Castle Rackrent/Glossary/24
GLOSSARY 24. AND SO SHOULD CUT HIM OFF FOR EVER BY LEVYING A FINE,
AND SUFFERING A RECOVERY TO DOCK THE ENTAIL.—The English reader may perhaps be surprised at the extent of Thady's legal knowledge, and at the fluency with which he pours forth law-terms; but almost every poor man in Ireland, be he farmer, weaver, shopkeeper, ox steward, is, besides his other occupations, occasionally a lawyer. The nature of processes, ejectments, custodiams, injunctions, replevins, etc., is perfectly known to them, and the terms as familiar to them as to any attorney. They all love law. It is a kind of lottery, in which every man, staking his own wit or cunning against his neighbour's property, feels that he has little to lose, and much to gain.
'I'll have the law of you, so I will!' is the saying of an Englishman who expects justice. 'I'll have you before his honour,' is the threat of an Irishman who hopes for partiality. Miserable is the life of a justice of the peace in Ireland the day after a fair, especially if he resides near a small town. The multitude of the KILT (KILT does not mean KILLED, but hurt) and wounded who come before his honour with black eyes or bloody heads is astonishing: but more astonishing is the number of those who, though they are scarcely able by daily labour to procure daily food, will nevertheless, without the least reluctance, waste six or seven hours of the day lounging in the yard or court of a justice of the peace, waiting to make some complaint about—nothing. It is impossible to convince them that TIME IS MONEY. They do not set any value upon their own time, and they think that others estimate theirs at less than nothing. Hence they make no scruple of telling a justice of the peace a story of an hour long about a tester (sixpence); and if he grows impatient, they attribute it to some secret prejudice which he entertains against them.
Their method is to get a story completely by heart, and to tell it, as they call it, OUT OF THE FACE, that is, from the beginning to the end, without interruption.
'Well, my good friend, I have seen you lounging about these three hours in the yard; what is your business?'
'Please your honour, it is what I want to speak one word to your honour.'
'Speak then, but be quick. What is the matter?'
'The matter, please your honour, is nothing at-all-at-all, only just about the grazing of a horse, please your honour, that this man here sold me at the fair of Gurtishannon last Shrove fair, which lay down three times with myself, please your honour, and KILT me; not to be telling your honour of how, no later back than yesterday night, he lay down in the house there within, and all the childer standing round, and it was God's mercy he did not fall a-top of them, or into the fire to burn himself. So please your honour, to-day I took him back to this man, which owned him, and after a great deal to do, I got the mare again I SWOPPED (EXCHANGED) him for; but he won't pay the grazing of the horse for the time I had him, though he promised to pay the grazing in case the horse didn't answer; and he never did a day's work, good or bad, please your honour, all the time he was with me, and I had the doctor to him five times anyhow. And so, please your honour, it is what I expect your honour will stand my friend, for I'd sooner come to your honour for justice than to any other in all Ireland. And so I brought him here before your honour, and expect your honour will make him pay me the grazing, or tell me, can I process him for it at the next assizes, please your honour?'
The defendant now turning a quid of tobacco with his tongue into some secret cavern in his mouth, begins his defence with—
'Please your honour, under favour, and saving your honour's presence, there's not a word of truth in all this man has been saying from beginning to end, upon my conscience, and I wouldn't for the value of the horse itself, grazing and all, be after telling your honour a lie. For, please your honour, I have a dependence upon your honour that you'll do me justice, and not be listening to him or the like of him. Please your honour, it's what he has brought me before your honour, because he had a spite against me about some oats I sold your honour, which he was jealous of, and a shawl his wife got at my shister's shop there without, and never paid for; so I offered to set the shawl against the grazing, and give him a receipt in full of all demands, but he wouldn't out of spite, please your honour; so he brought me before your honour, expecting your honour was mad with me for cutting down the tree in the horse park, which was none of my doing, please your honour—ill-luck to them that went and belied me to your honour behind my back! So if your honour is pleasing, I'll tell you the whole truth about the horse that he swopped against my mare out of the face. Last Shrove fair I met this man, Jemmy Duffy, please your honour, just at the corner of the road, where the bridge is broken down, that your honour is to have the presentment for this year—long life to you for it! And he was at that time coming from the fair of Gurtishannon, and I the same way. "How are you, Jemmy?" says I. "Very well, I thank ye kindly, Bryan," says he; "shall we turn back to Paddy Salmon's and take a naggin of whisky to our better acquaintance?" "I don't care if I did, Jemmy," says I; "only it is what I can't take the whisky, because I'm under an oath against it for a month." Ever since, please your honour, the day your honour met me on the road, and observed to me I could hardly stand, I had taken so much; though upon my conscience your honour wronged me greatly that same time—ill-luck to them that belied me behind my back to your honour! Well, please your honour, as I was telling you, as he was taking the whisky, and we talking of one thing or t'other, he makes me an offer to swop his mare that he couldn't sell at the fair of Gurtishannon, because nobody would be troubled with the beast, please your honour, against my horse, and to oblige him I took the mare—sorrow take her! and him along with her! She kicked me a new car, that was worth three pounds ten, to tatters the first time I ever put her into it, and I expect your honour will make him pay me the price of the car, anyhow, before I pay the grazing, which I've no right to pay at-all-at-all, only to oblige him. But I leave it all to your honour; and the whole grazing he ought to be charging for the beast is but two and eightpence halfpenny, anyhow, please your honour. So I'll abide by what your honour says, good or bad. I'll leave it all to your honour.
I'll leave IT all to your honour—literally means, I'll leave all the trouble to your honour.
The Editor knew a justice of the peace in Ireland who had such a dread of HAVING IT ALL LEFT TO HIS HONOUR, that he frequently gave the complainants the sum about which they were disputing, to make peace between them, and to get rid of the trouble of hearing their stories OUT OF THE FACE. But he was soon cured of this method of buying off disputes, by the increasing multitude of those who, out of pure regard to his honour, came 'to get justice from him, because they would sooner come before him than before any man in all Ireland.'