Sean, Sile and Seamus
1. Mercantilist Leavings
a. Regicide b. Jacobites and the
Scottish Union c. Class, Crimes,
Punishments And the ‘Work Ethic’ d. Developing the Criminal
Justice System
2. Ireland, Rural and Urban
a. Rural b. Urban c. A Useful Collection
3.Defenders and Dissenters
a. Wolfe Tone And 1798
1.Mercantilist Leavings
Sile: On this Webpage, the intention is to
describe the century under three broad headings: 1.
Mercantilist Leavings, 2 Ireland, Rural and Urban and 3. Defenders and
Dissenters. These three areas
are loosely devised to frame our commentary concerning the passage of
power from Prince to Parliament. The passage is more correctly
from a Christian Prince to a Christian Parliament, first, to
Parliament’s establishment and, then, to Parliament’s
organization. Through its fundamentally Christian values and their
received wisdoms, Mercantilism divides Europe on the outside on
Christian lines, while on the inside, its war-like corollary, the
Christian ‘work ethic’ mediates its values through the
confessional as well as through the phenomena of crime and
punishment.
Seamus: Let’s not bite off more than we can
chew.
Sile: Look who’s talking? Admit it –
didn’t you start this monster for a Website in media res,
and we have to finish it?
Seamus: What’s this in
media res? Do you think I began this Website without having
thought it through to the end? What? Spontaneously, like?
Sile: YES: WE BELIEVE YOU BEGAN IT SPONTANEOUSLY!
Sean: YES: WE BELIEVE YOU BEGAN IT SPONTANEOUSLY!
Seamus: Well, you might
be wrong?
Sile: NO WAY!
Sean: NO WAY!
Seamus: Well, if that’s
what you think, so be it. At least let’s finish this Webpage.
Sean: Before proceeding further I need to
get some things into some focus. To do that I hope you don’t mind but I
need to summarize some of the things that have been said on this
Website. In (2.b) The Criminological History of Ireland,
you propounded a new theory
of Irish history in which Power, you claimed, passed from the
people to the Pope, in the first instance, and then it passed from
the Pope to the Prince and then from the Prince to Parliament.
This constituted three of the four paradigmatic shifts in power
underpinning European history. The fourth shift was the passage of
power from Parliament back to the People, which may be occurring
in our own time, but, of course, to a totally different type of
people (both racially as well as from a sociologically conscious
point of view) to those in whom power originated. You also claimed
that the European paradigm is not the Irish one, that the Irish
were more in Europe
that of it, and that in fact the Irish never really moved
from the first
paradigmatic movement and were never really able to rise to the
second historical stage proper, but that the second stage and all
other stages were done ‘darkly’, through the glass of European and
the filter Anglo-Roman arrangements, as it were? Do you still feel
that this is the case?
Seamus: Of course.
Sean: Crime and punishment in the
eighteenth century, therefore, will necessarily reflect through that glass the
third phase of history that is the passage of power from Prince to
Parliament. Before examining such a purported configuration, I
take it that we are still arguing within the context of the
ongoing Christian conquest? How should we conceive of that?
Seamus: Yes, but let us not restrict our
discourse too rigidly. Generally speaking, between 1600 and 1800
the form of antagonisms consistent with the furtherance of the Christian Conquest was
known in Europe as Mercantilism-come-Capitalism. Most of the
governing states of western Europe were heavily influenced by its
orientation, which was an assortment of policies and measures
designed to keep the nation state prosperous, Christian and
through trade abroad, manufacture at home, and the collection of
precious metals – mostly gold -- economically independent (Bullionism).
Sean: Accepting that,
where do we go from here?
a. Regicide
Seamus: Let us look back for a moment. I
think we can agree that the Christian conquest has by the seventeenth and
eighteenth centuries come a long way from the fraudulent Empire of
the Patriarch Sylvester, just as Ireland has come a long way, in
time at least, from the fraudulent claim of Laudabiliter. Moreover,
Christianity now divides the
new nation states as it divided countries under the Papacy. In the
sixteenth century it was the British versus the Spanish, and
Elizabeth sent the armada packing, even onto the shipwrecked coast
of Western Ireland. And the British and the French was a permanent
Christian feature of hate. Sooner rather than later the Irish
Catholic and the English Protestant would be formed in the same
forge. The European Reformation, therefore, will divide Europe
into a North and a South, and these polarities enter the Irish
political scene alternatively as war, as Martyrology and as crime. Consider the following
points:
1. The
execution of Charles I on January 30 1649 by Cromwell and the
English parliamentarians marked the end of monarchy and the
passage of monarchical powers in England to parliament. Some three
weeks before hand, on January 4, the House of Commons more or less
stated this fait accompli.
The Commons declared, inter alia, 'that the people, are, under
God, the original of all just power...”
2. Charles’ connivance
through his Catholic wife with the Papacy, and the Papacy’s
connivance with the RC Church in Ireland (not to mention Charles’
own efforts) put the Reformation (the Christian Conquest) in issue
and, yet again, the Irish were being used by both Pope and Prince
to take a line that was most inimical to their own interests. I do
not just mean that they ran the risk of incurring the wrath of
Cromwell, but that they, by Catholic persuasion, would fight for
an English king, when by the same persuasion they wouldn’t fight
for a Gaelic one six centuries earlier. Where the ‘Irish’ were
obviously owned completely by the RC Church, the English were
self-determined, and had the strength, to break away from the
Prince in the same way as the Prince had broken away from the
Pope. What could be clearer? The real issue between the Irish and
the English is this: the former had – and have -- a deep-set
religious fixation from which they cannot be rescued, the latter
had a sense of history. In other words, while the Irish had an
image of themselves that was defined for them by the Holy Romans,
and never had a real discourse amongst themselves, the English
through their earlier experience of the real Romans always had a
discourse with themselves, defined their own image, and were able
to say ‘no’ to Rome and the Papacy when it didn’t suit their
requirements. And that’s a kind of difference that you can’t learn
in a day, in a week, or a thousand years, and certainly not from
the imitation of others or the mere use of words. That’s the kind
of thing a society as a society enriches itself with – a thing
that arises out of a continuous conscious social experience and
reflection on self. A sense of history, in other words!
3. To have defeated the
King on the field, then to purge Parliament and the King’s aids,
and then to put him on his trial, and then to chop his head off –
here was an unforgettable England. Here was greatness even beyond
the genius of Miltonic rhythm. Here was a country beyond compare!
Here was your fist and second Eden. Power was here wrenched,
forged and caste, not for self but for the common man. If you ask
Irishmen, who unanimously have grown up to hate Oliver Cromwell,
what do they think of Parliament, they will invariably tell you of
its marvels. But if you ask them how, without the determination of
Oliver Cromwell, it could conceivable have come about, they are
struck dumb.
Sean: And why do you think that is? The
cruelty of Oliver Cromwell would strike anyone dumb, not just
Irish men, but quite a few English men as well.
Seamus: Why they are struck dumb is because
they have never moved away from the conception of an overall power in the person of the
Pope – and no matter what he did, it didn’t matter. He was far
away, he was never thought of as a politician, and even if the
Catholic Church never allowed democracy to enter its theocratic
ranks, the Irish never cared, never analyzed, and were never
concerned with it. This, unfortunately, is very much part of the
problem with Catholicism and with Ireland. What most Irish men
should have asked themselves long ago was: where do they imagine
Parliament came from? Who invented it? And who, indeed, carried it
socially through such resistance, that they could borrow rather
than make it for themselves. That, in effect, they could pretend,
as with English soccer, that they stole it from some passing stork
or other. It never would dawn on Irish men to think that if they
resisted the Catholic Church and had to forge democracy out of
their relationship with the Pope, that they, too, in the process
would have to change, that they would have to adopt different
personalities, and that, in effect, they would become something
new – and that something might well be Protestants!
Sile: But you still speak within
Christianity. Protestantism is merely a different type of
Catholicism.
Seamus: Now that’s a peculiar way of putting
it, or, maybe, it is no more than we have already said about the avant-garde and the rear garde of Christianity.
Sile: Well, as a point of interest, where
do you think the moral conviction of which you speak came from? How did
the Puritans manage to draw upon such messianic drive to take out
their King and lop off his head, if not from the very Christian
conquest, which you castigate?
Seamus: You can say it was Christian, if you
like, but you may wind up saying that any attempt to reach a higher social or personal
form, or to cling to virtue, springs from Christianity. It
doesn’t. Aristotle knew all about reaching a higher form, long
before the Christians dreamed of harnessing to their own arsenal.
And the old pagan Irish knew about virtue. Did you ever hear
Stanihurst on their widespread practice of Fostering (otherwise
called Gossipred or Compaternity)?
` You cannot (says he) find one
instance of Perfidy, Deceit, or Treachery among them; nay, they
are ready to expose themselves to all manner of Dangers for the
safety of those who sucked their Mother’s Milk; you may beat them
to a mummy, you may put them upon the Rack, you may burn them on a
Grid-Iron, you may expose them to the most exquisite tortures that
the cruellest Tyrant can invent, yet you will never remove the
innate Fidelity which is Grafted in them; you will never induce
them to betray their duty`
Sean: I bet he knew all
about the rack!
Seamus: Well, Stanihurst was a monk himself.
It seems that the middle ages had nothing but monks. Anyway, the
above quotation comes from James Ware’s The History And Antiquities of
Ireland (translated by
Walter Harris Esq.). And it is perfectly wrong to thing of Christianity as the
font of all goodness. If Nietzsche had his way, he would banish it
from the face of the earth. We need not get so dramatic. It is
sufficient if we understand that Christianity takes the human
condition and appropriates it to its own mission. Human goodness
was there long before there was Christianity, so we need not ring
our hands and think that the world of all human value and warmth
will crumble because there are no Christians any more. There will
always be humans, and they will make their own morality.
In any event, my point about
the Christian conquest is its capacity to divide and continue to
divide. I never said it wasn’t a powerful and lethal coercive
force, maybe an unstoppable one! It is all these things. And Max
Weber was perfectly correct when he identified the constant
struggle for beliefs and convictions, for the hearts and minds, as
it was a kind of warfare. If you aren’t a Christian, however, then
the forceful spread of Christianity is more like a rampaging
monster than an enlightening religion; behind which is perhaps the
most aggressive and coercive propaganda since time began. One
thinks more of Tyrannous Rex than of T.S.Elliot’s ‘unoffending
feet.’ Not too long ago, before the Americans got started, the RC
Church organized its allies (the Irish, the Spanish, the
Australians) to direct their considerable attention on East Timor.
Was this a replay of John Paul 11 and Ronnie Reagan organizing the
downfall of Communist Russia, by bringing it to its starving
knees, and, together with Blair, Ahern and Bush, making great
inroads into the Muslim hinterland?
Sean: While the Christian Church claims to
be peaceful, its record is quite the opposite. Only the Church would deny that – and
even when they do deny it, they hardly do so with any conviction
any more. Its like their religious spiel. They never really talk
religiously, but always economically, lawyeristically, about
rights here and rights there –never as a concerned religion might
speak. But that detracts from our current discussion. If I
understand you correctly, you feel that one of the central Irish
questions respecting the Irish Protestants is: how could the
Republic of Ireland ever develop a democratic system, or a legal
system or an administrative system, if they hadn’t borrowed them
straight from the Protestants? You’re saying it was nowhere
present in the Holy Roman set up, which still wavers between the
confessional and the polite inquisition, not just on women and
sexuality, but in a totalitarian grip on everything
administrative, including the political parties, the
Bar/Bench/Civil Service ensemble?
Seamus: Now, you’ve got it. And the
eighteenth century is when progressive men forge ahead with a new kind of
freedom, despite the drawback of the Catholic Church. It is as if
Christianity has had its own civil war and the avant-garde is comprised of the reformed churches
and the rear garde still hangs on to a medieval type of belief.
The Irish and the English, already split over former things, are
now retrenching on this ongoing issue as well.
b. Jacobites and the Scottish Union
Sean: Before moving on to an Irish
configuration, is there not a comparison to be made with the
eighteenth century state of Scottish nationalism?
Seamus: There surely is. The Act of Union of
1707 uniting Scotland and England was designed, inter alia,
to secure a Hanoverian succession to the throne after the reign of Queen Anne. For at
least three decades after the Union there was no visible
improvement to the lower orders, and while there was some
resistance to the Jacobite cause, between the famines and the
taxes the majority probably were against the Union. The Stuarts
line became associated with Catholicism and however commendable
this was in Ireland; it was by the same token anathema to the
Scottish Kirk.
The Royal Navy and bad weather put paid to any
hopes of a successful French landing. In 1714 Queen Anne died, the
Union prevailed, and George 1 of Hanover succeeded to the throne.
This succession created its own resistance and the Jacobite Rising
o f 1715, led by John Erskine, and an army of support drawn mostly
from north-east and the Highlands, in other words Episcopalians
favorable to the Stuart line. With a two-to-one majority the
Jacobites mismanaged the war-effort and the Hanoverians, now
supported by some 6000 Dutch troops, put King James VIII’s twoto-one
majority to flight. (Was this a foretaste of things to come in
Ireland!)?
In 1745 Charles Edward Stuart, or Bonnie Prince
Charlie, yet again sought intervention from the French to breach
the Union. But the French saw no merit in it, so the patriotic
Prince decided to go it alone. Again he looked to the Episcopalian
northeast as well as the Highlands, and the response was
exhilarating. The Jacobites soon took Edinburgh and advanced south
to Derby, but disappointed by their expectation of the French, he
decided to go it alone.
Initially it was a startling success, once again
drawing most of its support from the northeast and the Highland
clans. With no sign of French support, the army fell back and
backs until near Inverness in 1746 the sound and slaughter of
Culloden Moor entered the Scottish lexicon with an irremediable
echo. Culloden, like Kinsale, sounded the death knell of a Gaelic
way of life! The Union was saved yet again – to the relief of the
Lowland Presbyterians, who contrast remarkably with the Irish
Presbyterians a half century later.
Sean: Apt though it is to remember
Culloden with a stave or two, there are few poems that I find
suitable.
Sile: Which means he
doesn’t find any suitable.
Seamus: Why not?
Sean: Well, if you look at the ones by
Andrew Laing and Robbie Burns, maybe like me you will dislike the first
for its suggested 6/8 rhythm and the second because of Burn’s
surrender to the female aspect of the defeat.
Sile: What’s wrong with
that?
Sean: I just find it unsuitable to the
devastation that I consider Culloden represented. It was every bit
as bad as the take-over of Irish life by the Parish Priest.
Seamus: What about Hugh McPherson. Maybe he
has something appropriate or one of the Gaelic poets?
Sean: Let’s leave it. All the Gaelic poets
seem to do is lament some religious object or other, some bishop’s
passing or some Biblical non-event. The trouble with the Gaelic
poets is their utter boredom. It was Burns who rescued the
Scottish poets from such a national depression as the Irish
suffered. -- Can we move on to some engagement with Irish
criminology?
Sile: We haven’t left
criminology, have we?
Seamus: Surely, but bear the execution of
Charles 1 in mind when we come to mention that of Damiens, the regicide. Also bear in
mind that the Catholic persuasion of the Irish to halt the
Roundheads was an attempt to thwart not just the effects of the
Reformation, but the development of Parliament and an English
Republic as well. In some ways it also constituted a move – like
Jacobinism -- back to government by Pope rather than forward to
government by Prince, foolish Prince, no doubt, but a secular one
nevertheless. You might also remember that the Irish Catholic
rising of 1641 was orchestrated on Charles 1’ s behalf, that it
was inspired by the Holy Roman interest, that it was to some
extent even subversive of everyone’s interests except the Pope’s,
and the ensuing tensions in Ireland were attributable to such
subversion. Every Irish man, I believe, has to make up his mind as
to the progressive nature of the Reformation and the progressive
nature of Cromwellian Parliamentarianism. If there is another
answer to these questions, I have never heard them, certainly not
in Ireland.
Sean: Why is it necessary
for every Irish man to answer to this question?
Sile: Because it is
central to Irish life, silly.
Seamus: Because those who appreciate secular
democracy or Parliamentary – even of the variety that George Bush considers eternally
fixed as it came over in the Mayflower – have to explain to
themselves how it could possibly have come about had power never
passed from the Prince to Parliament? The Americans imagine it to
be a one off and that it had no prior existence and cannot have a
future progression. That is why America still cannot understand
what either democracy is or what Communism was. And it is this
that they have in common with the Irish – a fervent ignorance of
history. But for the Irish it might mean that they not only
discover the fixed mould into which Catholicism has poured them
for all eternity, but that there was an older civilization on the
Island that wasn’t ‘Irish’ – but that was Gaelic and that they
existed long before the Jews were ever colonized by the Romans.
Sean :
You also mentioned before that at or around this period – with the
passage of power from
Prince to Parliament in British terms -- that the RC Church
exploited Irish weakness to the full.
Seamus: You must remember that it was only
in the 17th century, with the flight of the Chieftains and the decline
of the Irish language, that one could say that English control
over Irish life (as with Roman Catholic control) was absolute; for
it was only with the removal by the British of the native chiefs,
especially after Kinsale in 1603 that the way was clear for the
Catholic clergy to occupy their place. The Parish Priests are a
little like Cuckoo; they inhabit nests they never made nor sired.
Yet they get everyone to call them ‘Father’. Just as the British
placed their man (the Sheriff) in every significant conurbation,
so, too, the Holy Romans placed their main man (the Parish Priest)
smack where the Irish Chieftain used to sit. This was the ordinary
logic of the double imperial conquest: and it was the sheer
persistent genius of the Holy Romans to convince the Irish that
there was only one conquest, English, and that it was totally evil
Being more connected to Rome and less connected to the people, the
Parish Priest was well placed to run Ireland as if he was a
homegrown native. He organized around the Sheriff (and retained
control over the births, the marriages and deaths departments).
Now he could control Irish knowledge, Irish ignorance, and through
them fashion reproduction, fertility, sexual and social and
political behavior as he pleased. There was nothing he could not
touch or control, nothing too big, too small or too remote. For
long periods this control was riveted to Irish culture such that
Irish and Roman resistance to the overlord was seen as the same
thing. And this was easy when we think of the events of the
seventeenth century. In the Battle of the Boyne (1690), when the
Protestant King of Orange, William 111, defeated the Catholic King
James 11 and his French supporters an era of Protestant supremacy
took over. The old rivalry between France and England, so much a
factor in the history of the British Isles, will reassert itself
again at the end of the century, but this time with respect to
Presbyterian Ireland. In the meantime Protestantism is in the
ascendant, especially after the Catholic revolt of 1641, which yet
again legitimated the harsh treatment Irish people were to suffer
as a result of the ambitions of the Roman Church.
By the eighteenth century, then, the Holy Roman
Empire was well and truly split like the Cartesian cogito into a European divide
of Nation States. What increasingly distinguished the Northern
Protestant states and the Southern Catholic ones was the ‘Work
Ethic’. This was the new civil method of distinguishing those
nations that gathered respectively around the polarity of
Catholicism and Protestantism. Within this dichotomy, of course,
was the further dichotomizing fact of the division of labour, the
production of wealth, and the intensifying consciousness of these
differences as moral phenomena that needed redress –
class-consciousness! By the end of the century this consciousness
is to shatter Europe with particular resonance in Britain, France
and Ireland. How we interpret these phenomena is of particular
interest to the history of the eighteenth century, and while we
cannot cover all the relevant issues, the following, we claim, is
of essential interest to Irish criminology. Sean: In criminological terms how would
you describe the passing of power from Pope to Prince?
Sile : I know that when you say ‘Prince’ you mean to import the female
term ‘Princess’, as
well. But might I mention the enormous contribution of Elizabeth
to the Protestant cause.
Seamus: I suppose the best way to describe
it is in the terms of how contemporaries theorized it. Whatever
else the philosophes believed; few of them denied the enlightenment of monarchical
government. With the realization of the nation State, power passed
abruptly as well as gradually from the Pope to the Prince and for
a while the Prince occupied a place not too distant from the
former Pope. This, of course, meant, inter alia, that to use his
power most efficiently, it had to be brought into the narrow reach
of the Absolute Monarch and his Curia Regis, which is what happened during the reigns of
Louis XIV, Joseph II and Maria Theresa of Austria, and Catherine
the Great of Russia. And whether the legitimation for such
absolute authority sprung from ‘divine right’ or a social contract
based on enlightened service to the state or to the people if of
little real consequence, save and in so far as the ‘divine right
‘and the ‘social contract’ were ways of configuring crimes and
punishments as diverse as the ‘ lettre de cachet’, the
occasional shenanigans of ‘Star Chamber’, and the more frequent
pitch-capping of some croppy or other.
c. Class, Crimes, Punishments And the ‘Work Ethic’
Seamus: The class hierarchy of
crimes-and-punishments arises by virtue of the fact that what was a more
stratified society is now hardened around class-boundaries, which
makes criminological issues more simple in some respects than
hitherto – a fact that will be recognized at the end of the
century by the class antagonisms of the French Revolutionaries.
In Ireland, where the French
influence was popular if differential as between Catholics and
Presbyterians, the circumstances (according to the author of this
Website) could not be more inimical to a ‘ class’-based
revolution. And however much criminal and penal reforms are
compared or seen in parallel with mainland Britain, because of the
overriding significance of the hegemony of religious divisions,
they have to be understood accordingly.
Sean: Nevertheless, the influence of the
Americans, the French Revolution and the particular work of Thomas
Paine, did have an impact.
Sile :
Of course they did. But that does not explain why Ireland was any
different than the French in raising a revolution?
Seamus: But it does; for we must understand
that the resonance of the revolution – just as the act of Regicide
resonates in the antagonisms of those who have a King -- sounded
more amongst those societies which had moved from a simply
stratified society to a class-bound one. For only here was the ancien regime recognized as a class
and only through that could the working class recognize itself as
such as well. Those societies that were simply stratified cannot
see these things and are thus unconscious and empty imitators,
mothers of borrowed ideas who never experience the social
compulsion of their predicament. Anyway, how do you say that power
passed into the new arrangements of the Nation State?
Sile :
But when English executed Charles 1, there was no revolution, as
there was in France a century later.
Seamus: Yes-and-no. ‘Yes’, there was a
Revolution. It ran through the warp and weft of English society, centering
not just on Parliament but also on the religious allegiance of the
Monarchy and the need for the new religion. And ‘no’ – there was
no Revolution, because a Parliamentary revolution, rather than one
expressed in terms of class, was not considered a revolution a
hundred years earlier.
Sean: So, what changes do you say were revolutionary?
Seamus: The ordinary changes, which we in
Ireland take for granted – until, that is we make comparisons. These were once
revolutionary. Where we talk about change, but never did it, it
was they, the British, the Puritans who did the actual changing,
yet we fail to appreciate that fact. Without them no Parliament
was possible. Beginning with the Nation State, Lords Spiritual and
Lords Temporal, for example, entered a new alignment under the
King. The Irish, by comparison, have no such arrangement and are
thereby fed by ethical notions outside their culture that are not
generated by them. More generally, what had been Offences Against The Faith in
earlier centuries under the Papacy had eventually materialized in
the new Church/State-nation as Offences Against the State.
Again, an Irish comparison here is open to speculation and while the more affluent amongst
the Irish will attempt to laugh, even today, in the twenty first
century, would they dare laugh at the notion of ‘Moving Statutes’
or the blessed bones of ‘St Theresa’. Notable in secular England
was the transmutations from Heresy, Witchcraft, and Blasphemy to
Treason, Regicide, corruption of the blood, and Scandalum Magnatum. The laws
of Libel were designed to curtail accusations against structurally positioned VIPs as
well as to protect the middle-class distribution of the powerful
in the service of the State, under which the appropriation of
criminal matter was processed by the State’s new priesthood, the
lawyers. Solicitors and Barristers operated under the State
in much the same manner as the Dominicans and Franciscans had
operated under the Papacy; the only difference between the priest
and the lawyer being that the priest flattered himself that he
mediated the ways of God to his flock and the lawyer flattered
himself that he mediated the laws of the land to the citizen. In
the Irish Republic these distinctions are sometimes wasted or
non-existent.
And since the ‘work ethic’ was of central value to
the mercantilist and capitalist state the new crimes tried to
force the division of labour as well as criminalise the
recalcitrant. In this regard, there was an Urban as well as a
Rural aspect. The urban landscape ranged from the Palaces and
Castles to the Rookeries, the dens of pickpockets. Crimes like
vagrancy, vagabondage, and loitering, etc. became the crimes of
the lower orders, the men of no property, across new Europe,
whereas on the rural side, there was an intensification of crimes
against poaching the estates of the rich. Capital offences against
poacher proliferated, just as in the cities they proliferated
against burglars and housebreakers. This contrasted the manorial
wealth of the countryside with the manorial poverty of its
discarded retainers who were now eking out a living as artisans in
the trade guilds in the towns and villages, anticipating no doubt
the advent and growth of the coal mine and the factory.
In a way the eighteenth century, when criminal
justice was a personal matter, gave birth to what we call the
Criminal Justice System. First of all, differences were settled by
war (like the religious wars) and then by the wars between the
Nation States (France versus England, England versus Spinet) and,
also, the civil wars, which defined the new states. In a way the
process was one in which the ecclesiastical courts gave way to the
courts martial, which eventually gave way to the judicial system
of justice. In establishing the judicial system, the birth of the
Police, the growth of capital sentences (very frequent at first),
the reform of the courts, the development of the new priesthood of
lawyers around the state, and the prisons and reform institutions.
All these recidivist-ridden institutions are defined for the first
time in a modern sense in the eighteenth century, and in most
respects Dublin followed London. If anything Protestant Ireland
listened to the reformers like Howard, more than other British
cities. In Sir James Fitzpatrick M.D. they found their own
reformer – and there was much to reform. Dublin Newgate, while
never as promiscuous as London Newgate, was run on the same lines.
So, too, the Black Dog prison captured by Gilbert ( History
of Dublin) and in this and other respects (such as the Police) Ireland – as with
Northern Ireland today – to some extent became an arena of
experiment as well as innovation.
Sean: What then about punishments? Weren’t
they scaled to meet the crimes?
Seamus: And if there was a class hierarchy
of crimes, there had also to be a corresponding class hierarchy of
punishments. Again the first and most ferocious of these had to do
with killing the King. What had hitherto been anathema under the
Popes and, indeed, damnation, was now personified in the killing
of the monarch. Here the punishment for Regicide still clung to
its medieval roots, the very tortures and terrors that Beccaria
was trying to reform (Of
Crimes And Punishments.). Foucault (Discipline and Punish),
in his famous account of Damiens, the Regicide, he recounts how on March 2 1757,
when taken to the Place de Grave and placed on a scaffold, his
“Flesh is torn from his breasts,
arms, thighs and calves with red-hot pincers, his right hand,
holding the knife with which he committed the said parricide,
molten lead, boiling oil, burning resin, wax and sulphur melted
together and then his body drawn and quartered by four horses and
his limbs and body consumed by fire, reduced to ashes and his
ashes thrown to the winds'
It took renewed efforts before the
tugging horses finally quartered Damiens’s bodily parts; the
horrors recounted by Foucault were operated under the overview of
a Christian iconography.
Sean : What then about the working classes or the lower order, if you
will? Surely they were
very much affected by these changes?
And amongst the lower orders,
the Northern and Southern European aspects were easily
distinguished; for they were marked by a proliferation of new
punishments, not just extending the prevalence of capital
offences, but the alteration of punishments from the use of the
Galley sentence in Southern Europe to the use of the Bridewell/Zuchthaus in the North. Hand in hand with
the work ethic was the Workhouse and the House of Correction, not
to mention the growing use of schools, ordinary and special, and
including the development of schools to service the ships and the
trades to service the factories.
The whole history of Transportation was intended to
put people to work in the colonies, especially vagrants and
‘sturdy beggars’, and later on the reformists turned the same
Christian zeal on the Reformatory Schools and Borstals, which
echoed the same or similar felt needs.
Concurrent with Transportation and the Hulks was a
raft of reforms that led to the obvious need of the penitentiary.
Many writers have compared the functions of the prisons with those
of the factory, and the introduction in the nineteenth century of
the refinements of ‘Penal Servitude’ and ‘Hard Labour’ hardly
belie that view.
But perhaps the most enduring classic for linking
the changing forms of crimes-andpunishments with the vicissitudes
of the work ethic over the Mercantilist era is Rusche and Kirkheimer’s Punishment and Social Structure. Others have pointed out that the control of labour was only one aspect of
several other functions accompanying penal changes – amongst which
were the humanitarian substitution of transportation for the death
penalty, the reformation ‘by industry and good works’ of the
deviant, and the social rehabilitation of the criminal, especially
after the 1895 Gladstone Committee’s recommendations on Prisons.
Prison architecture, like the Galley ships, also
reflected the ‘work ethic’ as it was carried to the common
criminal. There are several works which work this area such as
Jeremy Bentham on Panopticon, or, indeed, Foucault (Discipline and Punish) on Bentham’s Panopticon
or Michael Ignatieff’s A Just Measure Of Pain, or Robert
Evans -- The Fabrication
of Virtue (English prison architecture, 1750—1840 (Cambridge
University Press1982). All of these and others besides constitute
a rich literature on
prison history extending from the eighteenth century onwards.
d. Developing the Criminal Justice System
Proportionate changes in the administration of the
Criminal Justice System required a new civil service. The new
state was to be served by a growing swell in the number of
lawyers, who like a new priesthood tended to the religious and
secular needs of the new State
The Reformation state in England placed the Lords
Spiritual and the Lords Temporal
under the Monarch. Now all were about to become the
servants of Parliament. Things spiritual in the Southern European
states were served unilaterally by the RC Church while, at the
same time, secular matters were catered for in some parallel
fashion by Parliament. The consequences of these respective
systems, not to mention the tensions between them, has never been
fully examined or resolved, the RC Church under Pope Benedict XVI
(2005) still planning and plotting a take-over of spiritual
hegemony. Of course in the new ‘Catholic States’ the RC Church
behaved in precisely the same manner as it had under the Holy
Roman Empire when Popes and the Papal Curia lorded it over the
pre-Reformation monarchies and civil governments. It might be
recalled that the Spanish Inquisition did not go away until 1808.
Think of the advancement of Fascism, not just as emerging from
Spain in the twentieth century under the RC Church and their main
man, Franco, but also as a continuing effort of the Christian
Conquest renewing itself under new circumstances (and lasting,
indeed, into the late John Paul’s relationship with Reagan and the
Christian return of George Bush.). And now the open continuation
of Fascism is present in the new Pope,
Ratzinger having been a member of the Hitler-jugend and having
been indoctrinated at an early stage by all those Hitler-jugend
songs. I don’t mean to imply that one is responsible for the
culture one is born into, but that’s a different matter when,
given the track-record of Ratzinger as Cardinal, we are left with
a word in which a piece of rubber can save a man’s life in Uganda
and the voice of science and the social scientists is stilled in
the face of the myths of religion. No one will condemn outright
the stance of the Papacy in respect of the polite slaughter it
creates. I am not talking about died-in-the-wool countries like
Ireland, the Philippines, Poland and East Timor – I am talking
about thinking countries other than them. The Vatican organizes
catholic countries just as East Timor was through the mediation of
Catholic Ireland, America and Australia. The State is really a
front for the old Church, just as a Catholic University is a
contradiction in terms. What is not generally known, except by
critically-minded persons brought up in Catholic countries, is
that neither the inquisition nor the overweening Papacy went away,
they just adjourned to the respective houses of Parliament, to the
school-rooms, the hospitals, the birthsmarriages- and deaths
departments, the child-care and poverty departments, and, of
course, the international department of Foreign Affairs, the great
forum for RC theatre. And if one is still looking for the
Inquisition’s old screwdrivers and forceps, one is more apt to
find them, as we shall see anon, in the children’s’ bedrooms and
in their schools.
Sean: It should not be forgotten that the
eighteenth century is the age of classical music, and it is hard to think
of it without hearing a Mozartian or a Handelian flourish. The
dismal economists like Adam Smith, and Bentham seem less
lugubrious when compared to the men of letters like Swift,
Molyneaux, Malthus, Johnson (Samuel), not to mention De Sade,
Voltaire and Baudelaire, historians like Gibbons, Lecky and Gilbert, reformers like Beccaria, Romilly,
Howard and the Irish ‘Howard ‘, Fitzpatrick, not to mention the
philosophers George
Berkeley, David Hume, Jean
Jacques Rousseau, Montesquieu, Adam Smith, Immanuel Kant, etc.,
etc., etc. The list is endless and the concerns equally so. Our
job is to boil everything down to some cabbage-like concepts that
we can hang on to. It would be much easier if we could listen to Don Giovanni or, more
pertinently, The Magic Flute, and just hear the eighteenth
century rather than try to conceive of it through endless texts.
Sile: As if things were so simple. In any
event I would have preferred Cosi Fan Tutti. Or better
still, let’s sit and just look at Ryan O’ Neill in Barry Lyndon.
That’ll give us a whiff
of the electricity-less eighteenth century. And on the reformer
front I prefer names like Mary Wollstonecraft, Mary Shelly, and
later on Elizabeth Fry, and two lesser known seventeenth century
Quakers, Elizabeth Fletcher and Elizabeth Smith, who introduced
the Irish to the precepts of Quakerism, for which offence, unlike
the fate of St. Patrick, they found themselves confined to
Dublin’s Newgate by the Lord Mayor.
Sean: I’m sorry to interrupt you two but
our interest here is to review society through the criminal institutions or,
alternatively, to view the criminal institutions through society,
not through the prevalence of Operas….
Seamus: Nevertheless an Opera like The
Magic Flute, which in our time has lost most of its political
significance, gives us Mozart’s quite preference for the Masons of
his day over the contemporary Catholic forces of reaction, whether
they were found in excoriating Papal Bulls or in the pinching
personality of Bishop Colorado, his patron.
Sile: It is often forgotten that the
inspiration of both Cromwell and the author of The Magic Flute are
laden with Christian iconography, no less, one might add, than
were John Bunyan’s Pilgrim’s Progress or Daniel Defoe’s
Moll Flanders. The point I am making is that the values of the
Christian conquest, having been internalized, are then
‘Protestantised’ or ‘Psychologised’ to suit the new political
arrangements of the seventeenth and eighteenth centuries. In a way
the Ten Commandments are individuated in the same manner as
‘possessive individualism’ is induced and becomes part of the
adoptive social skills by which the new materialism of the age is
assimilated. Unsurprisingly, therefore,
in medicine, as in law, as in religion, the secular bias, following the
Judeo/Christian bias against the female, unfolds and scaffolds the
new secular priesthood as exclusively male.
The criminal Bar, especially during the century
after 1750, emerged in its present priestly form and almost
paralleled with the development of capitalism.
Gradually, the notions of ‘felony’, ‘adversarial
procedure’, ‘legal representation’, and the rise of ‘advocacy’,
were stealthily defined and brought into play as presenting a
two-sided, binary notion of truth. More particularly, it was
through the combat-comecompetition, at first exhibited in the
political parties -- the same as emerged from the class struggles
in the late century – and thence into the cliques who represented
them in court, that truth, parliamentary truth or legal justice,
was attained. The adversarial aspects of procedure grew more
popular and the criminal Bar became part of the mosaic of what
people had come to call ‘the criminal justice system.’ Thereafter
the codes of criminal law particularised the necessity of a
professional criminal bar, which throughout the century developed
distinction after distinction respecting the moral and
professional status of the criminal lawyer. In the work of Allyson
N. May (The Bar and the Old Bailey, 1750-1850, the University of
North Carolina Press)
Sean: And added to these changes were the
introduction of the Police, a detective force, and an array of
prison reforms – all of which items are detailed elsewhere.
2. Ireland, Rural and Urban Crimes
Sean: What about Irish crime at this time?
I know that while all the above phenomena resonated in Irish
developments throughout the eighteenth century, there is, as
always, a particular Irish dimension, isn’t there?
Seamus: Yes, but what do you mean by the
Irish dimension?
Sean: I mean that European developments
are felt in Ireland; but that Irish social arrangements are quite different
than those applying to Europe. I mean that in many respects
Ireland was never of Europe, merely in it.
Sile: What do you mean by that?
Sean: I mean precisely what I say: And if
it is true that Ireland has no history, as has been claimed so often on this
Website, then it explains much of what I mean. I also mean that
the Irish social arrangements between Church and State – now
between Catholic Church and Catholic State in the South -- go back
to the initial as well as the continuing tensions created, as you
said, by the Christian Conquest. I am also saying that the
original tensions – that is between the two sovereign powers – the
Church and the State, is lost in Ireland, where the Church is
sovereign, and is under attack in Europe, where the Church lays
constant siege – and will do so even more under Ratzinger. The Papal Curia governs the only
remaining European Empire and no single country can match it.
Ireland is – and has been, since 1922 – a Vatican satellite, no
more!
Sile: I understand what you are saying. I
just feel that it is hard to imagine that these tensions do not seem to have
altered since their inception and yet they still operate subterraneously within the European historical
framework.
Sean: Well, maybe the ‘Irish dimension’
really means the state of the dialectic between the Holy Roman/Irish
interest and the Protestant/British interest in Ireland has
entered a new dimension. This time it is not for the Protestants
to preach; it if for the Catholics to rebel. And under Ratzinger
the Church may well disintegrate in its attempt at world conquest.
Seamus :
If that’s the case, then Irish culture has a role to play – this
time a role that is not
defined by the Pulpit, but one that grows out of a thinking,
reflecting, give-meback- my-power type of people. In any event,
here we are again, talking about Irish criminology and being
dragged back into Church’s concerns, the identity of the Irish
Church and State being too great for us to skirt. Maybe that’s
what the ‘Irish dimension’ will come to mean – a breaking away or
a redefining of things. Usually, when people speak about it, they
hide it under phrases about ‘Irish culture’, ‘Irish
peculiarities’, and ‘Irish character.’ These all fudge the
analysis. By ‘Irish’ is meant a cultivated Christian space in
Irish intellectual and administrative life that results primarily
from the eradication and forgotten existence of the indigenous
Gaelic people and the occupation of that space by the Christian
conquistadores. This is precisely what ‘Irish’ means, and during
my lifetime I have never known it to mean anything else. The
‘Irish’ are the Christian conquerors, regardless of the efforts
made by the Catholic ‘ Irish’ to persuade themselves and everyone
else that the Protestants are a bit more Anglo-Irish than they,
who, as Catholics, are somehow more native, more authentic, and
therefore less predatory.
Sile:
For me Ireland in the eighteenth century is one of sadness and
schizophrenia. We know
that the use of the English language is rising as the widespread
use of Gaelic is declining. The anvil, upon which the past and the
future are forged, lies between the backward look and the vision
forward, and both are as blurred as it is possible to get.
Sean: For me the eighteenth century is the
age of classical music, and it is hard to think of it without hearing a
Mozartian or a Handelian flourish. The dismal economists like Adam
Smith, and Bentham were positively jovial when compared to men of
letters like Swift, Molyneaux, Malthus, Johnson (Samuel),
reformers like Beccaria, Romilly, Howard and
the Irish ‘Howard ‘, Fitzpatrick. Utilitarianism or the Social
Contract Theory is every bit as applicable in Presbyterian Ireland
as elsewhere. I know you have made the case that the rebellion was
an Irish bourgeois event. But before we look at the details in
Wolfe Tone’s thinking, could you outline something of the crimes
and punishments that we are talking about?
a. Rural Crimes:
Seamus: Without going down an egoistic or a
sentimental road might I say that for me it meant 600 Carlovians (Catholics) being
slaughtered by a Protestant garrison and having their bodies
dumped in a Croppy Hole in ’98 Street, Graiguecullen, where my
father lived during the war years? And there is hardly one account
that explains it, including the account of Michael Farrell who
lived through it. In some ways, he remains uncomfortably neutral.
He was a reasonably well off saddler journeyman, who knew the poor
and the rich in the town. He joined the United Irishmen, but at a
certain juncture found them ridiculous. They were meant to be
secret, for example, but they all got their hair ‘cropped’ so that
they would be known to themselves. They didn’t seem to realise
that it was futile to think that you were a secret body, when you
stood out with a cropped head for one and all to see. Farrell felt
that they were naïve, ill equipped and somewhat off the wall. I
think he stops short of calling them ridiculous. Anyway he
counsels against war in the condition they are in. And he does it
so convincingly that it throws suspicion on himself. For even
tough he and his friends were arrested and tortured he survives
where others were hanged and writes his memoirs long after the
events. Apart from his account, there is the Father Mac Sweeney’s
account. This is not a contemporary account, and if one were to
believe Mac Sweeney, one would imagine that the essentially
Presbyterian uprising was begun in St Patrick’s college and was
waged only by holy Irish Catholics who either had a priest in the
family or adopted some family who had. Then there is Ryan’s
History of Carlow. In it we find the Orange account, and it claims
quite straightforwardly that the Priests had been egging the
Catholic Irish on throughout the 1790s and that they more or less
incited that part of it that applies to the Catholics.
Sean: So, we have an irreconcilable
position again, straddling as usual the Christian Conquest.
Sile: Carlovians, like the men of Wexford
and elsewhere -- and the men of Belfast today -- went out to kill
themselves. Why? Just because they initially differed with each
other as Christians. It is thanks, therefore, to Christianity that
Irish people kill each other still.
Sean: Can we not get away from this most
morbid subject? Why can’t we admit it – we don’t even constitute a
Goddamn society! We are some kind of herd or horde of Christians.
In any event, what about the other forms of crime and punishment
besides being a Christian and getting pitch-capped for it by your
nearest and dearest neighbours.
Seamus: Perhaps if we list some of the most
popular crimes and punishments of the eighteenth century, we would get something like the
following list.
Treason
Hanging +
Poaching
Murder
Robbery
Highway Robbery
Housebreaking
Burglary
Piracy
Galley Slavery
The Hulks
Transportation
The Penitentiary
Vagrancy.
Vagabondage
The Bridewell/ Workhouse
Abduction
Child Murder
Oath-taking
Seizing Arms
Coinage
Felons Gaols
Offences
Debtors Prisons
Embezzlement
Whipping and Pillory
Juvenile Crime
Houses of Correction
The above list is neither exhaustive nor meant to
be. Crimes like Duelling and Houghing and
Rioting, as we shall see, crimes that arise out of the differences
that exist between rural and urban living.
Perhaps the most widespread crime was one of simple
vagabondage, the hordes of medieval retainers looking for
somewhere to stay and somewhere to work. The increase in capital
punishments also attended both the spread of boroughs and houses
as well as the increase in housebreaking, burglary and larceny
offences.
The wider use of money became associated with
coinage offences, and was capitally dealt with.
Poaching was a most serious offence involving in
England the King’s deer. By derivation it became serious amongst
the Gentry in Ireland also.
Hanging, of course, was a universal punishment,
extending from Treason, where it attracted elaborate
augmentations, to simple larceny, the prevalence of which secured
several hangings in the burgeoning towns and villages of the
eighteenth and nineteenth centuries. Reform were minimalist and
gradual and it was only after great efforts at were made at the
end of the eighteenth century and the first quarter of the
nineteenth century, that eventually it was used more for the sole
crime of murder in most cases – but even this simple equation was
distorted in favour of embassies, judges and policemen and
government officials right up to the abandonment of capital
punishment as a means of social control.
Rural crimes were very much agrarian and even
religious in nature.
What with the dissolution of the monasteries the
agricultural change from tillage to pasturage and the enclosure
movements of the sixteenth and eighteenth centuries, the demand
for new labour and the structural unemployment of old labour gave
way to unemployed vagabonds and vagrants -- hordes of dislocated,
disconnected and unwanted people
At the same time the widespread use of wool, iron
and coal, opened up overseas markets and the routes to India and
America, which, by 1776, had its civil war and was closing off the
intake of convict labour.
And while much has been written about the secret
societies, the Shanavests, Philibeens, Drins, Reaskawallahs, and
other Faction Fighters, their precise location in Irish life has
not been convincingly made. Some have said that they were a
response to the enclosures of land and that the secret societies
went out at night to maim cattle and break down ditches – a
society of levellers. Others have associated them with the phenomenon of
Faction Fighting – a spontaneous outbreak of cultural or tribal
exultation that necessarily spent itself in beating the bejasus
out of each other across tribal animosities. This also has some merit. But whatever the case –
and we would prefer to leave such a large question to a more
detailed study – we cannot deny that the most foregoing of the
secret societies formed around the Defenders and the Peep-O’Day-Boys,
these being the more serious minded and the more purposeful of the
secret societies.
Before proceeding further with these, we might
mention some forms of Urban Crime in the eighteenth century. Apart
from the trade and gown riots, Dublin was given much to Urban
crime.
b. Urban Crimes:
Urban crimes in the metropolis at this time
included such offenders as ‘Chalkers’, ‘Houghers’, Weavers and Butchers, Liberty Boys,
Ormond Boys, `’Bucks’, ‘Bloods’, and `Pinkindindies`,
Serried groups of gentlemen as well as gangs of
tradesmen and Trinity College students committed most of these
crimes. And while there are several authorities that mention their
exploits, few deal with these criminals at length. Samuel A.
Ossory Fitzpatrick. for example, recalled that while the streets
were full of mendicants by day,
‘As soon as the shades of evening fell the dangers
from footpads and highwaymen were infinitely more serious. For
instance, we read: ' A few nights since Mr. Hume was attacked by
two footpads in Merrion Street, and robbed of two guineas and his
watch. They warned him to behave quietly, and give up what he had
about him; for if he made any resistance, they would cut him
without mercy.' ( Town
and Country Weekly Magazine, 19th January 1786.)’
… That no lack of severity on the part of the authorities can
be held accountable for this prevalence of robberies with violence
may be inferred from the following account of an execution at
Kilmainham. (The ancient Danish place of execution was Gallows
Hills, east of St. Stephen’s Green and south of Lower Baggot
Street. A gallows still stood near St. Stephen's Green in 1786,
and here the four pirates mentioned shortly, were hanged) 'The
execution of five footpads on Saturday last' (25th June 1785)
'was, by an accident, rendered distressing to every person capable
of feeling for the misfortunes of their fellow 20 creatures. In
about a minute after the five unhappy criminals were turned off;
the temporary gallows fell down, and on its re-erection, it was
found necessary to suffer three of the unhappy wretches to remain
half-strangled on the ground until the other two underwent the
sentence of the law, when they in their turn were tied up and
executed.' This extract is a good example of the sentimentalism
iii such matters which characterized the period.
Three more executions were carried
out at the same place on 26th January 1786. The presence of so
much wealth in Dublin, while so many of its inhabitants were
destitute, must be held accountable for much of this crime, as we
find it noted' in Twiss’s tour that 'footpads, robberies, and
highwaymen are seldom heard of except in the vicinity of Dublin.'
In the city, however, scarcely a
week seems to have passed in which some burglary or robbery with
violence is not chronicled. Such being the condition of the
streets, we need scarcely wonder that the roads in the
neighborhood of the city were infested with highwaymen. In a
number of the same weekly paper we read: 'The lads of the road
were rather unfortunate on Sunday last, and that too on a cruise
in which they expected to levy considerable contributions
(Donnybrook Road at fair-time), for between the hours of nine and
ten, six of them having' stopped a capriole (sic) near Cold
blow Lane and called on the
gentlemen therein to deliver their money, one of the gentlemen
instantly presenting a musket at them they made a precipitate
retreat. Their next attack was on a coach, in which unfortunately
for them were four Independent Dublin Volunteers, full armed, two
of whom, as soon as one of the robbers presented a pistol at the
window, jumped out at the other, and after knocking the villains
down with the butts of their firelocks, seized them,
notwithstanding a desperate resistance, and brought them to town,
where after securing five of them for the night, they had them
next morning brought before the sitting magistrate, at the Tholsel,
and committed to take their trial.'
Indeed, gentlemen belonging to the
volunteers often took upon themselves to patrol the streets at
night, and thus men of rank might be found discharging the duties
now committed to the capable charge of the Metropolitan Police.
But crime was not limited to
robberies or ‘coiners’. In March 1766 four pirates, captured near
Dungannon Fort, Waterford, were hanged in St. Stephen's Green, and
their bodies suspended in chains on the south wall and afterwards
removed to the Muglins, a cluster of small rocks near Dalkey
Island.
The dangers of the streets, said
Fitzpatrick,
were further added to by the conduct
of the 'Bucks' and 'Bloods,' young men of fashion, who founded the
notorious 'Hell Fire Club,’ the remains of whose clubhouse still
form a landmark on the summit of one of the Dublin mountains. They
are said to have set fire to the apartment in which they met, and
‘endured the flames with incredible obstinacy … in derision … of
the threatened torments of a future state.' (Ireland Sixty
Years Ago, Dublin, 1851, p.18.)
The conduct of these 'Bloods' may be
gauged by the following extract from a contemporary newspaper: 'Three
Bloods passing through High Street amused themselves by breaking
windows, and on one of the inhabitants complaining of their
ill-conduct, they pursued him into his shop, struck him violently,
and had the brutality to give his wife a dreadful blow in the
face. Two of them were soon obliged to retreat and leave their
companion behind, who was lodged in the Black Dog Prison'
(Formerly Browne's Castle (Mayor in 1614), converted into an inn,
known, from its sign of a talbot or hound, as the Black Dog, and
early in the 18th century used as the Marshalsea Prison.)
Many of these ' Bloods' were known as 'sweaters '
and 'pinkindindies'; the former practiced 'sweating,' that is,
forcing persons to deliver up their arms; the latter cut off. A
small portion from the ends of their scabbards, suffering the
naked point of the sword to project; with these they prodded or
'pinked' those unoffending passers-by on whom they thought fit to
bestow their attentions.
The outrages of these ruffians led to a universal
demand for the re-enactment of the 'Chalking Acts.' These Acts
imposed extreme penalties on those offenders known as 'Chalkers,'
who mangled and disfigured persons 'merely with the wanton and
wicked intent to disable and disfigure them.' That these
provisions were especially directed against young men of the
better class is evident from the provision that the offence shall
not corrupt the offender's blood, or entail the forfeiture of his
property to the prejudice of his wife or relatives.
The practice of wearing swords, then universal with
men of rank and fashion, fostered the spirit of aggressive outrage
on the peaceable citizens, and is also accountable for the
prevalence of dueling, in which the most eminent members of the
Bar and Senate commonly engaged. Fitzgibbon, the Attorney General,
afterwards Lord Chancellor and Earl of Clare, fought with Curran,
afterwards Master of the Rolls. Scott, afterwards Lord
Chief-Justice of the King’s Bench and Earl of Clonmel, had a duel
with Lord Tyrawly on a quarrel about his wife, and afterwards met
the Earl of Llandaff in an affair concerning his sister.
Duels, if we are to believe Jonah Barrington in his
Personal Sketches, were quite frequent, perhaps more so among the
legal profession, when the talk stopped and the action began. Much
of it occurred within reach of Trinity College. The Hon. Hely
Hutchinson, for example, when Provost, had occasion to fight a
duel with a Master in Chancery.
According to one estimate some 300 ‘notable’ duels
were fought during the last two decades of the 18th century,
fuelled no doubt by no little alcohol consumed by Dublin’s
‘drinking classes.’ According to Petty Winetavern Street, with a
population of 4,000 families in the reign of Charles 11, contained
1,180 alehouses and 91 public brew-houses – a veritable Joycean
maze!
Moreover, according to John Edward Walsh in Chapter
1 of his Ireland 60
Years Ago Dueling, Houghing and Rioting were more of a
sport than a crime. In his description of the Town and Gown Riots,
the Liberty Boys attacked the Ormond Boys as a matter of habit…
It was a time when the ‘industrious classes’ or
tradesmen, or even professional or businesspersons, were regarded
by the upper orders as a necessary evil.
According to Walsh, the ‘one most singular pursuit
in which the highest and lowest seemed alike to participate with
an astonishing relish, viz., fighting, which all classes in
Ireland appear to have enjoyed with a keenness now hardly credible
even to a native of Kentucky.’
Among the lower orders, a feud and deadly hostility
had grown up between the Liberty boys, or tailors and weavers of
the Coombe, and the Ormond boys, or butchers who lived in
Ormond-market on Ormond quay, which caused frequent conflicts; and
it is now a matter of history that the streets and particularly
the quays and bridges were impassable in consequence of the
battles of these parties The weavers, descending from the upper
regions beyond Thomas street, poured down on their opponents
below; they were opposed by the butchers, and a contest commenced
on the quays which extended from Essex to Island-bridge. The shops
were closed; all business suspended; the sober and peaceable
compelled to keep their houses; and those whose occasions led them
through the streets where the belligerents were engaged, were
stopped, while the war of stones and other missiles was carried on
across the river, and the bridges were taken and retaken by the
hostile parties.
It will hardly be believed that for whole days the
intercourse of the city was interrupted by the feuds of these
factions. The few miserable watchmen, inefficient for any purpose
of protection, looked on in terror, and thought them selves well
acquitted of their duty if they escaped from stick and stone. A
friend of ours has told us that he has gone down to Essex (now
Grattan) bridge, when he had been informed that one of those
battles was raging, and stood quietly on the battlements for a
whole day looking at the combat, in which above 1,000 men were
engaged. At one time, the Ormond boys drove those of the Liberty
up to Thomas-street, where, rallying, they repulsed their
assailants, and drove them back as far as the Broadstone, while
the bridges and quays were strewed with the maimed and wounded. On
May 11, 1790, one of those frightful riots raged for an entire
Saturday on Ormond-quay, the contending parties struggling for the
mastery of the bridge; and nightfall having separated them before
the victory was decided, the battle was renewed on the Monday
following. It was reported of Alderman Emerson, when Lord Mayor,
[In 1776] on one of those occasions that he declined to interfere
when applied to, asserting, "it was as much as his life was worth
to go among them."
These feuds terminated sometimes in frightful
excesses. The butchers used their knives, not to stab their
opponents, but for a purpose then common in the barbarous state of
Irish society, to hough or cut the tendon of the leg, thereby rendering the person incurably
lame for life. On one occasion, after a defeat of the Ormond boys,
those of the Liberty retaliated in a manner still more barbarous
and revolting. They dragged the persons they seized to their
market, and, dislodging the meat they found there, hooked the men
by the jaws, and retired, leaving the butchers hanging on their
own stalls.
Perhaps one should not forget that the eighteenth
century notion of a ‘gentleman’ was perfectly aristocratic.
Consequently, no association with the lower orders was desirable.
It was only when the sons of gentlemen were young, in their
student days, that the association with either commercial or
criminal types as well as butchers and coal-porters became
possible. Much was expected, therefore, of the Trinity College
undergraduate.
The students of Trinity College were particularly
prone to join in the affrays between the belligerents, and
generally united their forces to those of the Liberty boys against
the butchers. On one occasion several of them were seized by the
latter, and, to the great terror of their friends, it was reported
they were hanged up in the stalls, in retaliation for the cruelty
of the weavers. The authorities at length collected a party of
watchmen sufficiently strong, and they proceeded to Ormond-market;
there they saw a frightful spectacle - a number of college lads in
their gowns and caps hanging to the hooks. On examination however
it was found that the butchers, pitying their youth and respecting
their rank, had only hung them by the waistbands of their
breeches, where they remained as helpless, indeed, as if the neck
suspended them.
The gownsmen were then a formidable body, and, from
a strong esprit de corps, were ready, on short notice, to issue forth in a
mass to avenge any insult offered to an individual of their party
who complained of it. They converted the keys of their rooms into
formidable weapons. They procured them as large and heavy as
possible, and slinging them in the sleeves or tails of their
gowns, or pockethandkerchiefs, gave with them mortal blows. Even
the fellows participated in this esprit de corps. The interior
of the college was considered a sanctuary for debtors; and woe to the unfortunate
bailiff who violated its precincts. There stood, at that time, a
wooden pump in the centre of the frontcourt to which delinquents
in this way were dragged the moment they were detected, and all
but smothered. One of the then fellows, Dr. Wilder, [Rev. Theaker
Wilder, a good mathematical scholar was tutor to Oliver Goldsmith.
He was elected Fellow in 1744; and died in 1777:] was a man of
very eccentric habits, and possessed little of the gravity and
decorum that distinguish the exemplary fellows of Trinity at the
present day. He once met a young lady in one of the crossings,
where she could not pass h |