Archbishop McGettigan and the Glenswilly Decree

Daniel McGettigan was born at Drumdutton, in the 
parish of Mevagh, not far from Doe Castle, in November, 
1814. Having completed his studies in Maynooth College, 
he entered the priesthood, when for several years in various 
parts of the Diocese ofRaphoe, he actively fulfilled his 
duties as a pastor among the people. 

On the 18th May, 1856, he was consecrated Coadjutor 
to the Bishop of Raphoe, Dr. Patrick McGettigan, whom 
he succeeded on the 1st May, 1861, and was translated to 
the See of Armagh as Archbishop, and Primate of All 
Ireland, llth March, 1870. 

During Dr. McGettigan's administration in Letterkenny 
an incident occurred that marked one of his many sterling 
qualities that distinguishing quality of the Irish priest- 
hood, so difficult of being understood by those who do not 
recieve their ministrations, but which appears so natural 
and intelligible to the mind of an Irish Catholic namely 
the non-betrayal of a confidence. 

It appears that he was consulted confidentially in a 
case of restitution, in connection with a form of law known 
in Tirconnell as a " Glenswilly Decree"; which is an 

1 Dublin, 1880. 

THE MOST REV. DANIEL MCGETTIGAN. 227 

instrument of power that runs outside the limits of an 
English Act of Parliament. Whether this law was framed 
originally at Tara when St. Adamnan the patron of 
Raphoe procured (about A.D. 700) the assembling of 
the Convocation of States, or whether it is recorded in the 
Seanchas Mor, or is merely a Nos tuaithe or tribal law, we 
are unable to say. Yet the law authorizing the issue of a 
Glenswilly Decree had not that barbarous origin that 
some persons believe, who can see nothing good in any 
Irish custom. 

There is a law tract in the Leabhar Breac, 1 or speckled 
book, entitled the Cain Domlmaigh, or Law of Sunday, 
that would satisfy the strictest of Sabbatarians. This law 
we are told was first brought from Rome by St. Connell of 
Iniskeel, who died towards the end of the sixth century. 2 
Tirconnell had been in contact with the most advanced 
centres of civilization, long previous to the advent of the 
Anglo-Saxon into Ireland. 

The mode of enacting these tribal or local laws, by the 
chief men of the Tuath were as carefully discussed as 
the framing of bye-laws are by modern societies where 
no act of injustice is done under its sanction it matters 
little by what popular title the law is recognised. The 
remains of ancient laws are found to be almost universally 
respected by the people of Tirconnell and Inis-Owen ; as 
instanced in the custom relating to the property of a 
deceased wife Where the husband has received a dowry 
in kind with his wife, and the latter dying without issue 

1 Manuscript in the R.I. A. 

2 Manners and Customs of the Ancient Irish by E. O'Curry, vol. ii. 
p, 33 (London, etc, 1873). 

228 INIS-OWEN AND TIRCONNELL. 

shortly after the marriage, then the nearest relatives of the 
deceased wife are given back the goods and chattels with 
which at the time of the marriage she was endowed. 
So it has been with the issuing of Glenswilly decrees ; 
when the traditions of local laws promulgated long 
anterior to the introduction of an English sheriff into Done- 
gal, held a place in equity with the people. In the 
chapters on " Popular assemblies and Legislation," in the 
learned introduction to O'Curry's Manners and Customs, 
of the Ancient Irish, the mode of procedure, manner of 
the enactment of both general and tribal laws are there 
explained. ' 

Glenswilly had been famous for the extensive manufac- 
ture in former days of what is known as poteen whiskey. 

This manufacture was carried on without permission 
from the Inland Revenue collectors. And it sometimes 
happened that dishonest or tricky purchasers of the con- 
trabrand acticle failed to pay for the goods they received 
taking advantage of their knowledge that no prosecu- 
tion could be sustained by the vendor. 

When a case of this kind took place, which seldom 
occurred, a tribal council was held by the distillers, after 
hearing all the particulars, they sometimes issued a judicial 
order, or " Glenswilly Decree", directed against the 
defaulting purchaser. 

This decree authorized the seizure of a horse, or other 
animal, and the placing of it in safety until the debt had 
been fairly paid. 

So soon as the delinquent paid his contracted debt, the 
horse or other animal was returned to its owner. 

1 Introduction, Manners and Customs, by W. K. Sullivan, vol 1. p cclii. 

THE MOST KEV. DANIEL MCGETTIGAN. 229 

Dr. McGettigan having been consulted confidentially in 
a case of this kind, restitution was made to the proper party 
by the advice of the priest. It ought to be stated that the 
information given to Dr. McGettigan was not in the con- 
fessional, but in his capacity as a confidential adviser. 
The affair having been brought under the notice of the 
magistrates of the district, the upholders of the law summoned 
Dr. McGettigan to give evidence. When the case was 
called, he refused to turn informer, stating that he looked 
upon the confidential nature of the communication as a 
thing too sacred, and were it not that the party when asking 
advice, believed their story would not be retold, it would not 
have been communicated. The magistrates issued a 
warrant against Dr. McGettigan, and had him lodged in 
jail for " compounding a felony". The priest would not 
betray the confidence of his flock ; and in .this knowledge 
consists the mainspring of that bond of union that exists 
between priests and people in Ireland. 1 

Dr. McGettigan was among the Irish prelates who were 
present at the Vatican Council. His great characteristics 
were his devotion to his religious duties as a priest and 
bishop, and his love for the people of Donegal. The 
affection with which Dr. McGettigan regarded his native 
county was very intense. Even when called to assume 
the cares and duties of the Primacy of All Ireland, and 
where he consequently had to form new ties, his love for 
Donegal did not lessen. On the occasion of the con- 
secration of the church built by the late William A. Ross, 
near Dunlewey Lake, under the shadow of storm -stained 
Erigle, when replying to the toast of his health proposed 
1 The Monitor, Dublin, August 28th, 1875. 

230 INIS-OWEN AND TIRCONNELL. 

after the ceremony, Dr. McGettigan speaking of his 
affection for Donegal we heard Mm say as the great tears 
trickled fa down his handsome face " why I love even the 
very sparrows of my dear Donegal". 

His appearance as a consecrating prelate was strikingly 
imposing, combining as it did the humility of a child, with 
the dignity of a Pontiff.

from: Doherty, William James. Inis-Owen and Tirconnell. Being some account of antiquities and writers of the County of Donegal, Patrick Traynor, Dublin, 1895 (retrieved 25/04/2013)