by the distinction between murder and manslaughter
and by other circumstances; but in no case was a violent
death, however innocent, allowed to pass without reparation
being made. A fine was awarded out of the property
of the convict or of his
fine to the
fine
of the person slain, in the proportions in which they
were entitled to inherit his property, that being
also according to their degrees of kinship and the
degrees in which they were really sufferers. This
gave every clan and every clansman, in addition to
their moral interest, a direct monetary interest in
the prevention and suppression of crime. Hence
the whole public feeling of the country was entirely
in support of the law, the honor and interest of community
and individual being involved in its maintenance.
The injured person or
fine, if unable to recover
the fine, might, in capital cases, seize and enslave,
or even kill, the convict. Probably restrained
by the fact that, there being no officers of criminal
law, they had to inflict punishment themselves, they
sometimes imprisoned a convict in a small island,
or sent him adrift on the sea in a
currach
or boat of hide. Law supported by public opinion,
powerful because so inspired, powerful because unanimous,
was difficult to evade or resist. It so strongly
armed an injured person, and so utterly paralyzed
a criminal, that escape from justice was hardly possible.
The only way in which it was possible was by flight,
leaving all one’s property behind, and sinking
into slavery in a strange place; and this in effect
was a severe punishment rather than an escape.
FOREIGN LAW. The Danes and other Norsemen were
the buccaneers of northwestern Europe from the eighth
to the eleventh century. They conquered and settled
permanently in Neustria, from them called Normandy,
and conquered and ruled for a considerable time England
and part of Scotland and the Isles. In Ireland
they were little more than marauders, having permanent
colonies only round the coast; always subject, nominally
at least, to the ard-ri or to the local chief;
paying him tribute when he was strong, raiding his
territory when he was weak, and fomenting recurrent
disorder highly prejudicial to law, religion, and
civilization. They never made any pretence of
extending their laws to Ireland, and their attempt
to conquer the country was finally frustrated at Clontarf
in 1014.
The Anglo-Norman invaders also seized the seaports.
The earlier of them who went inland partially adopted
in the second generation the Gaelic language, laws,
and customs; as many non-Celtic Lowlanders of Scotland
about the same period adopted the Gaelic language,
laws, and customs of the Highlanders. Hence they
did not make much impression on the Gaelic system,
beyond the disintegrating effect of their imperfect
adoption of it.