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 BREHON LAWS 245 associations have also been busy upon one de- partment of the multifarious materials ; so that we have now these two authentic records, edited and annotated with great care : " The Ancient Laws of Ireland," of which two volumes have appeared, the first in 1865 ; and Sench-u* Nor (" Great Law Compilation") and LeabJiar na g-Ceart ("The Book of Bights"), published by the Celtic society, with extremely valuable notes by the late John O'Donovan (Dublin, 1847). The two first mentioned volumes can scarcely be call- ed even compilations, because, as their editors avow, they consist of mere fragments, decisions of the brehons, rules and maxims of law, gather- ed together out of many more or less imperfect manuscripts, of various ages. The principal materials used by the translators are thus described in the preface to the first volume : " I. A comparatively full copy among the man- uscripts of Trinity college, Dublin. II. An extensive fragment of the first part, 432, of the Harleian manuscripts in the British museum. III. A large fragment of the latter part among the manuscripts of Trinity college, Dublin. IV. A fragment among the manuscripts in Trinity college." These materials, however, being used with due discrimination, are enough to present in a tolerably consistent form an authentic series of the text books, a much larger, older, and clearer system of the institu- tions which once prevailed over all western Europe, than any other nation has yet been able to produce from its own archaic resources. Besides the works named above, the student who desires further information concerning the various texts, their origin, their comparative age, and their preservation, may consult O'Cur- ry's published lectures " On the MS. Materials of Ancient Irish History," as delivered in the Catholic university of Dublin. The princi- ples of the Brehon law were essentially dis- tinct from and incompatible with the feudal ; so that when those two systems came face to face on the same small island, it was inevitable that one of the two must succumb. The main basis of every national system of law is of course its land tenure. The possession and in- heritance of landed property was regulated by the law called gavelkind (gavail-kinne), an an- cient Celtic institution, but common to Britons, Anglo-Saxons, and others. By this law, in- herited or other property was divided equally between the sons, to the exclusion of the daughters, except in default of heirs male, when females were permitted a life interest. The tenure of land was a tribe or family right, and the whole system of government was far more patriarchal than Teutonic an indica- tion of an eastern origin. All the members of a tribe or family had an equal right to their proportionate share of the land occupied by the whole. This system created a mutual independence and self-consciousness of person- al right and importance, strongly at variance with the subjugation of the Germanic and An- glo-Norman vassal. One of the most noticeable peculiarities of the Brehon law is the compen- sation for murder, and for other crimes and wrongs proportionally, called eric. This, how- ever, was common to many nations. Its origin is ascribed to the Germans, but the institution was probably far more ancient. We find the eric forbidden in the oldest code of laws in exist- ence ; and hence it must ha ve existed at an early period of the world's civil history. The law of succession, called tanaisteacht, or tanistry, is one of the most peculiar of the Brehon laws. The eldest son succeeded the father to the exclusion of all collateral claimants, unless he was dis- qualified by deformity, imbecility, or crime. In after ages, by a compact between parents or mutual agreement, the succession was some- times made alternative in two or more families. The eldest son, being recognized as presump- tive heir, was denominated tanaute, that is, minor or second ; while the other sons, or per- sons eligible in case of failure, were termed righdhamhua, which literally means king ma- terial, or king-makings. The tanaiste had a separate establishment and distinct privileges. The primitive intention was that the best man should reign ; but practically it some- times ended in might being taken for right. A very large portion of the Senchui Mor re- lates to the law of distress. The movable wealth of the people consisted mainly of cat- tle and sheep, a kind of riches easily carried off; and as debts and erics were collected chiefly by distraining on the lands of the debt- or, the stronger might be easily tempted to op- press the weaker, either by distraining wrong- fully or by denying payment and resisting a law- ful distress with the strong hand. Therefore we naturally find numerous regulations gov- erning the exercise of this right. Two points are noticeable in this: First, the careful and accurate administration of justice which is in- dicated by the details of these legal enactments; second, the custom therein sanctioned of the creditor fasting upon the debtor, a custom which still exists in Hindostan. Thus, in some cases, the creditor fasts on the debtor until he is compelled to pay his debt, lest his creditor should die at the door ; in other cases, the creditor not only fasts himself, but also compels his debtor to fast, by stopping his sup- plies. Elphinstone describes this as used even against princes, and especially by troops to pro- cure payment of arrears. This singular method of levying money due is called in Irish achari- tan, and is known in Cabool and Afghanistan as dherna. The student of these laws will find them pervaded on the whole by a spirit of humanity and gentleness. We find this more Earticularly the case in studying the laws regn- iting the domestic relations of the family, which, being the unit of which society is but an aggregate, is the most vital and important part of all human arrangements. Ample provi- sion is made for the mutual protection of hus- band and wife, and the reciprocal rights and