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This question has been disputed with as great zeal and even acrimony between the Scotch and Irish antiquaries, as if the honour of their respective countries were the most deeply concerned in the decision. We shall not enter into any detail on so uninteresting a subject; but shall propose our opinion in a few words. It appears more than probable, from the similitude of language and manners, that Britain either was originally peopled, or was subdued, by the migration of inhabitants from Gaul, and Ireland from Britain: The position of the several countries, is an additional reason that favours this conclusion. It appears also probable, that the migrations of that colony of Gauls or Celts, who peopled or subdued Ireland, was originally made from the north west parts of Britain; and this conjecture (if it do not merit a higher name) is founded both on the Irish language, which is a very different dialect from the Welsh and from the language anciently spoken in South Britain, and on the vicinity of Lancashire, Cumberland, Galloway and Argyleshire to that island. These events, as they passed long before the age of history and records, must be known by reasoning alone, which in this case seems to be pretty satisfactory: Caesar and Tacitus, not to mention a multitude of other Greek and Roman authors, were guided by like inferences. But besides these primitive facts, which lie in a very remote antiquity, it is a matter of positive and undoubted testimony, that the Roman province of Britain, during the time of the lower empire, was much infested by bands of robbers or pyrates, whom the provincial Britons called Scots or Scuits; a name which was probably used as a term of reproach, and which these banditti themselves did not acknowledge or assume. We may infer from two passages in Claudian, and from one in Orosius and another in Isidore, that the chief fear of these Scots was in Ireland. That some part of the Irish freebooters migrated back to the north-west parts of Britain, whence their ancestors had probably been derived in a more remote age is positively asserted by Bede, and implied in Gildas. I grant, that neither Bede nor Gildas are Caesars or Tacituses; but such as they are, they remain the sole testimony on the subject, and therefore must be relied on for want of better: Happily, the frivolousness of the question corresponds to the weakness of the authorities. Not to mention, that, if any part of the traditional history of a barbarous people can be relied on, it is the genealogy of nations, and even sometimes that of families. It is in vain to argue against these facts from the supposed warlike disposition of the Highlanders and unwarlike of the ancient Irish. Those arguments are still much weaker than the authorities. Nations change very quickly in these particulars. The Britons were unable to resist the Picts and Scots, and invited over the Saxons for their defence, who repelled those invaders: Yet the same Britons valiantly resisted for 150 years not only this victorious band of Saxons, but infinite numbers more, who poured in upon them from all quarters. Robert Bruce in 1322 made a peace, in which England, after many defeats, was constrained to acknowledge the independance of his country: Yet in no more distant period than ten years after, Scotland was totally subdued by a small handful of English, led by a few private noblemen. All history is full of such events. The Irish Scots, in the course of two or three centuries, might find time and opportunities sufficient to settle in North Britain, though we can neither assign the period nor causes of that revolution. Their barbarous manner of life rendered them much fitter than the Romans for subduing these mountaineers. And in a word, it is clear, from the language of the two countries, that the Highlanders and the Irish are the same people, and that the one are a colony from the other. We have positive evidence, which, though from neutral persons, is not perhaps the best that may be wished for, that the former, in the third or fourth century, sprang from the latter: We have no evidence at all that the latter sprang from the former. I shall add, that the name of Erse or Irish, given by the low-country Scots to the language of the Scotch Highlanders, is a certain proof of the traditional opinion, delivered from father to son, that the latter people came originally from Ireland.
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1066. January. HAROLD had so well prepared matters before the death of Edward, that he immediately stepped in to the vacant throne; and his accession was attended with as little opposition and disturbance, as if he had succeeded by the most undoubted hereditary title. The citizens of London were his zealous partizans: The bishops and clergy had adopted his cause: And all the powerful nobility, connected with him by alliance or friendship, willingly seconded his pretensions. The title of Edgar Atheling, was scarcely mentioned: Much less, the claim of the duke of Normandy: And Harold, assembling his partizans, received the crown from their hands, without waiting for the free deliberation of the states, or regularly submitting the question to their determination[53]. If any were averse to this measure, they were obliged to conceal their sentiments; and the new prince, taking a general silence for consent, and founding his title on the supposed suffrages of the people, which appeared unanimous, was, on the day immediately succeeding Edward's death, crowned and anointed King, by Aldred, archbishop of York. The whole nation seemed joyfully to acquiesce in his elevation.
Among that military and turbulent people, so averse to commerce and the arts, and so little enured to industry, justice was commonly very ill administered, and great oppression and violence seem to have prevailed. These disorders would be encreased by the exorbitant power of the aristocracy, and would, in their turn, contribute to encrease it. Men, not daring to rely on the guardianship of the laws, were obliged to devote themselves to the service of some chieftain, whose orders they followed even to the disturbance of the government or the injury of their fellow-citizens, and who afforded them in return protection from any insult or injustice by strangers. Hence we find, by the extracts which Dr. Brady has given us from Domesday, that almost all the inhabitants even of towns, had placed themselves under the clientship of some particular nobleman, whose patronage they purchased by annual payments, and whom they were obliged to consider as their sovereign, more than the king himself, or even the legislature[10]. A client, though a freeman, was supposed so much to belong to his patron, that his murderer was obliged by law to pay a fine to the latter, as a compensation for his loss; in like manner as he paid a fine to the master for the murder of his slave[11]. Men, who were of a more considerable rank, but not powerful enough, each to support himself by his own independant authority, entered into formal confederacies with each other, and composed a kind of separate community, which rendered itself formidable to all aggressors. Dr. Hickes has preserved a curious Saxon bond of this kind, which he calls a Sodalitium, and which contains many particulars characteristical of the manners and customs of the times[12]. All the associates are there said to be gentlemen of Cambridgeshire; and they swear before the holy reliques to observe their confederacy, and to be faithful to each other: They promise to bury any of the associates who dies, in whatever place he had appointed; to contribute to his funeral charges; and to attend at his interment; and whoever is wanting in this last duty, binds himself to pay a measure of honey. When any of the associates is in danger, and calls for the assistance of his fellows, they promise, besides flying to his succour, to give information to the sheriff; and if he be negligent in protecting the person exposed to danger, they engage to levy a fine of one pound upon him: If the president of the society himself be wanting in this particular, he binds himself to pay one pound; unless he has the reasonable excuse of sickness, or of duty to his superior. When any of the associates is murdered, they are to exact eight pounds from the murderer; and if he refuse to pay it, they are to prosecute him for the sum at their joint expence. If any of the associates, who happens to be poor, kill a man, the society are to contribute by a certain proportion to pay his fine. A mark a piece, if the fine be 700 shillings; less if the person killed be a clown or ceorle; the half of that sum, again, if he be a Welshman. But where any of the associates kills a man, wilfully and without provocation, he must himself pay the fine. If any of the associates kill any of his fellows, in a like criminal manner, besides paying the usual fine to the relations of the deceased, he must pay eight pounds to the society, or renounce the benefit of it: In which case they bind themselves, under the penalty of one pound, never to eat or drink with him, except in the presence of the king, bishop, or alderman. There are other regulations to protect themselves and their servants from all injuries, to revenge such as are committed, and to prevent their giving abusive language to each other; and the fine, which they engage to pay for this last offence, is a measure of honey.
When the usurpations, therefore, of the church had come to such maturity as to embolden her to attempt extorting the right of investitures from the temporal power, Europe, especially Italy and Germany, was thrown into the most violent convulsions, and the pope and the emperor waged implacable war on each other. Gregory dared to fulminate the sentence of excommunication against Henry and his adherents, to pronounce him rightfully deposed, to free his subjects from their oaths of allegiance; and, instead of shocking mankind by this gross encroachment on the civil authority, he found the stupid people ready to second his most exorbitant pretensions. Every minister, servant, or vassal of the emperor, who received any disgust, covered his rebellion under the pretence of principle; and even the mother of this monarch, forgetting all the ties of nature, was seduced to countenance the insolence of his enemies. Princes themselves, not attentive to the pernicious consequences of those papal claims, employed them for their present purposes: And the controversy, spreading into every city of Italy, engendered the parties of Guelf and Ghibbelin; the most durable and most inveterate factions that ever arose from the mixture of ambition and religious zeal. Besides numberless assassinations, tumults, and convulsions, to which they gave rise, it is computed that the quarrel occasioned no less than sixty battles in the reign of Henry IV. and eighteen in that of his successor, Henry V. when the claims of the sovereign pontiff finally prevailed[75].