such as is almost without parallel, the strife raged. Philip of Spain, smarting from the defeat of his designs on England and burning with a lust for revenge, sent aid, and O'Neil was no ordinary leader; but the doom of destruction was on the Celts. Ravage and ruin was spread broadcast through the land, but the result of the struggle was never really in doubt. No sooner was the conduct of the war entrusted to Mountjoy than the fate of the Irish was sealed, and in 1602 all was From the horrors of the prolonged war, as from so many another blood-stained page of Irish history, one can but turn with loathing. over. The revolt is important in its ultimate bearing on the history of the Irish land, though no important forfeitures were immediately exacted. The leaders of the rising were treated with singular mercy as one by one they surrendered, O'Neil himself being left in his Earldom; but O'Neil and O'Donnell were marked men. Elizabeth again tried the policy, so often unsuccessful, of a leniency which was neither respected nor understood. Four years later, in the reign of James the First, O'Neil and the Earl of Tyrconnel1, detected in planning another outbreak, fled the country, and their immense estates escheated to the crown. Some two millions of acres-the counties of Donegal, Derry, Cavan, Fermanagh, Armagh and Tyrone-were thus placed at the disposal of the English; but, only 511,465 were actually taken up by the crown. The way in which this half million of acres was primarily granted is shown by the following table': To the Londoners and other undertakers: 209,800 The Bishops' mensal lands 3,413 72,280 9,600 would have been tried by the Desmonds and Tyrones, independent of this motive. 1 Brother of the O'Donnell of the revolt, who died in Spain. 2 Taken from Short Hist. of Irish People, A. G. Richey, p. 605. The scheme of plantation drawn up in 16091 provided for the settlement upon these lands of large numbers of small tenants, and a colony of Scotch and English Protestants, mainly 'labourers, weavers, mechanics, farmers and merchants,' was established on the escheated territory. Frugal and hardworking the new settlers established an era of apparent prosperity, and until 1641 lived side by side with the native race2 with less open hostility than might have been expected. 1 Fully treated of in the next Chapter. 2 To whom the unappropriated terri tory, some million and a half acres, had been restored. CHAPTER V. THE SUBSTITUTION OF ENGLISH TENURES AND THE ERA OF PROTESTANT ASCENDENCY. THERE is every reason to believe that the changes first systematically introduced in the reign of James the First were conceived in a liberal spirit, and honestly designed to benefit an unhappy country groaning under the yoke of heavy oppressions; but the fatal mistake of implanting a comparatively advanced civilization upon a society unfit to receive it converted what was intended as a benefit into a curse. What would have been the effect of a recognition of the Brehon Law, and an application of the machinery of Courts and determinate sanctions to its system is difficult to say, probably it would have forced into unnatural prominence many customs which had only a theoretical existence1; but it is hard in the light of later events not to think that this might have been the less of two evils. The history of the final abolition of the Irish code is simple. Two decisions of the Courts in the reign of James the First, whereby the whole land system of the Brehon Law was crumbled into dust, became of great importance, since they followed the conquests of war, and hence affected practically the whole of Ireland. One, by the decision of all the Judges ('per tous les justices') declared void in law the Irish custom of Gavelkind succession, while the other abolished Tanistry. The judgment in Gavelkind which is fully reported by Sir John Davies is worthy of close examination. The reasons given in it for the decision are: 1 Sir H. Maine considered that this has largely been the result of our re cognition in India of the Indian customs. |