Page:Chronicle of the law officers of Ireland.djvu/306

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LEGAL HISTORY OF IRELAND.
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same without further inquisition in the crown; living within a rebellious district was held evidence strong enough to constitute the guilt of treason against the party so circumstanced, and enforce from him proof of active loyalty. Being slain in battle or executed, flagrante bello, was deemed rebellion, and constituted an immediate attainder, in which instance the heir was irrevocably bound, and could not successfully support by right by shewing that his ancestor acted under compulsion, or suffered by martial law. The preceding practices are anomalous to common law, and were, however, enforced by the tyranny of Government, and the corruption of Irish judges. The boundaries and claims of church lands and monasterial possessions also afforded an ectensive field for litigation and doubt; add to these the contradictory grants of the crown, with the artful and fraudulent claims of existing and reversionary assignees; such a state scarce needed the additional abuse of that ancient prerogative of the English crown, which presumes all landed property to flow directly from that fountain, and throws (when demanded) the necessity of shewing a title on the possessor. The preceding legal harvest afforded ample room for professional discussion in arranging the struggling rights of complaining natives, unprincipled courtiers, and designing adventurers.

Such was the actual situation of Ireland on, or shortly after the death of Elizabeth. It undoubtedly forms the undisputed glory of her successor, that he firmly determined to reduce this political chaos to a regular settlement, and providence permitted him to see those humane and public spirited endeavours crowned with complete success. In furtherance of this great design, James seated on the Irish bench, men alike eminent for talents and integrity; law officers of the crown bore a similar character; barristers and attorrnies also exhibited in suitable proportion, a body of practitioners distinguished for family descent, personal character, and extensive learning. Clerks were a subordinate legal body which existed under the judges and leading barristers. Laborious research and extensive professional learning marked