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The chief duties of this singular commission were, to fix a money rental for all lands, free and unfree, in Clare and Connaught; to assess the taxation fairly due to the crown also in money; and to substitute generally the English law of succession for the ancient customs of Tanistry and gavelkind.
This order of succession, called Tanistry, was said to have been invented in the Danish troubles, lest the tribe, during a minority, should have been endangered for want of a sufficient leader.
The English title carried with it, according to English law, the principle of hereditary succession; but when the first earl died, the clan of O'Neil refused to adopt the English practice, and, according to the Irish principle of tanistry, chose as his successor the member of the house for whom they had the highest regard.
The customs of "gavelkinde" and "tanistry" were attended with the same absurdity in the distribution of property. The chieftains and the tanists, though drawn from the principal families, were not hereditary, but were established by election, or, more properly speaking, by force and violence. * Sir John Davis, p. 166. Sir John Davis, p. 167 * Sir John Davis, p. 173
The chief duties of this singular commission were, to fix a money rental for all lands, free and unfree, in Clare and Connaught; to assess the taxation fairly due to the crown also in money; and to substitute generally the English law of succession for the ancient customs of Tanistry and gavelkind.
An enormous amount of litigation as to the law of real property was created by a judgment of the Court of King's Bench at Dublin, in 1605, by which the ancient Irish customs, of tanistry and gavelkind, were declared null and void, and the entire Feudal system, with its rights of primogeniture, hereditary succession, entail, and vassalage, was held to exist in as full force in England.
The constitution given by this Prince to the whole country seems to have been a close copy of the Irish it embraced the laws of Tanistry and succession, and the whole Brehon code, as administered in the parent state. The line of Kenneth may be said to close with Donald Bane, brother of Malcolm III., who died in 1094, and not only his dynasty but his system ended with that century.
The Norman lords in many parts of the country lived right in the midst of an Irish population, with its Brehon judges, shanachies, harpers, and other officers, attached to their customs of gossipred, fostering, tanistry, gavelkind, and other usages, which the parliaments of Drogheda, Kilkenny, Dublin, Trim, and other places, were soon to declare lewd and barbarous.
And this is Tanistry, which is a succession made up of inheritance and election, a succession in which blood is inviolably regarded, so far as it was consistent with military purposes. It was thus that our kings succeeded to the throne throughout the whole time of the Anglo-Saxon, empire.
Some peculiarities of the Brehon law, relating to civil succession and sovereignty, such as the institution of Tanistry, and the system of stipends and tributes, have been already explained; parricide and murder were in latter ages punished with death; homicide and rape by eric or fine.
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