A SHORT HISTORY

OF THE

KINGDOM OF IRELAND.

CHAPTER I.

CONDITION OF THE EARLY IRISH.

THE earliest colonization of Ireland, like that of most other countries, is wrapt in a cloud of myth. Ancient legends tell us of immigrations of "Nemedians,” “Firbolgs" and "Tuath da Danaan;" of a niece of Noah, and a near descendant of Japhet. But all that can be gathered from such mention as is made of the island by ancient writers, from the etymology of local names, and from antiquarian research, enables us to affirm that Ireland was originally inhabited by a people of Turanian origin, which gave way before parties of immigrant Celts from Western Europe. The latter passed over partly from Britain and partly from the shores of Spain, in the population of which locality there was a considerable Phoenician element.

This Celtic stock was from time to time supplemented by the arrival of more Celts, and subsequentlyby the incursion of a Teutonic people, the "Scoti," who appear to have acquired the dominion of the island, but, while retaining the mastery, to have been eventually absorbed and assimilated by the more numerous native population.

Society was based on the tribal system. Each tribe, or clan, or, as the Irish called it, "sept," consisted of a number of families, bearing the same name as the original founder of the tribe. The head of each family was autocratic, but owed allegiance to the chief of the tribe. And the chief of the tribe acknowledged the overlordship of a superior chieftain, to whom he paid a tribute. In some cases a group of tribes accepted as their chieftain the head of what was believed to be the primary tribe; in others they formed a confederacy, and chose one of the tribe chiefs to be their head.

The tribes had each their respective territory, part of which was enjoyed in common, as common tillage, meadow, wood, or pasture land; part was occupied by the dwellings of the members of the tribe, with their curtilages; part was devoted to the use of the chief for the time being; and part was occupied by separate families of the noble class, who had contrived to appropriate a portion of the public lands. The sovereign chieftain held his own royal demesne lands, carved out of the territories of the various tribes which formed the group or confederacy. The chiefship of the tribe, or the chieftainship of the group of tribes, was elective; and during

the lifetime of each such chief or chieftain, his successor, called the "Tanist," was chosen by the tribesmen. The Tanist was always taken from the same family as the chief; and was the most serviceable member of the family for the time being that could be found, perhaps the son, perhaps the brother, or perhaps some one less near in blood, according to his age and capacity. The other officers of the tribe were the Druid, the Bard, and the Brehon, all hereditary officers.

The Brehon, as the depository of knowledge to which few could attain, was a person of great consideration. He was the general professional arbitrator in all disputes. Submission to his jurisdiction and decision could not indeed be compelled by the suitor; but in practice, through the force of public opinion, neither the one nor the other was questioned. He was remunerated in each case which he was called upon to decide by payment of his dues, consisting of fifteen cows and ten days' entertainment. If convicted of giving a partial decision he was branded on the cheek.

The law administered by the Brehon was the common law of the Celtic people, which had grown up in course. of time by the crystallization of various local customs. At first it was handed down by oral tradition; but subsequently these customs were collected, and written down, at a comparatively early date; and after the introduction of Christianity to some extent supplemented by the canon law. The manuscript fragments of ancient law tracts which remain to us, and the great Irish code, the "Senchus Mor," which claims the middle

of the fifth century for the date of its compilation under the auspices of St. Patrick, exhibit an elaborate system of jurisprudence, which regulated the dealings between man and man so lately, in some parts of Ireland, as the reign of James I. The character and origin of the Senchus Mor is best described in a passage in the introduction of the work itself. "How the judgment of true nature," we read, "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 the island down to the reception of the faith, were all exhibited by Dubhtach 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 law 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."

We can form some idea of the criminal branch of the Brehon law from its digested form in the Book of Aicill, which is believed to have been put together about the middle of the third century. The distinction between a crime and a civil wrong was not very clearly defined, the former being to a great extent treated as "a tort," and compensated by damages. This was

mainly due to the tribal character of society, in which every illegal act was a personal injury, but could not be an offence against the state, when there was no state to

The chief Brehon of that day.

take cognizance of it. The law was enforced by the levying of "erics," or fines, of so many cows upon the offender by the process of distress; and if he was unable to pay, upon the whole family of which he was a member. If the right to take the distress was disputed, the Brehon settled the point in an arbitration. One of the principal provisions, and one common to the early Teutonic peoples of Britain and Germany, was the law of compensation for murder. The family of the slain bread-winner was entitled to receive a fine from the slayer, and if his family were compelled to liquidate the fine on his behalf, he was deprived of the enjoyment of his civil rights, and his share of the tribal allotments was appropriated to the satisfaction of the damages paid on his account. Injuries to women were atoned And various penalties were in

for in the same way. flicted for the offences of incest, rape, adultery, perjury, theft, receiving of stolen goods, and all acts of dishonesty. Fines were also levied for various "wrongs in the truer sense of the word, and also for breaches of contract, such as trespass, slander, fraud, negligence in regard to bailments, the non-payment of their liabilities by debtors or their sureties. The law relating to husband and wife was of a singularly enlightened character. Where the husband and the wife had each property of their own, the wife was called "the wife of equal dignity." She was in all respects recognized as equal to her husband, and neither party could contract without the consent of the other. A number of provisions regulated the boundaries of land, the preserva