Page:History of Freedom.djvu/291

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GOLDWIN SMITH'S IRISH HISTORY
247

Frank had done on the continent of Europe the Normans came to do in England, where it had been done before but had failed, and in Ireland, where neither Roman nor German influence had entered.

Thus the theory of nationality, unknown to Catholic ages, is inconsistent both with political reason and with Christianity, which requires the dominion of race over race, and whose path was made straight by two universal empires. The missionary may outstrip, in his devoted zeal, the progress of trade or of arms; but the seed that he plants will not take root, unprotected by those ideas of right and duty which first came into the world with the tribes who destroyed the civilisation of antiquity, and whose descendants are in our day carrying those ideas to every quarter of the world. It was as impossible to realise in Ireland the mediæval notions of ecclesiastical liberty without a great political reform, as to put an end to the dissolution of society and the feuds of princes without the authority of a supreme lord.

There is one institution of those days to which Mr. Goldwin Smith has not done entire justice.

It is needless to say that the Eric, or pecuniary composition for blood, in place of capital or other punishment, which the Brehon law sanctioned, is the reproach of all primitive codes, and of none. It is the first step from the license of savage revenge to the ordered justice of a regular law (p. 41).

Pecuniary composition for blood belongs to an advanced period of defined and regular criminal jurisprudence. In the lowest form of civil society, when the State is not yet distinct from the family, the family is compelled to defend itself; and the only protection of society is the vendetta. It is the private right of self-defence combined with the public office of punishment, and therefore not only a privilege but an obligation. The whole family is bound to avenge the injury; but the duty rests first of all with the heir. Precedency in the office of avenger is naturally connected with a first claim in inheritance; and the succession to property is determined by the law of revenge. This leads both to