488 



the same Ninth Earl Gerald, whose covenant with the Mac Rannalls we 

 are considering. In most instances, however, the language, if indicated 

 at all, appears to have been Latin; but an agreement, slightly dif- 

 ferent in form, in the Irish language, is printed by Mr. Hore in the 

 "Kilkenny Archaeological Journal" (vol. iv., p. 127, new series). Se- 

 veral of the entries in the Rental Book make it plain that the agreement 

 must have been with the sept, and not with individuals ; and in such 

 cases the paj^ment must be regarded as little short of a formal tribute 

 rendered as the price of protection. In many of them the condition of 

 " defence" is expressly stipulated ; some of them grant to the Earl the 

 hanys (kaines, or fines) or half-lcanys of the territory ; and in most cases 

 they are made " perpetual," or " to the Earl and his heirs for ever." It is 

 curious, too, that some are conditional — a distinction being made between 

 the case of the Earl's holding the office of Lord Deputy and that of his 

 not holding this office ; and it is still more remarkable that the effect on 

 the amount of payment in one case or the other is not uniform, but tells 

 differently upon different covenants. In some instances it is stipulated 

 that the payment is only to be exacted while the Earl holds the office of 

 Deputy ; and that, should he at any time cease to be Deputy, the pay- 

 ment shall be remitted.* In others the converse principle prevails. It 

 is stipulated that in case the Earl should not be Deputy, the payment 

 is to be reduced by one half.f This distinction, at first sight perhaps 

 paradoxical, is intelligible enough. In the former class of covenants, the 

 motive on the Earl's part would seem to be the desire of giving to the 

 parties, who were powerful and influential, a direct interest in labouring 

 that he should be continued in the office of Deputy. In the latter, the 

 consideration "for defence" is diminished, in proportion as the power 

 of the Earl is diminished by his ceasing to hold public office as Deputy. 



I shall only add that in many instances whole clans, like the Clan 

 Melaghlin Mac Hannall in the Deed before us, are the parties to the 

 covenant — as Clan Cahill and Clan Mahon, in the Brenny ; Clan Mac 

 Hynward, in Oriel ; Clan Mac Shane, in the O'Bernys' Country — and 

 that in such cases the tribute was to be levied collectively, and upon 

 the territory, rather than on the contracting parties as individuals. 



I am well aware that this view of the relations of the Earls of Kil- 

 dare with the Irish will to many nowadays appear strange, and entirely 

 out of keeping with the historical character of the honoured race of 

 Geraldines, who, by their traditional patriotism, 



" as torrents moved the earth, 

 Have channelled deep old Ireland's heart by constancy and worth." 



But each age and each generation judges and must be judged according 

 to its own lights. It can hardly be credited that the enforcement of these 

 " Duties," whatever may have been their character judged by the rules 



* "Kilkenny Archaeological Journal," vol. iv., p. 110. 

 f Ibid., vol. iv., p. 114. 



