CH. 6. COMMON LAW AMONG THE ANCIENT ... - Origin of Nations

tribes. He could impose no new law, nor demand extra-legal service. He was never alaw unto himself but always subject to the rule of law.The political bond, which seemed so loose, drew all its strength from a body of nationaltradition and a Universal Law Code. Separate and independent as the tribes were, allalike accepted the one Code which had been fashioned in the course of ages. The samelaw was recited in every tribal assembly.There were schools of lawyers to expound the law. Thereby, the spirit of the Irishfound national expression in a code of law showing not only a well and trulyextraordinarily acute and trained intelligence -- but also a true sense of equity.Scholars in their degrees ranked with kings and chiefs, and professors sat by the highkingand shared his honours. It is in the exaltation of learning in the national life that wemust look for the real significance of Irish history -- the fine idea of a society loosely heldin a political sense, but bound together in a spiritual union.Under the competent leadership of trained and educated legal scholars, also the commonpeople themselves were deeply involved. As A.S. Green explains,#112# in Ireland everycommunity and every individual was interested in maintaining the law of the people andthe protection of the common folk. Irish land laws, in spite of all the changes thatgradually covered the land with fenced estates, actually preserved popular rightsthroughout all the centuries -- viz.: fixity of rates for the land; fixity of tenure; security ofimprovement.Rights of inheritance and due solemnities of election were accurately preserved. SaidSir John Davis, the English Attorney-General of Ireland under King James theFirst: “The Irish are more fearful to offend the law than are the English -- or anyother nation whatsoever. No nation loves equity and justice better. The Irish aresatisfied to see it executed -- even against themselves.”That was certainly the case in Ancient Free Ireland, while under her own Brehon Law.Then, they were never 'feckless' -- nor were they a nation of rebels constantly 'against thegovernment' etc. Such perceptions about Irishmen must be attributed only to Ireland'slater reaction against the forceful imposition of foreign and by-then-divergent legalsystems upon her -- in relatively recent times.In his book Ireland, McCarthy records#113# that ancient Irish kings were surrounded bylawmakers, soldiers, musicians and poets. All such kings only presided over legislativeassemblies. The various kingdoms of Ireland were politically and militarily strong, andthe land was a centre of learning.The early rulers of Erin were Gaelic Celts with blond and reddish hair. They came toIreland about 350 B.C., carrying iron weapons that enabled them to subdue the earlierinhabitants. The latter were a Celto-Basque or Celtiberian people from northern Spainwho were armed with bronze.27