THE BREHON LAWS are the oldest CODE in Europe.-English Law introduced in the reign of Henry II.Laws concerning Religion, and Laws of Contract.-The account of the BREHON CODE, as given by the Four Masters.-The Cain Phadruig, or Patrick's Law.-The origin of the Seanchus Mor.-The occasion of its being compiled. The authorship of the Seanchus Mor.-The compilers of the Seanchus Mor.-The Irish Saints who assisted at the compilation of the Seanchus Mor.-St. Benignus and St. Cairnech.-The PLACE where the Seanchus Mor was compiled.-Ancient MSS. treating of this subject.-The CAUSE of the POEM. Sir Henry Maine on the Seanchus Mor. Traces of Jewish Law.-Coincidences between Irish and Hindoo Law.--The Law of Succession.-Persian Customs.-The Law of Fosterage.-The Money Value of Cattle.-Dr. Ferguson on the Brehon Laws. -The Tribal System.-St. Baoithin's Poem.-Professor O'Sullivan on the DESCENT of PROPERTY amongst the Ancient Irish.-The Rights of WOMEN protected by Irish Law.-Irish Folklore.-Eastern Customs.-Origin of our Wakes.-The Irish not Superstitious.-Professor O'Looney on SUN WORSHIP.-Cairns' Essay on Druidism.-Value of O'Curry's opinions on this subject.-Druidism and Incantations as practised by the different tribes who settled in Ireland.-The Poem of BEFINN, the Fair Woman.-SPENSER, CAMPION, Sir James WARE, Sir John DAVIS, and others, on Irish Law.

'Nor e'er except for truth and right
Thy sword, cross hilted, dare to draw.'
DE VERE.

HE code of Celtic laws still extant are the oldest code of laws in Europe.
These laws are indeed so ancient, that two commentaries on them,
which still remain, are also written in two dialects, each of which are
as obscure as that in which these laws are compiled.

The Brehon laws were the code by which Ireland was governed for more than a thousand years; we might make the remark plural. In the reign of Henry II. English law was introduced and Irish law was forbidden. The result will be fully noted later in this history. From this period (the twelfth century) until the reign of Elizabeth, English law was obeyed more or less strictly in the English pale, and there only. But the Irish law was none the less forbidden, and the unfortunate Celt was condemned to a state of lawlessness by his oppressors. It was not, however, until the close of the seventeenth century that Brehons (judges) and ollamhs (professors) of Irish laws became extinct.

The English pale. This appellation, so frequently met with in Irish history, refers to the few counties round Dublin, Louth, Meath, Westmeath, Kildare, and Wicklow, which were under the immediate dominion of the English settlers. The rest of

Ireland was in a state of chronic rebellion for centuries. Stat. 13, Hen. VIII., c. 3, 1522, recites that English law was then obeyed and executed in four shires only.

M

The origin of these laws is thus described in the Seanchus Mor itself. It is simple and natural, it is a clear and indisputable evidence that the Irish Celt of pre-Christian ages was a law-loving and law-respecting man :—

'Sean, son of Aighe, passed the first judgment respecting distress.'

The law-giver this referred to is supposed to have flourished about 100 years before the Christian era.

'Sencha, guided by the law of nature, fixed the distress at two days, which is between one and three days, for every female possession.'

Again, other decisions are ascribed to Brigh Briughaidh. Thus far we have mentioned the distresses of two days, as decided by Brigh Briughaidh, who dwelt at Feisin, and by Sencha, son of Ailill, son of Culclain, to whom the Ulster men submitted.

Other judges are mentioned with censure, such as the 'sudden judgment of Ailill, son of Matach.' These judgments are stated to have prevailed until the coming of Coirpre Gnathchoir, who did not consent that any right should be upon one day.'

The fine of five 'scds,' for neglecting to redeem every distress, is stated to have been the fine fixed by Morann, who was the son of Cairbre, monarch of Ireland, A.D. 14, and was appointed chief Brehon by Cairbre's successor, Fearadhach Finnfeachtnach.

In the commentaries on the Seanchus Mor other judgments are mentioned, as those of Eochaidh MacLuchta, Fachtna MacSenchath, Carat-nia Teiscthi, Eoghan MacDurthacht, Doet of Neimhthinn, and Diancecht. The commentaries also refer to the judgments of Doidin MacUin, Monach MacNine, and Credine Cerd. These judgments are stated to have been in a metrical form, and so preserved in memory.

The commentaries allude to a still earlier period, before the time of Conchobhar-probably Conchobhar MacNessa, who was monarch of Ireland at the time of the Christian era—when the judicature belonged to the poets alone; and of these poet-judges Amergin Glungel is represented as having passed the first sentence in Erin.

In one of the manuscripts there is a commentary upon the name of Amergin Glungel, representing him to be the foster son of Cai Cainbrethach, a contemporary of Moses, and a disciple of Fenius Farsaidh, whose son Neil is stated to have married Scota, daughter of Pharaoh, King of Egypt.*

Customs were probably the origin of laws. Law, in its most comprehensive sense, signifies a rule of action laid downt by a superior. Divine law is manifested

* Hiberniæ Leges et Institutiones Antique. Preface, p. 6. See also further on in present volume. It should be noted, however, that this commentary upon the name of Amergin Glungel is only found in one manuscript, and that the introduction to the Seanchus

Mor does not ascribe what is good in the code to this influence, but rather to the 'natural law.'

↑ Law, Saxon, lagu, lah; from lecgan-Goth. lagjan, to lay, to place; Gael. lagh, a law; leag, to lie down; Latin, lex, from Gr. lego, to lay.

LAWS CONCERNING RELIGION AND LAWS OF CONTRACT.

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(1) by the law of nature, and (2) by revelation. The law of nations is an arbitrary arrangement, founded on the law of nature and the law of revelation: its perfection depends obviously on its correspondence with the Divine law. Hence, by common consent, the greatest praise is given to those laws of ancient nations which approximate most closely to the law of nature, though when such laws came to be revised by those who had received the law of revelation, they were necessarily amended or altered in conformity therewith. No government can exist without law; but as hereditary succession preceded the law of hereditary succession, which was at first established by custom, so the lex non scripta, or national custom, preceded the lex scripta, or statute law. The intellectual condition of a nation may be well and safely estimated by its laws. A code of laws that were observed for centuries before the Christian era, and for centuries after the Christian era, and which can bear the most critical tests of forensic acumen in the nineteenth century, evidence that the framers of the code were possessed of no slight degree of mental culture. Such are the Brehon laws, by which pagan and Christian Erinn was governed for

centuries.

The sixth century was a marked period of legal reform. The Emperor Justinian, by closing the schools of Athens, gave a death-blow to Grecian. philosophy and jurisprudence. But Grecian influence had already acted on the formation of Roman law, and probably much of the Athenian code was embodied therein. The origin of Roman law is involved in the same obscurity as the origin of the Brehon code. In both cases, the mist of ages lies like a light, but impenetrable veil, over all that could give certainty to conjecture. Before the era of the Twelve Tables, mention is made of laws enacted by Romulus respecting what we should now call civil liabilities. Laws concerning religion are ascribed to Numa, and laws of contract to Servius Tullius, who is supposed to have collected the regulations made by his predecessors. The Twelve Tables were notably formed on the legal enactments of Greece. The cruel severity of the law for insolvent debtors, forms a marked contrast to the milder and more equitable arrangements of the Brehon code. By the Roman enactments, the person of the debtor was at the mercy of his creditor, who might sell him for a slave beyond the Tiber. The Celt allowed only the seizure of goods, and even this was under regulations most favourable to the debtor. The legal establishment of Christianity by Constantine, or we should rather say the existence of Christianity, necessitated a complete revision of all ancient laws; hence we find the compilation of the Theodosian code almost synchronizing with the revision of the Brehon laws. The spread of Christianity, and the new modes of thought and action which obtained thereby, necessitated the reconstruction of ancient jurisprudence in lands as widely distant geographically, and as entirely separated politically, as Italy and Ireland.

The Four Masters thus record this important event :-'The age of Christ 438. The tenth year of Laeghairé. The Feinchus of Ireland were purified and written, the writings and old works of Ireland having been collected [and brought] to one place at the request of St. Patrick. Those were the nine supporting props