Volume 2 — From The Reader. THE ANCIENT LAWS OF IRELAND.

Ancient Laws of Ireland. Vol. I. Printed for Her Majesty's Stationery Office. (London: Longman. Dublin: Thorn.)

This is a curious book, throwing some glimmerings of light upon a very remote and obscure period of Irish history. In 1852 a government commission, called the "Brehon Law Commission," was issued to the Lord Chancellor of Ireland, Lord Rosse, Dean Graves, Dr. Petrie, and others, appointing them to carry into effect the selection, transcription, and translation of certain documents in the Gaelic tongue containing portions of the ancient laws of Ireland, and the preparation of the same for publication. In pursuance of this, the commissioners employed Dr. O'Donovan and Professor O'Curry, two Gaelic scholars of high distinction, to transcribe and translate various law tracts in the Irish language in the library of Trinity College, Dublin, of the Royal Irish Academy, of the British Museum, and in the Bodleian Library at Oxford. The transcriptions occupy more than 5,000 manuscript pages, including all the law tracts which it was thought necessary to publish, and have nearly all been translated; but the two chosen scholars did not live to complete and revise their translations. The portion now published was prepared for the press by W. Neilson, Hancock, LL.D., first in conjunction with Dr. O'Donovan, and, after his death, with the Rev. Mr. O'Mahony, professor of Irish in the university of Dublin. It is a volume of some 300 pages, the Irish on one page and the translation opposite, containing the first part of the Senchus Mor (we are not told how much is to follow), treating of the law of distress or distraint, with an Irish introduction, and various Irish glosses and commentaries on the text.

The title Senchus Mor (pronounced "Shanchus Môr") for which seven or {130} eight different derivations are suggested, appears to mean "the great old laws," or "the great old decisions." The chief manuscripts of it which are known to exist are three in Trinity College, Dublin, and one in the Harleian collection in the British Museum, and the earliest of these is assigned to circa A.D. 1300. But quotations from the Senchus Mor are found in "Cormac's Glossary," the greater part of which was probably composed in the ninth or tenth century, and the date of the original compilation is put by good judges, on various evidence, at A.D. 438 to 441. It is, in short, a codification and revision, under the direction of St. Patrick, of the judgments of the pagan Brehons. Three kings, three poets, and three Christian missionaries (of whom Patrick was one) were combined in this work, and the code then established remained the national law of Ireland for nearly twelve centuries. The pagan laws embodied in this revised code were in force during a period of unknown antiquity, prior to the introduction of Christianity to the island.

"The Senchus Mor has been selected by the commissioners for early publication as being one of the oldest and one of the most important portions of the ancient laws of Ireland which have been preserved. It exhibits the remarkable modification which these laws of pagan origin underwent, in the fifth century, on the conversion of the Irish to Christianity. "This modification was ascribed so entirely to the influence of St. Patrick that the Senchus Mor is described as having been called in after times 'Cain Patraic,' or Patrick's law. "The Senchus Mor was so much revered, that the Irish judges, called Brehons, were not authorized to abrogate anything contained in it. "The original text, of high antiquity, has been made the subject of glosses and commentaries of more recent date; and the Senchus Mor would appear to have maintained its authority among the native Irish until the beginning of the seventeenth century, or for a period of 1,200 years. "The English law, introduced by King Henry the Second in the twelfth century, for many years scarcely prevailed beyond the narrow limits of the English pale (comprising the present counties of Louth, Meath, Westmeath, Kildare, Dublin, and Wicklow). Throughout the rest of Ireland the Brehons still administered their ancient laws amongst the native Irish, who were practically excluded from the privileges of the English law. The Anglo-Irish, too, adopted the Irish laws to such an extent that efforts were made to prevent their doing so by enactments first passed at the parliament of Kilkenny in the fortieth year of King Edward III. (1367), and subsequently renewed by Stat. Henry VII., c. 8, in 1495. So late as the twenty-fourth and twenty-fifth years of the reign of King Henry VIII. (1534) George Cromer, archbishop of Armagh and primate of Ireland, obtained a formal pardon for having used the Brehon laws. In the reign of Queen Mary, 1554, the Earl of Kildare obtained an eric of 340 cows for the death of his foster-brother, Robert Nugent, under the Brehon law. "The authority of the Brehon laws continued until the power of the Irish chieftains was finally broken in the reign of Queen Elizabeth, and all the Irish were received into the king's immediate protection by the proclamation of James I. This proclamation, followed as it was by the complete division of Ireland into counties, and the administration of the English laws throughout the entire country, terminated at once the necessity for, and the authority of, the ancient Irish laws. "The wars of Cromwell, the policy pursued by King Charles II. at the restoration, and the results of the revolution of 1688, prevented any revival of the Irish laws; and before the end of the seventeenth century the whole race of judges (Brehons) and professors (Ollamhs) of the Irish laws appears to have become extinct."

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Portions of the text of the Senchus Mor, as we now have it, are held by Gaelic scholars to be in the language of the fifth century, in what was called the Bérla Feini dialect; other portions translated from that ancient form into Gaelic of the thirteenth century. Various ancient Irish glosses and commentaries accompany the text, and also an introduction of high antiquity, giving an account of the origin of the Senchus Mor.

"Patrick came to Erin to baptize and to disseminate religion among the Gaeidhil—i.e., in the ninth year of, the reign of Theodosius, and in the fourth year of the reign of Laeghairè [pronounced Layorie or Layrie], son of Niall; king of Erin." The combination of the Roman pagan laws with Christian doctrine in the Theodosian code received imperial sanction in A.D. 438, and was at once adopted both in the eastern and western empires. St. Patrick, Dr. Hancock remarks, a Roman citizen, a native of a Roman province, and an eminent Christian missionary, would be certain to obtain early intelligence of the great reform of the laws of the empire and of the great triumph of the Christian church. Having now been six years in Erin, and established his influence there, he attempted successfully a similar reform in that remote island, and the composition of the Senchus Mor was accordingly commenced in that same year, 438, and completed in about four years. "In ancient Irish books the name of the place where they were composed is usually mentioned. The introduction to the Senchus Mor contains this information, but is very peculiar in representing the book as having been composed at different places in different seasons of the year: 'It was Teamhair in the summer and in the autumn, on account of its cleanness and pleasantness during these seasons; and Rath-guthaird was the place during the winter and the spring, on account of the nearness of its fire-wood and water, and on account of its warmth in the time of winter's cold.' "Teamhair, now Tara, was, at the time the Senchus Mor was composed, the residence of King Laeghairè, the monarch of Erin, and of his chief poet Dubhthach Mac ua Lugair, who took such a leading part in the work. "Teamhair ceased to be the residence of the kings of Ireland after the death of King Dermot, in A.D. 565, about a century and a quarter after the Senchus Mor was composed. Remains are, after the lapse of nearly 1,400 years, to be still found, the most remarkable of their kind in Ireland, which attest the ancient importance of the place."

In the introduction a curious account is given of St. Patrick's manner of dealing with the existing "professors of the sciences," and his admission of the claim of inspiration on behalf of his pagan predecessors.

"Patrick requested of the men of Erin to come to one place to hold a conference with him. When they came to the conference the gospel of Christ was preached to them all; and when the men of Erin heard of the killing of the living and the resuscitation of the dead, and all the power of Patrick since his arrival in Erin, and when they saw Laeghairè with his Druids overcome by the great signs and miracles wrought in the presence of the men in Erin, they bowed down, in obedience to the will of God and Patrick. "Then Laeghairè said: 'It is necessary for you, O men of Erin, that every other law should be settled and arranged by us, as well as this.' 'It is better to do so,' said Patrick. It was then that all the professors of the sciences in Erin were assembled and each of them exhibited his art before Patrick, in the presence of every chief in Erin. "It was then that Dubhthach was ordered to exhibit the judgments and all the poetry of Erin, and every law which prevailed among the men of Erin, through the law of nature, and {132} the law of the seers, and in the judgments of the island of Erin, and in the poets. "They had foretold that the bright word of blessing would come—i.e., the law of the letter; for it was the Holy Spirit that spoke and prophesied through the mouths of the just men who were formerly in the island of Erin, as he had prophesied through the mouths of the chief prophets and noble fathers in the patriarchal law; for the law of nature had prevailed where the written law did not reach. "Now the judgments of true nature which the Holy Ghost had spoken through the mouths of the Brehons and just poets of the men of Erin, from the first occupation of this island down to the reception of the faith, were all exhibited by Dubhthach to Patrick. What did not clash with the Word of God in the written law and in the New Testament, and with the consciences of the believers, was confirmed in the laws of the Brehons by Patrick and by the ecclesiastics and the chieftains of Erin; for the law of nature had been quite right, except the faith and its obligations, and the harmony of the church and the people. And this is the Senchus Mor. "Nine persons were appointed to arrange this book—viz., Patrick, and Benen, and Cairnech, three bishops; Laeghairè, and Corc, and Dairè, three kings; Rosa—i.e., Mac-Trechim, and Dubhthach—i.e., a doctor of the Bérla Feini, and Fergus—i.e., a poet. "Nofis, therefore, is the name of this book which they arranged—i.e., the knowledge of nine persons—and we have the proof of this above."

And in one of the ancient commentaries on the introduction we are told:

"Before the coming of Patrick there had been remarkable revelations. When the Brehons deviated from the truth of nature, there appeared blotches upon their cheeks; as first of all on the right cheek of Sen Mac Aige, whenever he pronounced a false judgment, but they disappeared again when he had passed a true judgment, etc. "Connla never passed a false judgment, through the grace of the Holy Ghost, which was upon him. "Sencha Mac Col Cluin was not wont to pass judgment until he had pondered upon it in his breast the night before. When Fachtna, his son, had passed a false judgment, if, in the time of fruit, all the fruit of the territory in which it happened fell off in one night, etc.; if in time of milk, the cows refused their calves; but if he passed a true judgment the fruit was perfect on the trees; hence he received the name of Fachtna Tulbrethach. "Sencha Mac Aililla never pronounced a false judgment without getting three permanent blotches on his face for each judgment. Fitliel had the truth of nature, so that he pronounced no false judgment. Morann never pronounced a judgment without having a chain around his neck. 'When he pronounced a false judgment the chain tightened around his neck. If he passed a true one it expanded down upon him."

Corc and Dairè were territorial chieftains, or minor kings. Laeghairè, son of Niall of the Nine Hostages, was monarch of Erin; his reign commenced A.D. 428, four years before the arrival of Patrick, and ended with his life in 458, one year after the foundation of Armagh by that great Christian missionary. Laeghairè is usually called the first Christian king of Ireland, but it seems more likely from the evidence we have that he himself did not become a Christian, although he acknowledged the merit of St. Patrick, and gave him permission to preach and baptize, on condition that the peace of the kingdom should not be disturbed. Travellers in our time, by mail-steamers from Holyhead and the Island of Druids, may some of them not know that Kingstown is a name given, but a few years ago, to "Dunleary"—that is, the fortress of King Laeghairè, when George IV., by graciously landing there, supplanted the {133} memory of the ancient king. Dubhthach, Fergus, and Rossa, or Rosa, were eminent poets and learned men; they exhibited "from memory what their predecessors had sung"—for much of the ancient law was preserved in the form of verse, and Dubhthach, "royal poet of Erin," at the compilation of the Senchus Mor, put a thread of poetry round it for Patrick. Many parts of the work as we have it are in verse.

The subject of that part of the Senchus Mor which is contained in the volume before us is the "Law of Distress"—that is, the legal rules under which distraint was to be made of persons, cattle, or goods, in a great variety of cases. To a general reader, the legal verbosity and trivial repetitions make the book hard to read; but imbedded in it, so to speak, are many curious little fragments of a very remote and obscure social system, and some of these we shall proceed to set before our readers.

Fines in cases of death, bodily hurt, insult, or injury of whatever kind were arranged according to the dignity of the parties concerned. The "honor-price" is the same for a king, a bishop, a chief law-professor, and a chief poet who can compose a quatrain extemporaneously.

At a feast, "his own proper kind of food" is assigned to persons of different rank—as, for example, the haunch for the king, bishop, and literary doctor; a leg for the young chief; a steak for the queen; the heads for the charioteers; and a croichet [unknown part] for "a king opposed in his government."

Should a person have property, it shall not increase his honor-price, unless he do good with it.

A king with a personal blemish was allowed with difficulty, if at all.

In case of distress by or on a person of distinction, fasting was a necessary legal form—the creditor had to "fast upon" his debtor until a pledge was given for the claim. Something very similar to this curious process is found in the ancient Hindoo laws, and appears to be practised in India to the present day, under the name of "dherna," According to Sir William Jones, the creditor sat at the debtor's door, abstaining from food, till, for fear of becoming accountable for the man's death, the debtor paid him. As to the Irish mode of "fasting upon" a debtor of the chieftain grade, exact particulars are not given; but it would seem that on presentation of the claim of distraint at the residence of the debtor the "fasting" began, and if the debtor did not pay or give a pledge, but allowed his creditor to go on fasting (it is not said for how long), he became liable to double the debt, and other penalties.

If one of inferior grade comes to sue one of the chieftain grade, he must be accompanied, on his part, by one of the chieftain grade.

Among articles enumerated as coming under various rather puzzling rules and exemptions in cases of distraint, we find, weapons for battle; a racehorse; a harp-comb, and other requisites for music; toys for the children—viz., "hurlets, balls, and hoops," and also "little dogs and cats;" the "eight parts which constitute a mill;" the fork and cauldron; the kneading-trough and sieve; the bed-furniture— i.e., plaids and bolsters; the reflector or mirror; the chess-board; the seven valuable articles of the house of the chieftain—viz., "cauldron, vat, goblet, mug, reins, horse-bridle, and pin;" the cattle-bells, the griddle, the "branch-light of each person's house;" the lap-dog of a queen, the watch-dog, the hunting hound; implements of weaving and of spinning.

Fines and penalties were provided, among other cases, for withholding the food-tribute from a king or chief; for the deficiency of a feast; for neglecting the due clearing of roads in war, or in winter, or at time of a fair; for neglecting the due preparation of a fair-green; for neglecting any persons or things cast ashore by the sea (in this case the "territory" was liable); {134} for neglecting "the common net of the tribe;" for breaking the laws of rivers and fishing; for neglecting the due maintenance and medical treatment of the sick; for not helping in the erection of the common fort of the tribe; for not blessing a completed work. This last is a curious offence. "It was customary," we read in a note to p. 132, "for workmen, on completing any work, and delivering it to their employer, to give it their blessing. This was the 'abarta,' and if this blessing was omitted, the workman was subject to a fine, or loss of a portion of his fee, equal to a seventh part of his allowance of food while employed—the food to which a workman was entitled being settled by the law in proportion to the rank of the art or trade which he professed. And it would appear that the first person who saw it finished and neglected the blessing was also fined." To the present day, among Irish peasants, it is thought a marked omission if, in transferring or praising, or even taking notice of, any possession, especially if it be a living creature, one neglects to say "God bless it!" or "I wish you luck with it!" or some such good word; and where you see any work going on, it is right to say, "God bless the work!"

Distress was levied on defaulters for share in building "the common bridge of the tribe;" for beef to nourish the chief "during the time that he is making laws;" for the "cow from every tribe," sent on demand, "when the king is on the frontier of a territory with a host." "Now, the custom is that this cow is taken from some one man of them for the whole number. They make good that cow to him only." Also for the victualling of a fort; for guarding and feeding captives; for the maintenance of a fool, or of a madwoman, or of an aged person, or of a child. "Five cows is the fine for neglecting to provide for the maintenance of the fool who has land, and power of amusing; and his having these is the cause of the smallness of the fine. Ten cows is the fine for neglecting to provide for the maintenance of every madwoman; and the reason that the fine is greater than that of the fool is, for the madwoman is not a minstrel, and has not land. If the fool has not land, or has not power of amusing, the fine for neglecting to provide for his maintenance is equal to that of the madwoman who can do no work." "A 'cumhal' of eight cows is the fine for neglecting to maintain any family senior who has land after his eighty-eighth year. As to each man of unknown age after his ninetieth year, his land shall pass from the family who have not maintained him to an extern family who have maintained him. As to every senior of a family and man of unknown age without land, a 'cumhal' of five 'seds' is the fine for not maintaining him."

There are fines for evil words, false reports, slander, nicknames, and satire. The poets were supposed to have the power of turning a man's hair gray by force of satire, or even of killing him. There are also fines for "failure of hosting," "the head of every family of the lay grades is to go into the battle;" "every one who has a shield to shelter him, and who is fit for battle, is to go upon the plundering excursion." "Three services of attack" are enumerated—on pirates, aggressors, and wolves; and "three services of defence"—to secure "promontories [hills?], lonely passes, and boundaries."

"Distress of three days for using thy horse, thy boat, thy basket, thy cart, thy chariot, for wear of thy vessel, thy vat, thy great cauldron, thy cauldron; for 'dire'-fine in respect of thy house, for stripping thy herb-garden, for stealing thy pigs, thy sheep; for wearing down thy hatchet, thy wood-axe; for consuming the things cast upon thy beach by the sea, for injuring thy meeting-hill, for digging thy silver mine, for robbing thy bee-hive, for the fury of thy fire, for the crop of thy sea marsh, for the 'dire'-fine in respect to thy corn-rick, thy turf, thy ripe {135} corn, thy ferns, thy furze, thy rushes, if without permission; for slighting thy law, for slighting thy inter-territorial law, for enforcing thy 'Urradhus' law; in the case of good fosterage, in the case of bad fosterage, the fosterage fee in the case over fosterage for cradle clothes; for recovering the dues of the common tillage land, for recovering the dues of joint fosterage, for recovering the dues of lawful relationship, for unlawful tying, over-fettering of horses, breaking a fence to let cows into the grass; breaking it before calves to let them to the cows. The restitution of the milk is in one day."

There are also fines for quarrelling in a fort; for disturbing the meetinghill; for stripping the slain; for refusing a woman "the longed-for morsel;" for scaring the timid, with a mask or otherwise; for causing a person to blush; for carrying a boy on your back into a house so as to strike his head; for love-charms and "bed-witchcraft;" for neglect in marriage; for "setting the charmed morsel for a dog—i.e., to prove it;" for failure as to "the safety of a hostage;" for "withholding his fees from the Brehon."

For mutilation and for murder, the "eric-fine and honor-price" varied according to circumstances.

Distress of five days' stay is "for not erecting the tomb of thy chief;" "for false boasting of a dead woman;" for satirizing her after her death; for causing to wither any kind of tree; for the eric-fine for an oath of secret murder.

In certain cases, persons were exempted from distress for a longer or shorter period. For example: "A man upon whom the test of the cauldron is enjoined—i.e., to go to a testing cauldron—and he shall have exemption until he returns;" "a man whose wife is in labor;" "a man who collects the food-tribute of a chief."

The bodies and bones of the dead are protected by penalties. There is a fixed fine and "honor-price" for carrying away the remains of a bishop out of his tomb (as relics?); also breaking bones in a churchyard, "to take the marrow out of them for sorcerers." "The bone of a king drowned in the stream, or of a hermit condemned to the sea and the wind," belongs to the people of the land where it happens to be cast, until the tribe of the deceased pay for its redemption.

There are penalties for "lookers-on" at an ill deed; and these are divided into three classes: "a looker-on of full fine" is one who "instigates, and accompanies, and escorts, and exults;" of half fine, one who does not instigate, but does the other acts; of quarter-fine, one who "accompanies only, and does not prohibit, and does not save." Clerics, women, and boys are exempt.

One is accountable (in different degrees) for one's own crime, the crime of a near kinsman, the crime of a middle kinsman, and the crime of a kinsman in general.

"There are four who have an interest in every one who sues or is sued"—the tribe of the father, the tribe of the mother, the chief, the church; also the tribe of the foster-father.

"Every tribe is liable after the absconding of a member of it, after warning, after notice, and after lawful waiting."

The notes to this volume are few and unimportant, and further elucidations on many points are much to be desired. The printing of the original Gaelic along with the translation must add greatly to the cost of the work, but the value of the text to philologers may perhaps make this worth while. Only we hope that this laudable and interesting undertaking, of the publication of the ancient laws and institutes of Ireland, will not, like other Irish schemes that could be named, make a costly and elaborate beginning, and then, exhausting its means in the outset, break down altogether. This first volume gives us a strong desire to see the proposed plan carried into {136} completion without undue delay. It would appear that all the heavy part of the literary work of it is already done.