Redemption - Leon Uris [45]
“Common Law,” Barwell fumed, “was not in place nor was it recognized as the law of the land until centuries after the annexation of Ireland was a fact. I don’t give a hoot, Mr. Fitzpatrick, if the conquest of a neighbor is even arguable. The joining of England and Ireland was accomplished prior to the acceptance of Common Law as the law of the land…period.”
“But, m’lord,” Desmond answered, as though he were watching Atty Moore from eyes in the back of his head, “the conquest of Ireland was illegal prior to Common Law.”
“Nonsense,” the judge retorted, aggravated that he had been baited into the discussion. “Ireland was ceded to England by the Vatican. Your Vatican.”
“Indeed, m’lord,” Desmond shot back before Barwell could close the subject, “history records that Nicholas Breakspear, the son of a priest, went on to become the only English pope in history. He took the name of Hadrian IV and gave the land of Ireland to Richard II in 1159 for the purpose of amassing kingdoms for his sons.”
“I don’t care who the devil gave Ireland to England, and it could have been to pay his gambling debts for all I’m concerned. A papal bull issued by Hadrian, whether he was English or Mongolian, legitimizes our presence here centuries before the adoption of Common Law.”
“Exactly my point, m’lord.”
“What point?”
“Hadrian could not give Ireland to England because he did not own it.”
“I appreciate your attempt to revise history, Mr. Fitzpatrick, but we are at the point of wasting the court’s time and patience. Popes have been giving lands away since time immemorial and what’s done is done.
“I agree, m’lord,” Desmond answered quickly and tenaciously. “But it has been proved…I repeat, proved…that all land grants during the reign of Hadrian IV, including granting Ireland, were forgeries. These grants have always been contested, and the Vatican itself—the Vatican—had declared these grants as forgeries and, therefore, invalid. May I go on, m’lord?” And he did so without waiting for an answer. “In 1440 the papal aide Lorenzo Valla proved, beyond doubt, that the document granting Ireland to England was a forgery.”
The judge laughed. “Now just where did you get this stunning bit of information, Mr. Fitzpatrick? Perhaps an editorial by Griffith in the United Irishman, or maybe in some hidden vault under St. Peter’s Cathedral?”
“No, m’lord. In the London Public Library. So you see, one can legally conclude that England never owned Ireland and conquered it under a forged document. Therefore, all laws passed against the Irish, as well as all attempts to force a union with the Irish, are illegal.”
“Historical precedent, our centuries of presence here, outweighs any argument you have set forth. You are free to believe your fantasy, but not in my courtroom.”
“But, m’lord, once science solves a mystery, an ancient mystery, it is no longer an ancient mystery but a new truth.”
“Religion is a subjective force, not scientific law. It cannot be revised,” Barwell concluded. “All right, Mr. Fitzpatrick, your arguments fail to present anything compelling regarding the case before us. The prisoner murdered one of Her Majesty’s revenue collectors. In your petition you agree that the prisoner, one Mr. Fogarty, is indeed guilty of the aforementioned crime.”
“Yes, m’lord. Mr. Fogarty has refused to wear prison clothing or adhere to prison regulations imposed on common criminals. He is a soldier and, thus, a prisoner of war. Mr. Fogarty bore arms against your revenue collector because he does not recognize your rule of his land and he bore them as a soldier of his own country against yours and is entitled—”
“That will be all, Mr. Fitzpatrick.”
“Sir, I wish a ruling on the principle of Victor’s Validation—that is, you have no rights in Ireland except those imposed upon us through use of arms.”
“Bravo!” Atty shouted from the rear.
“Remove that personage,” the judge said without looking up. The gavel banged. “Mr. Fogarty’s petition is