iiiliiilit!!

:<D

:LO

CD

o
=

CD

CO

ON TUE

MANNERS AND CUSTOMS
OF

THE ANCIENT IRISH.
A SERIES OF LECTURES

DELIVF.nEI)

BY THE LATE

EUGENE O'CURRY,

M.R.I.A.,

PROFESSOR OP IKISH HISTORY AND ARCHAEOLOGY IN THE CATHOLIC UNIVERSITY OF IRELAND; CORBESPONDINO UEIIBEK, OE THE SOCIETY OF ANTIQUARIES OF SCOTLAND, ETC.

EDITED, ^VITH

AN INTRODUCTION, APPENDIXES, ETC.,
BY
,

W. K. SULLIVAN, Ph.D.,

SECRETARY OF THE ROYAL IRISH ACADEMY, AND PROFESSOR OF CHESIISTRY TO THB CATHOLIC UNIVERSITY OF IRELAND, AND TO THE ROYAL COLLEGE OF SCIENCE.

VOL. L
INTRODUCTION,
-i.-- *

rO^/>w

7.

^-6-3

WILLIAMS AND NORGATE,
14

HENRIETTA STREET, COVE>iT GARDEN, LONDON, AND 20 SOUTH FREDERICK STREET, EDINBURGH.

W.

B. KELLY, 8 GRAFTON STREET, DUBLIN. SCRIBNER, WELFORD, & CO., NEW YORK.

1873.
[All n'Blits leati-veU].

DUBLIN

:

JOHN
3

F.

FOWLER, PRINTER,
STREET,

CROW

DAME STREET.

2)R

TO

JOHN HENRY NEWMAN,
OF THE ORATOET,

D.D.,

THESE VOLUMES ARE INSCRIBED,
IN

ACKNOWLEDGMENT OF WHAT HE DID

FOR THE ADVANCEMENT OF LEAUNING AND THE

ENCOURAGEMENT OF IRISH ARCHAEOLOGY AND HISTORY,
AS FIRST RECTOR OP THE CATHOLIC UNIVERSITY

OF IRELAND.

PREFACE.
The
cliair

of Archaeology and Irish History which O' Curry

held in the Cathohc University of Ireland, was established
chiefly

with a view of promoting historical investigation
the
first

;

and

Dr.

Newman,

Rector, intended that

all

the lectures

delivered

not his very
three

by O'Curry should be published. One of his last, if last, act as Rector, was to hand me a cheque for
first

hundred pounds, in order that the printing of the
those "

series of Lectures,

On

the Manuscript Materials of

Irish

The intention of History", might be commenced. Dr. Newman was not lost sight of by the Catholic Bishops,
Woodlock
tion

nor by Dr. Newman's successor, the present Rector, Monsignor
For, besides giving a further
first

sum

for the compleafter

of the

series

of Lectures,

they purchased,

the death

of O'Curry, his glossaries and manuscripts.
in purchasing

One
manu-

object which the University had
scripts was, to obtain possession

O'Curry

's

of the Lectures

now

published,

with a view to having them printed.

This

series

of lectures

comprises several short courses which were delivered from

time to time.

According

to

the original design,
other
courses — on

it

should

have included

at least three

the internal

arrangements and furniture of houses, on food and drink, and on the burial of the dead. Owing to the sudden death of
Professor O'Curry immediately
after

the completion of his

Lectures on Music, the intended Lectures were

not written,

and

I

have not been able

to discover

any materials collected

towards their preparation.

8

PREFACE.

Being very anxious
edit them.

that the publication of these lectures
little

should take place with as

delay as possible, I offered to
so foreign to

In undertaking

this task,

my

ordi-

nary pursuits, I
dear
friend,

knew
late

that I

could rely upon the help of
besides

my

being with the connected thoroughly acquainted with everything of Ireland, was also intimately history, literature, and arts
acquainted with the special subjects of
all

the

John E. Pigot, who,

O'Curry's Lectures,

having aided him in their preparation.
indeed
as

I looked

upon myself

only

the

nominal

editor,

feeling

sure from

my
and

friend's love of the subject,

and

his respect for the labours

memory

of O'Curry, that he would spare no labour or trouble

in this matter, as indeed he never did

whenever a

patriotic

object or an act of friendship

was in question.
de-

The manuscript

of the Lectures as written out for

livery, contained no references to the pages of the Codices

the

from which O'Curry drew his materials, and in some instances Codex itself was not even named and, with the excep;

some of the shorter ones given in the first ten or twelve Lectures, he had not copied out the Irish text of the pastion of

sages of which he gave translations.
tion of manuscripts,

But although

his

own collec-

bought by

the Catholic University, included

copies of
in the

many

of the principal poems and prose tales contained
Irish

more important

vellum manuscripts, the task of

going over, without any references, nearly the whole of the
manuscript literature of Ireland in the Irish language in search of isolated passages, appeared so formidable an undertaking to

Mr. Pigot and myself, that we determined as we found them, merely
necessary for the
lectures,

to print the lectures

omitting repetitions which were connection of the subject when delivered as

but which were unnecessary in a book. When about two-thirds of the first volume of the Lectures had been printed off, Mr. Pigot went to India, so that I was

PREFACE.

9

unexpectedly obliged to go on with the rest of the work unaided.

As

the printing progressed, the necessity of supplying

references to manuscripts,
translated in the

and the Irish text of the passages
Lectures, impressed itself

body of the
mind,
so

more

and more on

my

that at length I determined to

make
in

the attempt. This, as the reader will find, has been done
III.,
II.,

Volume

and a

of

Volume

beginning supplying the references for the passages

table

is

now added

at the

quoted from Irish manuscripts in that volume. In performing this task, I found that some of Professor
O'Curry's translations Avere only free renderings of the original
text,

more or

less

paraphrased, but always sufficiently close and

correct for the purposes for

which they were used.

However

anxious I might be to
lations,

make some emendations
if

in those trans-

such as he would have himself made
to

he had been
it

spared

prepare his

work

for the press, I

thought

due

to

O'Curry's

memory

to give his

own

words, except in one or two
translation.

instances, where he gave rather an abstract than a

When,
is

fortius reason, the text

is

emended, the part so emended

enclosed in brackets.

The nature of the emendations I would
by comparing the passages from the Crith Gablach, the Brudin

suggest in other cases will be seen

quoted in his Lectures

Da
the

Derga, the Tain B6 Chuailgne, and the Fair of Cai^man, with the corresponding passages in this Introduction and in

Appendix

to the second

volume of the Lectures.

In collecting the numerous extracts from the Tain
gne,

Bo

Chuail-

which may be called the

Iliad of Irish romance, if I inay

compare small things with
well to give a translation of

great, it struck

me

that

it

would be
convey

some part of it,

sufficient to

an adequate idea of the character of genuine Ancient Irish
poetry.

With

this object I

made

a literal translation

from that

romance, of a complete episode recording the combats of Ferdiad and Cuchulaind, which, together with the original text, I

obliged to devote more attention to the general subject. and the value of which. The frag- ment of this tract. I have also given the complete text and a new translation of the whole of the poem on the Fair of Carman. which I thought ought to be printed in full in the Appendix. appeared to me. so that it left many was almost unintelligible any one else. I found only a rough draft of a translation of the fragment of the tract which he knew. which O'Curry has made so as much I use of in his second Lecture. p. The task of making such a search was as I undertaken by Mr. The thorough study of this law tract occupied me a consider- . he was successful in finding two fragments which enabled us to give a complete text and translation. the scope of my Introduction enlarged itself. of the most important to and in which he consequently terms untranslated. or the missing fragment. evi- dently made for his own use when preparing his Lectures. The account of the classes of society given in the second Lecture appeared to me to be in- complete and unsatisfactory. an illustration of Irish customs. 465). III. however. On searching among the papers of O'Curry. cannot be overrated. tract in the have fully stated in the preface prefixed to the text and translation of the whole Appendix (vol. had originally intended to prefix to the first volume of the the present series of Lectures a short introduction chiefly on a that andiron of the stone. bronze. to be so important that I thought it worth while to institute a search through all our manuscripts in order to ascertain whether a complete copy of the tract. subject being subject ages. might perchance be in them. less within my own proper domain of Pigot. such as it was. and.10 PREFACE. I was Wlicn after the departure of Mr. which came more or science. This account was based on a fragment of a law tract called the Crith Gahlach. and evidently not intended for publication. as have printed one of the Appendixes to Volume III. O'Looney.

As it is now before the reader. a short dissertation on the ages cf stone. able time. it contains very on the subject of the " three ages of human culture". and secure history. bronze. it many defects. little in have investigated not only most of the subjects treated by O'Curry. but also those which he intended to discuss namely. of Gilds. and of the feudal system. with the descriptions of the arms of the ancient Irish given in Irish tales. Glaisin. As I have already was to have consisted of iron. and extended chiefly retarded the publication or from fifty pages. for it a high place in early European and Aryan The way especially the in which the Introduction was produced. They also throw such an unexpected light upon the early institutions of the Anglo-Saxons. food and drink. and materials accumulated. and the burial of the dead. was The results which I have obtained are very different from the current views about the political and social condition of the ancient Irish and their ethnological relationships. and and a number of to require notes. Until the Introduction had reached nearly four for hundred pages. account for said. this key of the whole Irish political system. the comparison of the houses of the Irish with those of the Gauls. and its widening of scope according as materials acof its cumulated. illustrative of special points. though in a totally different way. but it 11 the repaid all my trouble by furnishing me with It study which of the Lectures. and upon the origin of the English representative system. I two hundred more had been original intention of pre- did not give up the . tion. to a thick volume. the nature of etc.PREFACE. as must give to ancient Irish history an importance it never possessed before. which seemed some further explana- such as the comparison of the weapons in the museum of the Royal Irish Academ}^. but the notes on the other subjects have been extended into essays. forty my Introduction. the furniture and I which — internal arrangements of houses.

quae potui. I believe I go. This perhaps the best place to say that nearly one-half of this Introduction was already printed off in the year 1869. With the view of carrying out this intention. to have only properly commenced where his ended. is very inconvenient for a one-half of it volume such But as fully had been printed off before I determined to it. as this. As an . My inquiry may be said. its shortcomings. I can only say with the Roman " orator: Edidi. published by the English Text The full information which he has Society. and be more readable but unless I had done it in the perhaps way it has been written. but as I did not aim at writing an essay on Gilds. chapter on Gilds was printed off before the publication of the admirable essay on the subject by Dr. I am rejoiced that I did not see Dr. prefixed to the work of Mr. it would never have been done at all. with those obtained have fully proved it. though suitable for prefaces and short introductions. I hope that " in labouring to be brief I have not become obscure". His results suggest that the origin of Gilds is to be sought in the family.12 fixing it to PREFACE. If I compressing could have gations. One of the most apparent defects is the paging in Roman numerals instead of Arabic ones. make a separate is volume of this defect could not be remedied. The results of his inquiry generally coincide. . Toulrain Smith on English Gilds. This method. the re. non ut volui. I endeavoured to save space by my facts into the smallest compass. Brentano. but merely at showing how the political organization of the ancient Irish indicated their true origin.written the whole when I had ended my investi- book would no doubt gain much in form. sed ut me temporis apology for angustiae coegrerunt". gathered together might have been useful to me. however. Brentano's essay before I had worked out my own views on the subject. the first volume of the Lectures. and that a considerable portion of the remainder has been in type The during the last two years. so far as they by me.

now no inconve- inasmuch as the beautiful lithograph transcript MS. but with several. I have endeavoured. published by the Royal Irish Academy. we ever. called the Lehor Brec. in their possession. an additional difficulty in Irish. At first I intended to give the Irish text of every passage quoted from a manuscript. As most of the manuscripts quoted are accessible. The Academy is now bringing out a similar facsimile of the vellum MS. literature.PREFACE. and thus bring the materials of Irish history. have to deal not with one language. and I trust that it will continue to bring out sim.r facsimiles of all the other vellum MSS. 13 Although ray main object in writing the following Introduction was to bring the subject of Irish Archaeology and History. Names and technical terms are always a difficulty to transla- tors. In the case of those quoted from the Lehor na h-Uidhri. compelled me up the This accounts for some of : the notes being set in double columns the Irish text was to have been in one column and the translation in the other. as treated of by O'Curry. for be- . but chiefly in order to increase the number and diversity of the examples given. puts a fac- of the original within the reach of every one. and philology within the reach of scholars. as far as possible. to different Irish materials for my illustrations from those emto ployed by O'Curry. and as I have given all the technical terms in the translation. there can be nience at of that simile all.i\a. howIn the first place. the absence of the Irish text will not be much felt. passages more suitable not only because I was anxious get from my point of view than those given in the Lectures. especially if the original language be very different in sound and genus from that of the translation. and thus take them out of the state of isolation in which they have use hitherto remained. into connection with those of the other countries of Northern and Western Europe. but the extent to which to give this would have increased the volume idea. There is.

I have not used ea writers. no great classical period. . the orthography has never been fixed. But as these occur usually in oblique cases. long as is invariably done by most Irish because I believe that is any deviation whatever from the original form. with one or somewhat more two important exceptions but in the later Lectures I spelled the words generally liberty. of the known Irish proper names mentioned cases. I as took they are found in the manuscripts from which they are quoted. and chose.14 PREFACE. I to spell them as they are spelled in the oldest manuscripts. e. Hitherto has been the custom of translators. in English books are genitives. It needless to say have not adopted the absurd method of phonetic spelling which is sometimes adopted to guide the reader to I . Any one who is wishes to know the exact value of the diffei'ent letters in Irish words should learn that it from an Irish Grammar. especially in the genitive. In the Introduction I was of course entirely free to adopt any course I accordingly have endeavoured to give the Irish words in the nominative form whenever I was able to do so. avoiding especially the modern system of corrupt aspiration. which the genitive of JEriu. tween the language of some Irish tracts and the present spoken lano-uao-e. there is an interval of from one thousand to twelve hundred years. a mistake. I made at first no change in the ing of the proper names. almost indeed without exception. as there was stantly undergoing changes. whether of persons or places. and used where I could do so the nominative forms. best many Eriii. to give the Irish proper names in the exact form in which the translators found them. so that there is often considerable difference in the spelling of in different manuscripts even of the the same name it same age. which renders for the Irish Irish so barbarous looking. a good example of In printing spell- the text of the Lectures. or is some other oblique is The word this. during which the Irish language has been con- In the second place.

and law and other technical terms so modified as to suit the rules of English pronunciation. The number plained for the of important Irish words which occur through- out the folloAving volumes. Irish. and that proper names. as well as in other Irish books. I can only answer. and are valuable instruments of scientific inquiry into the history and antiquities of nations. wrong idea of the people and of to serious error . To those who object to the strange hard names in this Intro- duction and in the Lectures. that I thought it would prove useful words to scholars to index. and increased know- ledge of the subject. modern This may be but old Irish was not pro- nounced It is like modern Irish. This for I have added the meaning of the as established in these volumes — will it be found at the end of the third volume. besides giving a their language. would come nearer to the pronunciation of an Irishman of the sixth century. who do not speak English. and most of which are fully exfirst time. is so considerable. pronounce the words. Germans.PREFACE. This I have done chiefly in the case of words in the Crith Gahlach and other parts of . 15 correctly. Greeks fact to the history —in and literature of every people. Norse. to improve the meaning and correct the spelling of several words. well enough for as it is said. have often led are really while correct names and terms more easily pronounced. than by aspirating them and pronouncing them as in modern Irish. and of adding the nominative form in many cases where the word occurs in the text or notes in an oblique case. In preparing I have taken advan- tage of the latest results of my inquiries. that the same objection applies to works on the history of the Anglo-Saxons. indeed probable that a person pronouncing the old Irish broadly. or rather glossary — index them separately. sovmding every letter as he would do in German words.

which I reoret I either heard of too late. have been different if I were en- gaged in the compilation of a general work on the subject of Irish history and antiquities. object. Professor O'Curry's object in the following Lectures being to give pictures of Irish manners and customs. on the manners. which were printed four years ago. —there are many works.16 PREFACE. he has rarely referred any of the published works on Irish history and antiquities. Indeed. no doubt. In either case have made little use of any published works on Irish history or antiquities. even had I time and space to go over the prin- ted literature of the last two centuries. as they are ex- hibited in the ancient laws. . as I and are either identical or closely related in meaning. and in the which was printed more than early part of the Introduction two years ago. But while Irish works. a task which no one had ever before attempted. In comparing Irish law and other terms with those of the I Teutonic and other languages. or could not get access to. it which original sources especially — Irish was unnecessary to glean facts from published I was in a position to get directly from the manuscripts. and described in the prose tales else poems and to contained in Irish manuscripts. results My when I went over the same ground. many recent German works. It would. was anxious to avoid basing any conclusions upon purely theoretical data. Where I went over new I also ground. was to compare the of O'Curry's labours with those of similar inquiries into the manners and customs of other ancient and medi- eval peoples of North Europe. and laws of the other northern nations. I combined the two objects. I could have gleaned very little that would have been of any use for my special purpose. cus- toms. the reader will perceive that have confined myself to words which differ very little in form. the Appendix.

was soon able make my way through the rich stores of Norse I Let me also acknowledge here the aid which literature. one of the veteran Celtic scholars of Germany. and should also with the legal and north. have duly acknowledged in the foot notes the former I have in this way frequently referred to it the works of Karl Weinhold. Lorenz Diefenbach. Scandinavia. one or two books from which I have obtained information. however. although the latter was the head-quarters of the so-called Celts. Franks — that no certain results would be obtained by comparing Irish customs with those of France or Belgium in the eighth or ninth century. The I could not always. to which There are. but I think also specially right that I should him in respect of acknowledge my the bibliography of old Norse and medieval German customs. of Ireland had not been directly therefore be contrasted influenced by Roman law. if should appear to claim my I own.PREFACE. indirectly as well as directly. The social reader will see that in comparing the Irish political and I system with those of adjacent countries. or so cessive — Romans. manuscripts as well as printed books. have endeavoured in cases to consult the original I refer. only to a very b . 17 I This as much by way of apology. my inquiry have justiThe customs of the ancient Gauls had been either results of obliterated. obligations to With I his valuable to book Alt nordiscltes Lehen as my guide. have almost invariably referred to Anglo Saxon England. institutions of the nations of the political which had INT. results previously obtained all by others. and the fied it. That help was precisely of a kind which could not be acknowledged in foot notes. modified. and hardly ever to France. been directly influenced. works. have received from the work of Dr. conquerors The laws and customs mixed up with those of their suc- Burgundians. This I believe to have been the true course. and Germany. but it was not the less valuable. latter I .

progress with this. am consoled. I desire to thank for the aid my friend. and had collected a good deal of information concerning their rather extensive pantheon.18 slight extent. it when it. at least In conclusion. I relinquished the subject. To complete the picture of the Manners and Customs of the fuller ac- Ancient Irish which these three volumes contain. and especially of Church music. that to it would be a waste of time to attempt to add what O'Cuiry has said without a thorough investigation of I made some the gods and religious ideas of the pagan Irish. Mr. who. by the civilization of the Mediterranean nations before the historic period. D. have also profound knowledge of Irish to thank my friend and col- league Dr. him for correcting many of the proofs of other parts aLo. from his acquaintance with the theory of music. he has given me since he became connected with the without it University. for the present. I and could not have written this Introduction. Brian O'Looney. . and making I have also to thank many valuable suggestions. or the whole work longer delayed. finding that would take perhaps a couple of years to finish and that the Introduction could not be conveniently enlarged further. Dunne. a count of the classes and organization of the literary orders than But this has been given in the Lectures would be necessary. subject is so intimately wound up with the mythology of the ancient Irish. that aid I shall perhaps best express the value I attach to I say that when I would not have attempted. PREFACE. was able to render me great assistance by carefully reading the proofs of the sheets on music. however have given him by the knowledge that he was undergoing the best training to fit him to be the for the trouble I successor of O'Curry in the chair of Irish History and^ Archae- ology — as he is his successor in I and in work done. B.

ii. Pre-historic Archaeology. Irish laws belong at latest to the centuries just named Irish Uttle more than scrap books Irish laws written in verse causes . their importance for the history of the laws. AND CHARACTER QF EXISTING SOURCES. Inductive method . written in a language much : .CONTENTS. Max MiLller dialects not corruptions of written languages a literary language a phonetic crysa literary language tallization it becomes necessarily a dead language sometimes changes with the spoken language this was the case with the pronunciation . Importance of Irish archaeology and history in the comparative history of the Aryan races . glosses on Irish laws prove that many had become obsolete at the date of their compilation portions of the Irish laws unintelligible in 1509 laws and institutes localization of personages . xi-xiii. . Rise and growth of geology . . . Internal evidence of antiquity in many tales . . . that period MSS. Irish laws incompatible with Anglo-Norman times. that led to this fragmentary character. and with those during the Viking expeditions. of Germany sources of ancient Irish history 1. . language explains iv-vi. more modern than the events recorded. . spoken language. THE FOREIGN RELATIONS OF IRELAND IN THE CENTURIES IMMEDIATELY PRECEDING THE INTRODUCTION OF CHRISTIANITY. classic writers 2. Picts. Date of Irish law fragments age of law MSS. Comparative mythologies of Aryan nations scope and objects of history. and events a characteristic of Irish bardic talcs absence of this localization in Welsh and Middle High German poems. Irish language to . ii-iii. . the Aryan race. the most valuable the latter chiefly used by Prof. xvi-xix. . i.. the tale of the Tain Bo Chuailgne . . the language of poems and prose tales constantly adapted vii-x. . but compatible with the state of things from the fifth to the eighth century advanced social and iiolitical position of Ireland at the state of things in . Tales of the heroic period. . France. and . . decay and growth dependent on dynamic influences phonetic decay of language first recognized by Prof. Decay and growth of language of a country does not change uniformly the dynamic action of nature greater in languages of savages than of civilized men contact with another language affects the how this happens . — England. IMPORTANCE OF IRISH HISTORY AND ARCHAEOLOGY. . . etc. O'Curry Gaulish mercenaries in the pay of Medb and Ai/iU. ''i of nations do not change rapidlj^ xiii-xv. ^y . marriage of Irish with Britons. according to . . native sources and their relative values Irish MSS. 62 . applied to history.

of the Irish armies. an important date in Irish . . Jerome's account of the Atticotti of no value bardic account of Cairpri Cindcait .20 . mean " cat-head" Cairpri and Morand a doubtful character in Atticottic revolution Morand probably mythological personages or deities Tuatlial . . of Atticotti . . CONTENTS. Saxons first mentioned as enemies in the seventh century. by Cunedda. German poem plains the conquest of the Gauls by the Eomans. etc. . and the Danes at the end of the eighth the latter circumstance of interest in connection with the date of an important law tract called the Crith Gablach. . and of Ireland by the Normans state of Irish power in . . xx-xxii. and the founder of the political organization of Ireland the Boireamh Laighen an example of vassalage Scotic conquests of The prosperity of Britain under the Eoraans made Britain. the word Cindcait did not Scotic power to .. latter into Britain. the " Alleluja Victory" marks the end of the Scotic invasion and the beginning of the Saxon in Britain the invasion of Wales supremacy . with this occupation extent of Irish sway in Wales shown by story of " Mvg Eimhe. the romance of Tristan and Iseult supports the story of Mug Eime. . Irish invasion. and by the epithet Glastonbury of the Irish". . history NiaJl of the Nine Hostages and his connection with this invasion of Britain he may have been the same as the Marcus under a . names tury in West was Britain . turies of our era. mentioned in the . 39G-397. xlvi-xlviii. the extent of these names exaggerated the . . Irish dominion precarious in first century the Irish power weak for defence. The Irish and Saxons came into contact at an early period their hostility the result of political relations in the North of England. . Middle High . became known to the Irish at this time Germanizing Britain British troops settled in Britanny the Scotic. the time of Carausius .d. xxxv-xxxvi. xxxvi-xl. a real personage. . and the Saxons kept in check in the reign of Constantius Chlorus and Constantine the Great formidable invasion made by those peoples in the reign of Constantine their defeat by Theodosius acts of Maximus assisted in . Franks introduced by the . and Saxon invasion of a. xxiii-xxxiii. took place after the fifth cenan earlier occupation the Nemedians perhaps connected Welsh . there Triads. Pictish. . Patrick carried to Ireland in the time of xl-xlv. Athi or Dathi the last Irish invader of Britain St. xxxv. Ailliech Tuatlia. . Athi . of the Roman Empire by the Germans. second revolution the accounts of these revolutions very conKeating's view of Atticottic revolution this revolution shows the . The Atticotti formed part . . or Atticotti . . have been recently established distribution of conquered tribes throughout the country first appearance of the Atticotti in Britain caused by this distribution St. first revolution fused . the Picts. and are mentioned aboiit this period in the Notitia Imperii. . frequent several Britisli tribes represented by branches in Ireland frequent mention of foreigners engaged in wars in Ireland the Irish engaged in British and Pictish wars constant struggle of races in first cen. xxxiv. it a prey to warlike neighbours the south-east of Britain inhabited by . Saxons before the arrival of the Romans the myth of Hengist and Horsa Britain barbarized by invasions. Emperor Roman name. but strong for offence this ex. . . . Traces of Irish . of Gudrun belongs perhaps to the same period as the Irish occupation of Wales. and the Irish.

. not be included by Schlegel in his Indo-Germanic family Prichard's early opinion on the connection of Celtic with other European languages . MS. Prof. Whitley Stokes important results of these investigations. grammar fully established by Dr. portance of this book. MSS. . aim of it way of accounting for Genealogical classification of languages errors redegree of relationsliip of languages not given by . Evidence of case-endings in Irish existing in Irish MSS. . .CONTENTS. Ixix-Lxx. M. in foreign libraries . Ireland peopled by different races Irish traditions on this sub- Aryan language not a proof . Sir William Jones' opinion as to the connection of the Celtic with the Sanskrit language i^rejudice regarding the affinities of the Celtic languages difBculties in the way of their scientific study hence the subject fell into the hands of uncritical Avriters hypotheses of philo-Celts not more absurd than those proposed regarding other languages Celtic languages could . sooner recognized. Old Irish inscriptions old Ixii-lxv. Celtic inscriptions in Italy. . Grammatica Celtica old forms of Irish Ivii-lviii. Iviii. . Ix-lxii. Aryan character of Irish Ebel. An . time has not yet come for their proper analysis chronological history not older than Christianity in Ireland Irish genealogies joined to Biblical . . Ixvii. The more important of the older known inM. Iviii-lx. ject O'Curry these traditions not fully made known yet. liv-Iv. M. . Grimm on the absence of Gaulish inscriptions many now known. Durand. Ivi-lvii. . liv. Adolph Pictet. Bopp's work on the Celtic languages. work on the subject . M. not ETHNOLOGY OF ANCIENT IRELAND. Ixv. J. . . British and Irish bilingual inscriptions.. . J. but not known to those who undertook to treat of the language his . xlviii-liii. however. 21 THE LANGUAGE OF ANCIENT IRELAND. Garnett's curious cases in Irish. Celtic grammar difficult Mr. . . . . Ixvi-lxvii. scriptions the first comparative study of GauHsh inscriptions . of which several were discovered many years before their true character was recognized reasons why their true character was not acter. Disadvantage of having no very ancient Celtic text the MarceUian formulae pronounced by J. Grimm to be Celtic controversy on the subject Zeuss' opinion that they were not Celtic re-examination of the subject by Grimm Pictet's opinion Zeuss admits their Celtic char. Mr. do Belloguet. Ixviii-lxix. the Abbe Auber. . . use made of them by Prof. comparison of radical and formal elements comparative phonology the true basis of the science of language. Pictet's work on the same subject . the . of the homogeneity of the race that speaks it English people not all Anglo-Saxon. Kaspar Zeuss words to be found in it imOther works bearing on Irish philology. Causes which render garding it . Becker. Adolph . Saxon supremacy imposed the Saxon language on the Britons some at least of the Britons were Aryans. Effect of the mixture of several races on their languages effect of language of a dominant race on the language of the conquered race. . G. Irish . his . Celtic numismatics. . the interpretation of them hitherto given not correct. The labours of Irish scholars in the publication of Irish within the special scope of this Introduction. . . .

this junction has not really affected the value of the former. xcix. Land admeasured by quality and not by area curious land measures in the county of Cavan. the primitive meaning better than those in "Bally". The Tuath . Laths. Ixx-Ixxi. Number of Triucha Ceds. counties and is of great antiquity. the Greek Genos. number of Baile Biatachs in a Tuath the Triucha Ced. Fylk. Cind and Clan. prejudices of the Irish against black-haired people similar to those of the Norsemen. Rapes. Givelly or Wele of Wales. denary system in Ireland. another name for a Tuath . etc.. etc. the Swedish Hundari . Existence of two types of people in Ireland all the early conquering races . the Fi/lk . occurrence of the . its political organization used by Caesar and by Tacitus as the equivalent of some German subdivision the Germans had three different classes of subdivisions of a Ric or kingdom. etc. . extent of freeholders in ancient Ireland the Ballyboe or Teii the type of a freehhold. and was formed of three or four Tuatha . Occurrence of the Norse Bol . among the Romans. Greece. . Ixxxiv-lxxxvii. xci-xcv. the Anglo-Saxon Maegtli or Clan. xcviii. in Ireland . the German Centhe . Ixxix-lxxxi. this relationship . xc-xci. The Irish Baile. Identity of all the fair-haired peoples of north Europe another . and the Latin Gens . the modern townlands represent . governing classess fair-haired. . ANCIENT TERRITORIAL DIVISIONS OF IRELAND. why some words are German to one and Celtic to borne out by Irish traditions. Baronies represent ancient Tuathi . xcv. the Baile Biatach. Ixxvii-lxxviii. the latter vras equivalent to the Gothic Thiuda. Ixxxvii.- . Difference of rights among tribes and castes due to diiference of race Ireland no exception to tliis rule.. Ixxvi-lxxvii. Lxxxi-lxxxiii. . CONTENTS. were of the fair-haired type comparison between Queen Medb and Queen Boudicea . geographical distribution in Scotland of names compounded of Bal and of Other topographical denominations Bally . formation of counties. Hundred .. and probably also in Gaul and Germany occurrence of the numbers twelve and thirty in topographical divisions in . Ixxxviii-lxxxix. .22 ones . among the Germans ber twelve in confederations the Seisreach or . and number several different subdivisions of land. the Ball^bo not a " cowland". xcvi. this explains . the English : . Sub-kingdoms of Ireland. purchase of a homestead mentioned in the Book of Armagh . the Latin Pagus . The Tete or Tate . xcvii. number . . occurs only in certain tena . Baile used in two senses the Ballyboe equivalent to English By . Ixxv-lxxvi. the GavioT Gau. Irish Baile in topographical names names formed from £0/ preserve . the The Dun and Tun. or cantred.Aryan brown type in Europe generally admitted this type less numerously represented in Ireland than in England. . comparison of Irish and Welsh subdivisions duo. the Middle Latin Ballium. The subdivisions of the Phyle. nobles only were of the Clan. Tribes composed of houses . the Mor Tuath . The existence of a pre. num- ploughland it varied in first the Baile Biatach was also of variable extent. in each. Ixxxix-xc. Ixxviii-lxxix. The Mor Tuath . or Cland. etc. Ixxii-lxxiv. menial classes black-haired . occurrence of both forms in Scottish names important conclusion to be drawn from the . the Herath. of Cantreds or Triucha Ceds.

. etymology of the word Cotarius. cxvii-cxxi. Daer Fuidirs St. and of rents. . importance of this identification. . . cxvi. cxxii. etc. Fuidirs . . free Fuidirs. constitution of the clan. cvi-cvii. The free and base Daer Ce'iles.rima«?i different opinions as The Irish ^tV^ represents to what he Avas etymology of the word. included under the category of free C6les . etc. Kight of Flaths to have serfs the Welsh . duties of Cedes on the death of the Flath or lord position of the heirs of Ce'iles in respect to the Flath or lord reversion of the Taurcrech . the Irish Amhus or Ambus. Anglo-Saxon Tliegn. . cxxix-cxxxi. the Daer Ce'iles were villeins or churls . The Lombard J. the Arimann. cvili-cix. the Welsh Caeihions.. cxxviii. Sencleithes. THE DIFFERENT CLASSES OF SOCIETY The Aires. Arimanns mentioned as freemen Arimannen oviij could have slaves. Irish law protected the tenant preference for . cxxiv-cxxvi. . 23 IN ANCIENT IRELAND. cxxix. and as burghers of a town. Tenures of free Fuidirs. Arimannia used for the Arimannioi a district mentioned by Marculfus the same word used in the sense of freehold property. cLx-cx. The Saer Fuidir represented the the Daer Fuidirs. Foreigners.. cxxvii.. . etc. • A certain class of Fuidirs treated like base Chiles. fuidirship under a strange lord a tenancy from year to year this explains an error of Spenser. of large tenants how . cv. . 'Welsh Allud Theoivas. estimated. Arimannen as Scabini. the base . rents. The the freemen were called Air^s. their lord exceptions to this rule persons included under the category . cii-cv. '• .JlaJji . of . Bes Tigi and Biatad . cxxvi cxxvii. Saer Ce'iles were vassals. cxv-cxvi. and Anglo-Saxon cxxvii-cxxviii. classes generally. thachs . IN ANCIENT IRELAND. cxiv-cxv. There were two classes of Ce'iles. the Flaths and the Bo Aire's . and the Fotghers. c-cii.. free and base . nature of Ceileship Taitj-crech_ a. Fuidir partnerships . Ce'des not necessarily related by blood to the Flath. . Cedes only had political rights . etc. jiersons classes in Wales. their position their Log Enechs determined by tliat of cxvii. rights of Cedes. THE DIFFERENT CLASSES OF SOCIETY The Cedes and rent-paying . relation of the Air€ to the free and unfree classes . Patrick was a Daer Fuidir of the first class voluntary Daer Fuidirs Irish law of promotion".• Uchelwyrs . cxxiii. their position. Air^s only enjoyed full political rights position of freemen in towns and on the land. cx-cxiii. cxxi. The classes of society in Ireland were not castes . Rights of SenDifferent categories of cleithes tradition of them still preserved. cxiii. or householders. . . naturalization of strangers. . di&erent categories of Cae^/iwns distinction as to servitude between north and south Wales. they corresponded to the Bordarii and Cotarii of Domesday Booh . Damages. .n(].CONTENTS. C^ilts represented the Anglo-Saxon Ueorlhfastmen. there wera two classes of Aires. Bo. Irish law discreditable to English rule.

the Gwes-Twa or Bes-Tigi of the Welsh Gwes. of the Irish Flath. of a Fine . Four 2. Settlers on common land had at first only the usufruct the position of such settlers in . Maigin Digona. ing no land. . rundale or runrig. those hav: . modern French writers on this M. Anglo-Saxon "Folc" and "Boc" land. .nd cognate words. of the word Fine or Finead. Assumed absence of ownership in severalty individual property in land known to . M. the relics of partnership. this com. . cxliii. cxUii. allodial land in Wales ownership . etc.Twa into Tunc-xeat in the reign of Edward the Third . of land the special qualification . Sismondi's opinion the state of thing? subject pictured by the latter that of nomadic tribes. . Fwu&'-partDerships co-tillage partnership in Wales in Scotland and in Friesland. these homesteads did not form villages. . the freeholders. or extent of sanctuary. borough . establishment of a Selb. Scandinavia. . Biatad : Bes commutation of the Tigi. the latter corresponded to the Irish Damna Rigcxxxvi-cxxxviii. allodial land of Anglo-Saxon Ethelings . . INFLUENCE OF LAND-LAWS AND CUSTOMS UPON THE TOPOGRAPHICAL DISTRIBUTION OF THE OCCUPIERS OF LAND. partnerships or gilds their advantages . . mountains. Guizot's opinion M. Duties of tenants of Flaths . customs. mayor the Brugh-town represented the Saxon Burgh . clii-cliv. the representation of a borough the Bruighfer the . etc. etc. . the marshes. cxxxi-cxxxiii. Relation of the Flaths to the Big or king. early homesteads in severalty. medieval laws. Public land . those cultivating land in common and 4. classes of society the result of land-laws 1. . remotely related kindred mode of establishing a claim to the rights of a Fine . .Ce'ile had a freehold such freeholds recognized in Wales. cxxxiv-cxxxvi. : Sources of information on ownership of land Greek and Roman writers . mutation proves that the Saer. cxxxviii-cxxxix. . comparison with Wales . . cxliv-cl. Henri Martin's views as to the communism of early Celts . THE Meaning ' FAJVIILY AND THE CLAN. a prototype of a different ranks of Bruighfers the Form of a Brugh the place of election of a king. demesne of the Flath . branches . sj-stem of the Germans in the times of Caesar and of Tacitus. the Germans. the council of the Fine .. adoption by a Fine rights of fees legally adopted members . Alod a. its gradual conversion into alledium life estates lapsed into estates in fee tribe land rights of freemen thereon . .their Maers . . Fuidir-l&nd number of . Distribution of population in Ireland. . OWNERSHIP OF LAND IN ANCIENT IRELAND. clx-clxii. clvii-clix. cU. Amount of the rent of base C€iles. charters. or stewards. but not in Ireland. etc. . holders of homesteads as a separate estate. cliv-clvi. developement of a Brugh-town into a city the towns of lords were governed bj. Brughrechl or Birlaw the Bruiyhfer . the Brugh-town. owners of large estates . etc. Extent of land in usufruct of freemen not being Aires . cxl-cxliii.2i CONTENTS. Land extent of the holdings of Ct^iles. . .^ being in common 3.

cciii-ccv. Log Lanamnais. Insolvent members of a copartnership absent members of insolvent owners. clxx-clxxviii. tenures of Saer. kindred of exiles and of emif^ants The Fine Cis Flalha the clan . however. cc-ccii. . . Irish ganization of society in England after the Norman Conquest organization very similar the Tuath a political unit . Irish . IRISH. . . Tenure of Fuidirs. . Flaths could. cLxxxiii. . clxxxv-clxxxix. Was Collective Frank" four men and the Reeve " of the pledge a political right ? ccii. 25 . comparison of the law of Gavelkind in Kent and in Ireland.CONTENTS. paid for adoption derers. the responsibiUty of . Collective Frankpledge. be subdivided . cxciii. kindred of murclan . or bride price rights of married women clxviii-clxix. the Aire Fine was the chief pledge of a Fine. copartnerships The Irish tenures throw light on those of other parts of Europe contrast between Irish and Continental land systems. . . Division of property among heirs the custom in Wales . separation and divorce in Wales position of women as to inlieritance in Wales. cxcvi-cxcLx. The Anglo-Saxon . The Anglo-Saxon township the Gerefa of the Hundred the Aire Cosraing of London . comparison of the however. the clan partly territorial clan system better preserved among the Irish than among the Anglo-Saxons. Nature of the estate of a Flath . and the Ailhech ar a Threba the chief pledge of a Gild the Hindena . . Anglo-Sagon townships. the Cuicer na Fine or " Council of five of a Fine" " of the " four men and the Reeve . TENURES OF THE ANCIENT . . ments. presentatives of Frankpledge . re. custom . clxii-clxvi. Law of Tanistry estates of . Land let to freeman of a Tuath. cxc-cxcii.Ce'iles. . A ire the chief of a family always acted for minors. cxciv-cxcvi. they were not. clxxxix. . of Daer Ceiles. Guizot's different view of the clan . and of Botachs the Daer Cdle represented a copy-holder Taurcrech and Eath paid to Ceiles . clxxLx-clxxxii. very different. . relation of lord and Ceile. . REPRESENTATION OF THE COMMONS AND FRANKPLEDGE. Protection one object of ownership and tenancy in common the Fine and the Gild the source of the representation of the commons political or. . IRISH. the Fertliingman or Ferdingus. names were eponyms M. The ancient course of descent among all the northern nations of Europe was that known as Gavelkind position of women under Gavelkind custom. or chief was represented Fine. Irish customs not recognized in English Law courts in Ireland . the Aire Fine or chief of family the Ailhech ar a Threba an elected Aire Fine . . his THE DESCENT OF PEOPERTY AMONG THE ANCIENT . Compensation to tenants for improve. the Irish custom. of inheritance position of women under it marriage customs the marriage portion the Coibche or bridal gift the Tindscra. . cxc. clan with the feudal family clxri-cLxviii. estates of Bd Aires might also be subjected to the operation of Tanistry. . injury thus inflicted on the country clixxiv.

AND RELATION OF THE IRISH L^ySTD SYSTEM TO FEUDALISM. . Frith Gilds the term gild extended to different associations. The Rig or chief. ccxx-ccxxii. Vavassor. . . . Etymology of the word Gild Kemble's suggestion that Gegildan embraced the whole population that view not correct ancient organization of Priesland relation between the Ditmarsch or Friesland organization and that of Ireland the later civic ccxi-ccxiii. ccv. . Mudglh must have also had a family council. titles among the Big . and not by the lord to the vassal military service not the . Flemish Gilds of great interest Frisian Conjuraii Sodales Anglo-Saxon Gegildan . Essential principle of a Feud original meaning of a benefice nature of a " Pre. . . and Fassa/ . ccvi-ccix. which became the "four men and the Eeeve". . . T/ie Kings or Chiefs. the barbarian Palgrave's idea that the sortes were allodial the barbarian Hospites were Fuidirs . . . . its origin. neglect of the study of the Celtic languages and laws disadvantageous to the study of Feudalism . prestariaj or prajstita. Feud. . each lord had his own base crafts- men the privileges of the Eoman ones abused they were suppressed and re-established several times the term Collegium applied to two kinds of corporations the colleges and the so. . Supposed pagan origin of Gilds hypothesis that they originated in England no real ground for this supposition alleged connection between gilds and banquets. the lands held Clients. etc. ccxxii-ccxxv. Origin of the words Feodum and same . the Gilds of Kalenders and confraternities of Christian Gilds . ccxiii-ccxiv. Palgravo's opinion that Collective Frankpledge was not universal. by Fuidirs were Precariae Leuds. towns . Anglo-Saxon Ealdorman of the Hundred the iJux . . Kise GILDS xVND TRADE CORPORATIONS. daUties . corresponded to the the Ealdorman of a . erroneous theory of the equality among Germans hypotheses of the etymology of Feud Palgrave's objection to them not more fortunate in his own attempt. The confraternities Gild merthe Gilds of the Kalenders . ccxxvi-ccxxviii. rise of corporations in . the trade colleges survived the Roman Empire. the : " sortes" . sworn societies in Flanders. character of Gilds compatible with a rm-al origin. medieval Gilds chants origin . Protective or true the Prankish Gildonia .2Q CONTHNTS. etymo- logy of Vasseur. THE EXECUTIVE GOVERNJVEENT OF ANCIENT IRELAND. trade corporations of Roman origin. harmonises with the foregoing view of of Collective Frankpledge. and Cffs^cs essentially the . tribute of food given by the vassal to the lord. — . . / Handicrafts in ancient times hereditary . the . . lands of Cedes were ioew-lands . ccv. essential characteristic of vassalage. German conquests modified the Benefice . . . carium" . . ORIGIN OF THE TERM The " FEUD". the Laetic grants evasion of prescriptive rights in Ireland. other names for the chief corresponding Norsemen different ranks of kings the Tuatha . . craft Gilds . . ccix-ccxi.

persons who had a right to vote at each kind of assembly. the Foleith . Maer or Welsh Twysawg the Aire Ard he probably High Steward. The king's residence or Dun the Dun of a Rig Rurech . no importance. . . Information on the legislative and judicial systems of the ancient Irish very the Sabaid fragmentary terms applied to assembUes of the people : . ccxlvii-ccl. those of the Mathluagh were analogous the general Placitum . of a. and Officers of State. and with Dux. connection of Bailsidhe with bachelor. . he did not hold a court the Bruigh/er his functions. or assembly of the householders of a Fine . ccl-ccli. The Folach Amus ecxxxiv-ccxxxvji. the ^iVe Tuisi was the Taoisech of the .cclviii. . the Mallum of Char- — lemagne this word cognate with Mathluagh character and functions of the Mallum . he represented the Anglo-Saxon Gerefa . they represented the Gaulish Ambacti. Mithal a general name for an Cuirmtigi or Council of the Ale House assembly the Mithal Flatha or assembly of the liegemen of the Flath . the Tocomrach . of provincial kings.. . perhaps. household of the high king of Eriu revenue of a king marriage ring formed a portion of it. Mur Tuatha the Ard Rig Erind or The oflBce of king elective but con. cclii-cclvii. . the Maer mor of the Scottish . ccxxviii-ccxxxi. took place at the Brugh . ccxlii-ccxlvii. Ambus.QVGtog. Rig Tuatha. the Aire Echtai. the Mithal Tuatha or assembly of the freemen of a Tuath . and a Rig not permitted to do servile -vvork his Dam composition persons entitled to a Dam . . the -word Tuisi cognate with the tog. fined to certain families hence the value of genealogies . the power of tlie Rig limited extent of the sanctuary of a king of the freemen of the nobles or Flaths . the Aire Desa. the three ranks of Aires Forgain . of later times and the equivalent acted as the king's . of a Rig or Mor Tuatha . POPULAR ASSEMBLIES AXD LEGISLATION. or retinue its or leech fee. . the great national fairs were chronological units . etc. . . cclix-cclxi. the Tanaiste or heir apparent the election of . ccxxxii-ccxxxiv. etc. the soldarii. the Aire Tuisi . the soc-men of a Tuath. . the Aire Forgaill was the representative of the Welsh Canghellor or chancellor .. . the reUeving officer for the poor.- . the representatives of the Anglo-Saxon Hundred and Scire Gemots. and priAoleges his court it was of great antiquity corresponded to the Scottish Birlaw court The Aithech Bailbidhe . the Rig elected officials by the Aires . the maiden's THE EXECUTIVE GOVERX5IEXT OF ANCIENT The Nobiliti/ IRISH. . ccxxwiii-ccxl. kings Maers of Charlemagne the English Maijor and French Maire . The Bo Aires . Manner in which each kind of assembly was convened . the Dal . baccalaria. cclvii. the ^iVe Cosraing. . the Aenach or fair it originated in funeral games its functions it was an organised assembly the Cot or Cotha or enclosure for women at fairs. in H. : .CONTENTS. . and of the German Gauding the Concilium of Tacitus . . the Dae . duties. Trithing corresponded to the Riij . of the Carlovingians corresponded to the Aenach. and bacele . the . the Mathluagh . Preference of the ancient Irish for certain numbers political this had. The Dal and Tocomrach. 27 paramount king. . . . .

. cclxxv-cclxxvi. . feiting a Gell or pledge trial in replevin for. the Maigin Digona . Turthvgadh . . . ccxcii-ccxciii. cclxxxii-clxxxv. and Radechenisires of Domesday Book. . the Athgahhail or Withernam. .28 CONTENTS. twelve Essoign Faesam. . cclxviii-cclxx. etc. Snadha . . Germans. civil actions . . judges of the different courts. . ccxcLii ccxcv. cclxvi-cclxviii. fees of oathmen. of this word with personal. be suitors various capacities in which a suitor acted Nascaire . penalties for false witness. . a jury of Noillechs formed apparently of . The Cul. . he corresponded to the Welsh Nodman the Raith or Raithmann. . Enechruice : Enechgris. judicial functions separated in Ireland at a very early Irish name for a court five distinct courts under ancient . The Fiadnaise kinds . and with the Scandinavian Nemda. Fonaidm . The . . . cclxxvi-cclxxxii. and stone borrowed from the Eomans . Sarugh or Sarugud. Esain or . cclxii. Enecland. BUILDINGS OF THE ANCIENT IRISH. connection . the Irish witness affirmed oaths of different. ethnical. . it is connected with " sak" and " soke". the use of the earliest stone-built churches Tunes of the old Germans Screuna of the Celts. The Airecht Fodeism or Court of King's Bench analysis of the names of the twelve classes forming this . entitled to Log Enech or honour price. . . cclxxiii-cclxvx. Procedure in . replevin. witnesses. the Airecht Foleith or Court-Leet the Airecht Irish judicial system Urnaide or Court of Pleas the Neimid and Bretha Neimidh . or to a worthy" priest. The legislative and period. The Aitire or bail .Airecht or High . cclxxxvii-cclxxxviii. the Fir De or expurgation complainant might proceed either by criminal indictment or civil process costs and damages the leech fee compurgation information of an accomplice or accessory the private information of an accomplice or ac" cessory should be made to three magistrates. and topographical names. the Ease or summons . Court of Appeal. tht Gahhail or distress the Trosca or fasting the Anad or stay the pound or Airlis of a Forus. of a criminal charge tive evidence . Radman. . . become " addictus". explanation of the term Diguin. Noillechs or jurats . or common law Cairde. the Aitire Foesma. cclxx. Procedure in criminal trials " worthy" and " unworthy" witnesses different kinds of criminal information confirmation . or witness . sale of the distress A Toing or Fertonga or person who gave testimony Lucht Fira or compurgators were kinsmen of the accused relation of compurgators to The Irish Railh corresponded to the English juries. Log Enech. or interterritorial law Cain or statute law. court very difficult composition of the Airecht Fodeisin. tention in pound the Lobad or . The houses of the Slaves. ADMINISTRATION OF JUSTICE. . . . the Tuarastal or direct posithe Crannchur or lot-casting . The Taeb Airecht or interterritorial court meaning of the term Sic Oc . belong to the sixth century were built of wood . cclxxii. the Aitire Nadma or Roman Nexus cclxxxviii-ccxci. . simple expurgation . . cclxii-cclxv. . cclxxxvi-cclxxxvii. . . cclxxi-cclxxii. immediate distress the Re Dithma or de. . Aires only could the Nadmann or . General term for law in Irish Urrudas. The attorney etymology of the word four grades of barristers etymology of the word barrister advocates not .

etc. cccxxxiii- . . cccvii-cdcviii. Ciarti or Human sacripillar stones the Tamhaclu . Windows and shutters mentioned in Irish tales mortar not used in the • . TailMwus a cemetery durmg pagan times Irish traditions connected with topography of the country the ritual of the dead varied with the rank. fair of TaUt€. the Feri . cccxxvi-cccxxix. . Lawn lights and signals at a Forus . ccxcvii-cccii. the Mur. . The though used to express it the Guba and games the Cepog or panegyric manner of chanting the dirges the Mnd Caointe or professional mourning women instance of a modern Cepdg . : Fahan . Cuitech Fuait or dirges and .CONTENTS. . . and Sweden the German farm buildings were generally under one roof divisions or rooms in Irish. and in the house of a leech or doctor number of doors in a leech's house. . . the guard house of . historical inquiry.. of Ireland ancient stone buildings in the county of Kerry these buildings are very old. Stone-buUt Duns and Cathairs chiefly found in the S. cccix-cccxvii. ccxcvi-ccxcvii. . Irish stream in Lios or Airless of Fer Forais. ancient buildings of Kerry are like them the Caisel. . Cluiche Caeniec/i not a pyre. the . . the . . ... spring of water in the house of the Brughfer . the Derc . the Rath. tales second type of fortress represented by Dunbeg third type represented by the Dun and Cathair of Ballyheabought. earliest stone structures use of lime for whitewashing known. running this fort corresponds to the " Warder's Seat" of . and W. similar legend of Conn and Becuma. sex. legend of Gortigern . . . . the mere occurrence cf burnt bones not sufficient evidence of cremation. . Dun. cccxxiii-cccxxvi. Ancient Irish houses of two forms the'round wicker houses weather boards on wicker houses cup-roofs of Irish wicker houses hke those of GauUsh ones the residence of an Aire consisted of several houses the custom of having each room an isolated house existed also in Gaul. Anglo-Saxon. . etc. . farm-steadings the women's house a separate building it was cut off from the other houses Norse and German names of women's houses the Irish Grianan or sunny chamber. ccciv-cccvi. . The names of the different monuments . cccxxix-cccxxxii. cccxviii-cccxix. animals of deceased persons were slain . Aenachs or fairs always held in cemeteries the . . . . BURIAL OF THE DEAD IN ERIU. as some criminals were burnt to death bones from the two sources not distinguishable no funeral . three types of the " Fort of the Wolves" at . the Fyhrt of Anglo-Saxon law the Leacht and Leacc or Liacc . the fort. etc. cceii-ccciiiFences and trees about Irish homesteads the Lis or Les . . the Catkair. . but are probably ancient civil organization of the Irish Church not incomecclesiastical patible with this view the ancient Irish Church an important field of Caisel. The those described in Irish tales and the Dun . monuments to criminals. Wales. . of the dead . . W. common to all Arj-an nations one case of sacrificing hostages recorded in Irish MbS. Reason for writing on the burial of the dead cremation of the dead practised in Ireland the Gaulish custom of burning slaves. . cccxix-cccxxiii. 29 Franks English " Pennpits". Norway. . panegyric of Rigs and Flaths made by bard of family prostration and plucking of hair and beard part of the Guba funeral games the Nosad. . fice . . .

part of burial rite on stone. the slain from being carried off as trophies stones subsequently added warriors to the Cam . The Fochlu or seat of the chief of household . . larger vessels were made of staves. the common . etc. The principal house . cccxlix-ccclii. cuhnary vessels bread made exclusively the Bro. . curds and cheese. living room the furniture. seats of the liigdn or queen.. Feather beds and pillows in the Immdai. among the rich . the kitchen garden watercress. and other northern nations marriage customs connected with this habit. etc. Ogams Writing the name of a deceased person in Ogam. the Cam . bh'th or rank determined the position of . probably not older than the Roman occupation of some Britain old Germans cut their runes on rods or tablets of ash Ogamic inscriptions may be cryptic. quern. those slain . cccxlv-cccxlix. cccliii-ccclvi. the . etc. ccclvii-ccclxii. kinds of corn grown wheat . tools. the RochuU or grave cloth. . but sometimes cut cut on stone. or broth .. INTERIOR ARRANGEMENTS AND FURNITURE OF ANCIENT IRISH HOUSES. sometimes added to dough JSru</i meal and milk to butter . etc of meal slaves . etc. Germans. . eight . and were only . . yeast probably used in making bread unleavened oat the Bocaire or oatmeal cake the Bairgin or cake .wallets boxes j . The whole family slept in one room this custom common to Anglo-Saxons. number and position of the doors . persons enthled and meat. and also bridles and other horse furniture drinking vessels evidence of the use of the compass and lathe in the vessels. and of the other women. introduction of . the Cam always connected with the Firbolgs buried with their arms. it . . probably acorns oats the corn most generally grown barley used . Fidbach. blankets and coverlets. was worked by women. if pagan. Ogams generally cut in wood in pagan times. MaeJan. more than an agricultural one barley and oats Secul and Ruadan . tools . one story buildings contained all . lofts . who were . IRISH. Maothal or nut meal. . filberts and for bread . cccUii. the arras of the men were hung on the walls. or handmill . bound by hoops.30 cccxxxiv. number of //?i?«c/a» position of the Immdai ox couches position of the fire or couches decorations of the Immdai. . use of Cam to ascertain the number of instances of Cams heads of those slain in battle over the corpse of a warrior. but all are certainly not so why Ogamic inscriptions may show traces of Latin the Irish did not borrow . . the forge. chests. spinning-wheel. cccxli-cccxliv. . Articles for the toilet. the Ogam from the Norse runes. . cccxxxv-cccxli.- the occupants of Immdai as regards the Fochlu position of the seats of the members of the household of a Rig Tuatha . and over the the Cam was used to protect the heads of . CONTENTS. . FOOD AND DRINK OF THE ANCIENT The ancient Irish a pastoral people . . honey ccclxii. covering of walls at the back of the Immdai. leather bottles other leather bags and book. making and barley . . . . was a leguminous plant. meal-cakes ccclxv. Didesc milk and butter. . Ser- nan. . had but one room . The Ctioc . early houses had no cliimney.

the Ass . . . Saxon " ale " of bitterness mentioned in . ancient custom of dyeing animals green dyes. use of moss for dyeing wool red and yellow dye-stuffs the yellow bedstraw or Galium verum madder saffron not used by the Irish the blue dyewas the Glastum of the Gauls legend about St. materials and colours of Inars . true nature of the it Ocrath. Caimsi was worn derivation of the word ornamented shirts and Lenas . the Matal. Irishwomen . DRESS AND ORNAMENT OF THE ANCIENT IRISH. . The Cothal of coverings for the head . that of the Irish. the German Roch. etc. . The hair Buidne. . or cider of apples and of whorts " a the . beer privilege of the or methefflin not the exclusive intoxicating drink of the ancient Irish . its from the Irish one colour. or Cucullus. GaulCucullus. and in Germany of the nobility. the At. the English Frock and the Irish Rucid. dress of an ancient Gaulish figure. . . persons by whom the . ccclxxiv-ccclxxvi. the name Cuirm known to the Greeks as a Celtic word dl-na-guala meaning of the term Ce^-^'swort boiler. concealment of treasure under water. cccxc-cccxciii. cccxcix-cccc. The Caimsi different from the Lena Caimsi of the Saxons at the court of Conaire Mor. ccccvii. . the Scandinavian ISkyrta or Serk. ish figures with the confined to monks . ccclxxxvi. ccclxxvi. . cccc-ccccvi.. . ccclxxi-ccclxxiii. was perhaps different the latter like the Greek Chiton and the Roman Tunica. the Roman iaena . . myth. ccclxxviii-ccclxxsi. colours of i\iQ Brat . . . The Lena. use of Cochal hooded cloaks of the Norse. . this poem. the Cochlin or Cucullio . mutual influence of the Irish and the Norse on each other's dress. Ctdrvi or beer the chief drink of the Irish . ccclxxxi ccclxxxiiL The Berrbrocc . the Tntibhas or trowsers .CONTENTS. the Barr : the lalachrand. the the Gaulish Bracae and German Bntoch . puddings and sausages game birds fish. . . Old German costmue compared with Art of dyeing among the ancient Irish. Different kinds of shoes the Cuaran or Brace . cccxciv-cccxcvii. its material. . Ocralh or greaves the hose or stocking The Inar or jacket ccclxxxiii ccclxxxv. the Oris or girdle. the "heather 2V^t?!0(/Mim. . the oak-vat or Dahach Cuirm Tigi of Conchohar called Daradach malt Lin a general name for beer plants infused in beer wort before the use of hops. the Brat called a Fuan. Eriu rich in cattle. the Barred. The Braf . lichens used as dye-stuffs. . Poem of Cano on the celebrated . ccclxxxvii-ccclxxxix. . was the Norse Miittul . 31 flesh-meat used by the Irish salt meat bacon and hams . the Brut was the Saffum . corresponded to the Norse KyriiJ. Mede supposed to have been made by Danes. . . ornamented Lenas. . "Norse beer". cccxcvii-cccxcviii. . the Caille or veil . Dress . black and brown dyes mordants used by the ancient Irish. . Honey added to the wort of beer brewing of beer a Flaths. beers of Ireland . the Culpait . stuff Glaisin or woad Ciarin and the Glaisin . . ccclxvi-ccclxxi. .

Assyria. . . . Austria. time . . ccccviii-ccccxii. . . use of iron frequent mention of bronze and iron weapons weapons of considerable antiquity evidence of this use the words duhh. . . Northern Germany Baltic region. weapons called by certain . etc. Composition of ancient bronzes definite classification of antique bronzes number and classification of analyses of bronze weapons per-centage of tin in each type of bronze difficulty of determining whether lead be ac. pean localities of tin ore. . . . Rhine-land. ccccxxvi. . England. bronzes of Roman origin. Scotland.. known before iron Pictet's researches on the metals of the Aryans iron known to all European Aryans bronze swords readily made good iron " manuswords more difficult to make true use of the term " Bronze Age error of making all facture of bronze known to all European Aryans . . WEAPONS OF WAR OF THE ANCIENT Difficulty of determining nature or material of IRISH. . Constitution of the bronzes of different countries Egypt. . THE SOURCES AND COMPOSITION OF THE ANCIENT BRONZES OF EUROPE. . a mere assumption the Egyptians and . Phoenicians obtained their tin from Asia sus. . . culture . Composition of crude copper bronzes may contain lead as an accidental inancient coppers origin of small quantities of tin in coppers gredient Wibel's opinion that bronze was made by smelting mixed ores bronze . ccccxiv-ccccxix. . Bavaria and Central Germany. " crude copper and tinstone the impurities of bronze help to indicate the kind of ores from which it was made Gobel's classification of the alloys of copper true bronze. Scythia. ccccvii-ccccviii . tin abundant in the Cauca- Use plete early analyses defective newer ones more comnew analyses wanted no present information unsatisfactory copper ores used in making analyses of Spanish bronzes published of analyses of bronzes . Bohemia and Eastern Germany. ccccxxiii- General conclusions deducible from all chemical facts at present known concerning ancient bronzes. . distrust of the crude views of writers on " formed an era in human . names . there is no evidence that bronze was . Greece. . Rome. . ccccxix-ccccxxiii. Northern Germany — — — North Sea region. France. zinc . . bronze weapons. . . ccccxii-ccccxiv. Scandinavia and Denmark. The three epochs of human . .32 CONTENTS. . . copper foreign minerals mixed with copper ores. . cidentally or intentionally present localities of the lead bronzes which have been analysed the vise of lead indicates a knowledge of silver silver ornaments mentioned along with gold and bronze ones in Irish MSS. Carthage. . Switzerland and Savoy. the original the subject of the " three ages prehistoric archaeology for which this Introduction was undertaken this subject does not object the discovery of metals require to be discussed now. Russia. ccccxxvii-ccccxxx. the oldest alloy Euro- was probably made from " . Ireland. Celtic hypotheses of Phoenician origin of bronze Phoenician trade with Cornwall.

. . cccclii-ccccliii. and c/las 33 applied to weapons . . : . cccclxii-cccclxiii. . Foga. . .— The Cruit. sharp and wave-edged shields .- Mdm . both the name and vehicle were probably derived from the Romans. light javeUns. . the Ci-et. Cull. INSTRUMENTS OF Introductory observations. accord. . etc. the wheels the axle-tree and axle-spindles the Sibthe or pole the simple . . .CONTENTS. O'Curry's attempt to refer different types of arms to different times weapons mentioned in Irish MSS. Defensive armour proper the Lorica or cuirass of the Eomans used by the Gauls not used at first by ancient Germans subsequently adopted by them Anglo-Saxon cuirass the Broigne or hauberk. . the Fonnad. . c . the Crann Tabail : the " Tailm. the sharp pointed Craisech. shields German and Danish large shield used by the Irish colours of shields . cccclxxxiii . Battle Bows and arrows. forms of the shield wooden shields rims of bronze shield in museum of Royal . ccccxlix-ccccli. Stone weapons the " champion's handstone". The Lurg Fersad. . Irish Academy . ornamented shields shields ornamented with . . evidence of the use of bronze in his- toric times. MUSICAL. the Gne. The ancient Irish had wheeled carriages they used them both in peace and war Irish names of vehicles the Cap the Carr the Fedhan or Fe'n the latter was used as abler or hearse Fe'n is related to Anglo-Saxon Waegn not related to Covinus . the Irish Gae was long-handled the Lai. Irish musical instruments. cccclxxviii-cccclxxxiii. cccclxiv-cccclxxii. . . gorm. an eye or projection for carrying the reins a case where it does not mean reins . ccccxxx-ccccxxxvi. the FogaFogablagi or mUitary fork . THE ANCIENT IRISH. ing to one it was a reins according to the other. the Cleiin or feathered javehn the Bir or spit . : the shield . or Fogad. precious metals. the Carpai . . INT. cccclxxv-cccclxxviii. medieval Gesa and old French Gese. supposed deriva. . by whom they were looked upon as foreign the harp found in the hands of one of the muses on an antique vase absence of polychord instruments from sculpture. . gen or lance . the Sleg the Gothmnnais. yoke or Fortche . several parts of the Carpat . . liistory of the harp the Egyptian harp the Assyrian harp Asiatic polycliord instruments known . word Broigne true derivation Bruine. . not a proof that they were not in extensive use mention made of a Sambuke in the hands of one of the to the Greeks. . the Pupall or covering the the bird plume: the All . etc. . the Suist. the Fiarlann. . Stringed instruments played with the fingers. Virgil arms his two Gauls with two Gaesa. warriors also carried two Gae. Defensive armour shields . shields presented to poets names of shields. the war-hammer stone javelin heads. Names of the tion of the . cccclx-cccclxi. Slings: the Deil clis. cccclvi-ccccUx. the curved yoke or Cuing . or iron flail. . the breast Irish defensive armour for the body. or morning star". or sword the Colg. ccccliv-cccclvi. Irish . . . the scythe . shields were heirlooms . . Carpat. the German Gleeje . cccclxxii-cccclxxiv. . The Claidem axes.. this word had two meanings. the Craisech . — . C loin or body . the Guisarma . . the Gallo-Eoman Gaesiim. ccccxxxvii-ccccxlviii.

. the Irish must have known the Psalterium the triangular Psalttrium . . . . CONTENTS. Italy. and Wales. and is the prototype . de Coussemaker . strings in early harps. . . the Kinnor and the Assyrian harps . transformation of the Quanon or Canon into the pianoforte the Salteire or Sautrie still in use in the seventeenth century the Dulcimer or Hackbrett . method of playing it figures of the Sal. it represented the Kinnor . the Crud mentioned only once in the Welsh not mentioned hy Giraldus Cambrensis supposed Chrotta of a MS.— Opinion that bowed instru- . placed the Psalterium in church music after the twelfth century the harp on the Theca of the Stowe MS. . dxviii-dxx. some instruments so called. the Kinnor incorrectly called a Cithara the Cithara the Nebd-Nassor. teire. and the Welsh Crud . d-diii. statement that the Quanon came into Europe as the Tympanon must be a The oldest figure of the true harp known the modern harp originated in the British Islands and was a modification of the Tngonon . . ccccxc-ccccxcix. Sir J. scription of the Crwth . the Irish and Welsh harps called in Latin Ckhara . instruments caUed Nabla in the middle ages instruments mentioned in Irish MSS. The Psalterium . O'Curry's etymology of Telyn. and introduction of the harp into due to those visits number of . . div-dx. nor a harp the Cithara Teutonica tlie word Rote applied in the middle ages to two different instruments evidence that one kind was played with the fingers difference between the two kinds of Rotes . from the eighth to the fourteenth century improvement of French harps. Telyn. Scotland. the German Rolta in the ninth and tenth centuries described as a Psalterium. dxiv-dxvii. dxiv. Graham's . . angular Clypei". the Qwawow . disappearance of the four-sided Psalterium in the twelfth The Salteire or Psaltery of the Trouveres a different instrument from the Psalterium . . Grimm M. Diefenbach both Eolta and Crowd occur in Engbelieves the word to be Celtic The Rote was not the ancient or modern Viele. . . Paris . Hawkins' de. the Welsh Crwth . . the lyre of the Britons. . F. of the eleventh century.. . Laws . . . . two forms of it in use before the eleventh century the rectPsalterium or Decachordon the " Psalterium in modum also makes it . . Nablum. lish. is a Psalterium . quadrilateral instruments of the harp kind in common use down to the twelfth century these were ecclesiastical instruments the harp re. . muses the Trigonon. it was considered a superior instrument by the Greeks it was also an instrument of the elegant Roman world may have been used by Tuotilo . difference between the lyre and The Nabla . according to Giraldus Cambrensis the Welsh name of the harp. the latter was an important instrmnent of the Phoenicians it was perhaps the origin of the Trigonon . according to J. and the chronicle of Harpa of Teutonic peoples . Stringed Instruments played with a Sow. Musical instruments of Ireland. . and believes that it became the Rote . very unlike the harp the British Chrotta of the fifth century the Irish Crut. cccclxxxiv-cccclxxxix. Caradoc. the EngUsh Crowd . Nablum class century. Mr. German. the Crut was a true harp Irish harpers visited other countries mistake. the Chrotta was an instrument of the Franks. probably of the Psalterium or or . Eoraan rausical instruments the Trigonon on a sarcothe instrument on the latter is phagus of Volterra. number of strings in the Quanon.S4 . . in the Bibliotheque Nationale. . and on an Apuleian vase of modern harps the represented with a fore-pillar.

the Oircin mentioned in the Irish Triads may have been the same as Organum . Antiquity of bells uses made of them by the Greeks and Romans were probably known before the Christian era in Western Europe two kinds of bells used open and closed Clocc. . Instruments oj Percussion. afterwards applied to large bells in belfries Campana and Nola origin of these names the Irish Cluicine early use of bells in Irish churches they were used as Pipe inj. Rebec.CONTENTS. the Timpan and the Welsh Crwth were bor. turies a before the eighth century Spain in the eighth. and Miscellaneous Instruments. The Timpan two kinds . they were called Crotals by Ledwich and others objection of O'Curry they were. the Joglars learned the use of the bow from the Spanish Arabs. was borrowed from used in the Lower Latin Clocca . Musical Branch was a lay instrument similar instruments may have tlie Bombu/um was a Musical Branch been used elsewhere in churches .a . it was used in other countries also the Circulus tintinnabulis . instruments existed in Irchind in the beginning of the twelfth century bowed instruments of Arabic origin not in use in Western Europe . however. ments came into 35 shown to be incorrect . really nature of Ledwich's and O'Curry's called Crotals in the middle ages measures of church rights . origin of the Irish Fidil . . Ceolans . it was in of played by women as weU as by men bowed instrumen ts mentioned MSS. . instructus. . . the Fidil or fiddle. dxxviii-dxxix. relation of these names to the Sans. ninth. Ciuil. the modern Viol . . The Bagpipe was not originally used by the ancient Irish Celtic. Wind Instruments The pneumatic organ may have been known in Ireland . musical instruments of the east in use in dxx-dxxii. bells. etc. and in the instruments in use when the bow became known were adapted the same kind of instrument was played with the fingers. or Viele . the Anglo-Saxon Byrne. . or Musical the Irish Branch . the Irish name of the former. probably a Psalterium. . dxxxi. — . rowed from the continent. with a plectrum or with a bow the Vidula. and Teutonic names of the bagpii)e occurrence of the word . Viola. . dxxsi-dxxxiii. and Gigue were like these instruments changed their form after the eleventh cen. the latter in this case being. . spherical closed pear-sha2)ed closed bells. . dxxxiii-dxxxvi. . . The Rehab or Rebec . The Stuc and Stwgan . Timpan . used in Britanny. the Rote. . . one was played with a bow. the origin of the latter word obscure the eighth and ninth centuries for hand-bells. . . mistakes. each other tury Irish . dxxix-dxxx. Crann Ciuii. . the Irish name . a kind of Musical Branch the medieval Cymbalum . some of the strings being touched with the finger nail or a quill it is not possible to say whether the Timpan was a Rote or a Viele . The Romance Buisine was the Roman Buccina the Irish . . the Viele a favourite instrument . . . dxxii-dxxvii. however. is nevertheless borrowed from the Romance the old Irish bagpipe was the same as the modern Scotch one. dxxx-dxxxi. Europe at the crusades such .- form of the Viele up to the eleventh century . Trouvere poem the Celtic forms are found in the oldest MSS. The CraeUi . . in Ireland. Viele. Moslems and Christians Spain . and tenth cencentre of art and knowledge intercourse between Spanish . . the Gigue : its origin . examples of the use of small.- Buine was formed from the Romance Avord krit. Romance. Wales to it . . Teutonic names for the Viele . — .

. although there were rules for . grade scale to each other no natural tonic among them probable way in which the diatonic scale was completed the scale thus obtained not identical with the modern one every tone of a scale used as a tonic in homo. Bombulum in the "Epistle to Dardanus". IRISH MUSIC IN CONNECTION WITH THE HISTORY OF . MUSICAL DEVELOPEMENT. Organum in the ninth century. refer only to a simple counterpoint but figured and flowered counterpoint Avere known in his time. dxl. . but not generally practised. however. the connection by Canon and Imitation. relations of the tones of the quinque. . . . Isidore liis definition of harmony shows that something like the Orgamtm was known in his time. which were formerly supposed to have first appeared in the fifteenth century Discant with words this kind gave rise to masses Discant with words and partly without words this kind was probably practised in Ireland rhythm and tonality of artistic connection was effected . Necessity of discussing Irish music here justification of this course the discussion will be confined to the scale and tonality of Irish music reasons for omitting time or rhythm from the discussion the subject to be treated from a scientific point of view it must be prefaced by a sketch of the . . . The Fer. — . . . dliii-dlv. King of Etniria. some evidence that Organum was sometimes used in secular music. but a dancer the name is cognate with the old French ginguer is represented by the modern Fer Gigaoila. . . tent of the tunes of savage nations . . and still use. .Cengail not a musician. the original or first kind of Organum. original mode of making it different names given to it its supposed origin it was a measured harmony the rules of Discant given by Francon of Cologne. . Polyphonous music. . . . . . dxxxvii-dxxxix. Organum was not used in secular music musicians of the twelfth century accompanied their songs in unison there is. the second kind of Organum or Diaphony . . phonous music. Rise of a new kind of Polyphony Discant or Dechant . . between the voices in the early Discant. . Gall in the ninth century. dxlii. Hucbald's treatment of harmony. dU-dliii. Musical Branch of Porsenna. . dxlvi-dl. . harmony only in the form of antiphony Greek system of choruses ill adapted for Christian congregations concords used by the Romans in the second century those mentioned by St. . first kind the Organum had no independent meaning according to some writers. Gregory influence of Celtic and German poetry on Latin verse and Church music the Greeks used. . . . . Introduction of music into the service of the Church homophonous music always combined with poetry Greek tragedies and epic poems musically recited the rhythm of this music different from that of metre the chanting of the liturgy like the Greek recitative the Christian hymns were rhythmed state of music before St. as is shown by the choir of St. history of music. . Three epochs in musical developement homophonous music existence of many musical scales origin of the notes of a musical scale mode in which the quinquegrade scale was obtained ex. No disused before the eleventh century . .36 description of the CONTENTS. . dxli. . he calls it DiapJiony. .

inner school of St. not as yet discovered difference between secular song and ecclesiastical chant recognized. dlviii-dlx. Tuotilo his scholar . comparison of those these scales lead to stales existence of two different diatonic scales . on the music of Palestrina influence of the Opera on the change of polyphonous music into harmonic music invention of figured or fundamental bass first use of the chord of the seventh fusion of old Church tones into major and minor modes change of the minor seventh into the major seventh developement of effect of similar causes . dominating influence of Plain chant due to its mode of developement ture . de Coussemaker and fourteenth as to the used in ecclesiastical chant conclusions of harmony in use in the twelfth. Developement to caprice of . . now in Ireland contain no example of musical . thirteenth. . authentic tones of St. The artistic music of the Continent known to . . music not according to purely scientific laws. Peculiarities of Irish grade scale. Liber Hymnorum Nolkeri. dlxx-dlxxvii. A . keys of the gapped quinquegrade scale ancient keys of diatonic scale. causes of that re. . omitting those having the notes representing the semitones as tonics these keys . nothing known of the origin very little known about the distinguished Irishmen who lived on the Continent in the middle ages Tuotilo was probably an Irish. centuries. different. music the first instruments so used . man the Einsiedeln MS. . extent and tonality of pieces in old Church tones extension below the tonic compensated by curtailment above the tonic peculiarity of the tones thus developed origin of the term Plagal given to those extended . modern tonality. . dlxi-dlxii. . the lute one of in Italy . Roman singers sent England in the seventh century chanting practised in the west of England in the same century Irishmen living on the Continent in the ninth century acquainted with artistic music Moengal teacher of the . Palestrina's relation to the Flemish school. dlxvii-dlxix. .. Amrepresent the five melodic families of tones brose . but according causes which led to the emancipation of music from the . or in . notation. . in Ireland . . . . . rise of Flemish school of music character of the masses of Flemish composers French school of polyphonous music influence of Flemish school on early Florentine school . dlxii-dlxvi. . . . 37 . modern growth all the notes of the Irish scale served as tonics . m ratio of the intervals in the typical scales . Gall of the latter .CONTENTS. JDiscant first M. music Irish music constructed in a gapped quinqueone of the Church tones the sentiment of tonality of . modern music principal defect confusion of musical nomencla. Revolution in music foreshadowed in works of Palestrina volution . original designation of Church tones no Church tone having C or for tonic Dominants of Church modes not in coniformity with those of modern music the genus of the old Church music and of modern music tones . Instruments substituted for voices in accompaniment . . popular music . . was copied by an Irishman the Irish MSS. . Action of secular music on Discant . . instrumental accompaniment in the thir- teenth century the instrumental accompaniment of the dance music of the sixteenth century of the same kind simple accord accompaniment . . . . dlv-dlviii.

however. comparison of the several scales in the key of . dlxxxix-dxc. Carl Engel. Irish airs in the key comparison of the several scales in the key of G use of the flat or minor seventh in Irish of G . Irish musicians do nothing for Irish music. . . Historical position of ancient Irish music ancient Irish music was homophonous influence of ecclesiastical music it was not .. The keys key of C. . airs in the key of G . Petrie. compositions of Carolan . dciii-dcvii. E scale in the key of G . use of the "flat " seventh. . dxcvii-dc. as shown by the tuning of two violins. . . affected the Irish. . nature of the accompaniment called Faux Bourdon. Discant was probably .- D E scale of E . the Fight of Ferdiad". music inevitable uses of old national melodies. known. this pecuUarity . . dxci-dxciv. Lowland Scottish music has the . . . called in old Norse Stef. music . . Irish . as shown in the state of national music a kind of . airs in the key of E. i?«?(foo« and refrain of songs. comparison of the several scales in the The key of G . . . . the Last Rose of Summer caprice of collectors sources of error in noting down national in dealing with Irish music music distinction between the archaeological and artistic use of national airs duties of the musical archaeologist rights and duties of the musical artist Moore and Stevenson judged according to these canons Bunting. .38 CONTENTS. . nevertheless. airs in the key key of E. down from the second or A string. nature of the Irish Burdoon. however. character of the quinquegrade scales of D. Two Highland Scottish music nearly the same as same scale and keys as Irish music. by harmony what extent we . rise of . duty of Irish Academy of Music. Conditions necessary for the growth of polyphonous music they did not effect of the introduction of Protestantism on Irish exist in Ireland music social and political state of Ireland in the eighteenth century influence of foreign music. . or up from the G string early Church music constructed on the quinquegrade scale natural scale now used in Plain chant Irish music is to be compared with the old Church music the . practised a rude harmony but to cannot teU this Avas the Organum of the Church the successive developements of harmony became known in Ireland. . dlxxvii-dlxxxviii. dci-dcii. . homophonous music a school of Irish music impossible artistic developement of Irish music entirely arrested inevitable death of Irish homophonous music causes which are hastening this event disappear. five ancient Irish key C . the Irish Burdoon was not. airs in the key oiD . with the bagpipe tills opinion not correct its true origin to be found in the old church scale . commencement of the transformation of Irish . . this peculiarity originated. ance of old. [according to Mr. is. judged by them. . not confined to it. kinds of Scottish music Irish music . Irish airs in the of A. and diatonic quinquegrade in the Irish airs of gapped . dxcv-dxcvi. Irish airs D . but a species of Faux Bourdon. dcviii-dcxviii. character of the quinquegrade of . The key A character of the quinquegrade scale of A scale of A . the air known as EibhUn a rilin . composed key The key of . the a similar kind of refrain occurs in the Vidkvoedi a particular kind of it " Irish poem. character of the several scales in the composed in the gapped and diatonic quinquegrade character of the scales in the The key of scales of C. etc. . refrain. different systems of music. . . . examples of airs in the key of C . . " Tempered" of scale.

. Thomas they are all the keys mentioned in the Welsh manuscript as modern keys deciphered by Mr. traces of true Welsh music to be found still in old airs. Inar and Brat. House of Cruachan. . Thomas thinks the music of the MS. Additional references to Corcur and Rud. . similar keys amongst the early Greeks esthetic effects of ancient Greek modes. . dcxxxix. have no national music. dcxxvi-dcxxvii. Passage relative to the wearing of the Lena. . dcxlii. dcxli. dcxxviii-dcxxxiii. dcxliv. dcxliii. Mr. Descriptions of the Royal Passage relating to Brewings. erroneous. . dcxxiv-dcxxvi. . dcxxxviii. . . Passage from the account of the second Battle of Magh Tuired concerning a Derc. nion of it . Highland Scottish music not affected by polyphonous music influence of the key of A . he deciphered a little of it . Sepulchral and other monuments mentioned . . the works of Welsh bards . foreign music on Lowland Scottish music preservation of Scottish music growth of a conventional style of Scottish music.. English music it was completely transformed in the fifteenth and sixteenth centuries rise of harmonic music in England opinion that the EngUsh . . dcxxxvii. . Note on the Antipho- Fair of Tailte' about human sacrifice. Macdonald's rule about . dcxxxix Passage from the poem in the Dinnsenchas on the . . Thomas. Dr. . . . was they are unintelligible written for the Crwth . been the Crwth. . . . dcxviii-dcxxiv. . Modern Welsh music does not differ from English music. dcxxxiii-dcxxxiv. dispute concerning the paternity of certain airs the Welsh are not conscious of the great change which has taken place in the structure and character of their music the best evidence of the change is to be found in . Burney's opiBritons found in a Welsh musical manuscript . the transcript in the Myvirian Archaiology worthless the five Welsh keys as given by Mr. and printed in the Myvirian Archaiology. Parry's pretended facthe letters not Ogam . tion was that is and Gregory it is the tablature of a stringed instrument. was extinguished by Protestant hymnology. Supposed musical notation of the ancient Dr. dcxxxiv-dcxxxvi. he has deciphered some of it he thinks the nota. Sepidchral and other monuments mentioned in the Dindsenchas of the Fair of Tailt^. the greater part is said to have been deciphered by Barthelemon Mr. Addenda Sepulchral and other monuments of Magh Tuired. in the Dindsenchas of Brugh na Boine. and similar legends to that of the Daghda's feats in of the Church modes other countries musical feats of the Norse harper Base. . the air of "Ruddlan Marsh" an example in support of this view the Welsh and English . not older than the sixteenth century this instrument may have of St.CONTENTS. . 39 flats and sharps in pipe music quite correct airs in the conventional style of Scottish music difference between Highland and Lowland Scottish music hypothesis to explain the difference . nary of Bangor. dcxlii. did not derive their music from the Irish old Welsh music merely restored by Grujffyd ab Cynan it was constructed on a gapped scale but was more affected by Church music than the Irish music if was also perhaps affected by polyphonous music the old Welsh music . dcxl. etc. . The musical feats of the Z)a^^Ja represented different keys. The Welsh . Burney's simile of some of the music facsimile .

37. Page xxi. is dcxii. xxxn. ccccxliv. 3. FOR Lahraid Loingsech. READ Labrad Loingsech. Turenne. „ „ . to ExtraTagant. Dagdai. Surenne. figure 14. „ ccccxcvi. twefth. occurs. Stewart has suggested to me. line 5. „ „ „ note 464. Extravagan. 3. note 329 clxxxii. dxxv. i clxxxiv. second line of note 346. the Bush aboon Traquair". 31. fitolas. P. „ 16.. Guillaume. dvi. Oxon. Mr. line 21. note 985. dxvii. This correction should also be made at pp. „ „ Gillaume. 487. xlix.. dlxi. Ixxiv.CORRIGENDA. note 330. udi. Rev. Singuer. The reference should therefore be MS. Sir U. . cccclxxxi. Sir R. Jongleurs. ginguer. note 345 . line 11. pianoforte. T. note 456. There should be no mark of punctuation after " term". Ugaine Mdr. „ 15. Stewart suggests that the characteristic air of " La Dame dcxxll. ccclxviii. 27. fitola. Sir Tristam. that the Trigonon. second side note. note 104. Rev. Leeves. budi. I 28. note 209. i tom. farmers. a bass ccccxclx. and everywhere this gloss on the word Dun xcix. line introduced. Ixxxii. J. after "and then" insert. Cuirmlig. Blanche. a foot note should come after Maeg. ccl. clxxvii. note 1042.. Petau. Cuirmtech. dxl. cxxvii. have inadvertently described the manuscript from which this note is quoted as being in the British Museum. zxii. Bod. ipinaoforte. cxci. Where this name is written Ogan it should also be made Eogan. „ 26. note 975. twelfth. dxx. Trignon. 23. clixiii. note 298. " between them". note 343 „ cxci. J J. Leete. cxxxvi. Sir Tristrem. figure 15. note 288. line 24. Herireita. 17. Petace. cclii. Eogan Mdr. line 21. „ cccclxxxviii. Jongleors. line 6. . Rawlinson. I Cojicobar. • „ „ If 30. line 6. clxxxi. note 345. third side note. Oxford. Ixxxvi. P. ccccxxxviii. 3. rightly. T. and I think bow of the Crwth was like the bow of fiddle. 28. 10. line Ixxxrili. Dagda. whereas it is in the Bodleian Library. Mr. reintroduced. armers. " a/ier "with water" add was extended". Bibl. . A reference from botJJererielra. Concoar.

as it were. count the ripples left left impressions receding tide. which. like the dynasties of ancient kingdoms. ot new field of scientific Men yearned to know something of Rise and giowth of PIT the last ^ hair century this yn i • • • new scientific territory has c^ • 1 i been ueoiogy. the superficial giavel heaps. Pre-mstoric the first vestiges of man. in which are written the annals of the globe. have been ransacked. and of the beginnings of the In the course early nations who have lived upon its surface. annals of the globe diverted attention for a long time from the last though perhaps most important pages. . enabled us to construct the geography of our globe at the dawn of its time. AND CHARACTER OF EXISTING SOURCES. may. to clothe its land with vegetation. and people it with birds and beasts. book.INTRODUCTION. follow the tracks of the marine animals that crawled upon its We sands. every page of which unfolds to us manifold forms of life. have passed away for ever. or of the land animals that came down to its shore. the past of the globe we inhabit. in which are visible Within the last few years. 13IP0RTANCE OF IRISH HISTORY AND ARCHAEOLOGY. the alluvions of rivers and lake bottoms. 1* INT. by upon the dried sand by the its nay. and the domain of the human intellect pushed The great stone far into the shadowy regions of the past. the caverns in the hill side. even note the rain-droj)S of the The vastness and beauty of those passing summer shower. Somewhat more than a century ago a research was opened up. however. has been carefully examined and fi'om those annals science has . . well occupied. to people its waters with fish. walk by the shores of its ancient sea.

11

INTRODUCTION,

and such numbers of the works of man, of his bones, and of
those of his contemporary animals, have been brought to light, that already attempts are made to rehabilitate primeval man.

Simultaneously with these researches of the geologist, the archaeologist has been busy in excavating the sites of ancient cities and removing the earth of centuries. Adopting the

and method of physical science, the sounds of dead languages of which scarce an echo had reached our ears, have been
spirit

reawakened we can rebuild the fallen cities, people them anew with their ancient inhabitants, assign to them their various duties, and partake in imagination of their daily life. As a chip of flint, a fragment of pottery, an inscribed stone,
;

a spear, or a ruined building, helps to realize the physical past of mankind, so a fragment of an ancient poem, a legend, or a

myth, helps us to resuscitate the intellectual past. Just as now, man migrated in ancient times from one region to another, and carried with him his arms, his tools, and his
of building houses. The comparison of the tools and and ancient buildings found in various countries, like weapons the gravel and boulders of the geologist, enables us to trace the

mode

stream of migration, and its probable starting point. But there are also intellectual boulders: stray words of languages, frag-

ments of myths, even nursery rhymes, have become important
helps in tracing out the early history of peoples. '^^^^ introduction of the inductive method of investigation Melhod^'ap"'^"into historical inquiry has been singularly fertile in results.
It is only the other

^o'/yl*"

to the well

down

to

day that Niebuhr applied his keen analysis tissue of ancient Roman history handed us especially by Livy, and having resolved it into its

woven

component elements, began thereout the construction of a
history of Ancient

real

Rome,

a labour since continued so well

by

So too the ancient history Arnold, Mommsen, and others. of Greece is slowly emerging from the Orphic and Hesiodic
chaos into a form of
life

and beauty. Classic mythology, which

in the last century only served to explain the allegories of the poet, enable the connoisseur to understand" the works of the
verses, has

sculptor and painter, or the poetaster to give a classic air to his become in our days an important branch of science.

INTRODUCTION.

ill

opening up a new poetic world full of beauty and pliilosopliic The anthropoid deities of Greece and Rome, and comparative grandeur. of the other Aryan races, are found to be but manifold me- of Aryan natamorphoses of the same primitive ideas, the manifestations of
the divinity in the

....-,

,

.

.

tions.

phenomena of

nafure.

Zeus, Roman Jupiter,

or Jus-Pater, Gothic Tins, O.

Zio, and even the degraded Deans or into the Sanskrit Dyaus-Pater, " the father perstition, all merge of light", as we may express the signification of the root of the

Thus the Greek H. German Deuce of modern Irish su-

name dyu,

to shine. The lovely Saranyu, the creeping dawn of the Vedic hymns, those earliest voices of the Aryan race, is represented by the gloomy Erinys of Greek mythology while Eros is
;

the newly risen sun, the Vedic Arusha, from the root ush, to burn. Again, in Dahana, the morning goddess, from the Sanskrit dliyai, clM, to see, to

understand,

we have

the

Greek

Athena, and Daphne.

While Varunas, the

personification of

the ocean, who engirdles the earth and spreads a veil over it, is Even many of the heroic legends which the Greek Ouranos.

have served

nations, have a

Aryan Homeric story oi Paris and Helen is related to the Sanskrit one of Pani and Sarama: the Irish legends of the sons of Tuireand, and of Lahraid

as the materials of the primitive songs of the

common

origin.

Thus

the

Loingsech have a common origin the former with the Labours of Hercules and the Argonautic Expedition, and the latter with the story of Midas. So, too, Beauty and the
Beast
is

the

Greek legend of Eros and Psyche, while the

story

of Sigurd in the Volsung

Lay

is

a cognate

form, derived

from some primitive germ, of the legends of Theseus and Thus one by one the myths of the Perseus, and others.

Aryan nations are being purified of the dross in which ages have enveloped their primitive poetry. According as antique weapons, tools, and implements are
collected, classified,

amd compared, ancient ruins examined,

inscriptions read, languages comparatively studied, myths traced back to their source, legends analysed and their meaning deter-

mined, annals
history of
_
,
,

sifted, corrected,
'

man becomes
1

a reality.
1

and synchronized, the primitive At the same time a pro- scope and

found change

is

taking place

m

objects of

our notions of the scope and tistoiy.

1*B

IV

INTRODUCTION.

We are no longer content that it should objects of history. be a rehearsal of the drama of a national life, in which the on the stage in conprincipal performers alone should appear
are ventional dress, and play their game of political chess. full in which the chorus of the the with satisfied opera, only

We

Plebs
in

is

heard

which the

of the Kings and Nobles and labours, joys, sufferings of the peasant and
as well as the solos
;

meed of attention equally with the heroic the deeds, pageants, the pleasures, and misfortunes of kings; in which the creations of art and the discoveries of science,
artizan receive their

the conquests of man over nature, receive their share of glory, as well as the victories of man over man.
The Aryan

It

is

now

a recosfuized fact in science that from the Indus

to the Atlantic ocean,

and thence across the American conti-

nent to the shores of the Pacific, the descendants of one primitive, blue-eyed, fair-haired race, divided into several branches and speaking dialects of what was once a common language, hold sway. To determine the common elements in the languages, mythologies, legends, laws, and customs of the
several branches of this great
tively rehabilitate, as
it

Aryan

race,

and thence induc-

they issued, is one of the most important, problems of historical science. The solution of this problem requires the union of every possible

were, the primitive parent race whence one of the most interesting, as undoubtedly it is

streamlet of knowledge bearing upon the subject. No tribe of the race can be so obscure, or land so insignificant, that its hisimpoitance
of Irish ar-

torv

mav

not contribute materials for the purpose.

chatoiogy
in the c imparative histoiy of the Aryan Uace;

wcTC
latcd

truc, therclore, that

ir

^

m

-

ancient times Ireland was an isop
.

-ti-i

Thou2h

it

comcr of the
-n
i

earth,
.

whose inhabitants were no better
i
i i "^
.

still the study of the ancient language of the than savao;es, '^ tab , , such historical traditions and legends of them us and people, may have survived, would be valuable. But the ancient lan-

gnage, laws, and traditions of Ireland are, in truth, among the most valuable, nay, indispensable materials for the solution of
the problem above stated. The Romans, Celts, and Germans have so commingled with each other on the continent of Europe and in Great Britain, that it is almost impossible to The fullysay what is peculiar to each and what borrowed.

INTRODUCTION.
developed judicial,
fiscal,

Romans,
as

as well as their othervs'ise

and administrative system of the high physical culture, have,

might have been expected, deeply modified the political and social organization of the Gauls, Britons, and Germans. The only branch of the Celtic race not directly in contact with this highly-developed political organization was the Irish.

That Ireland was not unaffected by Roman
even by the
earlier civilization of other

civilization,

and

Mediterranean nations

But that influence in pre-Christian times, is undoubtedly true. was not such as could deeply modify the laws or customs of
the people, and hence in them we ought to find a precious mine of information regarding the political and social organization of

Europe before the

rise of the

Roman

power.

For-

tunately, possess in the remains of the Irish language, poetry, laws, etc., such a mine, and in greater fulness too than is to be found in the other branches of the Aryan race, except

we

the Sanskrit, Greek, and Latin, The early history of Ireland possesses value from another its scope, is or more point 01 view, which, il more limited

their impor.

m

:

.

.

.

.

history of tlie laws, etc,
of Kn^iand, France, and

immediate

interest

and of

far " greater practical

importance than
'^

the prehistoric history of the greatest of the human races, namely, in connection with the rise of the laws and institutions

Germany,

All French of France, Germany, and especially of England. in the of are institutions, many, supposed to have a opinion

Roman
dified

origin,

by German

institutions

have been subsequently somewhat mo' That the Gauls had political which survived the Roman and Frankish conquests,

and

to

influence.

and in reality formed the basis of the various custumals out of which the later institutions were evolved by a natural process of growth, has only occurred vaguely to a few. That the great
principles of English law are the gift of the Anglo-Saxons, who not only borroAved nothing from their predecessors the force

Britons, but actually exterminated them, has so of an axiom among English writers, that

much

the

no one, so

far as I

know, has ever doubted the first part of the statement, and but few the latter part. And yet it may be maintained, that the organization of society in Gaul and in Britain before the dawn of the Christian era, was substantially the same as

VI
in

INTRODUCTION.

Germany; that all the fundamental principles of AngloSaxon law existed among the Britons and Irish; and that

the Saxons of Hengist and Horsa found on their arrival what

we call Saxon laws and customs, and only effected territorial changes. This is precisely the conclusion to which a study of ancient Irish history in the broad sense of that word inSources of
iiistory

:—

evitably leads. The sources of ancient Irish history are two-fold: one, the brief and often very vague notices of Greek and Roman

writers

;

histories,
1.

the other, the prose and poetic tales and legendary and reliqnes of the laws of the Irish themselves.

Classic
;

writers

— With
first

the exception of the geographical notices of Strabo and Ptolemy, which are of some use, the materials afforded by the

are worthless. They consist of mere hearsay sure without foundation, and in many cases not in reports, any of modern linguistic and archaeowith the results harmony

source

The fuller and more trustwoithy investigations. accounts of the customs and institutions of Gaul and Germany, left us by Caesar and Tacitus, are no doubt indirectly of use
logical

because they relate to peoples closely allied to the ancient
Irish.
2.

Native

sources:

I have already said that we do not lack the second category of historic materials, at least as far as quantity is concerned ;

their value,

but the quality requires careful and
Irish historical

critical

examination.

The

and legal materials which
first

we

possess in our

vellum manuscripts are in the

place necessarily fragmentary

and incomplete. No early writer in the fifth or sixth century attempted to weave into a connected narrative the legendary
history of the country, still fresh and full in the memories of the bards. And it was long after before any attempt was made to establish a chronology of Irish historical events, and syn-

chronize them with those of other nations.

In the second place,

our materials of ancient Irish history, such as they are, have not come down to us in the language which was spoken at the
period at which the poems and tales are assumed to have been written. Our oldest historical manuscripts belong to the first half
of the twelfth century while some of the most valuable fragments of our ancient laws are contained in manuscripts written
;

INTRODUCTION.
at the

Vll

end of the fourteenth or even the beginning of the

six-

teenth century. It is true, the age of a manuscript does not nebut before we give them a cessarily fix that of its contents the grounds vipon which should well we weigh higher antiquity,
;

this higher antiquity is of some tracts is so obsolete the because conclusive, language
so.
it required to be glossed in more modern language when were they being copied into the manuscript. In other cases, too, we find the grammatical endings fuller and more archaic than

we do

In some cases the evidence of

that

pieces admittedly contemporary with, or only in little anterior date to, the writing of the manuscript itself. a

number of

us to carry irisu mss., But even such evidences of antiquity ^ > J only help written in a or law a few centuries language further back the age i o of a tale or poem mvicli more in which it is contained, i^o<iein than at most than that of the manuscrii^t > the events
•>

./

_

_

...

.

'

in face of the difficulty, that all the tales and^corded; to poems referring pagan times, or perhaps we might say to the first two centuries after the arrival of Saint Patrick, are

and leave us

still

written in the language of
cases
it

much

later times

;

and

this, too, in

where we are distinctly told in the manuscript itself that was compiled from another manuscript written at a certain
of language help us to a certain extent
. • . . .

much earlier period. The decay and ° growth
"^
.

decay ana

to understand

why

J this is so;

prowthof ^ P Ti 1 for language, like every tmngiancunge ex, P plains how
. ,

else in nature, is ever

changing.

Like the

life

from which

it this happens:

emanates,

its

decay

may

be said to be the cradle of

new growth.

Words
word

coalesce, sounds are dropped, or modified to satisfy the

feeling for
is

or greater ease of pronunciation, the same applied express distinct ideas, others gradually cease to be vised in the original sense, differences of physical

euphony

to

nature produce corresponding effects upon the sounds and meaning of words nay, even the idiosyncracy of individuals affects
;

their language. ° '-

could not take place uniformly language of Such changes " •'a count! y \ over a large area so that if a country of considerable extent Ji^fs ""* cliange aniP were originally occupied by the same tribe, speaking the same formiy. language, in process of time dialects would arise. The number
_

;

.

•'

_

^

,

of such dialects would depend, among other things, upon the extent of country occupied and the physical features of the
land.

In a mountainous country, the villages would be in

Vlll

INTRODUCTION.

general more isolated than on plains, and hence the decay and growth of the language, being subject to different dynamical
agencies of change, would be peculiar to each isolated district while in a more or less level country, traversed by great rivers,
;

canals, railways, and other means of easy communication, and having great internal commerce, the growth and decay of language would be almost uniform, and few dialects would arise.

That
and

no

is formed of broad valleys and plains or where there are accessible otherwise, mountains, easily marked differences of physical character and climate, where
is,

where a country

the religion, occupations, form of government,
dialects are only slowly developed.
the dynamic action of na-

etc., are similar,

Xlie direct actiou of nature as a

dynamic agent, O
"' '

is

powerful 1

the language of savages, but gradually becomes insensible h^ianluTT^^ ^^ clvilizatiou advauces. good example of the counteracting than^o/cfvi

A

iizedinen.

influence of intercourse, similarity of phj'sical nature, food, and habits, over the natural tendency to decay and growth of

languages,

is

afforded

by the Turks, who

are

more or

less

mutually intelligible over the vast region from the Bosphoius to the Lena. This is due to the sameness of geographical
features over a large portion of the true

Turkish

area,

and

to

the nomadic life which the nature of the country almost necessarily imposes upon the inhabitants, as well as to the great

displacements of tribes due to the same cause, which have from time to time taken place. Under other circumstances a dialect

may grow up
rations, as has

amidst a single family even in two or three genebeen shown by the distinguished investigator of
the
case

Siberian

languages, Castren, in

of the

Yennissei

Oztyaks. Coutact Or intermixture with people speaking a different anot'herhinl' effects the pronunciation of the spoken language, theffroifuu-^ •^^'^S^^gQ
ciation.

even though the latter borrows nothings from the foreign There can be no doubt that the growth of dialects vocabulary.
takes place most rapidly in the presence of foreign elements. Indeed this is one of the most important causes of linguistic

change.

Languages decay and grow with different degrees of rapidity, according to the dynamic conditions to which they are exposed.

INTRODUCTION.
It

IX
Rceay and
pendent on

may

therefore
subiectecl

sruafifcs
n

happen that of two clo?ely related Ianto difFcrent dynamic conditions, one may
1

other decay so rapidly as to lo>e all its mllexions, may do so slowly, retaining nearly all of them more or less
mutilated.

l^

11

/I

1-11 wliile the

1

dynamic
flutuces.

In-

Jacob

Grimm

has shown, for instance, that the

old Frisian of medieval documents, though contemporaneous Avith the Middle High German, has only reached the same
stage of phonetic decay as the Old High German. The recognition of the true nature of the phonetic decay
.

lano-uaore,

due to

and its Prof Max

refifcneration

.,by

IMuller,

and

it is

the growth of dialects, is one of the most important

f

ir>Ti'

ofr'i'onetic de-

cay first )Ccogniz.d i.y
''''ii'ier

Another principles yet established in the science of language. was of which tlifi true only recognized importance principle, fully by the scholar just named, and which is indeed a consequence of his doctrine of phonetic decay and regeneration, is that dialects are not corruptions of written language, and con,
,

,

.

,

.

.

dialects not coriuptions

of written sequently, that the modern languages which spring up, as it older the of an are not were, by decay language, necessarily

derived from that language, but may have been irom dialects which coexisted with it: that, for example, the Romance lan-

guages are not derivatives of the classic Latin, but the descenThe literary a nterary dants of dialects once contemporary with Latin. language* 1 1 p T 1 languao-e ° ot a country is but one or the dialects whose pho- piioneiic
r•

1

1

1

"^

.

.

.

.

,

netic

change

spoken by
growth.
less
.

arrested, while the other dialects of the country, the mass of the people, continue their decay and
is

crystallization
;

It is a

phonetic crystallization, which
dialects.

modiHed by the growing
J.

maybe more or But the amount of becomes
1

cc. Tx C never sumcient to preserve a literary lanouaefe Irom dead lan^ giiage. becoming dead. In a country having a centralized despotic government, existing for some centuries without many radical

necessarily a

change

is

.

.

.

'

where

changes, and especially if the government were theocratic, and literature would be the office of a pri\ lleged class, the
;

;

written language would undergo but little clninge it would, however, rapidly become a dead language. It is evidently in this way we are to explain hieratic and other fticred and occult
a revolution to occur in a country circumstanced as just described, the dead language of the literature would be found to be supplanted by a new language. In a
writings.

1

r

|

,

Were

X
free country,

INTRODUCTION.
tlie

on would be more
feel

other hand, in which literary cultivation

or less diffused, the written lanaruas^e

would

almost continuously the dynamic power operating on the spoken language beneath; the action and reaction of the

spoken and written languagesf would retard the growth of the one and the decay of the other.
Literary

language sometimes changes with the spoken language
;

Again, in a country divided into numerous petty
to

states,

sub-

and foreign intrusive elements ject the affecting phonetic system of its language, and where, although many writers may flourish, no great ones could arise whose authority would fix for a time its orthography, the
internal

dissensions

written language would always coincide with the spoken, and, conseqviently, change almost equally with it. In this case, we

may be considered a language living rapidly. In reality, however, it would be merely the want of what may be called a classical period which
would have
crystallized its phonetic system for some time, of spoken language to go on devethe under-current leaving In the former case the literature would, as it were, loping. float down the stream of popular language.
was the case with
this
Irish lan-

should have the example of what

The
and

last

paragraph describes accurately the Irish language
:

guage.

no fixed standard of orthography, no Every bard, as he copied a poem or story, wrote not it, according to the orthography of the text before him, but spelled as it should sound to the ears of the time. Sometimes a piece was literally copied, and then had to be glossed.
literature

there

is

classic type.

Now, the pieces thus written are in general not such as would be recited by a bard at a feast or fair, and therefore did not require to have the orthography adapted to existing pronunciation.
Language of poems and
prose tales
constantly-

But there
tales

is

another reason

why

ancient bardic

poems and

should not appear in manuscripts of the twelfth century

adapted to spoken language.

in the archaic language in

which they were first composed. Those poems and tales were learned by heart by the bards, and recited by them for the As princes, at fairs and assemblies. the language lost its inflections, and some of its words and expressions became obsolete, and new ones were taken up, the bards naturally adapted more or less those tales to the Ian-

INTRODUCTION.

XI
that

guage of

tlieir

hearers.

There can be no doubt

many

copies of tales in our existing manuscripts were not taken directly from old books, but Avritten down from memory. This accounts for the different versions of the same tale which

may be found

in manuscripts of almost the

same date

— one

version being often in very archaic language, retaining considerable relics of the case endings and fuller forms of the personal endings of verbs. If we had no other means of determining the age of the materials of pre-Christian history we possess, than the language in
at

which they are written, we could not go back farther than, But many of the most, the middle of the ninth century.
.
-,

.

pieces bear internal evidence of their real antiquity.
,
. .

,. The heroic
.

internal evidence of anticmity in

.

.

.

many

tales.

period of Irish history has left as indelible an impression upon the popular mind as that of Grecian history upon the Greeks.

The

tales relating to the pre-Christian

period have in some
tradition, preserving

form or other floated down the stream of

in the midst of a richly developed Christian mythos much of their original pagan character. Of course they did not all with While some have this character equal fidelity. preserve
all the characteristics of the legends of a primitive people unaffected simplicity, truthful descrij)tion, confiding faith in the marvellous as the result of supernatural agency, and not introduced merely as part of the plot of the tale, others, on

the other hand, show unmistakable evidence of having been In the pieces thus recast, instead of derecast by later bards.
scriptions which, though often highly coloured the poet, retain always the outlines of reality,
rally a string of almost

by the fancy of

we have

gene-

accurate image to vellous, often introduced merely to heighten the effect of the tale. This is the character of the greater part of the bardic literature of the twelfth, thirteenth, and later centuries. The

which convey no the mind, while they abound in the mar.

synonymous

epithets

have printed in the Appendix
is

episode from the tale of the l^din B6 Chuailgne^ which I to these volumes, is, in my opinion, essentially pagan, notwithstanding that the language
that the tale

not older, at most, than the tenth century. I do not mean is word for word as the pagan bard composed it.

Xll

INTRODUCTION.

the orthography only being changed, but that Saint Kieran or whoever committed it to writing in the sixth or seventh century, did no more than write in the language of his own time

what had hitherto been preserved in the memory of the and transmitted orally from one to another from pagan

bards,
times.

Many of the tales hitherto published, especially those by the Ossianic Society, afford examples of the bardic literature
which has been
recast,

altered,

and amplified

at

various

Even here the periods since the Norman invasion. of real chanofe made in the recasting of older leorends
little.

amount
is

often

them have been so little intrinsiIndeed, many very that the manners, dress, arms, and ornaments, are cally altered,
of
Localization of person-

often as faithfully represented in the recast tale as in the original. r~^One of the most characteristic features of Irish historical
i

asesand
events a
characteiistic of Irish bardic tales

;

with great minutcness and accuracy the ancient topography of the country. We can follow the line of march of an army, or of an individual warrior or bard, with nearly as much

-^

dennite localization of all the person' legends aiid poems, isjlie ^ -— -~'-"'Z-'" It is possible ao'cs and mcidcnts of the tales. to determine ^ —
'-^

•iir»-i

!••
" ':

r

^^

^

.

.

.

——
;

-

.^_

This circumstance affords certainty as we could in our day. us one of the most valuable tests of the antiquity of a piece. There are several places the names of which are derived from those of persons, or from some particular event, the date of which can be relatively determined with certainty that is, can be shown to have been contemporary with or

posterior to certain other persons or events. were previously known by other names, which
lete after the introduction of the

These places became obsoIt is quite

second names.

clear that if
piece, to the

we found
it

those old

names used throusrhout
ones,

a

exclusion of the

new

we should be justified
fea-

in assuming that
ture

was older than the change of names. In the recasting of tales and poems this topographical
is

seem

in general well preserved, a circumstance which would to indicate that the tales were either simply abridged or

being,

amplified, the chief events and descriptions of the original when retained in the new piece, left unchanged.

Thi^
1

may be

accounted for by two circumstances: first, that no great displacements of people took place from about the^

INTRODUCTION.

Xlll

second century after the Christian era, to the twelfth cent tury; second, tlaut the bardic institution existed in unbro-j

/
'"'''.<.

ken succession during the whole period, while the circunvf stances of the country which immediately succeeded the introduction of Christianity were more favourable to the transmission of old tales and poems than to the production of newones. There can be no doubt that if the circumstances of the

country had been favourable to the development of literature from the tenth to the thirteenth centuries, we should have had

ture,

more complete and more artistic recasting of the old literaand that accurate localization of the persons and events which characterizes our ancient poems would be replaced in
a
absence of
iti^
•'

or wider to limits. This is Sfreat ^ part by vague ffeofj^raphical ^ o r ^ in of the Welsh exactly what has taken ^ place many poems
•'
'^ .

Welsh
h.

an<i Ji-

.

.

German

attributed to Taliesin, Aneurin, and other poets of the sixth pjems. These poems bear incontestible evidence of having century.

been recast in the twelfth or thirteenth century. Indeed some of them ajipear to be altogether new poems, mere imitations

So, too, the Niebelungcn Lay, Gudrun, and other Middle High German poems, as well as the Trouvere Romances, have only preserved the slenderest topogra-

of the older ones.

phical connection with the original scenes of the events of the poems and tales; while, from the analogy of most original
early poetry, we may assume that the primitive legends, from in the twelfth century the poems above mentioned were fashioned fixed the locality of every deed and every adventure.

which

,

The fragments

of Irish laws preserved in our manuscripts

Date of Irish

belong to every age, from the alleged codification of the an-ments. cient laws, in the time of Saint Patrick, to the seventeenth
century.

Some
us, if

carrying
threshold.

of them are unquestionably of high antiquity, not into pagan times, at all events to their These ancient laws do not appear to have been

recast in the sense in

which I have used that word in respect The only change which apparently was of poems and tales. in made consisted copying the tracts in the current orthooraphy.
this
is

the case in many instances — even
;

Where

the vocabulary was archaic and obsolete
this

— and
to

change was not

fully carried out

but a commentary was added, as

much

XIV

INTRODUCTION

serve as a kind of translation of the obsolete text as to explain Again, the case-endings of nouns, the perlegal difficulties.
sonal endings of verbs,

and other grammatical accidents were

rarely written out in full, but were expressed by contractions. scribe copying these contractions would in most cases read

A

the word as

it

was pronounced in

his

own

day, or employ a

new contraction which would express, the new modified and crippled forms.
be traced in

not the old ending, but Evidence of this may

many

of our manuscripts. In dead languages, such

as Latin, this

could not of course occur, or only to a very

limited extent.
Aire of

law

Tlic principal manuscripts containing fragments of ancient Irish laws are not older than the fourteenth century, and some

belong even to the beginning of the sixteenth.

Yet

if

we

compare the language of some of those fragments with some of the oldest texts of poems or prose tales which remain to us, we shall find that the vocabulary of the law tracts is much

more obsolete and the forms

in general

more

archaic.

It is

true the difficulty of the translation is increased by a number of technical terms and by a peculiar elliptical style, which are
characteristic of the later as well as the earlier

law

tracts.

the obsolete words which required to be glossed and explained in the fourteenth and fifteenth centuries are nume-

Among

Giosse.son
Irish laws prove that

rous

had become obniiiny

tcrms connected with the social organization of the !•• and the iudicial administration. This implies a correpeoplo ^ ^ in and thus that a sufficient time both, change proves spouding

,.-,..,,..
"^

.

'^

.

,

__

had elapsed since the manuscript laws were in force to efi'ect a change in the character as well as in the language of the laws in use when the glosses were written. Of the extent of this change we have some very curious and valuable evidence in an entry in a vellum manuscript classed MS. H. 3. 18, in
the Library of Trinity College, Dublin, compiled by an industrious legal scribe in the county of Clare, between the years

1509 and 1511.
different
classes

In a fragment of a tract in
of suitors,
are

this

book, the

various courts held in ancient Ireland, and the officials and

mentioned.

The compiler
length, abruptly

attempts to give an explanatory

commentary upon each court
it,

and the persons connected with

but

at

H. and the poetry. and the singular tenacity with which they preserved traditions and poetry.. families of lawyers in that county could but very imperfectly understand the most important part of the legal organization of those times. 1509 the of descended of a family of lawyers of considerable repute. MS. institutes conquests. in England. did not understand the organization or even the functions of the ancient courts of Ireland. . Except where ffreat displacements of people took place from Laws ami -1 -. In 1509 the Clare. octi-p An-o|Miitn jaII aca 1409 Aeiv 111 •Oomini". notwithstand- ing the Norman Conquest. or some great social revomtion had chansfed theofnations do not 1 T T r whole political condition of a nation. 24 b. 3. 18. Trinity CoUegeV Dublin. and in fact of all professions among the Irish. the general character of^hai^gera- 1-1T1 1 • 1 • • the law courts and the judicial procedure of European nations underwent change very slowly. he confesses his inability to do so in these naive words: in this anno. historiographs. the Leet Courts did not materially change their general character from Saxon times to the period of the Tudors.INTRODUCTION XV ending his commentary. and the beginning of the sixteenth Perhaps the following considerations may help us to form some opinion as to the extent of that interval. " [I am and it is in the Lord". institutions of the ' seventh and eighth centuries would not J ' "troice-oA An Aicjeonc ifiii Atinofo.' It is clear age from what he has written that he Dniim the] laughing-stock of mockery Gall I am.— Entry at foot of p. judgment of a Brehon was delivered. Here we have decisive evidence of a consiheld in their century. there seems no reason to doubt that under similar circumstances the change in the legal institutions of Ireland would not have been more rapid than the corone in and responding England consequently that the legal . and genealogies of olden times still lived in the memory of the people and yet the representative of one of the chief . historic tales. Irisli laws were still in force in the county •' of^'<""*ions unintellic'ible which was indeed the part of Ireland in which the lasti"i^09. derable lapse of time between the period when the courts were full state. previous to the full development of the modern parliamentary system. Considering the hereditary system of judges. Thus.

numerous small states into which the country was divided. and which is. . m . . as we shall see. the political and legal organizations of the country began to be broken up. . 3. as with that during the Anglo-Norman times. no one who hnows anything of the history of Ireland. on the other hand. The political and legal organization indicated by the tract just mentioned. which existed after the arrival of the Normans. wi'rtftiie^^^ Immediately preceding the Danish wars the condition of Ireland was. . Patrick. they were. so difficult to have been sixteenth century. Again. at tlie end oi the eighth . the higher courts of law fell into desuetude. I shall presently discuss at some length. and with those during ihe Viking 01 expeditions. especially the frasfments the ^ MS. published in the Appendix to this work. were mainly directed to the conquest of the western shores of Britain and . and with the continuous feuds between their chiefs. . . r> i . '^ man times. and the whole judicial organization became irregular and territorial. n i or beginning of the ninth century. . iust mentioned. which for three centuries previous to the arrival of St. Irish laws understand in the beginning of the 3. and that with the anarchy resulting from the almost continuous incursions of the . 18. North-men. eminently suited for the development of so elaborate and advanced a social and political state of things from the fifth to the eighth century. Apart altogether from the fact that the compiler of H. . . and from the character of the language. shows biewith the . above given. and the weakening of the ties which to the bound the several clans or territories to each other and central power. „ . sufficient evidence to convince him that it belongs to an earlier time. we find in the Crith Gablach and other ancient The whole energies of the country. as incompatible with the state of things which existed during the Danish wars.Mate of things in AngloNor- The political and social organizations of Ireland revealed by of laws which are still extant. in my opinion. are wholly incompatible. that he copied his book from another old book. as the entry in H. .XVI INTRODUCTION. . „ - . . tells us. .. . . . organization as tracts. there can be no doubt that from the commencement ^ i the Vikiug expeditions to Ireland. will fail to perceive in the law tract called the Crith Gablach. from the twelfth to with the statc of isolation of the . /- the sixteenth century. 18.

that is. which led the first Viking expeditions to the have no positive data for determining the poIrish shores. a population numerous for that Period.INTRODUCTION. ^ Kieran quoted by Dr. Spain. as. to piratical expedition?. in a life of St. External peace. especially the abunpresent. and commerce were not the only circumstances ft"om p^^^'J^'^^iJ jPowhich we may conclude that the social and pohtical institaj.^]^. authorities of Nantes were desirous of sending Columbanus back to Ireland. century.^^^***"' tions of Iicland. commencement down even St. pose just ready to as the life of the saint informs us. 22. Ibid. Vifa S. setting foot If the state of Ireland « from the commencement of the VikAdamnan. the results dance of gold. XVU and mis- were turned to religious life sionary labours. The country abounded in wealth. about three was carried on beintercourse considerable one the foUowinoWhen the even and tween Ireland. Gaul. Int. but there We pulation are many ways named in proximation just to the truth. they had no dlffindty in finding a ship for the pur" sail quae Scottorum commercia vexerat". to Marcellus. The culture of such men as Coluinbanns. Scotus Erigena. cap. in the period from the mission of St. idvanced^ wealth. Columbani. were highly organized. Patrick to the of the expeditions of the Northmen. quoted in Ileeve 3 note. is a still more striking of a very advanced social and political the existence of proof lite in Ireland at that period. of Ireland in the sixth and seventh centuries. . Reeves f while the poem on the Fair of Carman fully records the tradition of the customary presence of foreign merchants (there called Greeks) at the Irish fairs. which we may indirectly obtain a rough apI have no doubt that at the period the population was fully equal to that of the last In tliose centuries and millions.^ We find repeated mention of wine imported from France. of the pillage of former times and the peaceful labours of the It was the fame of this wealth. Dicull. and many others. long afteT the devastation of the country by the Danes a culture which they had in great part acquired be- — fore on the Continent. the founder of th e ^lusic Sch ooLpf Gall. for j j instance. Virgilius. p. Britain. ii* Jonas.

showing that a recasting of the originals had taken place perhaps with a view of making them more intelligible by prose paraphrases.XVlll INTRODUCTION. or under some particular sovereign. the perfect tale was lost for ever. and that where we find a tale told partly or wholly in prose. heard sung or narrated. are little more than than scraphooks. find the whole body of laws in force at any particular This We period.* But many of the law fragments which have come down to us consist of a mixture of prose and poetry. H. the old Irish laws were written in verse. or as I have already remarked. Even some of the older lives of the saints / ' were in * verse. and if it be that the latest period at which those institutions could have attained their full development was the seventh and eighth we may safely assume that the fundamental principles of those institutions belong to far earlier times. 360. 18. example the Cain Fuitlirime. Irish laws belong at latest to tbose centuries. it may be considered as a \ / recasting of the narrative of the original. as I shall show presently. or commentaries. was incompatible with the growth and full development of the legal and political institutions which the existing fragments of old Irish laws represent. there can be no doubt that the filling up the in the poem by prose gaps narrative is meant. They are. based upon the territorial divisions Irish little MSS. and doubtless the laws of all early nations. Like the old Scandinavian. into which the compiler copied whatever he could find. ing expeditions until the fall of the Irish judicial system in the sixteenth century. mere scrap books. tales mention of such a codification. 3. centuries. In many is instances the poem or tale is only a frag- ment. The majority of existing Irish MSS. and I think that the occurrence of prose in MS. such as the law tract published at p. . beyond doubt. p. 513 of the Appendix. which. although there as for is Ii ish laws written in vcrsj. the most im-| portant in every respect of all the heroic stories of ancient! When we are told that Ireland. The legendary history of the discovery of the Jam B6 Chuailgne. Anglo-Saxon. b. more of the country. It is probable that all the early historical were originally written in verse. fully bears out this view. where no especially true of the law manuscripts. were of pagan origin. and that only a fragmentary and broken form of it would go down to posterity.

or even of stone buildsmall early churches. to avoid the danger which their discovery would entail at the visit of the local yeomanry. During the first part of the eicfhteenth century.INTRODUCTION. exposed the residences the ings. such a life is XIX either a later addition or a proof of the recasting of the narrative by a later author. observation which I made. or a vestige scarcely an echo of Irish would have reached us through the tory of the ancient to a certain medium of written documents. The There was no safe place where books could be securely preserved. tal fires. page xvi. to see how far the poems and : tales relating to that period found in MSS.fragmentary Norman invasion. THE FOREIGN RELATIONS OF IRELAND IN THE CENTURIES IMMEDIATELY PRECEDING THE INTRODUCTION OF CHRISTIANITY. and I have seen Irish MSS. or of native chiefs. a new source of evil arose. is to be expected causes tiut from the state of the country. that previous to Patrick the energies of the Irish were mainly directed to piratical expeditions and the conquest of the western parts of Britain. It is marvellous how much of this fragmentary literature reached the seventeenth century. the possession of an Irish book made the when owner a suspected person. committing memory of the laws or histhe poems. or the still more frequent burnings and pillage during the almost incessant forays of the stranger. An the mission of St. not merely after the Anglo. demands some further discussion here. fortwo reasons First. In some parts of the country the tradition of the danger incurred by having Irish manuscripts lived down to within my own memory. and there can be no doubt that were it not for the duty which was enjoined upon the several fessors of classes of learned pro- number of pieces. which had been buried until the writing had almost faded. This fragmentary character of Irish MSS.. and was often the cause of his ruin. and the margins rotted away. except of the nobles and poets to frequent destruction from accidenevent. It seems to have been ever the task of one generation of the Irish to gather again the scattered leaves of its predecessor. but for nearly three centuries preceding that absence of walled towns. means of directly connecting Irish personages afford us any and events with 2 b* .

and thus get as it were a measure of their accuracy. are of much less value both from a l The — pond these chiefly oxuny. accord- M edl) aiid her husband A Hill. several other British tribes appear to have had branches in Ireland. those of other parts of Europe. . f. Besides the Damnonii.l. among others the Biigantes. to the pagan character of the most important of the early tales. to the second century. therefore. / ireiaiKi. customs. is stated pedition to have been a British prince wlio had been banished ^^ land Conaire Mor. Gauiisii the Tciin B6 hi^thTpIy of Aiiiii js'ai'i considerable That great romance speaks of a Chuailgne. a foreign race against ^ Pei'haps the Colciisti. • every point of view refer to what has been very appropriately called the heroic period of queen Medb and Concliohar Mac Nessa. In the story of the Brudin Dd chu' Daderga we find mention of the presence of many foreigners. among others of Saxons. R. of Ferdiad and Cuchulaind^ which is considered to have of the Christian era.^ talcs are \'^ frequent. but from other accounts he appears to have been the son of a prince of the Connaught DamMarriage of iiriti. supposed to have occurred in the -i four ccnturics of the Christian era.A. by a British princess named Bera.XX INTRODICTION. Cjj from his own country. to evidence of the state of Ireland during as trustworthy I have already expressed an opinion as the later pagan times. to see whether the relations of the Irish with the as to Romans were of such a kind be likely to influence their tales relating to events n i Of the " Heroic Tales of the first Period".vh. fuU of instances of such alliances. It is from the first class relating is of tales that Professor O'Curry has drawn his best materials It to the manners and customs of the ancient Irish. 228. the leader of the piratical exso graphically described in that fine tale. upon determine how far they can be looked necessary.» ^ ggg Vellum MS. A . CuscracJi. or laws. not merely with the British. daugh" The annals and ter of the king of Britain of Manand". at the court of the monarch of IreIngcel. but with the Picts and other races of Great Britam. ' noniaus. Several tr'ibeshad Vii \\ whom [inches in Aerigus . the most valuable in . a. Book of Lccan. and secondly. corresponded with the commencement the later and very obprose and poetic tales celebrating is which Ossianic scure usually reckoned to corresperiod. the »'''®5 dress. of Gaulish mercenaries in the service of body '.^'^*'*" historical and literary point of view.

was murdered by his own brother. Loingsech. The interference of neighbouring peoples in Irish struggles . the former. a inonarcli of Ireland considered by some of our annalists to have lived in the fifteenth century B. fought about A. we must either assume that the race made its appearance in the northern struggles before they became known to the Romans. 195. An important observation of Tacitus. O by the same name. described as Franks.Frequent foieiu'ners commencement of the quent mention of foreigners engaged in the civil wars of the The Annals of the Four Masters inform us that country. who was forced into exile when his grandfather. who then usurped the throne. and Baxter at Kirbyto for thore in Westmoreland. And again. we are told. is recorded have fought a battle.D. to had the aid of foand Albanians. Saxons. lighernmas gained battles "over the race of Emher and others of the Irish and foreigners beside".. there is fre. tioned is war'sln ire also stated to have fought If these were a tribe of the people DO known The Aengus above men" later ajjainst the Lonj^obardai". X\i Olmucadha. Laeghaire Lore. which Horsley places at Appleby. from which it is supposed thCj^name of the province of Leinster is derived. shows us that at least one Irish prince was in the camp of the Roman general. we are told that he came' back from the) foreign countries in which he lived during: his sfi'anduncle's reign. between 3Iac Con and A?t. son of Conn of the ! Hundred Battles.INTRODUCTION. and en- deavoured to induce him to invade Ireland. -. may also have belonged to that tribe. by a later scribe. that oi' Ifagh 3Iucreimhe. Britons. we find mention of a town of the Brigantes called Calatum. that the name was interpolated Again. called a Laigen.C. or that the time of the Irish monarch falls within the Christian era or lastly. In our annals following the for the centuries immediately preceding and Christian era. reigners. which I shall have occasion to refer later. near the present Athenry in the county of Galway. in the curious history of Lahraid . accompanied by a body of foreigners armed with a kind of spear. in one of the most celebrated battles in Irish story. for the earliest mention writers is of them by Roman by Tacitus and Suetonius in the first century. Agricola.

to flow. whose death is placed in the beginning of • . on which "occasion he obtained the sovereignty of Alba". Alba. the sixth century B. whenever. Conall Cernachy " to go over the sea eastward into Britain.. 400. Magh Rein would therefore be the " flowing plain". but it is much more between Cornwall and the coast of Britanny. pew. and which is described by Professor O' Curry in his lectures.. Under the year ad. about the beginning of the Christian era. Rinnan. Goth. over the Muir NicJit. One of the most romantic tales of the heroic period is connected with a plundering expedition to the Isle of Man. The legendary history of Crimhthann Niadhnair. in the eighth year of whose reign. The only value of this legendary journey is the tradition which it preserves of fre- quent foreign expeditions. is the one referred to under this name in the ancient pagan tales.XXU INTRODUCTION. 100 to ' A. ' . These expeditions began. from foreign invasion Or internecine war. In the ancient tale called the which belongs to the same cycle as induces the hero. Compare also Sanskrit ri. or the neighbouring coast of British and Gaul. or English channel.D.C. offered a weak point of attack or sufficient inducement to plunder. Christ was born. the Irish shared in the general * movements of the people . Greek. and the exile of Cormac across Magh Rein^^ that is the " Plain of the sea". etc. in order to recover his plunder. Britain. 240. There can be little doubt that in the period between B. this tale for part of tlie Tain Bo Fraech. until they reached the Alps". Cf. contains an account of dition \' some wonderful jewels which he brought back from an expebeyond the sea. or at least became more frequent. the Four. or that part of it ^ Tuscan or Tyrrhian sea was certainly known by name in the Ilth and 12th centuries. « The Irish led naturally to the converse. . Fraech ' Saxony to the north of Lombardy. whence Benguli O'Curry mistook ' lina. in which Cuchu5 . laind and the celebrated West-Munster king Curoi Mac Daire took part. Ugaine M(Sr. according to the Four Masters. A' previous monarch. over Tochmorc Trehlainne^^ that just mentioned. Masters record the battle of Magh Techt. Old Norse Renna. is described as "king of Ireland and of the whole of the west of Europe as far as the C v Afuir Toirrian\ called the this The Mediterranean sea. flowing. ' likely that the sea ' and perhaps part of the ocean to the mouth of the Loire. wars.C.

indirectly gives us the character of the people. p. as Professor O'Curry cotu. During the first three centuries of the Christian era. Lynch. as it has invariably races in first centuries of 11 1 1 IT led everywhere. were the burthens he imposed upon the whole The Scoti or Milesians concountry. but distorted by those who have transmitted them. no reliable data to confirm the hypothesis. in turn made Aithechs or and De Tuatha the Danand. explained the word. Tuatlia as "giganteam gentem". vol. O'Donovan® which agrees in the main with O'Curry 's looks upon them as descendants of the Firbolgs and other colonists who were treated as a servile and hostile race by the dominant Scoti. These revolutions are of very political revolutions occurred. and one. and that they themselves by their incessant inroads upon the coast of Britain materially assisted in establishing 1 ^ v ^ Saxon domination there The internal struggles of hostile races. quered and so grievous tenants of them. the period at which the revolutions are supposed to have occurred . though not strictly correct. 1 • i • • i i "^ 1 1 1 1 the other. by " Plebeiorum hominum genus". in his Camhrensis Eversus. '\/~^ and the rent-payers were chiefly the Firbolgs. and so tries. O'Connor interprets Aithech direct evidence in its favour. no doubt suggesting the There are. althougli there is much inDr. our according legendary history. and have accord- ingly taken care not to put their opponents in a favourable These revolutions are connected with people called AMech xna light. was the first who imposed rents in Ireland. note m. naturally led. or as some think two. and external aggres. The latter belonged to the dominant race. They are usually identified with the Atticotti of Roman writers.u of r n T sion 01 the dominant one. and rebellion on our era. that he was deposed. Dr. to tyranny on the one hand. however. ' it has continued as in most other coun- each succeeding conquering race obliging their conquered of the Annals Four Masters. Breas Mac Elathan^ one of the Tuatha De Danand kings. great interest.constant stiugg'. and the resemblance of notion of their identity. Aithech Tuatha. or rent-paying tribes. i. an explanation Dr. 95. . to This opinion is supported by tradition. the war of races was constant. for. but unfortunately the accounts of them are not only obscure. names.INTRODUCTION of XXIU ' northern and western Europe. That explanation.

or. and English. king of South Britain the third was Aine. Gauls. Umorians. 9.a. a. . king of the Cruithent^laiih. 1° This name is interesting.XXIV INTRODUCTION. being at the time pregnant. The first year of the reign of Cairpri had killed the nobility. it is stated that the tract was copied from the Book of Glendaloch. a. 140.7 if there Crimthann Niadhnair. to be there absorbed. This be. "The age of Christ 10. a fact which should be remembered by those who over the qualities of " pure Celts". The entry for the following year is: near Dublin. king of Alba. 9 or 10. or Picts." the kingly race was preserved by three queens. or tenants of to-day are composed of the descendants of Firbolgs and other British and Belgic races. In the ^Annals of the Four Masters he is absurdly called king of iSaxony. the second was Gruibo. daughter of Gortniat. it betrays a striking family likeness to the names of the kings of Wessex.d. each successive dominant race having driven part at least of its predecessors in power into the rent-paying gradually falling into Tuatha De Danands. Fomorians.^^ the great king of the . Cruife. as he is styled in the Annals of the Four Masters. the daughter of Luath Mac / Derera. ^ South Saxons. cait as king. except a few who in which the nobles were murdered from the massacre escaped Tuatha'\ This the Aithech massacre. although it cannot be identified with any of the Saxon kings' names. we are elsewhere told. about ad. is theorize and labouring ranks beneath them. whoever these may of the Aithech Tuatha revolutions. or the Bloody Plain. or. by Cindcait. died at his Dun on the Hill of Howth. occurred. whither they were invited to a feast by the conspirators of the Aithech Tuatha. according to the Annals of the Four Masters. First revoui tion of Atli eotti. in the county of Galway. or them themselves. for. who then elected Cairpri Cind- According to the story as told in nearly all our \ ancient manuscripts. Norwegians. Anglo-Normans.). daughter of Caindi. as she is called in the annals just referred and to. Milesians. indeed 1JT/. after he X took place on Magh-Cro. The first t ' were more than one. AngloSaxons. The Irish Aithechs predecessors to pay tributes and rents. wives of the lords of Ireland. '•' Baine had a son called Feradhach Findfecht- ^ In the copy of tbe tract coutaining this story in the Book of Ballymote (f. One of them was Baine. We are told that the monarch.

squeezed him to death. surnamed the mended the restoration of the princes so providentially preserved.INTRODUCTION nach^ 01 the Fair Righteous. and his " Just". ]\ISS. he is mentioned a. now the Hill of Skreen. died. a second revo. Morand. 36. it would appear.-^ Hundred Battles. XXV who is described in the Annals under the year a. the Four Masters.d. to the succeeded monarchy. king of Ulster. bore a son called Corb Olum. by the provincial kings. The "^^ leader of the second insurrection was Flim. by the Tuathal above mentioned. as the son of of the Four blasters Crimthann Niadlmair. according to the same Gruibo. annals. . and was the ancestor of Magennis and other families in the east of This was the Morand about whom the legend has Ulster. after a reign of five years. the V f >c jr blind king of Munster. or the <• legitimate. from whom are descended the principal families of Ulster and Connaught. recomson. tor of Con7i of the ^ Feradhach became monarch of Ireland. leaving his wife. Corb Olum became king of Munster. . •^ ^ come down to us.^ mote and other Finnolaidh. but in the tract in the Book of Bally. of our Lord 56. from whom are descended the principal families of Munster Tiprait Tireach became king of Ulster. and progeni.d. king '\ of Ulster. daughter of the X king of Alba. Tuathal Teachtrnliar. near The latter thereTara. or Cruife. as he is reported to have fought no less . Mac Firb. Cairpri Cindcait. and is said to ^ ''' have reigned for twenty years. expanded until it reached the earth. when put about the neck of a guilty person. but when put about the neck of an innocent person.second ictoAccording"^ ° to the Annals of lution. son of Conra. as the son of Fiachnadh ^ who was killed 56. who was married to Fidfech. though not. Fithne. like Cairpri became monarch. that he had a collar which. and Aine. upon without great opposition. he was at the battle of Aichill. pregnant of a son. "^ Mayh-bolg (now Moybolgue. however. slain In the end. who was married to Breasal bore a son called Tiprait TireacJt. when the Fiacha in the lutlon took place year Finnfolaidh above mentioned was slain at the slaughter of ' . and progenitor of the celebrated Olioll Olum. who who afterwards became monarch of Ireland. refusing the crown. in the county of Cavan).

the dentially But the confusion of the narrative of the Four Masters attains a climax when. or the Lawgiver. O'Donovan. It is important. •^ and require to be very The Annals of the Four Masters tell us that Crimtliamx died quietly at his Dun." contradictory and confused narrative of Book ^ His account " Annals of the Four Masters. These accounts The accounts carefully J of these revoiutiona fused. In the second revolution the chief actors are provincial kings. this Fcidlimidh having been. is also a Baine. than one hundred and thirty-three battles against the various tribes of Firbolgs and other non-Scotic peoples in the country. . notwithstanding as the Dr. makes Cairpri succeed Fiacha Finolaidh. the son of this Feidlimidh the Lawgiver. in the children. the prince restored by Morand. 9". 56. who was not yet born in a. stored. are very confused. the usurper succeeding to the legitimate sovereign without any interregnum. wliich I quotcd above. while it is implied in the account in the Book of Invasions that he perished in the analyzed. was slain by an Ulster prince of the / same name as the restored Ulster prince who escaped so provimassacre of the first Aithech Tuatha revolution. royal line was cut off.D. son of Tuathal. According to the Annals. ! Keatiiig's like tlic tract in the cotticrevo- of Ballymote. and thus gets rid of the first Aithech Ttialha > revolution altogether. a massacre at a feast. is certainly quite as conthe adverse criticism of Dr. p. one. Caiiyri Cindcait obtained possession of the throne immediately after the death o^Crimthann. and in other MSS. who are subsequently reThere is the further confusion that not only is the mother of Feradhach. under the year a. Lynch and sistent. 15. but the mother of Feid- ^' limidh Rechtmhar.d. note. i.JCXVl INTRODUCTION. by which the whole of the first instance. it makes Feradhach. Again.d. save. A. daughter of the king of Alba. that the plot in both cases is the same an assembly stored — of the people. restored to power after what may be called a third revolution. like his father. 10. however. or they must have been themselves usurpers of the party of Cairpri. king of Ireland Keating. the daughter of Baine. who must have been either the immediate legitimate successors of the very men re- by 3Iorand after the first. J revolution of the Atticotti. the celebrated Conn of the Hundred Battles. three unborn and in the second.

payers. JBondraighe. Dal Muide. Corcuige. Ludraighe. McF. D. and Tuath AitheGaileoin. Tuath Fidga. (0) South Leinster. Corco Muich. and the free clanns multiplied over them. etc.e. Corco Ainge. "I he Gadeoin in the province of Uiscide". Tuath Bibraighe in Corcolaighe. county Benntraighc.. Uraighe. namely fortyeix tribes. Dal Mecon. Tuath sellaighS^f " Tuath Brecraighe upon Leinster. Their Tuatks follow here: Tual/i Tuath Fochmain. Teocraighr. (2) Offaly— the baronies of Kast and West OfFaly in the county Portnahinch and Tiniiahinch in Queen's County.Leinster. ut est hie.^^-* Bnidi. Lough Gower or. The Kent-paying were — E of Meath J . county oi Imokilly.('^> and on Almuun'^'^) [and the thirni. Dal Mochoirp was established over them alter they Dal Mendato. Corco Dega. Tuath.<-^o^ and Ochuinne. Tuath Fidga upon the Forthumogad.'-'^^ uis. Tuath Mauaige. Tuath clida. Tregae. Tualha Failgi^^^ and on the Fotharta AirFirbb. Tuath CathTualh Stn-Chiiieoil. Calli-aighe. Tualh Connraighe.^^^ Cruithnech. (5) Pait ot tlie counties of Wicklow and Carl . north of (za6a/-. Tuath Fidhga. County. Tuath Tuath Hemonn in the Uecies of MunTuath Carraiq in Ui Lia^ ster. Cathraighe. Dal the bondage rule of the lords of Eriu Maigni. Tuath and in the Resent Uinoir. Tuath Fardthe North]. Tualh Currat. viz.. and especially by the lists of tribe names of the Four Masters. Tuatha Mac Derbchon in Feara Mui(1) Probably Loch Gabhon. ganacht of Cashel. Bladliraighe. (7) The territory included in the piesent diocese of Ossory. 2'ualh. soKeatmg's ^"'" far as we can of it judge by the traditions which have come ootuc°f lutioa. Dal Muig. Tuath Mac Derbhchon. Glosraighe. Boecraige. Liiffrdtghe. Corco Soilchend Maiglii. Tuath ata'^^ of Leinster. and upon Ui CennFer More. Bibraighe. LaGahhraigh.<^'> tha7i. upon Ossory. Tualha Selli. Fochmann in Ui Fochmaind. Tuath Semonn. Tuath Martini. county of Cork.-'^')and three divisions upon tliem. " : — of Kildare . Condraighe. Tuath Sen-Erann. county of Tipperary.^^') raige. Tuath Aitliechtha. Tuath Guaire. and the part of King's County in the dioin the King's cese of Kildare and Leighlin (.brech. down to us. and Bantry. Dal Mochon distributed throughout all Eriu. Tuath Maistini. Choncobairni. Corco Bili. Brughraide. luath TreiTuath Biob. and they were subdued.INTRODUCTION.. near Dunshaughlin. Tuath longs to it of families.payers now distributed tlieniselves over Kriu after the extinction of lier free children and her free men. Tuath Aithechda Tuath Sen. Tualh FcrSouth of Gabur.w. Dal Mathrach. Tuath Cruithnech [of Tuath Buain. and Dal n-Didail. Granraighe. Tualh in Ui Mac Cail/i.] Emeurighe. McFirbis]. Bcare. Logore. of Waterford. The / ruling and of the paying classes. Tualh Brecraighe. county of Kildare. the lands on wliichthey served [i. Saith'2 "The names and n Eibluirg. Tuath Cregraighe. Sedraighe. Tuath Dicaigne".were upon the east of the Litiey. [Ui Jrailge. Tuath Tuath Treiihirm in Mag Bregmn. i. Corco riffhe. Cathbarr. Semrighe. Tuath Mac Umoir. to the Cairige. For all the men of Eriu were " free. Tuath Airbrt. as attached to the land. D. Tuath Gebtine. (12) Baronies of West Carbery.e. Tuath Fer-Ninais. Nndhraighe.''^ proves that the power of the dominant Scotic or Milesian lords was confined to a porof the Eent-tribes their divisions according to tlie Book of Glendaloch: Tlie Kent. Carraighe. Dal-h '• These are the tribes of the Rent. Curaigfi. Jt was after these that rent of base service grew upon the free elnnns of Eriu. except those we have enutribes merated". and what beraighe. (9) The west part of the county (8) 'Hie baronies of Iffa and Offa Kast. Crothruigh. Corco Bruidi.3) A territory aLjout thu Hill uf Croghan. Tualh Glasraighi. i. hthraighe. Tuath Bibraighe. so that the base rent followed upon the free clanns consequently. Scothraigh.e. Rathraighc. and took their lands from them. viz. the XXVll revokition of the Aithech Tuatha. Dal Tidilli. the rent-paying clanns] were taken from them by the free clanns. Tuath Ligmniiie. (11) Barony of (10) Barony of Barrymore. Tuath Mac Umor. Tuath Doinnann. id. (4) he Hill of Allen. Benntraighe. Tuath sea.had distributed them. Mendroighe. adjoining Corli Haibour.

" Tuath CorcmodhFerrudi in riiadh. ^^si and in the Ellies. barony of Fermoy. (40) That part of tlie territory of ancient Corcomroe. now Coranroe. extending westward from Corra an Ruaid.n. Moyarta. county of (22) A district around the Lake of Killarney. (41) The district of tlie present barony of Galmoy. the country of O'h-Aodha.<^^^> in Ui Chonaill. ^^^'> iu Corcomruadh and Luighdi. (33) Tlie Corca Muiche were a sept of the Ui Fidhgente whose chief was Mac Enerije (or Mac Ennery). had momentarily weakened the Scotic power. east of the county of Waterford. called Mohar Ui Ruaidhin. in the south-west of the county Cork. county of Cork. (36) Co-extensi.. (19) Barony of Clanwilliani. part of the barony of Clanwilliam. But see Wanderings of Maiolduin's Boat.'-^^') etc.e. county of Limerick. and Clangibbon. and enabled the subjugated races to assert for a time their independence. (30) Ely O'CarroU.'^^^ and in the Eoganacht of Loch Leiny^') and of Raitiilmn. or of the Islands of Aran in the bay of Galway. (25) Glanworth. some short time previous to the series of cdvil wars which ukimately ended in the revolution.(^') and in Ui Fiachrach AidniS^^^ The Tuatha Ua Cuthbar and Ua Carra in Corca Muiclii. (14) The southern Decies. 22.^'-'^ Tuatha Maca n-Umoir in Dal Ca('s. 691.'me. (27) Slieve Loughra.^* and of Didbne. of which I shall presently speak. (13) The ancient territory of Fermoy. to Ath an lioide. (34) Baronies of Clonderlaw.ve with the present diocese of Koss. and ia ArainnS*'^ Tuath Cathraighe in Southern Ui MaineS*^^ Tuath Sen [Gabhral. the baronies of Clonlisk and Ballybrit. eastle. and that these wars were caused by their efforts to extend their power over the whole country.. Fer Ruidi In the barony of Corcomroe.^'^^'> and of GlennamhTuath Seti Erann firstly in Ciarraighe LuuchraX^^) and in LauchairDeagaldS^^) Tuath [Fer'l More.. county of Donegal. comprising the present baronies of Fermoy. county of Cork. county of Tipperary. (20) Baronies of Carberry. county of Cork. about Slieve na-mBann. (15) Baronies of Coislea and Small County in the county of Limericl<. (28) Baronies of Upper and Lower Conello. county of Kerry. (23) Barony of Ivinelraeaky. (35) Barony of Corcoinroe county of Clare.C*' Tuath Mairlini in Muscraiqhe Mitainey^^ and the east of /"eTuiliy^) and Tir m"w. O'Douovan marks it as a place unknown. . county of Tipperary. which included some of the sea-board land of that county.e. i.-^) mond. (43) A district on . county of Tipperary. county of Tipperary. and not the barony of Tir Hugh. 220. the well known residence of the kings of Tliomond. the Sco- I'istiibutioa of conquered iribes tic lords. gheS^^> Tuath Bentraighe in UiEchach of Munster. appear to throughout the country. and Condons.<in<i in Uaithni. probably the Eoganaclit Jndassa. Tuath Eminrighe in Orand in the Ellies..C^**^ <. and Ui Cairpre '•^^'> "The seed of the slaves of the sons of Miledh. a district of which the village of Emly was the centre. (37) Barony of Owney. in the west of the county of Clare. county of Limerick. county Tipperary. (39) A territory in Ui Chonaill. and perhaps that part of Tuaheran. along the Blacliwater. (31) The county of Clare. or Tuatha Ranna. Cork. see note 28. Muscraidhe Breoghain. now Koadford it also included the mountain of Sliabh Eibhline. and the baronies of Ikerrin and Elyogarty in the county of Tipperary.^^^ and of Oic/ie. and Ibricken. n. in order to prevent a repetition of the overthrow of have distributed the subject tribes the and so arranged their strongholds or throughout country. i. See O'Dugan's Topogr. (i2) Tuatha Fer Ninais.^^^^ and Corca Bascainn. p.e.'^*^) Tuath Fer-mnais'-^^^ in the Eoganacht of Ros Argait. in the south of the county Galway.. shows tion of the country at the Scntic jKiwer to have been recent. and also of the north-west It appears to have extended as far as Leim in Eich castle. (18) No doubt Muscraidhe Luachra. county of Kilkenny."^'6) and Uay Aeday^> and Breguin^^^ ill etc. (38) i. It is probable that the foreign expeditions. Cork. and the occupation of part of Britain. or Horse Leap coast of Clare. '3') in Muscraiyhe. Leabhar na h-Uldhre. (17) The district about Kells. and Clanwilliam in the county of Tipperary. county of Kerry. and Tuath Geibtine in Ui Chonaill and of Aine. county of Meath. (24) Knockany. (26) North of Kerry and adjoining pait of the county of Limerick. After the restoration. (29) Barony of Lower Ormond. (16) Baronies of Iffa and Ofla.and in CorcoDuib. county of Clare.^^*^ nach. (21) Barony of Corcaguiny. (32) The territory included in tlie diocese of Kilmacduagli.XXVlll This revoliition INTRODUCTIOX. in West Munster. their domination. The parish of Castletown where he resided is still called Corca Muichel. near Castleisland. in the barony of Corcomroe. 690. in King's County. p.

(.?. of the north from the Sidhan of Sliabh an Chaini'~'''->> to Jjowgh Foyle. and Duniiiore. (54) A small stream which flows into the sea at Druinclilf. McKirbis]. and Tireiiagli.INTRODUCTION. (G2) Barony of Corann. cownty of Tyrone. (I'l) Baronies of Upper and Lower Iveagh.^''^^ Tuath Neb/iurg in AirghiShannon. (05) BossguU.50) Barony of Carra. After this distribution ' not probable that the subjected V and power. and itis therechief revolution ofthe thatthe Ailliech Tuaiha took foreprobable tribes succeeded in regaining their lands Cheneoil in Northern Ui Maine. This distribution ig said to have taken place after the restoration of as to Duns the°couiitry. Tuath Criiitnech [not given by J).-j(5. 2 ec/zflf?. the earn of Siadliail. and from the .'-^'^'' and in Ui Ama/gad. D. county of (GO) The plain of Moy. county of Roscommon. McF. according to the Four Masters. county JIayo. and Tuath Se/le in Dal Airaidhe. D.'^*) in Carof D/oin Clialih ^^'^1 p.J1) 'I'irawley in the county A Mayo. barony of Tirerrill. (6. ^' 2\cath Crecraighe in Luighni'-''^'' of o//«. barony of Clare.. (73) Eastern coa. county of Galway. '-**'> TuredhS^'^ " The Tuath Concobarni. district as (4S) Baronies of Kilmaine. McF. in the west of Mayo. The Tuath Mic Umor in UmallS*^) Tuath Fer Domnann in the country of Ceara.'^'^-' and Magh Luiig. and Fermanagh. a townland in the parish of Kilinactranny. a piomontory in the barony of Kilmacrennan. in the county of Roscommon. (01) Lougli Gara. according to the tract already referred accordinsf to the to. (. county of Donegal. commou extending from near the town of tliat name to the barony of Boyle. [Chonnail. Lionegal. Monaghun. (47) I have not identified tliis place]. (49) Baronies of iluuesli and Burrishonle.'i) " Tuath Cruithnech in Magh Aei. county Sligo. this Fiaclia^ Four Masters. Tuath Liguiuine in was of Tir Oiiilla. (-IG) Lougli Haekett.] to Magh Ce/?(e.'-^^) and to the buair. county of ilayo. in the same the two preceding places. and that part of Carbury south of DriimcUlf in Sligo. county of Donegal. counlv of . Barnismore. XXIX Distribntion tiibe"'^'^^'^*'' support each other. east of the Bann and Lough Neagh. in Mayo.] to Easruai/h. fOO) A terthe diocese of ritory represented by Achoiiry. counly of Sligo (tio) Barony of Tireriill. A ^ Feradach Finnfeclitnacli^ son of Crimthann Niadlmair. as far north as Sltmmish.'-*^) from Ath Mogho to the sea. but son of Fiaclia Finola. was it is father of Tuathal Techtmhar. he barony of (7-5) Tlie vale of Newiy.Fonwrach. and from Bernas of Tir Hugh '•^"i to tlie Bann.e.Shannon to Castlereagh. ] and Tuath Giiaire from Ross in Guilh^^' Tir Viulla. county of lioscommon. (55) Barony of nortli of of Carbury. Now.Sligo. barony of Clonmacnowen. however.^^-^ Tuath Buaini of the DimBrogail [ Bruigheol]. (14) A district between Lough Kee and the river Suck. consisting of parts of t)io counties of Louth.Lough P\>yle. and on the borders of Sligo and Mayo (45) Barony of Clare. i71) Counties of Down and Antrim. and Tirawley. (Hi) i. (S-j) Now the liobe. Magtt Turedli na b/i.^^*') and in Ui Fiachrach north/''^' from the [river] Rodb^^> to the [river] Congnaig.^^^> and in Ui Neill of the north. and the name of which is preserved in that ofthe barony of Lagney. v/hence the town name Balliniobe. county of Mayo.^^^> Tuath Tarduis in Tir Eogain. (57) A i. county of Galwiiy. or Cam (67) the falls of the Erne at Ballyshannoii (6S) Tyrone. lirris. Armagh.'^^) from Glen Righe^^> to Lough Connacht and around Loc/. county of Sligo.'>t of Down and Antrim. county of Sligo.laiu in lios(56) Drumclitt'.^*^') and around Loch FuicheM''') Cime. Magh GalengaS'^^ Tlie Tuath of the sons hoth sides of the river Suck. Tuath Cruithuech in the country of U/idiaS^'^ and in Magh Cobha. and county of >ligo. in tlu' county of Migo. bar ny of Dunganoii.'-^'^> as far a. and enable them to warn the country of any hostile movement of the people. D.)) I'robiibly Carnteel tsiadhail. (74) Oriel. it must be.^^*^' from Loch Ce to McF Tuath Ochaine \_FocJimuiiii. (76) I . (58) The piesent barony of Boyle.('^'^ Erne.^*'^^ and in Cluain Tuath Resen upon the C'onmaicni."''') and [''ound. county of Gahvay. (70) Gap o. between the rivers Erne and iJrowes. county of Down. (59) Briole in the barony of Athlone. (52) territory embracing part or tlie wliole of tlie bamnies of Carra. and of the sons of Umor upon Ui Briuin. and from Buaigh [^Banna'] to and about Corann '^^^ and about Bcr. county of Sligo.

by tiuscus- caused by the forcible displacement of the conquered tribes. the Aithech Tuatha war was only finally suppressed in the year 130. Teathbha. as infinibus Loiguiri Breg".. note 7. and tlie distribution under his son Tuathal. . which negative evidence in favour of their Irish origin. (si) Cairpre Gabhra. And Sliabh B?-eaghS^^ and in Mughdor. Barony of Cremorne. against the various non-Scotic tribes. pp 47 to 52. b. county of Cavan. place under Fiacha. the boundary line being the river Inny (7S) The barony of Kilkenny A of Westmeath. the Feara Rois. near Dundalk. the Ui Bruin being in the latter. I). and part of Clanlsea in Cavan.a. (92) In iiast xMeath. and the adjoining district in the counties of Louth and . county of Monaghan. as already mentioned. of Tredha in Westmeath and upon the Feara Ftara^^^> and in CuircneS^^^ The first Roman Liiaighne in the Breagha. county of Loutli. (89) Barony of Slane. in the county of . Arda. East Meath. county of Meath. county of Meath. c91) Barony of Moyfenrath. ^96) The estuary of the Boyne. Four M. of the western half uf Westmeath. county of Monaghan.'-^^) a. McFirbis]..D. as Keating and the Book of Invasions assumed. county of eatli. their first appearance in Britain must have been * ^ tain caused — . . according to the Four Masters. (83) Slieve Hreagh. barony of Granard. the Barony of Demi Fore in Jiast . county of Louth. may assume that this distribution is We of the tribute-paying tribes occurred in the after TuathaVs reign. i..f. coriesponding to the greater part oi the baronies of Upper and Lower " Navan. I). the bai ony of iJelvin in the eastern part of Westmeath. consisted of the greater part of the county of Longford.^^^^-dnd Tuath Masrair/he in ]\lafjh tlie two Delvins.XXX INTRODUCTION. in the north of the county of Longford. The resistance offered to such forcible displacements of tribes would account for the one hundred and thirty-three battles the latter said to have fought.Meath..it is forty-seven Tuaths in all that «rt"*'> and in Uib Saghuin. Longford.^^'^ and about they distributed" [and the rent of Loch ai/en. They is are / not named by Ptolemy among British tribes. so that his death may not have occurred before the year 160. (88) Barony of Lurg. — '^ See A. while.ver Annag>iis.^^*) and to Temar. (80> The counties of Leitrim and Cavan. which ended first years of over thirty years' duration. f Iti.^^^ and in the Feara McFirbis].^^^> and in are to be counted of theni. and Westmeath. county Bdllyniagauran. (87) Barony of Ferraid. 140. Tuath at Clonard. to the r. (93) Dealbhna Beg.Meath Dealbhna Mor. district around (79) West. 98. (77) Teathbha. And in such way were Glasraighe in Cairpri. . (82) Loch Sailen Lough Shealin. according to other authorities. 4^ . (85) A territory to the north of Ardbraccan. in A. I'rim is described in the Book of Armagh.\Ieath. in Monaghan.''^-') Tuath Connraighe in Eiriu was imposed upon them. 106. m Mor-Gallion in Meath. If the Atticotti of historv be identical with the Aithech ance of Atti-. vol.^^'*'' and in Laeghaire. or Taffia South. (86) Part of the barony of Farney.Tuatlia. Book of Geneaand in the two CremthannsS^^i Tuath logics. (91) The district about Trim.'-^^> and in the Feara Lurg. or Taffla North. (95) Tara. and McFirbis. but position not determined.^^^^ and Ui Mac i«") in Slechl^''^' Ui Brixdn of Breifne Uais.'' First appear. (90) The plain along the sea coast in East Meath and Louth. b.^^'^ and in Ardfful. (84.—_^ coitiinBri. Book of Ballgmote. on the borders of Cavan.^^^) to the confluence south side of.(^^> and from Tuath Airbri in Ttahtha [on the Inhher Colptha. Large bodies of them must also have acted as mercenaries to the Irish monarchs on their foreign expeditions. p.

and his face covered with fur. fishful its river mouths milkful the kine". has suffered the penalty of the final unsuccess of the cause. The state of the country during his supposed reign is pictured in the gloomiest colours. ad Ocean. 8. and based rather on prejudice than accurate information. and figured by the poets with the ears of a cat. the picture which he paints of both being very unfavourable. nulla apud eos conjux propria est sed ut quique libitum fuerit. the : cattle got murrain. " Just". The earth brought forth its fruit.'* and their historic st. '* '* This explanation xxvii. and Cindcait would consequently mean head of the serfs or unfree men. Jerome's Jerome mentions them in connection the Auic'otti with the Scots. .i The Welsh laws applied "cathead". existence was short. Epist. and the land was without corn. the term " caeOi^ to the lowest class of serfs or slaves. Advers.Head" is probably the cindcait di.INTRODUCTION. nature is said to have pronounced in favour of the legitimate rulers by refusing her accustomed gifts the grass withered. 4 . geutem Britanuicam. Scotorum et Atticotorum ritu ac de Republica Platonis promiscuas uxores communes liberos liabeant. in Feradhach the " The seasons were riorht ffood was Ireland during his time. — Atticottos). But when the Milesian rule was restored. Elim. Advers. . Jovinian. is rendered the more probable by the xxvi. Ipse adolesceiitulus in Gallia vidi Atticotos {al. of oligarchy or democracy. like all other revolutionists. et quasi Platonis politiam legerit et Catonis sectetur exemplum. bumauis vesci carnibus. fruit. Cairpri Cindcait. Scotorum natio uxores proprias non habet. The translation of Cindcait by "Cat. pecudum more lasciviunt. During the supposed reign of the second Aithech king. One of the most Bardic ac(^oTriori striking instances of the way in which the Bards distorted history in the interest of the ruling race is afforded by the re- pulsive colours in which the person as well as the rule of Cairpri have been painted. according to the Four Masters. milk. or fish. favourable to the Aithech Tuatha. author XXXI is Ammianiis. Jovinian. the corn was blighted. He was called the " Cat-head". whether in the interest of royalty or republicanism. nature again declared against the usurper.'^ Milesian writers themselves have not been very who mentions them St. tranquil. suggestion of some malignant bard.

subjected clans appear to have belonged same race as many British tribes on the west coast of Britain. ''' Tuatha D€ Danand See Fight of i-erJ/ac?. had a daughter also name Buan.. some of the qualities of the my- _^ . or Baanand. According to the Four Masters. 455. as she is said to have^ruiecTthe spirits of the glens. Morand was the son of Cairpri. connected with the Atiicotti. 419. as will be seen from the list at p. or mythical personages. : Cairpri are. and that according to the Book of Invasions. figuTcd in as about tlic Cairpri and the other personages who AHhecli Tuatha revolution. See Fight of Ferdiad. vol ii. Appendix. and Buan. . She gave judgment chief named Sainer. if not more.^Maein. t"ie Geiniii Glindi. usually called Muc.XXXll circumstance that to the tlie INTRODUCTION. Another explanation may.. forms of the also occurs in the Tain Bo Chuailgne^^ — — which name of the great goddess Anand. however. doubt about 3forann Morand. however. offered by Medh as sureties for the performance of her promises to Ferdiad. and is said to have fallen in love with Cuchulaind. viz. and Cairpri Cindcait was the head of them all: and they adIn the Tain Bo vised the Aithech Tuatha to kill their lords". to have been a goddess. to an earlier which belongs period. who were. na h-Uidhri. found in the existence of the name Cat among the Cruithentuaith. col. among sons of Cruithne Cat. Queen il/ec?6 herself appears to have exercised supreme authority over those spirits. we may .^ •*• •' ^ _ Hcesor deities. p. 3Iorand. But the tract " These were the three rent-payers already quoted tells us that who were the chief advisers of the rent. Moranda tov^lJtL^'^' levoiution. The name of the third adviser. Morand and Chuailgtie.. that taken in connection with the " reference to the others in the Fight of Ferdiad" just alluded to. . safely conclude that the three advisers '^ of the Morand probably niythoiogical person If there was a real Morand Aifhech Tuafha were their gods.paying tribes of Eriu at this time. MorQnd is A between the (Jltonians as to who was most M-orthy of the champion's bit at bhe t )o appears a feast. vol See Cormac's Gloss v. who divided Alba between them was called Thcrc is or just as mucli.p 109. be xxvii. Appendix. thical pcrsonao. is so like Buand. Morann.es o i were attributed to him exactly J ii. See Leab. One of the seven the defeated rent-payers. as the Icijends D of the Tuatha '^ '* De Danand goddess Brigit daughter of Dagdai p. and Cairpri Cinclcait.. Cairpri was himself an Aithech. Buan.''^ and are clearly introduced there as gods. 1. .

and amalgamated with the dominant coasts of one. . pation It is probable that. Tuatlial Tecldmhar or " the Legitimate". X\Xm Mor^ have been confounded with those of St. the preda- tory excursions from Ireland to the coasts of Britain assuuied INT.. He cele-ticai organtspeaking brated the Feis Teamhrach. . was very different from The tribute itself affords an cx-TheBvethat depicted by St. Until the time of this ]\Ieath consisted of only one principality or 7uath. by being transplanted from difFeient districts. and cstablished the fairs of Tlachtjja. date at least from this period. state of morality „ „ ? German Eiupire during . o* . and to which I shall make fiequent reference in the sequel. that Cairpre. and his reign is especially inte-age. they are said to have both died. When the sisters discovered the daughters. the author of the ancient Irish Pentarchy. ho enlarged it to eighteen. has all the characTnaihiit^ of reality about him. doubt. known as the Boireamli Laig" Cow-Tribute of hen. imposed the fine upon Leinster. and TaiUe. 1 think. ample of vassalage as perfect as any offered by Trance or the laighen. Jerome. T 1 • 1 example of vassalage exhibited by the law tract called Crith Gablach. however. . that the principle of the political organization 1 . published in the appendix. This leijend is valuable as showing that in pagan Ireland. m . and lastly he Ireland. he was properly the founder land for the king of Eriu. term whicli will be fully explained in a subsequent section. beyond the medieval times. It is more probable. and then (jot her sister in marriage. fraud. and proves. in order to provide sufficient mensal In other words.e other of grief. Bj:<rit.' as marking perhaps the epoch of the complete organiresting zation of the political system which existed down to the estabteristics lishment of English power in Ireland. which continued to be paid of the The cause of forty monarchs of Eriu. during reigns the imposition of this tribute is assigned by legend to the insult offered by a Leinster king to I'uathal and liis two Leinster king having rnarrieJ one of Tuathais daughters. after the non-Scotic tribes had been ?cotic con- successfully reduced. a king. one of The shame and the ti. or Leinster". Uisnech.INTRODUCTION. and consequently the laws regulating the occuof land. and Feradhach are all mythical personages. Morand. or great feast of Tara. pretended after some time that she had died.

or less y thejiish onthe west. and introduced mucli of the material civilization South Britain was celebrated ^^ ^1^^ Mediterranean nations. got this name not because it was exposed to Saxon incursions. and the natural prey of its warlike and less civilized. a stream of adventurers flowed into Britain. Whatever civilization penetrated into this Saxon population from ariscn by Biiiaiu barliarized invasious. There seems little doubt that the part of the Belgic and South-east and south-east. the " Saxon Shore" and south-east French " Tiiemytb Horsa.oiiians. and the posconquered territory must have been very preIndeed the idea naturally suggests itself that tlie advent of the Scoti into Ireland. for its mineral wealth. and accordingly when the movement of the German nations on the Roman empire set In. and towns. Identity of race and language no doubt led to frequent intercourse between the more eastern Saxon races. allured by its wealth and political disof The myth of Hengist and Horsa has no doubt organization Britain. but it must have been confined to parts not easily protected se:- sion of the carious. by Roman arms. may have been connected with the conquest of Gaul and Britain by the Romans. The Romaus replaced the villages of the Britons by cities uiKieVthe . from the arrival of some such body of adventurers. and was by the working of its mines made made it a one of the richest and most important provinces of the empire. invited over perhaps by some deposed prince or outlaw. have already stated that such conquest appears to have preceded the Aithech Tu<i Iha r&volntion. as has been already conjectured by Palgrave. must have / almost disappeared owing to the steady influx of barbaric . The latter coasts to which the Romans gave the name of the Saxon Shore". the Roman colonies established in their midst. which undoubtedly took place at a much later date than that assumed by the Irish V ProsptTity annalists. and had already colonized the south and south-east of Britain before the invasion of Cassar. the Picts materially gifted neighbours and Germans on the the Scandinavians on the north. but because it was inhabited by Saxons.XXSIV the IXTRODUCIION I more steady purpose of permanent conquest. and east lii^e^iieigV-'" — had extended themselves saxonbefore westward along the sea shore from the Elbe to the strait of Dover. at a very early period.

above all. is shown by the frequent intermarriages which. took place between them.Britain. and the Saxon kings of into direct contact with the Scotic kingestablished in Scotland. owing to the continued incursions of the Irish during the later Roman times. in the level countries at least. Roman. to such a degree Indeed as to lose almost every tradition of their own past. of which there gium is so frequent mention in Irish MSB. dom I The wars carried on by the Saxon kings against the Scots and Picts involved the Irish in the quarrels of their brethren in Scotland. and ultimately of all the country by the Picts or Strathclyde Britons. that is. period.INTRODUCTION. and the constant war for supremacy which was waged down to the fh-m establishment of Saxon dominion in England. at least. under a ' ' '6* B . kmg of the Northumbrians. and adopt in their stead those of a northern tribe. Avhich. from the Ictian sea. Wales. not only to the establishment of churches and monasteries in tlie north. Political causes helped to develope this hostility as soon as the Saxon dominion ex- Northumbria came tended to the north of England.e TO And that into contact contact at an early period.England. and the conquest of North . by the number of early Irish missionaries who devoted themselves. led an expedieast of German tion. Ireland. and to which one Irish prince. but curiously enough followed the stream of population from the strait of Dover through Belto tlie Rhine. X- object of attack. brought therrishand Saxons Ciiir. yet. We have another proof of in the this alliance against thcTiieirhos- V Romanized Britons at the schools of. way in which Saxons were received result o'/poi The hostility of the two peoples tious m appears to have first arisen in consequence of the quarrels be. and their presence t ' The common y Jnsla m • 1 •1*11 at the courts of Irish princes. as I have already stated. and Saxons this intercourse was on the whole of a most friendly character. relating to very early times. The same phenomenon was presented by Wales. in the Bede records an expedition of this kind sent year 684 commander by Egfiid. ^ XXXV Saxons. tween the liish and Saxon churches. must have been more or less Romanized. but. [- England. and led to the ra- Venerable vaging of the coasts of Ijieland by the Saxons. was almost completely barbarized during several centuries.

iv. Alcuin a'so speaks of the same evunt. That the Irish attacks on Britain were not always mere plundering expeditions. it says: rights which it is proper for a king to exercise upon his people one is a right [to raise levies] to drive out foreign races. Leen most friendly to the English. or cor^ After this date. is proved by evidence from different sources. i.. mans. et SancL Eccl. ^ . Saxons" : If the example be not an interpolation of much later times. . quousque. and until the arrival of the Norrectly 795.Llwyd was the first who noticed that the names of nvcrs and other topographical designations south-west He Britain bore traces of an ancient Gaedhelic occupation. m conjectured that the Gaedhil had occupied Britain before _\ \ '^ Lib. Traces of Irish names in West Edward — r. there can be no and before the firm establishment that event.. even before the movement of the continental Saxons in aid of their British brethren began. and in all probability to the middle or end of the seventh century. etc. n ^ CI • end of . insomuch hadalways named which Saxons first mentioned as enemies tion lor century. but ultimately led to a more or less permanent conquest of parts of it. it shows. Ebo^-acensu .XXXVl IKTROD'JCTION.. and of the friendship of the Irish and the Saxons.. In describ- Law Tract. the state of the to the Irish to attack ducements them. Poama de Ponirfic. " For there are three ing the rights of a king. c xxvi. • .„-. .e. " Beort. AngHset semper anucns. and Danes in the that in their hostile rage they spared not even the churches or monasteries". that the to the important document in question belongs to the period anterior Viking expeditions. western districts offered in- Roman rule.'^ It is in the seventh century that we find men- . Agminibus missis aninio trans aequora saevo. in the fohowiiig Hues: Praefuit Egfrldus regno feliciter amis Ter quinis faciens vietricia bella. Precipiens gentes Scotorum caede cruenta Vastare mnocuas. 835 . notice CI the Tliis cii'cumstance is of ^ Ihe more rjM r- nrst of importunce in connection Vt ith date of with the date of the law _ tract. eighth Danes or Norsemen occurs m 790. the tirst •' time 01 the Ibaxons as enemies. - . the very great importance in connection z-r Crith Gablach. the Danes alone are mentioned as hostile foreigners. which miserably wasted that harmless nation. taken in connection with other circumstances. Whatever may have been the relation between Ireland and Britain before the arrival of the doubt that of after Romans.

son of Beli. W. under Cunedda and his sons. mentioned in the eighth Triad. but his hypothesis is wholly inconsistent with the extent our present knowledge of Celtic philology. Vestiges of the Gael in Gwynedd. . . however. The Gaedhelic names excharacter of the West British topographical nomenclature has.INTRODUCTION. i. must have come down to The Triads belong to these could have been chosen for the no worse vehicle but centuries. 13. »o *i G70. _ xnaiis took placa of Wales by the northern Britons. Jael would be in Irish Cennfaeladh. the so called Cymric colonization. it proves that the Gaedhelic occupation was posterior to. has shown. in them. 17 and 2t<. So far as it goes. that Wales had been invaded and occupied by the Jones.Jl- Annals of the Caledonians. belonofs. unless by that colonization be meant the conquest in the fifth century of Wales by the race of Cunedda. the Irish length driven into the sea by Caswallawn. called ways the three people who invaded the Isle of Britain Among One and again quitted it. was son ot' .^f^" ^f''* * cental y. transmission Irish of historical ' materials. been much exaggerated. The Rev. Supplement to J rvAao/oyia Cambrenais /or 1850. which is extremely probable. which variously state their duration years. The invasion . that period.D. tlie XXXVll Britons. The Cenvfaeladh there mentioned. Irish. as the Irish are al.nine years. a name which occurs for the first time in the Annals of the Four Masters under A. to a period longfiiy ° ^ •' . Notwithstanding the state of barbarism into which Wales had sunk for some time after its conquest by the Strathclyde Britons or Cumbrians. / evidently favours Llwyd's theory. son of Manogan. is the army which the Gwyddelian or Irishman Ganfael led into This occupathe country of Gwynedd or North \A'ales. tion is said to having been at have lasted only twenty. and not earlier than. after the conquest (?an. pp. Ibol. so far as I know. etc. B.'' who from 29 to 329 of the invasions of the Gwy^ddyl. and separately printed by London and Tenby. however. invasion by the Tiie mentioned •' mentioned . in an of great value. which the eleventh and twelfth centuries. that several such invasions are referred essay to in Welsh traditions.-t^ in Welsh manuscripts. many historical traditions respecting are now lost to us. Ritson^° suggested the first. is recorded in the Triads.

in the plain of Moj ix. and doubtless for a century or more previous to that river / . by Britcm Mael. the grandson of Nemid.XXXVIU INTRODUCTION Blathmac^ and reigned as monarch of Ireland for four years. The occupation of Man dates perhaps Irom the period of the predatory expedition of Curoi Mac Daire and Cuchidaind. and Cetgueli or Kidwelly. all the regions of Britain.Jt may be •' that the mythical occupation of the Island of J Mona ted wlth"^*^ tlrs occuIiation. and other districts. came Ivish at the same time. '^^ Now Rathmore. So far as can be known from the Annals. The Nemedians of this legend Avere the descendants of one of the kast noticed early colonies of Ireland. T!iere was ail eariier occupation. This earlier occupation was pre Roman. Guir or Govver. vol. and had nothing to do with the earlier occupation of West Britain. chiefs h was ruled by who were not only Irisli. liniiy. . as for at least as a line from the Clwyd in Denbighshire to Swansea in Glammorganshire. or at some time during the Roman owed Orosius says. after the defeat of the Nemedians by the Fomorians. it was " inhaperiod. find. but in all proba- The Isle of Man bebility allegiance to Irish kings.^^ is founded upon a real occupation which began some time before the commencement of the Christian era. refierences to that island. event. cerned. At the period of the conquest of the island of Mona. and to Mananand Mac Lir. bited by pe'^ople of the Scots". i. which probably took place in the first half of the sevcntli century. etc. ^^ See Lecture p. and in 683 occurred the Saxon invasion It is likely that those two invasions already mentioned. JNennius tells us that the sons oi' Liathan obtained the country of the Uemetae. The Neme. . parish of Donnegore. with which alone I am here con. through all the oldest legends. namely. . that equally with Ireland. already mentioned. a mythical personage specially connected with it. until they v/ere expelled (nans per- by Cunedda and his sons from i. a large part of Wales. this king had no rela- But under the year 680 we are informed tions with Britain. that " the battle of Rath-Mor.Maiyhe-Line"-^ [was gained] over the Britons". 185. were connected with Ganfael or Cennfaeladlis occupation of North Walcs. by PauUinus Suetonius. or Anglesea. We however. county of Antrim.

obtained directly or indirectly the story from British tales embodying traditions of the early ages to which the Gaedhelic occupation must be referred. introduction of the lap-dog into Ireland. the Tuatha to tised druidism. dominion over West Britain was of sufficient its ••xtcnt r. king orCoruAvall. now Great Island in Cork Harbour. and prac- ave been one of those on the ethnolosry of liglit legendary history. as Crich Liathain^ a district in the county of Cork. the leader of the first colony of Nemedians. or Nemid's Hill.>i-yof . statement in Cormac respecting the levying of tribute is borne out fully by the celebrated romance of Romance of Tristan and Iseult. and the Tuatha De Danand had druids. and impress ' was not confined to the Scotic settlement in Scotland .f duration to leave that it some lorm on the country. In that tale Morhault. and it is in connection with the conquest of the Isle of Anglesey that we first hear of druids in Britain. called Glastonbury of the Gaedhil.INTRODUCTION'.1/1*^ mother Ireland. queen demand tribute from Marc. In the same . in connection with the first and to collect tribute. uncle of Tristan. article. Glaston- Gia. but extended over South Wales and Cornwall. Irish have died of the plague.stoTibury of the Irisli. The in England. under the article Mug Eime. brother of the iseuUsup of the of Iseult. The name TAathan occurs too in Irish topography. appears in many ways. In Cormac's Glossary. m simwn by stoi-v (it . is sent from Ireland tost'. Perhaps to the same be the referred tale cycle may original upon which the beau- . from whom the materials of Gotfried of Strasburg's Middle High German poem of" Tristan und Isold" were almost certainly borrowed. XXXIX 1 but which I have no doubt will prove wliose history would throw most western Europe. to North Wales. is said to That the . of an Irish envoy sent wTuch was no doubt chiefly bronze or the materials used for making it — copper and —from the people tin of the south-west of Enijland. . or whoever was the author of the prose romance of Tristan and Iseult. There can be no doubt that Chrestien de Troyes. D6 Danand The latter According to and FirhoJas were branches of the Nemedians. and it is probable^ that much intercourse continued in early Christian times be- bury is tween Ireland and the religious houses of Glastonbury. which included Ard Neimhidh. ^/"& i^unkt. we are told. There JVemid. .

xl
Poem
tiful

INTRODUCTION.

Middle High German poon of Gudrun was founded. The
in Ireland,
to indicate
later
'^

poem are laid and the whole character of the poem seems to me that, though much use may have been made of the

scenes of several cantos of that fine

Norse
^

saga, part of the materials belong to a Norse or Germanic period of intercourse vv^ith Ireland, earlier tlian the Viking exIt may be too that peditions of the ninth and tenth centuries. the tales of King Arthur belong to the period of the Irish occu-

pation, and that he and his knights fought with the Gaedhil and their British allies, and not with the later Saxons of

Wessex.
basis of

One

thing

is

certain

:

the traditions that form the

Welsh poetry and

literature,

and many of their laws,
Irish,

are not Welsh, but belong to their earlier conquerors, the or their later ones, the Stratbclydc Britons. traditions of the Sih;res and other races of

the proper Wales and the

Of

west of England, scarcely a vestige remains; they have died out with the languages which those races spoke. Mr. Basil Jones
has also

come

to

the conclusion that the

Welsh have no

his,.^x

time previous to the period of Cunedda, and that the earliest Welsh legends arc nearly all connected with
tory relating to the

South Wales or North
jr'shdo-

Britain.^*

The

ri inion Jivecarious in first

dominion must have been very precarious in the •• ccnturv indeed under .Agricola it must have been practiIrish

-iiit'l
,
t-v

ii
r

:

llrstcenturj-.

.

cally annihilated.

But

that the

i

i

power

of the Irish at the

pi

i

i

time

was not

as insignificant as the story related

by Tacitus'^ would

K

lead us at first to suppose, may be gathered from the fact that the Romans never invaded Ireland, although no one could

have understood better the importance of the possession of
Ireland as a

means of preserving

by the words put
"'^

by
in

Britain, than Agricola, judging v The political Tacitus into his mouth.
^"^

Vts'iges of

the,

Gael

Gwynedd, 54,

Agricola expulsuni seditione domestica unum ex regulls gentis exeeperat, ao specie amicitiae in occasionem retinebat. Saepe ex eo audivi legione
^^

una et modicis auxiliis debellari obtinerique Hiberninm posse. Agricola, 2" "Si quidem Ilibernia, medio inter Britanniam atque Hispaniam
Gallico

c.

xxiv.

sita, et

quoque marl opportuna, valentissimam imperii partem magnis invirem

Spr.tium ejus, si Critanniao comp:iretar angustius, nostri maris insulas superat. Solum coeluniqueet ingenia cultu^que hominum baud raultum a Britannia differunt, nee in melius. Additus portu?que per comusibus miscuerit.

INTRODUCTION.
oi'ganization of Ireland,
for

xjj

it should be rcmemlered, was very The irish of defence against an invading enemy the f!"rXftnce», purposes chief king had no power over the numerous subreguli beyond foioflv-nte;

weak

;

I

what he could enforce by arms, and there was no cohesion even among clans the most closely related- Tacitus' statement that two tribes of the Britons could rarely be got together to repel
the

common

danger, and consequently while fighting singly

they were always conquered," applies with equal force to Ireindeed I might say to ancient Gaul, Germany, and land, every country formed of a number of small states practically

independent of one another. Such countries might however have sent forth very formidable invading armies, in which the
principle of military honour, fidelity to the chosen war chief, and a sense of the common danger in the enemy's country, would give that unity of action which could not possibly be

An army of this kind would readily adopt the policy of those civilized states with which it came in contact, especially of those where a centralized strong government
attained at home.
in great part obliterated the original tribal gowhile the tribes at home would remain impervious vernment, This explains why the Gauls always reto such influence.

had wholly or

explains
'^^aui

mained a loose affofretjation of tribes which one by one were subdued by Rome, while the Germans, who were a closely

v^y

Humans

allied people, composed of a similar loose aggregation of states, and having the same laws and customs, succeeded in breaking up the Roman Empire when the tribal distinctions were of noman obliterated, by the whole people being resolved into invading Germans; armies. So in like manner the British power fell, and a strong centralized Saxon government arose after the Saxon clanship had been to a great extent broken up by the continuous immi-

gration of

Germanic adventurers from the continent
by Roman

into a

Saxon population already
Lastly,
it

ideas. largely influenced explains the history of Ireland subsequent to the
cogi.iti".

mercia et negotiatorca

Irish king above quoted, he adds:

"

After mentioning tlie sTiggestion of the Idque etiam adversus Britanniam profu-

turum, si Komana ubique arnia, et velut a conspectu libertas tolleretur". Ibid. •^' Rarus duabus tril usve civitatibus ad propulsindum commune pericu-

lum cunventus: ita,duin singulipugnant universi vincuntur Agricola,

c-

12.

xlii

INTRODUCTION.
of the Normans.

and of

Ire-

Kormana.

Prejudice rather than cahn phihas attributed these events to a superiority losophic judgment of race on the part of tlie conquerors, and an incapacity on the part of the conquered to adapt themselves to certain forms of
iiivasion

government, the conquering and conquered races being in most cases practically the same, and the fundamental principles of
their original laws

may

therefore

and policy alike. On those grounds we admit Tacitus' statement of the small force

necessary to reduce Ireland, to be quite compatible with the opinion above given, that as an invading power it was not insignificant.
state of

lush power
in the time of

Affain, in the time of Carausius,
. . . .

who made himself emperor of

Carausius.

must have been checked. A and therefore Mcnapian by birth, probably of Irish extraction, and a pirate by profession before he was employed under Dio- X^ cletian and Maximian to repress the ravages of the Saxons and of the Franks, whose name first occurs about this time in
Britain, A.D. 289, the Irish inroads

Roman history, he must have been thoroughly acquainted with the state of Ireland, and with the ability or inability of the Irish to maintain their supremacy along the western and southFranks brought into Britain by him and he-

western coasts of Britain.
"^

Carausius,

it

is
'

well

known, em-

N

ploved large ° bodies of Frankish mercenaries, whom he settled | came known Britain. It is important to mention that the Franks are ' to Irish at

m

,

,

_

_

_

thi.s

time,

noticcd in several early Irish tales relating to events which are attributed in our annals to a somewhat earlier period than
the time of Carausius, though some of them may with more certainty be referred to the latter period but we have already
;

^

Mucreimhe consisted
turers.
Irish. Picts,

seen that the foreigners of 31ac Con at the battle of Magh chiefly of Frankish and Saxon adven-

and Saxons,
kept in check in tlie reignof Constantius

coiStTn'^
the Great
;

During the reign of Constantius Chlorus, who passed the greater part of his life in Britain, and of his son, Constantino .... ^ the Great, the Roman power and civilization were firmly J established in that country, which attained a remarkable degree of prosperity and peace.^® During these reigns the Irish, Picts,
.

....
-^

n

,

_

2*

Britannia

.

.

.

terra tanto fritgum ubere, tanto laeta

munere pastionum,
a cuncta portu•

tot

mettalorum fluens

rivis, tot vectigalibus qusestuosa, tot

bus".
c. ix.

Eumen. Paneg.

Const. Caes.,

c.

xi.

Cf., also his

Paneg. Const. Aug.

INTR

:l

ICTIdN.

xllll

and Saxons appear

to

have been kept in check; but in the

f.irmid.ibie

reign of Constantine's successor, Constantius, the rapacity and cruel tyranny of the notary Paulus, and the subsequent rebellion of the
as to render

maJie'by

cojibiautmu.

Pannonian Valentinus,
it

so weakened the country an easy prey to the enemies just named, who

appear to have formed an offensive alliance.
Picts are said to have reached

The London and occupied

Irish
it.

and

The

general
des,

commanding the Romano-British troops, Fullofauand the dux, or commander of the maritime district, Nec-

opposed to the Saxons, were slain. It required all the skill and ability of Theodosius, the father of the emperor, to save the province from total destruction. The allies were deteridus,

questionable whether he was able to drive them within their previous limits, notwithstandfeated
it is

by him

•• r>>i m the year oC8, but
.

11

11

Pefeateci

by

1

1 lieociosius.

ing that he

is

said to

Britain, until

the

have pursued them to the extremity of Orcades were stained with Saxon gore,

Thule warm.ed with the blood of the Picts, and icy Eriu mourned over her heaps of slain, or as some will have it the

^^ graves, of her slauglitered Scots.

It

is

probable that the

pursued the Scots into the Irish ports also, and yet strange that no attempt was made to occupy any part of Ireland, and thereby sto]) the stream of adventurers who
fleets
it is

Roman

used their settlements on the British coasts as vantage grounds
for

pillaging the

Roman

provinces.

A
mus,

noble Briton, or as some think a Spaniard,

named

Alaxi-

Acts of
assisted in

acquired great reputation under Theodosius in the war against the Scots, Picts, and Saxons, took advantage of the condition of affairs in the empire, and was pro-

who had

ing urituin.

Had he been prompted by claimed emperor by the army. a to found British kingdom, rather than by his ampatriotism
establish a western empire at Treves, the destiny of the British Islands might have been very different. As

bition to

"^^

Quid rigor aeternus caeli, quid sidera prosunt, Ignotuiuquefretum? muducruut Saxone fuso Orcades incaluit Pictorum sanguine Thule
:

:

Scotorum cumulos [a/ tumulos]
CI.

flevit glacialis lerne.

also

Claudiani de Quarto consulatu Honorii Augusti, Paneyyris, 30, 34. Amihianus Marcellinus, lib. xxvi. c. 8.

Fee

xliv
it

IXTRODL'CTiON.

was, his acts greatly assisted in the subseqiicnt Germanizing of the whole of England, a process which had been well begiui already by Carausius, and which was aided by the introduction

German legions by the Romans. Maximus drew away all the veteran troops into Gaul and Germany, and thus opened a way for the advance of the Irish, Pictish, and Saxon enemies.
of
Biitish
settled in

It is

him
that

into
is,

probable that part of the British troops who accompanied Gaul were settled down as Lati, or " Milites limitanei",
as military colonists, in Britanny,

and

thvis

formed a

nucleus around which gathered the fugitives from Britain durincj the desolatinof wars which occurred in the latter in
the
fifth

and sixth centuries.

Maximus, taken prisoner at Aquileia in the year 387, was put to death by order of the Emperor Theodosius, who died himself in 395, after having appointed his son Honorius emperor of the west, with Stilicho as his guardian and general in chief.
That very able general appears
to

have been in
to

a position, im-

mediately on his accession to power,

scotie,

send troops into Britain to assi.-t in repelling its old enemies, who made This invasion another formidable invasion of it in 396-397.
of signal importance as a landmark of Irish History, for, on the onc hand, according to the Irish annals, a prince ruled at

saxon^im"a. IS

-w^aniinus oiy.

mirk in I'lusil the

time in Ireland celebrated for his foreign wars, Niall ^^ ^^^ Nine Hostages; and on the other hand, we have the

/^

the Scots positive testimony of a Roman writer that from Ireland. The Romans and Britons appear to have
ciaudian's
iHs'irsco^ts"

came
been

^^

^ time

morc or

less successful in the

war.

In one of Clau-

dian's

poems,

the^were*
formidable.

Stllicho, the

Romau

nations

when

Britannia, speaks of her from neighbouring general, protecting the Scot moved all lerne, and the sea foamed
Britain,

personified

as

with hostile oars; and adds that, supported by his spears, she should not fear Scotie enterprises, nor tremble at the Picts,
or look out alonor the coast for the

inauspicious winds.^"
*o

We

coming of the Saxons with need no other evidence to show

/

Inde Caledonio velata Britannia monstro, FerroPicta genas, cujus vestigia verrit Coerulus, Oceanique aestuni mentitur, amictus

:

Me

quoque

vicinis

pereuntem gentibus, inquit,

INTRODUCTION.
that t]ie attacks of the Irish

xlv

may
a

were deemed formidable; and we thence conclude that Ireland at that time must have had
less stable

more or

government and an advanced military

organization.

The war with the Goths, which commenced in the year 400 and ended with the defeat of Alaric at Polentia in 408, compelled Stilicho to recall all his legions from Britain, and leave it
almost wholly unprotected, a circumstance at once taken advantage of by the Scots and other enemies, if it be true, as Niaii of the the Irish annals state, and there seems no reason to doubt thetiges, and
statement, that Niall of the Nine Hostages,

AD. o7y, was slam in 4Ua, tween France and England
if

r>T

7'jrv-

at

a

who began his reign tiou with the invasion cf nr tj Muir ii-icht, i.e. the sea be-nntain; name which is connected with,
• •

i

i

not derived from, the Portus Iccius of Ceesar, which was situ-

ated not far from the present Boulogne. It would appear from such authorities as we have, that he was in Gaul at the time, and some specifically state that he was on the banks of the

Loire

when

killed

by Eochad,

son

of

Enna

Ceinselleach,

king of Leinster. But whetlier in Gaul or Britain, his being on the shore of the English Channel at all, implies either that he

had marched through the whole of England, or that sailed from Ireland up the present English Channel. if the first, he must have had a considerable army The the Irish must have possessed ships of good size. themselves appear to have been anxious to throw off the
;

he had
If the

second, Britons

Roman

yoke, and three emperors were elected in succession, the most celebrated of whom was Constantino, who passed over into Gaul with an army, and fixed his camp at Aries, but being
defeated,
first

was put

to

death by order

of

Honorius.

The
.Vin//
ti.e

of these emperors, named Marcus, was slain a.d. 406, which coincides so nearly with the death of JViall, that one is
to look

may

tempted ^ name.

Marcus upon ^

AT

1

as

merely
''

JSiall

-v"

ii~

under a

1

Roman

T-«

Emperor Marcus un<ier

a i:oraan

name.

Munivit Stilichon, totani

cum Sc

)tus

lernen

Movit, et iiifesto spumavit remige Tethys. lUius effectual curis, ne tela timerem
Scotica, ne

Pictum tremerera, ne littore toto Prospicerein duliis vetiientem Saxuna ventis. In prim urn Consulatnin Fl. Utilic/ioms,

lib. II.

247.

xlvi

IXTUODUCIIOX.

Atticotti in

Niall

and the other

Irish leaders of military expeditions

armies,

into Britain
Aitlu'ch
hostility

must have had large bodies of the subject tribes or Tuaiha in their armies. Considering the relations of which existed between these tribes and the ruling
;

Scotic families, they must have formed a very imcertain clement of the Scotic army in cases of danger or difficulty and it seems very probable that many of them either deserted volunof war, and tarily to the Romans, or were made prisoners
arpmentioned about
tins

formed Hito Icgious, or incorporated into
.
.

time in

the Notitia Imperil^' the Atticotti are frequently mentioned

....

existinof ones.
,

In

Imperii.

about

this period.

A body orthem

ployed in the Gothic war against Alaric
at

appears to have been emothers were stationed
;

Rome and other parts of Italy. The Roman legions appear to have

been

finally

withdrawn

from Britain about the year 409 or 410,
Aihiv.:(t

ofBiirain.

by the nephew and successor of Niall, Athi or Dathi, described as " king of Eriu, Alba, Britain, and as far as the mountain of the Alps".'^
According to the Annals of the Four Masters, he was killed by a flash of lightning. There is a legend of the manner of his death near the Alps, in the Leabar na h- Uidhre, which
tells

left entirely to the mercy of its sion of the Irish Scots appears to have been led

when the country was The last great invaenemies.

\

took the
to

us that on his death, his son Amhalgaidh, or Awley, command of his army, and brought his body back Ireland, fighting many battles by land and sea on the

places where the land battles were fought are given in the MSS. known as the Book of Lecan and the LeaIn the latter, however, they are given on bar na h- Uidhri. the margin, and not in the text.^'' With the exception

way.

The

of Lundunn, which

is

clearly

London, none of the others

have been
Faile,
I

identified,

Miscal, Coirte,

namely Corpar, Cinge, or Cime, Colom, These Moile, Grenius, and Fermir.

31 Notitia dignitatum et adiiiinistrationuni omnium tarn civilitim quam mililarium in partihus oritntis et occidentis. Ad. codd. MSS. editorumque fidein recensuit oommentariisque illustravit Ed. Bocking, Bonn, 1839-53. ^' The Genealogies, Tribes, and Customs of Hy-Fiachrach. Edited h^ John O'Donovan, LL.D. Published by Irish Archaeological Society, 184i,

i

p. 17.

"

Ibid.,

note k

p. 24.

TNTRODUOTIOV.

xl VU
battles

may be

traditional

names of

some of the Seotic

against the Romans, and, if so, are deserving of investigation. It may be that the battle of Lundunn refers to the great invasion in the reign of Constantius above mentioned, and not to If Athi really did reach the Alps, he a later event.

may
st.

have done so
like

many

an ally in the pay of the Roman emperor, of the German and other barbarian kings. It
as

Patrick

in one of the expeditions organized in this mo ircia'miin narch's reign, that St. Patrick, then a youth, was carried ofi'.iwt.""'°

was probably

this

and sold into slavery in Ireland. Keating and others suppose event to have taken place in the reign of NiaU; but

the suggestion just the

made

is

more probable.
in

In either case
scale,
if

expeditions must have been on a large
the
carried

the

word " thousands" in the passage " I was Patrick, where he says,
Hiberio with

Confessions of St.
into captivity to

be not a corrupmany tio"ii.^* The celebrated Allelujah victory, in which the Gaulish rhe" bishop, St. Germain of Auxerre, is said to have led the Christian too" Britons agamst their old enemies, was fou<jht the year 430. ^"^cotic

thousands of men",

Aiie-

marks
inva-

m

The event probably marks the end of the Seotic invasions,^^ and inning of the commencement of the Saxon domination in Britain. It is ''ation
noteworthy that St. Patrick came to Ireland as a missionary, according to some, two years after that battle, that is, in 432, and to others, in 431) to 442, and that, according to a tradition preserved by the Scholiast on Fiacc's Hymn,^*^ he
also

went

into

Britain with St. Germain, and

may

have, conseit is

quently, witnessed the battle.
^*

Whether

this

be so or not,

"Deum verum

iguorabani

;

et Hiberione in captivitate

adductus sum,

hominum, secundum merita nostra, etc. In the Book of Armagh it is "cum tt niilia hominum". Ware read the contraction as just given correcting milia to millibus. Dr. Todd (^St. Patrick, Apostle of Ii eland, etc., Dublin, 1864, p. 3G2, n. 4) thought the ungrammatical milia was probably a confusion of some numeral letters, or tiiat the origi.ial was "cum turba vili hominum".
cuin tot niillibus
\

;

have been fought with the Picts ami Saxons only. Fatlier Innes that Constantius wrote Saxons instead of Scots, there can be no doubt that the Scots took part in nearly all the Pictish wars of the period. s"* See his This statement is made on tlie authority of the late Dr. Todd.
35
'^'ijg

battle

is

said to

But without supposing with

aS^ Patrick,

Apostle of Ireland,

p. o IS.

—^

""*

xl\

ill

IXTRODICTION.

*

probable that that event Patrick to the Scots.
Invasion of
Ca^iiedoZ

may have hastened

the mission of St

To the Same period must also be assigned, if not the first conqucst of North Wales by the Britons of South Scotland under Cunedda, at least the extension of their sway over south-west
traditions,"

Wales, where they supplanted the Irish. According to British Cunedda and his sons came from Manau Guotodin

in the south-east of Scotland to

Gwynedd or North Wales, one hundred and forty-six years before the reign of Maelgwyn, who is said to have died A D 547, that is, in the period from
380
It is

to

401, or during the reign of A^mZZ of the Nine Hostages. not at all likely that that warlike and most formidable of
if

who was able to carry his to the opposite shores, events arms, to have been annihilated in the would have allowed his power very district which formed his base of operations. It seems
all

the Scotic invaders of Britain,

not into Gaul, at

all

to place the conquest of North Wales after the death of Athi, when Scotic power undoubtedly declined, and uUimately ceased altogether in South Britain. If the epistle

more natural

about Coroticus, attributed to St. Patrick, be genuine, or whether or not, if it possesses the antiquity claimed for it, and
that Coroticus be Caredig or Ceredig, son of Cunedda, as seems very probable, it would entirely confirm this view, which also accords with the tradition of the collection of tribute
in

to

Cornwall by the Irish, in the romance of Tristan and which I have above referred.^®

Iseult,

THE LANGUAGE OF ANCIKNT IRELAND.
Nearly a century and a half ago, Edward Llwyd clearly pointed out an affinity between the Celtic dialects and such
Sir William

Europcau

langfuasfes as

nion^sto
connectiun of Celtic witli San«krit,

ham

Jones, at the

end
i

oi the last
-i
i

were then generally known. Sir Wilcentury, wrote these imporcould
.

tant words:

"No
.

i

i

philologer "^
:
.

examme

the

^

a

^

Sanskrit,

Greek, and Latin, without believing them to have sprung from some common source which perhaps no longer exists. There

"
•'*

Nenniits,

c. viii., Ixvi.

App.

The Rev. W.

Basil Jones also placis the invasion of
C

Cu

ledda towards
p.
1

tlie

mid lie of tlie fifth century makes it earlier.

Op.

cil.,

pp. 29 30)

;

Rees

(

Welsh Saints,

10>

INTRODUCTION.
is

xl IX

that both Gothic and Celtic

though not quite so forcible, for supposing had the same origin with the Sanskrit. The old Persian may be added to the same family". The relationship here suggested was far from being the cura similar reason,
to

rent opinion amonof writers.

speech •
classic

be a co-ordinate
Ivatin,

Greek and

IP! .Tillshocked

To admit a Celtic peasant's Prejudices regaiiling r member of the same lamiiy as thetueceitic
•^
1

their prejudices

T

even more

languages.

than did the opinion that the jargon of the Sepoy was in of the Sanskrit, the structure part at least a lineal descendant of which was more perfect than even that of the Greek. Mr. that " the real Celtic is as remote from the Pinkerton
stated,

Greek, as the Hottentot from the Lapponic ". The Empress Catherine the Second of Russia discovered during her linthe Ostjackian. Any guistic studies, that the Celtic was like affinities of a language, expressed before the the as to opinions
true foundations of the Science of

Language were

laid,

would

of course be of no importance now, were it not for the prejudices which they created, and which acted as a barrier to sub-

sequent investigations.

The

Celtic dialects having ceased to be the language of an
class,

piffleuities

educated

such works as

no longer received literary cultivation; while of a scentihad any merit lay buried in a fragmentary form Ceitic lanScholars, conse-

in manuscripts inaccessible except to a few.

to investigate them as were quently, had no such inducements offiared by the literary Romance languages, by the Teutonic dialects, or even by the Sclavonian, which are still the spoken languages of independent nations, and are on that account of Comparative grammar was but very political importance. little studied in Great Britain until within the last few years: the purely scientific interest which such a study creates for even

-v

the most unimportant language could not therefore have arisen. Hence foreign scholars had no means of knowing anything
of Celtic literature except through the works of authors who were either wholly ignorantof the subject, and Avhose opinions
.

iience

mi

were merely the expression of their prejudices, or ardent butiiandsnf
.
.

,

,

.

iinciitical
-^vriters

uncritical philo-Celts, who, excited by the sneers and scepticism of their opponents, put forward the most extravagan pre-

tensions

on the part of the Celtic language and
INT.

literatiue.

4*

}

INTROrUCTION.

Such pretensions, it is unnecessary to say, were not pecvxllar to Irish and Welsh writers, but were characteristic of the nncritical writers of every country not a half a century ago. It was
not irrational to attempt to connect the Irish with the Phoenicians, when we consider that there is strong, if not certain,

evidence of considerable intercourse between the Mediterranean nations and the South West of Britain, in times
Hypotheses
ceitsnot more absurd than tiiose
languages,

anterior to the rise of the Greek republics. The only difference between the extravajjant theories of Celtic affinities , .^'~, .,., other and the analogous ones mdnlged peoples, is that by

m

l*l

in Ireland and Wales than elsewhere, they havc lasted longer in consequence of the exceptional position of the Celtic dia-

paid to scientific philology, and It is these the political prejudices of the educated classes. than the rather hypotheses themexceptional circumstances,
lects there, the little attention
-^^

selves,

which have helped Celtic scholarship of some

to bring such

contempt upon the

thirty years ago.

Celtic

could

M?

bysciiiyei
indJ Gerfamily.

Looking then at the state of knowledge of the Celtic languages and literature in 1808, when Fred, von Schlegel published which he laid his Sprache und Weisheit der Lidier,

m

doAvu

the true idea of genealogical classifications of language,

and gavc the collective name of Indo-Germanic to a family of languages, we do not see how he could have thought of nor should we be Celtic languages in that family
including
;

surprised that continental scholars should have for a long time believed it to be a peculiar language without European relaSir William Jones had better means of forming an and so had Dr. Prichard, who, in the first edition of opinion, " Researches into the his great work, Physical History of
tionships.

Mankind", published in 1813,
belief in the

community European languages in the following passage " We havc remarked above that there is historical Prichard's proof on'the^omv" of the conncction of Sclavonian, German, and Pelasgian races
:

still more strongly asserted his of origin of the Celtic and other

ceiti'c

wkh
;

with the ancient Asiatic nations.
raccs

Now

the languages of these

peai/ian-^*^'

guages

and the Celtic although differing other, and constituting the four principal departments of dialects which prevail in Europe, are yet so far allied in their radical

much from each

INTRODUCTION.
elements, that

ll

we may with

certainty pronounce

them

to

be

branches of the same original stock. The resemblance is remarkable in the general structure of speech and in those parts of the vocabulary which must be supposed to be the most
ings, for

words descriptive of common objects and feelwhich expressive terms existed in the primitive ages of society. We must infer that the nations to whom those languages belonged emigrated from the same quarter" (p. 534)
ancient, as in

To

this passage the following note is

added: " The author

of the review of Wilkins' Sanskrit Grammar, in the thirteenth volume of the Edinburgh Heoieio has given a comparative vocabulary of the Sanskrit, Persic, Latin, and German languages, which completely evinces the truth of the position here affirmed, as far as the above lajioruaixes are concerned. But the proof would have been more striking if he had added
the Celtic dialects and the Greek.
to supply the deficiency,
I

have made an attempt

make public". The promise here held forth was not redeemed until 1832, his work when he pubHshed The eastern origin of the Celtic nations"' ie^twhich
I intend to
this

In
is,

work he

first

discusses the permutations of letters, that

the changes which letters in certain combinations might be

supposed to undergo in passing from one language to another, or their mutual action in the same language, that is, the phonetic laws which govern the changes of sound as determined

by a comparison of analogous words. He next compares the words expressing names of persons and relations, of the principal elements of nature, of the visible objects in the world,

compares the verbal and and in the next adjectives, pronouns, particles which is on the inflexions of verbs, he first chapter, personal
plants,
roots,

animals,

etc.

Afterwards he

;

discusses those terminations in Sanskrit, Greek, Latin,
tonic,

Teu-

Sclavonic, and

lastly in Celtic.

Then comes

a chapter

on personal pronouns and on the derivations of the personal terminations, which he considered to be pronouns, but without
appearing to perceive that they were pronoims in oblique cases, as Mr. Garnett first pointed out. Lastly, he treats of the inflexions of verbs expressive of time and mode. He only incidentally notices the declensions of nouns, in which he evidently

4*B

lil

INTROD'^'CTION.
liis

did not see
that
all

\vay,

which

is

not to be wondered

at,

considering

examples were modern Welsh, in which there is a His Sclavonic hardly vestige of the endings preserved. were modern so that here too he is very Russian, examples weak. Taking into account the im worked condition of the Celtic
his Celtic

languages, that he had no ancient forms, and the comparative infancy of the whole subject, such a work must necessarily

have been

superficial.

As

a

first

attempt

it

was undoubtedly

a very creditable performance, and marked the of a new era in Celtic philology, or rather the
subject.

commencement
first

step in the

now, however, of no value, and I cannot therefore understand upon what principle a new edition was
is

The book

published not very long ago, and still less the kind of one which we are told that nothing has which has been given,

m

been done of any value in Celtic philology since Prichard's time If there was sufficient demand for a new edition, it
!

speaks well for the interest which exists for the subject, but for the standard of our philological knowledge,
ji.

ill

Ad.

work on the [able
subject.

In 1837 M. Adolphe Pictet of Geneva published his very work, De Taji?iite des langues Celtiques avec le San-, sicrit. He it was who first saw the great advantage which the
Irish or Gaedhelic presented over the other Celtic dialects;

and he accordingly almost exclusively used
sons.

it

Better acquainted than Pri chard with the

in his comparimethod of

analysis
logists,

which was now being employed by comparative philohe was able to throw a considerable amount of light

on the phonetic system of the Irish, as is evinced in the success with which he established the radical aflinities of that lanofuaere
with the previously recognized members of the Indo-European family. He was unfortunately able to use only the modern corrupt forms of Irish, and consequently his analysis is not as rigorous, and. therefore his phonological results not as valuable, as if he had been able to use the old Irish forms. M. Pictet
has also used chiefly the modern forms of Irish in his curious and very important work, I^es Origines Indo-Europeennes. Dr.

Ebel reproaches him

for

having done

so,

now

that so

many

specimens of old Irish have been published, and points out that most of the errors of the first comparative investigations

I

1 have stated that Pritchard merely alluded to the declension of nouns. but that it had never attained the inflexional stage at all. that is. as to almost justify the very pecuHar Irish opinion that Irish was not a language in process of decay. The justly in investigations less historical and more philological. As it was. Even with the modern Irish forms this would have been the most difficult problem which > could have been presented to a comparative philologist. and he forms. are simply the relics of the old case-endings. he made a discovery which must have created a new era in the subject. The declensional forms have suffered so much decay. . however. / results of the phonetic changes which they have produced . dialects also In 1839 Professor Bopp published his work. objection of Dr. and make the Irish declension so exceptional. bore his the words which whether to take subject. Kymric. Ebel. does apply to some extent even here and how much fined himself to the older forms. which render the study of modern Irish so diffi- which disfigure it. which in truth he did not possess in modern Welsh. and whether these two ancient Gaul. be remembered. however. Pictet's object was historical induction. when we recollect that to the same cause may be attributed the crude theories and bootless discussions about the pri- more Y mitive lanofuaije of Britain — as to whether it was Gaedhlic or were spoken in Hope's the ceitic liingUiiges.INTRODUCTION U HI both of Pictet and Bopp were due to the want of ohl Irish It should. that the aspirations and eclipses. He was used comparative philolony as a means to this end. session of old Irish materials. the silencing or changing of certain sounds. chosen his materials and conhe have might philology itself. that in the lastnamed work. upon obliged their forms Had his object been comparative were new or old. that is. but did not attempt an analysis of the declensional forms. M. and have so far disappeared. Bopp's discovery was. had he been in posgreat scholar. and the cult. Celtic philology would have soon Til From T1T1T11 • occupied a coordinate position with that of the other members of the family. None of the Celtic manuscripts available to Irish scholars in . 1 there can be no doubt that. Die Celtischen the skill and profound knowledge of this Sprachen. in process of losing its inflexions. .

the Latin. i. by supposing that the distinctive portion of the Irish introduction into the West of comparatively later of Europe. became crippled. and Breton. the year 1843. who so late as curious way of accounting for cases in Irish. faithfully preserved the peculiarities of instance. of the tenth or beginning of the eleventh century. In fact. the entire want of cases in Welsh. Garnett. and as there had not lived any great author whose influence and authority could have arrested for a short time the current of the language. leaving in Irish only traces of their existence in the aspirations and above mentioned mode of spelling at while the adoption of an arbitrary an early period in Welsh. vol. histories. and that the Cymric tongue is and Armoric have more the ancient Celtic. June 9th. We need not wonder then that the majority of scholars were unable to penetrate the mysteries of Celtic grammar before the old Irish forms were made known. is the place to say a few words by way of digression the fruitless discussions which have been carried on as to languaijes whether the Celtic gical rank as the lancjuacres had the same relative sfenealo- Teutonic. and other works which ex- — — isted in the earlier language. 1843» On probable Relations of the Piets and Gael with the other tribes of Great Britain. blotted out all . as I have before mentioned.^' We understand the true Mr. 126. Garnett'. . Ebel says. traces of inflections. the case-endmgs dropped eclipses off gradually. everything true in Celtic philology before that time was the lucky result of a wonderful divinatory have an excellent example of this inability to faculty. or other recognised members of the Aryan family of languages. and created a standard of orthography a classical type the poems. 'w the translated by the Editor. in each transcription. as Dr. or to Welsh scholars in Wales.l.v INTRODUCTION Censes which render Celtic Ireland. were modified. are older than the end eiammar difficult. endeavoured to account for the existence of a genitive and dative case in Irish.i affinities of the Celtic languages in the case of so excellent a scholar as Mr. is a mark of antiquity exhibited by no other European tongue in its original condition V° Qenea logical classiticatli>Il of For This upon .p.. p 13G. Cornish. to suit the phonetic changes taking place in the language so that the full rich verbal forms . whether they formed a — 'g Celtic Studies. Proceedings of the Phildogical Society.

formal elements. would contain languages whose true degree of genealogical relationship would be very different. deavour to represent their genealogical relationships. and classify them according to their roots and the actual condition of their grammati(5al forms. „ 1 of such a discussion rests upon a complete misconception. while modern Irish would belong to a totally different class. and to exhibit as far as possible their relative degrees of relationship. Thus. no matter how far they may differ in the de- gree of development or decay. degree of It follows. it must be clear that a group of languages containing the same roots and havinoj the same dcOTce of de- velopment or decay of grammatical structure. seem not to realise the fact that the object of classifying languages is not to bring together into one group languages whose formal elements are equally developed or decayed. which started from a common parent. . the nature of • .'" I which have already mentioned . Lithuanian of toalmost be with the Greek of two thoucompared day might sand years ago. but to endeavour to group together languages. ships of the languages so classified. Many philologists. we .tiie rrue sented by letters. first. of the manner of growth and decay of language. 1 ' therefore. growth of languages are the result Comparative of interchange and loss of certain sounds. radical and . or are they governed by definite determinable laws? If the latter alternative be true. or were only first cousins and consoquently whether they could be added without enlaro-ing the family circle and bringing in a number of other cousir s. secondly.parison • founded upon the actual state of 11 •! ments could not possibly give the their radical relative decrees oi relation- 1-1 and formal r T of. The aim of a classification of languages is obviously to en. sister Iv group of dialects. or we should rather perhaps say ethnologists.INTRODUCTION. take all If we the languages now sufficiently known. The basis errors regarding. and. ^ that a classification not gwea ele. scieice of dialectic The decay and Are these changes arbitrary. which are repre. could not have attained the same degree of decay and dialectic growth in the same time.aim of. because the several languages of the group not having been submitted to the same dynamic agencies of change. of the true principles of the genealogical classification of languages. and by the reactions of sounds upon each other. — PIT.

Gall. Milan. in foreign libraries. or carried thither aries from the sixth to the ninth centuries. and such was his enthusiasm and application that he caught a fever in Milan which prevented him from completing his labours there. Kaspar . Many of the tracts in the Irish vellum manuscripts of the Royal Irish Academy and Trinity College. who could only use the modern and very corrupt forms and vocabulary of the language. In the libraries of the Continent many Irish manuscripts are preserved. Evidence of c:ise-endings in Irish MSS. Dublin. and in proportion as the true method of investigation of languages has been understood. have been cast aside. there would never have been any question as to whether the ancient Celtic was an inflexional languasje. to so restore a language which had decayed rapidly as to be able to compare it with another with which at first sight it may appear not to have any affinity. tut not known to those who wrote on tlie subject. -iti . but even these were sealed books to the majority of philologists. sciipts available to the investigator or the scrence of language these countries were older than the eleventh or twelfth cen- But. and had they been published long ago. comparing long lists of words from different languages placed in parallel columns. to rctum. ouglit to be able inductively to determine tlie exact structure of a language at some previous period. Oxford. or his unwearied industry. and in J. examines every Celtic manuscript which he can find. Irish JISS. Carlsruhe. Zeuss dinary man — his acuteness of mind and great learning. One does not know which to admire more in this extraor- J. written tliere. is. I havc stated that -i none of the Celtic manu- • m tury. that.Ivi INTRODUCTION. He visits St. Kaspar Z euss they found an interpreter. all the crude and erroneous theories founded upon what may be styled "columnar philology". The true science of comparative grammar is based upon that assumption. exhibit abundant evidence of grammatical endings. Wurtzburg. by Irish mission- Among them are especially Latin tracts with Irish glosses explanatory of the Latin texts for the use of Irish students. copies the glosses or texts with his own hand.. These works contain invaluable materials for the study of Irish grammatical forms. Upon the materials thus laboriously . although in a mrrtilated condition. and other places.

information afforded by Irish glossaries. is another class of books which should not be forijotten — those Wsu other works hoaring on on what may be called philological ethnography. it conhiins a large comiparisons with Celtic dialects. of relics a formal of the of elements. was published in 1853. all many The ways. Celticg^ an examination of the materials of Celtic etlinogfaphy. must henceforward be the starting point of scientific investigations concerning the Celtic languages.INTRODUCTION. and the result of thirteen years of incessant labours. and the works of Dicfenbach. in which wc have an epitome of all the — information which can be gathered together upon the various tribes of Germany and Gaul. imperfect as it must necessarily be importance of the book. works I have named are entirely philological but there . as number of the Irish. especially with Many of his comparisons require no doubt revision from the fuller he had not access. and in the second a means of comparing old and forms. he constructed a grammar of all the Celtic dialects of which we have any remains. Those who had occupied felt that at length the Celtic Besides the dislanguages were placed upon a firm basis. modern The Grammatica /^. written in Latin. . Die Deiitschen unci die_Nachbarstdmme. to which But even the errors of such a man are often of value. and printed Cornish and Armoric books.his orammatica Celtica. Among them may be mentioned the following: The excellent book by the author of the Grammatica Celtica. especially when accompanied by the rational and moderate caution which distinguishes him. covery complete system Zeuss determined the outlines of a complete phonetic system themselves at with the subject of the Celtic dialects. Origines Enropaeae. and took 1 p 1 ^ inaiica Ceiuca.— European scholars all by surprise. thus affording means of determining accurately the phonetic laws of the various dialects. now antiquated and of little value. being superseded by his later work. collected Ivii from Irish and Welsh manuscripts.in Celtica. Grammatica Celtica is afford us in the first Wot the least valuable part of the the large " collection of old words which instance an enrichment of the Celtic oiii forms of in it . The veteran .-d work of great research and value. The same aiitKorVcompal-ati-ve lexicon of the Gothic is of considerable value to the Celtic student. The Gra??i. words vocabidary.

JEleinrich Ebel in his various papers contributed under the title of CelCmche Stndien to a German journal for comparative philology. ' - a knowledcre of pliilulogy useful information in his Celtische Forschungen. has given a new and healthier imAnother French work pulse to the study of Gaulish history. 395. whose researches am oner continental libraries we owe . Whitley Stokes in the same periodical also Disadvantage of materially contributed. was called Burdigalensis. we have a thorough examination in the light of modern philological science of the Celtic in the writings attributed to Caesar.. a. many relics of old Irish writers. Celtic philology labours under the great disadvantage of having no veiy ancient Celtic having no very ancient continuous text which. supin certain formulae of incantation in the works of to exist posed Marcellus Burdigalensis in the Grarnmarian Virgil. . be determined the imporstill. remained to the result of decay. Some fragments and glosses were. the Marcellian known as the Malbergian in a copy of the Lex formulae .. because he was reckoned among the Emj^iricists. and Empiricus. He mentions many . . like the fragment of the Bible of Ulphilas. the^rst being a Gaulish glossary. a result. tant question of the Aryan character of those inflexions. been fully solved by Dr. physician to Theodosius die Great. and in his Die Gallische Sprache und ihre Brauclibarheit fur die Geschichte.d. grammar determined Ebel.. could give us the full formal text. who died at Milan in January. . because he was from Burdigala or Bourdeaux. assigned in the family. which deserves mention as marking the commencement of is this new era for Celtic philology anciens idiomes Gauloises. Roget de Belloguet's two volumes of the EthnogSnie Gaidoise. words which are to be found In France. . M. the glosses Salica. in my opinion.. however. JMarcellus. gives some . In Gliick's invaluable work on the Celtic names mentioned by Cassar. to INTRODUCTION. to which a number of papers by Mr.ivni otiir^r liearing Irish works on Mone. M Monin's Monuments des Although the Grammatica the inflexional character of Celtica established beyond doubt all the Celtic languages.. and that is the Aiyan character of Irish modern condition of the languages however. and in elements. and qu that being settled/the rank or position they should be there That question has.

INTRODUCTION lix for Gaulish plant-names and several popular remedies. or will find a Celtic word. with a strange ox" (er scheint -aber mit Mone to^Grimm's "he appears to plough fremden Kalbe zu pflii- gen). Grimm himself had however already was not a single word of Celtic in and he had not discussed or occupied As to Marcellus. or the Malbersf Bui'diy^aleiisis. ' . that if any one seeks in his book for words from Marcellus Marceiiian Forraulaa . die Geschichte. A. Glosses. approached nearer to Irish than to Welsh or Breton or Ar- moric. or in other words. Paris. naturally excited considerable attention. S. 8. . that he could easily understand how the recognition of the Celtic where it really is. be Celtic. k. discovery of a supposed specimen of Celtic speech as old at and which from the character of the is formulae doubtless much older. invenio". 7. tlie after a careiui examination ^1 r ^ or those formulae. the gramnarian Virgilius. for in all these no one has found . 1851. ^* " Quae apud Marcellum Burdigallensein. Jacob GVinim to • . the formulae pronounce j which he took down from the mouths of the people. stated *' that there . Chevallet was not less unfavourable than Herr view. if not the whole'. 1 855. 53.. de a scholar who sees much Celtic where it is not. pp." But the most important verdict against the Celtic character zeu^s' of the formvilaries of Marcellus is that ° given ^ A end of the preface to the Grammatica Celtica. as the latter remarks. S.Gaulish speech.— in which he says ''i>'i™cter -^ . si qui quaesiverit in hoc opere non inveniet.^^ though. inaudita vel incognita. came . but was received Herr Mone warned Grimm controversy with a " ffreat deal of scepticism. Grimm.. '2 Langue Frangaise. *^ und hisiorische Abhandlungen der Alademie der Wis- senschaften zu Berlin. to conclusion that they were Celtic and related to Irish he even attempted by means of the latter to interpret them. ^ on the that the Celtic should not be improperly extended.subject. as Grimm very Die Gallische Sprache undikre Brauchbmkeit fur Oriyine et Formation de la Philoloijische. The least as the fourth century. 1858. he will not find them. should have escaped M. Virgilium grammaticum. he is not at home in the subject. the Malberg Glosses himself with Virgilius.*' where. in hie otunibus eiiiiu cquidem uec iuveni Yooem Celticam nee . 172. upon Grimm retorted. in Glossa Malbergica leguntur perigrina. at thetononby Zeuss "— Celtic . aus dem Jahre." A in 1850. and further which showed that the language of Aquitania.

pp. namely. lie gives no less than ten names of plants and one of a bird. aus dem Jahre 1855. Akad. . A. 6<c. me that those interpretations. the existence brought of a dialect of the Gaedhelic branch in Aquitaine in the fourth Zeuss admits their Celtic cliaracter. hist. so appears rational. could not easily be again lost. A. just referred > Grimm on of Gauiisii inscriptions . but It to . of the texts of Marcellus. Varro. 76. and that it had penetrated Philolog u. hevha Graece Chamceacie. Thus: trifolium herbam. Zeuss also before his death fully admitted Celtic languasfes". Dioscorides. zu Berlin. so precise. Reexatni- he would which are Tlicse Unfavourable criticisms led subjcct. a result of great importance for the history of the century. questions of such vital importance for the early history of the whole of Europe. confirm in a remarkable result to light manner the by that scholar. Monin. to assume that he did not seriouslv examine Marcellus at all. y~. 67. Grimm to reexamine the the results also tbesunject In 1855 he laid the result of his inquiry bef )re the of the formulae of Academy of Berlin. Odocos dicitur. which he expressly states to be Gaulish. 78. The is only way to recon- cile these facts with Zeuss' opinions. for otherwise have been sure to quote him also for those words referred to in the authors above mentioned.. once made. The following passage from Grimm's memoir. " If WG Consider that the discovery of writing. which the latter laid before the Academy of Berlm." '~ . of those results than in the words of the character express pictet's opinion. properly observes. quae He also mentions several which are likewise distinctly referred to as Gaulish by Zeuss curiously enough Cicero. "I do not know whether I am mistaken. •* . Pictet: . Abkand. der k. in his Momments. S. Gallice. the Celtic character oi the Marcellian formulae t r-inr it r i m • ^ / a letter to ^ Jacob Grimm. obtained like those of Grimm almost without a change of M. gives a critical account of the analysis of these Formulae by Grimm and Pictet. Pictet. shows how little had been done less than twenty years ago to properly investigate Gaulish history and old Celtic languages. to. embodying M. Latine Ehuliis...Ix INTRODUCTION. in a memoir. — • . quae Gallice dicitur Uisumur as . d. Pliny. Wiss. in which the Celtic character I cannot better of Marcellus was triumphantly established. and which quotes from these writers without 7^ making any reference to Marcellus.

however. Roman peoples. wliich exhibited an undoubtedly understand almost entirely higher perfection of its forms. the Celtic and Germanic. is necessary for such monuments but the Gauls. The general use of the alpha- ^ bets just mentioned does not. possibly even the Etruscan". and neigh - bours of Etruscan. half or two-thirds of the Umbrian the riddle of the concealed Etruscan will. in their inscriptions on stone and bronze. neglected to engrave lasting monuments on stone and bronze. however. There is. For all these languages. probably Etruscan letters. cit. additions any from such Since then. just as easily. this deinscriptions. partment of archaeology has made so as indeed Cassar expressly informs us. ample. But we should have been able to explain the Gaulish from the later Celtic language. tlie old world than is usually supposed. i. akin to that used in ^ the inscriptions on Iberic coins. or more easily. no doubt. 1x1 it m remains for ex- to as. and thereby give to posterity certain information of themselves sure. preclude the use also of a peculiar or occult alphabet of their own. which might have im- explanation of the former condition of the Gaulish language. parted to us the precious We the Oscan inscriptions. To be the favour of the Grecian and Italian skies. *« Loc. one day. and already possession that no doubt the Celts of Gaul and Italy were there can be acquainted with the use of writing. cl. however. tiicy could have learned from them the use and application of writing on stone and bronze. no trace of a Gaulish inscription from so ancient times being known.INTRODUCTION. under whicli . S. the former using Greek letters. reveal itself . than the Oscan and Umbrian languages have been investigated thoroughly by the help of the Latin and the kindred ISanskrit. and those of Upper Italy. Umbrian.luwever."' and also Roman ones. guages It is )(' much progress that we are of a in great many Celtic inscriptions. 14. Gal. « De Bel. writing scarcely decays. vi. 52. however.. possessed the greater part of Upper Italy long before the commencement of our chronology. 29. deeper he regretted that even highly endowed races. evident from this passage that Grimm did not expect mmy now to the linguistic remains of the old Celtic Ian. . and of their language." come under the law of the Indo-European.

32(5. Monin. . and of one of the principal nations of Europe in olden time. in a series of papers in Kuhn and Schleicher's Eeitrage zur Veryhichenden Sprachforschung lias given a most elaborate and very valuable account of all that had been done in the subject up to the time of their publication. near the *® now preserved in the ruins of the temple of Roman baths in that city. remained so long unnoticed and neglected. who only showed their utter inability to solve such riddles. pp. texts. sereina of covered befoie their ter Several of the inscriptions now recognized as Gaulish were discovercd long ago. are sufficient reasons why those precious witnesses of the languages of one of the great branches of the Aryan family. brought ridicule on all investigations into Celtic But even though none of the obstacles I have V enumerated had existed. in the work above referred to. reasons why their character number of the inscriptions found. or Berlin. vcrcd. has given the texts of all the . See vols. and among them some of the most imBut the disbelief in the existence of any knowledge portant. ^_ ' Professor J. it is only since the publication of the Grammatica Celtica. the . except the great public ones of Paris. outsido that of the classic nations. manner . t i i (jaulisn archaeology amongst most scholars repute at the t i i was recognized^. and the other investigations founded on it. m • time. I shall briefly describe the present position of the subject. in . I have freely used these papers in drawing up the brief account of the subject in the text. the out-of-the-way books in which they were first noticed books which are — almost unknown ^^ it would be vain out of their places of publication. M. and which to seek for in any libraries. that Celtic philology could attempt a rational solution of Gaulish inscriptions. The spestone tablet found at the fountain ^f Nigmes. Becker. their unin- successive and therefore mostly inaccurately copied. and lastly. As no account accessible to the general reader has yet appeared upon this important subject. or antiquity. the and isolated way in which they were first disco- was not sooner recognized. 162. The inscription .. ^^ ^i^^lj *^^® insciiptions loug mentioned: — kuowUj the following may be 1."*^ im^mtant known'^n"' scriptioua. London. and Diana. Gaulish inscriptions known to him. 405 iv. classified. the small telligible.Ixii INTRODUCTION. iii. ethnologically or geographically and has added analyses of many of them. the complete indifference to ^ . 129. 2. which the inscriptions themselves are dist i i t . or were left to be disfigured by interpreters. perscd in provincial museums.

d' Alise. Eglise Cathedrals de Paris. 321-ii35. and able antiquary. wliich was known to Rou- He mentions it in his Dissertation sur A ^ this inscription 3. 4'° Geneva. pp. p. Germer Durand in a notice^^ of an essay of m. which inscription in the museum Durand Avignon since 1841. it Duchess of Orleans. iv. and Nevers. pp. le r{£!t<^-/-'oz^ier'5. which Avas found on the 16th of March. et du sens qui lui revient dans les inscriptions votives du Vieux Poitiers.*' A The fragment of a four-sided Gallo-Roman altar. Dur^" Captain Coulson^^ on the inscription of Nismes. tablet found on a an marble also included inscription in ]\Iusee Calvet at has been the in 1840 at Vaison. "^ *^ line Mevwiies de l' Academic du Card. Dom Alexis Lobineau. 75. triu estie de 1855. Ill. 88 to 90. E. as to the state of ancient Gaul. It was only in 1851 that the first serious their first attempt was made of a comparative study of this class of in. 1851. . published a memoir^ on the in of that word. et s'q. et de Nevers. and on the sense be understood in the votive inscriptions of Vieux Poitiers. Poitiers. l?04r. at the now in the Hotel Cluny in Paris. Bulletin de la lSociet€ des Antiquaires de I'ouest. 129. 1850-51. under the choir of Notre Dame. Dissertation sur Us monuments de la Cat/iedrale de Paris. insaiplion Laline de Musee decette lille. vi. M. and on a Latin ' ""^ of that city. Lettre a M™*^ 1' la Duchesse Douairiere d' Paris. Essai sur une inscription Celiiqne trouv^e a la fontaine de Nismes.^' ^ ^ and a number of other antiquaries also describe it. figure and fac-simile of published in 1786. IxiU on the Menhir of Vieux rjcrnon de Saintes in 1783.studyT* scriptions by M. ii. I have mentioned these discoveries thus minutely. 1711. g. merely to show the total inability of scholars to deal with such inscriptions. Siauve. The Abbe Auber of Poitiers. were published in 1804 by M. lot. \tl his comparison M. 1 his memoir was illustrated by two plates of fac-similes of the inscriptions found signification which it is to *' *" Memoire sur les Aniiqidtes du Poitou. Orleans sur les antiquites deter- rdes dans naS. attracted by the enigmatical word lEVRV which occurs on many of these inscriptions. a zealous Abbe Aubcr. Besides the account published at the time by Baude- Musee des Thermos. and the prejudices and ignorance of the archaeologists of the last century and of the beginning of this.INTRODDCTIOW. et stir ^* Dela signification du mot lEVRV. pp. Leibnilii opera omnia.^" forms the subject of a letter of Leibnitz to the Dowager Montfaucon. pi. *' t. Alise.

de Fontenay . in a short time. The inscriotion of Sainte Reine d'Alise U his colleagues MM. Nos. of Vaison above •' these materials and including the mentioned. ^'' Archeologique. f)2.^^ Becker mentioned by M. near Dijon. iuicriptijns en ®' Essai sur quelques langue Gauloise. de Longuemar and Cardin. and Nevers. Mont-Afrique. Vieux Poitiers. 1856. 69 «<> Rid. . Paris. Sect. Bd. ^^ <-49.*' This work contains a copy and a linguistic analysis . s p 290-296. xiv.Ixiv in INTRODUCTION. and that in 1727. 58. 53. Bd. that Eilinogtnie Gaidoise. 96. Geneve et Paris. on the handle of a bronze patera. >859. An attempt to explain them was even made. the inscription of the fountain of Nismes. Interpretation du mot J lEVRV. que portent certaines inscriptions. in gallo-roniischen Inschriften. The same journal also gave m 1856^^ Abbd Auber's explanation of the word just mentioned. de Belloguet's and Pictet's works. Professor J. and now in the Mu?ee de the menhir of Vieux Nevers had already been described in the journal Institut^^ for 1850. which Avas only M " *^ II. been Upon this first made. in Burgundy. Ueber das Wort lEVRV. for the first time examined. tion. at Sainte 1839 Reine d'Alise. p.^^ In M de Beiiogutt . Ibid. 5™^ Annee. No. the mean time appeared M.. 1858. Roget de Belloguet's work which not only contained a new inscrip- La Cave. lished a paper on the scriptions^^ to word lEVRV in Becker pubGallo-Roman m. Volnay. Volnay. and now in the Palais des Archives at Dijon. near Beaune in Burgundy. all Taking advantage of inscription Professor J. Rhmdsches Museum. xiii. of that found in 1853 at Mont-Afrique. M. 154-158. critically M. of the seven inscriptions just mentioned. p. Ad. which he afterwards added a supplement. Autun. as well as those of at found la Cote d'Or. the inscription on Poitiers already mentioned.*^° found at the source of a small stream. progress had. but gave the texts of the Sainte Reine d'Alise. Simultaneously with the appearance of M. Piciet extended exposition and examination. . 21 annee. at inscriptions of Vaison. and that of Autun. s. 244-245. Pictet founded in the following year an admirable Adolphe which showed what essay. pp.. . . 3G.

309. this with especial refer- both his predecessors. important results of "'ese investigations. 100. . Boudard. ®^ xv""'. . in North Italy. IxV known to provincial aichaiologists in France. ii. and. Siegfried and himself of the curious inscription on a silver plate found in 1858 at Poitiers. Belli iiye zur verglt. namely. (1859) S. All the inscriptions I have been discussing belonged toCeUicinsci'iptit'iis Transalpine Gaul. they give us in part the very forms which Dr. written in the *^ Recherches sur I'histoire et la la domination Komaine.. in forms whicli in antiquity yield in nothing to classic Latin. Go (1860). Whitley Stokes.. Bd ii. attempted an analysis of it. At the end of this paper the author gives Ibid. 40 etseg.icheudin Spracliforscluiuy. as well as guage. namely. for as ° Prof. Pictet. to be Celtic.. and many respects are on a par with the most archaic forms of old Latin. Whitley »"jr^|W Archeologique by M. in addition. Bd. .. a reading by Dr. The result •^ '^ ' . ^^Ibid. in which two datives Mdtreho A'a/rtaus^/:'c(6o = plural were recognised Matribus Nemausicis. bilingual inscription found at Todi. those examined by M.*^. . p.INTRODUCTION. and that of the ancient altar of Notre ence Dame in the Hotel Cluny and . S. fac-simile of the inf^cripiiou A 0* . was brought notice of Celtic scholars by a paper in the Revue the under ]\Ir. but Mr.*^^ and thus widened the basis of the mvestigation. believing theofitaiy. Sanskrit the i (t/) -bhi/as. which are descen- — dants of the Indo-European datives plural iu -bhias. of these successive investigations is very important. geographie du sud-est de la Gaule avant 1858. Herr Theodor Momrasen has published a collection of the monuments of Upper Italy. being ejected as in Latin -bus. Ebel had previously inductively anticipated from the phonetic laws of the Lish lan- They establish languages. we are made acquainted with .This enabled than no less nine Gaulish Stokes to investigate inscriptions. beyond a doubt that the ancient the old Germanic ones.Aniiee.®' In this paper he gives a translation of the Nismes inscription by the late Dr. to tlie labours of Siegfried. likewise been gained from these investigations which affords a most valuable verification of the inductive method of research of modern comparative philology. that of Nismes just mentioned. Avril. Lottner" has pointed out. s-' Bd. iii. S. were as Celtic Another result has highly inflected as the Greek and Latin.

Miss M. Rapport 8ur line inscription tracde sur une lame Antiq. p. Unfortunately many of these made were who knew little about the by persons attempts was still worse.. or. Old Irish mscrip !ons.®' times. The first rational attempt to investigate them was made by Dr. what ideas about the ancient Irish current about thirty years ago. viii. Ad. p. Herr Mommsen himself has expressly monuments stated that the question of the language of the North Italian is perfectly independent of the alphabet in which Here. containing a translation of the tract on Ogham in the vellum manuscript known as the Book of Ballymote. h M. Two classcs of Lapidary inscriptions have been found in Ire- 1^^^ ^ first. drawn up from the notes of the late Dr. Stokes is about to publish his collection. 29—41. cit. de I'Ouest. 1 See Proceedings of the R.. vol. . then. the present Protestant Bishop of Limerick. A. been made to translate them. was read in 1863 before the lloyal Irish Academy by Dr. d' argent. whose book on the subject. The latter are all Christian. were filled with the absurd subject. enriched by consider • ** able additions. p. i Graves. de Longuemar. not only to the subject of Gaulish inscriptions. trim. Mittheilungen der Antiquarischen Gesellschaft in Zurich. Monin much room for further investigation.Ixvi INTRODUCTION. important not merely for the Celtic languages and history. those in the Runic-like writing called Ogham. Though leaving translation. and attempts have subsequent centuries. X North Etruscan alphabet/* some of which are undoubtedly in a Celtic language. p. this paper is an interesting contribution. Lottner. 308. — Bullttin de la Sodeti det 1 Lettre Ibid. ' the ethnology and early history of Europe. de Longuemar au sujet de I'lnscription Gauloise sur une plaqne d'argent deux trim. rich in the promise of results.. 1853. Petrie devoted much attention to the latter class of inscriptions. but also for they are written. de 1859. 6' The late Dr. Some of them pagan have been from time to time described. also M. 1. but also to Celtic mythology. a wide field is opening up for future investigation. VII. 7 21.. was published attempted a at the time by M. a Op. and belong to the period of the sixth and < Many of the Oghamic ones belong to and are therefore of far greater value.' and M.^ tion. and second. Pictet^ gave a reading and translation A paper containing an analysis and translation of this inscripof it. Nord-Etruskischen Alphabeten auf Inschriften und Miinzen. C. de 1859. prem. those written in the ordinary Irish letters. 88 (1861). Siegfried.

has long been anxiouslv expected by all interested not only in Irish. and bilingual iiiscnption». The subject but with our increasing knowledge of the Celtic languages. and a fac. but as this introduction has gradually grown too big. i>*" Bd. Celtic numismatics is destined to add to our list of old forms of personal and tribe in its infancy . and customs. vol. CC paper published in Kuhn and Schleicher's BeitrdgeP Valuable and extensive collections of Gaulish. near Dunlavin. John in an old graveyard at Killeen Cormac.^' Mr. p. but as yet very little real progress has been made in deciphering them and identifying them with is still historical personages.. . both in Ireland and in Wales. but in European for archaeology. in the county of Kilclare. by Mr. Whitley Stokes. S. It has also been given. I must reserve my available space for the discussion of matters more fruitful at the I moment in results bearing on the subjects of these Lectures. number of them have. and Iberic coins have been formed. especially in connection with the history of Oghamlc writing. introduction as I am «*• not now concerned so much 293.simile was published by Mr. Whitley Stokes has given an analysis of both inscriptions. 363. inscriptions have also been discovered ow British few years. been published. Westwood in the Archceologia Camhrensis for April. and personal ornaments of the people. Shearman. I had intended to give a brief accoimt of the present position of the subject. within the . in the preface to his Three Another was discovered by the Rev. cally. I. with the Irish language «» Proceedings R. do not propose to mention here what has been done special ob towards the publication of the contents of Irish manuscripts. from time to time. and fully described by him in a paper read before the Royal Irish Academy. . for the Celtic part of the inscriptions is written in the latter. are of the highest importance. ix. 5* B . and the Latin in the usual Roman letters. One was Dogmaal in Cardiganshire in Wales. observations Irish Glossaries. names. and illustrations of a Ceitic nu- uiisraatics. in a . British.INTRODUCTION Ixvli made him by Professor O'Curry. and throw light upon the dress. with some discovered at St. 1860. . arms. manners. F. both philologically and histori- Examples of bilingual last . A.

adding however many words to the language of the people. as universally position as regards comparative especially with the successive steps by members of the great Aryan family a fact now admitted by comparative philologists. de Villemirque and others in making known Celtic legends and songs to the French reading public. But during the struggle. which remain to but rather with plillology. and the grammatical forms and ultimately dropped altogether. When the loans from a foreign vocabulary are considerable. on the other. and the crude linguistic theories so long current in England. Races fuse. and which . ^" . itself. and their language gradually disappear. may impose its language upon the great When this happens. the original conquering race majority. netic laws undoubtedly are modified. but languages do not. and modifying its phonetic system. one language must therefore ultimately suppress the other sometimes it is that of the dominant race. crippling its grammatical forms. . but it subjects its loans to its own phonetic laws and its own grammatical forms. for otherwise the minority would be gradually absorbed into the mass. In expeditions England. the pho- languages. One language may borrow from the vocabulary of another. When two races mix. and other documents written Its in it. disposes for ever of the Phoenician origin of the Irish on the one hand. or allude to the labours of M. .^° ETHNOLOGY OF ANCIENT IRELAND. continues to keep up its connection with the parent country. Thus the old Norse died of out gradually Normandy when the Viking ceased. INTRODUCTION. the Saxon English of the a very small minority people finally drove out the Norman-French of the nobility the moment England began to lose her hold of the French pro- vmces.Ixvui or the Mstoric us. i and more which the Celtic languages have been proven to be inflexional languages of coordinate rank with the Germanic and Latin languages. and that her nobles ceased to look upon themselves as Normans. but not necessarily that of the most numerous one on the contrary we know that crippled. the French inserted such % For the same reason I do not mention what has been done in Wales or Scotland in a similar direction. Effect of mixture of races on their Identity of language does not necessarily imply identity of race.

did not extend westwards E^g^''^^^. ^jJ^^JJ«^°- Sc and northwards to it farther than a line drawn from Dorsetshire the Wash or Tees. " of the corresponding Saxon terms. who who lead the fashion in i An Aryan character then of a language o o does not necessarily language it. or at least very little. just cited. "hog". of the who all speak people imply community of origin "°'jj^''j''°°^ '"^^e. neither were all those spoke The Aryan J . >< The use of such words as "beef". "veal". does not imply any original superiority of the Norman language over the Saxon. nor is it of itself a of the Norman people over the proof of the higher civilization Normans were those who made the that the but only English. pore. ^ • . and have nothing. Beyond properly speaking Germanic. Celtic dialect. of the a priori. is an example suppression of the effects are such as we might anticipate These second. veau. o r is lar greater than that or the during the struggle for mastery. which. whatever was under the Romans. when the language subject race upon that The case of the Norman-French and Engof the latter wins.1 Effect of • i/r- n ^ language of IIP! lish. which are only Anglicised forms of the French names of the animals that yield them hoeuf. is an example of the first. ox".. Celts. the enforced and laws. a Ixix it number of words character and new into the English vocabulary. the basis of the population. Every one who speaks English. this Saxon region. "calf". or more people of the south-east of England from pre-Roman times. legal nomenclature of the consequently several articles of commerce. and that the language or the subject race wins.INTRODUCTION. etc. as to give difierent phonetic laws. remained the same through the whole . at most. instead "pork". of the dominant one. besides which they were those classes chiefly constituted the language as well as in dress. is not neces-«f a who an Anglo-Saxon. were Saxon. to do one way or another with the original superiority of one language over another. even in England. the eiiect oi the dominant lano-uao-e of the dominant race upon that oi the subject race that of the conquered./ sarily so-called The opposite is. "mutton". n ^ I • a When a struggle of languages takes place after a conquest. however. while the gradual Irish language by the English. the conventional opinion of most persons who at all discuss I have already mentioned that the the question of race. — "sheep". mouton.

like the Franks of Carausius. which for of classifying personages.. and t r ^t fully admit that Great i • t /->. and with much greater force. is apt to make us how different the two would look with their full inflexforget onal forms. ' a member Aryan •' family. . The great difference that now \ and Welsh. but by no means entirely. and the conquest of British principalities by Saxon adventurers.-. the two languages o e SO very closely related to each other a few centuries before the Christian era. to those who spoke the ancient Irish . times. were related to each other. slow intermixture and fusion of the two populations must frontiers. they aie the result of the action of different and ever. The Irish and Welsh tradi. as we shall pre- L Ireland pe()f)led sently see. Professor O'Curry has given a summary on this of the traditions about the early Irish races. must have been nay j more. or chief kings. into Saxon hands. dfferent tious asscrt indeed the contiary. centuries have been referred to peo- . but it does by not thence necessarily follow that they all originally belonged to somc branch of that family.ed in early times. and which was no doubt materially aided by continuous immi. coordinate ^ aa. and the same remark applies. to a large extent. ditions as a convenient mode and events. This Saxon imposed the languages bncons. wc iiow kuow . many of whom A were Gauls or Germans. gradually imposed the Saxon tongue upon the British and British. ulti- mately transferred the possession of the land. . which form the basis of all the eaily He used these trahistory of Ireland. we are further told. races. legends. Some of ' Some g^^age at least of those who spoke the ancient British lan- wele must have been of the Aryan family. which arose upon the fall of the Roman power.diverging phonetic laws exists between the Low German during two thousand years. Irish Britain and Ireland were successively peopled by different which in the case of Ireland. The language of the of the latter was •' language on as closely . have taken place along their The gradual rise of the / Sftxon supremacy of the Saxon Bretwalda. except in so far as it Saxon and Norman was modified by the intermixture of soldiers of the Roman legions. and that as we have them now. that they must have been practically but marked dialects of a with the Saxon common stem. grations from the shores of the English Channel and of the North Sea. Supremacy.Ixx INTRODUCTIOX.Speaking population..

Firbolgs.The junction tinguishable. and is often more dangerous to science. which constitutes the mythical part of Irish history. he would have discussed the historic At one time I purposed doing so in value of those traditions. O'Cu'ry this introduction. Milesians. Christianity 'n Ireland. ^ regarding ancient traditions may be carried too far. for the junction of the two is easily dis. Irish medieval chronicles of everywhere else. no attempt can be made and consequently any speculations founded upon them in their in recounting yet. •v the laws. to discuss at some length the question of But the better I became acquainted with institutions. 1 T • 1 • r them. Every legend. As in the Chionothe case of the other nations of middle and north Europe. present chaotic state would be wholly profitless. every myth contains a kernel of truth. together. Until they are all brought to critically analyse them. and which are them given in the following pages of this Introduction. Tuatha De Danands. or with the introduction of Christianity. . . The results at which I have arrived regard- interpre- ing the political organization of ancient Ireland. difficult the subject appeared to me. Irish ethnology. grees. and might be injurious to science. too credulous faith in their truth. The traditions themselves these have not been yet gathered together from all sources each writer not fuiiy . which those tra- . In any case the time has scarcely come for dissecting and analysing the curious tissue of legends of Umorians. selected what suited him.INTRODUCTION. or what appeared known to him to form a consistent whole. Ixxi use made lived to complete the designed to illustrate the social life of ancient Ireland. Had he whole of the series of lectures by iMof. . and others. pies of different origin. . . and life of the ancient Irish. appear to me given to be not wholly irreconcilable with the mode in ditions have hitherto been interpreted. Ne.. . . if o bcepticism as well as a • • affected their we could only remove the hui-k of fable which en- velopes it. And like the . But this is unjust. the early Irish Christian chroniclers and genealogists tacked on the pedigrees of Irish kings and chieftains to those of Genesis. and the union has had in reality no serious influence reaiiy upon the character 11 oi the Irish portion oi r.. . true hi3t( ry not chronolosfical history began in Ireland either by contact with the ^ Romans. . the more and them. Fomorians. This union in the eyes of many discredits the whole of the data based upon those pedi- joined to ones. Time not y6t c( me for their /^ \ K medians. analysis.

All the Tain Bo Chuailgne. In the first place. the beauteous jewel". and noble Cuchulaind : . and Customs of H//-Fiachrack. skinned. perfect form. '^ p. the Tochmarc Eimire. and are curiously contrasted in their blushes: the fair-haired type has a pinkish tinge. Existence of two types of people in Ireland. The Gtnealogies.^' In the ^' See the whole of the beautiful episode of the Fight of Ferdiad and vol. had golden hair. clear blue eye.I XX n There INTBODUCTlOTir. the brother of the celebrated Athi or Dathi. however. The same or an analogous type forms the basis of the Welsh population.V / mourning over the fallen Ferdiad. such as the\ England. the Firbolgs. lithe limbed race. or gray-blue eyed race the other. which I have already mentioned as being the non." Continuing his lamentation in another poem. The two types may still be traced in the country. as well . and the Brudin^ early conquering Daderga enable us to judge. stature. and blue. ii. dark eyed. a dark haired. noniau Firbolg Ferdiad. golden coloured. 413. Edited by .Saxon part of So far as the early ancient tales. . which may be considered as certainly logy established. there were two distinct types •/ of people fair — one a high statured. Dear to me thy gray. thus soliloquises " Dear to me was thy beautiful ruddiness. and to a varying but often considerable extent of that part of England west and north-west of a line from Dorsetshire to the Tees. small or medium statured. races of Ireland were and Milesiaus belonged alike to the first type. Dear to me thy wisdom and thy eloquence". y That the colour of the hair of the ancient nobles of Ireland was golden rather than flaxen. with scarcely a trace of pink in their blush. is proved by numerous allusions scattered throughout the older poems and tales: thus Ere. Cuchulaind in the Appendix. blue eyes. The curled. Tribes. are. or red haired. he speaks of the dead warriors hair in language which might be equally well applied to a long-haired Frankish chief: " Thy yellow flowing hair. The Damfair-haired type. Dear to me thy comely. a few broad facts regarding the ethnoof ancient Ireland. was called " Culhuidhe. Tuatha De Danand. pale skinned. ^ because the smelted gold was not yellower than his haii". as the Milesian Cuchulaind. the other a full red.

to a king of Ireland who Christian era.^ Ixii. - The hair is there like unto the blossom of the Sobarche. 192). LL. curious Ixxili poem addressed by Midir.®^ Torna Eigas thus describes the hair first of Niall stanza of the lament for that we used as the to go the Dal With the son of Eochad Muidhmeati. All the ruling races in Britain appear to have had similar physical characteristics. a difference of the descriptions. l. Tuatha Dt Danand. a people who occupied the Boudicea country north of the Stour in Suffolk and in Norfolk. '^ "1ti cAn oo ceijmii" •oon •0A1L Lc niAc eoc1u\c "buix)! tllin'onieA-oAin SobAipce iigle potcbAi fojx cint) niAC '* CAiiMie". In the former " the blossom of the 6o6Aarce". ^* Professor O'Curry has given a translation of this poem in his ninth lecture (vol. passing almost to a red hue.comparison sius''^ of Boudicea. MS. and Huntingdonshire. . is translated by golden hue." Edain s own hair is said to have been like red gold after receiving its • colourmg. in the Tain Bo Chuailgne. p.se<i. queen of Eochad Fedlecli. 191). p. 785. 2. she is thus addressed as Defind. '- These comparisons of the colour of the hair John's wort. queen of the Iceni. The description given by Dion Cas. or like the blossom of the AiUster.D. is considered to have lived before the woman : ' O To a wonderful land that is mine. John O' Published by the Irish Archaeological Society. 5. when the Romans first invaded Bri- tain. or St. col. 1844. save only in aspect. queen of Connacht. Xxphxlinus. easily accounted for by the different sources Donovan. i. clearly prove that the colour admired most was a rich golden. Of the colour of snow is the fair body". Ki. or of yellow Iris.' INTIIODUCTION. John's wort. or "^ -^ yellow of the Nine Hostages in the warrior " When : Iris. Cambridgeshire. ii. and I have added a somewhat different one in a note to the twenty-eiglith lecture (vol. or fair Befind^ wilt thou come with me ' a mythical personage of the the Edain. p. is V almost identical with that given of Medb. H. A]t. Yellow Which was upon Soharche was the yellow hair. the head of the son of Cairen\^* to that of the St.

'* '^ are especially dwelt Lect. blue eyes. 98. Governing classes While the in king of the of Eriu. and a spear in her hand. which in other parts of the Tain Medb >v is described as wearing. his swine herds are " " " dark". p." Hrolf Sturlungsson says to the prostrate Hrafn. described as having a vest or a golden collar like Boudicea. fastened with a brooch of gold over her breast a straight ridged s/egh or light spear blazing red in her hand". Dub. was worn by all queens and women of noble birth and is described very fully in the Lectures. I'l^^ Norse and Germans had the same prejudices regardingblack In one of eyes and dark skin. harsh of voice. . it is needless to say. 9. are only accidental omissions in this passage she is described as she appeared on one occasion only. and Dorclia. Irish queens always wore a golden Muinche or torque. and having a profusion of flow- . Such a vest in Ireland. Brudin Daderga as a tall illustrious > with cheeks dazzling white. or at least hair that the brown which of Aorse!^ hair. as well as a diadem or Mind. and from the ancient the in classes ancient tales.. the Norse saga. note 67. a variegated flowing vest drawn close about her bosom. A size. cia«sos the chief. All who claimed to be of noble birth should have fair or rather golden coloured. mg collar yellow hair. which there is If the Iceni were a Germanic every reason to believe was so. brown". with long flowing golden yellow hair upon her. and a thick mantle fastened by a clasp or brooch. people. Judging ruling Eriu appear to have had the same prejudices against black Norsemen had. which fell down to her hips.^ fair-haired. Gonyuhroljs saga. xxiii vol. and with a tinge like that tale haired. pale. c. terrible of aspect.. Here is Medb's portrait as given in the 2ainB6 Chuailgne: " beautiful.Ixxiv comparisou ot queens lioiuiicea INTRODUCTION is Boudicea described as of large of countenancc. sparkling black pupils in blue eyes glancing. and curling yellow locks. a crimson cloak.'* Medb is not here . Conaire Mor. black". a large golden on her neck. the resemblance between the two heroines is of greater interest. is described . these. and a fair skin — three characteristics r?a"nst h'alr. . savao-e p . but which is not mentioned as part of the dress of Boudicea. upon in describing a warrior or king. ii. long faced woman. 01 the dawn upon stainless snow. Dond. that they had about black hair.

so-called " Celtist's" inability to give rational explanations of a great many words of the classes just re" Celtists" ferred to. however. while the black youths showed the qualities of their noble origin. . owing to the different dynamic influences. This identity of race and explains language between the so-called Celts and Saxons. ally developed marked dialects.INTRODUCTION. IxXV the winter guest of the who under Jarl a plebeian name has been " Thorgnyr of Jutland. which. Hagny. II. Seeing this. Ilalfssaga. bare black and ugly twins. explains how words which appear to be ""e. dress. gradu- same race. Landndmabvk. his so-called being. of The latter is the Gauls and Belgians by means of German. c. which she concealed from her husband. the wife of king Hior Halfson. / identity of ^ ri f* f'fi. the more we are led to regard them as essentially the iiuiied noi th-west speaking a common language. J / 1' Gauls. he would. no doubt. in most severe upon the cases persons whose knowledge of Celtic languages consists in the possession of a few dictionaries of the modern dialects. which in process of time have become essentially distinct languages. blue-eyed peoples. longer. and exchanored with the new born babes of a maid. and Scandinavians. and 1-1 11-1 Celtic to one are good German to another. at a notwoidsme German -1 ^° very remote period. Thus Herr Holtzmost personal another . especially contact with other peoples. etc. mann and Professor Moke are able to explain and geographical names.'** and they were allowed to grow up in bondage. and the dark royal children grew up in serfdom. 17. Germans. If Professor Moke had been aware of the resources ot Old Irish. The more we investigate the origin of the Gaedhil. thou hast a noble man's eyes"... 19. Britons. we are told. The cowardice of the slave soon broke out. have expressed a very different opinion on the power of the Celtic languages to explain Gaulish names and ^* Eigi sa ek slik hcljarskinn. to which it was subject in different countries. in the white adopted children. would not have the " hellskins". and many terms for arms. and discovered the cheat to her husband. There is another curious story in the Norse saga which strikingly indicates the prejudice against dark skin and hair. all fair-haired. the king. Hagny could not bear the deception she had practised any But Hior.

r. or Scots. which couuect most of the successive colonics witli Germany That the tribes included under the general and Scytliia. The mysterious people of the Ana7id. affords an important support to the Irish traditions. . the Ncuiidians. and commonly called the Tuatha D6 IJanand. • by Irish . their relations were chiefly with the V northern peoples. Germany. the result either of tiiisreia- tionship borne out long continued unity or of a very special reof mind of the peoples". says that the analogy nection of these [i. and from whom legend derives both. We are not. from the shores of the Bay of Biscay. must have been nearly identical a few centuries before This also affords an explanation of an obthe Christian era. translated by the E(lil(. or. according to our traditions. preceded both the Firbolgs and Tuatha De Da^ nand. The existence of a brown type in Western Europe before 127 '* Celtic Studies. are connected in a remarkable manner with Gaul. traditions. and along the Belgic and Frisian coast. were. INTRODUCTION Both Irish and German do. perhaps.'. and have left traces of themselves in our laws. On the other hand. and Scandinavia.e. for they servation of Dr. Irish and Germanic] languages.JXXVI terms. the whole current of our and chronicles bring them from Spain. p. As between the mouth of the Loire and Galicia. and judging by the oldest and most characteristic of the historical tales belonging to the heroic period of Cuchulaind. That they were a fair race is beyond doubt. Another people who. Ebel. and not with the south of Europe. legends more strictly speaking. in describing the affinities of conjugation of the Celtic with the Teutonic and Slavonian lan" points to a most special conguages. a Germanic people. so far as our legends tell us anything certain of deities DS and them. and should explain them. to the Milesians. yet in a position to positively accept or reject the legendary history of this colonization. who. how- ever.'^ the lationship is fully borne out by the Irish traditions This relationship ^ "^ . •' i • • i r^ _ _ ^ name of Firbolgs were identical with many tribes in Great Britain. the discovery by Grimm of the Gaedhelic character of the language of Aquitaine. there seems no reason any longer to doubt.

victims in a larger proportion than other races to the successive famines that have desolated the country. p. m .INTRODUCTION. according to tradition.. and anything can be discerned of their nature. Ixxvii with the the arrival of the Aryans. ANCIENT TERRITORIAL DIVISIONS OF IRELAND. it • 1 ? 1-P the people belonging to it being one ot the earliest.vo\. in the country of the Silures. that is. where it can be accounted for. who. 561. Niebuhr has well observed. 294. If the Milesians really came from Spain. a pic- The ancient Iberians and Ligurians are assumed to have been hvo^n type the representatives of this brown type the ancient world. xi. were dispossessed of the land at a very early period. et posita contra Hispania. that " wherever mention is made Differences of tribes in the early part of ancient history. gen'iaiiy The type existing British populations in Wales. It is curious. even in Egypt and *" India". is a fact which will be generally admitted. it is manifest that they were either distinct castes or of different origin: and even the distinction of castes. 574. . **' Hiitory of Rome. admitted . ^-^ that we should find this type more marked in Kerry than anywhere else in Ireland. e Dionysio. translation.*' were an Iberic population. What itself is best . seen among the value of this testimony may be it is not easy to say. where. always arose from immigration or from conquest. . less iiiki but certainly seems to harmonize with the results of modern In Ireland this type exists in a much smaller investigations. it not the earliest race that occupied the country. C. democratic Institutions. . however. Silurum colorate vultus et torti plerumqut' crines. if lace .. the slaves of the Milesians were planted after the suppression oHYie A ithech Tuatha revolution. Ayricola. occupasse fidem faciunt. and which has been gradually fused The latter. . \\ their retainers and common soldiers should undoubtedly have been Iberians. 81 — Prisciani Periegesis Oxford edition of 1710. i. fell 1 • numer- proportion 111- than in the West of England. before the period among when an irresistible change in the condition of society led to castes due any difference of rights prevailed of among them. according to Dionysius®" and Tacitus. and being the poorest. . Iberos veteres trajecisse easque sedes. 1 inasmuch as than in England.^'^ That the state of things in IreSee also Friscian's Dionijsiiorbis Descripiio.

embraced not only the families or houses who were connected by blood. some being genealogical. and others geographical. The Greek Genos some is probably the repre- sentative of the Cinel.^^ while in respects we may consider the Phratry as the equivalent of the Ciand. that is. ** Niebuhr's History of Rome. and retainers. Cinel.. that is the Cinel. The Irish terms Cinil or Cineal. gradually introduce foreign elements amongst them but in countries occupied by mixed races. the Cenedi of the Welsh. of Houses. in the later stage of political developCihil and Cland. periods the who have . and serfs or slaves may be — — inferred not only from the which plete Tribes distinct immigrations our legendary history records. and especially where towns and cities grew up. new citizens. Cland or Clan. genealogical relationship. pastoral peoples.Ixxviii iieiand no INTRODUCTION. families were mere local associations. at least originally. i. Nomadic peoples retain with ciations genealogical character of their fixed domiciles and practise husbandry. or Cind is " usually translated Genus". but also all their clients The Greek Genos. Tribes in antiquity were related made up system aristocratically organized. know at all events that the Houses and Phratrys were genealogical. by the compiler of the Annals of Ulster. but also from the comtribal number of development of a composed of houses. Tribes. Hence we confusion in the meaning of terms applied may expect to Houses. comprised persons by blood. and Claud or Clann.^^ We Houses might belong Aristophanes to ®^ to diflTerent The Gennetes of the same Domes hence the taunt of . comprised the several Houses deriving from a common ancestor or head. . that is " the children". much ment. expressed. land was no exception to what conquest has always produced among nations privileged classes. but which afterwards merged into local asso- wherever any considerable development of population occurred in course of time. 312. and had nothing whatever to do with the tribes into which Clisthenes divided the people of Attica. etc. which at first must have had a genealogical origin. that they had no Phratrys. a systematic division of the country had been made for the purposes of government. and where purity for long families.

Trebh occurs also in Irish. where Wiglaf. Birds. a son or kinsman. 765. 235. though originally I it must have been it was only the noble families ^"):'g^. The Anglo. The term cognationes. barbarous ones. having been applied to the people occupying a which had a complete political a chief or Rig." rather than the clan. pronounces a malediction in which among others things he says Cf. *' c. looki:ig on the cowards who desert their lord while engaged in a fatal combat with the FiroDrake. Mac^ gen.INTRODUCTION. or maegschaft.- Yv geographical. See also Kemble's Saxons in England. who are held responsible for his actions". The Anglo-Saxon from llaeg. old form Macqui. . That the MaegS or family was responsible for the acts of the members. Properly speaking. Saxons in very early times had the clan-ship quite loped as as fully deve- °'' ^««9"''- among the Irish or Scotch. who adds the following comment " Not each of you individually. There is an Irish popular saying which ex- presses the *^ *'' same idea.** The term district Tuatlt^^ vjqs. no doubt had in view such a Maeg&ceaft ruaM or mate-ship.'"- . . ^''"'"'• that were of the Glands. sed familiae et propinquitates. and could bring into the field a battalion of 8*i^/-o5fs. is evident from the following passage in Beowulf. Thorp's Edition. which comprised several Fines. Ixxix The Latin Gens. shall be deprived of his rights of citizenship: from which we must infer that the misconduct of one person might compromise his relatives. when he tells us that the armies of the Germans were organised according to families and relations. at the same time genealogical and The and legal administration. in the sense of a complete legal household establishment.l?t"J^ genealogical. i. nee fortuita conglobatio turmam aut cuneum Caesar's term is facit. that is. cognation. Ger- mania. Make. was called the Mdeg-hurh?'' Tacitus. vii. Fine or House. when not related by blood to the chief. ** Quodque praecipuum fortitudinis incitamentuui est. represented the Irish Maegth. but each and every man of : your kin."* The Latin Gens represented the Cland only J rather than the CinSl. and means a family. The responsibility of the family for the acts of the members. the tenants and retainers. non casus. 57(j6. only belonged to it. for we know that the Gentes did not consist of Patricians alone. 419.J''^ *"^. Irish : lond-rihtes mot of land right must boere maeg-burge of the Tribe monna aeghwylc idel every man hweorfan wander void Beowulf. that it comprised persons not strictly of the same family.

Volcae-Tecsame root.trdte. was perhaps the German tu. 1 he name of the chief of the Gauls who inva- The ded Macedonia was called Behjius or Bolgios. e. it was tuL. U. a fact of some importance. also applied however to a or of three four.) were originally called Volcas or Bolgas. 9. Belyue. and with good reason. Volcae in Volcae- Tuath. or even more Tuaths. . Old Norse.. 6). Old High German. from a root tut. at least of the heads of family. Irish Fir-Bulg. I'u/^-us. Volcae. and the troops of which were united toffether in war under one commander. Cf. or magi. Tectobagcs corresponds to Ttiaih in Irish tribe names. — Phyle in which we have perhaps the cognate and corresponds to the Sclavonic Pulk. to be strong. The Gothic Gavi Old Celtic Tnath. or Gallo-Romau incriptions. it probably corresponded to the Gaulish Tooutious. The tribe tosages. consisting called a Mor Tuath. — The ^' Irish name Tuuihal a. . Fo/i. e. J. 2). that is. tola. INTRODUCTION. G. great Tuath represented Gothic.Mairlini. of armed men organized for battle.)but of genealogical or Gau. like the Irish origin. Fylk apdoubtless a fixed pears to have originally meant a number number.^° All these words signify " people".g. The word was gether for certain legal and legislative purposes. The Fylk. Thjoth. 858. or great Tuath.ad the Gothic I'otilo are perhaps related. mentioned iu the preceding note. but which gradually became a political association of In the same way that the IJor Tuath was an aggretribes. Oscan tovt. In Old British people or district. but Prof. Ihis. now tud .Tectosages according to Ausouius QClarce Urbes. In this sense it was — The Gavi or Oau. a Gaulish name of Apollo (Orelli. N. stem. the Scandinavian Thjoth was an aggregation of Fylks.^^ a number of persons. by Siegfried. which were associated to- seven hundred men. and the Greek root. a number of families associated together partly by the Formed of three or four bond of blood relationship originally. Diut. Lat. Becker suggests. like the Breunus of the Gauls who besieged Rome. Toutela ®" Tuath. xiii. and represented the Lithuanian tauta. magistrate of Nemausus. contain the names Vokae. as it would to show that the cantons of ancient Gaul were called by a name corresponding to the Irish Tuaih. tuta. larger division. This similar to Gothic Thiada. Thiuda. Tuaiha gation of Tuaths.XXX the Mdr Tuath . to multiply. that is. g. the Umbrian It occurs in several compounds found upon Gaulish. tout. 2059). Toutillus (Muratori. (Gruter. that it should be " publicus". to bring forth young. or Nismes. 1281. The words T00YTI0Y2 NAMAY2ATI2 tablet found in 18i0 at Vaisou in the inscription on a marble have been translated '• Citizen of Nemausus" Dr. etc. This word is derived from Folk. Toutio-rix. a political division. to grow. must have been a title and not a proper name.

" Of which the modern Riding" is a corruption. Phyle. 502). had always more or less of a genealogical character. ten tribes. from herr. and the Tridings or Triihings'^* of other the representatives of the 3Ior-Tuath parts of England. Die nordisclte yermanischen Volker. H. Gothic harjis. Blackstoue considers the Rapes of Sussex and the Laths of Kent as an intermediate division between the Shire and the Hundred. " 82 It may be objected that Jornandes translates F{//t by gens" but it modern writers well informed frequently conshould be borne in mind that . Tuath contained three or four Tuatlis (. ii. vol. and Luceres. the Latin Tribus. root. Munch. Here it however. 131. a body of troops.^^ 82 word appears izera. each of them containing three or four Hundreds.INTRODUCTION represfciiiacivG Ix XXI of the Fylk and Tuaih. just as the Crith Gahlach. ^* Seo Spelman On the Ancient Government of England. or have their names formed from the same relative grade. Obai. Kapos etc.^^ it and political charac'"' of those divisions distinguished from the genealogical. Eapes of Sussex. need not be expected among the ancient populations of northern and western Europe. T/ie was a subdivision corresponding to the two just named. . This work is a Munch's Det Norske Folks Hislorie. and the Scandinavian smaller divisions. which Gerefa or Reeve. Amonsf the Anglo-Saxons the Laths (Laethe) of Kent./.see Each Rape and Lathe had formerly its Trithing. tlie captain \v\so INT. were each subdivided into tue Fhyie. much obscurity about those may be proper to remark that the same divisions which we possess in modern regular subordination of times. had alfso supposed to have been formed by dividing a Gerefa. 52. the . like the Irish Tuath. Fylk. were of Ireland. German translation of the two first sections of Prof. The pure geographical character of divisions only • arises with the 9* growth of cities. ^* . the The Phyle comprised ten Domes. The Irish Er. p. Raranes. the German Gavi orsubdiFtjlk.'^ there divisions. the SparEach of the three ancient Romulian The p. Mor App. p. Err. a champion. aflbrds a strong proof of the geographical ter. and Erad Criche. and that divisions of different countries which have the same name. Titles. do not always hold the same The Greek Gau. is. 9« Hera«. the Fylk into Heraihs. found local and personal designations in descriptions of new or little known countries besides which. tan tribe. O. Laths. German hari. although in many cases the Laths or Letas were Hundreds. acting in subordination to the Shire Gerefa or sheriff. and a shire into three parts.. as If this be really so. and Erad. were subdivided into latter ten Curice.

and in heathen days its own temple. We cannot be certain whether the number of neratlis in a Fylk varied or was always a definite number.Ixxxli INTRODUCTION. In some instances. express subdivisions of their native territory. but he remarks that. iv. and among the Anglo-Saxons one of the best-known divisions German was the Hundred. Munch states. they were. and the latter its " Thing". two 37 The Bavarian Hererietra consisted of forty who were perhaps horsemen. shields. the same. In name at least they to a division correspond among the Old Germans. known to by its Latin name the Ceyitena.. this deserves special consideration here. its bound to bring a certain number of men into tbe field. In ancient times the former had its " Mot" or assembly. It is uncertain whether the Centena was a us subdivision of the Gavi or the Gavi itself. This being so. The English at Icast. some subdivision of the battalion which the Fylk represented. that is. Halicarn. however. The word '^ag\f^^ " Pagus" was used by the Romans not only to . but on closer comparison there can. but generally of other countries and was also used On by medieval writers. Swedish The We find mention in Gothland of a division called a Hundari. which still subsists. the more general division must have been into ten. and are said to have it account been first organized by Servius TulHus. though there were some points in which they diftered. are certainly related The relationship is the more interesting from the Crich being a subdivision of a Tuath. I think. derivation to have been applied to a district of variable from size. that there are large and small ones in Norway. considering that the AngloSaxons divided the Hundred into ten parts or Tithings. Pagi were fortified places raised for the protection of the country people in case of forays and hostile excursions. 15.'''' though the division of commanded to Herr and Hera's. the troops of a Crich or district in time of war. be no doubt that the Hundred represented the Fylk. from whence has come the modern Canton. Dionys. The English Hun- dred might at farst sight appear to correspond with the Herath rather than with the Fylk. The word Pagus appears to contain the same . I believe. the Irish Tuath may be looked upon as the analogue of the English Hundred as well as of the Scandinavian Fylk.

was accompanied by one hundred men. raising taxes. to ward the limit or boundary beyond which it was This word was used to express deemed unlawful aggression to go to cross and at which was lawful to insult and slay those who attempted by force. and observing sacred rites in common the festival of the Paganalia. Gavi. qui jura per pigos vicosque reddunt. jam nomen et honor est. . moreover. bellandi causa. in speaking of the German foot soldiers. ' of Pagi which the Suevi had. who acted at the same time as his council and in order better to signify the extent of the authority enjoyed by the judges. a o ^ -\ It is kingdom — the it three-fold subdivision of each probable. Germania. when dispensing justice in the Pagi and villages. Eliguntur in iisdem conciliis et principes. the off. uses that word in the sense of Centena or Gau. root as the Irish baga.^® a number which may be connected with the name Centena. . to threaten. c. of the people. tells usi^ndby Tacitus.INTRODUCTION. et nuraerus : centeni ex singulis pagis sunt idque ipsura inter suos vocantur : : et quod primo nuraerus loj fuit. preserve to us its two-fold character. ex quibus quotannis milUa amiatorum. In another passage. xii 6*B . . 1- • i" TIT IT ovganiia- having a magistrate. Tacitus also...^* there can be no doubt that hef^^™'*". in which he "^ orives an account of the number equiraient 01 some . sion of 41 the r^ 11 Germans had some larger territory. that they were selected from all the young men. ^ by the its political The • inhabitants of each Pagus formed • • a regular political society. Numa. The two words " pagan" and *' peasant". — In the obscure passage in the first chapter of the fourth book of i^seti ^y Ccesar as t!ie Csesar's Gallic War. indeed. and therefore as the equivalent of an English Hundred and an Irish Tuath. tion.'"" he appears to speak of Pagus as a subdivi. Gate. an hundred tells from each Pagus. The name was and the village perhaps given in the instance to the fort which grew around and was subsequently applied to the adjoining district cultivated or pastured dwellers in the Pasfus. '* Hi [Suevi] centum pagos habere dicuntur. lUd. he us that each of the elected judges. vi.. which are traceable to the Pagus. consilium simul et auctoritas adsunt. that Tiiree-fom subdivision Ric or of the ^ ancient Thuida or Diut. Centeni singulis ex plebe comites. holding assemblies. '^ singula Definitur Quos [pedites] ex omni juventute delectos ante aciem locant. suis ex finibus educunt. Centena or •'insdoms. c. the country people into Pagi is as Ixxxill old as the time of first it.

Hafn. Latin Boendr or Buendr. (ibid. Biskupa . incoluere: er J^assi bjo. Hundreds (called in Yorkshire. bjuggu). Coloni . to the Norse Eiki or kingdom. The Irish subdivisions of the pro- kingdom or Cuicidh. dag dagb&ls konungr. 15) . a vil- and the Norse Bol"^'^ or Boeli. praedium {Magnus saga kins berfcetta. which he " confounds with the Carrow or Ceathramhadh. or Rige. Buondr. . 131. 3). where Thjassi lived {Giimcf.^*" Like the latter. Wapentakes). they dwell under the dome of La. and Tithings. 5) the abode of storms (the atmosphere) Arngrimi Historia. pi. a Magn. Edda. and it The word Baile itself is cognate with the Sanskirt Palli. a fort or castle {Olafs saga. 11). Odin's) martial ball. the Baile or The term Ricce.. biia j^eir UoSr Hropts i. '"2 Ogf/gia^ p.-64) bol. b&l ela. in its most extensive signification for. Thjoths. vincial and Heraths. ftmd-ns. a provincial The ivisii third. was also used by the Irish for kingdom. it probably had its fort for protection against sudden attacks. solar bol. the serpent's bed or nest heaven .^^^ equivalent to the AngloThere is also a Saxon Bonde. for the laws expressly state that king Du7i without a king". the Greek 7roXtc> which meant a farm or manor.t.) gen. 38.rusticicoloni (Snorra. German Bauer or peasant. and hence in time a village. I. habitare. 65). Boandma«r. a high place or abode. Lathes or Rapes. Middle Latin " Ballium". etc. c. m. ^"^ ii. nismdl. Fylks. we shall see presently. which is certainly connected with .e. iSogu7. Christisuna. lage or place. B&l:=Byr. hatt bol. dreka bol. a division corresponding to the English Tithing Hundred and . an estate. hins helga Vattardrdpa. (ibid. it was " he is not a a Dun. Buandmenn. bjo. the king of Heaven (ibid. 5). and the Bally. as The Irish Baile. 479-480). the residence of a The M. Cf. heaven {Geisli — 1859. Hropts (I. 1848). God. were the Mor Tiiatha. Ed.e. it had two probably represented — — the Latin Pagus. oppidum Byss and Byjar. is not a who has not a Dun. stanzas. byr. lie says quae ex nominis : notione est quarta pars pagi". If the fort belonged to a Rig or king.IXXXIV lyfTROraCTION. "" O'Flaherty translates Baile by Pagus speaking of a Carrucate. oppida {Olafs saga Tryggvasonar. . Byir.1. correspond to the Anglo-Saxon Rice or king- doms. . and to this last These would the term Pagus may have been applied. the abode of the sun. Bua (by. a division of considerable interest. 38) . the Ticath. a husbandman {Grdgas. sedes diei. valhalla {Voluspa. sigtoptir. 24.

. the words are Bith Baile. suggested reading of imgabail. p. Patnck. we are only led from one : " difficulty to another: for who shall explain balliura ? The earliest instance have met of the occurrence of baile is in the Tripartite Life of St. ociif fists is 1ia'6a]\c ^ui^\|\e". Latin Ballium. a . vii. At p. as '" Stokes (Irish Glosses. H. In the same MS. they or Gavellce. iii. and commanded him to go back to the Sabail". Ee also considers the place". is The word the text of the Tripartite Life. T. the words mbi Baile are used for an ever boiling pot. thus in the vellum ciiAini'ec MS. or it is name for a pantry or shrine {i. as in "Bally". and out of this brake he spoke to Patrick. better than the The former means to remove. Wele and Gahellos. Reeves (Proc. or take care of. p. " To avoid in the brake of thorns at tlie side Patrick. connection with " ballium". The ever boiling pot is only a figurative way of expressing an ever open house.. and expresses the meaning of the passage better : "Victor came to meet (to watch or guard) Patrick to the port (place). were called either Gwelhjs or Gavaels. of its /. The second from the Celtic form of the word rather than from the Norse. in the Brit. " is it that it is called Caire Why Because the it always keeps a violent boil- ing steam over it on the fire. The following commentary upon the ? original passage con- tains several meanings for Baile. a 2 (top margin) " is baile inso sis as incertus'^ " there is a place here below that is incertus". and adds (p.INTRODUCTION. until he was in the brake of thorns at the side of the Baile. he notices an earlier occurrence of the word in the Book of Armagh. These words are not exactly synonymous. notwithstanding the double lologists hesitate to I. guard.D. ingabail. or. The The oweiiv they are written in Latin documents.'"* peasant holdings constituting the ancient villages and hamlets of Wales. 3. Baile. 48) says If notwithstanding the singleness with the Med. the modern representative of the Old Irish word. 15G. Dr. ici]\ hiA-|\Ann. imgabail?) patricc asin port corraboi 1 : ^ immuiniu draigin boi the house till he was i toeb in baile. of Royal Irish Academy. vol. Museum known A as Egerton 88. The cnairsech twelve An bAil-e a nejAjACAix a its length from the iron to the place where its horn is fastened upon it (53. we have: "in •DA '001M1 '065.). to be opposed to its contemporary with the Book of meaning implied in this passage viz. sy and to me there appears to be no doubt that the Latin came connect them. 18. ii.e. b. waies we connect it 1 10. Victor went from of the baile". to watch. IXXXV which has made some phi- I is inorganic. f.b.C. The passage in which the word occurs is about the Dire of the mbi Baile or Bith Baile. 485) note is — " meanwhile we have unfortunately no into the composition of in certain instance at an early date of a this proper name which term enters". 48'1) is of opinion that this marginal Armagh " itself. In the MS. Many passages may be given where Bai/e has the meaning of place. which is probably the more correct form. and the stay upon the distress levied for its restitution. 12 tanic victor do ingabail (leg.

348. or to place in the abstract. ties of the crimes. Brit. 88. .e. and entitled to a share So of the inheritance according to the law of Gavelkind. INTRODUCTION. just as now the word " townland". which is kept behind the co/6a [or partition] it is in it that sweet seasoned meats are preserved to save the Enechruice [i. as the name of one. p.e. a house where people are entertained]. Egerton. of the members. b. Boeli. a slice or flitch of pork cooked and browned. upon it until they go away out of it".ch Baile Biatach. p. and it apor serfs. 18. Mus. v. if the Irish people had continued to speak Irish. and then the demesne attached to the house. of kings. 1578) at the year 1560. who were liable. its modern representative. etc. could both be applied to holdings in the same villa. made. . T. and by the latter. f.b. The names which are compounded of Bally now in use. post. or the branches of a Fine or Gauael. Or Baih is the name of a Brodmuc Feneada [a cooked crisped an pig]. the word Baile occurs for castle. 57.'"^ pears each of them could be occupied by freemen The word Gavael or Gabella represented the Irish Gahal or or Gahla Gahalla Fine. which originally meant a homestead or place occupied. are any special the result of the change of language. CD. b. and ultimately the village or town that grew about it. The Liberi and Nativa corresponded. or at all events in ea. and it is their Dire that is upon it while the food is being prepared. 105 ^ Wcle or Gabella occupied by the former was called a Wele or Gabella libera. or it is a name for anrath Tuathail [i. From this interesting passage it would appear that there was a public refectory in every Baile. at least in the same way. i. to the Irish Saer and Daer Cetli. and sometimes meant the holding that Gabella meant all the members of cupboard or meat vessel]. for the penalfamily. and it is their is the blushes of the master and mistress of the house].e. and MS. and also for the house in which their food Or Baih is the name H.""^ a family having an interest in a certain holding. of the Four Masters (O'Donovan's ed. All the meanings given in the foregoing passages agree fully with the meanings given in the preceding notes for the Norse Bdl. The word Bal^ occurs in Old English for the jurisdiction of a bailiff. clxii. *c« See on the Fine.. In the Annals Dire that is MS . and then to any place in general. The general use of the word to designate a house and its demesne or farm would explain why it would not be used as a topographical name. as we shall see hereafter. vol. as the following passage from Robert of Brunue shows " Sir Jon of Warenne be is chef justice we do not use : Sir Henry Percy kepes Galwaye These two had bali/ of these loudes tueye". like the Saxon Mcegth. a Wele or Gabella nativa. and until it is finished and consumed. pi.Ixxxvi The amiiy wkiea. 3. who in olden time was of very different rank from the officers now called by that name. and would not have been employed.

and is often so translated in Latin documents.'"^ seems to indicate that Wele or Gwelly was applied to parcels of land. Gwele Llanraynt.tva. so that it appears to have represented the Irish Ballyboe. one containing a single is also I. we have the exact equivalent of Bdl in dreka an interesting confirmation the serpent's bed. Gwelly was used as a topographical designation exactly in the same way that Bally was used in Ireland. the Irish the Irish Baile and Bally. or parcel of land indicated by a special topographical name. or holdings of which the possessor had Wele and Gwelly are the exact equivalents of socage tenure."" In the ancient laws of Wales it meant a settlement for a family'"* or household. which now as well as anciently signified an enclosed place of residence. containing sixty. and the other a double II as in Irish. meant. on the other hand. '•8 »o* The Record of Caernarvon. four erws or acres. represented a whole. sion in 1838. — of the The word Bun above mentioned represents the old Norse Tiiej5»n T?m. German Zaun. then. Laws of Waits. the initial Welsh gw representing b. A Wele or Gwelly.waUi. the "" Tota villata de Penman tenetur in quatuor leciis et omnes inde teuentes sunt Nativi. 90. bdl. often derived from that of the possessors. The existence of the two forms. of great interest. as Wele Kefwrtli ap Cador. in its most limited sense. In England. G. while a Gahella represented. videlicet Gwele Ithyk. 20 infra. Gwele Gwayssaiie. Gwele Ostroyth. to be described presently. 5. however. that is a number of Gioellys^ perhaps united for legal and administrative purposes analogous to the Irish Baile-Biatach. 82. bed or couch. p. a couch or bed. rather the family itself. as is proved by the Irish Bes-tigi being the equivalent of the Welsh Gives. but did not get fixed as part of the permanent names In Gwelly as a of localities to the same extent as the latter. Gwely. and Gweli/gordd. Ixxxvii This view is borne out by the use of the word as the name The Gu^eiiy of a measure of land in the Venedotian code. Ancient Laws.INTRODUCTION itself. 12 Ancitnt . a subdivision of the Cenecll or CinSl. published by the Record Commis111. . 109. The word Tir Gwelyawg applied to freehold land which could be inherited. properly speaking. relationship of the words.

canis . vho always sent their young hounds to be reared at the houses of their farmers. cf Strabo. usque nunc conscriptas Belagines nuncuJordanis de Getarum sive Gotkorum origine et rebus gestis. quum Silvas impeditas vallo atque fossa munierunt.. : Poeticum antiquaa Linguae septentrio'nalis. and practically agrees with ligilsson's. liaer er heima hverr. Caesar tells ns the Britons called a place surrounded by ramparts and fosses in the thick of the forest a town. this line (i/oyaMaV. a village Bane used in grew up about i it. Gloss. 82. Ixxxiv.Ixxxviii INTRODUCTION. the manor of a vassal). p. "and built a house" (strophe 20). xxi. '" master at home (Hdvumdl. The Norse Bol and By appear to be syno- at least there is no doubt that By originally was a mansion or principal farm house. agrees with Cajsar's account of a British town. the dog at the bu (i. just as alongside the mediaeval two senses castlc the village of the retainers ^^ 1 1 and serfs • was built. established a homestead. See also the note on BuUndr. including of course sufficient land to keep a family in independence. look upon thy own house as better. however small. naturaliter propriis legibus vivere fecit. exists in so many English town-names. den Hund im Vorwerk (Die Edda. The Banyooe. Boe means a habitation or house. p. physicam tradens. are rendered by Jornandes as Bellagines. anle. 107). quo incursionis hostium vitandae causa conveiiire consuerunt. quas pant" . The explanation I have given accords with the practice of th feudal lords. eighteen manors {Rigsmdl. In the liiffsmdl. 35) bu er betra jjott litit se. the Ballyboe and the Baile-Biatach. 36 and 37) heima (skal) best feita. the centre of the Pagus. Lib. atjaabu. and we may read his " oppidura" as Gaulish Dun. which explains a Dan old gloss quoted by to be two walls with water. . we have the words gjorra in domo aliena" in Egilsson's Lexicon hu. and is equivalent to the ^ i -^°^^® as -^i/' wliich etc. to Fm^'ush t) •. whence the modern Anglo-Saxon town". and by Karl Simrock. str. Perhaps Bdl and Bi/ being applied to the same thing may explain why the Bye-Laws of the G oths. Eecog- novit. 83) is translated " domi equus saginandis. Bk. rt t ihe word haile or Bally as an Irish topographical term was employed in two senses. iv. 1861. 11° — . that is. that is. en hunda a bui. now Rhodez. eos erudiens. Gal."" The Professor O'Curry. Oppidum autem Brit anni vocant. signified even in the oldest Anglo-Saxon a real town. each is . etc. etc. s.e. and as Scandinavian Tun. Bel. st. the horse should be fattened at home."' In Ireland this appears nymous. would correspond to Odin's Sigtun. c. Hence the Gaulish Segoduman. cap. xi. laws of the " Nam ethicam By or manor. Stuitgartia. zieh den liengst daheim. Thus. Carol. 51. barbaricos mores compescuit. There can be no doubt that wherever a Dim or Tun was erected. " " Tun". v. Aug. ^^- Appleby. where Rigr recounts the labours of Karl.

and Tyrone. 81. 580 and Rev.?«//i/ioe "Copland". and plain. "* It is bii cit. Reeves. etc. A. the legal qualilication of a Bd Aire of the lowest class. occur only J in the certain counties of Fermanagh. however. and sufficient The following curious fodder. as topographical r o r ' ^J^ portant that among as the combinations of this Reeves mentions word which Dr. is the representative of the Teti-Bricc. R.. xviii.in Book of in addition. folk called Tath. and mea..INTRODUCTION. he errg . tic. one of the three royal Whether the word be palaces of Emania. Stokes' [rish Glosses. "" This Teti-Bricc is mentioned in the very ancient tale called Seirgliyi . with the ex. 477. and thinks the term analogous to the Latin Bovata and Saxon Ox-gang in this. •^ occurs nniy names. "^ "^ Loc. and of forest. but this a later and a secondary use of the word. with its appurtenances. The word is. Its primitive meaning was a house or settlement.counties. 17. as distinguished from a hovel or bothy. part 2. is strophe 6)."^ Dr. p.I.]^. Now it is very imception of a few in Armagh and Louth. a cow. to Ixxxix have been tlie quantity of land sufficient to graze twentyone cows or three Cumals.ub5o|\c. which in name. Loc. . 195. In some parts of Ireland the Ballyboe is called a " Tate". that is. hi5ggva to slaughter the cattle of the citizens (J/tt^w^s saga hins guda. that is. winter to meadow land provide of Irish entry in the Book Armagh appears to represent such a " Cummen and Bre than purchased Ochter purchase of typical homestead: n. however. of a free man having political rights . Trans. or speckled house. and perhaps connected with " Tothland". modern townland-names. fol. in the Edda. No."* most The .ti.'"' 'OiiA]\655eL Conimen Ac<\f b]\ecAn occei\ riAcit) coriA ]'eitb ^ze]\ 1p^^o ACAf niAj ACA'p Venu coiiAlUu-p ACAf A\. 17. Reeves thinks is properly " Tath". p. and possibly in position.c. is Tattyhrach..Achid. a Norse Bdl or Bj/. which always means house.'"^ The compounds of Tate or Tatty. •'^The Welsh Tyddtn is the Irish Te. vol. See Petrie's Tar«. near Armagh.l. a house. by supposing ijog to be equivalent toBd. jjegna. Monaghan. as indeed people are in the habit of doing. right to say that the Norse Bii is also applied to cattle. and a Frankish " Mansus". e. the name of a division once used • He also mentions a custom in Norfolk and Sufin England. a certain quantity dow makes together with its habitation and its garden". both wood. Dr. Reeves"' the Ballyboe a " cow-land". obviously " Teti". and afterwards it came to mean a certain quantity of land. The Te<e or Tate which Dr. ba.g.

Its application to a division analogous to the Ballyhoe strongly confirms the explanation of the origin of that word whicli I have given.xo of great antiquity. predominates region of the Picts. . Kincardine. Thus in Aberdeen there are many Bah. B61. whose language. Wigton. Stirling. for they prove that the term Baile and the topographical nomenclature in which Vikings. and ultimately excludes the other. both forms occur in Ayr and Dumbarton. . Kirkcudbright. Names formed from B61 preserve the primitive etc. Reeves. i. On the names. says. Una explanation vol. while in the case of the latter the meaning extended to the demesne. in Argyleshire many five bals. Leabar na h-Uidhri. and published by Professor O'Curry Tol. shows that in the case of the former the primitive meaning of the word. both forms also occur. is more is or less preserved . ^a^glais. he Bed of Cuchulaind. A comparison of the places the names of which are formed from Norse. Baile. etc. and is almost exclusively used . . Ross. This circumstance. jBaMoyle. in Inverness. and of the The latter always occur along the coast. 33ii. Reeves has drawn attention to the geographical distribution of the two forms of names in Scotland.Ba^briggan. in districts once occupied by the Norsemen. ^aZrothery. Irish topogi'apbical names afford us numerous examples of Occurrence tlie Norse Irish B61 and Baile in topographical Noise form B61. are of great importance. p. and only Forfar. with those formed from Irish. but no Bally. but the Bals predominate. Fife. in Elgin. and generally as we proceed east Bal gains ground. the west Bally predominates. we have . and names. connected or not with the English terms mentioned by Dr. there can be no doubt that the term Teti modernized to Tate is of great antiquity in Ireland. and Cro- marty. Reeves suggests form Bal the as in the that. or the Sick see pp.. Bal ballys. at Howth and in the immediate vicinity there are ^a/scaddan. INTRODUCTION. mean- ing better than those in " Bally" — a house or mansion. of the use of the term speckled will be found lu Lecture xv. occurrence of both forms in Scottish it is used. i. 376-377. . Dr. in the manuscript called the in the Atlantis. and especially the existence of the two forms of topographical names. Thus in the DanoEnglish territory of the n orth of the county of Dublin. were not introduced by the Dr. Perth. of combinations of the Irish form Baile or Bally. jBa^dungan. is referred with reason to the British " of the Celtic. that language family predisposed the tongue to Coinculaind.

though. 485. in the parts of Munster just mentioned. and was probably bovuid to furnish its fixed proportion of armed men and provisions to the battalion of the Tuath. and tneir geographical distribution a stronger proof of the antiquity of both. The second application of the word Baile was The Baile Biatach. But here tiution or. the phenomenon completely. that the event occurred not later than the fourth century. the a term still Ceathramadh Bhaile. cit. or quarter bally.INTRODUCTION. corresponding to the Latin Pagus. the number of men in a battalion was not a multiple of the number of Baile Biatachs in a Tuath. At whatever period. as we shall hereafter see. There can be little doubt. It is probable. XCl despatch the word with that brevity which the genius of the importan t The Norse origin of the form drawn from British language encouraged". ploughland. consisting. being divided into '" Op. . According to Irish tradition. however. of two Ballyhoes. because.'" Bal expkiins. p. however. It is evident that the introis 1 •^ • • n n 1 ' • ?iii ami Baiiy in Scotland. Biatach comprised several Ballyhoes.. or Bally of the victualler or steward. in south and west Munster as many as twenty-four. the coexistence of the two forms Bal and Baile in that country dates from an earlier period than the ditions. the first colony established themselves there about the middle of the third century. It had some kind of judicial court and popular assembly. The name Ceathramadh Bhaile is derived from the fact of the Baile Biatach. that each Baile Biatach did not furnish an equal number of men. however. namely: i\\Q Seis7'each ortienomina. Viking expein the Baile The Baiie. than even their coexistence in Ireland. duction of the form Baile into the topographical nomenclature of Scotland was the result of the settlement of the Irish Scots on the west coast of that country. too the coexistence oi the two lorms. the Scots first settled in Western Scotland. which contained twelve Seisreachs. " preserved in the topographical names carrow" and quarterland. consisting of three ploughlands. they did not contain an equal number of freeholders. however. and was a true political subdivision of the Tuath. Between the Ballyhoe and the Baile Biatach were several othprtopo- other denominations of subdivisions. as we shall presently see.

composito vocabulo tam Britannica quam Hibernica lingua dieitur tanta terrae portio. c. quod centum... evident that the Irish used the duodenary The Norsemen used both the and Germany.. and has more.. 4. villa."' Colgan'"" translates Triucha Ced by Canteredus or is. and three hundred and sixty ploughlands. Hundred 9. (Ihre. iii. "' Dr. Triucha (J6(is or cantreds ceiitivUlaria regis. containing 120 acres each.. hundred. ilhvm Jill hundrad vel hundrad-tirad . . Girald. alterum vero seu cxx star hundrade. Centena of the Germans and Gauls contained one hundred . n. each containing three SeisreacJis.^^^ or ploughlands. rni duodenary division of the Saxon Hundred parallel with the division of the Baile Biatach into twelve Seisreachs. Similiter lilla tusend miile erat.. Cantredus autem. Each Tuath consisted of thirty Baile Biatachs. ^' ihc ^ ^ ' . '22 . or it is and probahly also in Gaul long '^^ and it is probable that the long and the short hundred. op. sed stor tusend nwt tusend tolfi ced cr&t MCC. n.. to the Welsh TVe/of the Venedotian code. and gives the number of the former in a Balli/ Biatach as four. id est Cantref. a term that would seem to indicate that the Baile Biatacli was the analogue originally of the Saxon Hundred. quanta centum villas continere solet. may be traced in East Anglia in the division "* Dr. 27. but no Trias Thaum.. On this account it was also called a Triucha Ced. hundrad tolfreed appellasse.) into of Four Mast. p. There was analogy. 19. Reeves. number of four such quarter lands. veteres tam per decadas quam duodecadas numerasse. . as I have already pointed out. also. system. for Tuaih. twcuty quarters. and the Randir of the Gwentian and Dimetian codcs and Triucha Ced would be the Cantref of Wales and the Centena of the Franks. . . thinks the Triucha Cec? savours of foreign extraction. Comparison of Irisli and Welsl we'isii divisions.). Duodenary use in Ceathramhadh constic m would therefore quarter represent the Irej of Nortli Walcs. a Cant.XCU INTRODUCTION. and to the Maynaul of North Wales and the quarter. Cambrice.. The Baile Biatach corresponded to the "free 7V^/"ofthe Gwentian code. O'Donovan (Ann. ' other names . and twcntv subdivisious . . Gloss. Hundrade usurpatur pro numero cxx scilicet ohservandum. cit. et Tref. •20 '2' its origin in the Saxon Hundred. 5._. a " thirty hundred". atque ad centenarium pervenientes. Descr. makes Seisreach and quarter the same. As the Irish Tuath or Cantred contained one hundred and as if each quarter or i -i tutcd a Villa. vel . The existence of an ancient of the vol. one tarhsma hundred that and twenty quarters.

or communities. 417. Thus. each of which contained three subordinate ones.. •" '^* iv. are examples of the occur. from Nonnius Marcellus. . than the division into Phyles and Domes.r. The Spartan Obe in contained ten Triakades. Greece. each containing tries. now locally known as Breintre in the barony of Inchiquin in the county of Clare. was originally of Loch Lein appear to afford traces higher order than the divisions of the have an example of perhaps an intermediate order in the Baile Biatach. The Romans also among decenary had the number thirty or three tens in their divisions. We r . as I sius'^* the Roman quotes a statement from Fabius. Xclli twelve Leets. so that with the thirty. says that very happily. or in all three hundred and sixty. thirty families.. or to Acrisius. four civic ones there were and therefore the same number of tribes. the establishment of which Avas attributed to a son of Deucalion. llistory of Rome. . the Amphictyonic. and each Phratry comprised thirty Houses. Diony- Houses is more ancient. the four tribes of ancient Attica was divided into three Phraor in all twelve. the oldest of all such leagues. • -\ ring frequently in confederations oi p • • ' showing that some sort of duodenary territorial division preexisted. into twelve divisions known as the dd ceath1*3 . 16. The division into twelve Phratries and thirty tiie have already indicated. it is who has amended this passage borne out by a passage of Varro This division of the Plebs corres- responded with the thirty tribes of the Patricians. The twelve kings of the Eoganacht still of an ancient duodenary system of a We ramhadh degna Breintire or the twelve quarters of Brdntirt. mans too the number thirty appears to have characterized •I <->_ _ the earliest divisions.'^* The twelve ploughlands in a Baile Biatacli and the thirty occnrrence Bailes in a Tuath or Triucha CSd. confederations. '^^ Niebuhr. Amons^ " the Ger.umbers rence of the numbers twelve and thirty in the early topo. that Servius had divided territory into twenty-six regions . or rather into four principal Lects.. ancient cities and states. i p. and the t^o thirty Latin tribes formins^ ancient Rome. king of Argos.. as is shown by the thirty Houses of occurrence °^ twelve ia Ditmarsh.s-™""? Germaua.. perhaps. the district which has best preserved the ancient also find the number twelve occurGermanic customs.. 1 . division of Brentir. vol.INTRODUCTION.H'" ty in Thus each ofp!"'"''! graphical divisions of the European nations..

C. or in all twelve governed by Gaulish the Tetrarchs. It is probable. Another example of a similar union of twelve dependent lordever. makes it one hundred acres. Trocmi. Tecto-Sagi. and Cappadocia. 241. a horse. each tribes. six. Bede calls the latter " It familiara". . a yard-land. confede- styled a rylagoras or Ampnictyon. and of which Ephesus was the leading city. however. which had been incorporated into one state by the policy of Theseus. or plough- land. and says it was understood to denote the extent of ground a six horse plougli This derivation requires conwould turn up in a year at so much per day. The Irish Seisreach The Seisreach.XCIV Occurrence twelve in rations. In Ireland the extent of the plough"^^Dr. who settled in Bithynia. and says also it was as much as would maintain a etc. as mansum. one hundred and twenty. opinion that a knight's fee.) derives Seisreach from scisr. howhe merely increased the central authority of one over a loosely united confederation of a much older date. did not contain any certain number of acres. or an ox-gang of land. and even one hundred and fifty. family. The Panionian synod formed under the ^ at- States. were each divided into four Tetrarchies. But Sir Edward Coke is of was known by other names. and each. Crompton. and in others eighty. that state under a prince. sideration. is afforded by the confederacy of which Alcinous was supreme ruler. consisted of twelve cities of the Ionic tribes of Asia Minor. Phrygia. Attica really consisted of twelve distinct states or municipalities. who in case of war elected a leader or imperator. This opinion is borne out by the fact that in some parts of the country it had sixty. and Tolisto Bogii. a hyde or ploughland. one hundred and twelve. the supposed ships. According to ancient the some records. one hundred. of composed of twelve . hyde contained one hundred and twenty acres. and the Saxon hide of land. each of which elected a it Jo judi^-e sons of Codrus.'*^ and represented the ploughland or carrucate of England. the chiefs or princes of which formed a council of twelve. Reeves (^loc. eight of which made a knight's fee. INTRODUCTION. cit. was the extent of land which occupied one plough. And lastly we have the case of the twelve associ- ated cities of Etiuiia. Again under Cecrops. who acted as the represen tative of his state. And again. B.

etc. produce of the soil ship to the occupiers of land. They were divided into quarter meeres or Ceath- . early ^ area. in the county of Wicklow.'" This variation in the size ploughland or Seisreach. In Tipperary a Capell of land contained twenty great acres or 400 English acres. It is in some such way we Thus in CuHous in may explain the curious measures of land formerly used in the measures . the Sessifjh into two Gneeves. 197. Tliere were several other subdenominations of land in Ireland besides the Ballyboe or Tate. p. which somem 1 Monasrhan. " pint or about six and a county of Cavan. in Clanbrassil and Chinca sixty. No. and also in the size of the Ballyhee. the Ceathramhadh. or poor and arid. or an English knight's fee. lyrone. now the Queen's county. In O'Byrne's country. of land by the amount of seed required to sow it. the acres. the Ballyboe was of three different extents in the county of Armagh in Orior one hundred and twenty acres. carrow or The Ballyboe was divided quarter. denomination or division of land in a poor country was of larger extent Hence arose the custom of estimating the than in a rich one. The land in Ireland. land must have also varied. pears to have contained only sixteen Ballyboes. if tlie acre was of the same extent as in TijDperary. Baiie 1 • may times.INTRODUCTION. tution of a geometrical standard for one based upon the relative the county Cavan. as ' among D all nations. and the Baile Biatach or true townland.. and wood. generally into three Sessighs. These were a " a half acres. a Gneeve being tea acres. and in Capell or horse lands. the former contained thirty great acres. owing to a concurrence of circumstances that existed nowhere else. Thus in Tipperary and Leix.'^* '" According to the Careiv Papers. ap- m 1 Biatach also variable in extmit. and in all other parts two : hundred '^8 acres. was ad^ measured more by quality than by A ^ Land first admeasuicd ^y^i^uauty '^"^a. quantity Spain the qviantity of land which could be sown with a Fanega of wheat was termed a Fanegada. mountain. . In the former the greater was equal to about twenty English In some districts. pottle" quarter " The substiof twenty-five acres. there was a greater and a lesser acre. land was estimated in Mart or cowlands. and a polle" of fifty acres. again. not including bog. and varied as the soil was rich. the Seisreach or ploughland. has always been productive of great hardBut in no country did this change press harder upon the peasantry than in Ireland. and some other counties. as help to explain that of the Baile-Biatach. a " gallon" of twelve and a acres. 614. The value of the acre itself also appears to have varied. which. would be about 600 acres. though in general it XCV was one hunof the varied in dred and twenty acres.

but which belongs in substance.080 Caethramhadhs or quarters. etc. of a freeholder. 197. Hib. _ ^ would & srive 3. tab. an. first and Carew Papers. to raise.000.600.800 Irish acres. boe oi-Teti. or civil officers..^"^^ there were in Ireland 184 Triucha Triucha Ced or Tuath would have had 720 families of Numijerof freeholders ill ancient Ireland free- holders. which contains much curious information on this subject.400.i. bog. 1846 by Dr. who lived. and Dunne. The 7.. to about the sixth or seventh century. wliich at five to a family •' . already referred to. or uncultivated part. 614. No.XCVl •^ - -»--% . in Lambeth Library. . relating to the measures adopted for part. " See memorandum now Thomas Larcom On to Correspondence from July 184G the Territorial Divisions of Ireland". in the battalion if which a Tuath was bound allow for the Sabaid.000 Irish acres represented the commonage. '^^ Giraldus Cambrensis (Top.948. 3.j. If every in the had in two or habitations Teti it. and which has been published by Professor O'Curry in his tract on the battle of Moylena. Marshe's Library. m • • that of the armed men Indeed. General.. and other poorer and mercenary classes.240 Seisreachs or ploughlands. Reeves 'paper in his brother. though not in language. Sir which more hereafter. Queen's county). John O'Donovan. and the other Aires. Report of the Pleadings during the law-iuit between Teige O'Doyne. 1 copied in Board oj Works series. iu January 1847. 5. and published in the Memorandum the relief of the distress in Ireland. appears to be borne out a cunous way by r m the number of them a Tuath being almost identical with t m • ii. just referred to. attributed to the antediluvian cids. or councillors of the Tuath. Sencleithe.. each ploughland country Ceds. iii. exclusive of Bothachs. p. chief of O'Regan (now Tinnehinch barony. v. p. or 7. The Bally.XH^-. Dr. they are the same. Charles . Ireland 6(52. or ' ' in all upon the personal lands of the chiefs and nobles.480 Ballyboes or habitations of freeholders.d the commonage of each territory. Ireland". 5. the Proceedings of the Royal Irish Academy. we According to the Crith Gahlach. ii. and mountain. .800 acres above mentioned is somewhat less than two-thirds the actual area of Ireland — the remainder nearly 5. the Also " The sundry denominations of the measuringe of land in MS.. No. 22. That the n r i Balli/boe or ^ Teti orisfinally represented the holdino- the type of a Freehold.948.. whose number would be about twenty.\^-. ramhadh Maoir. Fuidirs.'»-^\_. moor. as we shall see. which would be equal to 132. in Fintan. and 66. 787) gives the number in his time as 176.520 Baile Biataclis. p. 20 and Dr. According to a curious poem. a perfect of ploughing apparatus of Capt.

was formed by the union of ten Tuaths under one soveteignty. principalities. system of M6r was greatly altered. XCVll of the lower ^ tlie ioint property fjrades ofTiie^aHvJ of two or four L r boe or Teii. owing to invasions. etc. and sometimes without making much change in their extent or But in other instances the counties were arbitories. the territory of Feara Aluighe. in the case of one class of tenants. I do not mean that every ploughland continued to have two such free families upon it. unequal. as in modern times. therefore. paid rent of various kinds to the landlords. who was paramount King of Ireland 227 to 266. But this inequality clients./'' INTRODUCTION.. while holding the land in perpetuity. and this in turn has been divided into two baronies. and who possessed an interest in the soil. Sussex. that we would not be wrong in assuming that before the Danish as many as two families to every Seisreach or of land in Ireland. Again. Lindesse were formed out of ancient INT. Yorkshire Avas 7* . Many of these large principalities were made yj*"'"^"'. freemen. was counterbalanced by the system of Ceiles or who. this would give from two to four lamilics on was '> many ploughlands. some of the most important principalities Cormac Mac A. so that assuminaf that each plou<'hland should possess H'c type of one plou<ifh. boundaries trarily formed by the dismemberment of two or more terriThe English counties were also formed in this or Lincoln. Airt. thus Kent. Norfolk. as we shall see. from were formed either immediately before or consequent upon the ^ ion English invasion. the changes due to Tuailis civil wars.. whose houses might be arable ploughland described as " habitations'". or Fermoy. as when the kingdom of Meath was divided into the two counties of Meath in 1543. but were more I think. the nature and extent of which I shall discuss in a sub- wars there were sequent section. into counties. we know that the distribution of land among the upper and middle classes became. etc. and many principalities were formed out of Thus as early as the time of as many as ten or more Tuaths.' couiit(e$. on the contrary. sometimes by dividing them. Originally the — / / ' M6r Tuath consisted of three or four Tuaths ^'^^^^Jj^'^'' / political but at a very early period. or less arbitrary in the case of another.D. These rents were fixed. while way.

Reeves is 271. W. Reeves. cit. or as one Tuaths. from their Introduction to 23rd October.. In one sense. very the same extent as the original parcel of land of the same designation nevertheless. because occupying the second place in the scale". the Triucha Ctfd) is sometimes. 475. This is also the opinion of Mr. Hardinge. being subject to some changes. Tlie modern townlands ropieseut The modern townland may be looked upon tative of all the parcels of land of as the represen- many diffeient denominations of land whatever denomination from the Baile Biatach down. Dr. Since then. therefore. identified with the barony. on and did so to a greater extent counting baronies as were formed by subdividing an old one. p. Dr. Tuaths']. a Public Character.. therefore. which had separate designations. The baronies. counties oi On Manuscript Mapped Townland Surveys in Ireland of cities. 1G41. '^» Dr. but incorrectly. At present there are no less than '625. and a few Baile Biatachs. Ci€d. and Customs ofEy-FiachracJi). formed out of part of Deira. right in saying that the modern baronies do not represent the ancient Triiicha Ceds. were Anglicised into baronies or hundreds. . viii. and towns". Proceedings R. quarters or carrows. the earliest baronies formed were such new made out of Tuaths. others Gneeves. M6r Tuaths. in general represent the two centuries ago than they do now. which belonged to a the other hand. and as a whole the Irish baronies represent the general distribution of the ancient tribes immediately before and subsequent to the Norman invasion. op.XCVlll INTRODUCTION. they exhibit a variation in extent quite as great as what would have existed in divisions contain Sessighs. none of them perhaps represent the original Baronies represent ancient Tuaths. and Gloucestershire is the union of an ancient shire of that name with Winchelcombeshire in A.e. however. Tribes.^^° much earlier period. On the other hand. great changes have been made in the number and boundaries of many of them. O'Donovan on the other hand " Triacha says that was the Irish name for a barony or hundred {The Genealogies. who says: "And these cantreds [i. Seisreachs. e.A.D 1017.I. or Ballyhoes. While. Tates. H. many Irish counties represent Irish principalities. says: « It (i. Some of those parcels were Gorts or gardens. It is few of the probable that now . which includes cities. vol. and are now represented by the increased Ordnance Survey number of 267. p 41. In like manner the present county of Tipperarj was formed in 1715 by the union of a county of that name with the county of Cross Tipperary.

compiled by Laurence Nowel.S. from a manuscript Museum entitled An abbreviate of the getting of Ireland and of the decaye of the same". Trwha and five to the plain to the five.. Tuathal Teachthmar enlarged it to eighteen Triucltaanri Ceds. Hardinge {loc. in the parish of Ardclinis.. contains 7. . In the Brennies. gave three Tuaths of that Cairpri as a bride-price for the daughter of Concoto Ulster. p. but ISlia-Fear. The following is the summary " In Leinster..012 acres. or Cantreds. and the average extent at 330 acres. contains only la. county of Antrim. .. Ulster. '^2 Mr. W. Meath ori. Dean of Lichfield..600 Dr.. X'cix ancient times between a Gort. and Munster. and Munster seventy Ulster originally had only thirty-two Tuaths. In Connaught. and laid of the number of Triucha Ceds. states that these divisions It also 5920 were made before the Conquest in states the number of acres in a Baile Biatach to be 9C0. : Ireland was divided in ancient times into five sub-kingdoms Sub kin?. equivalent to 930 Bailebetaghs.205. but. province Tuaths. InThomoud. along the sea shore from Dublin tach. Ip. the smallest plot of land held in The smallest modern townseveralty. : In Lister. named. Reeves gives the number of modern townlands now defined. Reeves (loc. 5. down on the Ordnance Maps. Mill Tenement. '^2 Dr. cit. H. and a Baile Blatach. . which raises the number of Baile Biatachs to 1.. county of Mayo. in the Memorandum above reaverage acreage of 324-6. Ir. Total. 31 Cantreds. land in Ireland. ar Mac Nessa. estimates tlie number at 66.133 "1 This extent of land constituted the Maigin Digona or sanctuary of the mill.080.... 33 . Connacht.550 Baile Biatachs^ This and 66. „ „ 35 LS „ 540 900 400 The M.'^' while Sheskin. of Bregia. whom may he took to wife. 1050 1050 1050 „ „ „ „ „ „ „ .iieiand ginally consisted of one Tuath only.INTRODUCTION. 1172. 202 7* B . Larcom. In Desmond. the Seisreachs to 12. as 62. Leinster. 43) gives a somewhat different table Seisreachs. makes for all Ireland 185 Triuclia Ceds.700. doiTis of Meath. in the barony of Erris. which would give an Sir T.960. In Midth.. of which thirteen belonged to Meath proper. cit. or Tiiaths. in the British and Baile Biatachs " in Ireland. The relative size of the five provinces be judged by the following table..'^^ Boyne. . ferred to. as I have already mentioned. 35 35 18 „ „ „ „ „ „ „ . Ulster thirty- Leinster had thirty-one Tuaths. Connacht had thirty Tuaths. who died in 1576. 474) gives 36 Trmcha Ceds to Ulster. king of Leinster. . p...

pos- property in land or Deis. there were.. Tuaths. The Aires. originally no doubt to the Athelings or'^^ Clitones of the corresponding Anglo-Saxons .512. Irish Cleith or Cleithe. of two great classes As among the Gauls and Germans. of Provinces.100 Munster. which in pa/an times were considered to have had a divine origin. tradition. Conuacht. or /.296. 25. App.948.200 3. Ulster. without deciding absolutely in favour of any. . Ploughlands. chief of the tribe. 930 2. In a note to this word in the Crith Gablach. '3* Vol. No of Triucha Ceds No.600 11.160 1. in of 18 Bregia. Fi-ee and uiifrc-e cla&ses. Two classes = Fl'tths There were two sessed classes of Aires: — 1. No.339. which would give only eight ploughlands instead of twelve to each—that is the amount of a knight's fee. In Ireland.800 12. 494. "'^ These lir^sr' privileged classes were called Aires^ a word which may be connected with so that it is many words its in the Aryan lano-uao-es difficult to determine true affinities.200 Leinster. ii. _1No. at the earliest period of which we have any the free and the unfree.480 777. or Seisreachs. ] 540 6. a chief: literally the best. those who and £dAires.000 1.800 THE DIFFERENT CLASSES OF SOCIETY IN ANCIENT IRELAND. and from whom — among exclusively the chiefs were elected./ / in'trodiiction. p. we can trace the existence.000 1. of Baile Biathachs. 30 35 31 900 1.000 Total. besides the families.050 10. 467. the free were not all equal .^^* I have brought together the most important of those words. vol: App. 5. I have already mentioned that this was the case in Tyrone and Monaghan. See note on the Crith Gablach. as in every otlier part of Europe. etc.520 66.210 7.600 each. or the highest ii. inclusive of" number Triucha C6d$. also privileged classes. Sub kingdoms and Meath.021. of acres. '" Cf.

vol. and Gesith would therefore mean a com- The word panion or suitor of the chief or Flath when he held a court. the term Mac Tiern was Tighearna. p. oi cow. . dtgona. 510). however.'" were not originally noble of birth. Siih is almost identical with give us almost the form of the Irish Suad. an ollamh's cloak. It to serve. those who possessed cows and other chattels. Some derive Thegn. Welsh Tegrn. the true lords or Flaths. an officer. rvpavvoQ it is probably not connected.Aires. the Anglo Saxon Gesith the latter represented the O. on the other hand. The Bo. In a note on the word Sai in the Crilh Gahlach (see note 567. and Swijddog. but were freemen. Tignar Konur. Indeed in a passage on the Cnairsech which will be found further on in a note on p. and Sutaire a mathar. diguin. the latter being perhaps the former in an oblique case. " note.Aires. and may. ii.H. corresponding to the German Degen. CI and 2. ovBi>-Mrts. a was portion of the Folcsimply Thegn-land land allotted to the Thegn. It curious to find this word in the spoken Irish of the present day.e. a woman of rank. however. to take or receive. to journey. their kine upon ^'''"^*- Eorlcundmen. Tighearna is obviously re- lated to O. and of the Gasindu of the Lom. the word Suith is used have connected The Welsh Swyda. used in much the same sense as Aire in Ireland. a nobleman.G. dignity.INTRODUCTION. Kentigern. like the Saxon Gesiths. sword. 137 it implied a trusty vassal". is preserved in the spoken Irish as in the example in the preceding In Britanny. Thegn from thigan. cliv. 7V(//ian«a//ir..was measured Sith is from simian.^^^ Sixhaendmen. Thegns. be connected with another term used for lord among whom i.t. others from thegenian. as Tighernach. gives almost the intimately connected with the social life of the Latin form. the Illaford of the Anglo-Saxons. held from a Flath. land part of the common land. The Norse the to related Tign and to the Irish Digmn. Norse. The dignity of Thegn was connected with a certain possession in land.N. dign-\xs. Gisindo.ndmen of later Anglo-Saxon times. the lowest having five hides. Many proper names are which compounded of it. and The first class were hence called Bd. and upon The Flaths corresponded to the Eorls. or chief. a king. apparently for Sai. that Suad is it with Gothic word Saio. The Irish law term.— and It may be. the dignity by his cattle. I have considered that word as idenis tical with Suad. but like the Greek Irish Tegin. however. so ancient Irish. an office. The B6. Ti/ggi or Tiggi. bards. connected rather with the Irish suilhi. or Twelf-ha. evidently is.Aires grazed and the Wlad of the Slavonians. Sithar (= suitor?) companion of a judge. a term used as the equivalent of Comes or Count. gen. There is also an O. from iign=La. Thus in Munster Sutaire an Tiaghearna is the pet or follower of the landlord. his original right consisted in But as '3« of Bu-Aire. his njother's pet. etc. occurs in old Frisian law books.Aires.

'*' See c. Histoire R^pubJiqrtes Italiennes du Moytn Age. pp. ^^ Dissertazioni sopra le aniichitd Italiane". '^^ Ducange. '^^ man foreign to Irish. who.^rew/a«. a ploughman caireaman. 1738-1742. the oldest word for the middle-class. in addition to their own lands. 3. 13. farmed land belonging to macj-nates. a cup bearer . and again as magnates of the . probably a secondary one. Thegn enjoyed the usufruct of a the B6-Aire. . 6 tomi fol. 2.cu Relation of INTRODUCTION. 95 (Zurich. Diss 716. t. i. or vassals. The Irish custom obviously represents the original basis of the privileges of the Saxon Thegn. ^/ino??ian. in right of his cattle. have even . as well as in the We spoken Irish language of the prethe word itself Aireman. p. a witness. as we shall see opinions hereafter. empire. and derives the word from the German Ehrej but afterwards he seems in doubt whether they were vassals or possessors of some peculiar kind of peasant holdings elsewhere he seems to consider them as noblemen. iii. that I have come to the conclusion they have had a common origin. t. 1119. Ducaiige'='» appears undecided whether they were some unimportant persons. i. '^'' The Antiquitates Italicae meclii aevi. 715. des etc. as we find them in our oldest manuscripts. word Arimann offers to denote a Arimann : This word such striking simi- larity to the Irish term. Mediolani. etc. does not contain the documents which are important for this inquiry. and which land proportionate to his rank. The first part of the Lombard word is almost the same as the Irish Aire. have been free peasants. 749. . This view is //was afterwards supplanted sess land. did not the pos- The Lombard The Lombards employed freeman of a similar class. Herimanni. usufruct. a shoemaker daileman. I by the word Thegn. p. nor are combinations with the suffix sent day. v. t. like its Jire and A. deal has been written on the good A subject of the Arimani on : and much difference of opinion exists among the writers who have discussed the subject. them . Italian transiation.748. He believed that they were the only persons besides the nobles Sismondi'^' considered to 138 Thus aireman and trereman. 1807). a term this now different applied to a is ploughman but meaning. certain portion of the common Angloborne out by the fact that all Mthe Gesiths. Muratori'^" in one place looks upon them as freemen. a culprit. who.

or assembly of the ctifferent opinions on /^ T Uomes or counts. I.. Liruti cial Lombard military organization. Rom. . He is still more on this point in his " JS'otizie delle cose del Friuli". '<nbid. a freeman who is from the most numerous popularis. in he appears to consider them fiefs who held their by the tenure of defending their towns or castles. kind of intermediate another'^^ class between the freemen and slaves as ordinary vassals .. Bd. p. .) • 1 ^ A • a. Der Gesrhichten Schweizerincher Eidgenossenscha/t. 213. 4to. p. — view Savigny'^^ all such taxes represent the original ones payable by them the same to the king. Ludw.m one place makes Arimenrii -^rima'-n• -ij.'" he says they were not themselves judges. de Arimannia Comment. but he thinks they were a spethe district. 48. vino.INTRODUCTION. Bd. 211 et seq. 1 et 2. 141 '1* Jo. Bd. 3J. plebejns". I. or Ataman of the Cossacks. Johann von Mliller'^* makes Arimann as the Heermann. Kliiber. Liruti. 39. 424. class. Jacob Grimm thinks that the proper meaning of Arimann or Hariman is " homo that Is. cap. p. but the armed body-guard of the justiciary or lord having jurisdiction in makes the very interesting statement that the Arhnanni still existed in his time in Friuli. p. -where he has the following passage. ed altro miamo Erinann. " Ubi adhuc Armanniae quaedam vigeiit". C. p. definite noinel nostro I'ialettoli chia. note 30. 110-112. ClU who were bound to attend the Placitum. e nul nuniero di de' piu Ermanns". in the law book of king Rotharit. von Savigny 's Ge&chichte des Romischen Rechts im Mittelalter. especially against the Romans driven out in Italy by them. '^^ Jo. Jos. 1785. Gesehichte des Romischen Rechts. nor does he accept Kluber's statement that the neighbouring magnates subjected the Arimanni to all kinds of taxation. tomo 4. Liruti'^. iv. p. . Erlangae. 5 '*' '** and p 37.. 39. ponsione di Forujento. de Villafredda de servis medii aevi in ForojuUi.. Ibid. not connected with the Heerhann of the Franks. According to v. p.'^^ Kluber'''" derives Arimanni from German Heer. See aho F. in Udine. Again. or captain. the Minister vallis of the imperial lettters. p. a Folc-man '** 1752. a kind of association formed in each district for mutual defence. Von Savigny looks upon this as devoid of historical foundation. I. questa provincia vi rimane anchora in qualche luogo questo nome in certa corrisIbid. " Giacche in 1777.

in the sense of personal honour. Friborgi. and that these are equivalents to a number of other words such as Rachimwhole race. Italian would have dropped the aspirate hence the Lombards would have said Ariulfus for Hariulfus. cit. Grimm on this subject. and On the Administration of Justice". Deiifsche RtLhisalttrthumer. of the fully qualified freeman. name became extended to the and that the national names of Germanen. different Arimann. New High German Heer. tlie bold suggestion that the From this he was led to mako burgen. of which simply mean freemen.'*'' Von Savigny agrees to of the he and word but others considered that meaning these freemen were the descendants exclusively of the German Corresponding to the tliis . 291-293. Allemannen. far the Irish laws enable us to settle these important ques- tions. or In the subsequent sections " On the executive Govern" ment". 232. p. pp. The Lombard dialect under the influence of the . cit. Fiilingi. Neither vassal. Aripartus for Haripartus. The latter'^^ derives the word. from Hart. we shall see how Etymology of Arimann. as Kliiber did. p. and distinct by this title from the rest of the citizens. the Franks '*^ '•'"' Op. judicial or otherwise. '* Essciis sur I'Mstoire de France. that is. and hence considers that the true form should be Harimamis. 291-293. Freomen. . Goths and Franks. New High German Ehre. are but modifications of Arimannen. did the quality of Arimann exclude that of antrustio. Guizot'^' thinks that the term Arimann was applied to freemen in general to the acting citizens without distinction of race. "i Op.. I. which he says also appears in all documents emanating from persons acquainted with German. — and combats the view that the ancient German social organization continued in the new country which they occupied. how^ /-t ever. Folc-land.'^" all M. he adopted the views of J. Bd.CIV INTRODUCTION. leude. however. He is also of opinion that the word did not mean magistrates or persons invested with special functions. Fieri. Von Saviguy derived Arimann in the first instance from t ttOld High German Era. capacity. not. conquerors of the country. 237-241. but in that of legal Afterwards.

He. and formed see hereafter. The Anglo-Saxon Here. But whatever may be the derivation of the word. p. p. which I have shown at page Ixxxi. a champion or captain. and others. to give here a few of the passages from ancient documents which have been made known by Muratori. as they would have made Ariraannus Charimanus. Now the latter term and the Bavarian Herireita. n. of the parallel which I have imriortance instituted between the Lombard Arimann and the Irish ^irg. is very inte- resting in connection with this subject. Heremann^ Old Norse. Arimann meant simply a freeman. called are concerned. CV Etymology would have made tlie latter Charibertus.^^^ that the that could not. tion which the Irish induces me ii. or even the oldest meaning. thirty-six. numbered shields. The Irish Hr. forty-two is almost the same as the Norse Herath. means a soldier. are not strictly correct. considers that this was not the only. the Old High German Ilerimann. Gviizot. 467.aiei. perhaps. I have noTheiii'^h doubt that the Lombard Arimann and the Irish Aire meant sentedti. pai. be connected with Ehre. exactly what our word Volk" does. the representative of the German Volh. and being composed of all those able and entitled to bear arms. App. the affinities of Ai7'e which I that a note to word in the Critk Gablach. — miles. unless there be philological reasons of a very strong kind to the contrary. to be a subdivision of the Ftjlk. he says. The word Aire the so far as functions of the persons so therefore.INTRODUCTION. and no doubt local courts. however.e the same thing. note 4o4. According to Grimm. Ilariman (Anglo-Saxon. as we shall The Aire was a privileged person. so that the Here or Heer was at first a company of the battalion. v. Du»53 Vol. might. much may be indicated in said in its favour. historically. Ixxxi. a species of aristocracy entitled to honour. and that all the several functions ascribed to the former are compatible with the more complete informa- laws give us of the latter. The Irish evidence shows views of Grimm. . The very great importance. Efertnar). be admitted. consisted of freemen who in ordinary times formed the suitors of the If Grimm's derivation be correct. which T have akeady connected with Uecr {ante. and not a special or privileged class of persons. " for the Gothic Harjls means a number of persons. 96). Savigny.

"* Ibid. i. 3. 741 p. such as Franks. says Donamus insuper : . " monasterio Henry IV. cit. 4. vol. quos vulgo castello S. they stood in the same relationship to the Comes or Graf. . v.. . . p. Herrinianni. who was the representative in the Irish system of the Comes. cit. cit. 15). and that the term Ariniannen was only applied to the free Lombards but he gives no proofs that this was so. 194. Erbmaenner. in which the duties of a Comes or Graf in respect to fugitive slaves are indicated. . Guido?iis. domini minores". praeter quod conL. and free vassals. Savigny. . in the laws of Guido we have : "Nemo Arimannis Comes. we have evidence that it was only the -4r{i»* Muratori..'" stitum legibus est" " Si Comes loci ad defensionem loci patriae suos Ari- — per vim . neque Sculdasius ab aliquid exigat. 659. quam et de aliis liberis hominibus". i. Liruti. op. especially by the first mentioned. arimannis. . In this he grants to the bishop of Piacenza: " Omnem judiciariam vel omne teloneum de curte Gusiano. op. cit. habitantes in That every freeman was not an Arimann is proved by a very important passage which occurs in a diploma of Charlemagne of the year 808. quod vocatur Romanianum cum liberis hominibus qui vulgo JJerimanni vocantur". In the Lombard laws the Arimannen are mentioned in such a way as to show that . Thus. in 1084. ^** 739.. In the Lombard laws of Rachis (6) and Liutprand (v.. I shall mention two. . freemen were so called. op.'^* In an ancient document of Verona. Jbid. etc. . V. tam de Arimannis. grants to a monastery a castle "Castellum.'^^ V. op. V. iii.CVl INTRODUCTION. Didot's Ed. and others. liberos homines. 194. and which have been Arimeinns as freemen. Viti". qui bona hjereDucange. Savigny. nequeloco ejus suis positus. mannos hostiliter praeparaie monuerit". v. of 1824. . 735 . as the Irish Aires to the Rig Tuath. Ibid. Long.'^^ Ariniannos vocant. all without indicating whether a certain class. thoso whicli refer to the Arimamis as freemen.. or only In the year 967 the emperor Otto III. Savigny. p. cange. i. : '" Upon wiiich Eccardus writes " ditaria possident. 193. p. Savigny thinks the other freemen referred to were Romans and foreign Germans. Among so carefully gathered together by von Savigny.

. . p. »*» 196. . right of holding jurisdictions. Lombard Arimannen are sometimes mentioned the German SchofFen and French Echevins.. FuicUrs. could multiply the foregoing examples. Ant i. as Sea- so the bini.INTRODUCTION. The Graf or Comes was the slave who had fled into As in Ireland. that is. had sac and soke. . or the Arimannen as Scabini. . . in Jesu Christi . . . as such concurred with the bishops in certain preferments. . . germanis johane et Johannes gcrmani Berno denandre. . either to cause a neighbouring territory to be sent back. . raguerio Warnerio . i. who could have havVsiaves. ctt. . and or keeping a court within their own of sitting in judgment with the chief or Ri. certain of the Aires trials. Among the Scabini mentioned are: " dagipertus et teccelinus germanis.'^® Hareman- The term Arimannen to also the burghers ot a town who lormed appears to have been applied Arimannen part oi the civic cf Towns. in which a great number of Scabini or Echevins are mentioned. .'^* is consensu sacerdotum et Aremannos hujus Lucane If we were to admit with v.. . It. Alio Presbiter etc . 745. filio . et Eberardo germanis de lemo . . . Et justum nobis paruit esse una cum suprascriptos sacerdotes et nos ita judicavimus". for instance. cit. on their lands. Adelperto adeperto germanis de ^parma. as in .. appears to support this view. and ecclesiastical " Una cum civitatis". in 785: " Dum nomine resedentem Allonem ducem una cum id est Thsso Presbiter. 201. Geschichte des RSmischen jRechts. or slaves. Savigny. bound. CVll mannen who could hold higher grades. . Savignj-. . v. slaves . as is shown by a record of the appointment of a parish priest by the Bishop of Lucca in 819: council. Savigny. . in Ireland it was only the Arimannen the nobles oi Flatlis. . . et leo de meruda et recuino germanis totile et eribertus germanis Le. op. .p. Haremannos. a judg- ment of a Placitum at Lucca. he. or information to be given of the whereabouts of the fugitive. Arimanno siio. v. The notice quoted him of a Placitum in the Mantuan by territory in 898. Muratori. that Germanus merely a different mode of writing Arimannus or Errimanus. we derado filio . p. Ado de budrio. . 15' Muratori. t. Benno et Azo germani . . . . 747.

iii. N. Ferd. M. 74-77 . which is employed r J In the first it is used for the whole of the district. 56. S. meliores natu or meliores Franci S. c. when describing the Foleith of Irish princes. 162 The following is the chapter of the Formulae in which the word Arimania occurs: De Regis Antrustione. una cum arimania sua [a/. — —proceres. p. Eichhorn. ancient Irish. Arimannia ot used for the Ari. Corpus Juris Germfimci Aniiqui. as we should say in respect of the also . ed. as Eichhorn thinks.S. of Fauriel. 60. especially as a common father is never mentioned. those in the service of an Antrustio . but. libri duo 299. Herr Wrtlter considers the views Deutsche RecJitsgeschichte. »^i 198. Sec also Lobell's Gregor. the Aires of a Arimannia ireutioned in Marcuifus Mig Tuatha in Ceihini to the Rig passa^e which supports this use of the words ^ occurs in the Formularies of Marculfus. Lederado de et regien The word Germanus is genus Arimannorum qui ibi fuit". had the right of determining the succession to the crown.nanni a meet with the word Arimannia."'" often used for brother. xviii. Fauriel considers the Anirustiones to have been identical with Herr Eichhorn beheved that the Leudes. § 26.'®^ and is perhaps the Tuatlia. v. the Arimannia and certain immunities. I.CVlll INTRODUCTION. according to him. but on the other hand. These . . ii. cum arma sua. ab. Rectum est ut qui nobis fidera poUicentur inlsesam. Among the names subscribed occurs: " Sign. that the higher class of them were called Antrasdones. i. Silvestro di Nonantola. Geschichie des Romischen Rechts. M6r The **° Storia deW Augusta t. in turn had. such a number of brothers present as Scabini at a Placitum is veryunlikely. _ Wc in thrcc sonscs. he further adds that they formed the Deutt-che Staats-und class which might be called the Frankish nobility. 190. — Antriisliones received several names . I shall erroneous. reliquorum bonorum liominum circum adstantibus". the Leudes. pp. noverit se wirgildo suo sol sexcentis esse culpabilem iudicetur. seniores populi. suite and M. von Tours.] in manu nostra trustem et fidelitatem nobis visus est coniurasse. . Et quia ille fidelis Deo propritio noster veniens ibi in palatio nostro. t. In the case of Lederado we have the distinct statement that a person styled in one place Germanus is elsewhere an Arimannus. Here I shall only remark that the Foleith corresponded to the Leudes. p. optimates. who formed the of princes. Savigny observes. and Lobel have something to say on this subject hereafter. nostro tueantur auxilio. propterea per praesentem praeceptum decprnimus ac iubemus ut deinceps memoratus ille in numero antrustionum computetur. 160. ma. or. RecJitsgeschichte. the residence is often given. Savigny. Tiraboschi. Walter."" or. Girol. the right of having a suite of their own These composed of freemen. — Opera delcav. . 5te aufl. JBadia di S. Et si quis fortasse eum interficere praesumpserit. as v. Marculfii monachi Formularum. Arimanni of a district. s.

'®^ in the Liber occurs very frequently in the sense just indicated Censuum Ecclesiae Romanae of the twelfth cen- THE DIFFERENT CLASSES OF SOCIETY IN ANCIENT IRELAND rent paying classes generally. when he possessed wealth. and The second sense in which Arimannia occurs \. Grimm thinks that the it word Arhnannia could not occur in Frankish. Pontificiae. etc. exactly as the Roman property was called ex jure Quiritium. that it was a mere conjecture of the latter. xxxvi. p. of feudal tenants. Every become a Bo. given convents were often relieved of the payment of Arimannia. as v. In ancient times the posi2. These dues or The term tury. as distinguished from what may be called the base rents rents. Savigny. is made of Arimanni outside the There has been much discussion about the words in the passage just rcfen'ed to..Aire. only place where mention CIX Lombard sua". with the same reference. Arimannia occurs in ^ fieeiioid property the sense of certain dues or rents payable by freemen to the Anmannia state.Arimannia u*ie(l for . sold. etc. because it does not make good sense. etc. granted. — ^tvcjinniy political bails. t. kinsfdoni. but he amended the passage on the authority of Pithou. witnesses. rents were treated like private in Churches and tenure. been observed in contemporaneous But Eichhorn appears to think that the reading sua" is more natural as long as it has not been proved that in every edition of the Formulae in which " cum Arimannia that reading occurs. who possessed the of being jurors. and the descendants of the latter might CSiles free native The and to in like manner. p. the words were. from property hold r as distinouished property r J held by j feudal o r J tenure. etc. i. Monum. " cum arnia sua". Savigny remarks.INTRODUCTION. 207. op. cit. '»* political rights of freemen. aspire to become Flaths. It was only the Aires as a class. property. to the personal position of the Quirites. v. . nor has writing.. "ima cum arimannia In the codex used by Bignon in his edition of Marculfus. full however. when they possessed land for three generations. J. was eligible. Dominat. Cenni. is that of free. who alone in early times were entitled to this right. And lastly. it is based on the authority of Pithou.

no freeman need become the dependant of another . C^ilesliip: becoming a the Flath. the law. if 1^ "It is competent for a man never to accept base wages from any And it is competent for him not to man. were retainers of Flaths or lords. unless he wished to give it himself. or king of his territory.C. . the recipient of it. towns and in who did not own lands was different accordinof as lived in clties and towns or in the country. In the former. MS. who.D. Ceile. gift. had the second bond of servitude upon them. for Taurcrech. receive Saerrath (free wages) from any one but from a king but he is not entitled to refuse the free wages of his king. p. he who did not own land was forced to become a dependant in one way or another of the man who did. as among tion of freemen civic populations. In the country. the greater number possessed no land. generally. — Nature of There were two categories of CMles: is. and the extent of the services to be rendered. indeed. unless it be his own will to do so. This gift or wages. and some others. Ceile consisted in the man commending himself to who thereupon Taurcrech &(i(l Rath. as well as the professional classes and Bd-Aires. make certain fixed payments in kind. 18. expi-essly stated that a freeman owed allegiance to no man except the Rig Tuath. not excepting even the craftsmen of privileged crafts such as goldsmiths. . called in the case of the it was also called Rath (wages).ex Position of INTRODUCTIOy. that . imThe Ceile in return was bound to plied a benefice in land.. 3. all freemen. as the laws say. Theoretically speaking. and. H. persons who were able to enter into a relationship which left them comparatively independent of the lord and the Daer or base Ceiles. 119. tliej freemen could obtain a livelihood by trade. Roman " client".'" but the condition of dependence was imposed upon him by the circumplaced himself under the protection of a a word which seems cognate with stances of his position. As there were few or no cities having municipal government in Ireland in olden time. Every man in the Tuath is bound to receive the wages of a Rig Tuaiha". they were sufficiently powerful to maintain their common freedom. blacksmiths. Cities. The act of the Saer or free CSiles. free The freeman who Flath was called a the and base. T. the the Flath who bestowed the presented him with a amount of which depended upon gift called a the rank of not always.

obligations during a period to the perpetual possession of the Taurcrech his Flath. 2.e. provided they have responded fairly to the legal claims of the Flath . .e. tor it is liath (wagts) in proportion to Folad (supplies.e. two cows together with the Seoid Taiirclaide. twenty-eight cows Le. that they not betray him . i. to violate the wife of a strange FlaiK\ Upon this the commentator re- marks : Seds.e. however. namely. a. MS. On this the commentator remarks: Raith (base wages) of an outside Flath. " Taurcrech 2. and in the case of the Be* Tigi . at armed levies for defence or retaliation. he is not to be called upon to give redress for it. Biatad. 15. . i. Not so if it is the Ceile who dies. J^]J. together with the Seoid Tciur- claide. he is called upon to give redress for It. without failing.e. i( Every Taurcrech becomes the perpetual property of ceives it. and to chase and kill foxes. that they not disgrace him b}' receiving the Daer Rath of another Flath . as for any other injustice [inin like manner. If a Flath exacted more Biatad.INTRODUCTION free CMles. he of tif«th which represented in paid a renewal fine called the Cumal Be. the excess which is given above the lawful rightful amount. contributions) the law has laid down in it [t'. i. col. than he was legally entitled to. eighteen cows. more of supplies on certain occasions. for that which is above what is due."^ Ceile by additional wages in proportion all his When a Ceile fulfilled he was entitled on the death of of not less than seven years. " The thirty " This now is the Crech Torretnach (free wages) wliich is given in return The for the Biatad of eight persons. Rath upon an Ardiaig. 166 15. Nacha liuba.in such a case]".e. that they shall not do the deed whicli brings death upon their Flath. without malice. [In this case] the Flath is entitled to get Ceilsine (service) irom the Comarbs (heirs) .e. jury or trespass] should it be the lowest grade of them [th« Bo Aires'] which has exacted the highest liatk (wages). They were also taxes of the character 111 • pubhc bound to attend at Dais or assemblies. CXI Bes Tiqi or house tribute. is the amount of Be's \^Ti(/i] which a Bo Aire is then bound to pay". the amount of Bia lias (noble food) which a Bo Aire lias then to pay. they shall not shall shall the Flath . than of rent.a.nd Biatad.. p. he was bound to recompense his to the excess. eight persons. i.Te the i?e's. T base CSiles. i. him who re- having given lawful without service. Christian times the old pagan custom of the CSiles contributing When to the expenses of the funeral games of the dead chief "^"^ IG5 u Taurcrech of a cow with her Timtach (accompaniments).e. wages for excesses of Biatad}. go to the wife of an outside Flath". thirty beds. p. col. that they that they shall shall not wound him not betray him that they shall not disgrace him by receivmg the Daer . provided that they shall have faithfully responded to the legal claims of Biatad their Flath. of the Biatad of H. and if a grade of tliese [the Flaths'] receives an excess above those things whicli we have stated above. and in his Manchainne techta (lawful services and supplies). in (victuals). and Bath ar Ardaig [i e. etc.] if it is the Flath who dies.e. [/. wounding. and twelve Samaiscs. without deceit or fraud for a period of seven after years. a. 42.*^*^°' When that event took place. Cedes and their Comarbs are entitled to get Seoid Taurclaide. i. The former had also to give extraordmary which were. H. 42. MS. wound him. that they shall not do that deed which brings deatli upon their Flath. but it is bound upon him. i.

given titled him Biatad twice. e."^' death of the Flath before the CSile had given any of his legal such as paying JBiatad. i e. it is not in that way.e. i. p.'' of the Ceile at the ["after end of one month the de ith of the latter] for Manchaine (heriot). i. he is entitled to one half of the Seds (chattels) if he has . 104.e. provided he fails not in supplying the food for the sake of i. or the Caernarvon. MS. the whole of this becomes the perpetual property of the C^ile . without wounding. pro herietto cum Biatad (supplies of food).—" Etdebent V.e. This amounted in some cases If the a heifer in her third year. without curtailment of Fnecland. given by the Flath [become the perpetual property of the Ce'ile'] Et si aliquis occiddrit cuilibet eorum. unless he paid three Biatads. all the . foxes. INTRODUCTION sion from the co-heirs within one Ceile. Fuha (killing and Ruba (warding off at- received Seoid Taurthus bound. Fuiriud (entertainment) Gells (pledges).e. the Ceile died. he is entitled to them all (t. etc]. the Comarbs. his heirs in a way which I shall more and the new possessors paid investiIn the case of the ture fees. if the case were one of a Daer or base Ceile. faithful service. he to two-thirds of the is enSeds. i. two-thirds of the Taurcrech reverted to the heirs services. Not so if it be the Ce'ile that dies. 1**' etc. i.'] to give Manchaine. '«8 •' If the Flath has not refused Seoid Taurcldide [before his death] the C^ile is entitled toone-tliird of the Seds after the death of the Flath : unless the C€de has failed to give him any Biatad at all. without betrayal of trust. DdiJs (assemblies). In the case of the of the Flath. Farririud. default. a Samaisc claide that he is when he has tacks". if it is he has given him Biatad three times. Sol. (honour price). it is for them [i. p 42 a. Rath (wages). without deceit. Taurcrech. without doing anything hurtful to the honour or interests of the Flath. reversion of two-thirds.e. Reversion of Taurcrech. Without God. and for the inferior classes to the cattle" also paid of English law.cxn Relation of heirs of CUIe to Flaih. and Seoid Tu/claide (revertible Seds or chattels. 15. the Flath was entitled to get Ceilsini or submismonth after the death of the The co-heirs of the direct male issue of the deceased Manchaine. Diyails (revenges). the Cuma I F>e' (God's Ciimal) [at the death of the Flatli]. to a Samaisc or Cede died without children.) This passage is thus explained by the commentator. every free gift which is given as Rath (wages) becomes perpetual when due service has been rendered for it by the Ce'ile in from each man. the Beste Houhet of the Old German and Ebediio of the Welsh. eorum decesserit sine herede heres de corpore suo propinquior de sanguine tenetur in Gob- yrestyn videlicet V Sol. as Comaitheachs (co-partners) * e. " It is perpetual. H. the Gohyr-estyn of the Welsh. or 168 otherwise acted badly. the Ceile was entitled to retain onethird. If he has given him Biatad once." —Record of after seven years.e. i.e. 2. Manchaine (heriot). provided he had not evaded paying his legal dues. fully describe hereafter property passed to collateral . The parallelism of the Irish and Welsh law is shown by the following commutation made in the reiga of Edward III. corresponding for the higher classes to " best head of the heriot.

''" depended upon In like manhad. they have not given any Biatad to their F/ai/t they must return [part of] the Seoid Taurclaide. or the number of consequence. The same distinction into free and base also existed in Wales. " evaded Unlessherefuses. corresponded to the Anglo-Saxon Folghers. "° Bello Gall. the Comarbs oi a. 15. note 478. I. and this is also the 'case with the Comarbs of the Bd-Aire and the Comarbs of the Aire Desa [i. Vol. vi. proportionate to his Seoii Taurclaide. the Seoid Taurwithout having given any claide. 8* . free an<i The villeins of the free Wales by the Normans. Tirfs. after the subjection were called "villae liberae" in the to the Irish Saer Ceiles. unless he has paying Biatad to his Flath did not do so at the proper time]. represented the Saxons the class of ceorls or villeins. corresponded of waies.— The Kings or Chiefs". and formed part of the military retinue of the chief. The Ceiles fices of land. as we have said MIS. and even if he has given the unless the time for the FogBiatad. but formed the body of mercenaries which most chiefs endeavoured This body guard was sometimes called and his Amhus Ambus. 2. II. " Tlien the Ceile is entitled to onethird of the Taurcrech after the death of the Flalh. he must return two-thirds of the Taurcrech. They paid the lord Gwestva. Bd-Aire must pay in the same way to the Comarbs of the Aire Desci] in proIn case portion to his Rath (wages). j.e. which. 272. navi had come" [that is.") Thus explained by the commenta- tors. he has evaded payment upon. which. his unless he has failed to give him Fognam (attendance or supplies. i.. clients and persons of this class which each ner each grade of lord or Flath was distinguished by the number of Ceiles of each class which he had. provided that the Ceile is a lawful C^/Ze. b. 42. "' See Crith Gablach. registers of Welsh lands. until the time of the death of the i^/o<A. He shall give lour Biatads to the Comarbs of tlie Flath incase that he has never given any Biatad to the Flath when he gets Seoid Taurclaide and Taurcrech . 6'erfs). INT. as I have elsewhere pointed The posiout. col. p. H. and the non-giving of Seoid Taurclaide. Persons of this class were not usually included among the Ceiles. unless i. App. In case that he has never given uny Bi'tiad. unless he had failed. Caesar tells us.INTRODUCTION.e. whose dignity and noblemen Gaulish retinue of the to keep in their pay.e. p. before". or pay three Biatads. or that he has absconded with.e. 15.e.'^' is the exact equivalent of the Irish Bes Tigi. called Heorth- who did not receive benefastmen or householders. the CelVe is entitled to one-third of the Rath (wages) after the death of the Flath in rii^ht of the Enech (honour) of his Trebaire (homestead). it does not avail him to have paid Biatad if he "^3 " The Executive See note on this word in a subsequent section on Government. Biatad. represented the Ambacti^''^ or military Amhus or or equites. CXUl The Daer Ceileswho among received benefices of land. his title becomes good after that.

was subject to a variety of imposts. The Daer CSile. or donative food. whether free or base. and many of which had been made sword land of. class. such as some of the Firthe original proprietors of districts bolg chiefs. belonging perhaps properly to For instance. possessed In some cases they must have been conthose rights differed. Uaer Ciiles freemen under the Anglo-Saxon lords. The free Ceiles not only included the class of persons who constituted the villeins of feudal law. Though the free Chiles were all freemen.CXIV tion of the British INTRODUCTION. had certain definite rights 1" Cf. like the latter. "villae nativae". sessores" among the Salic Franks. Irish Gabal Gialda.^'' seems The Daer Ceiles corresponded to the class of persons called in the ancient laws of Wales Teogs. the chief of called his rent. belonged to this category. already given at two periods of the year. etc- The Irish liberty is therefore experienced in keeping tenants. the victuals or mentioned. Their position with regard to the lord to that of the Russian serf to appears to have been analogous his lord before the emancipation. older than the bondage of the feudal system. who to have been exactly similar. paid Wylisc gafol-gilda. and who still remained as the class of vavassorsi Biatachs or vassals of the conqueror. The corresponding rent of the Welsh Teog was called Daion- which was what may be Persons in eluded under the latter part of which we have the exact equivalent of the Irish term. Biaiad. the glebe in Ireland except certain categories of the class known as Daer Fuidirs. Irish Toileog. fined to bearing arms and obtaining a share of the common land. and who strictly speaking were convicts. or base tenant. the Bo-Aires were all high Ceiles of the great Persons in the position of the Roman "posFlaths or kings. All Ceiles. namely. . of whom I shall have much to say presently. 1" Cf. Adscriptio glebce from the difficulty the lords only gradually grew up in Europe rents. and consequently it is evident that the extent of some political rights. but also others of a higher bwyd. except that they were not No one was ascribed to ascribed to the glebe. their position. in the term free Ciiles.^^^ and who occupied the lands and villages called in the mediaeval Latin registers of Welsh lands.

the exact equivalent of another ancient English term for this class of occupiers. The hangers-on of this class. bau-er.H. also Sanskrit root bhu. buda. M. French boutique. or shed. as in the words Cennheart.H. such as the right to the usufruct of land. if Anglo-Saxon at all. is Kotter".H. esse. a word and in the '* Bothy" preserved in the Bothan of Scotland. a Swed. Irish root habit.N. bu. . a hat or helmet.H.H.G. in the names of plac^-s. Bodwen and . booth. a cabin.a. is closely related to the Irish Borth or Beart. bii. butka. Coisheart.INTRODUCTION. Welsh names of mansions as in Bodridris of parishes. abode O. 8 * . The Saer Bothachs appear to by the terms have been a cer- men. Polish buda. but besides these were several other who low a position in the state Cleithes.G. domicilium.N. were included under the collective name of Daer Accinti or Daer Aicillne.• Both. distinguished like the Chiles free and base."^ There were two still classes of Bolhachs. N. Danish boe. Cf. but usually applied to shoes. Sax.G. bauen. buwmaa. M. The The Irish Bothachs appear to have corresponded in part to correspon- the Anglo-Saxon " Bbrdarii" and " Cotarii" of the Domesday rion^ru Cotara. O. buode. Eng. as Bodtdern and Bodwrocr in Anglesea also Welsh bwth. budh. biiwen. buwen. bua. habitare holding = Irish = boe in Ball^boe .H. Sen- and Fuidirs. and earning a livelihood by service to him. classes. a tavern. or occupied so social scale as to have been practically in a tlie of complete servitude: these were Bothachs. name being derived from Bo«o<-fts . little shop. verb. a peasant's peasant. bu. 0. possessed either very few rights. as in Bodmin. and i^oiiits of territory. bude. bo. Russian budka. to in- O. " Cotsetlas".G. butlas. a cover or shelter. The word Cotarius is represented by the modern English " Kothword " or as in Hanover German " Cottier". of whom there were generally too many. This term. N. horse-boys and other idlers. bud. Cotarius is desass". a cottier. a word signifying any covering for the feet. existere. Italian bottega.G. possessed of no other property than the cabins which they occupied on the lands of a Flath. Bordarii were so called because they lived in a tenement called a " bord".G. the The Bothach was or cabin. a hut liXiWi. Cornish bod (a dwelling). a shop. O. also in . Cf. The Daer Bothachs were the pertain class of free manent farm-labourers of the lord. which "* O. Danish and Swedish bod. a hut.N. Goth. bauan. Lettish. boda. in tlie CXV have a habitation.

and <Saer^o^/mc/imay have been freemen who occupied their share of the common land. MS. from that of the Cotarellus. 2. rived from Cot. 15. Mark Kotter. tenure of this class was certainly different. and many of the poorer members of free families were no doubt also included under the term. i'" ii. the Flath. while in that Karlar or farms. — clxii. In the poem on the Fair of Carused for an enclosure or separate place for the ' . Among or Verhnenn. This '. prisoners of war. the estate. In a subsequent section will bp found an explanation of the several applications of the important word Fine Post. slaves. and the Cotarellus. p.CXVl Etymoiogy of cotarius. Appendix. and the Saer and Daer Bolhacli of the at the fair.^^^ and were thus secure of shelter . is man/" women and There were two kinds of The Cotarius. Erhhotter. word used on the Continent for persons of the class of cottiers was Casati. Sencleltlies his werc the poor adherents of a F'lath. and position were treated in the same way as those the Norse many of the Hm workmen on who were cottiers. H. the Cotarius proper. 13 b. The Irish. were poor free men. who lived in house as servants. . and Daer Another Bothach. like the Bothachs or did not possess the political rights of freemen. "5 Vol. and 14 a. 538.^encieithes. a thatched or straw covered hut or The Anglo-Saxon reckoned as "Bordarii" and " Cotarii" may be descendants in great partof non-Saxons. known in the laws as the Fine Flatha. as we shall see hereafter. INTRODUCTION. The name implies that they were old adherents of who had acquired the riglit of settlement upon They were the descendants of strangers. corresponding probably to the J^rb Kotter and Mark Kotter of the Germans. The Sencleithes. or upon his demesne as herds and labourers. as in cottage. dove-co^. . it is the origin of the French coterie. from cabin. but they formed part of the affiliated family or clan. . who were mere squatters on waste lands. an opinion rendered the more probable by the fact of their being mentioned in connection with the boundary lands of England to- — safely wards Wales. casa. Bothachs. word occiirs also in Irish. mer- cenaries. p. poor and who were in part also inheritors of subdivided estates. an enclosure. Cotarii. pp.

T.^" The Fuidirs.CZ).C. of some lord. reserving for a subsequent section on the Feudal The word System the consideration of the word itself. ancient nations the foreigner was suspected. 2. was a Fuidir. on the other hand.D . placed themselves under the protection of the king. p. mulcts. r. The old laws speak of the position of the latter as the inheritance of bondage and of hardship. as such was protected by speForeigners. or lord. shall presently see. a name applied to all persons who did not belong to the clan. are alike deserving of special study. so only discuss the position in the community of the persons designated. All these liabilities fell If his upon whose lands they were. and no public responsibilities. and 11. he might be the grandson of a The position of this class will be better understood Daer when I have described the Daer or base Fuidirs.. . In Wales foreigners admitted to the privilege of domicile. 11.INTRODUCTION. he was only entitled the Flath. 18. corresponding to the Anglo-Saxon Wergild. 15. possessed no rights beyond his contract. Fuidir. that is. 1" MSS. i)zVe. whether born in the territory — or not. Fuidir. 122. except in certain cases which shall be mentioned presently. or of a Breyer or Uchelwt/r. or of their children or grandchildren. CXVll and were irremovable from the estate of the lord. 3. upon the not to receive entitled he was chattels were stolen. In Ireland the immigrant stranger who from choice or necessity came into a territory with a view of remaining in it. p. The Saer or free Fuidir was simply a free man who entered into a contract upon certain terms with a Flath outside his own territory. and the classes of persons included under Puidirs: Here I shall position: the term. but laws and customs. his Mundiburdus. as we Fuidir. 11. and did not belong to and relief. in any civil or criminal action. or as he was called in medieval Latin. . or. and ran the danger of being denied the commonest rights of hospitaunless he placed himself under the protection of some In all lity citizen of the country. Thus among the Greeks a sojourner chose his Trpoorarjjc or guardian. or damacjes due of them. were not liable for the fines. among the Anglo-Saxons and other Germans he had his Mundhoi'a. The the clan cial he was a stranger.

e. of his own chattels erics.'^^ If a man became a reserved the freedom of his family. he is not entitled to get any Enecland for injury done to his son. and that must pay their fines. of a free Muirchuirthe. or their relatives in the Fine. 12 a. except only when a rtstitution.C. or tlieir or their great grandchildren. and he is a Fuidir His lawful inheritance himself. the son of a foreigner by a freeborn woman. not belong to him. the Daer Aicinta (base-born man). H. ISO that gets all Corp Dire. Flalh upon whom they feed that is entitled to receive them. son. he is entitled to get Fiu eland for the Killing of them. will be found in note ^p well as of many 473. te. p. and " On the Administration of Justice". His Dire is the right of his lord.15. and daughter. T. i.e.C. or of an Eraic. or for the ravishing of his wife or The son whose freedom was so reserved was virgin daughter. an inheritance from his deceased father or It is the relatives]. H.e. col. and that he namely wife. he was entitled to get in his own right Enecland}'''^ for four things. vol.CXVUl Fuidirs their : INTRODUCTION. as explanation of this other technical terms which occur through this and the next section. in like manner. T. or to position. or of his daughter. App. grandsons. — MS. It is the not entitled Flath who feeds him these fines and the restitution alone excepted". and in his wound. if he has reserved their freedom. unless he has chattels of his own. i. to any fines for the stealing of his chattels. Daer Fuidir. i.D. the worst iniieritance in history it is namely.e. i. 181 « 'l]^^^ Daer [Fuidir'] is not entitled — — — — l. entitled to the Corpdire^^^ or special damages for bodily injury.D. to obtain their restitution. 11. 2. and to own in the stealing of his chattels. 2. — . unless he himself has their freedom [that is. namely. b. " It IS in four things the Darr [Fuidir] is entitled to Fnecla nd. or mother. and also in 179 "Every Fuidir. i e. his bondage i. and that must suffer for their crimes". he is the son of a Fuidir and the grandson of a Fuidir. It is the FInth upon whom tliey feed that pays their liabilities (crimes) for The Dire of his chattels does them. his brother [and subsequent ^sections of this Introduction " On Legislation". or of his mother. p.]). 15. unless he has reserved their freedam in his own right . So. He receives no Dire..e. It is the F/atfi who feeds h'm that pays his liabilities when he has got no chat- [recover] anything [in his right] for the killing of his son.e. and in the ravishing of his wife". nor could he inherit the property of his father or other relatives: all these went to the lord. and he is entitled to the Corp Dire of a Muirchuirthe'". with his lawful rights. 471. i.. that is. for stealing their property. damages for the injury done. pay that is. '^' The wife and the virgin daughter of such a 178 « Every Fnidir with his lawful tels of his own. every Fo- daer. he did not recover Dire for the murder of his son... He does it iioes to not get the Dire of his son or of his daughter. etc.ither's brother. or any Dibad. but restitution only for the stealing of his chattels and for liodily injury. or tor any injury done to tliein. the inheritance of bondage and of will He not hardship.. i. or their own liabilities (crimes). daughter. or the body (if a Dibad [that is. MS. for wounding them. h.] " Cinaid Fotteisin. nor JEraic. hiis reserved it] for his immediate family. for their satire or defamation. because he is riothts! they do not pay the liabilities (crimes) of their sons.e. in his satire.

11. . but who had mar- There were special exceptions. If such a Fuidir forfeited the affection of he lost his right to not affect her right to receive Enecland. of the daughter was the same. Loy-Entchs are reckoned their is [in right of] *S'e/6 wives. he h& in right of the honour of his wife his Loy Enech is reckoned. Cxix Fuidir were entitled to one-half the highest honour price of their i-g the tribe if violated and the fine for attempting the seduction rtetemint-d . foreigner The honour prices of these three categories of Fuidirs were wife into hers. The Daer Fuidirs included: persons carried oj0f from a conquered country.'*^ The laws give a curious account of the state of legal dependence in which such men stood to their wives for instance. the Cuglass or "water hound". and man who had married a wife belontrinsr left his own territory to follow his and 3. These provisions were evidently intended to save the families of FaidiJ's from lawless violence.INTRODUCTION. 2. The Log Enechs to the or honour prices of : Daer Fuidirs were in thus the Dire of the proportion Fuidir himself was one-fourth of that of the lord and that . a man who follows his wife outside tiie territory.jf. or when he is acknow- (homestead) or property. his Log Emchis recltoned in proportion to the rank of his Flath. rank of their lord of his wife half that of her husband. prisoners of war to whom quarter was of Fuidirs.7--Fuidir. his Log Enech is reckoned in proportion to tlie honour (rank) of his is wife . whose wife a Bean Comarba (a co-heiress) — it ledged by her i^<ne". they could not buy or sell .D. or from beyond the sea. 16. a man without a his Log Enecli is reckoned in proportion to the honour of his wife and she shall pay his debts. and the Cuglass (water-liound). . upon the various grades of tlie i^/«e. t'he'iolds^. but his misdeeds did an Eneclaitd equal to one-half In like that of the highest member of her Fine or family. if it be after their marriage. determined by those of their wives. who married an Irish woman.. T. were not determined ried a co-heiress. 2.C.there are three classes only whose 182 "The Log-Enechs a. If Dae. and one-lialf of that for liis wife. — MS. a to another territory. manner the misdeeds of the wife did not take away the husband's right to an Enecland equal to that of his wife. in their absence. his "wife. one-fourth of his [tlie Flath's] Dire is tlie regular fine of his Fuidir. categories of Fuidirs whose honour prices by those of their lords. 12 b. These were the folio <ving: a man who possessed no property in his own right.

but differing from the others above mentioned in being redeemable. were not executed. Patrick ruidir class. MlS. debtors unable to pay their debts or find a security. that a man could reserve the light of his wife and children.' From the fact already mentioned. 15. from the frequency of the inroads upon the coast of Britain. and succonvict who escaped ceeded in getting on land again.cxx Pe»'so"sin- INTRODUCTION. class consisted of convicts of the worst class. it appears that he could Persons of this class voluntarily enter into base Fuidirship. This was the Fuidir Cinnad . The persons included in this class were generally of a superior class. Muir. The first category of I)aer Fuidirs must have been very numerous during the period immediately preceding the introduction of Christianity. were death by being sent adrift on the sea. second category of Daer Fuidirs^ or persons taken on the battle field. Such persons having once accepted the protection of a Flath. It was as a Fuidir of The this class that St.'*^ given on the battle convicts convicted of a capital amniig Daer condemned Urradh. or Fuidirs '*' These were included in the class of Daer Fuidirs known as Fuidir saved from the gallows. p. field . and could only be practised on the sea coast. voinntaiy Jjaer luiJirs. col. could not leave his estate without his sanction. havincf to failed to find a surety or A on the shore of whose territory he was cast by the tide.'** This kind of punishment was evidently a mode of giving persons guilty of death. or as the addictus". 2. who fled from their own territory Another for when outlawed. and kept in a state of bondage for life. and perhaps of Gaul. one cause or another. St. and who. and such a security when himself unable to pay. a. 13. when he became " said. but whose case presented some extenuating circumstances. they were the Fuidir Crai Flndgal. appear to formed categories of Fuidirs. or twenty-one cows for him. and received sanctuary from another territory. circumstances was taken up by the tribe drowning under these crime. Roman law have also a Cimbid or " victim". Patrick was first brought to Ireland. were kept in fetters until redeemed. Persons convicted of crimes not considered capital. H. and could find no one to pay the legal price of a victim. that is. formed a distinct category from what may be called the con'*3 Goil)hle. that is from death. a chance of life. who.

The This circumstance explains the expression so often heard tradition of among the Irish peasantry when they complain of being evicted father and grandfather were there by their landlords: before me".C. a Sendeithe in tlie term of the fourtli F/a^A. fully the rights of free citizens of the territory. but sometimes entered into a contract for a term of years. after the ninth generation. T. '^* From a passage in the Crith Gablach^^^ it would appear that Fuidirs could only acquire that the family of the Daer Bothach when his family . when they had served under four. The immigrant Saer Fuidir who came into the territory free from crime. squatters. or. man Daer Fuidir acquired the rights of a had served under three lords and those of a Sencleith. Sencleithes. a Dae. '8" See vol. could not be ejected from the laud. They appear to They were. indeed in the third. 2. they have a of legal right from that forth". preserved. as I have already remarked. '^^ —3fS.15. ii. CXXl have been generally poor wanderers. and who were obliged to accept this kind of servitude on the estate of a lord. 494. "My "My grandfather me ?"'" was a tenant of we^^were free from crime and paid our rent grand— where is his his right to evict '** He is a Saer Fuidir in the term two Flaths.INTRODUCTION. The Daer or base Fuidir or his family could attain to the irish law of freedom of a Saer Fuidir when he Flaius in succession. in fact. so that a Fuidir family in the rights fourth generation. After the settling down of Deoriudhs (wanderers) in Jb'uidirship. and when they have spent for the term of three Flaths in Fuidirship. p. except when adopted by the whole tribe. possessed certain Rights of on the land of a Flath. 6. ni b-fUAijA cu cin coit^ ha iAriiA oni\o ha oi\ni fein acc inAjA " ancestors AticccA'onA ? Long as as Or the it : •da ^'a-o mo : my . presses Irish saying exbi i-p fm^eAi\ vugAc. the bondage of Daer Fuidirship did not extend to his grandchildren.r Bothach in tlie term of three Flaths.D. might become a Sencleith when his family had served under three lords. who possessed no property of any kind. So favovirable indeed were the laws to the abolition of this kind of servitude. H. of a liad served under two*'°""- That is. that these squatters did not become Fuidirs for life. father .. vict Fuidirs. App. There is reason for supposing. however. by public proclamation. p. for the Daer Bothach had also right of settlement.

from his landlord [i. etc.D. the residence and lands. upon his OM-n land". 13 a. that is one-third of the fathers.third for the land which he got beyond. first. p. Flath.e. and who continues to live tribe. was considered to be one.e.e. he leaves one-third of wealth [for chattels].e. because it is beyond" [t'. namely. It is competent. \5. MS. whole. 1S9 «^The Fuidir Bulla fri Fine.e. great small. both the land and the Gnaim of tilled [crops land]. that he left no is no liabilities for trespass or liabilities " of foot divided between them in the proportion of two-thirds to the Of the landlord's share. and the madder field. T. and one. nor can jou find it upon myself: what then is your right to turn Upon. H. when through any cause he separated from handed over and cattle his property to Fine or family. i.C.e. or at any time if there was no specific contract as to time. H. . one part.. that on condition. or who has transmitted [his property] to his faniiiy or relatives. i. or his debts. i. a man who has abandoned his home and FlatK\ MS. i. was called a Fuidir Focsail a aitlireah?^^ A person might become a Fuidir even in his his own territory.and upon them. 13 a. theft. takes. T. which the commentator observes: me off?" 188 " Fuidir Grian. on account of the land. i.. the Gnaim. he i. He shall not leave crime of He foot or hand ujion iiis Flath. A man who catcgoriea 01 tree voluntarily left his own tribe and went into FtiiiUrs. Flath. both land and chattels. 2. the corn and the madder. or gone away from his own land in upon the lands of the gets land proportionate to his wealth. and has passed outside of his territory. 2. on his and that he showed the Flath the land and chattels. but he must show (surrender) shows to his land to the Flath. of all that he possesses. and everything he received from him. and one-third to the tenant. a man who i. who gets the land.e. 13 a. "It is conspetent in the Fuidir Grian to depart from his Flath. great and small. 15.. the Fuidir. [the Flatli\ everything he got from and him. has the power to leave the Flath whenever ]w likes.third for attendance he takes away with him" received —MS. and he takai . Such a man was pay called a Fuidir Dedla Fri Fine^^^ A free man who hired land from a Flath was called a Fuidir Grian. T C D. and one. i. the lesidence.C. p.e. and leaves two- neither crime of foot or h. both the Tod. The chattels were or hand".D. 2. i. but it was usually a grazing contract tacitly understood to be fvr one year and a day. Sometimes there was a coHtraot i'or a specified time. but who continues in the same Crick rterritory). "The Fuidir Focsail a aithreab. but he sliall show up [his lands] to the Flath . but he does not carry or take Ho hows him guilt from the Flctth. or as rent for it]. another territory. p.third were under your they found away third-". 15. from the landlord] he got chattels.e. H. the tilled land.e. everytliing he got from him. the Fuidir who hns sejtarated from his Fine.cxxu Difi'erent INTRODUCTION.e. The Fuidir might surrender the land at the expiration of his contract. the Flath everything he from him.

e. The [tine of] default of every Fuidir is settled upon five Stds. like the latter. for his Cairi Something like a trace of the ancient for his Cairde. rent.third of the increase of the cattle. however. and. the Indeed the metayer of France. The Fuidir of this class was called the Faidir auca set. when he is . lettcre di In other parts of North Jtaly it is generally one-half (Sismondi. and received from him land and cattle. Futd-rs cd. for hi-' Rechtge. The name Faidir Grian is still preserved in the translated term in use in Munster. the medietarius of medieval documents. Tableau de FAgricidture Tokcane. and that is also what isgiven to him [by the FlatK] when he has l. and appears in the practice which ex. 1-Jaumer. lie has to show up. Dire of his cattle [quadrupeils]. and the mezzajuolo of Italy. a^id one-half the wool of the sheep (Journal des Economisles.a manent tenancy. Cinque Toscana. i e. or. economia Capponi. IPo). The Faidir Grian act as agents for the large facrepresents to a certain extent the old who colonus partiarius. tors. The capital Different tenant's fhare of'of'fi'ee"^'* one-third was the price of his labour and skill. but however much he gives [of iJiatad]. a niezz:ijuolo held a farm for ten rate from his Flath. and base was selected specially by the landlord.for his Dond [honoui] and for his isted about Ravenna in the times of drunkenness. out them". Geschichte der raised. v.ie*. i. and to have almost attained the tenure of Ceiles. ap- plied to small corn brokers. owner of the Hath.i. In Soiogiie the metayers give one-third of the corn and one. '^^ ""^ G. themRn-vfho gets Seds (cows) and land. 1854). This term is now. JuUl. Hohenstaufen. fur customs which the Jrisii laws reveal.ombardy and Tuscany for one year. of" sky farmer". The commentary is fis follows: Fuidir auca set. Taurcrech. but he shall leave neither liabilities or crimes upon years. as it was called in the case of Ceiles. Every Fuidir but the When Daer Fuidir has the power to sepathe Hohtpstaufen emperors."" certain A certain class of Fuidirs appear to have obtained a more per. chosen him [as tenant]. the man who gels Seds atier having been chosen. '^^ '^Fuidir auca set.INTKODUCTION. in ing been selected in preference to others".e. CXxiii and the other third the equivalent of the working given to the tenant'^" by his landlord. proportion in which the division took place between the proprietor and tenant is that which even yet is practised where the mezzeria system is followed out in Lucca. He paid Biotad like a Daer Ceile. 118. received Bath or wasfes. he could not be sent away withcause. p. 1S45. it does not diminish the liability for returning tiie Bath (wages). after paying Biatad during seven years. But while the Ceiles became. the Faidir always remained liable to return an amount equal to what he received. nor could his rent be v. after hav- ^^' " "Fuidir auca set. The metayage contracts in France are tisually for three years. he gives Biatad to his Flath^ and the Flalh gives him beds in return.

"Five Trebas. with the men who have legal rights in the tribe]". and who hired land as Fuidirs from a neighbouring Flath. it does not diminish or go into counting against the Rath (wages). namely. for whatever amount of Blatad he gave to the Fluth. It is arranged that this shall be the amount of the the Fuidir in case of his default of his services [dues] to his Flath at the time of parting. which developed in their descendants into fixity many of tenure. all his substance.^^^ about to leave. and not lent the lord. for he must return it VFhen parting. i. Of this class who possessed more cattle were evidently those perthan they could graze upon accordingly In order the land they held in their own territory.e. p. in went sons to the Flalh.e. one-third of the amount due to his Dond (honour) of his state. he fines cow house. five Stds. Fiiidir class of Fuidivs This must have been especially the case with the When a Fuidir. i. because it is only the Aithgin (restitution) of the amount of the default itself until he is allowed to abliability of are the things which qualify liis chieftainship for him. but one-third of it goes This Fuidir is not liable to his Flath. They nearly the same position as CSiles. are competent to separate from the Flath when they think well to do so. onethird of the Fnecland to which lie is entitled in case he has Ce'iles. for his Dond. i e. scond to and once lie absconds he has pay double the amount of everything which he has allowed to ab.D. one-third of the L>ire of his Dula (legal property -qualifications. 2. he co-responds [i.. For his Meisce. If he has the five Trebads in fulness. is in this respect equal] with the tribes [i. namely. leave him to suffer any losses in their leases. for his Cairde. i. raituerships him by one. MS. Tor his [part of Cain law] he has to pay one-third of the Eraic of his Cain. T. 15. i.e. for his Dire. i. i. even though he consumed it as supplies. i e. five Trehas or what constituted a coma plete farmstead.third of the Fraic of his Cairdi. a residence. for his Rechtge (rights). his chattels. one-third of his Fnecland (honour price) . that is the Rath (wages) itself. All but the Daer Fuidir. the Cuig-Rathcedach. — they do not leave the fostering of their children.e. a pig was liable for his own and costs.e. and a calf shed. cattle). the only them must have acquired a certain permanency of tenure either by specific agreements or by custom. 13. an hundred in each.CXXIV Tenures of INTRODUCTION. [i. strictly or Although the Fuidirs were. one-third of the Corpdire of the wound which is inflicted on him when he is drunk.e. a. he is competent for the payment of their liabilities and for giving Biatad tohia He is entitled to the Dire of Flath. or anything of their lawful duties or crimes of foot or hand".e. one-third of which were.C. however. a sheepfold. stye. in fact. scond [fail] of the substance (property) which he received at first after having been chosen. He receives the fines of his sons. col. those things which we have mentioned above. was wealthy enough to possess or his own.e. tenants at will in a Tuath. even a base last described. and entitled to Dire and damages.e. namely. of whom I am not speaking. speaking. They were entitled to the Dire of a stranger. for the fines of his immediate relatives unless he has the five qualifying Trebads. H. for . one. or these '" " The Fuidir who has the five Trebads for his own family. They do not.

e. 12.e. in which he says that the landlords did not let their land for a term of years.D.e. he does not bear the his relations. and became permanently a Fuidir.third of it goes to his Flath. Trebads in fulness. i. unless he m p. tlie Cuic Hath chattels. and when they of his own family {Fine). if they have the right of his bail". (calf-shed)". i. Cedach. family in a lord a tenancv to year from ypar . he participates with his people like for he is competent himself to pay his the Fines". the pay one-fourth of the Dire of the Dili Trebads are.e. hence.e.e.INTRODUCTION to CXXV enjoy this " having an advantage. he does not bear His Flath.. but one-third of it goes to his Flath.of the Flath to him for his Ddl. and the position generally of Fuidirs. when he Cuig Rath Cedach. each of them (i. i. 2. and tlieir liabilities".e. '''^ and their benefit « has the five qualifying possessions. which held of ancient Europe.C. he lost his rights. «(j^o-v7 we will proceed to other like Defects.'''* In the next section I shall briefly describe the system of partnership. a Lias cae. each of them is entitled to rependence. and that it is with the one the Fuidir and his Flath) will attend Flath they are. just like every But if he has the five Urrad. sidence).D. The comnientary on this is as follows: "t.e. and lie is entitled to the Dire of a Deoraidh [a stranger or liabilities of Fuidir. i. i. namely. but one. is not five possessions of eveiy Daer. ceive the Dibad and liable for the and provided they do not belong to charges of the other. and that this explains an error of Spenser.e. the Flath has to get Cedach. the Irish tenant their injury. or five guarantors of one hundred. The latter circumstance. the Daer Aqcnta. i. a it is then every man of them follows Foil muc (a pig-st>e).e. enables us to understand and correct a statement of Edmund Spenser. i. T. his land 194 on any other terms. and a Lias laeqh families of the other. unentitled to receive the Dire of his less he has the five qualifyinir possessions in fulness. MS. five men might form a partnership. could enter into Fuidirship only from to year year. and that each man of immediate relatives. 12 a. i. 2. 195 T.C. if he entered into longer engagements than one year with another than his own Flath.teach (cow-house). property).e. if he has the five possessions in fulness. but only from year to year. a. each himdred of chattels" of all kinds. that is. 15. the Cuig Rath Cedach.in the succession of the lands of the rach (sheep fold). i.e. When they have the Cuig Ruth his Flath. wanderer] for himself. Fuidir. the term Cuig Rath Cedach. i. the Fudaer. and that afourth of the (meet) to (the liabilities of) the land liabilities falls on them. p. for his family. H. the Daer Aicinta.. so important a position in the land system iree man belonging to a recognised Fiiidirsliip under a having recognised legal rights as a member of a st'ange A Tuath.— Jy^: H.e. Fine. i. it is competent in him to give Biatad to his Flath. a Bo.{Ini/le). a big house (re. if there be five holds the five and the liabdities of his men of them. and he is the liabilitii'S of his relatives. liabilities when he is so circumstanced.e. and unless it be with one Flath he has them [that is holds unone-fourth of the fine bail liability der one lord]. the a Fodaer (base bondsman). amongst which there is one . and their Dibad.e. 15. i. would not take (i. and some during pleasure. Unless he has them has one hundred of chattels the five Trebads to quality his inde.

. The Keason hereof Tenant is. so far as it refers to persons having. as we shall see here- ignore the Irish customary tenure. vailed at an earlier period. So that the poor Husbandin the man either dare not bind himself to him for longer Term. or for term of years. . some during Pleasure. and exacting of them (besides his Covenants) what he pleaseth. also imitated who owned protected the tenant. but only from year to year. In the time of Spenser. The is Spenser's error consists in not understanding the constitution of the Fine. to had been dispossessed. that the Irish landlords did " most shamefully rack their tenants" besides exacting their covenants. neither indeed will the Irish Tenant or Husbandman otherwise take his Land. and the second part. and the new foreign more to their interest. law That many Irish lords land in Ireland. A View of the State of Ireland. — . so far as it applied to Fuidirs. or thinketh by his continual Liberty of Change.OXXVl Spenser's error : INTRODUCTION. at least as it preless equally true. was doubtless true enough in his time of the majority of Eng- lishmen irisi. tenants had the slightest hope of regaining their rights. for that the Landlords there use most shamefully to rack their Tenants. specially provided against such inOne of the seven things forbidden by the law was to justice. laying upon them Coiyny and Livery at Pleasure. the Lords of Land. this must have been especially the case. is. do not there use to set out their Land in Farm. the number of Fuidirs must have been very confiscations. to keep his Landlord the rather in Awe from wronging him. first part of the statement. owing to the continual civil wars and In the part of Munster in which he resided. for that he daily looketh after Change and Alteration. for very many of the original chieftains landlords found it after. perfectly true .. or rent to a Flath who demanded an excess of service give general Inconvenience. Spenser's statement. large. is also true. however. and Hovereth in Expectation of new Worlds". which reigneth almost throughout all Ireland : that is. and treat all the As long as these occupiers of their estates as Fuidirs. is doubtBut the Irish law. And the reason why the Landlord will no longer covenant with him.. . or hoping to have. than so long as he list himself. they would naturally refuse to accept a tenure by which according to Irish law they would forfeit all claim to those rights. and . or the difference between Ceiles and Fuidirs. to their Tenants. them and disregarded the rights of their clansmen when there was no longer any means available to the tenants to compel their Flaths to do them justice. . any tribal rights. and Freeholders.

the landlord not being. law discred11 !• p -n T 1 11 table torule. i. i. a. namely. 58. until he returns deed for deed [justice for justice] that is. a man from I stranger another Tuath. The foreigner who settled in Wales under the same circumstances as the Irish Saer-Fuidir. it is not lawful to give 1 «" Allegiance a fiilse made service to him. a fa'se testimony [demand].. col. were estimated in a peculiar way: one portion tenants. but in proportion to his deeds.e. . until the Flath has made restitution for the injustice done them. until he CXXVll is from any of which ho was had paid the fine to But that notwithstanding prcforenee liable for such an illegal demand. Mus. also Anglo-Saxon elfjeodig (from {jeod. Cf. and others condemned for to a lord who has charge. 3IS. or for additional service. fines. namely. Eilltion) or Altud^^'' (pi. fol. ii. was dependent on the land each held. or honour prices of the larger tenants.e. The swr His family could only obtain the right to bear arms after three presented and he could only acquire the rights of a free ^i/uc/. other folk. p.w described above. 678. was called an Aillt (pi. The convict cast ashore. >3' Cf Irish Al-Tuath. and to the Theowas and Esnas or unfree classes of the AngloSaxons. or damages which his tenants micdit have become liable to. i. that his tenants. i. 1. Modigiicran Piouder . the Irish tenants espoused their cause rather than that of the Englisli government in Ireland. it is not lawful to render service [to him] until he hiis paid the fine of the false cliarge [judgment'i. For excess. The various categories o^Daer Fuidirs corresponded to the Welsh Caethion. people). is perhaps the strongest proof which could be given of the oppression and rapacity of the latter. rent or services from his Ceiles or Cleithes. and the other upon the amount of his property.INTRODUCTION. another territory. for excess. especially after the estabhshment oi Jiiughsh power and the English • PI i 1 1 consequent breaking of the Irish legal authority. Altudion) that is.'^'' the oppression which the Irish r laths sometimes exercised. to render Ceilsine (service^ to the Flath who has made a false judgment [charge] upon his CV(7e. however. generations .e. The Log JSnech. liable for any of the costs. they are not bound to render the service until they receive their lawful ritrht". one-half of what he was entitled to in riglit of the land went to the Flath. Rawlinson. Brit. as a protection fee. Kymri from the fourth to the ninth generation. 487. Ne seah ic elf^eodige mani'_'e Never saw Thus men Men thus many Beoivulf. or other people. Damages.e.

it in Ireland. . This difference was probably the result of the conquest of North Wales by the The Altud or foreigner. which corresponded to the Irish Dire and the Anglo-Saxon Wergild. which was another name for Enecland or honour-price. man. in the former it was hereditary. to damages due flaths. The Caethion also was not entitled to Galanas.S. Right of etc. nor to Saraad. legal They did not therefore stand under the protection of the law. the Rigflalh or royal chief of the Tuath D€ Danand of Ralh Cruchain. Flath who ^* . An distinction was merely a contract. could have Botliachs and Fuidirs so his lands m North Wales ucheiwyrs pcrsous Called Uchelwyrs who it was only the could have had possession of •' Gaethions. German edel. is entitled to one-eighth of the amount of Enecland which he gets in right of the land. if he be a wanderer or a or whosoever pays his foreigner. corresponding with Irish fer.H.e. . crimes.. SO in Walcs the CaetMons.cae(«on« Theoicas. representinoStrathclyde Britons. or an Eclais or church. p. others were domestic or farm of Swoni gories servants. A. and had a higher value. a File or poet. while in the CSile. r. as in many instances at we have seen was the case least. Uchehoyr is literally nobleman. belonged to different catesome were held for sale. free men reduced o ' to slavery bj sentence of the law for crime or debt.'^'^ noble. . from wc/te^. but in the possession of the lord. and gwr. 'iFuidir land it must be the real property of the Flatk. This word occurs as an Irish proper name. and if he has no chattels of his own liabilities. Wales. and his Marbdile or chattels also". As in Ireland the Daer Different Fuidirs. latter. i. They had only a value like an animal. which corresponds with Irish uasal. ^ represented the different categories of Wite Theowas or judgmeut Theowas of the A nwloSaxons. It to have serfs of any "' was only class on a. Uchel or Ochal. or the proportion which one of them bears to the other.2. and to the F/ath also belongs the Enecland derivable from it. 198 15. depending upon beauty and age. some again were allotted lands. 8. that is. that is the special a person's rank or position. which corresponded to the Irisli Sarugud. and debtors and their sureties _ who were unable ' to pay. etc. 1^3 MS. Distinction who corresponded to the Irish Daer tudebe-^'" s.CXXVlll The Daer Futdtrs the INTRODUCTION. and had then the value and the Galanas (Irish Corpdire. Wergild) of a Teog. r J ' w. important appears to have existed between north and south Wales in respect to the servitude of the Caethion.az). .

have seen that the We Fuidir could become a Bothach. dered. own land but although devoid of political power. and that both could become *"" The Cities terra vassal is here used in a general sense . like the Boc-land or register land of the Anglo-Saxons. in part at least. immigrant foreigners. and there can be no doubt the Daer Ceiles were a heterogeneous body. Sencleithes. that is.The Daer and like the latter were not " landagend'". though origidescribed in a nally possessing. The constitution when I shall have of the clan will be better understood subsequent section the nature of the Fines or Houses. common the name of the Flath of the tribes forming the clan. prisoners of war. belonging to veiattd by riath. The free or Saer Ceiles were antrustions. were classes of Sncitly Uv(t ca caites not castes. and all bore or chief . and the payment of certain fixed lents.. a definite position in the tribe or Tuath. the lowest to In process of time a family could progress from the highest rank. villeins. above enumerated. to a certain extent. an ethnic character. leuds. their tenure as we shall see hereafter was secure. also.INTRODUCTION the CXXIX « Irisli Suer Fuidir.^"" who saer cuus held their lands of their lords in lieu of suit and service ren- As free men etc. descendants of conquered earlier races. Bo Aires ^ and other constitution Daer its Ceiles. strictly speakii. and Fuidirs. alord. Of all these various classes of persons under the protection o^cAiiPson\y ' . and the descendants of the latter classes. and Saraod or honour-price The Aitucl of" the king was indeed placed on the same footing in this respect as a free Kymri while if under the protection or in the service of a lord. tuted the clan in in territorial and Bothachs. or churls of other coun. liml politlligiits. purchased slaves. or vassals.caus not achs. The Sencleithes. that is. became an inheritance.g. constior general sense. The Daer tries. lAT. they were entitled according to wealth and rank to a portion of the common land. Saer were vavasson. and tribes composing it. were the manentes. appears to have been entitled to Galanas or Dire. a* . did not viiieins or Ceiles . Buth. free Ceiles^ the The Flatlis. other tribes. The free Ceiles of a Tuatli may have been related by blood to the F laths. the Ceiles only could be said to havecai political rights. The different classes of ancient Irish society. which gradually. he had only half as much.

. it is probable that originally the Irish and Saxon customs were alike. ^"2 This was the case at least in the North of England. that _ fioin belnjj a forelsrner *' _ be admitted to certain In like manner.. although he grades of jBJ A ires.^"^ The Oc A ire. This to power of ascending in the social scale corresponds to the old English law of "promotion". Ranks. ed. 607). Ranks. fol. In other pkces the bare possession of five hydes of land for the king's " utware" may have been sufficient to entitle a ceorl to b-come a thane. LL. p. Wergilds. or man of wealth. and Inst. and to have materially contributed different races mingle the which successively entered the country. p.^'*^ was considered a inherited property from his grandfather. did not belong to a house. 316.^"' hereditary nobility could only be obtained. by the possession of property held by the family for three generations. ii. ii. If a ceorl inherited from his grandfather. App. not only in the principle. vol. 479. fol. appears to represent the Saxon of three voyages. See Crith Gahlach. p. Anciunt Laws and In- ^'" stitutes. Thus one of the lower class of Aithechs or tenants became entitled to be a B6 Aire when he possessed twice the wealth of one.. he was admitted into the rank of a Sithcundman or Anc. p. Is. p. and had inherited land for three generations.CXXX Classes of society not castes.. but also in detail. a sufficient quantity of land. ed. Thorpe's translation. 185. tit. App. as in Ireland. . ii. ix. and corresponded or rich to the Greek TrXovaiog member of the commonalty. This gradual promotion from one grade or rank to another appears to have been frequent who enough. We know at all events that amonff the Anglo- Saxons. ^ SencleitJies. vi. membership of a clan could ascend in the scale by time and the accumulation of wealth. those once admitted to rights of the territory. The Fergnio who performed the three deeds of championship which entitled him to make the food of a king as described in the Crith Gahlach (vol. was called a The aspirant for the rank of Flath Fer Fothlai. through liis father. 185. tit. 203 vol. one ofthe lowest " new man". but nevertheless was a person of influence in the cities. though personal rank might be gained by crossing the sea thi'ee times at one's own risk. and Lappenberg's History of England. and the Bo Aire in turn could become an Aire Desa or Flafh of the lowest degree. INTRODUCTION. when he possessed twice the wealth of one.

the Celtic or German nations with which they came into con. accordingly. as a guest in a territory. — Merc. TheanJ'^^ •^ CXXXl The Irish of naturaliza-Katnr. — eval sources from which we may glean some information on the subject are of three kinds: First. In the case of a Fuidir who had already dwelt in the territory. and a seat at the burgh-gate. 2.R^j^^nT^ tact. a bell-house. c.iiiz. unless he possessed wealth enough to become pledge for himself. or customs of Tacitus' sketch of Germany is. Germania was not. the Burgundians. and other Germanic peo^°* "And cliurch duty in if a churl throve so that he had fully fivehydes of his own land. so much information concerning the German peovirtue with Roman corruption ple. the writer from wdiom most information. His adoption was then approved of by the Sabaid. . much attention to the manners. perhaps. the the vanquished. and proclaimed as in the case of the guest. and that is so brief that it is obscure. laws. indeed. Hence.INTRODUCTION. the laws of the Salic and Ripuarian Francs. and a special the kiug's-hall. . 9*u . . from which we can gather any real inforsource Roman only mation on the subject. there very little information on precisely those subjects which are of greatest interest to the The medi m^^ii'^''*!? historian the occupation and ownership of land. whether living as a Fuidir. tion of a stranger. already domiciled whom a chief wished to honour by giving In the case of the guest him lands. however is insignificant they may be otherwise. or sti- ngers. his Flath. OWNERSHIP OF LAND IN ANCIENT IRELAND. he was thenceforth a TJiegn right worthy" LL. and wealth were testified to by adoption tool< place by public proclamation after it guarantee for him. he had become an adopted citizen. law recognized the principle * at on of . laws and customs regulating the occupation of the land among ^"n^^^"^^-^^. his term of Fuidirship. brings The object of the to give the Romans he thinks favourable to his design. a and a kitchen. was too intent on to devote we might naturally expect his own self-glorification. Cffisar. who became family. the had been of which approved of by the Sabaid or councillors of the Taath. as to contrast barbaric into relief only those points which Tacitus. Sources of R(iman and Greek writers c give us little real information on the information.

Anfflo-Saxons. M. and i • i rn r Suandmayians. . that the members of a clan were descendants of the same family. . regular rights of property. such of the Irish laws and Custumals as still survive are unpublished. to we have not found any determine the nature of satisfactory attempt ownership in land among the Gauls. but the laws have been studied too much under the influence of Roman or Feudal law. the various 1 . Guizot Europe. thirdly. and in other respects also. ment of the institutions of France. Although the Custumals of France haye issued in a great measure from feudal times. Amadee opiSonT'' '-I'l^iei'iy* has not even proposed the question. However feudal the Custumals of Germany of their matter. o 7 j maxims legal are not always in conformity with the ancient Ger- manic laws above mentioned. is laws have been of great German in the Latin- The Welsh laws possess great value. there are. Such was the condition without any m which the agricultural population appeared wherever . unmistakeable traces of Gaulish and Germanic customs to be found in them. as is shown by the matters embraced by thein. but they stand in need of critical analysis. but hereditarily enjoying the privilege of cultivating them in consideration of a rent. and although the Irish. illustrated by comparison with other Celtic codes and Custumals. M. nevertheless. has given us his opinion on this important question in his brilliant lectures on the Civilization in History of Incorrectly assuming. Custumals of France and Germany • ' ples 1 • . . as I shall show hereafter. and always ready to rally round the chief whose origin and destiny were the same as theirs. no one can deny that their character is fundamentally Germanic. the laws of the m i 1 r 1 o Ihe first category of materials is well known. on ownership of land . the exception of a number of fragments alleged to have belonged to an ancient code called the Seanchas Alor. Welsh. Their special historian. may be in much The Anglo-Saxon and Scandinavian service in helping to determine what Germanic codes and in the Custumals. he says: "They inhabited the lands of the chief of the clan.CXXXn medieval 81 nixes of information INTRODUCTION. modern Fiench the ^sib-^ect • With ^^^^^^ ' Notwithstanding the extensive and valuable literature which ^^^ subject of the legal antiquities and the develop. sGConfllv.

and only reserved around his house an extensive domain which he cultivated by means of property. and followed him to war". Hazlitt. there is I'eason progressive development of the family. that he distributed the remainder of the arable land in a manner as equable as possible between all the families: or rather. As to the forests.Guizofs found which bears the name tribe. But it questionable whether the Aryan had not passed beyond that stage before the dispersion of History oj Civilization. 1846. by those of the tribe who pretended to belong him by blood. to believe that before the Roman invasion a portion of the I canagricultural population of Gaul v?as in this condition not go here into detail. . translated by 132 Wm. of clan. 1 /^ di's opinion . all iii'i is. clan. is This. no doubt. the usufruct of them remained undivided. and to feed as many cattle as he could rear and keep during the winter. the so-called Celtic peoples. each surrounded by a population which lived upon his to the Roman domain. that the chief member had any was merely the supreme administrator of the property. de Sis- mondi among some race ^o* iii. and organized municipally upon a system analogous municipia. p. -I among special individual right. certain districts. each having the right to take what suited him. others. the state of nomadic tribes. if not exactly upon that system. but everything indicates that anterior to the conquests of Cffisar.. were formed therein. two forms of society. two in- fluences. disputed for Gaul. and which evidently results from the Now. that he made every year an allotment of payments to land which had remained sufficiently long fallow to promise a fruitful return. that social oi-ganization is CXXXlll ofM. . to which no common in kind. cities. and even in cases of tribes that have become more or is „ . . Towns. Such in general terms appear to have been the views of M. this the state of less fixed within nomaiuc tribes. the territory of the that. natural pasturage. and the unoccupied land. The country parts were inhabited by the chiefs of tribe. Esq.'"^ Another widely accepted view that has been assumed rather Jf-S'smnn1 tlian attempted to be proved. sept.INTRODUCXIOK. etc. and among clan was the ancient Gauls. London. powerful mistresses of a considerable territory around their walls.

^"' The most important totheGermans. Old Norse which aie very nearly the same in form as the Irish words olhal. or hold a certain definite allotment of land. for such property. ii..g(J ]^y . and is isted a class of persons who had privileges who assert that the to those an answer so far early Germans — had no a class could possess . and which are used in exactly the same i sense as the 2"^ '">^ German edel. if not absolute ownership of some distinct portion of the soil.^^ij dually. or common land. This circumstance alone would show that there ex- a nobility. still more when the earliest traditions of the north. privilege which such would be perpetual possession. — after what Tacitus tells us. jarl. cnunate WOKiS which it has is come to us through medieval Latin documents. . which they inherited and disposed of at will. not borrowed from the Latin. 71. a fresh division being made annually by the This allotment was not in chiefs or magistrates of the land. iVl. It is sometimes assumed that in ancient Germany. permanent property in any distinct portion or parcel of the soil could not be acone. Assumed ownerthip^ independent of the "ager publicus".ex XXIV IKTRODUCTION. and that the absolute ownership was vested in the state. poem and of the karl. Whatever p. J ^ Franks very soon after theii first contact with the Romans in that stage and moreover having a specific name.^*^ rank and quality being taken into account in the equal shares. is A (od^ and Saxon considered by some to be cognate with the Anglo- etheU Saxon odil. from year sharinsf. and becni[eDtertained of any Germanic people. The old Romans had private landed property. . any of the European brandies. which recounts the successive births of places beyond doubt that social inequality was not new to the Germanic races. that is. as they are preserved in The the Poetic Edda. t. See Palgrave Commonwiahh. in the form in . noble or gentle. t. or usufruct of part of the soil in iMd kM\vi' ^^ ^'^® individual ownership arrival in Europe. we find the Ripuarian their before severalty . q^jJ.'p. that is.. . that no German could claim indivi- among'tLe^ einians. Welsh naaal and cliel. plainly indica'e three distinct classes of society. curious )7iob11. Sismondi asserts this of the Franks. Pee Iiis Hisioire de Fiance. .. It is difficult to undorsland how such an opinion could ever have 87. Whether or not the German Aryans had advanced so far nobility. This term. High German uodal. the rights of the individual occupier being merely usufructuary and that to year.tgsmdl.

whence has come French salle.The was entitled to in — Fixing the mere-stones of the Gothic Carda or garden. " 'Ihe Faithche consists of the four Gorls (fields) « hieh . pi. embraced as ftir belong to the FuitcLe. and in O. a temple also. Ihe latter word occurs frequently in topogrnphical names.H.ILG. evidently connected with the Gothic saiithva(f.H. was also used anciently in English law for a messuage To/t.. " cum toftis et croftis". taberna mercatoiia.xtcnt of the Irish Gort. are connected with the ued. there can be no donbt that the use of such a word indicated that all did not occupy it upon the same teims. O. or orchard. a palace. a guest or one sitting on the same seat. Toftivi. distance to which the pasture land of his farm extended beyond th« iis the around it . dwelling house. Ang. Salilkvos KaraXifia. f. O. a residence. Ixxxix. When the tribes conquered their present country. and the Middle and New H. sal. we may Eaiiy hnn-. or is decayed or casually burnt. Sax. or cuter farm. There is .H. silda . al a medieval Latin gulis mansis''. Lat. a society or partnership. Anglo-Sax. seJde. The mere stones which marked the Garda or garden/'"^ amount of arable and meadow land which could be thus acquired It — — The word Selb occurs in the Book of Armagh (see note 112 p. on the other hand is connected with selda.. It often occurs in documents in connection with Croft. giseUiscaJ't.re . f. or planting stakes to mark the e. and by fixing the Irish Selb.H is ^"^ ^ .-°^ Dani^h Toft. seld. stli. Lat.ga><eUo. stlidha. phrase severalty. G. Gern:an geselle. O. The whole relations of Selb seem to indicate a permanent freehold possession. or hall. and that severalty each freeman could appropriate a certain portion of it in seveThis right was acquired by the erection of a homestead ralty. and was perhaps originally the extent of land which each " cum toftis et croftis" co. a comrade. in modern times it usually means a piece of ground where a house had stood. Norse salt.INTRODLCTION.H. palace.G.G. and meant a small laws as follows nearest to the Fuitche and Goit re explained in the enclosed piece of land near a house. selida.|(lomicilium M. The O. seld. and Lutch ^cseZ. S( //a.). Swedish Tonipt. which Lucange explains as "domus coloni in sinand Schilter as " praediuru emplij teuticum Lubarii". giseUo. and corres^ onded to the Irish Fuitdte or la\>n. a palac e. The Anglo Saxon y selda. and also a hut or cabin Anglo-Saxon se 'dh. sele.e admit that the whole land became common property.G. corresponds to the cur cuailue Gu'ut.-Sax. especially the latter. ^0* and N. gestlhchajt. lliere is a medieval Latin selda.G. an inn).H G. The latter form is connected with O. form sella. : Bade if (residence). A Croft is an enclosed space for pasture or arable land. that is the extent of freehold which a man of rank was entitled to person enclose around his chief residence. and O. sealc n. even . land". sala. Sax. O. in Anglo-Saxon. namely a Gort at each side of tl e Bade all the mountain was the nearest [land] to the Baile it would The Scchter Faitihe. 1C1|^ fAicci ACAf nigOiine. is probably the same word. CXXXV may have been the nature of tlie tenure of land among the Germans. " both land and pasture ie>pouds to the Irish one. a house. The med.

The state could resume possession of the land.D 224. • m • only li-iufruct"."^ • The common . £0. or a less disconnected. jip. Settlers on commons land first hart at land settled upon by the peasant. . a field.* In the north of England the term Garth is applied to a little backside or rum E close. brouffht mto Cultivation. contained a similar provision.\ INTROD UCTION.C.. the Welsh Garth. and was still under its jurisdiction. MS. applied in the same district to a species fisli.. howsurrounded by the waste or unocThe Gauls cupied land. fi2. 49. 238. 18. if the peasant was too poor to maintain his position. 487. or records of the inquests made in 1353. which served as a kind of protection. of weir for taking "" Germnnin. called a Nemda. as an enclosure. by the rank of the person. ' Da Bella GaU. under the name of "Gardina de terra nativa".''^ Land held in this way could not MS. Brit. did exactly the same. Rmvlinson. b. H. and . and was used as pasture for cattle or as forest. ^ r tee. is by the word Fishgarth. determined. or was idle. in whom the power of the community was vested. If a member of such a copartnership allowed his "oencA or buildings to go to ruin.^'" but more or a well. ' The Bretha ComcH/c/^fs or judgments regulating co-occupation of land. T He had only still was their losidinaviit. pi. . who were a class of cottiers. as Ctesar expressly informs us. by order of iward the Third. Gerzi. as Tacitus informs us. quam latissimas circum se vastatis flnibus solitudines habere".i ii fo--. . Garth. 63. 211 c. xvi. Mm.riiarvon. These settlements. which in turn were probably di. T. did not at once become his Original .86. wood happened ever. which affords us the same archaic examples of customs for the Germanic peoples as Ireland does for the Gaulish and other so-called Celtic races.. The Irish Gort which are mentioned in the Exttntae Commoto- of Anglesey. . The also illustrated primitive meaning of Gort. while their " owners. as They were. a court of this jurisdiction was exercised by twelve men. fol. are mentioned as gardynemen". the absolute ownership vested in the state. so placed as to be waste land was the" common property of the inhabitants of the district. as in Ireland. usufruct as a tenant.. appears to have been in proportion to the character o( the building and the extent of its enclosure. p. 2. he wns liable to be expelled unless lie put them in repair. ' The Rgrord of Crr. is . 84.ex X VI . of . which more hereafter. or allowed his holding to lie waste. Gar(Ia. 23.vi. just as an English copyholder decay forfeits his holding if he allows his buildings to fall into Fai'che. . "Civitatibis maxima laus est. col b.etc. were not so made as to form con- nected villages or towns..^" This to suit. its 1 p In Scaiulinavia. 3..

and license of his Witan or counsellors. *i. sTich as the appanages of certain offices. given to reward great public services. and might be regranted by the authority of the Folc. "* Kemble suggested that the "hundred tliousand of Ibid. and could not alienate it in perpetuity by bequest or sale it reverted to the community. tlie in Ireland. In England the common land of the community was called " foIc Land "Folc Land".-\' lairl. or As became the is special appanage of the crown. One way in which it occurred was that land was set apart for specific purposes. i. 289-90. and of the tenants the former having the dominion and the — usufruct. o\'i\. or as mensal lands for the royal table. and could This was also the custom alienate or transmit it to his heirs. and in this way no doubt a good deal of it became allodium. or .i. forming what " terra regis". we can follow the conversion of this Folc-land into allodial property.INTKODL'CTION. done with the advice. that is the people's land. consent. large portions of the Folc-land passed into their hands. holder acquired an absolute property in it. F. as in Norway. poses registered. CXXXTll be alienated. Here. for slaying OngeniSe6we. the authority of the Bretwalda.^'^ Folc-land was also b9c Land. As these offices became in most cases the land hereditary. and to Wulf. ^'^ and the tenants the usufruct only. forming the appanage became a freehold. were analogous to the rs/uiivog or cut off of the Greek. called in Domesday Book The conversion of Folc-land was an act of the king. increased. land" giveu as a reward to Eofer.ii tiik 11 out of til ' . but when one family had so enjoyed an undisturbed possession of it during sixty years. or when it was successively held by father and son to the fourth generation. ^'^ Land thus alienated for special purportion was hence the name of i^oc-land given to it. Grants of this kind. in The lord or The Saxoiis England. court of the district. The occupier of such land had only the usufruct. Kcmble has Of lands the old i^o^c-land nothing has remained but the common of modern English manors and ancient towns and These common lands are the joint property boroughs. of the lord of the manor.Gemot. and the subreguli sank into mere nobles. or chief king of the AngloSaxons. Pec Bcowu'f. 305. as suggested. or of the corporation of the town..

Gemot. that traces of this early communism are at first in. As. I know not. with the exception of the collection of fragments on the Law of Distress. the Anglo-Saxon kings and Ethelings. or members of those families eligible to become kings. whether called Celts or Germans. Martin. undoubtedly possessed private property independent of the Folc-land. Whether their thorough investigation would give us the evidence stated by M. ^^(3 Ethehngs. alleged. disposable of by gift or sale."^' tells us that the tribe was the only proprietor among the Celtic iiatioHS and he adds. before their contact with But Semitic and other early Mediterranean nations. and are consequently only trustees. Hcnri allege" " o'f'eaiy Celts. and enable us to solve the very important problem of the notions regarding property in the soil of the Aryans. Martin could only have obtained his inforas already mentioned. . to cient code. . »'» Vol I p. and further... converted into Boc-land or freehold land. M. principles of the laws regulating the occupation of the land were practically the same among all the early northern nation^ . very evident in the Irish Brehon Laws. which became gradually alienated. but was transmissible by inheritance. 43. which was devisable by will. . that.l iand uf corporation represent in this partnership the ancient authority of the Fvlc. peihaps more certain. corresponding to the Irish Damna Rig. have formed part of a supposed anBrehon Laws are still unpublished. . did not merge in the crown land. and to a great extent unknown. as might have been anticipated the general among so closely allied branches of the Aryans. many Thegns or nobles descended from them must have inherited freehold land from them. published some years ago. to the absolute possession of part of the soil. the mation from very unreliable statements respecting them.CXXXVUl INTRODUCTION. and as all their ranked as Athelings. But beside this Folc-land. Henri '"^ M. in his History of France. Martin. rests upon as ceitain. I believe that the riiijht of individuals among the Irish and so-called Celtic inhabitants of Britain. evidence than among the Angle-Saxon and other Germanic peoples. Allodi. the number of families once independent chieftains was very considerable. As in very early Anglo-Saxon times.

territory the true was constituted owned in which unit. Their own estate and was in part occupied by Saer CSiles. except where the ancient proprietors were wholly dispossessed. tenacity the and influence of the how ancient all their slowly usages. It is common clearly proved ind in perpeland. and the Boc-land or Register Land of the Anglo-Saxons. and in Ceiles. it is not likely that. the special characteristic of the Flalh or lord. Land so held corresponded in some respects to the Ti/r C>/frif of the Welsh. Each chief had his own individual estate. The and kept other Flaths of a territory lived up' n their own estates. but ownership of some its transmissible to heirs. but which afterwards became hereditary in certain families. '1 he or land of a tlie whole soil was not thus owned. as it was in reality alienated to offices which were at first elective. may be Saxons or Normans penetrated among them. Big part part by was the property of the Tuath. as much of the land in tlicir own hand as was neccs- . been by having 1- a recent usurpation . CXXXIX period the right to Aiiodiai:«nd At tlie commencement of the Norman have armorial bearings. In Ireland the ownership of land constituted.INIRODUCTIOy. engaged as they were in a perpetual struggle against English encroachments. The chief had the dominion of this common land. properly speaking. But tue now. political or of whom was one in and Flaihs. as it doesTieimh land. and all land similarly set apart as appanages of the officers of the state. was connected with ihe possession of land. This portion. the succession being regulated by the custom of Tanistry. and of voting in assemblies in Wales. was not. Tuath. they would have usurped rights over the lands of their retainers. and was thus to a certain extent alienated . which would be entirely foreign to the assumed spirit of the Welsh laws. or let it from year to year to Fuidirs. And that this possession was r. objected that this ownership was the Welsh adhered to with which the considerint>but. but had no right of possession save only of that part whicli was set apart as the mensal land of his ofiice. common land.ot that of the mere usufruct for the time of a portion of the tuity. the chief held the remainder in his own hands. chief. which did not necessarily merge their mensal land part by Daer in the ro}'al mensal lands.

The base CUles also performed military service. in contramansi serviles".^^^ Thus a three year old ox and its food for one year were paid by a of free men. Files. or " mansus dominicus". less in the position of serfs their lords.Tigi. App. when journeying on the business of the state. *'^ Bd Aire Febsa. or "cosher- manner the purveyors of they were in an Their chief rent ing". " distinguished from the tenemental" lands. etc.. 190. that is what was managed from the mansus indominicatus". Saxons in England^ See Vol. Cai. Folacli. p. them vice and annual tributes of food. such as Fecht-Fele. Forgab. or victuals given at two periods of the year . Faesam. 48 et seq. as we have seen. especial Consisted of Biatad.. paid by the free CSiles of several grades of officials. and to ransom themselves or any of their family who might be taken as hostages: in fact. 320. is given in the law tract called the Crith Gablach. II. 405. as contra. they disposed of the rest among their Duties of Fiaths: free and base clients. also his sala or curds. the former giving etc. £^s Tigi. Aires. . The Anglo-Saxons called it " inland" in Norman times it was the " manerium" or " manor" or demesne lands. entertainment given when on the visitation of the and many other charges exclusively levied upon They were also liable. they were more or Bia'ad.cxl IMTRODUCTION. Bothachs. sary for the dignity of their rank and their legal responsibillities. but. " Utiles" or " ingenuiles". to judges. . CSiles. i. base adherents. " distinction to the " Altdeutsche Huje. or house tribute. and the more modern Frohnhot" of the Germans. that territory. ii. contribute for the entertainment of kings. names according to the character and objects of the guests. according as " they belonged to serfs or free peasants. except in not being ascribed to the glebe. one of the middle class who corresponded to the Anglo-Saxon Sith- This portion corresponded to tlie "hoba dominicalis" of the Continent " terra in medieval times. Deutsche Vtrfassungsgeschichte. who had no pro- As in perty in the soil and no political rights. performing the same duties as the Roman client did to his patron. The Bes. See Waitz. This entertainment had different or making a judicial eyre. as well as the Saer or free is. and Daer Fuidirs. »'' See Kemble. the salica". etc. the case of the chieftain. them."'^ This portion they worked by means of Sen-Cleithes. and helping them allegiance and serto bear the burthens and pay the mulcts and fines of the tribe. p. or contributions at certain festivals.

twelve pig-stye. cxli qiialilication consisted and whose property in land for forty. though it did not contain as large an area. The Russians make a kind of white. etc. dues to the king and gerefa. three bags of malt. and a half bag of wheat. apud n(.^^" 218 as much beer. ciindnifn or Thegns. vessels. who These were hereditary workers paid their Bes Tigi in the produc- tions of their respective professions. appears to have received from hog in bacon. then twice as much Bragaut. working The Bes-Tigi did not always consist of cattle only: thus i\\QiiitTigi. a share in a mill. 7. requisites for ploughing. paid a Gives- meal. 375-t. with a house of twenty -seven feet. and pay. 260-2. 4. This wheat. seven double dozen bundles of nine palms deep full oats for fodder. in metal. and a back liouse or kitchen of fifteen feet.. cows. etc. bridges and fortitications. p. c. a calfsisting of a kiln. quod illic bracem (a/. Ecandalam. aid to the royal hunting. iron work. bracum. watch and w ard.^^^ or four times it. Oc-Aire who paid a Bes-Tigi of a heifer in her third year at Shrove-tide and her food for a year. The settled burthens on the usufruct of Folc-land appear to have re^iresented the charges on the Irish Saer Ce'iles. convoy of messengers. or unhopped beer from wheat. working steed. wood. In the twenty-eighth year Hid. p. 2. The Russian ^B/a^a was probably generally made with speltxviii. .. 9f)-l p. a pot of butter three palms deep and broad. the half a and house. Some tenants paid in furnihis a.s sandalam {cil. or Bragget. flesh with an inch a slaughtered cow or pig high. Hist. Irish In South Wales (Gwent) the Tref. a ture. was formerly cultivated in IreA particular kind of Wallon beer was also made from the spelt wheat. land... a three-year-old swine^ a flitch of bacon three If fingers thick. a sheep-house. 483.two cows. whence the English Braket. a slaughtered Tva consisting of a horse-load of the finest cow or ox. etc. Irish Brath or Brack. Among the former may be mentioned: military service. Pliny. harbouring of the king and his messengers and huntsmen. wheat. which represented theweish Baile-Biatach. should be given in lieu of of the reign of Edward "' This has been described as a kind of ale sweetened with honey.]}. Cf.um. 2^" Ancient Laws and Institutes of Wales. : . repair of roads. a vessel nine palms wide and of mead. ^'* a and a horse. own Cedes belly-piece of fat pork.) nitidissimi grani". there is reason to believe. Nat. which is called Braga. and out-offices con- a barn. the Spelt-Wheat " Galliae quoque suum genus farris dedere.INTRODUCTION. malt and also the Gaulish Brace. not the mead could be given. 3. brance) vocaut. 7.

This of was called a Punt T ung or Tiong pound. 296. and did not usurp any This proves riffhts ovcT the freeholders. vol. an 1 twenty cheeses. and were transferred to the church as double-commons for founder's day. two oxen fresh or salted. for the purpose of determining the legal claims of the Black Prince. The of twelve free men empannelled from each Coramot. which formed See Crith Gablach. This sweetened Welsh ale was probably Bragaut. and the Bairgin Banfuine. in The kind to be delivered at the royal vills or cyninges-feorm. The payments of this kind reserved upon twenty hides of land at Titchbourn. 481. an oath that is the sworn pound. which had been granted between 901 and 909 by Eadweard to Penewulf of Winchester for three lives. ments regis. were ascertained upon oath of each. Kemble. and consequently that the Gafol was equivalent to Gives Tva or B^a Tigi. four flitches. already sevewere taken under the Earl of Arundel. or full sized cake sufiicient fur one man's meal. but if the day of payment should fall in Lent. rents.g^][ wKen times referred to. and as the Irish Bes-Tigi was the exact ^}^g Wclsli tcuurc tenures. Those freeholders who wished to commute the Gwes-Tva due into "Tunc" from them into a money payment..Cxlli INTRODUCTION. In this transaction the Black Prince merely claimed the same dues that had hitherto been paid to the Welsh prince of Gwynedd. and services described ^"^^ _ . shows clearly the nature of fieehoid. The Saxons in England. four swine. the j. . or cake for one woman's meal. sum and money still continues to be paid as a crown rent under the name of" tunc rent" in the north of Wales. the tenures. I have already suggested that the British freemen who paid Wylisc Gafolgilda corresponded to free Chiles. App. p. because the value in money of the cominuted Gwes-Toa was determined *" Twng probably by sworn testimony. ii. represents the Irish toing. The commutation of the Gwes-Tva ° that ilie Saer die into a perpetual rent to the crown. p. op. township being ^^' by their Welsh names.-aire. two hundred large and one hundred s nail loaves. part of the Biatad oi the Oc. six wethers. or firmeancient royal Gafol was apparently the equivalent of Be's-Tigi. justiciary of North Wales. cccliii. . i. twelve of sweetened Welsh ale. The large and smill loaves remind us of the Bairgin Indriuc or Fer/iiine. cit. were allowed to do so. 2^' Palgrave. amounted to twelve sexters of beer. and then examined by a jury the Tliird. twenty ambers of bright ale. whether free or base. t'ion'of^*^ Gwes-Tva "Extentie Commotorum". " Extentae" are the of these or each Tref juries: inquisitions in entered them under a distinct and the head. an equivalent offish might be paid instead of flesh. rents. and services of all tenants.

and the same rule applies to the other l^laths. and adopted Irish customs and laws.^^* as were the number of the'r retinue. readopted English customs. this inherited land called tioned. three five two-year-old heifers just bulled.^-^ and indicating that the origin of on their estate. cept. 3 18. .C. one of the higher grades of him two cows. when they did not share the general fate of the Irish the ricrhts of lords. cessors. the number entitled to free j maintenance on a judicial eyre. . as I have before menwas the same among the Irish. and paid thus acknowledging that he possessed the doTigi. and their food three-year old oxen. there can be no doubt that the tenures by which the Bo. But their sucFlaths. cxiiii equivalent of the Welsh Gives-Tva. and for a year. gave a three -year old ox. Iiolds recoff" were universally acknowledged in Wales.. it would be ditFicultnisedin WdWs but to find a dozen instances in which this occurred throughout not in ueland in Ireland . this case the rent paid has increased in exactly the same proportion as the number of Ceiles. by the Welsh. and Anglo-Saxons. and gradually confiscated all this class of freeholders. minion of the territory . Irish cases where Norman lords became those of course. and three The their feeding for a year.Aires and other Saer Ce/leshald their would have been treated as freeBut while such freeholds such freeholds by the Norman Law.iNrRODC'CTiON. Relation of Flat/is to to the soil.D. n. The amount by that paid Amount of of rent paid by J the base Ceilesms. and I shall therefore have to refer to this subject hereafter. which entitled them to have Bothachs and Fuidirs Rig- him Bes- also received Taurcrecli from the chief. The who possessed Dei'< or an ancient right . This payment of Bes-Tigi by the landowners is of considerable importance in connection with the oricrin of feudal tenures. "' *'* MS T. . JOG the Flaths. iiy. Welsh. TiV Gioelyawp. is etc. tlie */ is Fuod. from which it would appear that the rents of In the Ceiles of Flaths or lords of the different classes were fixed by law. land I exthe whole period of the English occupation of Ireland. . that fo ^d whioli given to the man who gives wages .Y he iudged rent 01 r ^a»e aues five the the lowest of Ceiles of' the Aire by Desa. . Flalh^ or lords. ten base Ceiles of the Aire Ard. namely: a cow with and two-year-old heifers bulled. Flaths.

by what tenure those who did not possess allodium. or enjoyed only its temporary usufruct.e...D. 15. those who held all kinds of land in common and 4.C. preliminary questions which demand investigation. though he should desire but the valuation of the other man". The man who gives cows as wages is entitled to two Fobiadas. way. and pointed out the general relations of the occupiers of land towards the landlords. liable to maintain companies. 2. The laws and customs regulating the occupation of land deFour ciasset of society •iii f the rssuit of termine. more fully _. Having shown the existence in Ireland of what may be con- sidered as the ownership of land in severalty. he is not entitled to it" [i. p. as compared with Ireland. it is he who is entitled to receive the seven Fobiadas (food-rents). who held no land. resulting from the action just referred to. to the Fines [that is C^t7e»]. even yet. U. i. but in olden times these influences were still In most European countries we can trace four stronger.S. the distribution of the agricultural population on the land in different parts of Europe. Before I can enter_^upon the discussion of this branch of the inquiry there are. Ceilsine. and the succession to property. itm- the population . or what we may for the present consider its equivalent.than we have yet done. but held the forests. The following passage shows that head cattle: " if rents. a C^ile held land subject to certain him by giving him Rath or wages of M. owners of large estates. the or- ganization of the family.t. to furnish entertainment for kings. and if it contributes anything in this 24. and whose tenures were nearly as various. because he the Flath Forgialna. namely. 3. to a considerable extent the distribution or . 31.S. gave his plains [lands] is not entitled to his own judgment it. on their eyres] or to pay Biatad .Cxliv INTRODUCTION. those 3. distinct types of society. some . namely: 1.e. Each type represented a number of classes of very different origins. those who held portions of land as separate estate. 18. . [i. however. T. and mountain in com- mon . held the land they occupied. INFLUENCE OF LAND-LAWS AND CUSTOMS UPON THE TOPOGRAPHICAL DISTRIBUTION OF THE OCCUPIERS OF LAND. occupying the land to a certain extent apart.e.e. . i. the Fobiad]. we have next to inquire. but this must be upon the lands which are not liable to Dams etc. H. 2. (valuation). I shall confer wages. bog.e. the lord could not rackrent The man who gives land as wages. p. 16 a.

^^^ ^*^ From Gothic bifahan. appropriated an estate to themselves from waste or unoccupied land. Ducange. Kerry. says quippe olim licuit vel in terris aut Faldam gregem alere. or " Nulli the liberty of erecting a Falda. I. severalty. ^^^ That the first mark in ancient times of property in is. but in a legal sense of prescriptive right. purchase. the section on buildings. derived either from the Saxon fald or the Welsh ffald. as the word Falda was generally used in tlie English laws for a sheepfold. "proprisi". S. speaking of Faldsoc. There is an old The English /oW. for some observations on the townland names of Fahan and Glenfahan. This word is of considerable imSee note p.^^^ The possession of proFor instance. Faldagium. tenente plebeis non competens". to enclose. Est igitur libertas Faldae seu Faldagium. 10* . According to SachsenspiegeL11. Cf. " " The Septa"."^ " Curtes" residences erected on those large properties were the " Once an estate was formed Hufe" already mentioned. and thus place himself in the most favourable economical conditions to increase his wealth. See These words occur in Irish topographical nomenclature. for the manner portance in connection with tenures. derable part of the Danish nobility raised themselves from the A condition of peasants in this way. 181 et seq. 213 (Lassbergs INT. it enabled the possesperty created privileges. Dcinische Gcschichfe. acquired by inheritance. etc.^^« in Danish bifiinge*'. nisi domino feodaU. '2' **' Dahlraann.5i. Scottish /aW. Both may be borrowed. enclosures. in the Co. sen manerii hoc erigere. The Irish Fal is used not only in the sense of a fence. The names by which the latter classes were knjown are expressive of their origin. is evidently the same word. or by their own act sustained by force. T^reiQDucange says it is rogativa dominicalis. as in sheepfold."" or in any of those ways. — and the right of erecting it. Irish fathan or fahan. shelter.^^^5 estates. See Maurer. or had acquired sword-land from ancestors who had made it The . ones". The enclosing fence was called by the Middle Latin name Falda. inheritors of allodial land large estates were held by of it. "aprisi" Ornum". of legally establishing a *2' Fal in Ireland. enclosure. it could be increased by consolidation consiwith others. 139.INTRODUCTION. and the word Faldfey or Fald-fee for the rent paid to a lord by certain cuftumary tenants for liberty to fold their sheep upon their own land.aadSchwabenspiegel. clxxvii. GescMchte der Markenverfassung. sor to herd his cattle apart. propriis ex jure publico gaudentl. by gift on account of services. sider each type in succession in the order I «x1t have just given them. or who had either with the express or tacit consent of the people.

or edition). . II. 413. or stede. i. the forest and waste that formed the wild. some- — The community of forest and waste could between the isolated proprietors. that is every one who fire. The Saxons in England. new settlements took place in them. 174. The large proprietor liad his castle. or lastly tun. Grimm.'" various classes of tenants and adherents. Each member of the community held a portion of land as an estate in severalty.^*^ was entitled to share in the no one could have a herd of his own in Germany except he pos- sessed at least three mnnses. *3" t. of villages each independent householder. or llame". Geschichte der Markenverfassung. are generally found forming a regular circuit about some place ending in ham. which indicate clearances of woods or times in villages. the name mark or march. 30.). When those common lands were In the marks extensive. 42 et seq. gives a list of 118 such marks or marches in the dis- trict of Osnabriick. seat or homestead. or in the neighbour^^^^^ of wliich. 291. I. or individual settlement. This class of occupiers sometimes lived apart. a family which has been expanded in the modern German Stadt. Weisthumer gesammelt von J. et seq. the common grazing lands of the older villages being the mark or boundary land. Deutsche Verfassungsgeschichte. ^^' *^^ Kemble. fait. Maurer. untilled boundary land between the various settlements being held in common hence. as between the villages. wood. Lodtmann {Act. but had " smoke. indicating a home.. occupied^by the proprietors whose estates lay around the village. about.^'^" We have an illustration of this mode of settlement in Anglo-Saxon topographical nomenclature: names of places ending in den. 79.ou^ modern word town. The second type is represented by the German " Markgenossenschaft". where a number of landholders settled. holt. as in the word Farmstead — a meaning also preserved in the Irish Stadeir. hurst. equally exist original mark-land. III.Cxlvi homesteads with INTRODUCTION. living on their respective holdings. grcw up a village or town. 15 Waitz. 491. which originally implied a group of buildings of a superior class. I. Osnahr.-^' In Sweden the same thing occurs. in which dwelt his wmmou. In Westphalia the former was more frequently the case than the latter.

. Nr. etc. Mansus. assume that the general idea of such a settlement was the land that occupied a plough and supported a family. holdings Inequality. called "Mark vogt-maixiies in common " en". Hufe. country and the number of settlers."'^ into six parts in 797 f"'' into sixteen parts in 1141. i. as they must have varied with the character of the We may. cit. and indeed We peoples. We cannot from these numbers determine what was the size of the original allotments. ^^'^ we find sixteen hearths to six manses. 6. 595. Mansus and Bol to the residence. xxxvj. Maurer. a Hyde. mark.. The Hufe is said to have been thirty Prussian acres. Cod. elected or immesteads hereditary officers. Sax. Traditt. Gersdorf. iii. containing a census of the manses. This accounts for the freoccurrence in documents of the term " hoba quent integra". Urkundenhuch zur GescMchte des Niederrheins. According to Kemble. GescMchte der Frohtihofe. Zeuss.INTRODUCTION. Cxlvii Such marks had communal organization. and special tribunals called Milrkergerichten". con of Irminon. i.^^^ it was . Some of those mark villages represent the original settlers who had obtained each a lot of the folc-land. serfs. Wizenberg. 10* B . failure of heirs. i. or Bol. i. '" Guerard. however.-?* In the Polypti- owing to greater thrift. Germain des Pres in the reign of Charlemagne. Hyde and Hufe refer more to the land. must among most European necessarily have arisen almost immediately after its formation. and other causes. — thirty-three acres among the Anglo-Saxons. and even twelve hearths to one manse. also know that the farther back we go among the Germans.. and revenues of the abbev of St. sus having been divided into three parts in the year 808 . 97. 26. who had charge of them. 19. Polyptique de Vabb^ Irminon. corresponding to the "3 ^^* modem German " Vollerben" and the 235 ^^^ **^ Op. "8 Guden. even when not a characteristic of the original settlement. Lacomblet. the more landowners will be in or district.-^* The earliest records of the a found village of Saxony show an inequality in the extent of the kingdom ^^^ of the peasants in the same village. DipL. ii. 114. Dipl. SubThus cases are mentioned of a Mandivision also took place. Cod.

Each of these divisions was then divided into (English Oxgangs. and other circumstances influencing the value of land. The lots once place by drawn remained in general in possession of the same persons until a new distribution took to old place. der ackertheil bestimmt dea wiestheil. was held in common by all the people of a village who had a house. Grimm. and the border strips.— J.. the selection of the crop to be grown. »*" "Der tompt '" Macculloch. as liability to flooding. 539 et seq. property. partnership third type of society. until very lately even in some parts of Argyle. etc. such as Roxburgh. Danish Deele) as there were so that each housepossessors of houses in the community holder obtained an equal quantity of each quality of land. Statistik von Norwegen. Rechtsalterthumer. where this system.. grazing. all were According Norse rights such a redistribution might be made at any time that it was thought of necessary to restore the original equality In some parts of Norway this right continued in force down to the year 1 821. cutting of wood. . Smallholra. nach ihm wird der acker abgetheilfc..^^" The tillage and meadow land were first divided into as many divisions as there were qualities of land. 295 et seq. Stalls. . position. the counties. 523 etseq.Cxlviii INTRODUCTION. The necessarily managed by common arrangement. the possession of which was the source of all other rights. This early subdivision is no doubt to be attributed to the operation of the law of descent of property by gavelkind. the whole of the land. p. existed down to the eighteenth century. i. All undivided land remained common The many strips . distribution of the strips took lot. of the common mill and baking oven.. harvesting.'" In the Highlands of Scotland. when the custom had to be put an end to by a threat to double the land tax on all land held in this way. inclination of the ground. Westpliallan Howeliuge. sowino-. both and waste. use of water.**^ ist ties ackers mutter. Among the arable classified according to quality of soil. maintenance of fences and roads. der waldtheil den rohrtheil der rohrtheil scheidet das wasser nach den netzen". der wiestheil den waldtheil. there was a redistribution and annually. ploughing of the land. under the name of runrig or partnership tenure. *<' Blom. 143. Survey of Roxhurgh.

says that no one could truly say that he possessed propcrty. ii.^''^ common with an annual redistribution ded to all This community appears to have extenkinds of landed property among the Slavonic nations. grazing. i. is Each community a family according to Russian ideas . sibi quidquam proprii. ** '*' Haxthausen. Siudien. Slaven d»r Turkei. p. Down to the time of Peter the Great. cit."' The esse tenure en hor- "Nemo vera dicere possit. seu de rebus Mtiscovicis. 34. strictly' speaking. 291. the sowing. Slavische Alterthiimer. i. and other southern Slavonic countries the preparation of the land. serfs. 153. etc. '>i el eeq. — Possevini' Moscovia. pvxrchased their but continued to cultivate in of the fallow land. op. et seq. The best exthe Cossacks of the Ural.\. many private communities do so every year. 537. «« *^' 2*7 Ibid. 124 et seq. this system of culti- vation is fully developed.^^* ample of cultivation in common on a large scale is afforded by In Servia. and the crops are divided under the superintendence of the **3 elders. CxllX The system in Russia is almost pure communism. i. look upon the Slavonian villages Palacky^*** and Schafarik^^^ as having arisen out of extended Manses or Bols. allodial estates the idea of real was not fully developed who was ambassador of Pope Gregory the Thirteenth ownership in the modern sense The learned Jesuit Antoine Possevin.^" fifteen years. the property of the state and even in the so-called . 2<* V. Robert. Croatia.^^^ On private estates as well as on the crown domains. his share goes back to the community. so that there is no family inheritance of real property. and fishing remain The crown peasants redistribute every ten to in common. etc.. Geschichte von Bohmen. the emancipation. 169. the feudal estates were. when a possessor dies. in Russia in the latter part of the sixteenth century.INTRODUCTION. iii. hence.. Wood. "V.. that peasants who had before It has occurred land from their lord who had become insolvent. Haxthausen.. or at all events emancipation of the is had been before the Each male member of the com- entitled to an equal share of arable land. divided munity into stripes and put up to lottery . . C. cultivation in common. are made in common.

and even one hundred occurs individuals. may be deposed by to the land of the family.'"'^* country about Treves on the Moselle. V. 105 et seq.020. i. 169. the personal property acquired by each member in On the Austrian Mihtary trade or industry is not included. Csaplovics. many respects the state paratively modern times^resembled in common and cultivated The land was of things in Servia. Frontier families numbering from twenty to fifty. ordained that estates should not be divided. In the County of Clare and other remote parts of Ire- land a somewhat similar system existed here and there the beginning of the present century. the eldest etc. *^' *** Ewers. 187. One hill In the of the best existing examples of the ancient agriculture is to be found in the associations in community tlie of neigflibour- hood of Siegen. Cuiiivation in common. keeps the cash. . et seq. i. Rtiss. existed down to In Bohemia traces of real estate being held down to the seventeenth century. seq. 17 et Karamsin. who reigned about 1. Geschichte. and This community only extends the family. there was an annual redistribution of the lots. Geschichte der StaatswirthschaJtUche Gesetzgehung Preusticns. Aeltestes Recht der Russen.'^' It The same system Russians. 49. cit. the runrig or rundale system is said to be only now fully dying out.^^^ was also the law^ of the old among the Servians. pays the taxes. the produce was equally divided between the families formThe term hordelage is probably derived ing the community. tion of wood in Westphalia. which carry on the preparacharcoal and tanners' bark from the coppice wood ^''^ '^' 2*'- Palacky. op. The laws of Jaroslaw. . Krug. The Starossina directs all the works and transactions of the house. ii. Slavonien und Croatien. and should descend by the yoimger son. live in common. i. dekifie wliich existed in •- to com- ."* In Lowicz there existed no individual property in land at the beginning of the nineteenth century. from the name of the cottage or bord in which the peasantry lived.cl INTRODUCTION France in the Nivernois down .^^" in common the Among southern Slaves community of real estate exists even still.. as the word implies. m . he need not necessarily be member .

or lands which belong personally to himself. quos secundum dignationem partiuniur: facilitatem partiendi camperum spatia proestant. there are villages where the heads of families. they oblige of Tacitus. or co-partner Land system system. Falck's Schleswig-Holstein. Haxthausen. Hans- sen. . 1863. sed magistratus ac — principes in annos singulos gentibus cognationibusque hominum qui una coierunt.**^" appears of the Germania twenty-sixth chapter to me to be in harmony with the organization of society and the occupation of the land which I have just sketched. "Wiarda. Olussen in Falck's Neue Staatsbii rgerliche Magazin. i. iv. 2*^ " Sed privati ac separati agri apud eos nihil est. neque longius anno remanere uno in loco incolendi causa licet" De Bell. 48). iv. and in Thuringia (Lan< 12). iii. Thus in the Altmark.INTRODUCTION cU which covers the decHvities of the hills. under the presidency of their Schiihen. " Neque quisquara agri niodum certum aut fines habet proprios. Asegabttc/i. Haubergsgenossenschaften des Siegerlandes. tilled on the following morning (V. 60. 257 2-^8 iii. and the cidtivation of the land. where he says: no one among them has bounded fields. 77 et seq. runrig. ab universis per vices occupantur. 351).. and the following year ^^' to The obscure passage inthe them go elsewhere. but every year the magistrates and the chiefs assign the lands in such quantity and in such place as they judge suitable to each common society. The same thing takes place here and there on the Jutic Moor (Hanssen in the Archiv. ^" irrigation still to be found in other parts of Germany.. while the ancient laws of Friesland"' and land. i. determine every 256 2^* liche Verfassung.^^® show that those nations mon are -^'^ which contributed tain. These associations have in turn led to others for the Relics of cultivation in comof the valley lands. and family living in the Achenbach. FriesDen mark. c. vi. Archio.. c. Land237). rather than the Slavic communism which appears to becaasar and contemplated in Cffisar's reference to the Suevi and to the Germans in general. and of Scandinavia and Denmark.. or magistrates. — mox "Agri pro numero cultorum. so largely to the population of Great Bri- knew both community as well as family possession of land. Dunische GescJiichte. in the Danish island of Sylt (Hanssen. ditto. " It was the German Feldgemeinschaft". der Polit. Gall. i. vi. atque anno post aUo transire cogunt" ibid. 82). iv. geihal. (Ekon. ei quo loco visum est. ii. 260 . Geschichte der deutschen Landwirtkschaft. Arva per annos mutant et superest ager". quantum. in evening the part to be i. 22. inter se . Lolland (Dahlniann. agri attribuunt.

but it offers a few which help to throw considerable light upon some obscure points in the development of the European as that _ same interesting peculiarities land system. Such a distinction existed in Wales also.Sal. a homestead or settlement. as I have support. . One of the king's Trefs was called the Maer Tref. that nearly one-half was occupied to the Irish Saer lands of lords. have before mentioned. in North Wales. with the distribution of the conquered tribes Tuatha revolution. eight were Terra Dominica or demesne Trefs^^^ or . a pavilion. L. as to suggest that they as I Each formed part of a military system capable of giving mutual This disposition may have been connected..^*^^ The distribution of the inhabitants in ancient Ireland was essentially the •' Ireland : above described..elii INTRODUCTION. a tent. sixteen by Teogs and Aillts.27. Dothachs. 24.'^^' "campus alienus". 203 There is an Anglo-Saxon Tree/. At any rate we have evidence in the Salic Law of the existence of private property in the occurDisnibution of population in which there rence of "pratum alicnum". forming a succession of marks. have reason to believe that the free Cedes and We '=o™P. translated — by Thorpe the " temples". which. being that "' 10. twenty-four were occupied by freeholders. appears to have been so placed in connection with other Lesses and Duns.. of the better or older land as now. and the remaining two belonged to the king. The Irish Trebfi preserves the original meaning of Welsh Tref. is every reason to believe prevailed during every period of German history. Thus. 25. and perhaps indicates its original application a portion of land upon which was built a good class of house. erected their wicker houses and formed a The Cciles appear to have lived on isolated farms village. 27-8. °' /v"r"' Flatli had his Les. which is probably related to this word. or if a Rig or king. and other base depen- dents of the lord. . of the fifty townships comprising a Commot.l''so=^ with Wales the base Ceiles were located on different parts of the estate. Close Duns. In Eeowulf there is the combination Aear^-ira/wm. Ceiles. So by freeholders corresponding and nearly one-third by Teogs and Aillts corresponding to the Irish Daer Ceiles and free Fuidirs. 202 Ibid. or half Cantref. the Sencleithes.. his Dun. corresponding to the Old French Tref. after the suppression of the Aithech to these before suggested.

that the number of Ceiles must have been very '** The Maer Tre/ appears to have had its representative in Ireland in the Baile Maoir or Stewards' Town or place. p.. and Ceathramhadh Maoir or Maer " quarter. but quarters of Cape//-lands or horse-lands.Z>. App. " in order". or varied both ways. however. The could interest of the class that this chiefly land. 494. and so on. the Crith . which were not apparently full quarters oi Baile Biatachs. however. means of determining accurately the number of the two ing by customary tenure. In some cases. or in all one hundred and fifty-two. There can be no doubt. "that his wealth may be the greater" but the law. The number of CSiles which each grade was required to have in order to be duly qualified. and the other was for the summer pasture of his The term Faeran Fuidri. limited his power We have no nnmbcr of to convert the whole of his land into Fuidir-XoxidL. that is in different places and at different times. — lord as was to have as much Fiiidir-\^ndi as possible. the richer class of free Fuidirs appear to have had the use for it was of good land. »«i7. .^^® Gablach says. and holding him responsible to his tribe and to the king for all the legal liabilities of the strangers he may bring upon his lands. for according to a passage in another MS. 4. . or hold- According to the Crith Gablach. which were about the same extent '^* as a true "quarter".. for which they paid a heavy rent. should have seventy-two freehold Ceiles and eighty base Ceiles.INTRODUCTION in wlilcli his cllii Maer or steward resided. was different in different places. a. classes etc. 22. or three plougldands. or Fuidirs' land. of the unculti" vated border lands or mark" of the estates. the Aire A7'd\\2idi sixteen instead of twenty. and generally the poorer and more inaccessible parts. fi4. r. ii.^^*^ t\iQ Aire 2)esa had twelve Ceiles instead of ten as in the Crith Gablach. by making his rank and privileges depend upon the number of his Ceiles. and from that occupied by Ceiles on the other. below the Rig or chief. It consisted. the six grades of Flaths in a Tuath. vol. no doubt. of CSiles or tenants in a Tuath having either freeholds..^^* cattle. The latter word is still preserved in the quarter meares" of the county of Tipperary. as in the latter. be rack-rented. shows that the ^«»'i»> land occupied by that class was set apart from the personal domain of the lord on the one hand.C.

horse. In the mountainous parts of Wicklow the cow or J/ari-land contained thirty great acres. like the property in the extcTif. those parts scription. as they must have formed the principal part of the battalion of seven hundred men which each Tuaili in bound to bring into the field. of oiOeites. carved out of this public land. have mensal land of the Aire Fchtai or high constable of a Crioch or territory. the Ca^e/Mand contained about four hundred English acres. the usufruct of part of which belonged of right to every free man in the territory. under certain laws and customs administered In process of time estates were by the Mig and his council. as appanages of offices. however. whose qualifiExcept cations in land are given in the Crith Gablach. O'Dempseys.Tigi was a cow. the J/ar^-land would contain six hundred English acres. the amount for instance paid by the Bruighfer. Judging by the analogy of the Welsh Commot. which paid a rent of a been present Queen's and King's counties. namely Public land If of the same extent as in Tipperary. In Kilkenny a Capell-Xondi was only about one-third of a ploughland. did not form part of the military array. or in " cow-lands". may represent some of those English form of freeholds for which the Bes.cliv INTRODUCTION considerable. were public land. soil. one of the higher ranks of BoIn like manner the Cope/Mands may have been freeAires. about twenty English acres. graiuaiiy into alio- which did not form the estates of Flaths. inasmuch as Welsh Aillts. and parts of the also the holds. They may. B6. in other words. we may safely conclude that more than half the occupiers of the land held by some kind of tenure which gave them a fixed ancient times was Fuidirs. The denomination of in the case of the dilFerent Lnd its used in several counties of Ireland of J/ar^land. and estimated in " cows' grass". as rewards for public services. anciently forming the territories of the O'Carrolls. and O'Doynes or Dunne. Thosc parts of the lands of a Tuath which were not ancient allodium. the precise value of which I do not know. In Tipperary. or by lapsing into prescription. or which had not become so by lapsing into preor from other causes. The holders . we have no means of determining the general extent of the holdings of the free Ceiles.Aires.

that is in very early times. etc. The king with the consent of his council however. The part of the common land set apart for the common grazing ^en^^o^^'j was the Fearan Bo citizens le Fine or land of the tribe cows. without for courts or legions. which were scattered over a certain middle sized farms in certain dispart of the country like the tricts The undivided public land con. Every free man had of a portion of this land. the plain of Boyle in Rosone of the earliest authorities we have such grants of allodium out of the public domain '* the extent of is the offer of Medh to the champion Ferdiad of his own territory of the level plain o? Ai free of tribute.INTRODUCTION. clv oF such estates were the Aires. now common. stituted the common land properly so called. and as such were in an especial manner the Ci^iles of the Rig. of Ireland at present. might. only the extent of the Faitche or lawn tliis^^^'/^'". the Fearan Fine or tribe land."fe^estates in mained in the possession of the family of the grantees and e^^ta^es B6of a the land. was confirmed by the fact that the Maigin Digona.' of seven cows throughout the year on it. The holders of the limited estates carved out of the public land. was public If so. The resided on their holdings. Thus wealthy family lapsed into perpetuity Aire might pass in process of time into the grade of Fiath.Tribe land. without peril to his purchase. or field of sanctuary. That of Aires. but was according to his share. It is probable that iMagh Aie. Thus the Oc-Aire was entitled to feed a right to the usufruct rights eemen on bound to pay a certain tribute '*' J. The amount of land of the occupant. grant a portion of it as allodium at once. and without son and to his grandson and to their descendants. was coextensive with the lawn. constituting a Selb depended upon tlie rank The original measure of the land occupied in severalty in tliis way appears to have been at first. AlH^""' by own were birth or adoption who possessed no land of their entitled to establish a Selb corresponding to the Danish Toft upon the common land. land. Naturally the right of protection of a man could extend on the common so is property only as far as his individual domain. and left one of them as All Aires had similar rights according to their rank. to the end of time and life". tribute. The limit of . lands granted for life in the first instance generally re.

" Ri Ruirechs: it is these who have kings. and their and the Maigin Set of every grade was determined in that Dal (meeting). from the iron to the place where its Fochair. but the Eclais Glain owe double both of Pennait and of Eiric.e. and Filidh. digon-si). In a note to the Crith Gablach (vol. and the manner in which was employed to measure the extent of sanctuary.e. Brit. " The Cnairsech. its haft the distance which the its horn is fastened upon it. Egerton.^®'' The following passage describes the Cnairsech. Rig Tuatha. the difference of Enecland which exists between the bishop and the grades Erind. Perhaps the tustom of throwing the sledge in Scotland may have been connected with this . i. pilgrim). and double that for each grade from that up to the Big Tuatha. a word which is glossed in the law MS. however. The measure of Church under him. c??^?i-itas. and that was written by the men of Eriu in the Cas Mdr 7ia Sean. sanctuary should. even though it should be in the middle of a field that he is. and twice this for the Aire Desa. was used for similar purposes. and was determined by throwing an instrument called the Cnairsech.e. 88. i. but the description given above shows that it was probably a sledge. Lat. Irish diguin^ gen. the Maigin it is Digona is measured according to it. The person who threw it was called the such as the trespass of cattle. was selected from among the strongest of the retainers of the lord. their bishops. which was probably ^*^ it a sledge hammer. Appendix. and it is where they are cast from [namely]. that is. the place where it was always usual for them : — . audit is on the Faitkche these casts are reckoned for every Maigin Digona . I have described the Cnairsech as a kind of crooked staff shod with iron. A flesc. a full man. the Ri Cuicidh and the Maigin Digona extends as far on either side as [that] of the Comarh of Patrick. Flescach. and their Suiths. or of a Deoraidh De(a.e. 53 bb.e. and their Seanoirs. and 54 aa. 18. be made by the Aire himself. MS. a wand or pointless spear. ifaigin sanctuarj was in proportion to the dignity or Diguin of each rank (cf.clvi INTRODUCTIOK. i. note 537). although not having double Maigin'\ " Or thus:— one thousand paces is the Maigin of a saint or bishop. — their R . the measure of his Diguin. twelve fists is its length. namely. and so it is also with the \_Gradh'\ Ecailsi [church grades] and Ecna. four throws and three score {or a. both of the grades of the Church and of the Tuath (i. of the in the same proportion must be the [difference] of Mus. and that is their Maigin Digona. ii. B6 Aire could cast this from him while sitting at the door of his house. of the laity). 3. their Maigin''. was the extent of the Bo Aire's Maigin Digona around [or for] his Seds.e. to sit". and here i. held on Sliabh Fualt Colt or Cuih~\ in Magh Bregh. p. that is the person who threw the flesc in case of trespass. H. i. because the Diguin of the grades of the Church is greater when they become entitled to have a Cain of seven Cumals claimed for them i. and their Filidhs. or of an Aibilteoir. a Bo Aire. as the son of a slave of a Flatli. 488. Ollamhs. " There was an assembly of the states of the men [i. of Eriu.e. and two thousand paces for every Cathair Ataig (bishop's seat).e. and their Flaths.

is the true cause of the harbouring of criminals by the peasantry of Ireland. dahinnen sind sie in ouch sicher von menighchen beleiten und mit fiiro". Liechtenstein. dan een man. Cumal of three cows. Ireland has made the Irish peasant cling with more tenacity to traditions of The Aire. und war er wtrfen mag. According to the Rectitudines Sinif it ffulariim Ancie7it Fersonarum. clvii I have not been able to determine what amount of land a extent or freeman below the rank of an Aire was entitled to the usufruct usufruct of . i. in the then state of agriculture. Stat. 61. the ancient laws of his own country than coiaet\Qr% the peasants of any other part of Europe. (a. exclusive of the grass of the seventh cow left as tribute. his sanctuary extending on such occasions as far as he could throw a farrier's hammer. The Oc-Aire being entitled to the grazing of two cumals ^«>««- or six cows. The extent was also marked in many places in Germany by throwing a javelin. oder mit seiner linken hand mit einem beschlaghammer wirft. 1400)Tscudi. " Welcher burger also verr fresneti. wohin er will. The following passage shows that a citizen could give protection to another citizen who had committed a homicide during a period of six weeks and three days within the town. 55. sollte da vor herren. und nach dem zil und tagen sond in die burger uf die rinkmur derselben statt. Chron. rally described as poor free mentioned in Domesday Book are genemen suffered to settle on the lord's estate. and a similar practice prevails down to the present time in the city of Cork. i. In Wales it was five Erios or which would be. 607*. dass er einen andern burger oder gast liblos tete und machte derselb burger. of ^^' The Kote. quoted in Grimm's Deutsche Rechts-AUerthiimer. In the following example the coulter of a plough is used: " Die ensall mit verder hebben up der weide. be the custom". beleiten. and not a sympathy for The injustice inflicted by the English laws as they were applied in crime. Tlit Saxons in England. Eelv. but they were more probably freemen who had settled on their share of the common land."he ought to have five acres.INTRODUCTION. 185 see . so binnen de hofstad ist. tradition of this right of sanctuary which legally belonged to every and which was looked upon as a sacred duty. . in welchs hus er ze liechtensteig entrinnen aid kommen mochte. S. freemcu nut of. alio Kemble.d. 323. of jurisdiction Luttinger Hofrecht. more Laws and Institutes of England.^*^' A person holding this amount of land Jacob Grimm gives numerous examples of a similar custom in Germany. p. die den kerkenpost (Thiirpfosten) in seinem arm lielt und werpen mag mist einem plugkolter". and could even accompany him. the simple freeman was perhaps entitled to the grazing of one acres. friinden und vor meniglichen sicher sin und ufenthalt haben sechs wuchen und dri tag. . but under the feudal system cases claimed to have the fee.Setlan ox which the in many lord had legally the dominion. custom. about as much as in Ireland. quoted in Grimm's Rechts- Alterthiimer^ S.

and the representation of the commons. and public occasions. . he was obliged to seek the protection of some Flath or form a gild or partnership with others iiot or witness. and was entered into in the presence of three Aires. in a similar position with himself. p. as I shall show in a subsequent section.. pledges being given for the fulfilment of mutual engagements. was fully effected this orisfin kind were. enjoj the . Such a gild or partnership consisted of from four to eight. were in proportion to the rank of the family of the person killed. the of the medieval o^ilds and the solemn formalities above : alluded to in their advan- may have been accompanied by religious ceremonies pagan times.^'^^ The final establishment of the fences by which the enclosure of the common land was comin the tenth year. as we have already seen in the case of the representative Fuidir of the '^' See note. one of whom was generally a functionary called the Aire Cosraing. clxxxi. wounded. did i^^'tyiersiiips full rights of citizenship he could not be bail and unless he had among his own Fine or family an Aire who could legally represent him. and with solemn formalities.clviii INTRODUCTION. and represfentative generally on all legal " Wergild". such a partnership enabled the poorer freemen to maintain their privileges. of the terms Fearan Comniaitches. In a subsequent section I shall endeavour to show the connection between this FxMir custom and frankpledge. appear to have been permitted to appropriate and fence off a portion of the common land From the use aide critJie. Free Fuidirs could also enter into such partnerships for the purpose of obtaining some of the privileges of Ceiles. and consepossessioxi qualified The quently to be eligible to act as pledge. honour price. Fearan corn- certain parts of the pose. As Dire or etc. chief advantage of such a partnership was that the joint one of them to be an Aire. witness. who. A and Fearan Congilta Fine. or otherwise injured in person or property. freemen. Partnerships of pleted. or perhaps more. it would appear that common land were set apart for this purpartnership of this kind was regarded as a solemn act. equivalent to the sum of their individual rights. post. with the consent of the Rig and his council.

It is probable that namely. were done by each co-partner on his own share. 388. Milano. there seems little doubt that these copartnerships had considerable political Traces of such partnerships in Scotland. similar in importance. In Friesland and the polder lands of Holland and and in Fries Belgium. Analogous partnerships existed in Wales under the name of pa'/tne^f. a third the oxen. a bond or knot. as in Ireland. o or niiiiig the reucs of of which I shall have of small estates. not the pasturage or wood land that constituted the bond of Each copartner had his share of the land. - We may assume tivated in xl . 1854. ^^^ ^^' much to say presently. 24 p. proprieta /ondiaria e le popolazione a</ncole in Lombardia. bk. §. §. that wherever in Ireland the land was culto the rundale or runrig Rundaie ' modern times according r ^ system. cxxv. either oi Fuidirs. pledges were given for the fulfilment of the contract. but the labour was .. 199. who cultivated land under the direction of one of the heads of the families. another provided the iron for the implements. and breaches of it were punishable by fines. ^^^ See Ancient Laws and Institutes of Wales. vi. p. Cuig Rath CedacJi. 2. A'lx. Scotland. . p. and was called a Magi. p. as I shall mention hereafter in connection with the origin of In Lombardy also there were formerly many partnerof several ships peasant families. 440. 153. in the case of land hired for grazing by three or four persons. p. to the Irish Fuidir co-tenancies. Weeding and repairing of fences. a small village grew up this also took place on the estates of Flaths where Fuidir co-tenancies exis. The partnership was entered into apparently with certain formalities. xix. the custom arose irom the previous existence 01 copartnerships. ted. Jacini. and so on. § 29.a partnership usually *»! consisted of twelve £Vius. c. or of another kind. § 1-29. La i.-^^ gilds."'^ Where a co-tenancy or Commaitches was established. came down to our own time. similar partnerships also existed in medieval times. or 3fa^ 5/^. obviously because it was the tilled Cyvar}''^ tillage The land of such waies.INTRODUCTION. of free men. . 854. xxiv. crops were not in common. Comorbs where the land is culti- Ante. one ploughed. As in Ireland. xl. that land and is. so that the union.

Tboro^ h°' *^t^o^. c. . MS. for all on the Diraind (waste or mountain land) in the same way [i. the custom had a similar '* and that the German Feldgemeinschaft" arose ori- ginally as in Ireland from the three sources just mentioned. Markvogt" of the Germans. 18. This by forming partnerships. as is shown by the definition given of one in the Lombard laws of Luitprand " domorum con: gretioque mura uon clausa" (Lib.^" oihiTi''"^^^ The relations of co-partners on the public lands with one another.. bogs. cattle go *^* because it is Forgabs that are generally upon them. the Mu (or wood). and with their neighbours. When tillage increased among joint occupiers of either class. 3. and the Roilbe (mountain). it was not necessarily one. Fuidirs. Although the idea of a fortress is usually connected with a Burgh. Bursprak. and other persons without political rights in the state . He was also public hospitaller the public functionaries were entertained at his house when engaged in judicial and other The eyres. freemen holding common land. and others who owed allegiance no lord except the Big. But there would be an important difference between the persons who would gather round such a residence and that of a Flath or lord. The inhabitants of the latter village would be Bothachs. It was in fact J73 feed [i. a place of assembly.clx INTllODUCTION this vated in origin. etc. 932). the bog and mountain remaining undivided and common to all. kinds of possessions in land] that do not contribute]. and the Foach (marshes or wastes ?) of a Tuath. "There are three Selbs [i. administered by an ^^"^^> Called the Bruighfer. Anglo-Saxon Burh.e. 18. O. p. right of citizenship.The Bruglr^* village consequently possessed a political importance not enjoyed by the manorial ones. cows under those kinds of trespasses [i. with equal right]". in which cows are not subject to those various kinds of trespass-fines]. such as cases of trespass. cf. Norse Burskap. ann. the arable and meadow land would be divided into strips as I have before described. a village would grow up. tow^^"''^ Brugh or house of the Bruighfer^ would also be naturally the centre about. who in many of his functions cor- /'er.e. 3. to whom all alike owed it. e.e. could elect a representative Aire. those in the former. H. iii. and thus enjoy full rights of citizenship by deputo class of persons.^'^*"^^' responded to the " . were regulated by special laws called Brughrechta. and generally the use of the public woods. way on the continent. workers in metals. namely. Gothic Baurgs. or in the neighbourhood of which.

and controlled the " Salic village havini: a whole township. but also the free population owing allegiance only to the Rig or king of the Tuath. and where gj^ Tjmdisle his and of Tuatha. The commonalty would consequently berepresenborough. and represented by the elected members of the freemen partncrsliips or gilds. mayor.- annexed to a Fonts Forum". m In a Brugh. the father of Fmer.would be an important personage. was specially connected with the class of persons who As dwelt in such a town or in the surrounding district. The Brugh or court of certain public assemblies were held. he was judge of the district. title ap-differeut ^ ranks of ^'•"»y'/««. The Brugh town corresponclc 1 to 11* . INT.?Ve Fine.fg"/ or successor. a baillie or The " Tunginus' of a Salic village performed many of the functions of a Bruiglifer. Tunginus". however. courts and assemblies by the Aire rme.. A have been six such courts. '^ '' The . the latter mayor. was a Bruighfer of this class. summoned the witnesses. rein not also town Irish an sembled being under the imBrugh A mediate dominion of a lord.INTRODUCTION. Rig g/g'c^'o. local magistrate not belonging to the Fluth There were pears to different ranks of Bruiqhfert. 3Ja>iach. wife of Cuchulaind. The Brugh of such a magistrate together with its neighbouring village might be considered as a royal borough. called the courts. . or borough town. an officer who appears " have corresponded in functions to the Anglo-Saxon Gerefa". or chief J. In such towns the Bruighfe'. and a class. steward. have come from Maer. a title which is still preserved in Bruree. the name of a small town in the county of Limerick. provincial Bruighfer was a •''"'''' place to such rich farmers as acted as local magistrates of a district in the way just menof a Tuath had The residence of the chief Bruiqhfer tioned. it is had his residence and Forus in the probable tliat he also neio-hbourhood. was the Forus where the There appear to election of the provincial king took place. the Bruiglifer perto the £rMisr4- " formed the function of a prepositus" or term appears. u " where the election of the it or have been given in the first I t^e form 01 a Bntgn man of importance and rank. clxi the prototype of" a borough town we have not only the root of the name. the germs of a representative system. the chief Brnighfer of a province. to the Aire Cosraing. took place.

So long as the Bmgh township had only a Bnrgh. and the Bruqh court. which was originally that of the pro. Meaning of The wovdFine or Finead literally means Familv or House. grew up. In Gaid. and withjvirisdiction.o111" f Terned by Flatlis ov lords.clxii INTRODUCTION. of all the inhabitants of . boundaries. and tUeir Maers. 11 villages and towns which grew up on the estates of the loiils c. where circumstances were more favour- able for such development. In Ireland physical its agricultural character. uiiuiitive sentedthe Saxon Bur^h. came in time to be applied also to the elected prepositus of a free Burgh. the business of the court would be confined But as the deTeiopmcnt to cascs arisinof ° out of trespass. to tlie r-ii i7->j Burghmoot". The vost of a lord. grown up the towns of in the way ju?t described. etc. we accordingly find that a considerable number of cities having municipal organization existed These cities I believe to have befoie the conquest of Caesar. the lord and his Cedes.e town repre' " i*iii • others not directly occupied with agriculture settled in it. and judicial eyres of the king's more a quire court would be more regularly held in it. word has already been several times used in the course of the preceding pages. THE FAMILY AND THE CLAN. and in the laws was used principally in three senses : first. and other dependents and third. as they were necessarily more numerous than the free Burghs. of nBritgh 111 a 1 town into a town artizans and and as surrounded was by wall. Fuidlrs. it may be that this name. and the nature of the tenures by which land was held by the several classes of occupiers. Fine. . in the limited sense of the word as applied to all those related by blood within certain degrees of consanguinity second. wcrc govemcd by his Maer or steward. which must be fully explained before cent I A proceed to describe the course of des- of property among the Irish. . effective police. the court would gradually lose out essentially altering its The increased density of the population would reimportant. or at most a very small town. small village whose inhabitants occupied themselves exclusively with atrriculture. namely. would become more and political Burgh circumstances prevented the development of the beyond the stage of a rural village. the Srugh t].

" From in order to the chiefs of the Fine the Gaballs [spreading branche. : the man men is a Guball [branch] v\ ho has grown i. .^ fine. the Gaball to the Derhfine i.. 4 the Dfirbfine. the Indjine. tliat the nation at large. embracing all within the degree of con^an<:uinity entitled to inherit property. tlie sons and daughters of heiresses or daughters of the Gradh Finn or nobility inheriting property in their own right. the family in the strict sense of the word.e. and the Indfine". who were not entitled to a share of the is. These constituted From the Gelfine from branched the fifth off. Beyond the latter degree. which seems to latives to the fifth degree. 5. or lialde to fines. in default of heirs. it is then the natrimony ii". and. the Jarfine. i. This is exphiined as follows: "i.''* Difaith. ment of Dihad.s] are reckoned keep out strangers".^"oi liable for the payfines and amerciaments on account of crimes. of Gcl/inc shoiild have died . etc. the sons having the the Bruindjine. the Gelfine. proportion to the extent of the land.< The whole Fine Dufhaig guinity: — 1. from hriiind. or chihlren.INTRODUCTION. the Jar276 (( 27. the womb. or relatives from the thirteenth to the seventeenth degree. and extended to by blood were corresponded to the Anglo-Saxon the seventeenth degree.e. pay mulcts or Fine.Brancic. included several stages of consan. .e. fifth have been sometimes used for and sometimes for the relatives all re- to the degree exclusive of the direct heirs. unappropriated property of any kind. there the Gelfint . in this sens*^. tent relatives Maegth.e. tlie Dibad is divided between the three Fines . foreriLdit. The commentary on this is as follows ''i. 3. tiie [Z>er6] Fine. or property of deceased porsons. which included relatives to the ninth degree."> Welsh j. *^'"* the Cindjine. they are oiunted backwards".e. Is divided amorji the three Fines is no woman Vi morb in n B . ex- cept those of their own special Fine witliin the reco^niz'-'d The Geljine were the repredegrees of consan^juinity. a l^iKith el ClXlll wIk) miiiht be regarded as the Ce>lefi^-\ 1 1 'pcnd<>nl-s of the Rig or chief The wholr' of the recounized morn hers of a Fine. To this exentitled. to a share in the IHhad or property of a deceased person. this is in case tho off . constituted the Fine DatJiaig or hereditary family. in th'i sense of a particular family. H. it is divided equally upon the Fines. the Fine merged into a Dnihaig Daine. 2. or relatives from the ninth to the thirteenth degree. whom five tlie patrimony tlie is confirmed.

If the result of the inquisition left the matter in doubt. extract from the laws refer to the coequal numbers of each Fine. they shall also divide the liabilities". Appendix. H. or the five fingers of the Fine. In default of relatives within the the responsibilities attached fifth degree. or lot.C. This is explained in the commentary thus : they are bound to pay the liabilities of their correlatives. p. " From seventeen they are separated so that they are [not] a Duthaig do Fine.e. MS.. from the seventeen men out. presented tliey were also called the cuic mera na Fine. 397. vol. 500. for the \\ ales meaning of the word. the pro- Remotely ured. b.C.D. or of the branch of the family which has the nearest claim MS. as their shares were not equal. it is five that Gelfine.D. and assumed it. note 558 In claimant was bound to prove that he belonged to the family. to the i>t6flc? (property). INTRODUCTION. they the liabilities 2.e. of the rights and liabilitierf of the family or House: ^ kind of formed a they family council styled Cuicer na Fine. The words "divided equally" in the text of ihe preced ng 2. one black into a box or three stones — — " If it be divided into fifths. that is of every Dibad derivable from it". the There were many claim was determined by CranjJCMr. so shall also the crimes [i. 14. in default of direct heirs. but the principal one consisted in putting one red.e. or true calling. that is. the Gelfine received the inheritance in all the to first instance.clxiv The Conriciigr>ntatives of the Fine. or obscure Fine. E. to . See Ancie7}t Lawn. ing to Fir Caire. and not to Thus the Dfrbfine appear the several Fines. because just as they divide the Dibad. one Avhite. 15. but one-fourth goes to the Find" i. As they rethe roots of the spreading branches of the family. and here it is they are separated so that they are not a Duthaig Fine from that out. the person claimbe of a Fine was called before a sworn jury of Noillechs. . passed or the five to the collateral heirs. and the Indjine to the residue. ii. col. the liabilities] extend even to the stripping of the hearth. •' ' _ _ ^ Giah or pledges of the family. perty passed to the representatives of the other Fi7ies. They were received into the Fine Dutliaig by a proof mode cess called a ciaim to Fine. *'^ " Gelfine co cuicer ( Gelfine as far as five). It is make a and receive the properties of their near relatives."^ or persons legally qualified to hold an inquisition into the claim. it is in the same way fine". but a Duthaig Daine". i. also a p. 2o8. See. i. 15. 1. When property. 2'* who assume T. ways of casting lots.e.^''' Thosc wliose degree of consanguinity was doubtful or obscure Constituted what was called the Duhjine. two-thirds of the remaining half. 15. to have been entitled to one-half of the whole inheritance the Jarfine. T.

This provision was obviously — . he was considered a mere labourer price of his labour of the man \vho kept him. When these fines were paid. Mic Faesma. When any one was kept on Faesam or under protection without the legal sanclion of the Fine having been obtained..INTRODUCTION. entered into an oral contract with the head of the or paid a fine for the Faesam .Aire also paid each two cumals... when he was not kept in to the otherwise he was Fine. or six A fees paid for cows. They . were called Strangers could likewise be adopted into a Fine: such persons ^ ^ Mic Faesma^ or children of adoption. . and Fine. like what was provided for those having claims for support on their immediate kinsmen. the claimant was then obliged to draw untd he drew if the former. bag. opposition only entitled to the that is. that a house- holder. the adopted person coidd establish a Selb or occupancy on the land of the Fine. or violence. or adopted children. an Oc-Aire and a Bo. This process of drawing lots was sometimes resorted to in criminal cases also. and was admitted to the Fine. or king. a Trehaire. is. he lost. constituted the Fine Tacair or Fine by affiliation. or twenty -one cows. such as aged parents. participated in the succession tedmemto property only in the proportion specified in the contract of The Mac adoption entered into when the Trehaire gave bail. the Flath paid half the amount of thu Hig. etc. persons adopting them. uncles. the branch in this case of the family so keeping him was bound to provide for his maintenance by a Cis-nincis or special allowance.s. cl XV either the black or white stone latter. the fine for force without were persons adopted the Faesam or protection was in proportion to the rank of the Faesma of the Derbjine did not When Rig. person of this class. he won. This Cis or rent was usually seven Cumals. to his share of chattels and land the Mac . paid seven Cuwa/. A he did not acquire the right of establishing a Selb. participate in land. when not forced on the Fitie. might become a member of it on payment ol one-seventh of those fines but . But in trials for serious crimes the test was far more severe. Th( . if the . if unanimously adopted by a Fine. rights of legally adop- Faesma or adopted son of a Geljine. adoption. was entitled in general. Fine. a woman Comarb or co-heiress paid two Cumals. When a person was adopted into a Fine. Adoption by a.

brethren. . h\s Saer and X>aer Ceiled.e first place of the children. the senior members of the Fine. They and their descendants were excluded from the JJuthaig or right of inheritance. were speciall}' distinguished as J79 Avricht J^ni-f. or Fine Fin golach. or red-handed". 84. that is. that is from the benefits of the F/ne. Dutludg JJaine or nation.fix VI lA TKOr. who fornu d part of this Fine. UCTIOK. the share of JHhad to which they might otherwise have become entitled went to pay the liabilities brouglit ujion their nearest of kin by FineCis their crimes. and I'uidirs. 83. under the Bretha Fir Caire or judgments ol true calling.nts. was to the would conespond The term applied to those who killed. his own Fine in the strict sense of the word. their In such case they might however lights were extinguished. kindred from beyond the sea. and Avho Avere known under the collective name of the Five Cis F/atha. and appears to for preventing Flaths from getting about tliem too great a number of mercenaries. or. in order to get their Dihad or property. establish a claim to belong to the is. which Uerhfine in Ireland. 2. I^xu2s Md^ The Fine Occomail consisted of exiles and of those who from iiiiign.efiof it did not become so until the ninth degree. termine with certainty when the rights of this category of kinsmen to be admitted to a Fi?ie Duthaig became extinct. to claim to be received back and affiliated to their respective brandies of the Fines. pp. namely. if free fioiji crime. §§ 1. Fine in the second sense consisted in tb. the Lord's tribute and rent-paying Fine The free and base Ceile. or attempted to kill.s. and in addition of all Botliaclis those under his protection. that It is not easy to deright of citizenship. Tlie sons of Irislnvomcn by Alhanaclis or Scotchmen were included under tlie term Glasfine — tliat is. If they failed to prove their claim to be affiliated directly to any branch of the Fine. and other relatives of the Flath. various causes had left the country: these and their descendants v. to clieck )nade tlie Lave been very necessary introauction of strangers. to acquire the In Wales Kiiif'.ithin a certain degree of consanguinity were entitled.^" " Derqfine. who paid him rents.

the Here. namely. Guizot's idea of a clan. that the feudal family . except in a very m.INTRODUCTION. the Codrids. There is here a great diflference between the situation of the chief and that ot the rest of the population. identity of clan It is thus clear that name among the Irish. at lust. and their relations of kindred. Guizot then contrasts this ideal clan with a feudal " But have we here the feudal family in the following words: family? obviously not. . a sort of equality between all the mem- bers of the clan". The clan names of O'Brien. They did not lead the same life the greater portion tilled and served the . established a moial tie. chief was idle and warlike. the cLui. for example. family passed. and therefore consisted in turn of a number of Fines of tlie second class. as among the Romans and the Greeks. at least in early tiuu-s. It was sometimes used in a still more f^eneral sense to desiirnate all the Tuaths governed by chiefs of the same blood. they ancient tiaditious. M. It seems. the third sense embraced The Fine . Ireland. the European has This is no longer the patriarchal family. tlic clxvii Fine fogiiunia. anything moie than eponyms. the same recollections.- limited sense but Claud territorial and general sensu comprised all tiie Flaths of a Tuath with their respective Fines. were MacCarthy. or Fabii. does not conespond with the current notions on the subject. the same affections. are not neces- could not be. A Fine in the second sense thus embraced Fines of the all a number of families or first-class. O'Donnell. O'SuUi van. though they often continued to Each namej. sarily like the Greek Homeiids in Chios. A Fine in the inhabitants of a Tuath. -ds it really was in Ireland. But they had a common Oiigin. very probably. Ouizof* ^'«ew ot limited sense. O'Neill. whose type we must seek for in Scotland or Through this system. of a lord constituted a Claud in in its its moi< ThecUn . "Another family system presents itself. Julii. the Butidi^. all bore the same name. does not necessarily imply community of origin. indeed Roman jEmilii. the — patronymics. be included under the chief clan name. This view of the organization of the lamily and of the Clan or Claud. cian of the smaller clans comprising a great clan graduall assumed a distinctive surname. a petty society. is M.

was Five or part of it the origin of the different. Civilization. was not a tribe. instead of the ideal clan. to the clan . Esq. by the substitution of succession through the eldest male heir for that of gavelkind. . that " the resemblance is much The ancient clan system passed greater than the difference". once superior to and estranged from the rest of the society. 70 71. With the development of the feudal system proper. the fore-right of the eldest son put an end to '*" The History of i. namely. family". Germans. it lived separated from the rest of the population. THE DESCENT OF PROPERTY AMONG THE ANCIENT The ancient course of lescent was IRISH. no bond. shut up in the castle. moral or historical. the inequality of their six individuals.-*" we compare the real clan. Fhie just described. vol. amongst his brothers. The possessor of the fief led not the same those life. feudal family . we might invert M. that was the feudal they were not very different. It is Failing such heirs. or if he had no children. Neither did it resemble the patriarchal family. . it reduced feudal family was not itself to the family. If. such been described in the foregoing pages. as it has naturally into the feudal system. translated by Wni.cl. xvni INTRODUCTION. to the wife and children. population which surrounded the were totally unconnected with him. The ii- heritance descended equally amongst his sons.. Bogue's Ed. they The between them and him there was no kindred. and say. possessor of the fief did not bear his name.. who surrounded him it nor did he engage in the same occupations with he was an idler and a warrior. properly go called. his com- bears some relation but the difference is piirison of much greater the clan witii tlie than the resemblance. this — is almost the only difference between them. and other nations. The colonists and serfs made no members of situation the society immense. ancient course of descent of property amonsf the Gauls. it went to very probable that the classification of the degrees of consanguinity of the direct and collateral heirs everywhere in ancient times was the same as that of the Irish the collateral heirs. in a situation at . was that by which a person's in. Guizot's expression. Hazlitt. The numerous. pp. whilst the others were labourers.

on the other hand. 1663.. It has. and in the Isle of Portland. and the Dibad or property of deceased persons. the daughters take the inheritance " In very ancient has no sons or brothers. . kind. to the branching of the fingers from the hand. . fall after the extinction of the Gelfine. " Boc- Even about land". Position of u „ . liabilities Gahal Cined or gavelkind originally meant.^®' was of opinion was scarce a county in England that had not this tiie kind of descent of property more or less. which he looks renders " and land as this the Anglo-Saxon tribute. According •1 custom of gavelkind . Hen. Hen. . History of Gavtlkind. women 'o™- there be no sons . . Wergild. derives from gafel ov gafol. as I kind of succession was Gahal Cined. or a tributary kind of land. times we may assume that women did not inherit land at all . tribute. as I have said. "f Gaveli^ini- genvis". an interThe term used in Irish for pretation accepted by Skinner... custom . the and rights of the whole Fine or Maegth to the sevento the teenth degree. man Conquest. Somner also derives it from gafol and kind. was compared. which Spelman . §§ 20-22. (i. But after the it degree. who wrote on this that there custom in the seventeenth century. however. sicut predixinius § 20) in quintum geniculum". It also at in the custom obtains Urchenfield Hereappears that fordshire. . and other fines and mulcts due for civil and criminal causes by its members. Ixx. women the period of the Norcould not inherit " folc land". This liability. § 21: " uon mittat eum extra cogi\adoneni suain. remained the custom of Kent down to the present time. if a gaveiman «n''er l^ind cus.'-*^ that is. In Kent the custom is called " gavelkind". but. like the right to share the mulcts and fines levied on another Fine in its behalf. could 28' absolutely from the spear to the spindle side. this ancient clxiX custom in most parts of Europe. which agrees with Gahal or " GafoV did not however mean have already explained. and cyn. a branch of a Fine or and hence the liability of the latter for the Dire or Maegth. then. but only line.INTUODUCTIOX. I. his sisters take it. in LL. as it exists in Kent.. that is family or kin.e. Ixx. Silas Taylor. among the Anglo-Saxons. I. or. «^ LL. fifth and then reverted to the male by women. could be inherited in usufruct. consequently upon gavelkind praedium vectigale.

allowed them to inherit one-third. The L. their sons and tlieir daughters retain everything which is handed over to tiiem by their mothers.D. A'iii. or in case of the death of these.. translated by J. "ihe j)ortions". increased the proportion to one-half. Then follows the commentary : " i. But it is probable that Erich's law only gave them one-third when there was no son. Burgund. p. the sons of strangers sons born of daughters of tr'ibe men bj husbands of strargf families] and sealanders. Esq.. and they get it in Dibad r.. H. 12). Visig. placed . sud . language of the French " tomber de lance en que- noullle"..iid in Daer [sequestr. Liut^jr. [he gets] not more than one-seventh of the Dibud If it be an o\^i\ c|\t:iib ^^ j'iiAfCAj or ' inheritance of hand and thigii' land. etc. all if theie '*' Among the Germans also women did not originally inherit. 48). i.. Erich. M. x. women became entitled to inherit land the right of the daughter preceded that of the distant branches. perhaps after the extinction of relatives The L. woman's right in appropnau. ^q According to the Irish custom property descended at first only ^[^^. H.. p. that is..ngas they Rgrce with the Fine. if the right of his mother's Fme is nearer to it than that of his father's". to half the marriage bed. daughters on the same footing as sons this is probably borrowed from the In Denmark. 2. Earl Birger. L. T. or. Afterwards. Gramm. are entitled to this land from Xha Fine as h. who died in 1160. Marculfus speaks of this custom as impious " Dulcis sinife filiae mese illi ilia. 2. The History of the Swedes.proThen comes the commentary : " i. however. (^Form. Saxon. jurists. Sal.e. Roman Law. to daughters appear have become entitled to inherit Ultimately.e. iv. as the law of ferred on women. however. " to lock to inherit with the brother (ibid.'u retain a right to come lawfully into possession of the laud settled under lawful bonds" which had passed out of the possession of other women. a Flatli or owner of real estate (Orha) might give one-third of his land to his daughters iP** he had no sons.e. ii. Ripuar.A. 56).clxx tlie INTRODUCTION. which a father settles upon a daughter through atTection. " Uj. xiv. male heirs of the body. uhicli . womv.ition] even from the Fino:\ MS. gradation of iemaie miieiiianct. LL.. lix.8. By a law of Chilperich of the year 574. 1. however. each son receiving an equal share.e. St. [j. " It is not the son tliat takes all the land of the Fine as patrimony.. is said to have modified the law of Sweden so as to allow women Upland expresses the new rights conand key. women could not inherit land at all until the : beginning of the eleventh century (Sax. who died in 1266. : impia. it is not the son that takes all ancestral property of the Fine of his mother. De terra nulla in muliere hereditas (LL. and the legal third of the property" (Geijer. 2. 1S7). 1. i. Turner.. 1.on w Lorn bonds are louud by the ajiproprialc laws of the Fhteas. in proportion to their degree of consanguinity.C. Earl Birger's law. 284 51)).5. p. allowed female succession to come in earlier. 15. to the fifth degree. Diuturna. inter nos consuetude tenetur ut de terra paterna sorores cum fratribus portionem non habeant".^^^ ^Mnh V*""^ tancc..

was also . Herbariue. and the ladies itt the Cours d' Amour are the s iccessois of the women "of the Judgments". Gal. the Brig A77ibui alluded to in the text. i. Matrue. vd'co. dica. the F/ath (Jeillowing commentary The land Jine. . women who accompanied Queen Fled Bricrind or Brici tit's at the Mt. and was wife of Cehchair Mac Uthichair.\5. daughter oiSenchad. The Dames soui^eraines dfspenf:^s of French cliivalry. Pythonissae (Greger. and oilier She is mentioned as one of the nine. he it is that binds the one-third. Striae. vi. i. ing that the latter states they mentioned by Pomponius Mela were consecrated (iii. I may also refer to the position wliich women held in the councils of the Gauls of Italy and Gaul. the Judgments"' represent the "ZafivirCji. H.). but lived on the mainland with their husbands. which has been ihe source of manv cu-''>!iis aiid tradition-'. e. was called Brig ban Brughad or Brig the female Brugad. and Genethliacae (Capit. iv. T. Turou. " i. some of them appear to have been connected with each The mother of Senchan. druidesses were no doubt the same as the nine Barrigenue or Senae. In medieval times they became witches or were confounded v.Uidhiri (bjMj b|\ecAc ben " Possibly these women of CelccAiiA 11110 iicic<Mti.N. p. ten. cause of -woman's right. . his wife was called Brig Bni/iach or Brig of the judgments and his daughter. MS. Lamiae. This name must bo generic. 285 Several women of the name of Brig are mentioned in the ancient laws : as female judges other. accoi'ding to his account. . e. a class of druidesses who. Gallicenae or Gallican'ie. c. and Muirae occur frequently in old irserii)ti()ns. This riglit <-> _ . but the representative of a very ancient and important institution. fataThe Alatres Fumiliae were called. or rather heroic tales of that period. it would appear called Brig " of the Judgments". settled under lawful bonds which passed from the possession of other women was adjudgpd to Brig". Matrae. The Maires FunAliue who v ei e consulted by the Germans as to the proper time for battle. carried on theh. Be Bel. who pleaded the were no sons. of Dagobert for the year o30. are also to be connected here (see Caesar. Feast wliich forms the subject of a the Leabar na h. wife of Conchobar Mac Nessa. The latter remind us of the Geinite Glindi of Irish '. to have been completely established by a legal decision made "•''^er it in the case oiBriy Amhui. etc."^" The land thus given to a daughter Upon which we find the folBrig made to regulate the rights of women". 50). the high noble who [binds]. time of Conchobar Mac Nessa. who were evil. a renowned personage of the Tain Bd Chuailyne.yvvalKeQ of Strabo (B..mysteries in an curious tale x'reserved in These island in the ocean. or iXocturfiae. in the Gaulish lingua rustica.INTKODIICTIOX.2.). line 20}. and Mutronue. chief judge and poet of Ulster in the . the Sagae. vala.). 798.) notwithstand- to The Proiihetess Veleda mentioned by Tacitus was no doubt one of them. and the Pythiue.i h minor deities of the Gaulish pantheon— the Bona Res. as it is related to the O. Bonae Bominae. . 2. perpetual virginity. if they should be free. Strigne or Stri/ges (Old French ^strie). 103 col. Charlemagne.nylhology. Mairae (whence French Mere). who were good. to show that Brie/ Bretath was not an isolated instance of a woman j)leading the cause of women.C.gan.D. CIXXI to inherit land is said v-mou of of dausliters " women .

e. or GwaddoP^'' of the Welsh. even though the son of the Flath grade had but two cows and a Samaisc. " that is. who is of family of equal rank with him. that goes to the son of an Aire Feibe. if the two were of equal rank. 287 . . or if it be the daughter of a Flath grade that goes to the Gradh Fine. con- versely. if the daughter of a Flath married the son of a Bo- Aire. ^^^ See also F..„ were dead. This marriage the gift represented o o i AgweddP^ At but first it Hymanfijlgja. " of hand and of the estate explanation why thigh" was onethird the estate of a Flath. 412. received a Tincnr or marriage portion from her father. usually it was one-third of the furniture. It is which could not be fulfilled by women. etc. and perhaps of all classes. her marriage gift We should be twice that of her husband . 37 . Afitgift und Gut". at have in this an personal property of the bride's father. became an inheritance of hand and thigh".e. 43. which is to be given from the Aire. 223. the German or " Geld etc. in default of male heirs. household and live chattels. 22 698. was called " an inheritance of hand and tliigh". If it be the daughter of a Gradh Fine. in the Ancient Laws. i. the Aire who possesses cattle.. The bridegroom's wealth should be equal to that of the bride. i.e. land passed to women. given applied to describe the ancient marriage And here it is necessary they bear upon the disposition oi property. The amount of the marriage portion depended upon the rank of the contracting parties. the daughter of a Bd-Aire brought five cows with her as her portion to the son of the man of the Flath grade. if he as the marriage portion . be the daughter of a Bo. or who is more noble than him. the Coibche. probably consisted exclusively of clothes. i. part of the estate went to the Finem payment for the military and other services attached to inherit such land afterwards as well as _ ' womcn coiild _ on It appears that ^ the lands. some very early period land might also be given. But if a B6-Aire'» daughter married the son of a Flath. 12. 365. Every woman of the Aire class.. Scandinavia. ^^® Ancient Laws.. the Norse HeinigiOf.e. and. S. men. That these words were synonymous is shown by a comparison of the passage 256. 26. When. 73. customs so tar .e. alte Das i. with 365. Marriage cnstoms: " hand and thigh" was originally probable that the terra land as a to marriage portion to a daughter.clxxii position of INTRODUCTION. from \\ex Fine.. women under Irish (customs. of the Bu-Aire.. who possesses Feib (real estate). 28 . her portion was fixed at half that of her husband. it is a Trian . Walter's 288 "And if it Wales. or. i. as in Wales.Aire.

§ .e. lier Cowyll. The ancient laws of Wales^*^ tell us that the articles intended as the Cowyll should be mentioned in the morning responsible for the before the bride rose. the Flath MS. p.. and a return on the morning after the gift for its bestowal on him. which is obviously with the Irisli term. Rmclinson. it is two-thirds of property she brings as her portion. i. him and one half of a third from her make an appropriate [marriage] portion from the daughter of the Aire Feibe. otherwise they became the joint property of the husband and wife.INTRODUCTION.e.e. i. she must have wealth equal to twice the wealth of the husband. i. and he is to have one-third.. and cognate the Norse by Hindradagsgaf.e. which was dependent upon the parties. because it is lawful to demand more cattle from the Aires who have cows. or if she had but the half of the one-third. i. a. which the bridegroom gave to the bride after her marriage. 255. Brit. clxxlii lor The term Coibche was sometimes used the marria^'e the coibche portion. to half the wealth of the Tineoil (one-third of property) she brings as her portion. than from those who have property. Ibid. the son of the Bo -Aire must have twice the number i e. i. p.^^° The Welsh custom implies that witnesses should be present at these declarations. man to whom she goes. lie should have two-thirds. 366. § 62.. 61. p. Among some were German peoples the gift was actually handed over to the bride in the presence of the bridesmaids and the bridegroom's men.^^^ rank of the contracting appears to have been settled i. if the daughter of a Flath grade goes Gradh Fine.e.e. but properly speaking that word meant a legal giitgut. Dii deutschen Frauen in dcm Miitelalter. If it be the daughter of the Aire Fcihe who to the son of a goes to the son of a Bd-Aire. i. and he must have a full third against it. grade". a portion equal If it be the daughter of a Gradh Fine man who goes to a Gradh Flatlta. In Wales the Comi/ll or bridal gift of a kiiij^'s daughter was one-third . ^^'^ Ancient 2»o ''" ''- ]).e. i. it counts as half So that a third from against him. . marriage. § 23 p. wife. from the daughter of the F/a'Ii grade. was called by the Welsh Coivt/ll. Mus. The German and Norse nauics This gift which was intended as a recognition of the bride's virginity on the part of the bridegroom. otherwise the husband was not leg dly The wife too should declare that they gift. two-thirds of property as his portion against the one-third of the though the daughter of a Flulh grade had but one-third. by the Germans Morgangaha. 487. fol. col. 47. Laws of 63 Wales.^®' The amount of the Coibche. was given indicate that the gift. § 29. of cattle. s. Kcirl Weinhold. 270. 1.e. 47. she must have two-thirds of wealth. from the Aire Fuieas.

purchase. p. beforehanrl in Ireland. sale. T.-'* In liavc consisted also of other things. a neck But the brlde-prlce might chain. 6oL-6y:i. the equivalent of the lana-rmais Log and the Munder or Festingafe of the o^ Germans. sents the The father's share of the Coibche repreor bride-price. a drinking cup which contains six CJnyas . and that is what is due to the father out of the C€d Coibche. Thus. top. one of the Norse names for the bridal gift. As the brlde-prlce. Coibche.. and thou slialt be allowed to make it more extensive for your- Qjye mg"^ selves". will give thee oil g^^ij Oengus. col. to the head of her Fine. which in ancient times formed a prominent and Independent feature in marriage customs. etc. as in the case of the /4 grwerft/i or marriage portion. Tintlscra. and other Aires. Xindscra. 293 Weinhold. if she were married after his death. which came from the linen. they . cit. silver.xxiv INTRODUCTION. by which the rights and guardianship. not the person. the Aire C"sramg. usually consisted of articles of gold. Brautkauf the Norsemen. it was generally called Tiudscra. i94 MS. and Escra. thy foster child. of the bride were acquired by the husband and his family. appear to be expressive of the nature ratiier than ot the purposes of the gift?. i.e.^^^ these cases it was still called Tindacra or Tinscra. or. Leabnrri'i h-Uidhn. Tinde. a loc. or nmict. and even sometimes paid over when the civil contract was being made in the presence of the heads of the family. H. that is. 18. MS.C. 2. a word which is said to be formed from Tinde. In Wales the CoicyU might also consist of land. when well bred cattle and bridle steeds The terms were the objects of a gift. continued to be given to the bridal gift even when it consisted of gold and rich garments. for otlier persons it was usually one- half the latter. in the same way that Linfe. and bronze. etc. or first marriage gilt of every daughter". a drinking cup.'^^^ Germans and Norsemen the amount of the bridal and in some places given to the bride at the marriajje According to Irish law. and land as her Tinscra. part of the Coibche or bridal gift went to the bride's father. Amonw gift the was also discussed beforehand. It is even probable that in Christian times it was always so paid over. 54. feast.. a neck chain which contains three Ungas. and even of land. and Escra.d. of which the clothes and other household articles were often made.D. "Eithne as a wife. 295 1 41 -6. namely laml near to Ossory hard by us the south.

in the father's hands as a substitute for the more pagan custom " bride of the ancient Log lanumnais or price". when maltreating .'^" the Coibche might in Ireland also have consisted of land. the Scandinavians and Germans the ''bride price" a mere form.^^® . MS. clxxv TinJscra or . if a blemish were inflicted on her by beating or her 4. The riffhts of women were carefully protected under o •^• r law but there existed apparently too much lacility tor ^ the Irish ^ rights of ^ married .IN rnoDUCTioN. formed part of the Coibche. while clothes and arms were properly and bronze. and in ditlerenc explains why these terms are sumelunes used for senses. and German the Scandinavian silver in our modern marriage ceremony is perhaps a relic of the Tindscra. and the corresponding gifts among the other northern nations. and bronze. 363.women . if she were rendered the subject of ridicule by her husband. 3. col. Tindscra. silver. 127. " mantle the Brnt Posta or marriage cloak of purchase" The placing of the Tindscra or portion of the the Irish. marriage portion. Leibur nu h-Uidhri. were included under the term Slabra. " counter or the Vi^armundr or Motiulkop. falsely charged with impropriety by 2. when openly abandoned by her otherwise 1. the it was called In East Gothland or the increasing third part. for bably the result of the introduction there seems no reason to doubt that in pagan times in Ireland no marriage was deemed " bride full price" legal unless the of the parties was paid. and gokl. TocAm. . the sepa. as among proportionate to the rank The use of gold and nations. silver. This Co!6c/(e. and as the term was some])rice times used to express the whole of the latter. As the - bride- tiiebri-ol>rice . as one-third of the — Coibche or bridal gift consisting of gold. There were seven cases in which the wife could legally separate from her husband and retain the whole or part of her Coibche. was pro- of Christian marriage. p. 1. and was replaced in Norway became gradually by what was called the Tilginf. 1. and obtain special damages for injury : her husband. or purchase". or because it was reckoned Among " Tridjungs auki". 32 . sheep and pigs. ration of husband and wife. one another. 42. »96 -'' Ancient Laws. of the dau'fliter o of a king.

and to the . A woman who is abused and openly charged with infidelity i. or to continue still in her lawful countenance [by assault] i.clxxvi INTRODUCTION. be- her husband. because it is not lawful to satirize (or abuse) her at all. and the full amount of her Coibche. they are by law entitled to everylied thing that was given them as their Coibche. a woman by her husband. i. woman whom her husband has abused with reproachful satire.e. not giving her full rights in do. tells a false story. . household] and one Baile. husband. . or to continue in the lawful marriage union with him. and to her Enecland.e.e. i. . giving her a love potion before marriage 7. or neglect of his wife 6. or to continue in the marriage union with him. and she has the choice either to separate from him and to take away her Coibche from him. i. a woman to whom her husband is not duly attached.e. and appropriate fines from the moment of the accusation. and one-fourth of her Coibche [if it had been] in the presence of one house [i.e.e. she is entitled to her choice. 3. a woman who has been unlawfully satirized. i. or to give the full : people any cause to laugh at her. 5. i. i.chas who though they may have been bound by bonds of Nascaires and Rath Trebaires. if there be a sign or mark at all. i.e. she is entitled to a Dairt for one insult upon her pillow. and the A amount of Eraic together with it i. and to take her Coibche away with her. she is entitled to have her Coibche and her Enecland paid to her. Eraic of the Z)er6/or^at7^ (defamation).e. and she has the choice either to separate from him for ever and tojake her Coibche with her.e. no matter what the nature of the satire may have been. i.^ ^® 298 «( There are seven women : in a tribe whose rights are tlae laid down by the Fene.e. marrfed^ women. it is still competent for them to separate [from their] marriage union at any time that they please to do so. for leaving her bed. or charged publicly with inlidelity. she is entitled to her Coibche and her Enecland. so that he prefers to sleep with servants rather than with her. a woman against Avhom her husband has circulated an unlawful satire. to separate from him. but whichever she chooses to do. and an Eraic corresponding to the nature of the satire.e. a woman of whom her companion.e. marriage union with him. her Coibche. and whichever she does. 1. it is a case which must be responded to in the Airecht or court. made a Derbforgaill (a false charge of impropriety) upon her she is entitled to her choice. she is entitled to her Coibche. or to tution. however small the blemish. and a Smacht (damage) for it. 5. who has been i. A woman who gets a blemish on her . who has been made the object of ridicule. i.e. They are entitled to whatsoever is settled upon them as their Coibche. from a white wound out she is entitled to a restitution equal to the amount of her Coibche and the full amount of Eraic also. The woman upon whom any blemish is so inflicted on her person unlawfully. either to separate from him.e. adultery of the husband. i. A woman whose companionship is slighted by her husband. a lie. so that he prefers to go into the same bed with servants rather than to sleep with her he must pay to her the Eraic of abandonment.e. 2.e.e. she is entitled to the full amount of her Coibche. mestic and other social matters. i. to resti. 4. i. if it be outside of the Less (court-yard). and to the Eraic of the injury.

257. given a philter or love potion in order to seduce her. clxxvii effec.^"° leprosy. or impotence. wliich binds the union. § 23 . p.-'' ation were adultery. and to a Coibche. in order to make her love i.e. and for the favours. 487. 12* . and free cooperation in all domestic concerns. and that by it he obtained her in proper bridal cohabitation she is entitled to the Smacht of copulation for it. A is refused her full lawful marriage rights i. 61. Museum. In Wales evil. either to separate This tion is from him. § 57 p. i. looseness of the marriage bond is mentioned as one of If the causes of separthe offences requiring to be punished. is entitled to the exercise of her free will and discretion. and to honourable attendance legally proportionate to her Comtincur. pp. Uxores legitimae HoweU Da . 1. . a woman who is not allowed to exercise her wUl or desire in due proportion to the marriage bond. That is. every noble woman who is bound [married] in accordance with the Fenechas. at the request of Edward the First.e. patrocinio contra Evangelium dato repudio repellunter". In the excommunication issued in 1282 by the Archbishop of The Canterbury against Llewelyn. i. and to get appropriate attendance legally proportionate to her rank. purpose of obtaining her in proper bridal cohabitation. 6. and all other valuables or other property that MS. and a right of mutual cooperation in all domestic concerns. Or in case a company fast with her two or three times .Sfparaifon also lesral separation it seems could have been ted with such ease that the Church endeavoured to correct this'n waie» this circumstance as a prekings of England used text to get the aid of the spiritual authorities against Wa'es. and to her Entcland and her Corpdire. 299 <i fol. Rymer. the second instance in the laws in which the Smacht fine of copulainflicted upon a man for the injury he has done [a woman] before he is attains to a lawful bridal cohabitation [with her]. Brit. at the time that he is soliciting her then he gives the love-charm potion. § 30.e. it is A him the more . i. or to preserve the marriage union with him.e.e. stinking breath. p. 41. And if it was before his union with her. or who 7. or a wide-spread report of it. from the guilt : of which the husband was bound to clear himself by the oaths of fifty compurgators . 46. i. to have free access to all tilings.e. and to separate from him or she must get an Eruic proportionate to the nature of the love potion. Because any is woman who — Rawlinson. she brings to her husband at and after her marriage ". '00 Ancient Laws. the mutual enjoyment of. INT. her marriage portion. so that he excites her into lustful compUcity with him. she is entitled to a Coibche and an Eraic in proportion to the nature of the philter.e. and she shall have her choice . 2. wedded] into the Fine is entitled to the free exercise of her wUl. woman whose wUl is restrained. the love potion was given to her. : bound [i. the woman was entitled to take away with her all woman to whom her husband has continue in the marriage union still.INTRODUCTION.

^"2 That is. p. § 19.^"^ ness of marriage ties was no doubt the reason why illegitimate children inherited equally with legitimate children. p. §§ 5. § 1 .. § 66 . . or a share equal to In South one-half that of a son of the personal property. 9. 267. 47. p. p. 6. 256. § tam '"* *^' naturales Cambr. note 473. 364.^"* This looseafter that period.... 30' Ancient Laws. and generally for jjersonal property of all kinds. § 2. quam legitimi herili portione De lUaudaUl. or even to the property in general of women it was also used for the dress and arms of men and the tools . § 7. which corresponded fine or to the Irish Sarugiid. ii. p. Quod paternam hereditatem filii inter se Ibid. § . they only received dress and or- naments as in very early times in Ireland. 46. The term Argyvreu was not applied exclusively to part of a woman's dowry. ^"^ to. of a privileged craft or art.§ 12. p. .^'^'giveddi A iverih.. § 9 p. Walliae. both of men and women. 415. p. The Saraad. Edward . § 26 . and Saraad. 365. 256. Elsewhere (vol.™' The South Wales custom may have been a relic of the Irish domination.^*" seven before cause sufficient without years. 1. 38. which they held in their own right. et fructuosae propaginis gaudia percipere non permittant. p. p. App. 39. 9. 39. §§ 30. . 307 "Xria sunt enim quae gentem banc destruunt. ^0* 3o» 3o« was the Ancient Laws p. he should pay back to his wife her with her marriage gift and other property which she brought as well as her Cowyll or bridal gift . Ancient Laws. wlicn the custom was changed by the statute of Rhuddlan in the reign In North Wales of women I. § 10 . Rid. 31 p. c. § 21 . Separation in ware°s!'^^ If the separation took the property that belonged to lier.^"^ The husband could also separate without In case the separation took place before the third last night of seven years. 255.^°^ if the separation took place cause. Girald. 26 p.. 38. any additional property -which she may have brought with her over and above her marriage portion. p.elxxviii introduction. dividere contendunt". 42. p. 364. 252. § Ibid. p. while that of North Wales may have been a return to the old custom the result of the conquest of the country by 26 Cunedda. Wales daughters inherited all when there were no sons. 84. p.^"^ Position of Wales as"to ' did not inherit land™* before 1284. the woman place not her hut and lost her Coivyll. here alluded honour price which she received for all ill-treatment. § 54. p. 252. § 1 . WynehArgr/vi^eu. the property was divided. 471) I have made Gwynebwerth equivalent to the Irish Enedand. § 1 . p. .

81. 29. the wood axe. 26(3. their children might claim a redistribution.INTRODUCTION. and equivalent to the Irish Teti. with the buildings belonging to it. 4 .^'* the youngest however took the principal place. § ]. 3'6 Digona. § 2.^"^ The personal was then property . descended to the youngest son.^" the harp and the chess-board. When those various ways gradually closed up. 315. 1 370. speak • of i^ivision property of 1 among several sons. always got the boiler. emigration.. 5. 686. offered fields for the enterprise of the younger sons.. Ibid. the lots being drawn by the younger the latter. 8. to dwell together". p. j . 83. In the Pays de Grimberghe in Brabant. I 68-1. juj^ gl. This was somewhat analogous to the custom of Borough-English. ''* The Saxons in England.^^^ literally a residence or house. I. .. L. ^i* "u Ibid.''^ indicates a desire to avoid the action of the law. cl XXIX the division oi the houses 1 Although the T P • • Salic''" T and Alcmannic'" 1 laws • . yet in practice among ueirs: so long as colonization of waste lands. 1. 12* B . by which estates in land in certain ancient boroughs. and a certain amount of land. divided. war. if any of them could show that their father had either not received any part of the property or his full share . a great subdivision would have taken place had not the introduction of descent by the eldest son arrested it on the Continent. Tydden. With this object the father often sent the younger sons to sea. 313 »»* 3>s I. 5. 2. the paternal estate was not divided. Ibid. 3" L. however. 15 CS6. and the elder brother had the right of purchasing out the younger ones. and copyhold 'manors. 1 370. 29. Ancient Laws. etc. Geijer's History oj the Swedes.^'* of all the brothers. Sal. so far Kemble thinks that the subdivision it had proceeded among the Anglo-Saxons that facilitated the Norman ^'^ The Swedish proverb. et seq. 86. 82.. or in default of issue to the younger brother. ^.. et seq. 8S. Alam.*-" In all redistributions the »io LIX.custom in heritance equally. In Wales the brothers divided the paternal in. »" »»o Perhaps the amount forming the field of sanctuary or Irish Maigin Ancient Laws. 87. the coulter of the After the death plough. in order to maintain the dignity and power of the family. " It is good for brethren Conquest. the youngest son also inherited the paternal estate.^'^ their children might again do the same. 3. 2()b.

416. 67. five and a-half yards. is H.^'^ the stem of the family. but u •' ) ^^ we know the former in a much more archaic form than the The division took place in this way: each son was latter. a bishop.. 1 . and other vessels and implements. an . and tlie household vessels. 14. 28 . A7icie7it Laws. MS. p. 7/. 327 See note 667. 370. in order that each should know the quality and capabilities of the land of the other. 87.C.^-^ The power of Many inheri- tances remained theirish custom.'"-'* /^/j_^ §2. bound^under certain obligations 3.^-* Xhc Irisli custom was very similar to the Welsh. 2G8. 34.jj. 5 3«3 . the eldest son " the entitled to get boiler. and AirUsses. and to his younger brothers and sisters". T. 740. 525. the keeve. 10. a temporary staking of the several shares of the land took place and in the second. 1?. are collected together and critically compared with one . 18. he also takes was the responsibilities of these possessions. brewing vats. 371.. and Int. and orchards remained in common. Until all the references to weights and measures scattered through Irish MSS. 741. Ibid. 525. 607. ii. etc. 537. p. 684. p. fish weirs. land was measured by poles and 321 In the third year. the to determine bounropes. 741. turf bogs. and other members of the family and plaintiff and defendant in all suits at law. 10. 9. appears to have been originally a horse switch. however undivided. the guardian of his sisters. but the distance tliat could be when it was grasped in the hand. which went to the elder brother.^^' redistribution ceased in the fourth generation. principal seat or Tydden should be respected. The modern perch or pole of Ireland is seven yards. quarries. the instrument of measurement used by all northern and western nations. or a Sai. 3.^ . and until his brothers became of age. 326 326 334 9. 12.clxXX INTRODUCTION..^^^ together with the liouse and offices. and the assertor of their rights. exchange of lots. App. 14. the pots. 617. was responsible before the law for them. reached or Foirach. 510.D. or residences and houses. and he gets the Ltses. he was bound to accept the responsibility of enter- He was taining the retinue of the king. entitled to an equal share of the cattle _ and land. ci. .^. But in consideration of this special inheritance. 53fi.'^^ mills. 10. or yards . 75. the English or statute. The total length included not only the switch itself. 7 In the division of the property of a deceased proprietor. The modern chain corresponds to the Irish " rope". =22 2C0. 9. 2 . 1. and the arm was fully extended. vol ation of this term. ^^^ Oak woods. During the first year of their co-occupany. note 136 for an explan- 328 The pole. but not of the houses and offices.

twelve perches one rope . What qualifies a Comaitches. How is a Comaitches made? Question. The land upon which the Ail around it divided in the third [year].e. four one palms one is thumb. that is. It will be seen from the Critk Gablach that whenever the wealth of an Aire ( J75. Brit. the Comorhs divide equally beit ? tween them the land of their deceased ancestors. namely. i. to swear that the responsibilities of the united body shall be the responsi31 S. T. or rope. E. Rawlinson. twelve feet one perch.e. Comaide {i.INTRODUCTION. for making the fence]. out of the noble patrimonial right. 487. for the fulfilment i. 330 "Question. out of the land. of . One which need not be finished before the end of that year. 5. barley-corns (literally grains) foot. clxxxi In tlie as to bar litigation thereafter. 3'^ A their residences and each man of them shall give pledges and security of sanctuary to the other.e. is it is always a multiple of this quantity. Mus. 42). p. the land of their fathers and grandfathers each man of them turns to the Each man of them gives a other.e. The following gives its length in one instance at least: " three four thumbs one palm. Assuming the Irish to have been of about the same length as the English If we foot. How or is a Comaitches made? The boundary division is made in the third [year]. That is. they aU turn their faces to each other. The Ail is made that is. it would be premature to determine wliether the Forrach. allow an Irish acre to one cow. p. 1. they commence to make the in or after the fifth [year] is made is . was of the same length in every part of the country. 64. fol. the boundaries were confirmed soTiieinsh and each brother gave security to maintain his fences. Avhat is the form of it ? First. i. "Question. i. or capping of bhickthorn. this would represent the land of seven Cumah. Ail or boundary around it at the termination of the fifth [year]. Their possessions. a Tir Cumail would be a little more than twenty-one acres Irish. Diguin. The Tir Cumail or Cumal land appears to have been the unit measure for the appanage lands and qualifying estates of Aires. Question. a Co?««jVc^es ? What is the description of it ? The Comarbs first divide then* shares and measured by land. a pledge of two ScrepciUs. of the Comaitches. What constitutes. fourth year. The fence proclaimed legal after a month. and they then spend two days cutting down its wood \_i. The Ail boundary or boundary is made upon it after the capped [or finished off] after the tenth. The Ail is completely finished within the termination of the tenth [year] with the . col. . a co-occupancy of co-partners) is I ask how a Comaitches is made? Answer. a. fence of Comorbship. W^hat is the manner i.^^^ end of the begun to be made around it at the be finished within the tenth and shoukl year. darles.e. CD.e. I ask out of Avhat does the AitJiechus Comaide grow ? Out of the Ail Comarbus. but they must be of legal measure".e. a Tir Cumail twelve ropes long and six ropes wide. of a comb with the exception year."" The Ail or boundary was fifth another and with the standards of other countries. The Ail is fifth [year]. bility of each individual person of them". 3.

p. 3. MS. and this then is the planting and legalizing of the be the whole Crioch (territory) which is in seven Achads (fields or divisions) that is to be divided.e. which show how erroneous are the views hitherto held with regard to property in land in Ireland. Notwithstanding the extensive development of joint tenancy and gilds. col. And if there be not Senchaids. a. and waste continued common.e. And be objected to. Which are they ? " [Here follows an enumeration of the twelve : And if it Blais or legal boundaries]. " Question What is the manner of the planting of an Ail (boundary) ? Its Noill (swearing). MS. did not divide the land.cLxXxii The Irish INTRODUCTION. 333 U. i.e. and also a Dire (or fine) fcr the land . and its Nuaill (proclamation). Such a settlement represented the German " or ComSometimes the orhs. C'o??j-ori=co-heir. and an Aire who is to swear between two boundary. 487. and another to make oath to it. ].e.^^^ co-heirs. The law books are full of the most minute descriptions of the various kinds of fences and the fines for damaging them. exactly like the gilds I have already described. the ancient Irish exhibited a jealousy of their individual rights. the blackthorn cap is put upon it at tlie termination of the tenth [year]. ^" " : . fol. after tlie month custom. who are the Noills [i. but continued to occupy the land in common. binding] until proclaimed by them three times without opposition". Markgenossenschaft". 18. or copartnerships. 64. exception of the comb or cap of blackthorn. completion of the fence the division of the land and establishment of the boundaries were legally proclaimed. and 333 for trespassing on the enclosed lands. Rawlinson. Noillechs] or Clannas (bound- ary planters) ? Lugus (oath-men). inherited property. Question now By what means is the boundary fine made binding when made on the hereditaments ? It is proclaimed as a thing to be known by Seanchaid n-inr-aic (i. it is regulated by the Senchaids thus. 13.^^' The method of division just sketched out was still a kind of joint-tenancy or partnership. legal Senchaids) whea the fence is made [it is not Brit. and Senchaids duly qualified to give evidence of testification. II. and a spirit of litigation in their defence. it damages for fence-breaking]: its price must be paid by whosoever injures [trespass]". two perfect B6 Aires to plant the stakes.— for there are twelve kinds of Blais (fences) by which a Crioch is bounded. heir. almost the same word as the German Brbe. and the boundary is proclaimed and established as legal in one month after". And the fence is made perfect. In the Irish Orb we have "Benefits of Ails [i. *32 Orba. Question What is its it is : : Nuaill7 if it To proclaim the i?«e (fence) three times without opposition. Mas. bogs. p. for the woods. in the land.

the Flaithem oen oescra. were sub- number of small poor proprietors created. who had one. for we find mention in the ™'g''' 'i'^"' divided. by the great subdivision of property which it effected. like the counteracted this Yet the mention to a certain extent gilds. and he is also bound in security of that portion of the fence for a full year afterwards". the lowest of whom had ten Ceiles. lamb for two stakes and their fastenings . but by the law of Tanistry. joint-occupancy of Comorbs. p. the Leth-Flaithem. [while broken down]. on the other hand. clxxxiii chiefs. ./ be siibji. the appanages did not descend by the custom of gavel-kind. 618. ^-a*' of '^"n- In order to prevent the subdivision of the property of and of those holding high rank in a Tuath.. his successor was elected under the name of Tanaiste. liable to pay for] two caretakers who shall be qualified as [The trespasser is it Nemcds to guard AkJujln (restitution) for the fence. 519. pulling. who had three Sencleithe. .^^* shows that even the estates of Flaths. and on the death of the former the latter succeeded him. but they are Seoid Gablas. App . "* Vol. 13 b.1 descend by the law of Tanistry. while the custom of gavel-kind. tended to deprive the majority of freemen of all political rights under a constitution where property was an essential element of F-states of political power. Estates of It would seem that the property A ire mii^ht ° r r J even of a B6 Bd A ire.3. The Tanaiste was not neceshis brother or sarily the son of the chief: he might be nephew. How is it [the price of the fence] qualified? Answer: a wether lamb for breaking. by putting an line nindndc (or perfect boundary) in place of it. and a ^ ^ •^ . The succession of property by the law of Tanistry secured that there should always be an official aristocracy possessed of sufficient estate in land to maintain their dignity. eight. Ibid.IXTRODUCTION. but he should belong to his Fine. who had two. .cta tract iust mentioned of a Tanuise It also B6 Aire or Tanist of a B6\?^Vl"^ AireP^ had not sufficient property at his appears that in the case of a Bo Aire who death to qualify all his sons "Question. During the life-time of a chief. five Seoids for twelve. iii.H. or carrying off one stake out of it a ewe . like those just mentioned. and divided. pp. 519. The in the law tract printed in the appendix of the Og Flaithem. and to make an MS. »»» 18. a Dartaid (a yearling heifer) for three stakes of the fence a Dairt for four stakes a Colpthach for six a cow for .

he inherited the dignity and the land. and in fact take part with the Fine in all legal and pubhc questions.. 26. -t was eligible to succeed to an inheritance. and even to ahenate it by feoffment at the age of fifteen. . In the reign of Queen Anne. law was. be Aires^ the eldest son with the consent of the Fine might and thus maintain the dignity of the family. 3. bail. all the lands in Wales were disgavelled. however. the lands made subject to gavel-kind. note 481. injured the country and gave rise to most of the present evils of the Irish land system. ^°^ excepting the repeated confiscations. repealed by another act of the Irish parliament in the reign of George the Third/^® large number of A properties were disgavelled in Kent by statute in the reign of Henry same reign the Eighth. however. . tomsnotre'" ^^ Ireland. A similar custom appears to have prewitness. 49. "9 Crith Gablach. ^as 31 34 and 35 Henry VIII. 473. In the former a minor . for if one of the legal heirs could show that he possessed at least five hydes of land. revived by a statute of the Irish parliament as a penal measure against Catholics. retain the paternal estate.^^® In the But the rights of the tenants do not appear to have been injured by the new Comparison of savelkind in Kent and in [relaiid. c. vailed among the Anglo-Saxons.^'^^ was eligible to assume the responsibilities of '6 »3' 17 and 18 Geo. for the purof breaking up any landed property tliat may have repose mained in their hands. In Ireland. vol. which. App. a minor who formed one of the class of persons under pledge or surety termed a Fer-Midhoili.^^^ upon the petition of the owners. and to prevent them from founding of Catholics were families in case they might acquire wealth. to act as compurgator. it may be o mtercstmg to noticc an analoffv between the custom ot gavelkind as it existed in Kent and in Ireland. c. Bcforc leaving this subject of descent of property. ii. legislation.clxxxiv to INTRODUCTION. . unless the heir acThis cording to civil law conformed to the Protestant religion. all Irish customs were set aside by a judgment Knglish'' Ireland" given in the year 1605. c. Henry VIII. . the custom of gavelkind was. more than any other measure. By that statute. III. p. and be qualified as Aire Fine.

or service from the owner to another. the latter to the provincial king. various of arc by frequent enough in Irish grades kings annals . and lastly the provincial king to the high king of Eriu. The mount. 1051. M6r The Tuath a small state. the date of which is like the foreright of the eldest son under feudal law. unless he chose. The introduction of Tanistry. already attached to that the idea of allodial land was not unknown. or owner of land not liable Rig. shows other duties Aie. . or paramount king. The first question tenures. who owed allegiance to the king. which I shall of we have to determine in connection with Nature the estate now briefly discuss. free of tribute and land. for he received Taurcrecli him tribute. be regarded as in a certain sense all the citizens of which owed allegiance to the : Rig or king indeed the law expressly stated that a freeman did not owe Ceilsinni or submission to any man except to the The Flath. that all lands were holden either me- lands The records of gifts of diately or immediately of the king. clxXXV the property to -wlucli he had succeeded at the age of fourteen. is. not known. The ofler by Medh clearly to Ferdiad of part of all Magh mentioned. to tribute to any lord except the Rig.^'" that he could not be a Fiadnaise or witness until lie except was seventeen years okL TENURES OF THE ANCIENT IRISH. however. or of Odal land in Scandinavia. as in the case of the similar 3'" Does this suggest an explanation of the use of Catharach for puberf Stokes' /r("«A Glosses. fine. the Flath could scarcely be said to possess allodial from the Rig Tuatha. or submission to a lord paraland. what was thea-f''aa . to the same fiction as in feudal law. of nature of the ownership of land which vested in the Fiatlis ? Did he possess allodial land ? or did the ancient Irish know true allodial land at all ? If we define allodial lands to be free lands not subject to any rent. these grants being made. was in reality in somewhat the same position as the owner of Alod in Germany. seems to have led. might.INTRODUCTION. The Rig Tuatlia in turn owed Ceilsinni to the Rig Tuatha. and paid receiving of the former and the payment of the latter constituted Ceilsinni. tribute. at least in appearance.

e. the a habitation on the land at a certain rent or service. The position of the Daer or base Bothach may be compared with In fact. i. p. grants of Folc-land by the Anglo-Saxon kings. or free-holding in Scotland. As in the case of feuds. the two classes of Bothachs appear to correspond to the Cotarius and Goterellus of Domesday Book. "Fal do tire ranne do Flaith iar nelud. Tir rainde.^*' The tenure of tlie the Bothachs consisted of the rights of settlement on lands of the lord. after having allowed the Cdle to abscond. that becomes a boundary of possession.Bothachs.*) i. This is a case in Avhich the Ce'ile has absconded. seem to represent exactly the copy -holders of English law. as was before pointed out. the Ime (fence) wlaich the Flath makes upon the divisions of the land. following passage clearly shows that the tenure of a C^'Ue was not and that as long as he fulfilled the conditions of his tenure he could not be ejected.clxxxvi INTRODUCTION. while the latter the former of whom The Daer sents a copy- is The base Ceiles Considered to have held in mere villenage. on Fal. a Fal or fence of land which has been divided by a Flath after an absconder. partook on the one-hand of the character of knight's-service. and according to law.e. because of&Daer name of Bes-Tigi. but fixed or certain. or villein-socage of feudal times. a preThe tenure of the Saer Ceile scriptive right was acquired. inasmuch as a Ceile was bound to give military service to his lord when required to do so. resembled the socage tenure known as burgasfe tenure. i. though originally holding at the will of a lord. was base. But if the services conTenure of a tinued to be regularly rendered during a certain period. risfht to In the case of the free or Saer. tenure of the Daer Ceiles. the Ce'ile has forfeited one-half of his land by having absconded. who. acquired by custom ** ' The precarious.e. cxIt. inasmuch a fixed tribute under the The as the service otBoihachs. witli the sanction of the Sabaid or council. and on the other of free socage. the condition of villeins who held by pure villenage. Wlien he has divided Ce'ile does not return within one month. . according to the received opinion of English lawyers. grants of land to Ceiles were probably at first precarious or for life. held a free-socage tenure. resembled the privileged villenage. was also payable. or base Ceiles. and the Flath has divided the land into three parts after him [that is in his the land and that the Fal (a * Se« note 226. or ward-holding in Scotland.

i.D. and [it is unlawful to put cattle on it] until his it is ascertained". 3. E. 20. and E. half of the is of the Ce'ile's land) belongs to the Flath [_i. p. proved by witnesses. 19. " Land divided by a Flath. evidence of ear)— this is given or produced by the Fine (family) .e. however.. p. The following passage shows the process by which a Flath or landlord took legal possession of the land of a defaulting Ceile. 5. the Fla/Ii is entitled to keep one-half of the Ce'ile's land in lieu of the Eric or fine of absconding]. which ever one of them scription sons. and the Lia (flag). T. 312 into use.INTRODUCTION. 13. clxxxvii that while r ^ the latter The oaer a of the rolls made held by copy of court roll. 385a. pp. The commentator goes on to explain these three requirements " In three of the : ways it is proved. German Lied). 5. This land was let out for loan.C. 3. law ap- T. on the grounds that it has been out and occupied for a term suflBcient to qualify a prescriptive right.e. that is in general held former the the lord's of the steward court.C. . i. p. ^^ Rudradh caecait (prescription is of fifty) or of forty. 19. 3.e. MS. Fal from the Cdle (that outside the limit of pursiiit]. E. and to Ceiles. the least. and it has been contested as a legal right at the expiration of the term of the loan. —MSS. are put in [appropriate] share of it. and the F/ath is claiming his Eric from the Ceile for absconding. But the proofs of the righteousness or the . 7a. p. an estate transmissible to except 11-1 by copy lieirs. 5. 1.e. i. the Flath claims his right in it when the Poll (liole). 3. that is by an parol title. 2. i. legality of the prescription must be confirmed by three things I. or of thirty. 3. 11. If he does not give the Flath the Eric or fine for absconding. col. it ie not lawful to take possession of it by cattle.e. p. and H.e. it is three ways that are laid down and . E. T. Laid this is a literary proof given by the poets.. MSS. chiefly. At a later period written agreements came ancient poem. by tlie Comorbs in accordance with the law of Manachs of Marhhdilsi (be- — (a lay.] [an act or deed which binds a person indissolubly. by absence. and he has gone there". Traces of this mode of establishing a claim to land came present century. 15. whether absolute or qualified. that is. and the Coirte Flatha (pillar stone of the Flath). when the man has passed into another land. upon the place where the Port Fiach is [i. 18. by Seds and by lands Rudradh trichat (pre- of thirty) moreover belongs to kings Apdaines (proclaimed perand perhaps abbots). down to the The following passage applies to all property in land. by Ciile represents a copy- or by lay.. and is quoted merely to show the kind of evidence relied upon to prove ownership. contrary to the proliibition of the Flath [that is contrary to the will of a landlord who claims the ownership]. in respect to grants to the Church.e. — quests of dead chattels). 5. CD.II.D. Cluas (ear. for these are the three things that bind it". 2*^ MS.] and when the Ce'ile returns to justice he is demanding his own (full portion) of land hack from the F/ath . Lecad cf.

and to have a Fiadnaise (witness) with them. : " There are three commentator observes lands. or when the Nasc (bond) is put on it. i. Cluas. the land of a young lad to whom no rent is paid for it. " There are three lands the possession of which the binding of a Mac (bond).e. it is a forfeiture of his Logenech (honour price) to the Aire who presumes to do it.* i. the reservation in favour of the property of married women.e. [i. or without the consent of the Fine (tribe). a familiar plirase among tlie Irish- spealting people of t Forrain. the property or chattels in question] when he has those things . land which is given against the will. that is. MS. and Leiter. . or a Fiadnaise (witness) cannot legalize. or a Dilse (a legal assignment) by word of mouth. who perseveres not in her appropriate duties 3. i. also the bestowal of a called wages. a Trebaire (security).t for . namely. for having exceeded his legal power or authority: 1. For positive proof there must be Cluas. ^. Chtas. Ibid. is void of perfect understanding at the time of giving it out . It is the It is a false Aireship [a fraudulent deed] to Fine that have the lawful right. 15. the land of a young lad [a minor] to whom it paj"S not price [i. Nogh Cuir. the noble . the present day. that the thing was given up to them Manach. \>y the thing bequeathed a Flath. Digbaid. he is entitled to hold them in perpetuity". It is the Airecht [the court of Upon the Fine'] that has power to bind them. and Laid. i.e.e. one-third of his property . i. 2. and it is not sufficient to bind them that they are held with the knowledge of a Railh.e.e. land which was given in Coibche of a woman who is not good. these are the three solutions agreed upon and ordered to be preserved by the person who holds it [i. When paicito"«i7esthe treating of the rent-paymg classes. or a Raith (surety).e. this the 2. that is. . and the Leiff. and the payment of tribute or rent in kind proportional to the gift or proved of to prove the claim and to qualify the legal right. which consisted gift. i. i. even though • This is tlie " Fiadhnaise focail beil is chtaise". \^.e. Laid. the one-third of his propettj. of the poet certifying that it was given over letter which the Comarbs do have to prove .e.e. l\h. The passage is also noteworthy from two other points of view. rent] though the price be given to the Fine (tribe). i. because the sense or understanding of the young lad is not perfect [i.e. Laid. H.e. and Leiter (a written deed). bind them. I fully described in peculiarity of the tenures of the Ceiles. the property]. he has to suffer Trosca (fasting). p. i.] when the twelve tongues advocate the reversion of the land against the one man who advocates to bind it". the lay by him Leiter.e.e. distinct allusion to the jury. to have been present listening to the thing being delivered up with his own ears. namely. the thing which is lawfully bequeathed by the dead Manach. The following passage shows that the ancient Iris h had adTanctdnotio of equity. i. by the lord.clxxxviii Taurereeh INTRODUCTION. perfect bonds.e. let him have them all [i. because he 2. i. H 3.e. It is sumes to do it [namely]: a forfeiture of Logenech (honour price) to the Aire who pre1. is not legal] when the land is let out.

and if their truth were established. Taurcrech. withhold of age]. land conceded by the Flath whose rights became forfeited on account of injustice to For a turchur. a lord treated his Ceiles despotically and did not make redress. 487. or even though were the Fine [i. i.e. the landlord. It from the binding acknowledgmust be redeemed from him [the tenant] according to the judgment of the Brehon. " The redemption of each prescription ments.^'^ Within a Tuath a holder of land could let his land to other Land let to freemen of the territory for a year or other specific term.e. as I have before bound to give caie. the rent that let is it But it if evicted before it the expi[itself] given to the Fine for out. Any a raatn. i.e. from them this is their lease of the .e. opposition to. Relation o« more was entitled to. so that in cases of great oppression the If occupiers of land could appeal to the higher tribunals. and not by arbitrary rules. law of the kinirdom. the proper court of equity issued a decree of forfeiture against him.e.e. p. '** 1. the cintach upon an ecintacli. i. [who conceded] his right to his share [or claim his Ce'iles. that is. they appealed against him to a Maihluath or Dal. buildings erected upon it during a tenancy for a specific term became the property of the owner of the land at the expiration of the term. does not . 2. the Ceile could refuse all further supplies imtil he made restitution. i^/a^A .e. that the unacknowledged or illegal possession of the land does not make a real binding bond of prescription. and he was in the absence of lawful or perfect understanding when the land was that let out. Ibid. another thing which goes into prescrii)tion from the place or time of its division". or without the knowledge [or consent] of the Fine. it is not lawful to it. it is another prescription. in right of perfect wicker [houses]. col. Brit.e. MS. The prescription " The redemption. effected by illegal means or by force cannot be legalized. If the lord obtained clxxxix tribute or rent than he stated. he was. land is not valid when he comes And the reason because the understanding or sense of the little boy was not perfect [according to law] . fol. i. 3*3 Land conceded by a 62. it is good. because he.e. does not know [i. — whose right becomes forfeit i. RawVuuon. An inquisition into the charges was held. b. an assembly of a tribe or Tuatht according to his rank. 3. in is. In spite of. If he did not do so.INTUODUCTION. i. of that part of a man's property which it is is just in the laws of redemption out from him [on loan] to protect it against lapsing into prescription and perpetual possession. The relations of Ceiles and their lords or the general tribe and territorial were regulated by Fenechas. to it]. i. Or the ftist bond Urnaidm of the unjust woman. holding in spite of the Fine. Mus. an equivalent increase of wages.^" at a valuation.

his fenccs or distress meet to upon his other engagements. unless it is wrested from him by the [evidence of the] . . a circumstance which accounts for many of the evils of the old squatting Tillage land let for the purpose of growto the owner of the land at the reverted manured a ing crop. even though he has built a wicker house upon it upon the land are removed . they are redeemed [that is purchased] from him at the valuation of the judge [or arbitrator] of the man [himself] who is the holder of the land [i. the tenant]. .e. hold the land upon which he made them until it is taken from [i. it goes though it is as loan or hire-land the land is held at the time [of building it]. Ins co-partners levied a him by the authority of an Aire until they com- pelled him meet his engagements or give up his land. to his knowledge. —for tenant]. Comorbship or ° gild . the tenant or man in possession. to his knowledge]. as as m . chattels.e.e. of a lord with his tacit consent. he his buildings upon the land. 19.e. tlie ' second . the the land. p.s. or crops. dav J of it.e.CXC Compensation to tenants for INTRODUCTION. i. Because false or it is unjust to allow him to remain upon no namely. not only remained the the property of the builder. but the builders acquired a right to land upon which they stood. ' .e.] is ejected from the land. the wicker houses which he has built they are moveable]. aware of a wicker house being built upon his land. were considered moveable If evicted without cause.e. it ration of the terra. that is a thing unknown or unacknowledged. cattle. weak — minors] or technical legal.] him by law. even if it made be for the purpose of a Rudra {i. He.C. false [possession] or a possession of brothership. as example in the case of squatters. i.^" particular term insoirent was specified. ^ Germany. and that he has not been forbidden to do so until he has completed his building. he had exhausted the manure. [i.D. the houses. last . or promises of youths [i. "If he is entitled to be in right of inheritance he has built his houses upon the land. of partnerships. E. is 2'* " If a man into prescription.e. 3. ' improveinents. o which. in medieval times. end of the specified term for which it was let out. . but to the rent also. the hirer of the land was entitled members to its possession until If a member of a . even tliougli ° . that for he was not only entitled to Houses erected on the land is.e. i. i. If a man has built bis house or his kiln or his mill upon the land of an estated man in his presence [i. establishing a prescriptive right).e. failed to make . the tenant was entitled ^ to his buildmo. . or a possession obtained or held by force and might". were on . and could not be evicted.e.e. but if no system in Ireland. the loan-holder. His recognize] the right of the loan-holder [i. [i. T. he is entitled to the land upon which he it built his houses". MS. a possession by or illegal possession qualifies his right. . 5.

priation of a holding. i. If the^'s^ri^^" or failing co-partner had chattels sufficient to qualify him to be a TrehairS or householder. or Bleith. fol. the Fine or family who were the trustees of the Esert. possessed the means of taking the land out of the hands of an If he did not possess a residence. they levied a distress upon his next of kin who was solvent. they [i. While the land was paid his let. CD. and it must be worth a Screpall. see also 21S. the taking possession or appro. law term. O. and the liabilities which this right carried with it. b. and the right [or legal liabilities] of all their losses in respect of Imes (^'ences). ^^^ That is. a Screpall is tho . and the under T distraint. the pledges for the line (fence) a Rama down down (spade) for the Clais (ditch). his Fine liabilities for him. //. Ossart. in order that they [his family] may consign to them the right of grazing his laud for one year. a Bial (billhook) for the Duirime (the quick hedge). put out of a bed or holding. letting his share of the land for that period.e. The trus- teeship thus created by the interest in the succession to the property. and to lay it once. G2. of the family of the absentee]. Mus. if he undertakes it. and and chattels. RawUnson. 487. Brit. and other buildings. and maintained him for a year. the co-partners having compelled him to surrender his land for a year. against liim] it avails him not that he has built houses upon it". there are two resident Comarbs and an absent man. " These are the pledges they give. a Screpall is the value of it. giving pledges to each other for the fulfilment of the liabilities '" Fiadnaises (or witnesses) and the Senchaidhs : and when they have [decided MS. a Soc (crow-bar) for the Corra (rock). and then the (tribe) two Comathechs (co-tenants) hold and act from that forth as if the whole was their own property. If he had not chattels or a residence. or chief pledgeof his family. as long as the family Esert or insolvent.e. they call upon his Fine toco-occupy [to cooperate] with them in making arrangements regarding the land of their brother [co-tenant]. and reserving the rent of it in payment of the liabilities incurred. the residents] join unto them an Aire of his Aires [«. but if he does not. house. Eng. cliattels . 3. to assume his respon- sibilities. and they bind themselves to each other in pledges for the mutual discharge of their liabilities". T. 18. Fogelt. offices. col. a Fidba (axe or hatchet) for the Felma or for the . 122. fenced it and divided it between them. a Screpall is the worth of it.INTRODUCTION.e. ships.it twice. and called upon his Aire Fine. and to lay it down three times. CXCl insolvent when distrained were liable to the costs of the distress cost or grazinij while .e. and to lay. p. orpar'ni^r.. i. 3^^ " And where Cf. appropriation. prevented the alienation by sale of an estate. 1. were responsible for the fences.4i7(or stake fence).

and to cooperate with the Tuath both in hostings and convocations and Rubas. leived his duties. i. If an occupier of land neglected to perform his liabilities. The land trespass now is the Fuba and the Ruba {i. but if he did not. except in cases of real want. a vent he handed over his land to his man became insolwho provided him Under with a small house and an allowance for his maintenance. foxes. of killing and chasing foxes.e. As no One could alienate his land without the sanction of all those who possessed an interest in it.. co-pattners associated with themselves an Aire of the absentee's Fme family. roads. when Fijie. namely. etc. a distress was upon him. they divided the land in the manner just described. where a Nemda or jury could deprive an owner of his land if he allowed it to become waste. and the . if he consented. namely. and gave mutual securities for the fulfilment of their engagements. after due notice.^^^ analogous to the old Norse one already mentioned. and he was called upon to perform the duties attached to the land. and also This done. your own and to lay it arbitration or law) or — trespass. 3. it by sale by allowing down twice. ^** " What is the amount [of the joint liabilities] of a ComaithQuestion. his partnerships. is Insolvent This custom to perform the duties that appertained to it.e. when the holder of the land was This obliged to make oath that he could not support himself was the pauvrete jure o^ \\\q French medieval law. early feudal law landed property was also inalienable. In Sweden the owner of land could only alienate value of it. H. and a distress was subsequently levied. chesl There is first the [trespass of the] Selh or homestead. It is by the Sith Aile (mutual boundaryby the Beolegud (living deposits. of watch and ward. each . i.). 18. or failed. p. they called upon his to act for the absent man in making arrangements with for assigning the right of grazing his land to them. repairing roads. Road trespasses. them the duties attached to the land. and the right of the land was transferred to the man who was willing to perform the duties. and he was kept under distraint until he fulfilled In case he had no chattels of his own. notice was served upon his nearest of kin who was solvent. these Smachts (penalties) are bound after this". chas- ing and keeping off of Tivolf-dogs and plunderers).CXCll INTRODUCTION members of ^^ ^ member of a gild or Comorbship left the territory. etc. witnesses) that MS. 13 a.e. every place in trespass of its and the trespass of others in the time of fencing it the guarding of it against pirates and wild dogs (wolf-dogs.

15. man must from put an //«« (fence) upon his own part of it. made thirty-one years. they gave up theAlthough the Faidirs in *• general might be considered as tenants-at-will. 13. 87. which with the crop-year in order to get the benefit of the dung put on it. But although the for if a free Fuidir was a tenant-at-will. and every one and all in common are bound ruts]. The tenure of the Faidirs will be sufficiently understood Temuc of from the account of the different categories of Fuiairs. compensation provements was fully admitted in principle. for they are to be manured every year. 3. ^.. 12. they were also entitled to remove their houses. . Rotten lie dung (that is. by returning the purchase money. 10. Bk.INTRODUCTION. The inability to ahenate. Manured fallow four years also". p. as the follow" 9. Mi). IG. 11. it is to be ploughed. Wood-land truly the same. Ley land truly the same. or to sell them at a valuation. c. ^^' In the case of Fuidir co-partnerships having a full farmstead which entitled them to rank as householders. No one is to retain ing passage from the Venedotian Code fully proves gardens in his possession on account of having manured them for more than one year. not and unlike at the will of the lord. if land. are relics of the more ancient rights of the family represented by the Irish Fine. Yard dung. under feudal law. INT. keep it even [j. or right of recovery of family estate sold. it is to be ploughed. liimself to CXCIU in rnjoUeut be sold with it. the right of preemption. and clean away all dirt and puddle at thetimes of visitations and fairs. Car dung. holding protected by the custom of the manor. which of course only took place case of distress or similar causes. which I have given in a previous section. or were evicted by the lord. ''" Ancient Laws and Institutes of Wales. he was the full benefit of the manure. the members of Fines having full tribe right who held land for a year under the circumstances just described. of those periods was thirty years. 2" The same principle was admitted in the old Welsh laws. 14. They were mere villeins the base Ceiles. land where cattle are accustomed to without folding). truly the ?ame. A fallow two years. etc. II. free keep it clear from cattle. so that unexhausted imFuidir had manured allowed to o^et a field with duiiff from his cattle sheds. he must suffer a corresponding deduction in the benefits of the Comaitches". and the reti^ait lignoger.e. 16* . it : is to be ploughed. three years. 18. It would One thus appear that this comraon modern term is based upon ancient precedent. 13 a. xvi. or who tookiand lor specified pcriods^^" were not tenants-at-will in the modern sense. alike to do it and anything that any man is deficient in the Cathach (duties of his Comaitches). four years.

^^^ they were numerous fourteenth Germany and centuries. had no claim to the land beof who of a class document persons and in another of the same period and often relating to the same district. Germany. Mabillon mention tenants of the former class under the name the later co-existed all Roman Empire. Epist. 64 . published by Moser. There seems no reason. he became abase Ceile. to doubt that both parties co-existed all through the medieval period. Deutsche Staats u. v. the Faidir class or villeins at will increased in some places consequent upon the ruin of the more settled inhabitants. ii. from being a free ' The mention made in one old Fiddir. 7. ii. having full hereditary rights. Osnahruckische Geschichte. France. vii. Eich- laws regulating the estates of ministerii that go back to the eleventh century. and Greg Max. has hitherto been regarded as an indication of the commencement of hereditary rights. 3t. and during the perpetual feuds occupiers. with a system of Marini and villenage analogous to the Irish Fuidirship.^^* horn states that in all the Fiddir documents showing the co-existence of free farmers of the class with villeins having hereditary rights. of libellarii from the sixth to also in the thirteenth centuries in the thirteenth . '^^ Anton. xi. posed rise of hereditary rights is simply the result of a confusion in the minds of writers between the two classes of After the Crusades. Sdmmtl. . ^^^ ^^* §.'*^* in which a free farmer gets to his heirs. 1. 2. traces of hereditary One of the most important occupation are to be found. becoming fixity of tenure with right of succession however at the same time a serf. Epist. Rcchtsgeschichte. of the nobility. p. 130. 97. through the middle ages in Italy. and that the sup- yond the will of-the lord. of a diiferent class. is one of 1237. that is. 20.''^^ and especially in the north. viii. times for instance there can be no doubt that hereditary tenan" cies. Werke. the Erbpacht" of the Germans. to such an extent as to have led to the belief that **' See also Cassiodorus.. 363. tenures throw considerable liglit tenures upon many ob- scu^s points in the tenures of the rest of Europe in medieval onTh^seof* Europe. GescMchte der deutscken Landivirlhsschaft. and the Emphyteusis of . and Flanders.CXCIV "^^^^ Irisli INTRODUCTION. however. et seq. iii.

and other improvements. 292. implements. the of buildings at the expense the buildings were chiefly erecGottingen. 350. the value of their buildino:s. whereas in truth it . CXCV ir'sh the right of inheritance had not yet grown up there. were in reality only a return to the ancient custom by wliich Fuidirs. of great research. pp. ii. 258 National Oekonomk des Ackerbaues 5te work aufl. A systems. where much ted by the landlords. 13* B . and directed that bade the removal of any farmer who had fulfilled his contract in case any were removed. and in all legal ejectments. In considering this section I striking contrast afforded ^^^ ^''^ by a historical cannot help alluding to the comparison of the land Saclisenspiegel. will. the farmers had only leases of three. six. another district of Hanover. according to the valuation of three do skilled neighbours. et seq. or tenants at acquired in process of time right of inheritance in the soil they cultivated.^'^ In Wolfenbiittel the riaht of inheritance was already recognized in 1578. et seq. and here as in Kalenberg a landlord could only evict a farmer when forced to In this case. in Hanover.INTRODUCTION. 366. is proved by documents forbidding the raising of rents. the farmer received compensation for his buildings. bibliographical information about the literature of the continental laud Strubeii.. or nine years. 177. et seq. It Avas only in 1781 that the right of inheritance became fully established about Hildesheim. they should be paid .^^ Roscher well remarks"^ that nothing has contributed so inheritance. 141. holding by position century vice. That the tiTow on those of p ^wo^e. p. 357 Ibid. De jure Villicorum. ^ The of proper we know held their land in the greater part Germany as an inheritance from the thirteenth century. among other things. greater part of the occupiers of land in France in the ninth of limited serin the were Ceiles. liciit was the villcnage-at-will that was new. In 1542 it was forbidden to increase the rents or In 1557 the Liineburg law forto change the tenants at will. 69. giving right of inheritance. 1867. . that is to the development of right of of tenure. as the erection of fixity In the district about tenants. of farms. to -which I am much indebted for.^'* serfs The various laws passed in Germany from the sixteenth cen- tury upwards. so by necessity.. .

I^ *^6 constitution of the Fine and of the substitutes for it. as distinguished from the economical. whose united property would be sufficient as a Comorbship to qualify one of the co-partners to represent the others in their civil rights. Protection one object . the origin of which has hitherto remained obscure. in Ireland it has been almost exclusively directed to soil. fines. those co-partuerships. namely. the true pi'ototype of three most important institutions. to some lord. any of the functions of a freeman. While on the whole been directed to the conversion of tenure at the will of the lord into fixity of tenure. rnmicai or- Commons. be a compurgator. or absolute ownership. The political. After the Kn-und'^'" divided into three classes. Norman Conquest Ensjlish society midit bo The first. abbotr. earls.. or a or exercise have suitor. a witness. the first begin- nings of the representation of the and the medieval Gilds. as I believe.. between sjstems of most continental countries with that of Ireland— a ^^o^^^^st *-^® ronunentai tems!^*' which must Strike legislation in the former has any one who studies them. as before stated. obiect of the co-heirships and of the co-partnerships mentioned in andT""^'"^ *^^ forcgoing sections. either by becoming base Ceiles. man Cm-' quest. a surety. In the eye of the law. and for the military retainers which military were qualified . or mulcts. that is to rooting the peasant in the soil. was not perhaps so much the precommon servation of rights as the Political securing of protection.. persons of this class were " right trusty ". Ave have. representing to a certain extent the early Anglo-Saxon Twelfliaendmen. only one possessing it could. 'J privileges being dependent upon the possession of a certain I property qualification. Frankpledge. and as such somo to become sponsors for the knights holding by tenure from them. AND FRANKPLEDGE. by forming associations or co-partnerships of four or more. vjiid Iris charges. ^^^hops. loosening him from the REPRESENTATION OF THE COMMONS. represen^ta- coramUT ^^"^^ly. . for them in all cases of crimes. and barons. consisting of archbishops. or and to be responsible for their legal "^l (xiiu r'-?!. Those who did not possess the necessary qualifications could only acquire the protection of the law. etc.CXCVl INTRODUCTION. who would answer .

he is a Naidm. he is a plaintiff.. not being deemed to have sufficient property to afford a permanent security for their good behaviour. though . sufiicient freehold for their A sisted of ceorls or villeins. . pp. who were considered as freemen. and for all mulcts and fines chargeable upon it " This kind of security or pledge was called Freeborgh" or " kind to be Frankpledge". •' Anglo-Norman times - This system of ffivin^j security is obviously parallel. and to distinguish it from another " described presently. It did similar. Toing. Bothachs. somewhat modified by them. . exclusively originate with the Saxous. they held jurisdiction to scription or by grants a certain extent over their ^°^^'. and by the Normans afterwards. The Flath was as fully the representative of his Uaer Ceiles. cit. who. Comfleda was the Flath's husting of the feasts of the Comhadhasa or Duthaig or people of the Fin^s of a territory. he is a Baith. the members of which were mutually pledge for each otlier. as any feudal lord " He is a Gablach. and a witness for them". or be liable for the legal penalties ini'»*^st. There is even a term in Irish Slogh Comjieda of a Flath^^° which "9 See Palgrave. In the language of the Crith and Fuidirs. he is an Aitire. such cases provided. the term Collective Frankpledge being applied in to the mutual security thus afforded. under the conditions defined in the law. and irish organ T T 1 i7-i»tion very indeed almost identical. and to meet the legal security their position. or base clients. CXCVU Political or- of their castles. with the Irish organization. and the burghers of towns.. Slogh Comfleda in- directly represents the collective responsibility of a district for certain of the . to incidental person of this condicharges The third class conhis own in to be tion was said pledge. As the people were 5/oy/i collectively bound to provide the euppUes for the feast. not.^^** These bands in Saxon times were called Frith Gilds. By prethey kept about them or as garrisons the from crown. They were also responsible. were enrolled into bands or associations. The second class consisted of all those who were deemed to have property to be a good and permanent good behaviour. it was called sclgnorial Frankpledge". . for crimes committed on their _ own _ domains.. 197-98.f y^"* and were bound to after Normanupasts. 3S0 in- loc. but belongs to all the northern nations. ^ man Conproduce them to justice.INTRODUCTION. however.

CD. or lords. on the contrary.e. p. 517 been connected with the banquets of Op. represented all the rights and responsibilities of his people. the Duthaig or people of the territory] which are made for him outside the Crieh or territory. i. but also while returning home]. or chief. their own CSiles. Thp. when he goes [i. ^ ^ that is. and [lie is entitled] that they be supplied everywhere. Among all the ancient nations of Europe each tribe consti- tuted such a sovereign state. And. . that of any other Flaih. etc. of a lord. gilds. II. a Tuath the different Flaths. . not only while attending a court or other assembly. of his Suiciha . consisting of] companies for him of his Ciw^/or race. did not differ from number Tuath. '^Slogh Comfleda. however. the whole ^ Tuath was in the chief represented people. and a distinction drawn between the so-called Within Celtic and Saxon customs which did not really exist. as has been well out already pointed by Palgrave. tributes. I have already pointed out that the people of a Tuath were and could not from the organization of society have been. may have p. respects a sovereign state. as A . his Aitire. of one blood . so the Rig Tuatha.. Tuath a political «n't- regards the external relations of the territory. to what had never been such. although it may have been the case with the Flaths and free CSiles.e. been confounded. In Ireland two responsibilities have. and for all their Bothachs responsibility of the Jttig. fines. his Raith.— iiyAS.e. as good. in France. etc. the border. The following passage bears out what is here stated.e. The were responsible for and Fuidirs. that Naidm. were in their own is pledge. B6 Aires who had On seignorial frankpledge". T. These ^^' feasts cit.excvin INTRODUCTION. as in modern times the government of a sove- many reign state is in certain cases responsible to other states for the acts of its citizens. except that he had a larger But outside the of persons under his protection. even after companies from his Cind or race" [i. Hence the error. in confederation with similar states. his we loan". and Spain. had been independent states. not Ceile>-. 247. or tribe king.e. he has a host with him from its Ur [i. the FlatK] to the feasts of the Comhadhasa [i..^" of applying the term provinces. his evidence. but. Germany. 18. The clan responsibility was in reality not. 3. his " his oath are told of the Bruighfer. '* directly expresses the idea of the other hand.

. Middlesex. CXCIX torial. this number might be extended to seventy or eighty. coeteri ilium producant ad justitiam et si negat ex sua propria decimatione. In some parts of England. as in East Anglia. 11 we should never forget 11 and the • more or less modmed. -.INTRODUCTION. the patriarchal system was more rapidly obliterated than in Ireland. The J/am</t<i>inpu-tiy or clan was responsible down MIT to the 1tnne ol Jiiadward the Ji. etc. partly and chiefly tcrrl. partly founded on blood or kindred. But from a very important passage quoted by Palgrave from the Holkham MS. and in tha quartering of police upon districts where a murder has been committed. and they became into slavery. its old responsibility of the Maegtli or territorial character has. however. at the period at which we have the means of studying it. 111 had been the latter. consuetudinem qui omnesdebent essefidejussores singulorum. zation. where circumstances continued favourable to its existence down to comparatively modern times. and many shires of Mercia. and which renders the investigation of Irish history so useful as a key to the origin of European institutions. ita quod si quis illorum calumpnia patetur. In comparing Irish customs with Anglo-Saxon cian systems etc the clan system. and in Germany and Gaul. ones. septuaginta vel octoginta homines. and a strong central go. This it is that has .nfononsiAmong the Anglo-Saxons it was the same. survived to our The own time in the amerciaments imposed upon baronies or other subdivisions for arson and other malicious injuries. . the free pledges were formed by telling off the villeins into bands of not less than ten.saxons. purgationem legalem debit 362 <i Dccimatio loci secundum .lder r-TTi 11T-M1 ttriitoiial. continet decern. or otherwise was obliged to surrender him With the development of the strong centralized of government the Anglo-Saxon kings the genealogical character of the sub-divisions of the country disappeared. was not organized on a uniform plan. Collective Frankpledge. only after 1 TT 1 1 original cantonal or Hundred orfranithat • we know 1 • better preserved ''"""S Irish 1 i-i" 1 1 tuan among the Anglo led to much misconception as to the true organization of ancient Ireland and Britain. for the discharge of was any legal fines which the individual amerced viuable to pay. Kent. a collection of fragments of Anglo-Saxon cus362 tumals. purely clan in territorial. vernment existed which tended to obliterate the old customs and also that on account of the Roman occupation of Britain and the movement of population there.

the number of Frankpledges in a Tithing depended upon the number of persons who could not be in their own pledge. the name Tithing. who was responsible for all the resiants in his pledge above twelve years of age. p. JIurcia.^''^ According to the passage from the Holkham MS. 198) that in some shires of Wessex and and "teothing" were used as convertible terms. that every free: . id est fidejussu. habere. this.^" and who was obliged to attend Decimatio autem alicubi dicitur vulgo. whilst the teothing' was the proper denomination of the inhabitants which it contained". speaks by twelves and not by tens. " View of Fleta. The Tithing. far the same Tithing. Frankpledge. It would be more correct to say that "villa" or township was purely territorial. while the "teothing" included Pajgrave states (op. It is probable that originally every coor heirship. was derived from the number ten being the least number which could be in a Col- territorial lective however. in describing the Frankpledge" as it was organized in the . propter superius dictam causam scilicet fidejussoretn communem alicubi vero. the latter being originally the accident of the former. id est. cxxv. But siijp OP Tithing formed but one Collective upon a genealogical basis. should belong to the same township or Baile Blathach. there can Sometimes a townaccording to the custom of the country. as the connected with Collective Frankpledge as that the persons included in a pledge should be in Frankpledge Tithing was only so . p.CC coHeetive piedge. or. but signification of a which in time came to have the township. "villa" ' ' the people as well as the territory. Alicubi dicitur Borch. scilicet. as I have before shown. is a mere guess. Rise and Progress of the English Commonwealth. sub una societate urbem vel centenam debent. •*" This responsibility and the object of Frankpledge are well shown by the fdlowing section of the Laws of Canute " 20 And we will.. reign of S83 Edward the Second. was a division of the Hundred originally established originally. but he adds: " Yet not so but that it may be perceived that the villa' was the designation of the district. Decimatio. quia decern ad minus debent inesse". observatio. INTRODUCTION. and that it was only wlien chvirches and monasteries became mem- Hves'iT"'''' bers of CO heirships by donations of portions of lands held by gavelkind. quoted below. decimatio. be no doubt. that this usage was departed from. of " dozeynes" as if the villeins were tolled off cit. co-grazing association founded upon the same type. Warda. in its Latin form. ^^^^^ collective free-pledge was represented by a chief Fraukpledge: pledge.

If no competent man could be found belonging to the kindred by right of his father. and not of five as in Ireland. 652. a man belonging to it by his mother. 273. App. stitutes ^^^ of England. and other dependents belonging to members of the kindred. who wishes to be entitled to Lad or to Wer. The Teiibantt/le was a substitute for the chief of kindred he was elected from among the wise men or seniors of the hundred at an assembly of the chiefs of household to the ninth degree. of or Gild. for them. or father. acted as compurgator. have a legitimate wife and children. He Pencenedl. and from what has been other Teutonic races also. vol. of protecting the Aillts. Leet Courts. where he testified. be . G59.. and at the "View of Frankpledge" This chief pledge was the representative of those under him in the courts and assemblies. 6C3. 92. be he heorth-foest. and not hold either of the offices of Canghellor or Maer to the prince. . offices The chief of kindred had the gift of all the kindred. in ease any one shall slay him after he is xii years of age or let him not afterwards be entitled to any free rights. 482. the right of imprisonment. Ancient Laws and Inand let the Borh hold and lead him to every plea". and of assistnian be brought into a hundred. he mediated were at war or at peace. or tacit vote. and of summoning a among session of Raith of couniry on account of a plaint of injustice and a breach of law by the king and his judges. he follower. wise men family council in Wales appears to have consisted of seven or seniors. might be chief of kindred.. ii. pp. of appearing as plaintiff and defendant on the part of the kindred. etc. 386. Tlireha. A Trebaire. no hostile weapon durst be bared against him. The chief of kindred was one of the three classes who acted as mediators between hostile border ten itories. whether the kindred between whom . 3'8 See Crith Guhlack. and into a tithing. or where full justice could not be obtained by law. See 240. or chief of kindred.^^^ or He evidently correspona copartneror Aire Fine of aTi'c/ite Chief of Kindred. p. by vote chief of household corresponded to the Irish by ballot. and C6D. Ancient among the Anglo Saxons and Laws and Institutes of Wales. 166. ^^ or the Aire Cosrainq Tuath when the concerned collective Frankpledjje of a Hundred was '''«ca '"• a From the singular Bye-laws enacted in the burgh of London for carrying out the provisions of the law of Athelstane respecting free " borgh" it would appear that the several Gilds formed a common fund for covering the loss of cattle stolen from the gild-brothers. ded to the Irish Aire Fine. The Welsh Fine. 271. And that every one be brought into a hundred and in 6or/i. represented the Irish Aire should be the oldest efficient man of the kindred to the ninth degree. the or liead Aithech ar a ship.INTKODUCTION. The said in the text. as suitor at the CCl lield thereat. p. 642-3..

the Latin is " ane Dutch word''. super foris factum duodecim denariorum". Kcmblc thinks Hyndenwas ' at first the same as Hundred. 368 3fi9 Statuimus quod quoties cumque Aldermannus. Perhaps the Ferthingman. not having the of burgesses. " Statuta gildae de Berwik. Houard. position assigned to them in the laws of Henry the First. 245. this should be indeed their true posi- Many ^'^^ writers political right. a term which 1 have explained in a note to the Crilh Gablacli to be Fer-Tonga or oath-man.ecu INTIIODUCTION. or "FerThe/^er- dingus". like the man chosen by the " Hindena" of London. xxviii. fratres Gildas veniant audito ciassico. who has been so successful in divining England. who elected him — a who acted as kind represented certain bodies in suits at law. and corresponded in many of his functions to the Irish This view would fully accord with the Aithech or a Threha. Amm. Hist. The Saxons in pp. Ferthingmanni. where they are classed among the freemen of the lowest class . vol.— CXIV. who nor is full rights tion. have considered Collective Frankpledge as a Palgrave.'«« they were the representatives of freemen. i. with them an eleventh man chosen by the men of the " Hinthe Hin- dena of Lontioi- dcna". where pear If are they put after the aldermen and before the decani. ane Penny Maister or thesaurar". p. for the Tutttli or Hundred. 467. . t. ad. it incompatible with the position in which they apin the statutes of the gild of Berwick. Skene gives the following singular explanation of the word. p. the Hundred for the territorial. This fund was managed by a committee often " Decani" who represented the body in all cases of legal There was associated proceedings connected with property.^*^' dinos given supports by the Burgundians view. 5. Normandes. ad negotia Gildaa tractanda: omnes. QQ. c. "Ferdingmannus ane Dutch word. voluerint congregare Confratres Gildae. 487. but at a later period the former was used for the numerical diThe name Henvision. decanus. ii. every law term that cannot be explained from nificatione. ingin their recovery. for those compurgator and witness of public officer in fact. may have been the chief pledge of a Frith Gild or an elected representative..^*^* this This eleventh '^ man was an elected of the Irish Aire Cosrainq who acted as Aire Fine counterpart ^ t/iingman or Ferdingus. to their chiefs or kings. De Verborum SigEven yet. Traittssur les coutumes Anglo- Marcell. 243. 1284.

for which it was unaside. of the Tuath. and performed to those of functions an Aire Cosraing. including that of Cuicer na Fine to the "four or council of five men and the Reeve" of the corresponded therefore Anglo-Saxon town- . or were modified. or set and Frankpledge became useful merely as an organization for the subjection of the people. There were several ^^'p- sented. the political privileges which were secured by the custom fell into desuetude. tioned that each Fine had a kind of family council comfive men.of called • cor. often without any corresponding advantage being derived from it. and to act as tiie chier Aire Jcme or representative I have already menAire of the Fines of the Tuatha. could not. as the institutions were modified by the it growth of the power of the king. the name by " The Gerefa of the Hundred Aire responded. posed of ^jVe of and m this capacity possessed within the Fine considerable <^ii'e/ arrest. times the township was In An^lo-Saxon ° _ The Four always repreJ x jnen and the P^'^^ye of the an officer called Folkmoot. who regulated everything connected with the rights and responsibilities of the family. analogous many that is. and with that of the lords and Thegns who gradually encroached upon the common land and converted it into B6c-land. he was the Gerefa or Reeve of the Fine. whose duty it was to see that all were in or chief pledge. to the Irish . ' at every •' kind of ^ officers in the Anglo-Saxon common-wealth who were Gerefa. thus reducing the freemen to the state of villeinage. a functionary who had especially to do with the occupiers of the common or tribe lands. as we shall see hereafter.s. doubtedly used. by J A. townthe Gerefa or Reeve and four men. The rights and powers. It is true that. Jl " the in times insertion ol modern so far as very except fuicarirgilt"? an individual in the roll of the Leet hecame evidence of resi- ancy". however. the Comorbships and The Aire Cos7'aing was the executive officer The 4i>e partnerships. tte true origin of CCUl many institutions. One of these live acted as the Aire Fine or chief pledtje for the family The 11 1 -i ^ • o A • -n- Aire Fine.INTRODUCTION. and in it we may trace one of the sources of the true origin of the representation of the commons. see Was collcc- tire I'laiikany connection between it and political rights and privileges.The Gerefa the Hun- Cos-^^'^^ raing. But originally it was certainly a great right.

i. " upon him rests the security of his crime.e. namely.e. with the four worthies of the Fin£ who succeed him. a. the accused could only free himself by expurgators sworn on the gospels. namely. of his Derbfine. cxxiv. 88. and elected branch to act members of that two or more poorer branches. Egerion. Thus if an eye witness prosecuted a charge of theft. to find the nine persons. the highest iierson] of his Fine. his charge. . thus: is explained by a commentator that he [the witness] shall not be lower than the Aire Desa. or Fine'] liis his own eyes the crime committed his father brother or his A7-t Fine [that is the priucipal man of his . And again " The man who brings the four neighbours {Comaithi) to give a Teist (testimony) with an oath on the gospels that they know not a charge of a Guin (death. i. 88. or other Ibid.e. i -in is Evidence of the representative character of five members of a Fine. that proof [of guilt] having been seen" MS. . 48.CCIV If a INTRODUCTION. the best it fell back on the next branch. or five pledges of one hundred of The head of such a gild appears to have possessed . . "Or an Art Fine is a Titarustal then. and an Aire Desa."] MS. and The passage in the laws which tells this after. Fuidirs formed similar associari . Egerton. should then make oath after him that they had not participated with him. to be found throughout the laws. ^^' * misdeed upon him.e. i. p. than the highest man who is in the Fine. 48. Again: "These down here are the Tuarastals. See ante.e. when the prosecutor is able gospels] with one man after him". tions. and elected one of the members to act as Aire Fine. the crime is fastened (coafirme:!). the Urrads (sureties*) of t\iQ Cain comiihe and co/n^faiVef with four persons after him to confirm the guilt. i. The man who made a criminal charge became thereby an Urrad or surety. the Flatk Gtilfine. i. for themselves. unless it be Fobrad Fiach (a charge for debts or damages) that was brought at first or he confirms a Fir D€ [an oath of expurgation on the Ibid. This was the Aithech ar qualified among the as their chief pledge. or Eithrach : (pel jury). and an Aire Echlai. That is.e. or Gait (theft). for himself. and an Aire Desa. or Braid (plunder). family had not among its own members a possessing the qualifications of an Aire to represent as sliips. t Laws of CO eating and oo-steaUng. 49. the best Coibdealach (corelative) [i. that is a positive Tuarastal (proof) then.^''" man them Aire Fine. p.^^' ^"'^! Cuiq ^ Rath cedach.e. or TheAithech ar a Threha was an eiected Aire a threha ov father of his . and a I3o Aire and an Aire Tuisi. on the Aire Juisi. i. five men and two Bd-Aires-Tuisi. i. i. for. Brit. b.e. or a wound). a. as he must pay it himself if ho does not succeed in establishing it [i. either against or in violation of Cain". p. the chattels. tribe. And if they find the nine persons these are the nine persons. as the liw expresses it. formed a Coniaitches or Conqilda. that is — and these lour jiersons are. that is the laws regulating charges of theft by an accessory. y~.e. p. Mus. i.e. the prosecutor should swear before the three highest Aires of his Fine that he 3'" saw with or his mother.e.

namelv.s. hail. which were and it I probably 37-' is so. fatal to the views whicli have put for- Palgrave. For instance it does not appear to have existed in the ancient shires of Northumbria. merged stitutions. While the family still continued to constitute a political or. until he had first proved that he possessed the necessary property qualification. cian burghs. op p. and was perhaps also included under that name. he was not entitled to the full rights it In the case of a minor of a freeman. and whether "'"">''* "cted a person were of age or not. while the general re. Paicrares opinion tliat . that Collective Frank. etc. . and had been legally recognized as an Aire : otherwise an Aire of his i^ine should be joined with him in all legal The Aire Cosraing. coiucuve l-ranltpledge writers legal "^ on the subiect. difi^ers from most historical and .."four men I'eeve". and there were some at least of the Mer. . 'J02. ment . the true sources of two inGilds). has disappeared. as the official Aire Fine of the whole acts. however.INTRODUCTION. and to have represented them in their general political relations.a f«miiy A o 11 council of o-anization amonor the Anijlo-baxons. this opinion. which he . Frith ^ The into the frankpledge of the township. The men of Salop also claimed to be exempt from the Tithing. I must. When the Maeglh merged into a mere territorial township.. who represented the Anglo^ ^ came tlie Saxon township on all public occasions. - of Palgrave. . that is to act as pledge. appears to have had to much to do with minors. organization family fore."'i' "'^t univeisal.^''^ At seems cit. . of the and of are the custom theredescent. was necessary that his ^^Vg Fine^'^^'^ chief of family should be ioined with him in all le^al acts. similar to the Irish five men of the Fi7ie. if true. in . pledge was not an universal custom in England. witness. first sight. Tuath. they must have had atheA. Before leaving this subject. CCV the same rights as the Aithech ar a threha. sponsibilities of the families and partnerships {Mnegth. and Worcester. notice the state. while the other was the embryo. 1 1 1 1 family council representing the Afaegfh. one of which being also incompatible with the com- plete individual liberty of modern times. for instance Bristol free from it. this council of five pledges became ^ii'f'i^e"the four men and the Reeve". as we might naturally expect. whence has been gradually developed the representative system of England. .

ward. When the organization of the Frankpledge Maegth OX family fell into desuetude. and by the foreright of the eldest son to the inheritance of freehold estate. GILDS A!SD TRADE CORPORATIONS. and each handicraft was more or less a caste. especially where allegiance to the British cluief. . stand why in one part of England Collective Frankjoledge'should ally as the result of the ment and the growth be looked upon as a burthen. into the collective or territorial system of Collective Frankpledge. and they themselves reduced to the condition of manuwhich Saxon Riseof collective pasts in the pledije of a lord. and consequently many free men still entitled to its usufruct. It was the interest of the lord. ""^ . and owed only to the assert individual responsibility.CCYl INTllODUCTION. who freemen wlio corresponded Rig Tuath in Ireland. system of the Maegth. and in other places as a liberty. and in the western lords had supplanted the British ones. Among most early nations employments were hereditary. But if I am right in deriving it of Us oi-feTn from an ancient family organization analogous to the Irish sys^®^^' '^^ could Only have existed originally in those districts where large quantities of common land still existed. especially the absence of the Tithing in precisely those parts in which the inhabitants were largely composed of the so-called Celtic or British people. which I shall describe in the next section. it was natural that the responsibilities of the Maegth should be repudiated when its advantages had ceased. and the custom of gavelkind was supplanted by greater testamentary freedom. and the accompanying gild system. and remained longest in contact witTforif-^^ with British institutions. Thus in Ireland . that responsibility upon his tenants collectively on the other hand it was the interest of the latter to repudiate collective. the tenants made an W^e can therefore underimportant advance in civil rights. who under the old system was directly responsible for the liabilities of all those on his estate. took place gradu- development of a strong central governof individual freedom. In Northumbria and indeed in shires in all the land north of the Trent. to shift . became by conquest base retainers Wherever the passage from the old family of Saxon lords. the rights of the poorer British freemen must have been set aside.

In Rome these col. or villeinage. or the Bally of the Goldsmith. was attached to the land given them by a lord. etc. H. selves and their sons were often goldsmiths. CD. shows ^'* Even kings themus that a king might feast with a smith. craftsmen. because their privileges and fines Avcre determined by the fessions.. MS. which recounts how the latter — — changed his name to Cuchulaind. ii. Baile an Gabhain. leges were of very ancient origin.. . CCVll handicrafts ''""=» ^'^'^^^ the craft of the Goldsmith. So. and always continued privileged professions. appears to have been connected with the possession of a certain quantity of land. or a mill. were looked upon as noble. p. and were followed by base Geiles or clients. as the following passage shows " Even though a man has purchased the site of a forge. a kind of praedial servitude. smith's town. 362. and the builder. too. 3" Vol. 209. ])rofessor Before the rise of cities among the Each lord buse crafts- lord had his own base of antiquity in which the population became dense. xxix.^'^ proves the nobility of descent of the artists. p. Gerdraighe nealogy tinct after seven generations in St. althoufdi ranked accordinsr to the laws with the Daer Nemicl or base pro- because the work was done with the hands. In those nations court. i. The craft of smith was evidently a privileged one.INTRODUCTION. the Irish Wayland Smith and the boy Setanta. Lect. unless he has the grade qualification of land". p.^^*' northern nations. the obligation of carrying on the employment. 18. and grew up. Mothemnioc. their establishment being. vol. 3.^'^ The curious story in the Tain Bo Chaailgne of Culand the smith. Again the geof of which the became exTulach Gossa. the smith. each trade or craft had numerous artizans. and Avhen rii-h Q\ery he as his or attached in some way to his kept guest. ii. like that of a certain class of house. 122. as among the ancient Romans. cities who Rise of cor- formed a species of corporation or college. All other handicrafts besides those men- tioned were base. xvii. 3^" Lect. and even though he has built tliem upon it : avail him. rank of those for whom they worked. and the hereditary character of the employment. of each of the a noble arts. or a wicker It does not house. The right to possess a mill or a forge. or " Hound of (7tt^a?ic?". enough.. "* See vol. The oc- currence of such names in Irish topographical nomenclature as Baile na Cerd. 207. as is shown by many instances recorded in ancient Irish manuscripts.towns. T. ''s See Lect.

Hist. practer antiqua et legitima dissolvit. Nat . the s'^coud Were trade corporations. It religious character. c. such as priests. lib. the Sodalitas was. respecting those only of ancient foundation.. Numa. a voluntary association for religious purposes and mutual sucIt was cour.^*" or less throughout the middle ages. 32. who were both millers and bakers. or practising the same art or handicraft. as Cicero complaius. restituta sunt. Navicularum or lightermen. Angurum. however. 42. both hereditary. of persons not of the same profesIn other Avords. Siieton vi Jul. Collegia non ea solum quae senatus sustulerat. derived no doubt from prescription in the Their privileges must in time have been abused. and'^re-^es- commercial condition of Rome. by Claudius. and "Ambajarum Collegia. The first was wholly religious. Stieton. c. in most cases at all events. and probably gave them the form which they retained more Augustus. "0 Collegia. etc.. 1 . is which had more or less of a probable. having the same occupation. etc. The trade corporations appear to have been included in the associations called Sodalitates. attributed to by some.CCVlll INTRODUCTION. and were again suppressed From a statement of Lampridius we learn Alexander Severus reorganized tlie whole of the colleges. Fahrorum. such as the great Roman burial societies. Clodius restored and increased them. members of a Collegium tates. in Aver c. thus implying that those previously existing were of a better class. for the senate abolished them ^'^•^' ^^S. privileges of first instance. Plin. i. Julius Caesar appears to have abolished all those created sevei-ar*^ times. Fratriim Arvalium. 3'' Cuncta collegia praeter antiquitusconstituta dlstraxit. that while the were Sodales. taken in connection with the passage from the laws show that the possession of land was one of the qualifications of at least master craftsmen. . the Collegium was originally a hereditary corporation of persons. Xlic word Collegium was applied to "^ JJ- Collegium applied to *7cor'"o''* ^^^^ll>^^^-^^^'^ two classes of corporai_ ^ tions.^" in later times they had a legal existence.. Pharmacopolae". there were many Sodali- which were composed sion or occupation. sed innumorabilia quaedam nova omni foece urbis ac servitio constituta. lib. xxxvi. augurs.'"® ffom among the slaves and dregs of the people. such as the Collegia Pistorum.'" They by that revived after his death. In Pisonem.?. such as the swuiities Collegia Pontificum. c. 2^' ^''^ Plutarch in Nuiua. . tlie Roman P i i ones abused or at least liave become incompatible with the >sociai and '- • i • . xxxvi.

and continued to separately co-exist during the first '^ centuries of the empire. that. unknown in Roman times. U* . There can be little doubt. to Aeliani. . or to be a Corporaiio. especially in the Corporations des Arts et Metiers of France. The two the and confraternities existed wholly were. German number of associations distinguished name of gilds. however. and differed therefore in nothing but in their antiquity from the ancient colleges of priests or augurs. Antonini. Similar associations appear to have been numerous among the working classes of IxNT. the workmen of a — trade corporation selected a patron saint and formed a pious association. Rome about the same period. .^" and. It became so powerful and pos- sessed such influence in the beginning of the fifth century that it was made the subject of an Edict of Theodosius. and with the rise of the Christian states attained a developement and a power. survived the 1 • 1 1 p 11 fall of the empire 1 • m • Koman Empire. etc. unconnected with trades. an order of persons instituted priests or religious by Tiberius . Many of these Sodalities were probably composed of priests. they were distinct in origin. whose They may be origin and objects were. like them. on the survived the . however. The ConfrSries or Confraternities may be looked upon as the Christian successors of the Sodalitates. Iladrianales. and there seems no the Christian Sodalities arose directly reason to doubt that out of the pagan ones. diffeconveniently classified into religious gilds. Avere sometimes conjoined with a trade corporation that is. every country where the Roman power had subsisted sufficiently long to develope Roman municipalities. nations there existed during the middle The meaieby the collective Among ages a rent. though often confounded and having their functions united in the same body. however. '^^ As early as the third century a great Christian confraternity existed in Alexandria for attending to the sick. The collecfes of priests and aucfurs were of course suppressed The trade V colleges when the empire became Christian the trade colleges. Among these religious associations were the Sodales Augusfales. though all the rights of the corporation of a Collegium may have been enjoyed by the Sodales of a Sodalitas. Augustus and the Julia Gens attend to the worship of the Sodales Flavii. other hand.INTRODUCTION the CCLX Collegium that in the first instance could be said corpus habere. distinct in origin and design.

The lay gilds consisted of the gilds. and like them were the successors of the first ChrisThe formed upon the Roman pagan models. as well as the and protection of their crafts. Gilds of the Kalenders continued to exist even ings held several times in the year. The former gild-merchants or townrepresented on the one hand the protective or true gilds. craftsmen were of course originally Ofilds. the wants of the handicraftsmen but as tlie burghers grew as Craft. nected with their functions.Gilds. INTRODUCTION gilds. whence came the name. In other cases where in consequence of the special development of handicrafts. associations of or handicraftsmen for the regulation craft-gilds These craft-gilds. the origin of which I am about to discuss. the trade associations or In some cases gild -merchants were protective gilds collegia. or which had gradually arisen. which had been modified accordincr as the orimnal free bursh developed into a city. the Gilds of Kalende's raternities of Chi istian find The gilds of kalenders and the Con of Christian origin. for the transaction of business con- Confraternities. . and lay or worldly Tlie former consisted of the " Kal- andsgilden". or neighbouring noble families got hold of the government of the city. which were associations of priests. and the pious brotherhoods. were called confraternities are clearly Zunfte. who met on the Kalends of each month. but founded upon and indeed must have been introduced in orgin Roman pagan models. among the Pro- testant pastors long after the Reformation in the GiW-MerS chants . naturally led to the rise of associations which may be regarded the revival of the original trade corporation which had In this way arose many of tlie in the town-gild. or "Frommen Bruderschaften". who represented the " Confieries" tian sodalities of France. merged original trade corporations from which they sprung. many cases into . form of meet- and the craft-gilds. and on the other. or Gilds of tlie Kalenders. as a protection against the oppressions of the or against that of patrician families. its government vested in the a one town grew up or more corporation or society formed by the craftsmen. members of the town- wealthy and acquired aristocratic pretensions. and this in The free handiprocess of time became a mere civic body.ccx The Gilds of the Kalenlers. in the towns of lords latter.

In we have " de sacramentis celebrari debeant. cap is 7). in which he points out what he thinks to be their proper functions. dew. 16. Gaul and Italy. _ Zilnfte. et utilitatcm. fade rations of R"mHu population ^ ^ became dense enough such associations origin .ions des At^ts et Metiers of France are imitations of the Roman institutions of the same class. t.'*' and blames their abuses. Archbishop of Rheims. or trade corporations in tlic true sense of the could only nave arisen in countries where the • corpoword. . etc. ed. 17. a it de incenJio. althougrh the gei'ms of be traced amonar all the earlier nations to of Europe in the privileges enjoyed by the armourer. of the year 858. That these gilds were essentially lay institutions. and along sworn his not using the term Geldonia soeie- the coast.y cap. quando per kalendas inter se couveniuut". the the There seems little doubt goldsmith. ut nemo facere Alio vero modo de ilhrum eleeniosinis. In a Frankish capitulary of the year 779.«. the builder. . whether for religious or trade purposes.x. Labbei concilia. illicita collectione". But besides the two classes of associations. CCXl Germany ' froiTi the \ Romanized ^ countries. p.e. Sacramentis per gilJonia invicem conjurantibus. aut de in the firsi quamvis convenentias faciaut. quantum ad auctoritatem. atque ratioiicra pertinet: ultra autem nemo. which 3!" '• glossed " i. is and to be distino-uished from the associations of when fully proved by he mentions in another place meetings of priests on the Kalends. tantum fiat. there existed another class Avhich without being These peculiar to ancient Germany. . were native institutions. neque sacerdus.. ^* " Quid cavenJum sit presbj teris. that the Zilnfte. capitulary of Hincmar. . doubt Gilds. 4r. were the true gilds. 15. quas geldonias vel confratrias vulgo vocant. sculptor. De confratriis earumque conventibus quomodo Ut de coUectis. " De prae^umat naufragio. the reliirious projective or true Gilds. may form towns. Coleti. hoc jurare praesumat".INTRODUCTION. et nunc scriptis expresse praecipimus. priests. confraternities and the trade corporations. cap. in parucliia nostra progredi au leat '. which are not of German origin.^*" The word again occurs in a.^®^ The sworn association of serfs in Flanders. etc. denounced 380 m a capitulary or Louis le Debonnaire.. whence the name came to be extended to all other associations. — Ibid. per gildoniam". which were without^''''''"'"' . neque fidelis quisqtiaiii. like the Cot'poraf.. sicut jam verbis monuimu. nemo book of the Lombard law (tit. the word G^«7f/on?a the Frani^'sh or Geldonia occurs for sworn associations.

^^* 38S p. do the two references relate to one document "• Lib. quod cujuscumque hujuscemodi conjurationem facere praesumpserint postquam eis haec sciant ipsi Et ut nostra jusso fuerit indicata. I there seems no reason to doubt. Confratriae. ? . Prof. members of associations like Gilds. we find the term gild applied not only to true descendants »83 7 « De in caeteris maritimis locis. 445. '^^ The CoUectae. and were . which in the time of Athelstane became united into one powerful gild. Migne. these Collectae are of the same kind as those denounced by Hincmar two hundred years later. these gilds afforded to their members that kind of mutual security which was known as Collective Frankpledge. Moke. were no doubt gilds. for. cit.. 146). not only because they existed among serfs. of the year 821. ipse dominus persolvere debeat". Kervyn de Lettenhoven has well remarked. id est sexaginta solidos. 39. servorum illorum.^®^ i Adam of Bremen speaks j. Gegii- In the Anglo-Saxon laws of Ine the word Gegilda in connection with the legal protection of strangers. Pierre of tion the existence of a partnership of fifty Frisian Con' inec o of jurati sodaies.) Ed. of a association of nobles under the name of Conjurati of Sodales formed for the purpose discovery in northern countries. Capitular e ad Theodonis villam (an. some "^ . bannum nostrum. institutions Several of these gilds developed later on into great political like those of London. La Belgique Ancienne. iv.^^* The Flemish ° gilds are Gilds. In another place (p. or commercial objects. servi ne ultra tales conjurationes facere eorundem servorum domini. 269. Still later on. p. the culture in common of polder-land was an Are these two cases of the working of polder-land. as particularly interesting. those known at a later period as Frith As have be- fore stated. but because they were not held in great cities. occurs Gegildan. though not called so in the capitulary. ut constringant praesumant. ch. loc. but for mutual defence. Frisian Ghent of about the year 830 menmembers for the work- polder-land. Moke. Moke says that according to a charter of St. conjurationibus servorum quae fiunt in Flandris et Menpisco et volumus ut per missos nostros indicetur dominis eos..s. ^^^ A.eexil INTRODUCTION. Thus the privileges of the Abbey of St. or object of such gilds. Bavon. for agricultural or not founded for religious purposes. or Consortiae condemned by the Council of Nantes in the year 656 were also Flemish Gilds of great In- M. 821 oct. were Friih Gilds.

Enjjiand were introduced thence into Denmark before the Danes were converted to Christianity. and. were favourable in England to the development not only of true gilds. the gild of the clergy of Canterbury mentioned in Domesday Book was a gild of kalenders. to the opinion that they first arose in England. of tlie Fritli CCXiii Gilds. statutes of any association called a gild now known. are not older than the end of the tenth or the beginning of the eleventh century. and perhaps in Scandinavia in late pagan times . example's sake". its Authors who treat of the subject of gilds. or gilds of kalen- and of tlie the Confriiries or confraternities. but these times bring us far into the Christian period in England. even when they Supposed do not make any distinction between true gilds and the craft of Giids. while the gild in Exeter established " for God's love and their souls' need". both of the The term craft-gilds. and religious gilds. Circumstances. The importance to which the Gilds had attained in England Gilds sup..INTRODUCTION. but also to trade corporations. representing the class of gild-merchants and German and •''^^i '" Zunfte and the French Corporations des Arts ders. and even these are not statutes of true gilds. laity. but likewise of analogous industrial and religious asso- . et Metiers. There is sufficient evidence of the existence of associations called by the name of gild in Denmark. gild applied after it had lost Richard the Second original special meaning. the gild established in the time of at Norwich. and acquired the general signification of an association or band of persons. has led Wilda. one of the principal writers on gilds. great Gilds in Denmark pation of England. coupled with the rapid rise ofhaveorisiabout the period of the Danish occu. are clearly to which the name was sodalities. as the laws of Ine are anterior to factorily settle The earliest the capitulary of Charlemagne of the year 779. as early as the time of Canute. in honour of St Georsre the " for and similar associations martyr. and consequently this evidence does not satis- the question as to the pagan origin of gilds. or The gild of weavers of London was a craft-gild. carry back their origin to the remotest German and Scandinavian heathen times. it is true. "'•'"^^'"i'""*- lastly to religious associations of the clergy. Indeed the oldest direct evidence on the subject of gilds hitherto known is English.

that gildships among the serfs are not only denounced. That the insignifi- cant native Danish gilds should have received an impulse by contact of some of their members with those of the great English Frith Gilds. gildships grew up rapidly forl^^i'^is"'^ opinion. .(. There cxists also a general belief that ffilds were rise . It would indeed be strange if an organization which had become . tlie despotic governments of Charlemagne and Louis his successors strove to crush the of such free associations. and accounts for the of the great Danish protective gilds. and developed into free institutions in England there is.n im IJillelallcr. coimecttd With the banquets which the Germans and Scandinavians are said to have coiiibined with certain ritualistic drinkin(!f . to P _ p somehow the solemnities on the occasion of important family events such.. p. tween Gilds and banquets.^^' also. cxcvii. they certainly checked their development to such an extent that the trade corporations and confraternities which grew up later seem to have been formed rather on the Gaulish or Roman German institutions. and he promised to The Braga cup was do some noble action worthy of his forefathers. note 358. 2-3. as to ibe Irish FUda Comhadhasa. 3" Wilda. Das Gildenicei. type than on that of the old Although there can be no doubt that while the Carlovingian emperors were crushing out the spirit of free association under the despotic rule of an organized and centralized feudalism. p. handed him. INTRODUCTION Oil tlie otlier hand.. nevertheless. drained the cup. See ante. as feasts given when the heir was about to enter into possession of his ancestral property.. . of the year 821. but the lords are commanded under a threat of penalties to suppress them. subsequent Alleged connection he- is natural enough. should have been introduced and taken root rapidly among pagans so very hostile to Christianity as were the Danes. but especially on high festivals on which they were accustomed to offer to the gods. We development have seen in the capitulary of le Debonnaire.CCXIV ciations. no ground for making the latter the birth-place of institutions the germs of which existed among all Aryan peoples. and ascended his father's chair. . Such solemnities were observed in other assemblies Avhich afforded suitable occasion. so interwoven with Christian practices in England. If they did not succeed in entirely suppressing theui.

The etymology °'' . one gild the name of which possibly suggests a banquet as the original object. c 136. The religious worship of the AngloSaxons and other Germanic and Scandinavian nations was not. would tend rather to mark the exceptional character of the connection between gilds and banquets. Hdvamdl 148. is obscure. tribute is rendered by gild.. but apparently not meaning. payment of tribute in Olafs Saya hin's hehja. Anglo-Saxon oldest example of the word Gild witli the affords us the meaning of an association of persons. gives ui the idea of money as in the New High German Gdd. occur in Beowulf. a gift alwa3's looks for a regard. the connection here suggested — — a as in one case only. in the . exist. . connect this word with the Norse Veitsla or Veizla. 21-2.. the Hezlagli o'' Sleswig. asy ser til gildis ijjijf. if we may feast. an diis omnia tributa cederent. it means a drinking feast. There is. and Gildscipe. Norse the corresponding word gildi has the same In some of the Saga. The feasts were not the objects. potus Odinis. a supposing distinctive But the use of to this term. Skaltgildi. so highly organized as to have. altliough the verb gyldan is used ^^ As in etSr skyldu gotSin oil gildi eiga. a gulldship. and frequently happened that the original object of places.^®* in the Edda. brotherhoods for the special practice of rites. tlioiight Giiinm the however. however. ^opov. CCXV name gild to be connoctcrl with the pagan sacrificial fea?ts. may have a gild was lost sight of owinsr to chancres in the circumstances of the times or and that the banquets of the gild-brothers became the chief purpose of the gild. 3*' Ganta Gildi. but the consequences. InGiidthe Gothic Bible. of the association of associated together for men in gilds it When men was natural it some definite purpose. but I think ItEtymoiocy of the word can help us in tracing the true origin of the Institution.INTRODUCTION. than to show that the former had for principal object name the latter. of the word Gild . a companion. Kormak's Saga. to commemorate the event by a banquet. These words do not. . which show that the application of the word to a brotherhood was fully established. in addition to a priesthood. it has also Gilda. Vohispa. 21.^^^ which Is ceroldest tainly a secondary meaning. like the Roman sodalities. .

their chief legal purposes by pledge Congilda or Aithech ar a tht'eha. a links. in the laws of Henry 25' (Lxxv. etc. all were collectively respon- and were represented for fines. . the true origin of gilds. the word gilt or gelt to gi'aze. clxxvil. the members of a Gild. to pay. to pay. gialda. however. however. The head of such an as" sociation or of a comorbship" was called the Aithech comaide. for all and etc . which I have described in a former section. the associations or partnerships called a Comaitches. namely. the father or chief of the Comaithches established by the association.. or in companionship in war. is translated Congildones. So far as these comparisons go. a pledge or seAs has been already curity. pledge or security. etc. and congilt. its mode of payment. to be pledge or security.*^' Comorbship" tenancy gave a pledge sible for the fidfilment of his share of the duties of the co-partnership. already mentioned that the term Fearan Congilta Fine was applied to of the tribe land occupied by freemen who formed that part * . § 10). but in something connected with tribute. note 320. who acted for them as bail. I. or with the medium of payment generally.CCXVl in INTRODUCTION it in the same sense as the Gothic verb gilden. each member of a " and of a co- explained. There number of words in Irish which supply the etc. of collective origmal idea. that is. This partnership was also called a Congilda. The word fogelt which has been already explained as the cost of grazing cattle under distraint. It is in this twofold sense of individual and collec- responsibility that the Teutonic words came to mean The Irish preserves not merely the tribute. all these words. to co-graze. and fully are. . It is not easy to see at first the connection of tribute. with an association of persons. money. . witness. but the tive '^^ Gegildan. Etymoiopy word I have explain. the idea of grazing is secondary. of the Gild. clearly gilda^'^ was an association or partnership shows that a Confor In co-grazing. tributes. p. the original meaning is connected with gial. See Ante. as I believe. compurgator. they appear to me to prove that the origin of the Gild is not to be sought for in the practice of religious rites.

Kemble has of the ffild. The only meanings which the root gi/ld enables us to attach We word gegylda. CCXVll mode in which ^^'^ this collective pledge was effected. Fremi>io-8 tiiat fi-^s/i/- co-grazing. they for religious. but of political bodies of Kemble not correct. bail or pledge for one another in the laws of Alfred. In the and privileges were aUke inherent.ijaceji tii-^^^ and argues that the manner i-^t'on. or funeral objects. But this we cannot further illustrate in the absence of all record of the financial system of the . and the a voluntary act . or funeral objects. and for the purposes of this law we must look upon gegylda as a general name borne by every individual in respect of some gyld or association of which he was taken to be a member. If wo adopt the former rendering. Maegth. who were mutually v. MM.INTRODUCTION.) natural family the responsifamily or partnership. ' to suo-crested that mentioned in the Gegildan. therefore. sociations formed for religious. in the artificial the formation of a partnership. II § 27. collective Frankpledge of later. 333 391 LL. construe it of voluntary asevery man to have such. but on the contrary assumes it . to the or. brothers or fellows laws. perfectly clear that a law expressed in such general terms as these. Now cannot. namely. were the assoAnglo-Saxon ^ dan em- Tithing and the Hundred. social. It was an artificial family. partly as a mutual guarantee and club fund for legal costs. a member. partly for festive purposes. for the expenses of reciprocal aid and defence. to some extent the double meaning of payp. who shares with others in loorshipping. cannot be directed to a particular and exceptional condition that it does not refer to the accidental existence of gegylden. that such gegylden may have been jointly responsible for taxts or the outfit of armed men who attended in the fyrd or military expedition on behalf of them all.''" be which every man should necessarily the artiwith here confounds the natural family {Fine. is Ancient Laivs and Institutes of England. one Another though a perhaps less probable suggestion is.'^'*^ shows mentioned in which they are of members were not that voluntary associations formed ciates in the . it was always however accompanied by legal While the gild then afforded the same kind of mutual security as the family in ancient times. intended to ^'2 The English yield transmits ment or tribute and grazing. family these depended upon which in very ancient times was only to a certain extent ficial bilities formalities. times it should not be confounded with either. are these: either. 35. one who shares luiih others in paying . we must suppose that certain contributions were made by a number of persons to a common purse. social. perhaps even for mortuary celebrations and charitable distributions.

hen eine uth frombden linden sich in einem Carspel nedergelaten unnd in ein geschlechte sich begeven unde tho befrunden begeret. upgesettet. all the dependi-nts. Bd. and look upon gegyldan as representing those tually pay for one another. mic schonen Ilerteken unnd wapen geziret. No person state. =^^^ tells us that these Families had among themselves great confederacies._the associates in the tithing aud the hundred". Handel und Wandelss gebracht. bi demsulven. and that no trace of any such worship remains in our heathen mythology. Frie. The people of DItmarsch. was a subdivision of the Cinel. it did not include. I therefore prefer the dering of the word. race. just as the Irish Fines. but the existence of any such foundation for the gyld among the sumption of some private and as Anglo-Saxons is extremely improbable. is. Families The whole political organization of the country was based upon those Houses. •'3^ The Irish SUocht. in his Chronicle of DItmarsch. Neocorus. so van undenklic- umme ehrer Uprichticheit unndehrlichenDaden willen. Johau Adolfi's genannt Neocorus. divided into Schladiten (Irish Slioche'') that Is. unnd alle wehrhaffte manschop des gauzen geschlechtes wol hedden seinethalven sich in Gefahren Livess unnd leveudes gestocken unnd tho velde getagen". be a citizen of the Kluffte. vol. which would have been invaluable guides to us through the intricacies of this dark not a member of a Family could The Families were subdivided into Cla)id was made up of a number of subject of inquiry. Chronik des Landes Ditma/schen. ock nicht geringer geachtet also ehren negasten augebornen Hud Frundt.h. unnd Har wen he sick . Ancient oruauization of supply to the poorer members of the community the Important advantages of the true family. etc. when we consider the small numbers that appear to have constituted the association. i. ja ehnen unnd se wedderumme ehme mit truwen unde Eiden.CCXVm INTRODUCTION.nd. ock den allergeringsten unde aermesten nicht tho vorlaten. Ira Falle nun hen Jahren hero. like the clan. 206. herkomendes. common to the gyld-brothers. Kemble. as much as the old Irish organization or Houses. a fact familiar enough to us in the Athenian <pv\ai and Roman gentes. 1829. 238. early Teutonic monarchs. Kiel. 39S " It sin in idem Carspelen herliche olde Geschlechte. schriftlich. i. laten. pp. that is under a system of pecuniary first ren- who mu- who mulcts. de under sich in sonderliche Erodertembte edder Kluffte gedelet unde under sick grote Verbundnisse geliatt.were was upon the clan. and being etrictly genealogical. 240. The Saxons in England. even those of Charlemagne himself. herlic. as I have already mentioned. those are mutually responsible before the la\v. edder ock bestendig unde muntlich intiigen hebben se densulven vor einen veddern dess Geschlechtes angenhamen. so ehn jemant vorunrechten und belastigen wolde. de eine den anderen. The second meaning given it to gegylda would rest upon the as- were hero-worship. heraut^gegeben von Dahlmann. wen desulve ehrllche undadelhafte Tuchnisse seiner ehrlichen gebort. wo die Veddern sembtlich under sich verbunden.

as already mentioned. Denmark .Later dric 1 T T 11 cliaracter of while the rural origin 1 nave assigned to them would giuis com tions. with the old Irish laws.. this view. I am convinced. appears to look upon these gilds as identical with the were organized like gildas. of such associations in the great strengthened by the existence grazing polder-lands of Flanders. schen Veiterscliiift) marsch is the Irish Fine in its limited sense as 1 . cii. among them some »" Op. frequently mentioned in the Frisian law3. origin. compared with the statutes of gilds. or rather that the Klnffte The statute of the family of Raverte in Fehmarn {der Ravertalso which was originally from Ditmarsch. in the Menpiscus. the confederacies artificial are partnerships. consign ^ . especially of those relating to gilds and co-partnership grazing. A comparison between the Frisian and Flemish laws and custumals. but forminof an essential feature of the social orofanization. indeed. in. may • • 1 • 1 them to villages. would. throw a flood of light not only on the origin of the gilds. I may also add that the old Flemish laws include regulations for the culture in common of the polders. • relationship between the Ditmarsch and Irish organizaand the mention of sworn gilds in the Frisian laws. CO partnerships. Wilda thinks. andamrai . Kliiffte. not only under the sanction of the law. drawn although only up in the form we possess it in the when seventeenth century. must necessarily resemble the Klufft to or Fine to such an extent as to have led to their being con- founded. CCXIX WilJa*^' thinks the associations were sworn gilds. 1 1 which were no other than Neocorus' " grote V erbundnisse". . The tions. and It is further exerting a considerable influence upon the state. that attained celebrity. It on the early be objected that we find the gilds as civic institu. several gilds. strongly support the view that gilds were originally grazing -vT 1 TT 1 1 • relation betweeTi it and that of Ireland. but social organization of north-west Europe. which being have said Fines intended supply by association the place of the true family succour and responsibility.INTRODUCTION. were not located in 58-Gl. and along the coast of the North Sea. The Klufft of Ditstrengthens. the latter He being.

that their name first appears. cit. shows the erroneous character of the theory ofequality among the Germans. and that the artizans formed associations. ancient society is shown to have been composed of three classes whose tions. ^^^ It is always assumed that feudalism was altogether foreign to the laws and customs of the peoples just alluded to. and the country from membership. op. in Sonderherred. 3" The words Germans and Germanic are used here as a collective designation for the Germans proper. Om gamle danske Retsadvaner. In the curious poem of the Rigsmal. when the sole was occupation of the people agriculture. it was onlv when a burgh grew up. and that the so-called Celtic peoples had no fixed property in land indeed in any thing according to some. 222. disadvantages to historical inquiry of the neglect of the °^ *^^® institutions and customs of the so-called ^^^'^^y Celtic are no where more seen than in the P^oples. in Sioberg. already referred to. bringing with them the traditions of the corporations of Romanized towns. Wilda.CCXX cities. and many other places^^^ Those which were located in exclude persons living in the as long as gilds were merely rural partnerships for mutual pledge and assistance. and knew no ImShe m^nT ^""-aristocracy. and all outlying branches of the tAvo great stems. p. cities in Denmark did not But gilds acquired more importance. ORIGIN OF THE TERM " FEUD". example. Thenceforward they lose all trace of their primitive type. investigation of Feudalism. "^^^^ sources of this opinion were chiefly the baseless assumpfheTyof' *^°^^' *^^* ^^^ Germans were freemen and equal. as for INTRODUCnON. 56. or forming gilds in imitation of the old rural ones. as I have before described. and become essentially civic institutions. if not the oldest.. the elder or poetic mythical unfolded in the account of the birth and education of It is indeed diflacult to conceive how Jarl. origin is 398 Scblegel. in Laaland. and Thrael.''^* One of the oldest. they could not attract attention or find a place in history. 58. ceitlfian- fSuHn of feudalism. the origin and very name of which are still obscure. monument of Germanic tradi- — Edda of Saemund.m. Karl. the Scandinavians. . AND RELATION OF THE IRISH LAND-SYSTEM TO FEUDALISM.

for laico. Some derived it from that fides. wages. the owner of the fe-ud. /go/i. thus al-auSr al-6d.^^^ feodum in the ninth century. as in ladico session. up . O.Paicrave's objections . fehu^ new high German cattle. Teutonic tongues. that is. whole lordship that is.-Sax. op. the owner andfe-au'S =. It would certainly bo strange if people coined a word out of foreign elements. feod or usufruct of the land. as property in cattle. a feud Others again tell us vehd. from the Old High German ^i/m. while the idea they wished to express was already represented by in the ^5° *J^ an appropriate word which they might have easily borrowed language from which they borrowed the materials Palgrave doubts whether such a word ever existed. possession estate. vieJi. modern French and English fief) verb fieti (whence 'Exewch fieffer. cit. of the al-od had the whole lordship. that the Germans had no aristocracy. of or od. This etymology has been improved upon by taking feo in what is considered its original sense of cattle. of both alod and feod. . .. loan land. Teu. Norse /^. German it is made others prefer the Alemannisch or dissension. to feoff. ¥vom fieu. : = — . Middle at all High German lehen. The attempts to determine the etymology of " feud" or the Hypotheses the vague ideas which prevailed etymology hypothetical "feudum". English /eg. Munch^"' gives a very plausible explanation etc. cit. show and still prevail as to the origin of feudalism. what- ever they may have been in prehistoric times. ccvii. the usufruct only. tonic derivation of feud are contradicted by the practice of thetoti^em. the foregoing that within the reach of written pages contain enough to show or traditional history such a state of things did not exist. In all these languages the terms used are cognate forms of the Anglo-Saxon loen. the d being euphonic. that is. came the medieval Latin feudum. 176. and feo. Op. or the Provencal feu.INTRODUCTION. or fidelltas faide. CCXXl arisen. Dletz's explanation may be summarized thus: O French fiever. the error. Palo-rave very iustly observes that the theories of the " '' . p. or focdus. for in no Teutonic or Gothic language what- ever is a feud or fief called by any such name. could have As to the special communistic habits of the Celts. from Gothic faihii^ pos- Ang. or even by any name approaching thereto.

cum filiis ejus et filiabus omnique progenie. of his successors. the former was however ascribed to the glebe. arose out of a colloquial abbreviation of the It Greek Einjyhi/tensis (pronounced contracted into pJiitef or Jitef. fevodium. or Leodi. mto Jief. without knowing much of the strange language. people. The Litus probably corresponed to the Iiish Daer C€ile. and I may add. 402 Essential principle of a feud. Imluada. cit. his proposed etymology of feud than any of his predecessors. and Tochomlad. and then emjyhyfefsis). Privileges granted by Otho. Thietsniden dictam. The Irish SIuai(/hte=Shluaite=Luaite. In Anglo-8axon the singular icbc? signifies a lord. that was land held by a limited. O. apud Schilt. the usufruct in the tenant. etc.G. Leudi. Lassi. the Leudes of many medieval documents. 10. quas ex his per successura tempora fuerit procreata". anomalous linguistic process could not be pointed out in any European language. more fortunate in own attempt.G. "Donamus etiam ad hsec prjBfato archiepiscopo interventu Bernhardi ducis quasdam nostri juris mancipia IJtam. etc. Leode. The Lid. however. are examples of . he thinks. and could only be possible in the case of savages having to express perfectly new ideas in a language having a limited vocabulary.. and others by omitting the v into feofirst was du m. and who had. I think an instance of sucli an of the newly-coined word. sold as well as his children with the land . By the Saxon laws he is distinguished from the slaves (tit.. etc. §1). p. Angl.. L€ode. are evidently to be distinguished from the Leudes. Leg. c. and might be " Si Litus semetipsum propria pecunia adomino suo redimerit".H. or conditional being in the lord. tit. Sax. which some contracted into fevodum. I. de Caucis^ Libr. are cer- tainly related to the Ljeudi. Frisior. cvii. Archbishop of Bremen.. H. Ibid. Palgrave was not.. ccviii. in 977 to Adalgagus. viz.CCXXll INTRODUCTION. of a band of military chiefs and tribes another where they settled down.. 11. The essential it and fundamental principle of a territorial feud estate^"' —the property "02 '•"3 was. The Toc//o?«/ac? was an emigration from one country or territory into The emigration of the Deise from Tara and of Fergus from Ulster into Connaught. Leute. He suggests that fettdum. and could not leave without purchasing his freedom. of both classes. caught up a few characteristic not more fortunate in his terms from it. 13. the oldest form of which was. notwithstanding the apparent similarity of the names. p *°* Laeti. the lord being responsible for the crimes. N. considers that the origin of feudal teniire may be traced Palgrave to the grants made by the Romans to the barbarian Laeti*"* Op. into Munster. afterwards Latinized into fevodiian.

term.cdconnection with land. several ancient talcs included under this . This class of estates corresponded. "Precarium". as the usufruct of land upon request from the owner. Roman law be " According of to Savigny. i J Pi . A permission to tlie same time that the grantor retained the Precarium was thus a limited estate in land. service. given a portion of the Ager created in this by a patron to his client. were the same. but under the empire it benefice of this kind was registered in a book called Libfr a ^ _ originally included a gift was extended to such gifts. the feud or benefice was a life estate. The lands held by The lands the Fuidirs in Ireland corresponded exactly with the ^ such Toihoiulada. of feudalism did not constitute its principle ^ . though inseparably connected with property. In principle. or Pracstitae.. and a pro. The estates to be called Prestariae. with the to the grantee. or honour conferred it if not pro- a benefice. rrestanae came way because the occupation only of tlie land passed from the grantor tae. " . Precariae. never constituted essential character of the tenure. the enjoy the usufruct of which might under the recalled at any time. limitation to be presently mentioned. however important they may have become in the later history of the system. or imparted the Original Rome meiininaof The term times of "beneficium". exclusively. Essential piiiiciple of - duties.a minent feature. tenant undertook the duty of learning the use of arms But these and was boimd to take an oath of fidelity. Avhich might be definedrium". upon It is uncertain whether A of land. to the Anglo-Saxon Loena or loan. exemption from soldiers. tations or feuds descended only to the male heir of the donce^ and coidd not be alienated new Eadi to a non-military tenant. or by his . the Beneficia. Nature of another term in " Tlie Roman law employed Beredciorum.hinds.INTROEUCTIOX. its true basis. in the republican ^ ^ _ appears to have meant motion. p. . Materials of Irish History. was the use origin of the Precarium Pubhcus*'. CCXXIU or Ripuarian territories. - PeuJ. which I have above stated. chiefly. therefore.> _ tacit permission. Prestitae. and F'cuds. but were merely adjuncts. . Tliere ai'C Roman /^!«'rf"^'«ero Precariae. upon occiipying the Timitanean These dothe condition of performing military service. at the property. except tliat while the possession of the Precariae might bo rcumed at any time.592. See O'Corry's MS. which.

as Pal- grave has suggested. that the possessor of the "sors". that any military service was reserved to the state. They received Sortes" or allotments of the land And that the Avliich tlic lords usually granted as Praecariae. ornaments. indeed. and somctimcs merely military service. and had already been more or less developed among Romans. Inasmuch as the Fuidirs vvlll. the Irish free CSiles. nor.. to settle in the Roman provinces. cattle. lastly. or grants of lands. ana dues essentially development of the mediaeval feudal system. that any compact was made with the senior. benefice. quitc true that the germ of feudality did not develope itself in this Way.CCXXIV Precariae.^*^^ and that the is were allodial. being life " Beneficium" existence of the two types. was specially bound paigrave's Sortes-' in respect thereof to render any homage to his supe" sortes" It were. they wcro vassals of the lord. Lo«»-iands. "5 Op. Gauls. cit. and rendered homage. corresponded to the Anglo-Saxon Zo^n-lands. suggests the co-existence of the two types in Gaul and Germany before the The Clients. themselves. . allodial. legionaries one -third of the house was allotted to them. pying it they were called mans introduced some modifications of the the Roman when began The barbirian "sortes". or. district. and Germans alike. on the other hand. were The lands held by -^ were absokitely tenants-atthe free Ceiles. m . rior". were essentially the same full The Roman : thesami. the terms of the grant sometimes including a certain tribute or The German rent.. that is " hospites". by which they called Palgrave considers that the germ of feudality is not to be found in this system. the " and the Precarium" in the Irish land system. because that germ had always existed among the European Aryans. any presumption. the German Laeti or Leudi. which might have been armour. " Clientes" having Beneficiae. Under in a were billeted law. estates. But it is not pp. it is probable. that "there is no evidence. and while so occu" When the barbarians hospites". The conquest of conoiiGsts modified the Gaul and other provinces of the Roman empire by the Geri j Benefice. that it was at first under a kind of Roman " hospitation. 499-500. or other moveable property. in reality. or "lot". Lands of Ceiles INTRODUCTION.. and received Beneficiae. arrangement was looked upon as a temporary one is shown by the name " guests".

they must have been. to escape allegiance INT. to a great The tenure of the Laetic grant extent.irian llos- ^ar- was oblisred to receive a " fjuest". which. or as a measure of security voluntarily became so themselves. sure he looked upon his "guest" as a Fuiclir. all the inhabitants were therefore treated as Fuidirs. the soldiers are admonished to fight for to foreign or strange lords freedom and independence. by substituting of evading the prescriptive rights of the occupiers. In most cases. in the same way that the allocations . and that many guests were so treated there can be no doubt.ndi. and consequently must have fallen in great part into the hands of the State. CCXXV When a Gaulish lord J''e D. of the Flaths to their free Ceiles did from those to their Fuidlrs. how- ever. The svstem of Laetic grants appears to have differed from Tiie Laetic " grants. 15* . he gave him part of the land P'tes were which heretofore he had given to tenants-at-will. This was the new element introduced and it was one which modified to some was necessarily only a . Roman of the latter to the condition o^ Ftddirs. to whom the State regranted these lands The new came proprietors into possession without being bound by custom to respect the prescriptive if indeed any of them could have rights of previous occupiers — withstood the ruin produced by the barbaric invasions . extent the Gaulish and of the The gradual break-up this modified tenure extended empire naturally and lords new who were desirous very widely. The Ripuarian and Limitanean lands were they necessarily exposed to all the accidents of war.INTRODUCTION. what in IreWe may be land was called " Fearan fuidri\ or Fuidir-\d. correct to call these allotments allodium. .^"^ The latter process was rights 'in Vie- successfully followed in Ireland in comparatively ^"5 modern times. or war songs and battle-eve speeches the kings and chiefs of Erin. life one. and certainly treated him as such whenever he was able. and became independent lords. reduced all Evasion German customs. and so continued until reduced to the condition of vassals by some more powerful neighbours. But from the given. and must have been more or less wasted. of In all the ancient Rosea Catha. as it was made in order to obtain the military service of the grantee for the frontier. the "guests"' ejected the former owners. a special conditions under which the former were new element was introduced into the tenure by which were held. that of the "sors" or "lot".

is. Here wo have no need of introducing an euphonic c?. Vasseur is certainly a Breton form of the word Vavasseur. as resorting to foreign languages we have a word used to describe almost the very same kind of tenure already existing among the people where the word " feodum" and all the other forms of that term came first into use. the I do not kuow what was the Gaulish form of under the latter free. whence English Vavasor. Vavasseur. it is true. the term feud was that the conclusion planations strengthen Etymology of first vasor. French Vavasseicr. tlie vassal of a A Welsh proprietor man who himself owed fealty who extended to another till his protection. the The Spanish Gioaes-Gwesavwr. is Gwaesavwr. but at i^wzcZiV. was called a Gioaesav. and Vassal. 115-116. and The man portion of his land. and the reduction of the owners. as well as the great invasions Eogan Mor on the eve of the battle of Magh Leana. See Batih of the Cehic Society by Prof. they Origin of they have. where it may be traced througli all its stages. O'Curry. and vassal of a vassal. edited for . was . this it Trom would seem that many sions. Magh Leana. were ascribed to the glebe. is a good example of the class of speeches here alluded to. and base of the predatory incurproperly so called. between the ancient and modern in order to prevent the processes— under the ancient regime. and allowed him to build a house. had for object the possession of the land. that to a prince. simply Vasvessor and the Proven9al Vasvassor preserve almost the full rent. either to the posiThe speech of tion of hereditary rent paying occupiers or of mere Fiddirs. under a prmce of a feud or Vasseur was the holder or grantee the vassal or sovereign lord a Vavasor. a under protection The French was a Gwaesavior. Among the more important A y assal of those words are Vasseiir. Faidirs from going away.CCXXVl INTRODUCTION. man. of a vassal. been made the expense of all hold upon tlie land. There was one essential difference. however. from gioaesav and gwr. employed on Celtic ground. and Vassal. clature There are several other important terms of feudal nomenwhich can be more satisfactorily explained by means These exof the Irish customs than they have hitherto been. or of it for the elements of the term. but ' dum and must havo been very nearly the same as the Irish word. I have no doubt it was the true origin of the word Feodum. pp.

Vaisla the Veisla. Ante. cxxxiy. and not through the Norse. which cannot be satisfactorily explained from the Norse. or man of the Gwaesav would correspond to an Irish Saer Ceile. plural Veislumenn. and its relation to Vasseur and Vavasseur. one who affords his guarantee or protection. by Although these words originally meat and drink. Possibly Givas. "with it. Swedish Waislwnen. men.e. it is almost certain that the word Vassal has come through the Celtic forms. Waislumen vassal! dicti sunt.Tigi and the Welsh Gives. suffix. Latin vesc- The Welsh and Irish words signify food given as hence tribute.l the lord. ut est in Hirdskra. and Veisla were given by the vassal to by loid to VB<SS3. an adjective which has acquired a nominal meaning..*°^ being qualified by mathr. and gives land in return The ending -al in vassal may be an adjectival for Bes or Gives. Le. That is. Givaesavivr. It is evident from the foregoing and from what has been said in a Tribute of previous section^"® of the Irish Bes. a page. Gwas may be it the base of vassal. But when we consider where and when the word vassal first came into use. gave rise to vecligal tribute. or originally the part of the viclus due to the lord.INTRODUCTION. Juris The Hirdskra is a collection of ancient Norwegian VeizJa is from veita. 15* B . a vassal would be Veislu-ma^r. i. is itself related to Loccenius derives Vassal Gives. redditibus et fructibus pra^dii aut feudi. by some persons from Gwas. man. in kind *^^ owed to the lord. Gives. Holmb. et seq. and the words derived from or cognate appear to be related to Gives. certainly is not that of Vasseicr. and the word itself. 1674. as well as the word vassal. ponding to the Welsh Gwes-Tva. corresin vescor. implied they came to signify in time any the 407 lord to his retainers. and not. p. who paid Bes Tigi. Irish Bes. and as the Latin victus meat and drink. a page. in the same way that Welsh giv7% man. food tribute. so Vcizla also signified the food for a banquet. but Vavasseur. CCXXVU are derived compound.xic. that the Bes.by vassal to Tva. from Norse representative of Bes or Gives. "Vasallus ita dictus a vaisla. plural menn. and the dues or tribute court laws. and Gwaesav. as has heretofore been always assumed. The words just discussed. et inde Sueio-Gotk. has been supposed to be qualified by gwaes-aivl. as well as the form of the word itself. or Givaesav. consequently. namely meat and drink. to give.

by the Vasseur or the Vavasor to his lord. Germans. Rix. for they undertook to They bring into the field a certain number of armed men. that any of commonwealth were governed by a senate alone without a permanent head or chief. has progressed above every File. free man was bound to appear in arms i • among the ancient /-> l (jrauls. gloss expresses Cing. in Old High German. were quite as numerous as the kings of Tuaths in Ireland. The chief was called a Riq. the Herad kings of Sweden. case such exceptions must have been very rare. 3. clothes. and belonged Tiie Rig or chief. King. uses the title for the chiefs of Burhs or districts which probably corresponded to our Brugh Bhailes.C. and other European peoples. Konungr.^'" the first being Botli titles are also found in Old Norse o re- — Norsemen -yy-g g|jould not be led astray as to the importance and dignity of the personages anciently called by the titles of Rex. which corresponds with the Gaulish Rig-s or Rix. or arms. whether food. in Anglo- — Saxon he was Cyning. as that would have been did so ficial. in his version of Orosiue. dirather embarrassing than benerectly.. Rig. . by thinking of them as we do of modern kings. . who required Military seressential cliaracteiisticof vassal- Military service was not then the essential characteristic feature of vassalage. THE EXECUTIVE GOVERNMENT OF ANCIENT IRELAND. "» Vel. 213. Irish. 409 country in which the title was extensively used.e. Cyiang. indirectly. p. to remote times. In any as it would appear from Caesar was the case in Gaul. King Alfred. however. H.COXXVm rent or tribute paid INTRODUCTION.*"* The term Cinq n also occurs in Irish as : •/-»•• . MS. sometimes writ. the Latin Reg-s or Rex. The Kings or Chiefs. as or Tuatha of the ancient Irish know. a or. The corresponding personage among the German nations had different names eg. far as I There the states is no certain evidence. is corresponding titles among the it is a name for a man who ennobled by having been placed above what is ennobled. Rig. not to speak of war-kings and sea-kings. . English. equivalent man who has excelled every 3Ial [prince or king] a man who Chuninc. but an incident of the growth of large states. Britons. T.D. clothes and arms. the r rt i " of as an old it i. The greater vassals and Vavasors under the feudal system did not pay food tribute. Ireland was not the only etc. ouier names for the chief. cattle. as every meat and drink. and the liings of Fylks in Norway. ten shortly Ri. 18. ctc.

the king of one Tricha Ced".G.. was.C. gen. to rise Tliis title was given among the Irish only to those who excelled in — noble deeds. Brit. by Kuning (Libr.D.e. b. Luke (v. The above.H. MS. 101. or highest class of kings. Vel. and the second by Konungr. Gloss.e. p. a Rig Bidden. Ulphilas translates r/ye/xwu. H. Book of Ballymote. Cland Flathiusa.C. that is some one of family or hjn of illustrious origin. 166. kings.*" Rig was a generic term. Tuath.=cent). c. mid. by Ktndins. Irish Cing suggests the true origin of the word to progress. 88. tiie with Palgrave has suggested that it was connected op. only to those *'^ So among the Norsemen and Saxons. Gablach tary Ceilsitine to three Ri Tuatha". or in the sense English kin. and Ottfried has translated tlie centurion of the seventh chapter of St. i. ii. man. III. he was chief of one Tuath or Tricha of king was the Rig M6r Tuailia. 15. (vol. The kings of the three i. 79 a.INTRODUCTION. his own and three others. Tuath. lias been derived from hour or hon. but tlie old form would be cend. title king was given According to Ammianus Marcellinus.e. 5). Tricha Ced.e. H. Heune). 18.*^^ The second rank The king of horns. he is not entitled to be called a Rig Tuatha unless he gives the reward of volun*'* The Rig Buiden. 2. Corcortri. " And he is not a Rig [Mo'r^ Tuatha who has not three Ri Tuatha. Rig Bunad.. like the Latin " gencrosus". Vellum MS. Tricha Ced. and Hunno by Notker in the tenth century a name which reminds us of the Ilunones or Hunnones. Rig Rurech. the who had made great foreign expeditions. b. i. T. the Burgundians called their king by the general name of Hendinos (28. but it may be that kind and chun are &\so=hund in hundred. the kings of which owed him Ceilsinne. v. chief or head. fol. not cenn.. a. a. 2. Indeed the curious rhunna occurs in the Salic Law for hundred (Tit. called in the Crith Gahlacli. a ruler. and The first of those names implied that the high king of Eriu. or judges of Hundreds (Halthaus. This is exactly the old German Centenus (Jiend. Egerlon.e. or Ced. Mus. The following passage from the laws shows that the usual number was at least four. according to the Crith App. Tuatha. also called aking'*. or Rig Mdr Tuatha. a king of three or four Tuaths. . p. a territory. and included three ranks or classes of Different ^'The lowest of these was the Rig Tuatha. Chuninc with the root kin. *" Munch. Celtic Cenn. cit. This word is usually connected like the Norse Konungr or O. of" = Rig ben. MS. 5). and translated Hundredes Ealdor in Anglo-Saxon. ue. 3. CCXXIX The latter presented by Rik-ir. gen-us. T. b. or king of com- third. v. p. i. 15. The Ollamh of poetry has the same Enecland &s the king who has one whole Tuath.e. 23). was the Rig panies/'^ Cuicidh. 128. or provincial king.. the same centurion being called by Ulphilas Hundafaths. 502). 80).D. — *'3 " The king i. and Laigne [i. the O'Hara's country] of one Tuath.

. 10. Hundred was known pjye Jii also in Germany. with a full supply of Breacans (mottled garments) and Cuilce (royal garments)".e. a. Mdr that tlie M6r Tuath originally consisted of In any case the number of Tuaths in a Tuath.. — who before is Christ supposed of the country having been divided into — to have reigned about three centuries forming a pentarchy. Bede*'* mentions that the continental Saxons were governed ^^^^^ ^* different periods. must have we admit varied in time. Mus. Even assuming that the original pentarchy consisted of East and West Munster. or tribe king. p. Brit. ^^^^ by lords. 15. for not only did the single province of Munster contain as many Tuaths as any two of the other provinces together. Eccl. The Big Tuafha was represented of the Hundred Ealdorman ^y among the Anglo-Saxons. Mor Tuatha] hath the King of Eriu. cess of time. but the boundaries and extent of the original divisions must have been. in protwenty-five districts or dynasties. 14? . b. *^^ Hist. Alfred. MS. would represent 46 M6r Tuaths. whom he calls satraps. Egerton. instead of 25. considerably changed. 88. that the number of Tuaths in Ireland exceeds the number required to form tlie pentarchy. H. whatever it may have been originally. from wliom he receives rent and allegiance. 3. which is glossed Rig Treaba. in MS.CCXXX INTRODUCTIOX. 184. the number required to form the pentarchy. but the number of Tuaths in the whole of Ireland. so that we may assume that that was the name by which the ruler of the Centena or each Pagus having one king Anglo-Saxon of Bede's History.\. c. Connaught. 18. and sufficient supplies [of] that which is contributed equally in allegiance to him. and Ulster Meath conwe cannot sisting in the time of Ogdn of only one Tuath — — get over the difficulty just stated. or may it be connected with the Irish Sai Treab. unless seven Tuaths. . "^ Is this term borrowed from the name of the Persian governors. That some such division was made is probable. When war broke 4)5 « Tiiatha five provincial kings hath the king of a province [i. and consequently the number of the second class of kings under a provincial king must have been differtathl^th cn'heHnn died. he had five i¥Jr Tiiath kings under him/'^ and is doubtless connected with the ancient tradition referred to Ogdn Jllor. Leinster. in his translation into renders " satraps"*'' by Ealdorman.

Besides these three classes of kings. When the small Scandinavian kings united* for military purposes they also chose a leader. c. as I have already mentioned. and not In later times exclusively taken from among the kings. and the Er Toga electoga the Fylkir ted-chief. The Ard Rig corresponded to the British Gweledig. ^'^ ^^^ ^'® Gennania. which originally consisted of only one Tuath. was in very ancient times paramount king over the kings of Ilerada or Hundreds. the Hertug of the Belgians. Hofud-ing. or Er Coga. Rig Bidden or Mur This leader was the Dux Tuath king of the Irish. and in Ireland to whoever became king or Reeve of an English The EaWoihave said before. implies that the latter were elective. because. in Sweden. and the Anglo-Saxon Breiwalda. these magistrates cast lots as to CCXXXl who should be leader. Mor Tuath. -. was increased to eighteen. The kingdom of Meath. head. After the desertion of Tara. appears to have cor-Tnthing.INTRODUCTION. there was the paramount The ^rrf king. as the paramount king absorbed all the regal power of the sub-reguli. the office appears to have been confined to kings or ealdormen of Hundreds. the Anglo-Saxon Here. vii. responded to the 3I6r Tuath.*^^ The Ilerlugi. But we have no means or determining whether mg Mdr '• . was the executive officer of an Ealdorman who corresponded in rank and jurisdiction to the J/oV corresponded to the Tuath king. the Herizogo. of Upsala. The Gerefa as I — Hundred or Wapentake. battle chief. . and the Hertoge of the Old Saxons. before whom were brought all causes that could not be determined in the court of the of the —which. Ard Rig Erind. Dux. ^i> Tara was the appanage of the king of Tara. one of the provincial kings was usually paramount king.'"^ Tacitus' statement"'-' that the kings were selected for their nobility. of Tacitus. the former was the general of the levy of the whole Trithing. i. the latter sank into the condition of mere noblemen too early to leave after them suffi- cient traditional evidence of their character. or high king of Eriu.e. but which. who resided at until the middle of the seventh century. and the Duces or leaders for their virtue. The King . out. Ilertogi of the Alemanni. as the Irish king was. Her'tzoho of the Franks.Tho of the Scandinavians. under the title of Hofding. Trithing.

it is not clear whether the rulinsr chief nominated his successor or Tanaiste. analogous to the Anglo-Saxon Athelings or Clitones. we may assume that the elective Aires or representatives of co-heirships had also a voice in the selection. but by the the Bo-Aires Aives. being apparently electors as well as the Flaths or land owners. Germania. . Icinsr. lected as of whatever rank. may be paralleled by similar instances of a strict adhesion to the royal line in Ireland. the brother. at. so that they should be preserved in the memory of subject to the control of public opinion. neaiogies. all. The Woden. that the election members of the same family. he from was not the se- from people at large. that the strict law of tanistry When the latter was in force. vol. *2^ See Fair of Carman./ from father to son. . descendants and relatives of a king thus formed an exclusively royal class. and the Bavarian Agilo- story told by Tacitus^^^ of the Cherusci sending to Italy for a Romanized Cheruscan after the extinction of all the members of the royal family at home.. ii. however. and prevent family feuds.*^^ The Rig the Aires. vii. was practicallj confined to the so far existed.-. but Damna The Rig but confined families. and was called In the very the Tmiaiste. 16. sometimes succeeding. and be not elected by the people at large. xi. Tliis it was which made the preservation of the genea' . an heir or successor was nominated during the life-time of the king. or eligible members of the Flath or lord class. In order to avoid the evils of disputed The Rig was TheT-anaiste. Tlie office of Riq c or but. p. when revised and approved of. 545. and then submitted *^' Tacitus. The lence the Tiilne of ge. the descendants of fings. was elective: ' » ^ t'^'^r among the the German*''^' nations. If this were so. the general conventions of the states and provinces of Erin . logics 01 the royul houses so important.CCXXXU The office of Icing elec- INTROmiCTIOK. and is a development of later times. that each king chose his successor. . they were recited at the fairs. App. and lor this purpose they appear to have been critically examined and discussed at i /> i . times the royal authoritv early j j j appears to have been generally transmitted in a direct line succession. ' . or in other words. c. however. c. 65. hereditary principle. This would seem to show that the crown was bequeathed. *^* Annah.

The The election took . One *'^* half of the Anglo-Saxon king's Wergild belonged. and during three days discussed be the best should one elected the Theoretically. Foradh. maim or defect. Lingua Latina. : Forum . worthy of notice that of the among all the kings of the Germanic nations. they do Eig place set apart for that purpose. down in the laws. or surety. are almost certainly cognate with the Irish Forus and Foradh. . or witness. the Wergild of the Anglo-Saxons. qualifications of a candidate by right of blood. accom- panied by in their respective adherents. that is. carefully laid word. those Anglo-Saxons were the only ones who had a distinct Whether they formed a real exception in this Wergild. which appears to have been the Forus*^* or office otticial for all elections. He could act as bail. therefore.- election of oflicials of the Flath class took place at the resi- at dence of the Bruighfer. entitled the merits of the Bimighfer.iac-. et quae vendere vellent. The candidates. Euglish Fair.IXTIIODUCTION his CCXXXIU name for confirmation to the electors. or honour-price. except in degree. a The power and duties were all umiteu rights. respect. be the son JJamna Rig class. or that the Tanaiste lefral was elected without any participation of the chief. his election took place also at the house of the Bindghfer. king were similar he should be of the I do not know whether of a family equal to that of a king. When at publicly proclaimed at a and inaugurated a general public assembly. and. De. the place of assembly at Tara. and Enedand called to the special damages It is to Dire. but elected he was it is very probable that it did. French Foire. The Irish limited monarch. Forum appellarunt". remains for future investigation. and Latin. Libr. or that the evidence of the existence of a Wergild is extant only in their Case. Forum. entitled to take part the election. was. The of an unblemished character. The of a Irish Forus agrees fully with the first part of Varro's definition et Quo conferrent suas controversias. He was also entitled within limits apparently equally fixed. assembled at the Brngh or house of the candidates. under The Cf. The value of his oath as a compurgator was fixed like that of any other free man. right in connecting them with Forum. Skinner wa?. and grandson of a Flath. in the strictest sense of the " His . not appear to have differed from those of any other Aire.. quaeque ferrent. and without be and possess sufficient property. IV. privileges.

domain were determined by throwing the Cnairdescribed. which corresponded to " the Anglo-Saxon Leech-fee". the surgeon. like all of a ijic? of the territory. like all his other rights. of the nobles The lawn of the Aire Desa or lowest grade oi Flath was equal to two throws and each grade of Aire above the latter like a sledge . together with a retinue of ten persons. or Rig or high king archbishop of Armagh. other free- men and at a. . The .*^** limits of this sech. FoZac/i lawn.. Extent of a khii.n. up to the Rig. •2^ Cain . or provincial kings. and fee or the Leaga The Rig Mor Tuatha was not tlic cost of liis mcdicines. App. had double the extent of the grade next below him. " Critk Gablach. I of the free- have already The Cnairsech was. and was thrown by a Bo. 491). also included Fochraic and Log of the Liag or Leech. and consequently of that of Big.Aire something when sittinsf at his door the distance to which he cast it was the measure of his lawn and the extent of his domain of sanctuary. n. a plaint. was entitled. whose sanctuary extended to the distance of sixty-four of provincial JRurechs. to Folacli or maintenance from the tribe or Fine of the person that wounded him. if wounded. «6 Ante. were entitled to the same extent of throws. but was home and pending the treatment of the demand security for his sick-bed expenses to the extent of twenty-four cows. belonged to the state as a fine for violation of the Cain or national name the nation. etc. I believe. vol. and the Welsh Cwyn. This maintenance. in the extent of the domain of sanctuary or Maigin Digona. the Ard of Ireland.Rig The etc. This domain appears to have been coextensive with the Faitche The mode in which the or lawn that surrounded each Dun. The Rig Tuatha. and to be maintained. represent the Irish the latter word is sometimes used to denote a plaint or suit under . as it differed from that of any other Aire only law . wound. . to In Ireland part of every a -Dire. ii. of Cijiie-bot.'.CCXXXIV the INTRODUCTION. cliv. Cyne in Cyne-But. perhaps one-third. that is. 475. Caiw-law this fact suggests an explanation of the use of the word in Welsh in the sense of a plaint. p. The right of tliis part constituted the Dire Meha-Canaf''' of degree sanctuary of a king. Patrick.*" until carried to the house of the person entitled to be paid at . hammer. and the Comarh of St. was one and not of kind. he could who injured him. Rig he was cured. p. 498.

oecasions he jour. he when might travel with two except in sowing time. 1. among others. *^^ Atnmianus Marcellinus. that is. App. Gest. were also Dam • T> • 1 z>«m. in Ireland. that is. ii. who *28 «3o Germania. the rank of a persons titled to a But kings.INTRODUCTION CCXXXV to The by state li'ish . in the latter German Gefolge. The Irish Dam of Geferscipe or Folgoth. composition of the children of princes kept fosterage. ^^^ A retinue of have had a retinue of two hundred. was precluded from doing any servile work under ^'^j'. the sokemen. The Fokm. to a Bruiglifer. Tuatha of eighty. as I have pointed out in a note to the Crith Gah" Leta". that of the tribe of the Rig Mur king or Rig Tuatha consisting of twelve persons. a ff'? imt Rla. and we may presume m Gaul and Germany. 498. c 13. The Dam was composed. or retinue. and often of foreigners youths It thus resembled the living as guests with the prince. as I shall describe in the next section. of thirty. " comites" of the German described by Tacitus. or provincial king. who were ofiicers of state.. c. were entitled their Tanaists. Note 553.'^ is connected with Leet or designated consisted of the suitors of the courts.''^' as princes. of and above. going about unattended. But rich princes surrounded by a brilliant and richly prided themselves on being armed retinue thus the Alamannish king Chrodomar is said that it was so likewise in . of whatever rank. In Ireland the number was fixed by law. and certain of the higher Flaths. of the more advenof the noble turous of the tribe. This word.^""" and of being placed penalty of being refused his supplies of or on a level with plebeians. 12. corresponded to the Anglo-Saxon which we recognize the Rig Mor Tnatha or Rig king of companies. Rerum p. was always surrounded pcrnnittcil 1/ ' . and of the Rig Rurech. or Sic Oc. and was evidently a military escort* for he commanded in time of war two or three battalions of seven hundred men each. entitled to a second kind of retinue called a Foleil h. vol. and the retinue so lach. The retinue of the Buide7i. whom those entitled to have a Foleith. xvi.''is Mm or other all On attendants and a iudge. enAll Flaths. and JBd Aires. was much larger than even that of a provincial king. lie neyed accompanied by his Dam or retmue. . considered was three times or splendid fifty fifty to as we find these numbers frequently given in the ancient tales.

as in the case of the Dam. Diefenbach {Oriqines Europaeae. and we may therefore assume that. one condemned the of the office as favourite.'^ ambitious chiefs endeavoured to keep as many of this class of retainers as they could about them. Gall. Ambactus is generally considered to have been a servant or attendant. they considered a mark of favour and of The Gaulish equally applicable to Irish chiefs. Ambactus apud Ennium lingua Gallica servus adpellatur. On the other hand we are told that he should not have a man whom he duties saved on the battle-field. Jacob Grimm considered Ambactus to Festus."^ and the function given to the Irish Amus in the Crith Gablach corresponds with this view. The Atnus or Ambus are the Ambacti of the Gauls.CCXXXVl INTRODUCTION. that of a Kig M6r Tuatha of twelve. \i. called in the Criili GahlacJi. persons liberated from the gallows or whose feit for debt. Ainus. We punishment. while that of the Rig Rurech. namely. or provincial I shall have king. something further to say on this subject when describing the judicial system. had with them when holding those courts. those condemned to death and pardoned. Pompeius De verborum slgnificatione. a who had been forced to to retreat. The Foleith of a Rig Tuatha consisted of nine suitors. Thu Amus A king also had a special body-guard consisting of four men. in the sense of Roman law. or had been wounded in combat.. such as he freed from the servitvide of base Bothach-ship. both were undoubtedly military DeBell. A mbacti and power. life had become for- who had become " addictus". But whether of low or high *^^ birth. extended to seven hundred. possessed rights of jurisdiction. or selected as a find this term Amus or Ambus. that of his Tanaist of eight. elsewhere mercenaries in the pay of a chief. that is.c. and which is Csesar's remark"' that the Gaulish nobles surrounded themselves with clients. That tract affords us a curious insight into the class of persons who formed this body-guard. The evidence of borrowing on either side is however very weak. at the same time that there are many reasons for supposing tliat the Gaulish and Gothic words are "^^ — . and whose life the king had perhaps purchased at the legal price fixed in such cases or lastly. 226) seems to tliink the converse was the more probable. ship. wealthy and applied to represented Ambacti. 15. or base Fuidirthat term in . hare been borrowed from the Gothic Andbahts.

describes himself as the Ar and Ombiht. vol.. a Wendish chief. or Ombiht. Oddninargratr (str. App.. c. as is shown clusively military. and sometimes officers of high rank.108. c. c. was excited because Hlothr was called the son of an A mbatt. at whose expense they lived in free companionship. f. the retinue of liughuUach. Tlie Gothic Andhaht " Sto<5un skalkos jah by the contrast of the word with Skalks in Ulphilas: Andbahtos". in the Saga of Harald the fair haired. p. wlio. Mns. 378). and the persons composing it are sometimes of a superior class. was not a mere servant. which proves that that term implied a woman of low condition. w ho died a. nnd six thousand of his Amhuis. he speaks of a great house or barrack of thousands of Amuis (Lect. And again. under Curoi Mac JJaire. 11. a woman of high birth is called the King's Ambdtt (Horald's Saga hins hdrfagra. "servant maid". or servants over other servants. one of the daughters of Thrael and that is. the Gamanrians of Connaught under Ferdiad. a meaning which it also has in another of the poems of the poetic Edda. xvi. in the poem quoted in the Lectures (Lects. to The Norse forms are almost always applied to perhis viceroy in Norway. MSS. Thye is Ambdtt {sir. 389). 13). performed the function of an In the Ehythmic Chronicle Ambacht is used to qualify Lude. . In the Hervarar Saga {Add. not having much property. Gall. i. appear to have belonged to this category. ii. Thus the officers of very high rank.. to whom Beowulf gives is used in Beowulf for is dialled Warder of the Sea bids hold the war gear (1351). have been the sons of the must this class of retainers. 58). Saxon poem of Judith. The of the fragment of the AngloAnhyht Scealcas. of a king. they better classes.. p. in Cined O'Hartagan's poem on Tara. In other documents. i. Ulster under Conchobar Mac Nessa. b. that is to designate persons holding office (c. king of Sweden. monarch of Eriu. 313 and 389). retainers. 1. The later forms in the Germanic languages These words sometimes denote persons Gaulish than the Gothic word...d. his armour and esquire. the sons "of warriors and of noble farmers".. we are told. agrees with the Gothic meaning. The form Aombeisman is given in an edict of Magnus Ericson. On the other hand.. The persons composing the the Amus 509). number mentioned is often considerable. are clearly slaves. Thus. in tlie account of the battle of Almhain. that is messenger and Ombiht of KingHrothgar (G77). attributed to the middle of the tenth century. 718. vol. and are limited to four.). Brit. vol. and xviii. a fearless Ombekt (579). xviii. pp. of the year 1344. 18. 14. c. 24. but in neither case exof low position. Caesar mentions a superior class of Gaulish Judging from his description of tary retainers the Soldurii. fought a. people. p. we are told that Fergal MacMaoileduin. the servants and the Andbuhtos stood (John. however. according to the Crith Gablach (vol. was composed on one occasion of ten hundred Amuis. The form Ombekt. Again. 28).. 18). were killed (Led. CCXXXVll mili-TheSoidurii. attached themselves to some wealthy and warlike chief. King Humli. 40). i. king ot Connaught.^'*^ The JDani of an Irish are more hke the cognate. -tas The champions of the royal branch of Jje Bell. and the Clanna Deagadh of Munster.INTRODUCTION. the Ombiht Thegm. in the Rigsmdl.d. but have generally the character of mercenaries. sons of low birth. iii. (J-IS. Again. and Wulfgar. Thus.

ii. prince consisted of persons of this class. from all the sub-reguli under them. is p. — — bccn surrouudcd by a second rampart called Drecht Gialnai or ditch of the Gialls or hostages. The Dun of a Rig Rurech appears to have of the territory. i. «6 Crith GablacJi. ii.D. Wlien a king . number. . and were the source of much evil in Ireland as well as in Gaul. 510. 437 vol. his "To whom Daer Aicillne (base tenants). and pay. This second rampart seems to have been intended for the greater security of ''^'^ the Gialls or hostages which every king received as pledges of allegiance.. but the provincial king required special pledges. The king's residence or The law the to also prescribed the Dun.C. that is. p."* and that he was not a lawful Flath who did not distribute ale on a Sunday. to give liim Braich (malt)". or liis Ceilsine. That is. and character of . his Smachts).e. that is. and each of these should be surrounded by walls and a ditch. App. the Cain tributes are not paid {i. T. two walls with water was a privilege apparently of kings The house and Dun of a king were built at the expense only. it is tlaree chief residences each king entitled to have.e.. who were very numerous.. of with water which fulfils the conditions of the old s'loss. "Pie is not a king who has not hostages in locks. Every king a pauper 3. p. App. did not require such security.e. retainers the liig and regaled them in lieu of In the Crith Gahlach we are told that "a king who knows a king's lawful rights will regale his hosts bountifully after meals" . kmgs houses. 550. .CCXXXVUl INTRODUCTION. 508. 18. he claimed Ceilsine or homage lived within his territory. walls or mounds of earth and a ditch filled The Dun Hitrech. held free table. or three Duns". For all these different other Flatlis. their minimum dimensions but it is be presumed that any one rich enough could build himself Each king should possess larger and more splendid residences. . MS. at least three chief residences. —that is. that is. and without which he was not considered to be a for all those . who hath is not three chief residences i. he is not entitled to be called a king unless he has hostages for tlie fulfilment of his kingship. should be a Diin^^^ The right to have a Dun. size. three houses. and who does not receive Cis Flatha (tribute) from Flalhs.. and the means of true king.. "34 *35 Vol.. H.*^' The Rig Tuatha from whom securing their safe keeping.

the house steward lastly and corresponded probably with the Pincerna or butler of the the Anglo Saxon and other mediaeval courts. i. three swine herds. when he holds these acknowledgments of allegiance. i. who superintended all. or in a case of for his giving judgment. but at present I am only concerned with the various officials for who surrounded the Ard Rig ^ Ennd . his military escort properly speaking. showing. we have before mentioned. nevertheless the general character of a king's retinue — — on ordinary occasions. i. the latter nine. and or Rectaire. six cup-bearers. two three drinkbearers. of the various attenM6t^ they give us an idea not only dants and household servants. when he — receives the allegiance. C. The prevalence number three. his three sons. . three cooks. there were three royal druids and jugglers. T. 2. three judges. lawful for him to betray the ignoble. D. gets these tributes of acknowledgment it is then his Dire must be appropriate . without falsehood in his deeds or injustice to his people i. namely. however. twentynine seven British nobles in exile. and in this twenty-seven. six. and of the multiples of it.e. the make with hostages guardsmen who guard are imathe numbers This circumstance shows. three equerries.e. three poets. three ordinary jugglers. numbering sixty. hostages and Cii (tribute) and Smacht (fines). of hostages. or for settling It is not (false tes- upon his people. entitled to honour or kingship MS. not to betray [oppress] the nobles.e. and hostages. but of the elements of the Bdm^ which of course comprised many persons in addition to his miliBesides a suite of nobles. i. Saxons. and three Picts.e. nine guardsmen. nine. and in that of the feast of Bricriu and other tales. that ginary. i. among whom were nine harpers. by making a gu fergaile tification) in law. or residence of the royal Bridglifer Vaderga. or the hold. any unlawful charge.INTRODUCTION. two wardens.e. three janitors. for if lie death or wounding. even the eight list is remarkable. bvit one it is in fact only a poetical description. or Fiadnaise (witnessing). that table is. eight swordsmen in charge attendants. visitors. CCXXXIX The for the reception of a Interior arrangements of a house such as was suitable king are given in some detail in the Crith Gablach in the account of the Brudin. three nine apprentice charioteers. tary escort. three head charioteers.e. Conaire ^o^sehM of the High King of Eriu. jesters. it is then he is entitled to the full Enccland of a king. 15. nine pipe players. or in a case of theft bo guilty of any of these improprieties he is not in fulness".

and he gave his Coibsena (confessions) and great Almsona (alms) to Maighnean. Irish M6S. reveiiue of a kinff consisted of the C(s Flatha or rents his Flaths if a . 4. 182-183. 2.e. nine-and-tvventy of them departed this false world in presence of the king. likewise his own estate from The maiden s mar- the produce of his own demesne. son of Fergus. " and Lomman oiLoch Uair Owel in tiien it could Bishop Maighnean [Lough Westmeath] took leave. apparently of certain legal fees for judgment in the high courts. i. he shouted in loud lamentation in presence of the king and his people. i. in the case of Bothachs and Fuidirs. a Screapall from every nose. When Lomman of Loch Uair heard the terrors Day of Judgment. a The and subsidies of reguli if a high king Rig Tuatha. It was a tribute due to the king on the marriage of every maiden within his territory *^ The Faine Maigdene. and hard sayings of the holy cleric. severe judgments. or the Cuig Rath Cedach. and Liarmait. Each king had 1. maiden's marriage ring. Maighnean on this occasion preached sermons to Diarviait. The amount of this tribute appears to have varied The following passage from the from three Screpalls to an ounce of gold."' The latter was the equivalent of the Welsh Gohyr merch or Amohyr.. or maiden's ring. or Book of Rights of waifs and property for which there was no legal heir. also made his own peace with God from that forth. the Faine Maiahdena or riagering. or special levies. the bride could plete homestead. but When Instead of a ring. the rents of his Fuidirs. vol. is not to be confounded with the marriage ring put on the bride's finger at the marriage ceremony. the Biatad of his Daer Ceiles. pp. and an Uinge (an ounce) of gold from every virgin daughter ou her lirst espousal to a man. son of Fergus Cerrb](eoil. the which he received: 3. a share of the booty in war. embraced.CCxl Revenue of INTRODUCTION. and . edited by B. . except in the case of Fuidirs who possessed a comto the daughters of Aires. There is no reason to suppose that the payment of this tribute was confined was paid as in other countries by all women the maiden was the daughter of an Aire. Series. and of the subof the Taurcrech or stipend which he received from the paramount king as laid down in Leahhar na g-Ceart. give her bridal garments. J^^s Tioi of his Scier Ceiles. third chapter of an ancient Irish life of Saint Maighnean not oidy proves the existence of this tribute. the Royal Irish Academy. etc. but also the important fact that the right to bo granted to the Church. . to the king of of the Eriu [a.d. 538 to 558]. it was ho doubt paid by the lord on whose estate they were.'^^ and Rachts. and blessed each other.e. Proceedings of . When the king's people heard the admonitions. O'Looney. or king's share of the *^* An illustration of the right of a king to a share of the war-booty is to be found in the Tocmorc Bee Fola. i. a share of Dire and Sdnigud. the tribute was paid apparently by herself. and the severe judgments of the Holy Trinity. and 5.

Aires. or Or if may The she should prefer it rather than [to pay] the king's stewards. attached considerable ancient Irish. The as the vassals of the Rig.Aire. slie give the garments and clothes wliich she wore [at her marriage]. i. importance to the numbers three and Preference cient u^xi ""'"''^''>i In the foregoing section we have had an illustration of the occurrence of three. etc. The seven. again. traversers. The council of Elders of the Cantref. The Rig Tuatha was in turn a vassal of the hiafher kinff. of state. super and his covenant with the king blessing to Diarmait and to his descendants after him. holding an assembly. The Nobility and Oncers of State. a sheep-pen. 108. the seven . or defendants. —MS. a miller a share in it. making a judicial eyre."' a kiln. CCXli and that of his The king was also eiitiuled to his maintenance. or.e. etc. land sufficient for three times seven cows and again. prime possessions of every Bo. THE EXECUTIVE GOVERNMENT OF ANCIENT IRELAND. a house.INTRODUCTION. when they had only a share in the mill. Loch Uair at that time He gave his and he said unto him: Misericordia Domini super nos. The Crith Gahlach and other law tracts aiford us many examples of the number seven thus we have seven grades of of Bo-Aires. or at least some of the medieval scribes. f. seven grades of poets or Files. king also gave to him the materials of a Trosdan and a Bachall (a pastoral the gold which he got in ransom of the foreigners. and in the multure or dues in meal paid for its use. '^^ Brit. filios was vestros". by counting the two classes of Ferminors. seven cows. where the wellknown Triads afford us striking examples of the preference for the number three. in fact. "•^i It is not quite clear that Bo-Aires of every class were entitled to multure. Egerton. when travelling through his territory. The same phenomenon appears in Wales. seven pigs. other Flatlis of the Tuath might be considered and the Bo. the square and cube. Made eight in the Crilh Gahlach INT. or when engaged in any affair cither for collecting his tribute. It is expressly stated that the Bndghfer was entitled to it. who received Taurcrech from one of those Fiaths. and so on. and its multiples. seven sheep. 91. legal suite. midboihs. . "bride price". namely. at ]\[aig linearis staff) of sermon of Eriu. a pig-stye. Mus.*^° seven grades Flatlis. all the qualifications of the Oc-Aire are either : seven or a multiple of it. noble. as vavasors. a calf-house. a barn. 16* .

or council of the Ale House. a number which is not a multiple of seven. ^ a > etc.CCxlii INTRODUCTION. or assisting in the enactment of new statutes]. etc. midba. as far fore. the Aire Tuisi. debtors under bail. and of the -BJAires. adjudicating on cases coming under Cain or statute-law. poets.distinct ranks or officers. as held special offices. a. officer of this 42 Triodd Dyvnwel Moelmwd.. for. In this last we find the king. import- ber of ranks of Aires. «3 Vol. (inter-territorial contracts)". The socmen The three Aires Foryaiil. and their relative ranks being in the descending the Aire Ard. thereover this question of number. such of the grades of the nobility or Flaths. traversers in cases of homicide. and describe. the nature and functions of constable. are included.e. of B6-Aires. It is evident from a comparison of this passage with the part of the Crith Gablach which describes the Aire Forgaill."- As this council corresponded those seven members doubtless represented likewise as many this had per. 4. Their three Faesams twenty days is the Faesavi of the two lower Aires. to have had i tit in order to make up seven ranks political importance. Their three properties in Chiles thirty-two Ceiles. the spendthrift. however. Besidcs the Mig and his Tanaiste. and twenty-seven cows. p. thirty-seven Chiles. 162. etc."* that there were twenty-six classes of society. We may. eighteen cows. twenty-four hath the highest Aire. — — — . it is probable that the three In any alluded to corresponded to the three ranks of kings. 383. H. ii. In somc law tracts mention is made of three ranks of Aires as it is not likely that there was more than one Forgaill. the Aire Forgaill. —Ancient Laws and Institutes of *^ "The three Aires Forgaill. the and the judge mingled together.C. that the privileges and qualifications of that officer varied according to place and time. and Cairda MS. 225 Wales. Hynaviaid Cantrev^ consisted of seven. in I order which have named them. 64. pass as there are materials available. Thirty are the company of the two lower Aires when making Cain [i.**^ and — rank in each Tuath.. their three Eneclands : fifteen cows. p.D. The preference for seven in the numhaps no pollticai r> -i to the Irish Sahaid. there were three other socmen in each Tuaih. 513. such as minors. 22. 88. p. various classes of persons not in full possession of no their rank. included under the designation Ferwe find in another law tract published in the Appendix. Besides. the juggler. and an equal number with the king hath the highest Aire. seems. T.

had his Aire Furgaill. fifteen days are his full Faesam and Fonadm. His executive officers have corresponded in some respects official Aire Fine. status. exercised supervision over Chiefs of Kindred as regards the rights of minors. a kiln. held his court. " The Aire Tuise: nine cows are his Enecland. and on Foluch OtJirusa . Tuisi : " 'the Aire Ard: twelve cows are his Euedand. case. . held the king's court both when the king was ciianceiior. and was free and unfettered in the exercise of his functions. The word Tuisi means leading.C. were called Rhingyl: they appear to to the Aire Cosraing or The Aire . tlie Aire Aid was of higher rank than the Aire. He has the land of three times seven Cumals. He has a plough with its legal accompaniments. and on Foluch Othrusa . ten days are his full Faesam of food and Fonadm. twenty-seven cows are his wealth in cows thirty sheep make his property iu sheep he has thirty couples upon coshering from the Kalends to Shrovetide. . the taking possession of escheated lands by the king's Maer. was probably at first applied the Taotsech only to the Big Tuatha. sixteen Cedes are his wealth in Ctilts. so thaf^ognate '-^^'^ '*'=''«- the Aire Tuisi was probably the commander of the levy of the Tuath. A. forbid the arrest of persons. ten persons are his full retinue on Fecht Fele. 22. . and a barn". who acted as his chancellor. .D. had twelve riding steeds. The word 2'aoisech. of whatever rank. to issue mandates and ordinances. Here-^o<7. had jurisdiction over the common authorized land of the Ticath. H. 31 S. determined the rights of each Fine. G4. He has land sufficient for thrte sheep are his property in shaep times seven Cumals. p.^^^ We are told that came next The Atre Tuisi. The Welsh The ^(>e Canghellor was the representative of the Aire Forgaill. T. a. CCxliii every king.S. Tuisi. u mill. accordinc^ to the Criih Gahlach. he has twenty -four persons when making Cain and Cairde . but was afterwards ex. **^ According to the following passage from another MS.INTRODUCTION. and many other duties. He has fourteen Ce'iles he has twenty persons when and a Cairde he lias twenty couples on coshering from the Kalends to Shrovetide. a mill. making a thirty Cain. and property qualification of the suitors at courts and of candidates for office. a plough with its legal accompaniments. a golden bridle and a silver bridle. a leader or captain. and is cognate with the Latin Dues or Dux. IG* B . testified as to the character. He had power to order or present and when he was absent. eight persons are his full retinue ou Fecht Fele. twenty-two cows make his property in cows. in rank to the Aire Forgaill.times. 4. and weisii can?like the latter. and a barn". he was in the free pay of the king. a kiln.

while the word Taoisech was only applied to the commanders of fifty. on the other hand we find the commander of king of the cavalry called Taoisech Scuir. 381. Vol. . Dublin.. etc.^^^ the Aire Forgaill and the Aire Ard are considered to be one and the same person. In Wales the Maer was the next in rank to the Canghellor : indeed the two offices were often held by the same person. used for the chief princes in the Welsh chronicles after the death. the right to hold a manorial court.. *" Vol. Here Taoisech is used who were all to serve the king". p. 4. appointed and over a Taoisech over every cantred. in 1137. <*« and determined i. twenty. that is. According to tlic ultimately Annals of the Four Masters. in the sense of prince or chief. in the Library of Trinity College. from the Taoisech nonhair^ or Aire men. tlie leader of a hundred Cendfedhna Ced. and his retinue when holding a court is stated to be thirty Steward — the number assigned to the Aii^es Forgaill of the second and third grades. the leader of a battalion of the militia or ap Cynan Fianna of Find UacCvmhaill was called Cath Mhiledh.'"'^ Among the highest officers of the Ua Maine. Lect. Accordinir to Keatin^f.ccxliv INTRODUCTION. of GrufFyth is Tywysawg. " celebrated of the ancient pagan law-givers of Eriu. all disputes and feuds between the ii. took possession of heirless property. According to a law tract published in the Appendix. to tended commanders of all ranks. in the passage quoted in a preceding note from the MS. and his treasurer the Taoisech Eallaigh. Taoisech com oil. to civil officers. Next Aire. It is probable that the Aire Ard may have been the 3faer or high steward of the king. one of the most or leader of nine to tlie commander of a battalion. They were both entrusted with the management of the crown estate. The Aire Ard.sh Welsh Twysawg. the master of his banquets. H. Ollamh Fodhla. constituting the king's waste. 22. they kept order among the occupiers of the royal mensal lands and terra regis or crown lands. like the corresponding the Wel. nBrvgad every Baile. even and Tuisi. 575. that he in rank to the Aire Tuisi His title came the Aire Ard or high comes of high perhaps from the circumstance he acted probably as king's Maer : or High was the first of the Aires in an ascending scale who *' had sac and soke". p. which the title who was the last prince called Brennin or king. and nine men respectively.seven.

of this kind. for instance. Rig Tuatha. tenants of the royal domains. had not the right of hold**^ A ^ district nearly coextensive with the present barouy of Kilconnell. county of Galway. who had the right to the first place on the left of the king at the three great when entering on ofBce. while the lowest class o£Flaths. or that there was borrowing on one side or the other."^^^ ^ire Echtai. of Maer M6r of Scotland. the Maire. The very high rank of the Scottish Maer Mor— in ancient times he appears to have been the highest officer under the crown suggests a connection between the Celtic 3Jaer and the Maire of the Palace of the Me- — All Aryan peoples seem to have rovingian kings of France. was not entitled to a Foleith. that is.- Caladli}^^ The functions of the appointed by Charlemagne over the great agricultural and dustrial establishments ifaen oi which he set up in various parts of his™agne.INTRODUCTION.e. the CCxlv : Each had of course special duties Maer accompanied the king during his annual I have already meneyre or circuit and assigned him quarters. was most backward. could take cognisance of cases coming under Urrudas or common law. like the or office High Stewardship. Informations and plaints involving Cain or statute-law could only be made before Aires Ard. defective here]. Mayer. a private information] which is made in the presence of This is a man wlio has made an Aisneis Cleitfi. the king of officers called Maers^ — a term preserved in the German Meijer— va. \_i. which are usually assumed to be of Latin origin. as is shown by the Maer to the king of Hymany in the thirteenth century being a officer under kings. lunraks [MS. was one of high rank. . 149 Toraic. are so like many where agriculture empire of those of the Welsh and Irish Maer. The Lord festivals. or. Welsh correspondinor office."* The Aire Echiai.French trate of many of our towns. the Aires Desa. are more probably Celtic. who came next in rank to the Aire Ard. The title Mayor. given to the chief magis. as was also the j/oer and to certain gifts the Maeraigecht or il/aer-ship among the Irish. that there can be little doubt either that the office and its name were common to the Franks and the so-called Celtic peoples. and that of the corresponding as it officer in 1 • Tir • ^ ^ • r • ^^aj/or and France. tioned some of the special duties of the Canghellor. tiie English of rank officer an had high was anciently written.

The office of Taoisigeckt Scuir of the twelfth and thirteenth centuries appears to have been the same as the earlier one of the Aire Echtai. **' "0 Vol..*^^ He corresponded both in name and functions to the One of the functions of the Welsh Diahvr (= dial. 453 The term Oilc occurs for the persons who pursued or executed a crimiThey were perhaps the armed retinue of the Dae. upon it. the crigiven up. Ibid. In a note to the Criih minal might be killed with impixnity. man). whether it belongs to the Cain or to the Urrudas". the preservation of the peace. and had the sentence of the court carried out. [aline of MS. to avenge.e. « The Avenger of a Kindred (^Dia/wr). Welsh officer was to proclaim mur- derers. or in the presence of an Jnnraic priest. 468. and . lost]. brought them to justice. the of the Host. or in presence of the three Aires Desas according to the Urrudas law. and. 48. and Gwr. malefactors. whose functions within the Fine were somewhat analogous to those of the Ai7'e He commanded the armed levy of the Fine. p. When a murder was committed in a Crick or district. if the case comes under tlie Cain law]. arrested Echtai. Each Fine had an officer called a Dae. and the arrest of malefactors. the enforcement of the law. 88.*^^ master of the horse. intended for the defence of the mg territory from sudden attacks. Egerton. to make it in presence of the three Aires Ard in accordance to the Cain [t. MS. in the case of a provincial king. he was the commander of the permanent military force of the Tuatliy consisting of five mounted men-at-arms.''^' He was promay of the a kind subordinate officer to Aire Echtai. Mus. 517. or Constabularius representative of the Constable Regis of the Anglo-Saxons. bably though We assume that the Irish Dae did the same. As his name Implies. or it is against a friend or a corelative. thieves. and other criminals outlaws by sound of horn. ii.• may and he pursues evil doers. In the second law tract published in the Appendix. p. leads it to battle and war as there be occasion .*^ a term which shows that the last mentioned duty was an important one. so this then is the manner of making his Toraic. brings them before the court. nal. namely. a manorial court. Brit..CCxlvi INTRODUCTION. The Dae. to be the king's the Aire Echtai I have considered Gahlach. "•^2 p. and maintained the Aire Echtai and his troop were quartered at its expense until the murderer was In case of resistance or attempted escape. he is called the Ansruth. and he is ashamed to make it in public. (private information against a nobleman).

requiring.. The lowest rank of Flath or owner of freehold estate was The Aira Aire Desa. represented the Anglo. " Three objects of detestation to a Icindred one who shall kill a person of his own kindred a thief. to be lodged at the Forus or residence of an Aire Ard. or Aire Fine. which was the successor of the old Maegth or kindred. As the latter officer was appointed by the township. because it be: : comes right for the Avenger of the Kindred (^Dialwr) to proclaim them with the horn of the country in court. though that collectively. and a swindler. an officer represented by the almost extinct baronial liigh constable of the present day. as there is reason to believe that many much richer men who held no called an office were included under this title. p. length here of two o£B(S Aire. The property qualification of this rank given in the Critlt Gahlach^^^ is doubtless a minimum. as I have already stated. they are so called. p. and in every regular assembly and upon the "« Vol. on the other hand. p. The Dae.Saxon Ward- Reeve. ii. like Nasc- them punishes them. C61. it is only necessary to speak at any the Aire Cosraing and the Bruighfer. and in resort. The Aire Echtai Anglo-Saxon constable of a hundred. from Nasc. but to have been also applied. 652. term does not seem to have been exclusively used to designate this elective officer. App. 4U1.INTRODUCTION. §. As many questions of an interterritorial character arose from time to time. according to sentence of the court and the judgment of the country". idiot jiosts of the king". I have already mentioned that each family ox Fine had aThe^tV — Of the grades — Chief of Kindred.. Ibid. .. whose jurisdiction extended over a ward or tithing. the Fines elected an Aire Fine who had the power of acting for This was the Aire Cosraing. Ancient Laws and Institutes of Wales. The Aires Desa consti- tuted a kind of magistracy like the modern unpaid justices of the peace. §. 149. whose jurisdiction extended only to cases coming under Urrudas or custumary law plaints in all causes involving Cain or statute-law. I CCxlvii have not met witii any direct evidence which would connect of a Tiiath corresponded perhaps to the them. the relationship of these offices is still more satisfactory. who acted as its representative hence he was also called a Nascaire in all legal encrajrements : or binding Aire. a ring or bond. 88.

Sheriff. Enecland. as regards fiscal matters. as the Scire Gerefa or Sheriff was elected by the magnates of the shire or county. Fsain.CCxlviii The /lire . to tlie Aire Fine of eacli kindred. Enecland. and distributed the Dire. He was in fact the exe- cutive officer who carried out the judgments of the proper officer courts. The Anglo-Saxon Gerefa also the fiscal officer of the lord of the of a Hundred was Hundred. sub-reguli and other minor chieftains. Anglo-Saxon Gerefa levied the Orith-hrech. As the Aire Cos7^aing levied the Dire. Cosraing did not hold a court in his own right. bloodshed. Sarugud. and other fines for breach of the peace. of the Aire In virtue of those functions he represented the Tuaih. INTRODUCTION. and other breaches of the law. the Gerefa of a Hundred.. like the Chiefs of Kindred. fines. he attended the Courts Leet and It is probable that in England also the Gerefa originally had no right of holding a court but when the central power of the paramount king absorbed that of the . the ceorls and other tenants. and received tolls and dues. iloidacourt- so the "^^^^ '^^^^ but. and the Scire Gerefa or Gerefa of a shire. etc. such as the Leidgreve or Gerefa of a Leet. or in other words that he was the fiscal officer who levied the tolls and dues of the Rig from the freemen of the In all these functions it is evident that the Aire territory. Cosraing was the executive officer of the Rig and who levied or took security or bond hence the name Nascaire on the — — for the tribute. whole of the freeholders of a territory formed but one kindred. whence the modern the is. Wergild. as ritory at the judicial assemblies of the hereafter. that acted as provost of. Leirioite.. and other fines. the King's Court. Blood. '' Cosraing represented in most particulars an Anglo-Saxon Gerefa. etc. and had general superintendence over. being chosen by presentment of the Leet Jury. He was undoubtedly an elected officer. the Trehingreve or Gerefa of a Trithing or Riding. The Aire of the courts. legally leviable territory. the Forgaill.Wite. the Sheriffs became in . and ter- was. the Aire Fine of that kindred was also the official Aire Co- sraing of the Tuatli. to which each Fine became entitled. Cosraing Indeed when the aire. It is probable that we shall see he also acted as the officer of hercpre- A sented tlie s-Qereta. the Maer.

the character of the furniture. stituted the Forus or place of assembly where the election of the officers of the Tuatli took place.p. which did not involve complex questions of law or right. or Court of In the Anglo-Saxon system King's Bench of a Rig Titaiha. forestry. The Bruighfer. fell to maintain his establishment in a proper condition. In the fines for such trespasses and with great minuteness. or a large amount and all other of property. ii. to them. App. The Scotch Sheriff has many of the attributes of the Ah^e Forgaill. The all jurisdiction of the court of the Bruighfer extended to u court. according as the offices themselves fell into desuetude or were abolished. These fines were to.INTRODUCTION. a special all kind of local magistrate. agricultural matters in dispute between neighbours. and of such panage lands He lands as into the public domain through failure of heirs. and his house con. and were evidently intended to restrain those who were entitled to hospitality within the limits of order and decorum.. The Tourn or Turn of the Sheriff was in fact the successor of the court of the Ealdorman. "^ Vol. was.. which corresponded to the Irish Airecht Fodeisin. vested with CCxlix many of the functions of the officers whom they once represented. and the amount of supplies of provisions he was bound bound The to lachf'''-' have always in store. . wanton or malicious damage the tract just referred damages are set down heavy. and is properly speaking a judge. but the office has undergone many changes in process of time. disputes concerning pasturage. tillage. tlie Sheriff was a judge. or man of the Brugh.iiis funcneighbours. or the decision of the courts as to the rightful succession pending In return for these immunities and lands he was duties. The Bruighfer had apto provide for the entertainment of those legally entitled to receive his hospitality. having jurisdiction in cases of trespass and other disputes about land between He was also public hospitaller. It was a court of arbitration ratlicr than of law. as I have already Tiie Brutgh- stated. appears also to have had the temporary usufruct of escheated lands. 485. extent of his house and premises. are minutely given in the C'rith GahHe was specially protected by law from trespass and and privito his furniture or premises. in the Irish system the Aire Cosraing was not.

i. as constituted a man a householder] upon it of houses. fol. a pledge of two Screpalls for every Ail.. i.e. thing. and used in practique of this realnie.*" Thcsc courts are of very ancient origin. for every .. i. passing over one defined limit {Aircend'). App. i. where the appointment of Bruighfers by Ollamh Fodlila is mentioned. 467 u Laws of Burlaw ar maid and determined be consent 2^iirlaw. 487. It is ane Dutch word. or principals of the lawes. is. 483. Collected and exponed be master John Skene. 33. London. nor build his Trebaire [such buildings etc. p. for every fence they pass. Byrlaw. 1641. father of a Trebh or homestead.e.*^^ The Birlaw courts of Scotland for the settlement of disputes between neio-hbours about land. p. In the quhilk cognition is taken of complaints betwixt nichtbor and nichtbor. 1.e. Rawlinson. "No man shall trespass on the land of his neighbour. p. i.. we are This latter word is of srreat intold. Mus. he was. like the Conseil des Prud'hommes of France. for passing over three Aircends (legal boundaries or over four Aircends". De Verborum significatione.e. or plunder him [i. ii.e.e. Brit. or the Byrlaw Courts.Ccl INTRODUCTION. i. or of mills. c. concerning nichtbour-heid to be keiped amangis themselves". cclxiv. and with divers rules. The quhilk men sa chosen. or two defined boundaries . a. trespass. lib.. 4. wilfully trespass on his lands]. for baur or baursman in Dutch is rusiicus. rules of the Brugh-court were known as Brughrechta or Brugh Laws. are commonly called Byrlaw men. for every Ruriud.e. The exposition of the termes and difficill wordes contained in the fourebuiks of Regiam maiestatem and uthers in the acts of parliaintnt. as is shown r ^ by the passage quoted above from the Four 3fasters. i. head of a Congilda. of great antiquity. clerke of our soveraine lordis register. Lawes maid be husband- men. Neighbours shall not trespass upon each other. It signifies almost certainly contains the root of the word one who aspires or is candidate for someis This a much better and more satisfactory explana- **" The following passage will serve to show the class of cases which came within the jurisdiction of the Brugh-court.. each man shall give a pledge for the damages of his cattle. etc. and commonplaces. Leges rusticorum ane husbandman. for every running. The Aithech connected lor. infetfments. : And sa byrlaw. nor tear down his boundaries or fences. for every damage they commit by going beyond their own Ail (fence) for every Tairsce. The customs and corres- pondud to uie Scotch court. MS. nor cut down the timber on the land. elected and chosen by common consent in the Courts called first limits). or baurlaw. councell and roUes. possessed all tlie property and other qualifications enumerated in the Crith Gablach. *^» Ante. . corres- ponded to the ancient Brugh-Courts of Ireland. as judges and arbitrators to the effect foresaid.e. an AUhecli Baitsidhe}^^ torcst. crossing over.e. of ueichtbours. 66.*^* t-i nr When an Aithech ar a that Threha. i. or of kilns. p. burlaw. for it bachelor. '^^ Vol.

tract. Origines Patricioe. ii. I should mention. or contribute to the extent of a half. 480.INTRODUCTION. to levy a rate for the ino- "'9 poor. and a curious provision of law was made in his regard. poor. App. or any other form of compensation for his abuse. 519. and therefore to signify an ox-o-anff or cow land. and that the Aithech ar a Threha was bound to have the four essentials for ploughing.**^" as if each Congilda or Comaitches. the expense of which was borne proportionably by each member. that about the thirteenth century. that he could suffer "the reddening of his face without insult to his tribe" . having nothing himself. ^"2 Vol.. 341. or candiIt is worth remarking. Before concluding o this section. ii. 30. according to most authorities.*^' and attendance".*®^ they Each Flath also no doubt came under the relieving officer. 479. which are supposed to be 11"^^°^*^^^' derived from baca for vacca.'p. " a as pillar of endurance published in the Appendix. Boihachs. lors of lands liable to furnish begin to be mentioned as tenants one Chevalier dOst. now that the key of most of the early institutions of Europe. a third. the old and infirm were legally chargeand had a right to a house of a certain able on their kindred. he was not disgraced by being abused by the sturdy beggar. of class. was the amount of land that could be ploughed by an ox. who. a cow. . that is a candidate knight. Perhaps the middle Latin and Romance terms baccalaria and hacele. that the hacele. p. consisting of three or four comorbs or co-partners. each Fine appears to have had a special This officer had the power officer for the relief of the poor. tlon of this title. Vol. n. He is maintenance of the wretched and wandercharacteristically described in the second law that is. we find bacheAnd again. p. *^° *8' relief of his own Sencleithe. was liable to furnish one cavalier. tlian Ccli any of those hitherto suggested. that besides ' ' _ we possess in the Irish laws Relieving officer tor the Aire Fine and Dae. and a certain supply provisions and attendance. or a fourth of the expense of one. 515. were applied to the amount of land which constituted the qualification for an Aithech Baitsidlie. could not be expected to pay Sarugitd. p. most of which arc very absurd. p. Hampson. This subject is worthy of careful investigation. As was chargeable with the and Fuidirs. date Aire.

''" was comimplies. sufficient to enable the reader to form an idea of their general character. the organization the procedure became irregular. by J. The Sahaid Cuirmtigi^^^ or council. 18. We meet with terms in Irish manuscripts applied to councils and assemblies of persons connected in some way with five people. POPULAR ASSEMBLIES. which met in the Ttie Sahaid CuirrrUigi House 163 after the Ale manner of the ancient Germans. shows. a Brugh. of the props of the state. Tribes and customs of . satisfactory account of them until the whole of the law fragments in Irish manuscripts are published. tive and ju. a File or poet. 3. namely. as the ciu'ious H. ^°* The Cuirmtig was also known as the Tigh Hyfiachrach. the Sahaid Cuirmtigi or Council of the Ale House. 427-436. or promulgation of laws. and to compare them with the similar systems of north-western Terms applied to assemblies of tlie Europe. H. and an Airchennech or lay vicar. entry Dublin. wars. f. a bishop. as the name of The council at which a Nos-Tiiatha or territorial law was made.cclii INTRODUCTION. from such obscure and scanty materials as were available to me. or at least made available to scholars. an Aire Forgaill. namely. MS. 3. a Ferlegend. even the names of the officers scribes of the fifteenth and of the courts themselves. CD. that is. AND LEGISLATION. and the Aenech or fair. which I quoted in a former section. oil. the Tocomrach. O'Donovan.lative . the discussion. became unintelligible to the law and sixteenth centuries. Owing to the anarchy which prevailed the of the Viking expeditions and Anglo-Norman during period of the courts was more or less broken up. I have endeavoured to construct. the Mathluagh. should consist of at least nine persons. an OUamh or judge. enactment. Ed. much so that several legal terms. 18 T. posed. a Rif/. Information The information which has come down to us about the on legisla- legis- and judicial systems of the ancient Irish is very fragdicial systems of Irish mentary. and the record of court was Many forms and offices became obsolete so carelessly kept. or law man. library of Trinity College. lector. in the in the MS. and so obscure that it will be impossible to give a very fragmentary. the Dal. an Aic/ne or counsellor. 141. p. an outline of the legislative and judicial organizations which I believe to have existed before the commencement of the Viking expeditions.

were ministerial. A.^" Its functions. llithal was a general name in Irish for an assembly.. De Situ et Moribus Germ. Whenever a new law was required. the Mithal Tuatha. 2160. The well-known Feis or Feast of Tara was mount king of Ireland. or a denial of justice by a court. Sax. the Mitlial Flatlia.. such as protesting against arbitrary acts of the Rig. was levy.G. to harangue. a discourse. Goth. civil Raitlis or householders of a Fine or summoned by the Aire Fine for the consideration of and military matters of importance in which the Fine or allied Fines of a Tuath or M6r Tuath might be concerned.name for sembly. etc for the king. and Cf. or province. the free householders of a Tuath called tofjether to make a Dan. men of a Flatli called together tor military purposes. and legislative.G. and O. §. O.H. mu])eUan. according it was. tlie Ccliii chief men of the Tnath. In Muhai a the laws this word is applied to at least three kinds of as. Anglo-Sax. maJdkm. a Fert or grave. or non-attendance at the lord's assembly. and no doubt many purposes similar to those mentioned in connection .S. me)iel. measures show. and the MathThe Mithal Flatlia was a meeting of the tenants or liesje. a . me'chel-stede. In the latter capacity it probably prepared the measures to be brought before the Tocomrach or convention. mahal. mn]pel. O. or for the purpose of providing for tenant guilty of Meath Mithli Flatlia. . xxii. ^ „ P Flatha. mapljan. a battle place. with the Mitlial Flatlia. the distribution of the L>ihad or property members of the Fine.tiie uuhai luaqh. been the assembly of the Slnagli. Sax. of deceased **^ *^^ Tacitus. which are so minutely described in the Ctith Gablach. to speak. the task was entrusted to some distinguished lawyer or to a commission of Sabs.H. 0.. for a house. the holding of a weaponthe of defence to be taken in case of invasion. harangue. and the feast of the assembly of the Sahaid Cuirmtifji of the paraas such was naturally composed of the provincial kings and other subreguli. . doing some special work of the lord's. Gotli.INTRODUCTION. M6r to the rank of the Big whose council Tuath. judicial. a place of public assembly Beowulf. or that it was found necessary to have the old ones codified. some extraordinary Any The Mitlial Tuatha was an assembly of tiic MUhai severely punished. The Matliluagh*^'^ appears to have the Ji/a//i.

or in the deci- In like manner the enactments and . or Aire Fine. responded which was also called the Rhaith of three hundred. the maintenance of highways. the levying of taxes. a Ddl. the former term being frequently The same applied to an assembly where laws were enacted. territorial or bye laws that of a province or of all . was. perhaps. differed from a Mithal in being composed exclusively of the A ires or notables. and in the business being of a more formal and regular character than that transacted at the latter. the hearing of battle speeches. Ireland had proportionate jurisdiction. were settled at such an assembly. The of a king. watch and ward. and could enact Caiia or There is no clear line of demarcation between general laws. Welsh Rhaith Gwlad. etc. as well as the The Tocom- questions of war or peace.Ccliv INTRODUCTION. as the general measures. assembly very probably performed several functions it was a the Ddl and . while the several Fines represented there may have held their respective Mathluaghs at the general place of assembly. The true lef^islative assembly was the Toeomrach or convention specially convened for the consideration of important questions. or of a number of Tuaths forming Aires of a Tuath. also used for an assembly of Ddl seems to have chiefly the notables of a province. the Toeomrach. fined to one Fine. it When the 31ilhal was con- corresponded it apparently to the Welsh Rhaith LilySy or Rhaith of Court. in the general Toeomrach. When composed of from seven to included the Sluagh or tribe. of all the The assembly Tuath. the adoption of laws Toeomrach of a Tuath or of a Mor Tuath could only enact or adopt ordinances in conformity with the Nosa Tuatha. decision expressed by the chief Ddl of the Cland. or it might have been even several Ddls. and its of kindred. or of a 3Ior a Cland. or judiwell as questions of war or peace. such as the election and ordinances. The term is. The assessment of Dire and other fines. such as the Dalcas and the Dalriada. Thus cial. however. whether legislative. fiscal. fifty persons. a Ddl. were discussed by each its Fine in Mathluagh. Toeomrach for the enaction or adoption of laws. and in fiscal A fact ail the business of the territory or province. to the ThQ Ddi. properly speaking. for fiscal and other business. it cor- or Rhaith of Country.

called a Haugr.. graves. and the plunder of graves became a comIn the saga of Frithiof. They were accustomed to conceal their treasures in these tombs J which respect for the dead and severe laws preserved from desecration. a province. as follows : Et antiqua lege si [quia] — corpus jam sepultum exfodierit. judges. recitation of poetry. The Aenech of Ireland". and the proclamation of peace. fair was the occasion of en- music.. the warlike deeds performed by the illustrious dead. and the genealogies of the families entitled to rule them. ii. the " Men of Leinster". The in early Christian times. to have originated in funeral games celebrated in honour of origin or. — dancing. wargus ^''s sit". a joyment to the people. the old laws were rehearsed at the Aenech. were always celebrated in cemeteries. according as the fair represented the whole Fairs appear country. 543. *^' The Salic Law " De Corporibus expoliatis" refers to a still more " ancient law on the same subject. and even games. The chieftains.""^' The piratical expeditions of the and dissolution of the old ties of clan among the Norsemen. the Germans and Anglo-Saxons. etc.INTRODUCTION. by its A ire Fine or fair Math- or Chief of Kindred. etc. . it was the great school where the people learned to know their rights and duties. sions of the hiofher assemblies Cclv a luagh to the were communicated at members of each Fine. In addition to the promulgation of new laws. and in pagan. the special laws under which they lived.. p. The Aenech or fuir " i Men in some distinguished chief or warrior. App. In the second place. Vol. and notables sat upon or beside the mounds raised over the graves of the renowned dead. et expoliaverit. or a smaller subdivision. the was a general assembly of all the people. as the old tales say. Ingepractice of the Vikings. Scandinavians also deliberated upon all business of importance upon an artificial hillock or mound raised over tombs. borg directly incites her lover to become a pirate and ransack by arguing with him that it were better that the living its should possess wealth than the dead. gradually weakened the re- mon spect for the dead. as we learn from the poem on the Fair of Carman."* An ancient fair func- performed three functions in the : first place. the history of the country.

The Cotha or the as closed in the same way place reserved for Lagrett or the judges at the Heraththing assembly of the Hundred among the Scandinavians. the nor were the women It allowed to men during was a special breach of the laws of a fair to elope with a woman or to abduct one against her will. and gatherings of people. have been. The and professors and masters of every art. called a Cot or Cotha. This place was surrounded by a fence which was formed often of hazel twigs merely. aucieut fairs were organized assemblies regulated by strict byc-laws. three objects just stated from their first institution. . most successful the to held the fair awarded prizes poets. was only accidental. Coterie. musicians. at. The enclosure for women reminds us of the place set apart on their deliberations. it was a great part The king who market for all kinds of ware and produce. athletic sports. Whoit ever dared to break through this fence. Even now. and adopted at were promulgated at a fair. was considered to have committed however weak may and sacrilege. peddlers and petty dealers take advantage of every popular assembly to sell their wares. to.sure'foT' whence has no doubt come the French Into this enclosure no men were mix with allowed to enter. when per- manent and periodical markets and stores and shops of towns abundant facilities for the sale and purchase of all kinds of commodities. the of the anIrish Aenecli therefore closely resembled games Whether or not the Aenechs were used for the cient Greeks. Fairs were assemblies. The nor could the property of any one be distrained going tiie Cot or were especially proor returning from a fair. horse racing. a Tocomrach. one side of the lists at medieval tournaments for the Queen of was probably enBeauty and the other ladies. it is certain that at the earliest period to which tradition of them reaches. Thus no one could be arrested on account of any previous transactions. and jugglery formed it. feats of arms. the laws drafted by the Sahaid or Council of the Ale House. Women cN. the only one which has survived to our day.cclvi INTRODUCTION. The function which belonged to offer all the Aenech performed as a market. a certain place being set apart for their exclusive use. a breach of which was punishable by death. tected. And of of the essential business lastly.

The Dal of the province was proconvened bably by the royal Bruighfer. The Mathluagh and Dal vrere probably summoned by sending round a javelin in the same way that a Norse Thing was summoned by sending round the BoS from house to house. 17* . Ccl VU was outlawed.INTRODUCTION. The ordinary Aeneck fairs shown by the great provincial of Tailtiu. published in the Appendix. it is yet sufficient to more than suggest grave doubts of the usually received chronologv. and Carman. might. or assembly of" the people. was called a mote man or convener of the Commot. So too it was held to be a very heinous ofFoncc to break the peace of the the opening of which tion of peace. Each ordinary fair was consequently u The great The num-zairschronechronological unit like one of the Olympic games. as is at fixed periods of the year. precious materials of chronology. ber of fairs held at some one place. the extent of which was by law. convene an extraordinary Aenech whenever the state of affairs justified it. _ ponded to the Tocomrach. it From the analogy of functions. by coHveneiL Breijr^ who was the representative of the Irish Bruighfer. and requires moreover to be carefully analysed. in' INT. upon the kalends of August of Taittiu and Carman. Although it does not give us all that we could wish. and the names of the chiefs or provincial kings under whom they were held. the former every — The king. """-each kind or »sor Kindred In South Wales the «'='"^'>' ^^*'* Aire Fine. This was usually a stick. did we possess would afford The them. an arrow was substituted. which corres•' •' _ The Mathluaqh was summoned. at there was always a solemn proclama- as has been already stated. a Chief of Thing. All who were bound to attend were may perhaj^s assume that entitled to the hospitality of the Bruighfer. and the latter every third year. Thus. ever. strictly fixed but when an extraordinary Thing was summoned on account of a homicide. and that they were held at his residence or Bnigh. — those for example. being held at regular intervals and was a periodical assembly.. howyear. gives poem an example of this kind of material. Cruachan. on the Fair of Carman. The right of holding an Aenech was a privilege of the Big. we was the Bruighfer who convened the Dal and Tocomrach of a Tuath. which may be looked upon as national assemblies.

or whatever other name may have been given to the class equivalent to the Bd A ires of Ireland. all the ' of parliament. a period. In Gaul. . stead of the fabulous ages of the Annals of the Four Masters. -who had When these deliberative voice in the Tocomrach and Dal. <y ' . assemblies represented a Mor Taatli or a province. the right of a deliberative voice in the popular assem— belonged only to a limited number the nobles and equites. as the European races. sented chief The Saxon by Caesar the Plehs. probable 1 ® each kind of assembly. in Gaul. xi. The Hundred and Sclre-Gcmot of the Anglo-Saxons may *"* Germania. or perhaps the Chiefs of Kindred and Flaths alone. however. that it was Only the Chiefs of Kindred.C. though freemen. it places the rule of the Tuatha De Danand at furthest in the sixth or fifth movement among Persons century B. and its in the higher assemblies each Fine was repre- ceorls. . posing that their position was any worse or at all different from that of the poorer Germans. the elective franchise take part in the election. though they attended the court. we may say in all northern and western Britain. called blies — — Europe. this was cerwho . -nr i 71but it is iii the at to vote and had a nsfht Matliiuaqli.. the courts of tainly the case. gesiths. . We say of a member as in modern times. no account was taken of those who had no property or blood. classes. that privileged he is elected by the county. This is the " omnes" in the sense in which we must understand passage of Tacitus: "De : bus omnes bitrium ita minoribus rebus principes consultant. in There is no reason. in the lower assembly by their Aitliech ar a llireha. c. although only those who possess In ancient. as we shall see when describing The freemen below the rank of Aire were represented law. in his opinion. for supa state of servitude. of great liad a right of vote at was a Raith E vcrv chief of a household belonging to a Fine•• . i is well known. were. higher Aires and Flaihs. Germany. did by not participate in the judicial folkmote. de majoritamen. quorum penes plebem arpertractentur"-^'^' est. The functions of legislation and judgment belonged The corresponding class altogether to the lords and Thegns.Cclviii INTRODUCTION. ut ea quoque. apud principes — that is.. and indeed. or elective Aire.

by shock of arms. ii. the Folc-Gemot of the Handred. 20. *'* Fair The person of Carman. di. however. 543. vol. to find aay reference which would were held at every full and new moon German ones. Consent was expressed. I. in which he says order was kept by the fair ^"^ priests In the ac- count of the Irish we are told that a Christian priest wrote the law of the assembly. c. here alluded to as the author or rather amender of the laws of public as- Vol. p. political significance. was Denen. better known as St.the as."'^ In the capitularies of Charlemagne a conventus. The particular assembly so magne.. the description of the German the ConCilium of IV T ^ ^ assemblies ought to apply to the ancient Irish ones also.. 17* B . In the poem on the Fair of Carman we are told that the fair ended with " the clash of spear handles from the entire host". . . v. Eicliliorn. ° Hundred sion of it. 21 and Livy. xi. . xi. In all else. or parliament '^0 ^^' TiieMaiium is called a Mallum. and *' masses. imperatur". 545. . xxxvii. the Township. *^^ " — semblies. Germ. as in the German and Gaulish assemthe Crann Dord^ described by blies. -. as tlie equivalent of the Ddl or Tocomrac/t. Tacitus. . Germ. the assemblies of the people lost their distinctive character. — which was the representative of 'i"d of the the Scandinavian Hera^fing and of the Hundred Gemot. colloquium. c. .INTRODUCTION. 545. O'Curry in Lect. xxi. . Caesar. 1 1 • • have not been able. Stanza 70. c. sentatives of . The oduna the family orccanization of the Jlaer/th was still intherepre.. Vigour. Benign us. Ixaciius.-tinctly speak "'^ Deutsche Staats itnd Eecldsr/eschichte.. vii. 56. pp. Fair of Carman. aixl and henceforward only dificred in tlieii the rank of those entitled to a deliberative voice in them As the German Gcmding. Bk. App. and psalm singing" took the place of the ancient pagan rites. and of the subdivi.^" The same poem also illuslike the — trates another passage in Tacitus' description of the concilium. show that the latter however. . of the armed council of the Gauls. 229. they are alike. Stanzas 56 and 67. were the true representatives of the ""^ ^'-"''"eBut when tlic Maegth or family lost its difFerent ^fithals. 40. jurisdiction. quibus tuni et coercendi jus est.^'"' Prof. ii. Cclix be looked upon When . c. adorations. Silentium per sacerdotes. — now considered by German antiquaries^"" as the equivalent of the "Concilium" of Tacitus. and is consequently of the Ddl and Tocomrucli of an Irish Tuath^ ^'^"'^^"e.

a place of connate with luayh.^'*^ The old assemblies being held at the graves of the pagan chieftains. designated is considered to have been a Folc-Mot as it was modified under the sovereign above named.d. Mahal. 785). Saxon public assembly it is indeed the same word : with the Latin termination -um. It was not held in the open air like all the ancient assemblies of the Germans and Celts. § 1. unusquisque comes in suo ministerio placita et justitias sacerdotibus consideretur. and those who attended were obliged to lay down arms before entering/" and it was not lawful to hold it without the mandate of the Missus of the Emperor. This appears to have . changes effected in the German popular assemblies by the CarloThe old assemblies vine^ians entirely destroyed their character. derbrunneiise (an. id est scuiii. only became a *''^ Ut nuUus ad Mallum um et lautiam. and is cognate with the Irish The Afatkluagh. an excuse was thus afforded for not summoning them except when the sovereign thought fit.. PaGreat efforts were male : for this purpose. — faciat.^" One cliicf functioii of the original popular assembly remained . nealiter faciat". «^''f™°*f° old Mallum ^ . Mallum without the special command Mallum is clearly connected with O. This was the officer who governed. " A • acted at a general placitum or diet of the empire. Paderbr. a. nisi forte Missus uoster de verbo nostro eos congregare fecerit. —non portet". The Missus in his states. Capit. *'' — Capit. § 22. like the shires and counties of England and Ireland. or to denounce injustice inflicted by the prince. capitulum or ordinance en- 1^1. were orignally so many confederate turn could not convene a of the sovereign. vel ad placitum infra patriam arma. Et hoc a §. the new ones were ordered to be held functions of Mallum. . — Capit. in buildings. *^^ " Interdiximus ut omnes Saxones generaliter conventus publicos nee Sed faciant. 806. et non ad tumulus paganorum". the assertion of rights. and were to a great extent periodic. in the name of the latter. Thus the capitulary referred to in the foregoing note says " Jubemus ut corpora christianorum Saxanorum ad cimiteria ecclesiae deferantur. an. or assembly of the chief men of a tribe.. so as to discourage burial in pagan cemeteries. — been the custom at the Feis or Feast of Tara also the Dal g.Cas alone having a right to enter armed.T 11 A 1 T to the Uaiiovmgian Mallum. of the courts. 785.Cclx INTRODUCTION. c^ were summoned at the will of the aristocracy for the holding . Their judicial functions having been abolished. or properly speaking a state. 34. as the provinces of the empire. a protheir vince.

a court was held for the trial of appeals. and performed many functions. An Aenech was thus a convocation of the clergy. and to have used the occasion for the pur- clergy. however. Aenech of a province or of all Ire- IT -nil as the laity. laws were promulgated. comprised clergy to the Irish . which only became valid accepted at its assembly. Malhlungh -1171 rri similar functions in the Irish commonwealth. at and judicial business was transacted gislative... appear to have sometimes held a synod sion of an Aenech. land. but did not in the other ones until they had been first accepted by The Irish Mathluaqh performed tiiose of the the respective Folc-Gem6ts. religious discipline and other — occupied the clergy. and lative or judicial purposes. a parliament. the as well both In Christian times. and that ecclesiastical. and the presentation of gifts to the sovereign. and each. forming an essential pait of it. Ancflo-Saxon kinsr became law at once in his own state. rack or Dal was held. and of all other matters afFectingr their respective Fines. military.auaiogouf. them as well as le- . the council. and accepted by the people there was also a weapon-show or military review. . occupied ecclesiastical matters the vassals and military retainers. though independent of the others. or Tocomrach. and lastly. a military review. fines to be levied. Mathluagh.INTRODUCTION. each Fine or tribe when The general The general correscorresponded "II Jed to 11 P the ^enec/i. mixed up. Ddl. Cclxi " lex" for cacli state or so-called ])rovince when accepted by made by the paramount the enactments Just as its Mallum. placitum of the Carlovingians referred to above. the minor Flaihs and Chiefs of Kindred received information of any new laws enacted. the Champ de Mars or military review. and a court of justice. It is probable that every all sat together for legis- served similar purposes. these different functions not being. for on the occa- pose of a mission. and regulations were passed for improving the military force . On their return home they summoned for and comassess- municated to the heads of houses the enactments and ments. a 31athluagh. The instance. When a Tocom. Such was also the general Placitum. as a token of antrustionship or homage.

. or in English legal phraseology they had "sac and This court appears to have been formed of the Aires Cosraing or Ah^es Fine. and the The Aireeh eourt-Leet Cul Airecht. were among all ancient nations inseall In countries and at parable. early In every Tuath. because. the Taeb Airecht. we have any courts in Ireland. The power of making a la-wperformed by legislative and of putting it in force. To secure the freedom of the one and the impartiality of the other.en of a Fine. terms which I shall describe more fully subse- — quently. represented the of the Chiefs of Kindred. we have seen. Anglo-Saxon Reeves of town- ships. Mic Cor mbel the binding men. who. I'okxth. i The term that the judges .e. It is in it tliat [i. which was.. three Aires in addition to the Rig were entitled to a Foleith or attendance of these were the three highest suitors. ADMINISTRATION OF JUSTICE. and judicial functions appear to have been fully separadefi- ted in Ireland at the earliest period of Avhich nite information. that as is. the Ai7^eclit Aireclit Urnaidi. courts worc generally. as I have said. interest. Sice Occ. the Chiefs of Kindred] do not . ° _ Although Ireland at an eaily period. Nadmann. at wliicli Other busiuess was also transacted.. we find mention made of five distinct courts. and Ratha. more an arbitration Five distinct than a law court. is The Airccht Foleith. and of the other chief m. and Fiadnasa lemain. and to hold a court. if not always. which impliesand suitors were Aires. namely: the ^^^•^-m^•^. or court of the Foleith. as well as from necessity. as have already pointed out. and Fiadnasa or witnesses. . Faiths or jurors.cclxii INTRODUCTIOIf. Irisli . Exclusive of the Brugh Court. Such Aires were called Sic Oc ox I — soc". the two functions have always been more or less separated according as a nation adLegisiatiTe and judicial '*« n'l-at'd"^ vanced in political organization. Irish terra tor a court. the legis° lative or it is probable that . the Airecht Fodeisin. held at assemblies of the people.''^^ 178 ^^ Airecht Foleith. of special judging not only by its functions but by its it was the exact representative of the Court-Leet and name. for a iudiclal court is Airecht. Sheriffs Tourn of Anglo-Saxon and Norman times. all times judicial functions have been bodies. . who were entitled to act as Naidms or knotmen. Aires of the class of Flaths.

xii it Airecht Urnaidi. consilium simul et auctoritas. some place indicated by a tree or a stake In Ireland the court was also held in an The been a court 4irec. pographical come among any other deliberate upon what the other classes do not go amongst them they n'i'"'^^ is just so as to come with a clear remembrance [deci18 p.. •. is Airecht Foleith of the Irish.i7. Although the Court Leet existed amongst name appears iirst in Domesday Book.i< Airecht Urnaidi*'^^ or Court of Pleas. a pole being stuck in the ground as a Dos Airechta. 18. He The rules is also mentioned as the reand precedents of these courts were called Bretha Neimidh. one oi the earliest races said towithpersonal. who somewhat either held a separate court for hearing minor cases.INTRODUCTION. class. propositus. c. ethnlhave colonized Ireland. appears to have The . b. In Ger. Centeni singulis ex plebe comites.— X'e Situ *^^ et Mor. and from whom our legendary history cai..'" lield in the a description in general terms of the The ancient German court was open air at stuck in the ground. are the parties to the suits. or sat as one of the ami Bretha both capacior acted perhaps judges of the Airecht Urnaidi. by the modern German Geleute. and was carried by a special oificer called a Dosaire. each advocate pleading his client's cause. a symbol of open field. . of The Neiinid also acted as a kind ties. Urnaidi or com t of and of cases for the hearincr concerning property ^ o ' . find mention made of a district magistrate called a Net- ^ Pleas. p. that a Tacitus' account of the mode of dispensing justice among the ancient Germans. '-I i- i.D. and the advocates purifying the judgments [(". that is to arrive at a just decision]. 5. The Irish term to the Leode of the Anglo-Saxons. — MS. In the first place it cnmioction ot ihis word „ T reminds us of the Nemedians. and had m mensal land assigned to him. . H. wliila the judges are reviewing and expounding [the law of] the case". -. 3. We The Netmia mid. like a modern Civil Bill Court. and Foleitli the corresponded translated may he suite is. ceiver of chief rents. ami to. H. This word Neimid is of great interest. cclxiii the Anglo-Saxons. called was This pole authority. T. . and the lower grades of advocates and attorneys pleaded in them. . 3.— MaS. courts were Bretheman or Brehons. sion] before the court".e. adsunt". or lord a of persons accompanying high personage.C. The judges of those other matters involving technical law. and tlius assisting to purify the judgment. qui jura per pages vicosque reddunt. or court pole. 479 " Eliguntur in iisdeni conciliis et priticlpes. b.

AvyovcTTovijufTov in Gaul. generally a wood.tartii. of Munster. is believed to be the site of LipThis dislrict was in the country of the Nervii. i^. son of Sroibhcinn. from the French frontier. . that Neimid. son of Mogh Lamha. or assembly of the the Neimid also occurs as a proper name at a later period. and now in the Belgian province of Cos.*^^^ Again. much and to a grove as to a retired place used for religious rites . a village in the former Pays de Liege.Cclxiv INTRODUCTION. seve- — and places are mentioned. **' or Liptinas. . nifies . ana with the Scandiaavian the sacred place of the Druids. This. where a court was held. See Diefenbach. while others think that the — — word might be explained as Dru-nem-at. in the names of which we have probably the same root: for example. Lobbes. . as the administration religious rites among of justice was always connected with primitive peoples. vol iii. Ed. and the Scandinavian tribunal of twelve men. occurs as a proper name in liees' Lives of the Cambro. ^*' The Heraththing. Ilainault. 322. 1714. the prefix dru indicating that it was situated in an oak wood. Nemetocenna. Origines Europaeae.^*^ There is an obvious connection between Nemet. according to some. 1022. son of Sruibhyheann . in the inscription of Vaison in the sense of sacred. p. was slain in the battle of Ceannfeabhiat. and . that Conaire. p. These two entries ap]Dear — Hardouin. king of the Ernai. the priest being often judge also. called Nemetona the Belgic town of the Atrebati. In the Amials of Four Masters we are informed under the year a.British Saints. 482 " j)e sacris silvarum quae nimidas vocant".i>. who appear to have worshipped a goddess. fought by the three sons of Oilioll Guomemet to refer to the same person. a place * . 165. a Nemet was also a place. Tasinemetum in Noricum.d. not far tinse. while the word Nimidas in a rubric of the Indiculus Superstitionum et Paganiarum of the Council of Liptinse of the year 743. And again the word Nemeton occurs ^sjueTolipiya in Spain. was slain by Neimid. where a court was held. Medionemeton in Britain. Paris. the ral ancient peoples Gaulish tribe name of Nf^ijrat or Nemetes. Acta Conciliorum Labbei et Oluim. and of the leader of that race Neimid. a Nemda. 186. derives the two great races which afterwards successively held the sovereignty of Ireland the Firholgs and Tuatha DS Danand. sigIn an Armoric charter of 1()31 a sacred groves/®^ The term was applied not so similar grove is called a Nemet. J. and at a. is the meaning of the Drunaimetos of the Gauls of Asia Minor.

The latter view seems probable. or rather that the Swedish name was in reality the re- of the presentative of the Norse Fylk. there can be no doubt that there existed a close reand Norse systems.INTRODUCTION. and sometimes the king of Norway also. and people. provided administered Avhich body for the administration of justice. It is uncertain how the members of the high Nemda were elected. this one which elected the Nemda was composed of the same persons who formed the Laghman himself. however. or not. Whether or not each member of a Nemda had separate jurisdiction within an they — assigned district. watch and ward. representing the nobility the Irish Bd Aires. corresponding to the These twelve. that the Nemda corresponded an an- cient division referred to under the latter duodenary division of the Herad. elected the Laghman or chief judge of the district. or rather sent the names of three persons to the king. or It how long the members continued in office. the Gaulish . The Laghman and a Nemda of twelve elected the executive It is not quite clear whether magistrate or Heraths-Hoffding. like what the Irish Neimid seems to have had. and also because the Nemda which elected the or president appears to have been a permanent the affairs of the territory. together with the bishop and two priests. and six Bondes. was composed of commonalty. Perhaps in ancient times the Anglo-Saxon Ealdorman. and in what manner they exercised their functions in very early times. It is worth lationship between the Irish the that here. CclxV all Herath of the Scandinavians. corresponding to the Irish Aires Desa. though in certain cases may have formed a single court like the mythical pi-otoOdin type of the Nemda the twelve headmen appointed by "to doom the lands' law in Sigtun". king of Sweden was elected by a mentioning Nemda. and the main- Laghman tenance of the highways and bridges. or was a special one chosen for the purpose. and that each member Nemda was magistrate of a division. the Almoghen or^*"*""This assembly elected a Nemda consisting of Hoflmen or barons enfeoiFed by the king. for the term Nemda was also given to twelve men selected to try a case in civil law. six who pos-T avian The Scandi- sessed political riglits within the territory. to would seem. who appointed one of them.

although it is probable that one or more ecclesias- tics sat in this court. or the Aire Forgaill. This was also the number of persons composing the chief iV^mtZa of Sweden. and the elected Laghman. or Graif. and Aire Ard. and afterwards confirmed by a second assembly of twelve delegates and one clerk. or twelve from each cantred. assemblies xuider V^deisin'^m court of Jiing ^ '^^^° Aircclit sided over by J his Fodeishi was the chief court of a Rig. The analysis of the twelve names of the grades or "•8* Meiboniius. Bench Jo We are told that the judges sat in it Avith the sixteen classes or twelve grades of the court around them. or rather codified the Welsh laws Howel Dlia. and not by the whole of the freemen. If we add these we have sixteen. Or perhaps we should not include the king at all. This coincidence in the numforming the Irish and German courts is curious it may. which when it was under the su- These were the Graphio. The laws were first drawn up with the assistance of an assembly composed of six men from each Commot. iv. seem to have been formed after the same type as the Scandinavian Nemda. mentioned in the laws. however. We have no authority for making up the number in this way. De Irminsula Saxonica. classes of . his Tanaist. septs ber who were chosen from among the twenty-two families or who inhabited the Gau. the Frohner or suramoner. among whom we do not find the king or his Tanist.CClxvi INTRODUCTION. exclusive of the king and his judges. priests of the Irminseule/^* also consisted of six- ment. are. who was the junior member. who acted as the king's chancellor. who may have sat there with a bishop or some other cleric. or Rix^ and the Irish Eig^ were elected by a limited number of electors. two priests. who sat at at each side of the Welsh prince these with the twelve classes — enumerated in the laws making in all sixteen. as they did in the higher courts. and fourteen Schoppen or declarers of judgthe senior premacy of the teen members. The Rigs which enacted. Only grades however. be only accidental. preOllamh Brethemnais or chief iudo-e. who was member. . representing the Gurda. Aire Forgaill. if we add the bishop. c. The celebrated Freyfeld Gericht or Freefield can be traced back into pagan times Court of the Abbey of Corbey. a bisliop or cleric.

were the Toings or oathmen of the plaintiff.INTRODUCTION. who com. as the Aire the Dae. the officers into whose custody the prisoners went were called axes or axmen of two cuttings. the attorneys of our courts. the sureties of the plaintiffs and defendants from the bonds into which they had entered before the trial. mentioned above. or as he is called in Forgaill. or security for costs. xiv. pending the trial. or * persons qualified to . between fessed his inability to explain. persons Cclxvii who owed service to the King's Bench or Airecht i^^o. Ansruth. in the Library of Trinity Col- the years 1509 and 1511. who brought up thieves and other malefactors whom he had arrested. H. etc. make Naidms or knots. 3. The first class named are Nascaires. to enter into bonds and give These were the Aires Cosraing. The Caichen do da Aaill. who supported his testimony by their oaths. persons who drew by were their oaths of the guilt. is excommentary on the text in the MS. The second name. This list of names forms part of the fragment describing the Irish courts. •»«* P. the I be sufficiently following brief explanation will the of idea organization and character of convey an accurate correct to found the ancient Irish Court of King's Bench. 18. . They appear to have corresponded The word literally means a to the Welsh Kannlau or guider. were the apparitors at the bar. because they relieved. and to whom traversers surrendered.Analysis of deisin. so naively conlege. the Sruithem. which the law scribe.. Dublin. testifiers of two oaths. piled the vellum MS. that is. who cleared him The Diabalcorach no do Fille who performed the same functions as qualified lawyers. presented unusual difficulty. the twelve classes. as I have already mentioned/^^ believe that. although I may not have determined in every instance the true functions of the various classes named. folder up or a doubler up of justice. which means literally axemen of two Gerefas of territories plained in the who took charge cuttings. The Fihtha do da crecha. but he was more likely the second law tract in the Appendix. Thetwei^ve words are obscure. and only very few of them are to be found ^°'™j"/g/'"' ^I'fflcuu in existing glossaries. sibilities of the prisoners As the responof the prisoners' bails or sureties were thereby cut. that is. and the compurgators of the defendant.

Mdr Palgrave. side court. when the parties entered into the agreement. The term perhaps included all Flatlis. and to accept the verdict of the court and give bail for any of them against whom a judgment registered. were in the first formations were taken. chief or highest of the council of each Fine. An Tengtaid ar da Feth Airecht no Danaig. o hel acas o tengaig. they were the elected representatives of Fines. who attended to give testimony for the members of their Fine. the tongue men or eloquent men.cclxviii The twelve classes of INTRODUCTION. was a high court of all 48C for the trial causes arising between different territories forming a cU. Airlighe ar da Cleth. were the Suith or lastly Sahaid. Airecht Fodeisin. or decisions of the court. judgments given and acts done in In ancient times the memorials of courts were not written down. formed the was The — Cuicer na Fine.^^^ The Taeb Airecht. were those tyle. Aires Fine. And the Suitengaidh no do Fethaigther. or heads of Fines. corresponding to the Welsh TeisbanThe Brethem no Dobeir. place those court or Airecht Flatlis who had the right of holding a manorial Foleith. judges or givers. 146. fine in the county court England in former times record of a suit was made by four knights the record of a was made by the judges and four knights who were present in . cleaners or burnishers. for the pleader. high nobles of great state. the were the members advisers. tongue". p. or as " from mouth and the Irish expressed it. Conn Conda Secha were the Chiefs of Kindred. . but were entrusted to the recollection of the " judges and suitors. and who were therefore magistrates before whom inToisi. as I have before mentioned. because. the Berra Airechta. This record was given ore tonus". private informations coming under Urrvdas or common law. op. with the Aire Fine. and through whom summons and plaints were served. their business being to make the case of Ard arcon imod their clients as pure and as bright as possible. Thus The Taeh Airecht. could be made before three Aires Desa. or Chief of Kindred. who spoke or waited upon the court for the purpose of who gave bearinor witness as to the their presence. who had a recognized position derived from land or profession.. tlie up or prepared cases Nuihen were advocates The Slimred no do The words literally mean or pleaders. four who.

a Secga. and sureties. and. ever. we are told In a prethat the hostages were there on their own account. Tuath.INTRODUCTION. . who sat there in In it are seated historians and king-kings. and that keeping of such hostages they were entitled to have erected for them a special fosse around their Dun. p. The functions ot the persons called Sic Oc in the passage alluded to correspond fully to those of an ambassador and judge. Sic Oc. that this court is established at " Taeb the fides".e. ii.^ ^"^J quoted from the laws below. As these hostages were pledges among other things for submisfor the safe sion to the jurisdiction of the high court. and hostages for themselves alone [i.e. kinor-khig.e. 510. and hosAirec/tt. i. Vol.e.e. interested guarantors are the representatives of the territories in the causes brought before the court.e. i. It is. Secg. and guarantors/'*' In — the passage of the laws. T. i. These guarantors are also called Sic Oc in the passage "eaj'jj'g^l. 18. i. an ambassador. and with Old on the Oc Aire. by showing a precedent b. tages. discipline. Sic Oc.. It Cclxix was properly the court of the Rig M6r Tuatha or the It was composed of three classes of persons. App. for each particular case". In another note I have suggested that oc may be connected with Gothic ogjan. 57. MS. i. evident that the words Sic Oc are applied to the gua- rantors as if to explain the grounds upon which they had seats in the court. and guarantors. as such.. and it is for proving it. descriptive of this court. howto terrify. hostages.C D II 3. and guarantors. as opposed to the king-kings. classes entrusted with the genealogies of families professional and the records of the county.e. because that is the business for which the historians are kept there. same tract in the judge. i. The reason it is called 2ae6 Airec/tt is because it is for explaining and proving the records. the rojal kings.e. The commentator explains this passage as follows: Airecht. Old High German aJci. is intelligible. on their own account]. Sic. i. ie. ceding section I have mentioned that the kings of M6r Tuatlis had hostages for the fulfilment of Ceilsinne or homage. The reason why it is called Taeb Airecht is because it is for giving history. In a note to the Critli Gablach*^^ I have connected one of these words. with Anglo-Saxon Frisian Asega. and king-kings. *" " Taeb the court for the giving of both sides [of a case]. the expression that The they were there on their own account. for explaining the knowledge "^s of history. responsible for costs and judgments.

Sac or "Sak" meant a cause arising in a Socn or " Soke". their Tanists. to or manor. shows clearly that it was the hin-h. or Irish Foleith hence the term — Court Leet given to such a court.''^" Cul. Soc or Soke was also used in other connections to express a right of some kind within a certain district. and Ollamhs. court of appeal. and "soke". or more anciently Faod. Sic Oo. from the root sak. of this Each province appears to have had the authority of the paramount kino. composed of kings. was the high court of appeal. the liberty of liaving a fold.was as it was while Tara was the seat fully recognised. there. The commentator observes . according as they when Sooi has been connected with ploughing. it is in it that kings and bishops and Sic Oc and Ollamhs are seated. is because they are the learned nobles who sit behind the other courts for drawing up judgments and proving them by precedents. Aires Ard. A Sic Oc was. generally of government. °^" "c^"^* This suggests a connection between Sic Oc or Sicc Occ and the English law term "sak and soke". and kings Aires Tuisi. they formed the Leode.cclxx ^^^^^ w"th''s'al" INTRODUCTION. aside or confirmed. in which the judgments of the lower courts term being applied to the highest rank of judges. corresponding to the Irish Ful-Soc. Aire entitled to a Foleith. was originally the society or allied families which carried on constant and direct intercourse with each other. soci-etas.y. "0 Cul-Airecht. the latter ^^'^^ description court given in the laws. The Swedish Fogde and German Vogt Gospels are cognate forms of the same word. The reason it is called the Cul Airecht. the magnates of the Mdr Tuath. bishops. Aires Forgaill. Solen is obviously the same as the Sacken or jurisdiction of the Sub-Fowds or deputy governors of the Zetland Islands. but this is a mere gues?. Fowd. and submitted their disputes to the head of the society and the principal men of the community. Rear Court. represents fadhs in the term Hunda fadhs. The tenants'*^ of the lord were hence called Socmen. The Files. and as freemen owing suit to the manor court. the judgments of these provincial courts were not final. Faldsoc. and the cognate stems in other Aryan languages. rear court. pleaders. an liold a court within his Socn The guarantors of the Taeb Airecht were therefore of Tuaths. perhaps right iii connecting it with the Latin stem soci-us. Socn first became Soken and then Soke. and set seemed good or bad. and other professional classes.Airecht.— e. Virechi or Spth' Cul. that is. in causes of general national importance Avhich came its were reviewed. in other words. Hampson is. given in the Anglo-Saxon version of the to the cen- turion. therefore.Airecht . It *8» fore. that is in the manor or jurisdiction of a lord.

In addition to the term just named.e.. II. his son. noble. . it territories respecting nigliways. Cairde.. connected therewith. Cclxxi under the Cain Righ Erind^ or Cain of the high king. Birlaw. old words Urrad and Urrudas are obviously connected with the (N. we meet with three other words which are used in law books to distinguish the different kinds oiRechts or laws.D. ancient counsel. was superior to all other laws. In a Brehon's advice to land. 85.INTRODUCTION. he them the Urrudas is the noblest"/'^ says: "Of I'ltcrtenito- A Cairde appears to have been a contract. 3. and accordingly the only professional class mentioned in connection with that court are historians. Tlie Anglo-Saxon ^'^ or. It is in it they kings and bishops.e.e. and chief poets. 4.e. because their court for giving their is the court wliich is behind the rest for judg- judgments and precedents. and Cditu 1 i-» term tor law Urrudas was the common or traditional law of the country. why it is rear. T. 18. ^^' and like the common law of Engmitive or original counsel. high hence Urrad^ a counsellor. Common The word means privaried by custom in different places. as the and the most to fees. — . The " creneral term for law in Irish appears to have been Recht. was a person of position. and Sic Oc.S'. The court which had do with Cairde was the Taeh-Airecht. primitive. i. i. e. fines boundaries. territory. the chiefs or chief councillors of the Cric/te or ment. a bail. the true interpretation of every judgment".g. Urrainain na Cliche. law were decided in courts held for a Cairde. the Irish tir has the secondary meaning.C. *3' Besides the primary meaning.e. 22. such as Brughrecht orinirisii. Urrudas. namely. H. MS. etc. the court of appeal for such causes was the Cid-Airecht of Tara.G. i. whose business it was to know everything connected with the boundaries of territories. b. wont i. This called Cul Airecht: because they are the nobles who are to the making on are is this : " Cul Airecht. 57. that is orrded.D. to be. old.C.— J/. T. bloodshed. and levying of Dire and other legal for forays.II. bye-laws and regulations made for the execution and fulfilment of such contracts or treaties. p. etc. ur) and raed. i. etc. . the genealogies cases involving technical No disputed of families. we are to understand When used in the sense of law. p. especially one entered mto between adjoinmg theft. a court which is behind the re?t. counsel.— original. after naming the three kinds of law. contracts formerly entered into. General which was also used in compound words.

are called the Cain Fuithrime. at least in their earThere can be no doubt. It is therefore word probable that there was in early Anglo-Saxon cognate with the Irish Cain.- INTRODUCTION. t n'' r i ent courts. The cxistence of different courts of law. sat together in the Cul. probably one of the high In the king's court or Airecht magistrates called a Neimid. or chief justices of the king's court. was presided over by a professional who was. Cain where it was enacted or pro- I have already pointed mulgated. as Cain Fuithrime. by which ancient Irish society was regulated. nor are we informed whether they were of coordinate rank.. or with the place up. •. that theie were dineient ranks or judges.. or only judges of special judges of lower courts. Again. the Munstcr laws. we do not know whether they were the the Court of King's Bench. no Dobeir. whether common law or sense the general ancient statute law. however. codified in twelve books..D. but of statute law. The laws and ordinances enacted in assemblies of the people were Cana^ and hence almost every Cain was connected with the name CcUn of the person who drew^ it Cormaic. the besides Fodeisin there were. the chief judge or Ollamh. A . in the time of Finghin. as I have said before. son of Amalgad. of codified law.. out the connection between the term Cain and the AngloSaxon Cyn in Cynbote. i • It is not probable that any professional judges were connected with the Airechts Foleith or Courts Leet. or Courts of Pleas. who The judges died A. that the Court of liest form. etc. 694. judge. Again. etc. or Airecht Urnaidi. possessing different of the differ.. by Amergin. who were clearly judges persons called Brethem of inferior rank to the presiding judge.Airecht or high court of appeal.. .Cclxxii Cain or sta. was called the Cain FenecJias or laws of the Fines. or the king's share of legal fines. and which has been pre- The word Cdia is sometimes used also in served in Cynbote. jurisdictions. common and statute. Thus the whole of the laws. The recovery of such fines would not come under the provisions of common law. who sat in the former in the same way that the Ollanihs. Their number is nowhere given. implies . such as Cain Adamnain. for the king could only have become a entitled to them in virtue of some specific enactment. king of that province. Pleas. Isiw Corresponded to our statute law.

the pleading counsellor. The two branches of the profession appear to have been quite distinct. Slimrid 7io do Nuiben.FoleitJ'. 18* . barrister. though it is not probable that he had much direct connection with the king's manor court. . because he or wound up the case of his client for the pleader or prepared barristers of the king's court are called. ment'oncd. as they were in Wales - also. and consequently held a Court Lcct. seems to me to Gothic aite. or high court of appeal. The profession of law appears to have been in a singularly advanced stage of organization for so early a period. Like barrister. to plead. p. though it was lawful for him to keep a judge. I have suggested tliat the true origin may have been cognate forms of — from tornare. The fully qualified attorney of the king's court was also called a Diabaicorach. as I description have already explained. 1 The entitled to practise in the higher fully qualified attorcourts was called a Fir Ebe or The Ollamh Aighne. The There were four grades or ranks of advocates. over which he must liave himself presided. whose relative Four grades ranks as measured by their Firic. or winder or folder up of justice. 1 • The 1) . was entitled to an eiric of nine cows. The Crith Gablach tells us that a king was himself a judge. the junior barrister of the first rank. TT 1 Wales was " the guider ot the barIn Ireland the former was called an Ebe. was only highest rank of advocate was the barristers of this rank who were entitled to plead in the Cul-Airecht. called ''the dispenser of justice". or arguer. latter an Aighne. tew. cleansers or polishers. it probably giew up exclusively on Celtic ground. 474). that is. the attorney m and the ney "the pleader". ('ertainly the nurturer or getter up of a plea is a much more rational origin for attorney than the one above Irish aitte. Fairbe}'^^ It attorney. to four cows and of the lowest or second rank. represen.The f» 1 tative of rister. who aided the king in everything connected with the administration of justice. INT.INTRODUCTION. ii. «9'? Tiie usual derivation given for attorney be very unsatisfactory indeed a mere guess. which would give the compound Athumaide. to six cows. at 1 an early period. This judge was the Ollamh BrpAhammds or chief justice of the Airecht Fodeisin. and uinaide. were as follows: the first. in the of that court. Cclxxlii Rig Tuatha had a. a father or nurturer. In a note to tlie CrUh Gahlack (vol.

Hickes (Gr. i. we may Celtic and Latin word. given to rank. to give. In modern Danish and Swedish this word means the spines or leaves of coniferous trees.. from a Celtic form. as in Dobeir. and variously written -astair.. There is also an Old Norse bai-r. In addition to the names given in the text to lawyers. the Brethem no Dobeir. Dano-Norman. e.*^* first The title " king's court were perhaps the king's counsellors. which is translated by Egilsson. Angl. The Irish word beir. in which the word This word. the dispenser of justice". The Brethem no Dobeir of the three cows. Of these he prefers the first. and when ufed to characterize a function.Cclxxiv Four grades to ters . as I have already mentioned. was surrounded by an empty The space or sanctuary. If we admit the latter. a barrister. when joined witli a preposition. to stand There is an objection to this word as being a hybrid made up of a As the term grew up on Celtic ground. which have never yet been satisfactorily ex*3^ «* MS. was surrounded by hazel twigs. seems to imply that they were rather judges than professional advocates. etc.*'^ I have already mentioned that advocates were not entitled to T. formed by an Imi. would be one at bar. Welsh bar. we also meet with the word Berrach. which. the AtlamTil (str. -esiar. H. reciting. meant a man of the barr. or fence. The use of the word •'bar" for a plea or peremptory exception made by a defendant sufficient to stop for a time or entirely overthrow a plaintiflf's action. to bear. in front of which prisoners were placed. which is This word is a noungenerally considered to mean a junior barrister. Dr. it occurs with milH. French barreau. verb bera. pleading. The second of the names of the counsellors of the King's Court. made of the boughs of trees or roughly hewn bars of wood. cerfeinly to be preferred to the subjective origin Like the Lagrett of the Scandinavian Laghman. which among many other meanings has those of Thus etc. as mutuas contentiones alternare. adjective. chair or seat of the Irish Breithenm. . in 95) beraz rbg milli.. formed by adding the suffix -ach to barr. and quotes from MS. Romance young leaves. and lawyers pleaded. indicative mood. it put forth neither bark nor leaves (str. or judge. 50). and identical with the dispensers of justice. which he considers to be occurs in the sense of contention. legitimately conclude that if any part be Celtic. 231) " baret" quotes a passage from an Old English poem. which signifies buds or plained. is of some interest in connection with the origin of the words " bar" and " barrister". objective. found in the old MSS. and the cognate forms in languages. barrastar. p. the whole O'Donovan first drew attention to a verbal ending of the third person singular.N.D. a bough or branch of a tree. has all tiie secondary meanings of the Norse is —they are indeed almost the same word. as in the Havamal: hlyrat kenni borJcr ne bar?-. is Celtic. between. past tense. INTRODUCTION. the other Diez derives English bar. 18. This accurately expresses the fundamental idea of the functions of barristers. alternating.g. 3. may be connected with the O. 518.C. bar-astare. admits of either the subjective or the objective derivation. to bear. -uslar.-Sax. so as to leave an open The space. or according to the old spelling. who stood at bar.

Fiadnaise. words.. made privately. appear to have sued and pleaded in their own name. ring. in the library of Trinity College. rendered himself liable for damages if he failed to prove his indictment. if the accused was not suitors. Jiaiili. 3. and was called a that is knot-man. even in prosecu. pp. should also be made before three Aires. who pleaded. the Irish 18. for any mj ury or insult. pressive of the act of pleading. and therefore in his own pledge. his Aithech ar a Threha. or instituted legal proceedings of any kind. the Avord "« * J/5'. or svied him for a debt. Language. or his Chief of Kindred. E. Dublin. They ^"9 1 rY> T 1 • r' • ^ *<? were legally classed titled to in this respect with the Cainte or satirist. If we substitute the cognate stem heir for The verbal form exbreith. or if a member of a Congilda. A Grammar of 18* B .INTRODUCTION.* the interesting form breitheamnastair "judicavit". Every legal contract appears to have been executed in the presence of three Aires. one of whom acted as a magistrate on the occasion. that is to the special damaws awarded as the price advocates not entitled ^ r ^• r^T or a man s ouended dignity. murder. and which indicated the function of the man. Fer Nadma. In the case of Bothachs and Fuidirs. contract or bargain was called a Naidm or knot.^"" could be suitors of a court. and Aitive. CclxXV Loq Enech. wealth to entitle them to be classed those having the Cuig Rath Cedech. from The Nador a The second Aire acted as a Eaith.ff. the complainant or plaintiff". Any one who made a charge against another. r. When any one charged another with a crime. we shall have beirastair. 2. or a Nascaire.^»>«« only could be tion for theft. or filed a defence to a charge or to a civil action. The various legal capacities in which the Aire was among various ca- called . None hwt Aires himself an Aire. in other a man or. or other crime.C. the Flaths upon whose estate as possessed sufficient Such Fuidirs they lived were the nominal defendants. being sometimes used to designate the man himself barrastar came in time to be used as a noun. and the third Nascaue. those ot JS'aidm. the nominal defendant was an Aire of his immediate family. he pleaded. or barraatar. were winch a suitor acted. Toing. 15.518. 176. nasc.Z). as a Fiadnaise. 175. Nadmann. or five hundreds of chattels. a A7 7 -n • 7 T-' rrt A word cognate with the Latin Nexum. upon p to act as indicated in the • Crit/t ^ Gahlach. employed to abuse others was not en- claim damages when abused himself. 7tiii7i'ii I have already mentioned that a criminal infor- mation.

and like Naidm. and other questions. or verdict. performed similar functions to a modern grand jury. that ^Raiv!ma n^Rcbii^i' Welsh Laws was accordingly unable to determine Nodman. or other malicious injuries. and the witnesses for the prosecution or defence in a criminal case. signifies couuscl. The Nadmann corresponded ^ . whose name he derives from is the true the Latin a person of distinction. and deliberating whether there were sufficient for a criminal prosecution on the other.Cclxxvi INTKODIJCTION. In law the Welsh tracts. In the Welsh Laws his functions are very obscure. compensation. . the Welsh Gwr Nod. etc. and other damages. if possessing tlie necessary qualifications. because he is spoken of merely as a standard of rank for forming a Rhaiili or jury of compurgators. I must briefly state here the general procedure in criminal and civil trials. a deliberative voice in a Mathluagli. who made "record of court". as in the Critli Gablach. arson. instead of as to Nadmann. and the third as Fiadnaise or witness. that there seems The analogy little is so complete m many ways doubt that the origin of the grand jury system is to be traced back to an organization analogous to the Irish one. or damages for murder. and he acted a compurgator or juryman. The functions of a Raitlimann were twofold: he had or Tocomracli. In order to understand rightly the functions of the Raith as a compurgator.. one of whom acted as Fer-Nadma. as . Raitlimann. the second as Raitli. or Nodman. Dal. in the same way that juries in certain important cases The editor of the are now taken from the grand jury panel. before three Aires. corresponding in many respects to the Roman Libripens. This is not an easy task. or binder. respectively entered into a Naidm or bond for the law costs. dccision. or for the plaintiff or defendant in civil actions. as is put for the man who gave upon fiscal it. the act being put for the actor. from the fragmentary character of the contents of the existing legal manuscripts. character of the notus. not so much from lack of materials. and the difficult and One of the technical language in which they are written. a Nodman a man is described as a Naidm. a Raith. jury of Raiths deliberating about the applotment o^ Dire. etc. and the accused or defendant. or making presentments for highways A grounds on the one hand.

what may be may be considered to fairly reprecalled the general procedure in criminal The following account of this procedure is summarized from the Cana Com-ithe acas Com-gaite. ^^'' Persons who were promoted to be Aires "worthy" possessed the necessary property qualification when proclaimed at a i>a^ or as. The accused was summoned to appear before the court to answer the charge. there was Different infor- the Amrus or information based on suspicion (Doicli). or even understanding them disqualifications of Fiadnaisa. which very naively expresses the great difficulty " The end of the of digesting them.INTUODUCTION. and lastly. were deemed " unworthy" (Esinnraic). a. he was arrested by the Dae. for I do not think : what I have of them i. but upon the cuimre briathar. which sent cases. or if he refused or disregarded The second step the summons. arson. violence.occiiure m tnais: native and not borrowed. sons were or deemed " worthy" men (Jnnraic or ludruic. let the blame of the errors not be charged on me. 88. The first step in a criminal prosecution was to lodge an information of either of the foregoing kinds. though having it. el seg. unless in self defence..worthy "wit sembly of the notables of the Ttiath. value. or who had in any way befouled their honour. language quent is pii. pri- vate informations (Toraic). robbery or theft. had not been duly promoted to the rank oi Aire. or vileges. and it is not from [lack] of books. and conscstrongest proofs of the antiquity is that the technical Irish of the laws. second. And if you find fault with what I have done down to this. Those who did not possess the necessary property who. a. 48. or laws of co-eating and co-stealing. 1 shall take as my example of trials that followed in a case of legal procedure in criminal larceny of cattle.e. or other serious crimes. the intricate or crooked words". contained in a law manuscript in the British Museum. insufficient. first. such as by making a base or unlawful use of their priqualification. perfect worthy). Such perperjury. and in serious cases. not to have committed murder or manslaughter. consisted in the complainant giving evidence in support of his *9' Egerton. The compiler of the MS. . has put a note in Irish at the end of these laws. or who had committed any of the crimes above mentioned. f. minai there was the Faisneis or ordinary information based on positive knowledge of an eye-witness or eye-witnesses. Cclxxvii and originality. Criminal informations were of three kinds .

or merely for damages. or break- " ing of cinders. still commonly used . to make a solemn by was bound to a Dligi hes BritJiir. procedure being the same at each stage of the suit. or if the latter were of higher rank than the former. which represents his honour. plainant and defendant were of the same rank. but also on his family and household. whether the complainant sued on a criminal charge. so that hia fire. and if so. the latter was obliged to go into the house of the former. whether the evidence was circumstantial or direct and lastly. The terms yrisach and grisach dearg inso in the sense of as denunciatory epithets "shame". . for instance. if the comcording to the relative rank of the parties. the accused party is. as it conveyed the idea of guilt. number was regulated first complainant made the charge were This the circumstance whether the by in his own behalf or in that of a third party. and "burning shame".ccb xxvin INTRODUCTION. it will only be necessary to take them into account at one stage. next as to whether the complainant and defendant were both " worthy" or both " unworthy". that oath at an altar that he had no knowledge of the crime. If a " worthy" man made an Amrus in his own behalf against an " unworthy" man. are by the Irish speaking people. The influence of these several causes on the . the accused was bound dithach. next. or one of them " "worthy" and the other unworthy". that is.*^^ confirma- In Order minai to confirm a charge. *^^ worthy complainant was corrobo"worthy" person. of the present Irish speaking people. namely. he made a solemn oath of by the oath This old law was doubtless the origin of the Briseadh Grisaig. the same number of persons required to make oath as in making the informations. charge. The Breaking of Cinders" means to charge and confirm guilt on a man at his own hearth. acThus. that he suspected him to have been an accomplice or accessory in the stealing of cattle or other simple expurgation chattels. which. either in liis own house or in that of the accused. and not only on the individual himself. If the accuser were higher than the accused. at the hearing or confirmation of a charge. and his denial was corroborated of another " worthy" person. the complainant went into the house of the defendant. rated to a If the oath of the that of another Dligi cloitli denial at an altar. is broken up into cinders. The trampling of a man's cinders was one of the greatest insults which could be offered to him. and there confirmed the charge at his own hearth.

if not of all criminal in.the Crann*^^"'' ^"* 1 sistedm puttmg mto a box or pot black. dictment or crimes. this kind for the defence was called a Beo Caindel or living candle. it made only an Arracur or filing of the charge. white. in the case of many. made a Tuai'astal. 88. against The unsupported evidence of a " worthy" man " an unworthy" man in behalf of a third party.. however In the first case the accused was bound the Fir m or expurga- to expurgate hnnself by a Fir De^ or to submit to the ordeal "on. a means of admitting light to the blind. If a complainant chose to sue for damages. except a lew lor which the punishment of death was c'vii process. casting. Tuara$ No one is. But if the complainant's oath were supported by that of another person who was a disinterested witness {Coitcend Fiadnaise). and in the presence of the complainant and his witnesses. of a Crannclmr or casting of lots. both himself and his oath-men. cused party were in a position to prove a satisfactory alibi. solemn oaths at the altar.INTRODUCTION. unless the indictment was supported by a TuarastaL If a " worthy" behalf.. if he could bring forward satisfactory positive evidence to • • • 1 Till- TT111 °'' Positive evidence of upset the Tuarastal. Fir De consisted in the A accused going with a certain number of oath-men before the Arcinnech of the district. It •' . a Tuarastal was estabhshed. appears to have been optional with a complainant to compuinproceed either by criminal indictment or by civil process for proceed either by damages and compensation. inflicted. If he drew the former. cciv. p. his oath Brit. Mils. against an " unworthy" man. 48. he was in the same position as if a Tuarastal had been established If the acagainst him."' conld be convicted of a crime or made liable for the costs and damages. and red pebbles.^"** The ordeal of Crannchur con. that is. in the possession of the Earl of FiugaL 499 MS^ the name ^•^ See last paragraph of lote 370. Cclxxix tiie a TuarastaL that Direct or positive evidence in support of a charge was called This term is explained by an old gloss as a door. p. his unsupported evidence did not make a Tuarastal. he was acquitted. . swearing. Egerton. This is obviously the origin of of " The Light to the Blind". man made a Faisneis or information in his own founded on direct evidence. from which the accused was to draw until he drew either a black or white one. given to the manuscript relating to the Williamite wars. a. a.

and for the highest of the two lower classes of Aire Forgaill.'"' he succeeded in clearing himself by compurgaIf the plaintiff was unable to find the three sustaining "" The following extract gives an idea of the amount of the leech-fee or Log-Leaga. an unworthy defendant became a Fiachach. unless tion. as in criminal actions. Two Cumals for the maim of a houseless. and an Aire Forgaill of the first class. a Herenech. chattels in a case of larceny. consisting of the Aire Fine and the four worthies of the Fine.. and dant. It appears that no action of the kind was taken without the consent of the Cuicer na Fine. " in civil a action was supported by the oaths worthy" plaintiff of three qualified witnesses before the council of the Fine. a Sai. or cost of maintaining a wounded man who had been maimed for life. as well as for Aiihgin or restitution of the stolen leech fee. you have still nine cows. Give four cows and a heifer to the doctor. Seven Cumals for the maim of the Aire Four Cumals for the maim of a Bo Aire and of Tuisi and the Aire Desa. The six cows that you deducted above for the doctor's concealment or the facility of division.e. should be supported by the oaths of three disinterested witnesses instead of one. deduct six cows for the facility of apportioning. to diet. he was rendered liable for the Enecland.cclxxx INTRODUCTION. and all who rank with him. the man who performs his duties while he is ill] alone.e. a professor. so that nine persons in all were and damages costs . parts to the substitute. or leech-fee. a Cumal for the maim of a horse-boy and of a slave. Dire. homeless man . while recovering from his wound. two parts Give four of those and one part to the atten- "Four score Screpalls and three Pingins and the four-sevenths of a Pingin is the value of the substitute's share of the cows. or for Log Leaga. When the oath of a concerned in the action for damages. etc. that is. and for the doctor's concealment [i. an Og Aire. divide them into seven parts. and of the Foluch Othrusa. "Erom these twice seven Cumals above. You have still twice eighteen cows remaining. who constituted the GeilJine or pledges of the Fine. in case of unlawful wound- ing. Seven and a half Cumals are p lid for the Aire Ard. or cost of maintenance. You have still eighteen cows remaining. Two score Screpalls and three . Folacli. a bishop. and other Fiacha Rechtge or law costs. and four cows and a heifer to the man who raises the patient up and lays him down and moves him about during his illness. Give eighteen of these to the substitute of the disabled man [i. or the doctor may be restrained by the illegality of such an act. Give nine of these for diet. as a bribe for the doctor concealing the real state of the wound]. or family council. " There are twice seven Cumals (forty-two cows) to be paid for the [expenses of healing] of a Rig. an Ollamh.

the accused was condemned to pay the costs and established a full damages unless he could The clear himself by expurgation. is. provided that he confessed his guilt be- Pingins and two-sevenths of a Pingin for diet. and that his oath was supported by " and disinterested witness. . Cclxxxi oathmen. evidence of a principal. or family council.information cessory before or after the fact. that is.INTRODUCTION. If an unworthy" man made a charge in his own behalf against another '^unworthy" man. the person accused of the worthy" Lith or offence was bound to clear himself by a Fir Teist. it was a Tuarastal. it was a Tuarastal fastaide Fiach. accomplice. If an " unworthy" person made a Taraic or private information on behalf of a third party. 35. — R. for instance. and if his oath was corroborated by that of an independent witness. " If a "worthy" man made a Faisneis against another worthy" the oath of another man. he cases the accused *' unworthy" man if his evidence was supported by only proved a half -^rra. the accused was only bound to a Dligi hes In some Brithir. An only bound a full Arra or charge in behalf of a third party after he had made his oath on the Gospels. as. Screpalls for a wound for which seven calves was the fine of infliction". could only be received. and if supported by the oaths of three persons. And " except in special cases his evidence did not bind a worthy" " defendant in damages and costs.. a full Arra was established. who admitted his participation piice or ac- in the crime. or oath on the Gospels at his own house. A cow and a heifer for a wound for which six calves is the fine of infliction. Twenty Screpalls and a Pingin and a half is the share of the attendant " Four cows and a heifer to the doctor for the cure of a maim from a king and from those who are of equal value with him. his evidence had the same " value as that of a worthy" man in his own behalf. " •' unworthy" man charged a worthy" man with larceny or other crime. A cow and eighteen MS. 22. that Com purga- by compurgation. or accessory. if an accomplice or ac. he Arra. 5. but the oath of another person. the defendant was only chur or casting of lots. or that his Geil/ine. that is. swore an information. Three cows for a maim for which the fine of infliction would be three cows. did not suprendered liable to a Crannport him. p.A. however. If an was not obliged to make oath at all.I.

otherwise his evidence was contemptuously called an A isneis 3Ieirle. carried away by the plaintiff. -. which varied according to the character of the action.." WOT- false. ticss or Gabhail. iti tain number of days. it came under Urrha- the Fasc or summons. in the first instance. Thus a Toraic could be made Procedure in before a " worthy" priest whether dus or Cain law. Properly s^jeaking.•• m it Gahhaii was. need be only Aires Desa. namely. the Gahhaii or distress . One of the Aires acted as Nadmann. he was Slan or whole. Having done this. naiae. or thief's inforPrivate information of*- mation. ^''2 strictly speaking. a Fasc. a distress by the body. ii. Urrhudas volvmg |)ut in cases involving Cain or statute law. It seems very probable that the place where persons taken in distress were secured came in time to be itself called a Gabhail or jail. before three Aires. the plaintiff levied a dis. If. . 608-509) and in a note (No. only a Fastad or attachment as jail. Thus. pp. in cases inor customary law.. the distress was Angio-baxon Ji<xcept The not. in the passage in question. and distress. or binder. and gave security for all costs and damages to which his crime may have rendered him liable. and damages to which were proved that the charge Raith. xDut. 566) I have endeavoured to show that the word jail • is really derived from Gabhail. and paid his share of the Aithgin or restitution. anaccomplice or ac- cessory mads to three magistrates. and the third as FiadPriests could also re- ceive private information. should be Aires Ard. in an action for the recovery of a debt. was served upon the debtor. and did not establish a charge even against his acToraic of this kind should be made. piamt or ciami.^°'^ o< i . attachment. the debt was not paid. The second acted as who made "record of court". he was himself accused of the crime. certain cases. which exactly corresponded to the JVam of t-i faw. . and already pointed -L •' '-' ' bound over the prosecutor and such law costs as the former his witnesses not only to pay may become liable to if he failed to establish his charge. their privileges in this respect being much greater than those of laymen. A . after a cer-. but also the costs both would become liable if it was or to a. as I have complicc. This word has been translated in the Crith Gablach (vol. by summons.Cclxxxii fore INTRODUCTION. Gabhail means. who. or summons setting forth the nature of the . The procedure in civil actions under Irish law was identical with that under English Common Law..

was then served upon the cattle. was to remain in the Anad the hands of the owner under attachment was carefully The prescribed by the law for almost every kind of chattel. of the forests either by goods or chattels. especially in those on dress and ornament. that stay he remained this view may be questioned. plead. or Anad. like the attachlamcnta CCXXXlll old forest laws of of the Irish officers bonorum of Anglo-Norman law. It is usually without food. or The Aii'lis. and remaining there for a certain time fixed by the law according to the nature of the suit. which was a summons to the defendant to pay or replevy and The two words are often used synonymously.^"*^ or notice.the pound tuted one of the jFbrMs^s^"^ of the Tuath. cases of trespass. the life. the residence of a magistrate with O. or distress. was only one day. *"' Cf. held himself. in examples of this stay are given in the course of the Lectures. before making his distress.Forus. that is. by the body. Forus.. ov en. the second notice. he could be arrested In certain cases. assumed that during this But is. and before he made his dis- Trosca given tress. Fori5i. affainst vert and venison. or by the body only of offenders pledges. The England afford us complete parallel examples Thus the attachment taken by the procedure.INTRODUCTION. served as pound for distrained An Apad. Several as much as nine. N. he literally fasted. In some others cases the stay. the plaintiff was obliged him his summons or Fasc. were exactly like the similar offences. was properly the Fasc . tried in the BrughLand might also be taken in distress as courts of Ireland. and brought before the attachment by the verderors every forty days. well as dead and live chattels. as for instance where the defendant was a tiie to " fast" upon him. If the claim of the plaintiff was not satisfied before the end of the stay or Anad. or summons and plaint. was the Apad. and gave them into the possession of a Fer Foruis. and if the defendant was a courts. pauper. after he had Rig. and mainprize. Irish means or place for supporting b'r to nourish. A Trosca or fasting was made by the plaintiff going to the defendant's house. which is equivalent to the Sanskrit b'rli *"* The first notice. or time which the Gahhail. etc. one of the Aires whose residence consti. closed paddock of each Forus. he carried off the distrained chattels. .

if it exceeded the . informing him that the distress had been carried away.cclxj XXIV INTRODUCTION. tation. In This was the Gahhail cotoxal. before impounding chattels which had been attached. and to answer him at law. the At Lohad amount of the plaintiff's claim. or distress with asporthis case the defendant might replevy before the end of the Anad or stay. or during which they might be replevied. consisting of some article of value. he gave a Gelt or pledge. or even his own who would enter into as a Naidm bond for the amount of the debt or damages. or stay. to the earliest antecedent long Immediate distress . expired. In some cases. that is. by giving pledges to the Fer Foruis. and recovered his property . the distress being at once carried off to the Forus. though practised in Ireland plevin English recorded traces of it in England. If the defendant disputed the claim of the plaintiff and determined to try the right of the latter. the surplus was paid over to the defendant If the person distrained replevied. of the question of right. the debt was extinguished if it did not cover the amount of the debt and costs. the Re Uithma or detttntion in pound . Replevin . the this He Dithma the lohad or sale of the distress. and of the Foriis where it was impounded. whether merely attached or taken in immediate or period of detention arthe defendant rived. and under certain special circumstances. and serving notice of the replevin upon the plaintiff. defendant. When the Re distress. Mind Or he might or find an Aitire or bail. together with the costs. When the Anad. commenced. '' and of the parties in the suit. but he could not replevy after the expiration of the Anad. such as a brooch. there was no attachment. the auction or forfeiture of The period of this " wasting" was the distressed property. or wasting". might recover the During period the and distrained property by paying debt costs. as well as for all attendant costs. This process pending the In either case the attachment is exactly the same as the reof common law. Dithma. was taken off. a son. fixed by law according to the value of the property. them. the defendant might purchase the whole of the If a distress covered forfeited property or any portion of it. the Lohad. or diadem. or time of stay in pound expired. a second distress was taken . the special circumstances of the case. the case trial may be.

The same fate befel an Aitire who. and the defendant a Ciimhach Nadma. Q. so. was unable to meet the liabilities to which he had rendered himself liable in case of an adverse verdict. became a Cimhid. CclxXXV Fer Foru^s.C. the distrained party. even action of law. I cannot express the satisfaction I felt when I found tliis able lawyer and acute scholar had clearly detected in . them could not be made were otherwise unlawfully withholden.D. Since the above was put in type I have seen an essay by Samuel " On the Rudiments of the Common Law discover- able in the published portion of the Senchus Mor".INTRODUCTION. 1807. valent to a notice of tain time After the issue of the Apad a cer- enable both parties to prepare for On the last day of this stay or interval. Apad Nadma Aitire or notice of bail-bond. an Athgahhail. At the trial the plaintiff sought to secure a or fastening of the bond. could levy on the plaintiff a distress of equal This second distress was called value to that taken from him. plevied and became the to do failed forfeit. that had been given. by a Gabhail co toxal. or immediate tj'e AUhgah into another Tiiath. The plaintiflf could also take an Athgahhail or Withernam in case the defendant had made away with the Gabhail or Nain. or discharge of the bond.. under being case of larceny or similar crimes.forfeiting would defend an pledge. read to the Royal Irish Academy on the 11th February.^7^>g or bail. LL. pledge the son in the case of the debtor's pledge. or victim. who. having entered into a bond. the exact equivalent of the Withernam of the Anglo-Saxons. If the chattels seized distress. or had allowed it to escape or stray. If a defendant a given a Gell or pledge that he such circumstances. that the defendant had replevied. by a similar to that described above in the method of Fastad Nadma procedure who had re. served the plaintiff with an is.^^J'* by a Xaidm-Aitire or bond of an J. tlie tlie who fulfilled in this matter some of functions of a modern sheriff. or in other words.^^^^^^. so that were put out of the way. 50* Ferguson. in the power of the plaintiff. or esloincd by being driven on being replevied deliverance of to the party distrained. the parties to trial. the suit and their witnesses were supposed to be all in atten- was allowed to dance at the place of trial. This was equithat bail trial.. which had remained in his possession under 505 attachment. by way of reprisal. or in case they withernam.

oath" for him. A lord or Thegn had the privilege of ap" tTue man" or Gerefa. Toings. however. In early Anglo-Saxon times com- relatives of the accused. also act in both capacities own Fines. against a member of it. or compurgators. of " other traces. In many English times the which Ferthing- men" were probably the representatives of the gilds and trade corporations. this continued to purgators are said to have been exclusively taken from the be the custom in London. members of a Maegth could. were generally Imhleogains or kinsmen of the plaintiff. Fe^nn °I person who gave testimony for a plaintiff or defendant was a Tohig. as it is probably the same '^^^® as the " Ferdingus or Ferthing" plaint in man of English law. Compurgators were also relatives of the defendant. who made the *' forepearing by his The term Ferthing man or Ferdingus seems to have belonged to the north of England. outside their Aires could. pubhshed under the name Senchus Mor.Cclxxxvi INTRODUCTION. s^*g'™'^j. act outside ?(fmpir"'a°/ tors to juries. it in certain cases. as I have shown. as I have already suggested. The term Fer Tonga is very interesting. as were those for the defence. . although they were generally taken from the family. or Fira Luigi. even subsequent to the Norman Conmore likely that. appear cused. their public officers. runs through the whole of the manners and customs of the ancient Irish and the Anglo-Saxons. who supported an indictment or plaint.^*ns. The Railh. who made the fore.— an affinity which. to have been The exclusively composed of Railhs. acted as a kind of counsellor or assessor for the Fine when law proceedings were instituted LiicMFira The Luclii Fira. a close affinity between the Irish procedure and the English Common Law. or more correctly Fer Tonga^ the act being here also put for the agent. or. and may liave been a remnant of the old British laws.oath in their behalf. A sum- mons and Anglo Saxon courts should in most cases be supported by an oath which was called the " fore-oath" or praejuramentum. there are or of the occupation of north England by Gaedhil. as we have seen. but they were not true the fragments of Irish Laws and Commentaries. It is land. He was also called a Fer Lw'gi. as we should now say. as in Irecertain cases in quest. those discharged Compurgators performed functions somewhat analogous to by modern juries.

or solemn expurgation. the plundering. of the same county. the maintenance of which was favoured by the circum- stances of the country. theft. CclxXXvii minal itself jury in the sense we now understand it in crito the Anglo-Saxons it developed cases. The Rad. which was still practised in England as late as the reign of Henry the Sixth. they were assumed to have given their verdict without fear or favour. him innocent of the crime of murder. according to the cha- racter of the crime. If the defendant failed to satisfy his Fine that he was innocent. Compurgators.INTRODDDTION. did not swear in favour of their kinsman as mere partizans: as they made themselves responsible for all consequences of their act. juries. failed. the old system of compurgation continued down to the sixteenth century. or Radmans. gradually took the place of kinsmen as compurgators. on the other hand. which The irisu "a verdict". as well as into the special circumstances of the charge for which he was being tried. and ultimately period. the development of commerce. city. although neigh- bours might times liave acted as compurgators outside their own families. as well as the system of clanat all ship. in the reign of Henry the Sixth. though members of the Fine of the defendant.'"'"'^ The concentration of power in the hands of a strong central government. perjury. gradually during Anglo-Norman times out of the system The was unknown . and consequently failed to find a sufficient number of compurgators to acquit him.^^^vo^^^^} Thcgns who '^«<^'»<'»- to men. . obliterated the Maegthship or family in England. of compurgation. In Ireland. or became an outlaw. they investigated the charge against the defendant very carefully before they took up his When they came forward to swear that they believed cause. and that his appeal to the ordeal of a Fir DS. or other misdeeds. he forfeited his liberty or his life. at a comparatively early Neighbours of the same tithing. and after a full inquiry into the conduct and antecedents of the accused. and subsequent growth of large towns. a class of tenants or inferior ^""^ The last instance of compurgation in a criminal case which can be traced with certainty was in the Hundred Court of Winchelsea. manslaughter. The Irish Eaith corresponded to the the editor of the Welsh Laws glosses Welsh Rhaith.

e.^" were. did not mean. has been explained as riding knights^ and was "given to such tenants as held their land by the service of riding with their lords from manor to manor. that Rade knight and barbarous Anglo-Norman form correspond to the Irish Raith. all dealings above the value of twenty pence. '^^^ Irish indeed Dr. by Hampson. ^°^ tions a class of knights which he calls manor menRade knights. affords strong evidence of the parallelism. Welsh. like the word Fiadnaise represents the English JVitness. In very i. warranty given for similar legal transactions. same as the modern English word.CclxXXviii INTRODUCTION. tit. 331. relics of the British institutions tricts. living or . The use of the same term for freemen who performed the Old Norse functions of grand jurors among the Irish. " Hie Radechenistres arabant. »"» lltles of *"* Fo. or other creAccording to the laws of Canute. no chattel. a word a As^ain. etc. 56. Gloss. however. Ellis' Introduction. Bracton which. bail given for persons property 5"^ boa u sold.. the The chief precisely functions of the Fiadnaise appears to have been to recollect rather than the laws and the judgments of a court..". should be witnessed by the Port-Gerefa. no doubt.. counsel. Britons. quoted Honour. consequently. p. The Anglo-Saxon word. ^or^sday applied in Domesday Book to freemen who ploughed and owed service to the lord's courts. Ebel the Celtic Irish. i. 777. cHLu'tffs'ot which had previously existed in those disand which must have been almost identical with the The barbarous term Radechenistres is Anglo-Saxon ones. contracts entered into. j)g terra hiijus manerii tenebant radechenistres. and Anglo- Saxons. if not ideninstitutions of the Irish.^"^ Selden identifies those knights with the Radechenistres of Domesday Book. tity. was adjudged in the reign of Henry the Third to be such a knight's service as to draw wardship and marriage". Glouc. its rath.^'" and all charged with crime. says Selden. p. Ppelman. Origines Patricice. which. liberi homines". is of opinion that the latter word came from from the Anglo-Saxon form. of the early ^nair"'^wt ness. Berthelay. According to the Anglo-Saxon laws of Edward and Athelstane. and Saxons. are mentioned as living on the borders of Wales and in Tyndale in Nortliumberland. Folkmoot. without the walls of a city or in the dible witnesses. however. 18. be little doubt that the 7'ade in both words is related to the Anglo-Saxon r(xd. p. after him. There can.

Toing. and. See p. upon the Gospels The swearing took place at an altar. . . like the old testified as to have Irish English witness. or a grave. the most solemn of all. Bryan O'Loonev. p. affirmed. additional matter. unless in the presence of four lying. Every one entitled to A mony as to the facts that came under his cognisance. *'* MS. Egerton. according to ''''"is. judgments. and lying. as did also the compurgator. upon a reliquary. verdicts. with much MS. . cclxxxix early times the records of courts were entrusted. an oath was sworn upon the Bachall or crozier of a bishop. gave testiwitness. his testimony on oath. 88. Bit. a relic of the pagan times. As to the manner of making oath. the purpose. but although the Fladnaise was in this respect like the modern witness. INT. wliich cclxiv. *'2 was doubtless the place wliere oaths were solemnly sworn. was called a Fladnaise or Fladnaise also acted as Teist. as the name implies. or rather Fertonga. a church.^" Compurgators were sworn before the people at the Mathluagh or Dal. 48. the object upon which. good men and *" true. give testimony as to laws.iXTiioDUcrioN. that is. in the possession of tlie Catholic University. This curious life. customs.'^i'^^ <>! considered to possess different degrees of sanctity. when it was desirable to add solemnity to the act. his principal functions were those above stated. the oath was sworn. doubtless. possibly throw some light on the pagan Nemet or sacred place. The to Irish Fladnaise. appears The witness ^ "record of court" by simple affirmation. Mus. to the recollection of the judges and suitors. illustrative of the manners and customs of the Irish ia early Christian times. The This may sacred object upon which the oath was sworn was called a Neiine. and contracts. a. IS* . or the reliquary containing it. as I have before mentioned. shall be bought or sold.^'^ This was the manner ting.. sitgospel.a. in Christian times. and the place where. we are told in a law manuscript in the British Museum that the prosecutor in a charge of theft swore three oaths upon the " namely. from a in the Burgundian Library at Brussels. of swearing on the Gospels. The oaths were The ^. Thus. O'Curry's copy. gave. standing. as he spent his life". is about to be published by Mr. whether within the burgh or in the upland country. which were often specially summoned for The custom of swearing at graves is. Creiche^^^ In the old life of Saint Mac we are told how an oath was sworn upon his Ceolaa above the value of four pence.

88. in certain cases. see also Palgrave. 261. clxxxviii. 48. if not in all. the number iormmff a mauuscript such juiics or commissioiis was twelve. made oath when giving testimony.Homines of Norman law and the inquisitions of the Irish Noillechs. cit.. op. p. Finally. inquisitions They also witnessed the fixing of boundaries co-heirs. Haiths. or Maith. witnesses attested contracts entered into under a Naidm. Ante. Egerton. belong to the same category. The hand. They were men of position. tongues" who Fees of oathnesses. . incurred great fees. p. especially concerning boundaries and other matters connected with the occupation of land. The special and selected witnesses required by the Anglo-Saxon laws to attest contracts.^'* The "twelve m m *=" . points to the conclusion that the Prud'hommes of France are the representatives of ancient Gaulish Noilleclis.. inquisition of JVoillechs appears to have An A jurv of formed apparently of twelve. murders. lifted it person about to swear took tlie bell in his right above his knees.^"^ as giving a verdict on a case connected with land. The latter could not in any case. whose chief functions were to hold sworn in disputes of all kinds. who It is probable that. upon lands divi- ded between functions of arbitrators. note 342. like the jurats NoiUecTit or under the laws of Edgar. they were entitled to certain the amount of which depended on their rank. and Fiadjiaise. and other crimes which remained unpunished. been made by impannelling a regular jury of Flaths summoned by the A ire Forqaill. are probably a jury of twelve Noillechs. INTRODUCTION. they fulfilled many of the The analogy between the "recogni- tions" of the Prohi.*'^ The class of witnesses called Noillechs^ from JSfoill. etc. . and T he modes of made his oath. . making oath it varied. f. turned his face to the altar. an oath. I have in *^* Canute. with the object and place where was taken. are referred to in a passage from a law manuscript quoted above. .CCXC or bell. As Toiiigs Or Feviovga. liability for their legal acts. however. "6 *^* MS. which also of course governed the extent of their pecuniary responsibilities. respectively. exceed the honour price of the Teist. ii. Fiadnaise. gave in like manner their testimony on oath. According to an obscure passage the British Museum. etc. no doubt. § 24 .

. or other sacred object upon which he had made If at any time afterwards the crime. of its members. debts. etc. he carefully investigated. . laAV 19* B . a man who gave his and did not know of the guilt of testimony through friendship.. etc. the liabilities which the law have would imposed upon the thief if he had been convicted in the first instance.. as far as he could. was a counter-distress.INTRODUCTION. C. according to the side of the case for which he was. and costs due to a Ftne for the crimes. the party for whom he testified.*'* he might himself incur by the exercise of his public funcAs this responsibility of a man having property affected not alone the individual.. false . Dire. " man who gave . H. Alhgabhail Imbleogain. note 328. revalues for testimony ren. the circumstances of the case before he committed himself to it. e. damages. but it was rather the extent of that appanage which could be distrained for the fines. the land of six Cumals the Aire Ard\\a. liabilities such as Enecland.g. but also all who had a right to share in his Dibad or inheritance. took so a prominent part in civil actions.. of the plaintiff or Smacht.. p. p. together with Enecland of the Neime or relic. fully ascertained. or for the liabilitions. CCXCl a previous note*" suggested that the Tir Cuniail of an Aire was the extent of the appanage of his rank. 332. say a his Tov)g. and why it was easier to convict a man under a Lu or criminal charge than under a suit why for \ dered himself responsible for the _ damages. plead ignoThus. unless he If a man gave testi- which each rank of the grades posthe Faitche (demesne lands) liable to Alhgabhail Jmbleogain in excess of the other". D. MS. . or representative kinsman. A man might. Aithginox restitution. to came be theft. and half the Smacht or damages. "The land of one Cumal the Oc Aire has the land of two Cumals the Bo Aire has the land of three Cumals the sesses in the extent of . Introduction. 18. . . ° as a Acfain. 3. had to pay only half the Dire rance in mitigation of damages.false witness. "This is the extent of Ctanal-land Aire between two Aires [the highest of the Bd Aires possessing property equal to a Flai/t] has the land of four Cumals the Aire Desa has the land of . we can underties stand the Geilfine. T. five Tuisi has. by the witness.s. under certain circumstances. and law costs of his relatives..4 ire on an Imbleogan. or council of the family. or damages. all defendant.. however. clxxxi. should be borne could recover them from the *'^ oiR thief. or "withernam". and the land of seven Cumals the Aire Forgaill has". for the fines. damages. levied Cumals the ..

he was bound to pay his Eiric to his Fine. to which the defendant in a criminal prosecution ^°"^^ ^^ liable in case he was convicted. the latter was. slain.one cows. 22. but if he did kill him. was a bail . damages. . were ^^^ discharged at the proper time. in case the latter chose to pay the debt and costs of the If the Fine did not choose to give anything. and told Tiie Aitire or bail . he was an Aitire-nadma. even though it should afterwards turn out that the accused had not actually committed the crime. namely his Enecland or honour-price. R. and his law a Cimhid's land or honour-price.A. or to pay the full amount of the Fiacha Rechta. together with the full Enec- were life might be was to his which Eiric if he equal Corp Dire or body-price. damages. "'nexus"- in the presence of a Raith and a Fiadnaise. i?a</mo*or Nadman. the not bound to pay the Eiric. he was bound to pay half the liabilities which attached to the charge. that is. he became a Cimhid. mony through that the accused and while under the impression was innocent. According to the Irish purchased at a fixed price. to deliver up the criminal for whom he was bail. An Irish Cimhid or Nexus'bedicius'"*^' corresponded to the Roman Nexus when he became "addicthe tus". and . and costs to which either might become liable. friendship. or. The Eiric payable for a homicide where no attempt was made to conceal the body. had. 35. ithgin An A itire. neverliable for the A or restitution of the stolen chattels. An Aitire was also required as security in cases of sales of cattle for the warranty given that the cattle were the property of the sellers. strictly speaking. and compensations. 5. which was equivalent to the Nexus of Roman If the obligation entered into by an Aitire before a law. When an Aitire bound himself in a bond or Naidm.I.. The possessor of a Cimhid. his witness that If the thief denied the charge of theft. p. as previous references to him show. it. for the amount of fines. in criminal cases. and were sound. theless. was seven Cumals or twenty. he had not committed . or victim this also happened if he were unable at once to pay amount of the bond. MS. no right to put him to death. costs.CCXCll INTRODUCTION. . or forfeited pledge.^^^ In this way the was slayer *'9 Cimhid. or surety for a plaintiff or defendant pending a trial or suit at law.

and of his Enecland. however. some further observations on them may not be out Faesam was *'" of place here. to give bail conduct until the legal fee payable for the naturalization of the stranger was paid. and Snadlia. called Esain a word which ^ The is delay or hindrance was almost identical in form as well as meaning with the French Essoine. and. etc. bad roads. If the cause of delay or hindrance was due to or some one from else. show were insurmountable obstacles to their arrival in time. that is. Appendix. was obliged. being beyond are of the sea. in as much as it afforded a Fine an opportunity of rescuing their kinsman for the amount of his Eiric. according to his rank. more humane than the Roman. twenty-one cows. The way as the Roman Nexus when he became Irish law was..INTRODUCTION. or chief o^Faeiam. the person delayed prevented altogether appearing was entitled to which were fixed law damages. Scotch Essoinzie. CCXCUl Cimhid was absolutely in the power of the creditor in the same " addlctus". Vol. such as Faesam. p. a certain but if urst day. . 4G5. Any one who desired tive into his family. Celtic origin. Defendants and their Aires summoned to to appear at court. were bound appear on the they could give a valid excuse. like the French. by Several other legal rights and privileges have been mentioned in the course of the Lectures and of this Introduction. or to adopt a stranger or a distant rela. that there time of grace was given them. The English and Scotch terms are Anglo-Norman. 2urrt/wgadh.^'-'^ and incidentally in the course of this Introduction. or The valid excuses were evidently — sickness.the wished to keep strangers in his house- ^tVire for their hold. English Essoign or Essoin. that is. Although most of these terms have been more or less explained in the foot notes to the Crith Gahlaclt. after a certain number of days.Fonaidm. the right which every Trehaire. the overholding of pledged articles of dress ornament required by a person in order to appear suitably without loss of dignity at court. such a bails bail was called an Aitire and Esain or Foesma. owmg service to it. ii.

the cxtcut of the Maighi Digona. dvi. have been the right which a chief of household possessed of his house being sacred. pre- served the helps us to understand the true is obscure in Welsh. special legal in favour of right of bail which a chief of household possessed he was for whom all the persons legally responsible. ^-^ Ante. of the which word. Snadha. to his rank. recognizances having Turrihu. possessed of entertaining and protecting strangers. or his in search of cripremises searched or trespassed upon. . a wound. damages. without during a certain number of days according to or being held the to into to enter Fine. of being supplied with such necessaries and protection as they might require. which literally means to traverse. *22 j^nte. in civil and of those explanations require. etc. criminal actions. even Fonaidm was the authorization.CCXCIV INTRODUCTION. household. sumed that digona was the genitive of Diguin. Appendix.^^* Diguin is. specially responsible for Turrtliugadh appears to Fonaidm. his rank. so that it could not be entered. If Digona be connected with Diguin^ Maigin Digona must have been the space within '2' Vol. As some ThH Afaigin igona. or field of sanctuary tl^atis.. meaning I have explained at some length in the notes to the Crith Gahlach^^^ most of the terms for fines.''-^ itself 1 depended was naturally — Diguin. to be modified and corrected. or of giving sanctuary to those charged with offences or debt.. 465. The Irish Snadha represents the Welsh Nawd. no one had the right of claiming the hospitality of a person of lower rank than himself. and was the fine or composition in lieu of the ancient right of retaliation upon the defendant or upon his kinsmen. connected with guin. p. ^"''''' their acts. and having initial sibilant. however. and consequcntly that the latter implied rank or dignity. was the rio-ht which one of the privileged classes or Aires had of and crossing the lands of other Aires with their legal retinue. ci. clvi. I further asled to connect digona with the Latin dign-us. p. ii. I shall take the opportunity of again noticing a few of them here in their proper place. however.. the space around each residence which was considered to As — enjoy the same legal immunity as the house upon the rank of the chief of household. without miuals. pp. according snadha. In order that this right of hospitality should not be oppressive on the poor.

p. consisted of the Dire. The term Enech also occurs in old Scotch law. companied by bloodshed. . Sarugud. was called Log Enech. apparently in the sense of the Irish Enechland. contain in their first part the same root as dignus. I have also stated in a previous part of this Introduction that Strictly speak. valent of the Irish Log Enech.Enedand. the violation of a church. I have made Sarugh to signify the insult as well as the compensation for it. the equivalent of the Welsh Dirwy and the Anglo-Saxon Wer. Enechruice and Enechgris. was a different thing. The fine paid for a tlie Sarugud was another name for EneclandJ''^*' homicide. rather than of Enechlajid. or Sarugiid. as I have suggested in the note on the subject in the Grith Gablach. \vo\xn<\m. price. however. often included under the ing. where no maim was inflicted. cxxviii. a or blush of the face. however. etc. meant the face becoming pale oj white. on the other hand. In the note on this word in the Crit/i Gablach. the misconduct of a daughter.g Log Eiiech. contempt of court. such as a son marrying below his station. or special compensation added to the Dire in proportion to the rank of the slain. caused by some act express reddening which brought disgrace on a Fine or family. was the sirugh or fine or compensation for a Sar or insult. and of the Enecland. Sarugh. and Enech.INTRODUCTION.. insult The Welsh Gwynebwerth is the equiusually translated face. whicli It CCXCV in retaliation for was unlawful to wound any person wounds These words may. though term Enecland. The Galanas of Welsh law and the Gaines of old Scotch law appear to have represented the Irish Diguin. and in Anglo-Irish times known by the name Eiric.Enechgris. or an assault unacin a blood feud.. on account of theft or other scandalous crimes. Enech. or honour-price. The corresponduig damai^es for libel. *^* Ante. etc. The "word Enech occurs in two other very expressive legal The former was used to EnechrtUce terms. inability to provide suitable entertainment for a guest. and essoign. gris. from Log. and corresponds to the Welsh Sarhaet or Saraad.

The wooden houses were either ' 1 ' . rowed from The m . or at best roughly hewn. and provided with beds and other simple furniture. seems to have been Gaul. and Ireland. and Britain. Tuna mans. Weinhold (Altnordische Leben. covered with dung. was borrowed from the Romans. had built stone halls or sitting rooms as early as a. and the Romans. European branches. wooden churches by stone-built ones. . or.i felts built or wood. 223). . made trees. BUILDINGS OF THE ANCIENT IRISH. the times. before tlie separation of the Houses of maiis. where they wove the used for clothing for this purpose they continued in use long after the knowledge of the use of lime would have enabled them to build better houses. with the assistance of Gaulish architects. of mud. dates from Christian In Germany. were of tlic and constructed of wood.^-^ . The German name for such holes appears to have been Tunc or "dung". Judging from the remains of some of them which have been discovered. as well as to the especially lived in such earth holes.. where cliaractcr. the use of of wicker-work. began to replace their . England. Olaf tlie Peaceful built the first stone church at Bergen. fabrics common to the inhabitants of Switzerland. simplcst wood was scarce. material amonaf the northern and those western nations. and Western Aryans. . The Germans.. 3). the Frisians and Franks the *^* name was -Screwna. perhaps the seventh. accordiuir ^ to Tacitus. Gunnhild. Germans. Scandinavia.'an.d. Germuiiia. among scremiacf the Flanks . or century. or of unhewn. The women Germans. which was also the time when the Anglo-Saxons.''^'^ sheltered themselves they had two stories. the upper for living in. The earliest stone-built stDne-built churches of tlie sixth churclics in Ireland are not older than the sixth century. there can be no doubt that the habitations of the Slaves. According to I^iahsaga (c. of the old Ger- in winter in funnel-shaped holes. whence the According to the Fornmanna Soffvr. xvi.CCXCVl INTRODUCTION. use of stone as a buildins. • t • • -\ eaiiiest first churclies were built of _ wood. and the lower to This custom serve as a store-room for corn and other food. the interstices between the logs being filled with clay. had advanced so far as to have houses with doors. 961. c. usually J J called Celts. t n r^^ countries not actually occupied by them. Altliougli the early Aryans. the mother of Haraid Graftld. thinks nghtly *^^ that this is doubtful.

Sometimes there are two or more divereinof chains of these chambers. like it. but are usually nine or ten feet The long. But proper sense of the word. The Cimbri appear to have made entrenched cities ol this kind. at Braqueniont. de Limes have been recognised by — The Icelanders. tations. were. in tlie antiquaries as remains of the ancient Tvffttrid. Germania. existing mud — cabins. and. probably. and three or four feet high. they are either simply vated in the earth. near Dieppe. These chambers vary in size. thatch. in all cases. or they are. formed of upright jambs of rough stone like the passages to tumuli. round houses. and in Stojie Caiseals. and having a cup-shaped or hemispherical roof. were intended as places to hide valuables. built of felled trees. The houses built in Duns. These Mardelles found in the Cite ettam magni exercitiis fidem". " enclosures are usualh-. quorum ambitu nunc quoque metiaris xxxvii. ac spatia. and the other a cylindrical house. name used In otlier in Champagne and Burgundy. or they are lined with uncemented stone and flagged over. three or four broad. and those surrounded by mounds of earth. and covered the like mud and or made of straw.chambers coriespond to the Jar^lius or earih-house of the Norse.su Ilargelles/'-^ called " Pennpits". called Camps of Csesar".-que famae lat^ vestigia manent (Cimbrorum) utraque ripa castra. which were the wonder of the time of Tacitus: " Veteri. Several of them have heen examined in the great enclosure called Such great eutreuched the Cite de Limes. or of escape. . lived in underground holes with their cattle. 35). The ancient Irish houses were of two forms one a long Ancient with of two forms quadrilateral building. in the In England such underground dwellings are I do not know of any underground habi- every Dun in Ireland. but erroneously. time cf Adam of Bremen (iv. though rarely. ^screMn(9. CCXCVU Ecraigne. made of wickerwork. and perhaps as places of refuge. molem manusque gentis. These Dun and ii'ttf/i. Accord- excaing to the nature of the ground. nect the several chambers with each other. they are called Clos Blancs and Fosses aux precheux.INTRODUCTION. *27 We may infer that the houses of Bo Aires In the Seine Inf erieure. or of France tliey parts were called MardeLles or Engi . and Bath had small chambers excavated under the Airlis or ground within the enclosing mound or rampart. to allow a sufficient entrance is a very narrow passage barely conman to creep in on his belly and similar narrow passages .

circumstance that only one dimenalso is given in be made on sion of the houses of the several ranks of this class the Crith Gablach. ii. The Irish round wicker houses described in the Lectures cal were identi- every respect with those of Gaul. It was then supposed to have formed part of a triumphal Arch of Trnjan. Wicker houses might is hired land. Paris. we are told that there was a weather-board between every two weavThe parallel bands on ings from the lintel to the roof-ridge. as figures . I'Abbe Cochet's j^Qyy 528 known La Seine-Inferieure. p. vol. 55. INTRODUCTION. in from a bas-relief in the Louvre. house provided by a FinS for a superannuated member. and which serves as a pedestal Melpomene. de Clarac (Paris. Group combat Figure 1. Crith Gablach. The two wood-cuts here given are copied from M. ii. The Column of Antoninus appears to be the same bas-relief in Parian marble described in the Description des Antiques. from the same monument. because the costume agrees with that of the Dacians on the Column of Trajan. The figure.. from tlie were also circular. 479-480. 1848). Salle de la Melpomene as a " Dace conibattant". 349. 54 and *'" Figures 1 and 2 are referred to in Lecture xix. under No. Historique et Arch€ologique.CCXCVlll. pp. 1 represents a group of four such houses.*'*" and which was equal in size to the house of the Oc-Aire. is now. d' apres les They originally appeared in L' Uistoire de France 52» Monuments. however.^^^ Figure senting a 2.. has a very characteristic round house. by M. 22. from the Column for a statue of as the Colonne Antonine. recognised as that of a Gaul. 1864. repreof circular wicker houses weather boarils on wicker houses.. of Antoninus. as a back-ground. See Corrigenda. Fig.529 between a Gaul and a Roman. Museum of the Louvre. supposed to have been a Dacim. formed of interwoven In a description of a Tech-incis. du Mus^e National du Louvre. vol. Appendix. which The round wicker liuuses : an additional proof that they were not characteristic exclusively of the Flailis. or wattles.

The house was furnished with Culcais and with Brothrachs. and placed Cucfudaind's valour arms above those of the others. represent apparently swellings or thickenings in the wicker-work. which had a Cuach cleithe (a wicker cup-roof) upon it. to see if there was anything else desired to have. Cromdereoil brought their valour arms into the house after them. scribed in a tale called the " Intoxication of Ulster". and a bar of iron upon each of those hooks. * * * And when they were intoxicated and separated they from . Prepare the Lath for them. ci-p the round houses roofs of Irish wieltKl shown in figure 1. Gaulish warrior. . de. CCXCIX Figure 2. Ciichulaind and his companions] were then brought into a Tech darach. or oak-house.G""''**^ ones. which acted as wecther-boards. witli wicker house in the back ground. and a door of Jiibar (yew-wood) to it. or "wicker cup-roof". correspond accurately to the Tech daracli. and he gave them Cuirm (ale) and food until they became intoxicated and Crom.^'^^^^^^^ ike or oak-house. with a Cuach-cleithe. 531 « xhey [i.^^' .e. said Ailili. or to which might be fastened weatherboards to throw off the rain. on the Column of Antoninus.INTRODUCTION. and he arranged them. dereoil continued to wait upon them. The Gaulish wicker houses. There were two iron hooks upon it. the thickness of which was three full feet for a man. from the Column of Antoninus.

or chamber. the living house. and a cow-house. a straw ^^^ In Gothland.. the barn. 229. the kitchen. In Wales the palace of the king consisted of a number of separate buildings.-isted of In addition to the principal. and continues even still Thus as many as from thirty in many parts of North Europe. liouse. existed iu Gaul. had several such houses. The establishments of the higher classes of B6-Aires^ such as the Bu-Aire Febsa and the Brughfe7\ and of all persons of the i^/a^/i-grade. Uplandsl. 2. col. a kitchen. Kirkjub. dence of an Aii-e con. the Ystavell or Estavelle. 19. the legal buildings Laghaehus of a priest's establishment were fixed by ecclesiastical law to be : a living house. That separate roofs.. a complete farm steading of a peasant consisted of seven iiouses the Steva. the house of every Aire had also a back house. The system of separate buildings appears to have been also universal among the old Norwegians.. . we The custom are distinctly told. the store house. or living house. an eating house.^^^ Sweden.. 223. Westmannal. and the kitchen. of the Bruglifer^ Custom of having each houses. very general in olden times. Leben. p. a barn. The possessuch detached houses gave. 2 .Uidhri. In Upland. 2. the granary. and Lebor na h. instead of having house . . Uplandslage. to forty small huts steading. *»'' olavius' Rdse. or principal house. they were put to the sword. consisted of seven of havinar a number of houses under room an isolated separate roofs. and he carried — — away the roof off the house. of four houses in figure 1. nine of which the tenants of his domains were bound to assist to build among these were the Neuad. Norway . * * * Cuchulaind their people.*^^ land. II. came on the roof of another house. a sleeping house. one common sion of five all connected together under was roof. sometimes belong to a single Icelandic farm In Sweden the system of separate buildings appears to have existed in some parts. Kirhjub. A. Su^rmannaJ. i. in MS. n. and Weinliold's Altnordische Leben. from the Column of Antoninus. shows that the custom of separate houses existed in Gaul.ccc The resi- INTRODUCTION. and Westmanncattle stails. —Mesca Uladh. . in Wales. and other out-houses under several Louses. Sudermannland.. The group certain rights of a freeman or Aire to a Fitidir. and in others combined buildings. the — and the sleeping house. In Upland. and he saw the host beneath him". 331 Weinhold. 2 . 2. In the olden WestKristnub. as I have already stated. *^2 ^^* 1. or living house. jumped up and made his cw niach n-erred (champion's salmon-leap) on high.

.. and to have been cut offiiouses. The divisions houses appear to have belonged to this type. or at an ^ ^• under onerouf. or rooms in a German medieval Curtis. besides the of a back or house.. or sheep. 2. and a cellar. nouses in the Airlis. To play chess with you. 3.playinj:. and the Frisians generally combined the Theoerman ii'msgei'e-" rally living house with the cattle -11 1 stalls. and of Flore and Blanscheflur afford examples of women's houses protected in this way. I am very good at chess. said Eochaid. The queen is asleep. 5. but always under one roof. said Midir. 408. sleeping.house. a women's house living or weaving house. and a Svinasteuer. appear to have been combined in one building. thluvab. s. is mentioned separately from the cowhouse. Saudahus. are mentioned as within the enclosure. The Irish quadrilateral angle. cattle sheds. which is not worse than it. Angio- Anglo-Saxon. the women's house was and was frequently protected by a special fence this was also the case among the Norse. MS. at night from intercourse with the houses occupied by the men. is What oi your name? — Midir — *'' Fornaldenaga. for the greater safety of the from the inmates.. said Midir. '"s I. Kemanate of the old Germans. in the residences of the higher classes riie of the ancient Irish. n*m • a straight line. said he. col. a barn. p.INTRODUCTION.^^* middle I The upper and Germans. It is not illustrious. Divisions or irisii. cattle stalls in the f/</uls or oathouse. also generally a separate building. and Scandinavian farmstead!' better classes of farm steadings. and the barn and •. I will test that. They consisted. house. and the house in which the chess [board] is belongs to her. Leber na h-Uidhri. I have a chess [board] here myself. or lamb-house. said Eochaid [^AiremK]. and ornaments of precious stones on all parts of it. was a separate building. the Invistahus. by a stake-fence or mound. CCCl and eating houses.. Bri Leith [answered he].iid Eochaid. A ^-'-^ Ves/ffutaL. a Lamhahus. or yard. The term Dyngja. corresponded generally to those in the Irish. the Eaesthus. he had a silver chess-board and golden men. or pig-stye. The women's house. or stable. The medieval German romances of The the usual Norse name for the women's house was Shemma. and the granary. and Ferholgs (pawns) of plated wire of Credutnd". That was true indeed.. of Dornroschcn. What brought you here? snA Eochaid. kitchen. 130.^^® In the German : residences. or Hof. a granary. Courtship of Etain.^^'^ Hugdietrich. from xorso and n'am!" "f women house. . which there is reason to believe was sometimes cut off from the rest of the iiouse a buii'iing. s mannalaff.

his appearance. with . seems to . p. The Irish Qrianan. The Gothic name windeye". by which escape in case of a sudden attack. or in some elevated com- Windows and Shutters mentioned in Irish surrounding country. and she said. however. probable that the former was the name given to the houses of servants. or Svefnskemma . 129.— his figure. windows. placed Grianan. etc. it is Notwithstanding probable that all the Findabair. Fenester. name the higher clasges. O mother. . or sleeping hall.CCCn the INTRODUCTION.1 • mentioned . col. which served as a nursery. 2. and Feneog. are . p. ^^* In the ancient tale of Bricrut's Feast. wall of the This chamber appears to have been erected on the position..^^^ The Irish windows are also names for window appear.— Progress of the Ultonians to Cruachan Ai. out of". from the old Norse Vindauga. whence English Augadora . to be all borrowed. while the latter was the weaving room of the In some large residences tliere was a special women's the Kvennalms. literally " " window". 105. prove that windows were not used in such buildings. from the Latin Fenestra. sleeping apartment. his real character. Lebor na h. 1. it usually consisted of a special building erected in the courtyard. Lebor na h-Uidhri. was also applied to women's houses. said Medb. and escape the shadow of the encirclino' mound. It is already mentioned. I see a charioteer on the plain. and the motion of his chariot". daughter of AiliUauA Medb. is only negative evidence. in MS. or eye-door". it is true. his equip- ment.Uidhri. so as to Dun. of the funnel-shaped earth-holes covered with dung. and does not. A the inmates might In Duns and large Raths there was also a special chamber ^ ^ ^ in a and called from this a circumstance sunny aspect. MS. ^39 "His house and his Grianan with lightsome windows to come —Fragment of the story oi\E(ain. mentioned m other shuttcrs l i r. Describe him. Old High •' German Avgatora Edgdure. the Jar'Shm. went until she came into the Grianan over the door of the Dun. certainly. In the representations of round houses on the Column of Antoninus. mand a view of the tales. was sometimes also called a Skemma.. many tales. and bars of bronze. the native Gothic 538 i' name for window.'col. or earth-house. ^ . no windows are shown: this. and under which was placed house. figures 1 and 2. Anglo-Saxon show the existence of such openings at an early period among the Teutonic nations. the colour of his horses.

lime variously coloured If this opinion be correct. C.white.INTRODUCTION. 42. in from it Almhain was called . 23. Lehor na h. the Germans in some places daubed their houses. iiortlicrn nations CCClll learned the use of windows from tlie Mediter- ranean peoples. materia ad omnia utuntur informi. The house here referred to as that of the women. H. col. appears are only concerned here. like as if it was made of full boiled lime. . and of which was said Pure white was the lofty firm Dun. and she rubbed her hands to its walls until it was all lime.e. with the fact of the exterior of buildings being decorated with We various colours. 1. et citra speciem aut delectationem. p. never. col. : As if it had received the lime of Eriu From the two hands which she rubbed on It is tle of the house. tlieless. (MS. ° at least ^iiite- SO long ago as to carry us times. There were large white snow-coloured houses all around the Dun outside". and made rude designs. — See. The earliest stone structures in Ireland. 15. • • even those of early rpM T • ihe Irish. they beheld an island which was not large. however."' The smaller homesteads were surrounded. or Tara. ]sie caementorum quidem apud illos aut tegularum usus. if clouds were not over it. the daughter of Becain. appear ^ -"^ 1 •! • 1 1 Mortar not used ill the their walls. perhaps.. 1. 541 .4/wim". and their hunger and thirst was great. 178). knew lime as a pigment before they used it as a cement. MS. ut picturam ac lineanienta colorum imitetur". Cause of the BatMS. p.. the Germans.earliest Christian orio-m. m ^ • use of lime f"' buildinof. or as if it was aU one stone of chalk. with ochre and other pigments. and its name was iMiod/icuaird. was. D. p. and their mouths and nostrils were full of the stench of the sea. xvi. if not before the use of mortar ' .* 1. stone struc. T. In a poem by a bard named Cailte on Temar. The fine back almost to the verge of pagan shining kind of earth with which. and a high white Mur or wall around it. like those still to be seen on houses in remote German villages. Qna^dam loca diligentius illinunt terra ita pura ac splendente.Uidhri. mead circling".. — Germ. : Another passage in the same manuscript says " When afterwards they chewed these apples. as in Gaul and s^ " The woman who was wife of Nuadat was Almu. Tacitus washing known. like the Irish. Navigation of Maelduins Boat. and a Dun in it. to be the banqueting hall of other authorities. are built without mortar. Nuadat) built a Dun then in Almhain. The mouth of the Dun was open. Lchor na h- — Uidhii. we are told that: "The Tete of the women had a manycoloured roof. and hence the name Almu [from alamu her hands] adhered to it. The druid (i. p^n ito have known the use or lime tor whitewashmfrtures. Cnuca.^*" tells us. Great was the view from the Mur.

to When mound. 542 and having a gate or door which could be closed birds fled before Ficait. snechia. and Caisels. enclosing a court-yard or which cattle could be impounded. It was on account of the great number of the Trebs (households) in their reign that they ordained T[}S. that stone en- ment which were not used before the period in question. the introduction of the walls and fences. The Us or Les. from the Book of DromLebor na h-Uidhri. col.CCCIV Fences and trees about Irish iiome- INTRODUCTION. — . that stone buildings belong to Christian times. erected. or en- The trees planted on closed ground about the homestead. called Clads. I have already men^ ' ^ ' tioned the different kinds of fences used in Ireland to mark the divisions of land. Walls. ever. and the limits of the FaWiclie. the chamiiions of Ulster] until they o\ev Edmuind. in security. the tree and the ash were also generally planted about the house. or of a bank of earth. p. Ancient tradition assiarns to the time of the sons o^ Aedh monarch of Ireland first at the middle of the seventh cen- tury. and consequently individual property in the soil. up to the reign of the sons of Aed Slane. besides the rowan Slane. tion that fences We are not to understand from this tradi- and earthen mounds were wholly unknown in Ireland previously. corresThe Welsh term appears. Airlisses. 128. \\OYiponding to the Welsh Llys. a Lis or have been used chiefly to denote the royal residence. the bank of earth to form the quick. but that owing to the increase of population consequent on the cessation of foreign wars and the more settled habits of the people due to Christianity and contact with Romanized countries. only level plains. o\er Brega. were. The erection of large stone enclosures and extensive stone mearings would naturally have originated such a tradition as that above referred to. at them [i. by J a fence formed J a upon wHich was planted quick hedge. in Conception of Cuchulaind. the crab-apple and the elder. or Caisels used not to be around lands in Eriu at that time. blackthorn. residence was surrounded by an earthen or other sufficient fence. 1. large portions of common land were enclosed. a statefully confirms the opinion I have expressed above. It is expressly stated that Caisels. the hawthorn. ^^'^ also in the There may have been some differences kind of fences is. Airbis.e.ssed «The over Sliabh boundaries in Eriu".hedge. Airbis (fences). The homcstcad of a Flath was called a Lis or Les. closures. or driven into for Airlis. of stakes. Germany.

and had not the limited application of the Irish Dun. col. who was always a Rath. Tun. and that the name Bath was given to it from the legal function of the owner. especially where stone is abundant. p. Sometimes the protecting or en- closing wall was built of dry masonry. between which where the ground admitted or ditch. or king. in the tale called the Progress — of the Ultoniiins to told that " Cruachan Ai. the women and children and old people accompanied it. in Lehor na h-Uidhri (p. It consisted of two or more earthen A walls. The Caisei.^" CCCV It is probable that every resi TheTfaa it was called a Rath. we are Thereupon Medb went out upon the Fordorus of the Liss into the Aurlaind\ 545 Cf.INTRODUCTION. col. and was often of considerable thickness. were often fortified. The Welsh form Din. Saxon. occurs in some old Leinster names. in accordingly called a Dun. states. 2U* . formed it. col. The German ZaM« -ton. 1. ditch. 107. and is to be found in many parts of the country. 77. and Old Norse. night. High German.^*^ was the residence of a Rig. Zun. however. locks". s46 L^lor na h-Uidhri. 132. Frisian. Zaun. The moat by the earth excavated from constituted the Drecht Giallna was specially intended for the safe of the or Gialls keeping pledges which every king was obliged " he is not a to hold as the law for. king who has not in that in When an army marched fetters. Dun. Thus. Courtship of Etain. as in Dinric/h. 1). Welsh Din. the Aurluind. ^*^ The door of the outer circumvallation of a Dun seems to have been called a Fordorus. INT. filled with water an earthen wall and a stone wall. corresponding to the glacis of a modern fort. dence which was a Forus^** was so protected. rather to the higher class of fortified residences called Duns. Engli-h. and the outer earthen wall. This kind of rampart was called a Caisel. New is the enclosing fence of a homestead. Lebor na h-Uidhri. or of was a deep of it. and the inclined ground outside. Several of these Caisels belonged. as I have already shown. '1. TUe Dun. p. In such fortified encampments the Rig. seems to have been surrounded by a regular fosse and mound. and the encampments or ditch of the Gialls. the Tain Bo Chuailgne^*^ we are told that "The four provinces of Eriu then made a Dun and an encampment in the Brislech M6r in the plain of Muirtliemne. or king's camp. and they sent their 543 « ^n(j tjig i^igg ^vjjs closed and locked up". High German. whence Town. is. hostages on a great expedition in ancient times. and . and was Thus.

'r? Figure 3. the founder and brought with family. and An is not known. These Dims.and of this there seems to be follittle doubt. . When the inner wall of a Dim was built of stone. Clitliar away from them into up by them". who came originally from Lancashire. The Cathair. in the County of Kerry. situated making on a precipitous headland. remind us of " the fortified camps of the Cinihri and the so-called camps of close B6 Ulacl. him a number of followers from that part of England. One of the most remarkable monuments of this class is the one represented annexed wood-cut. Sir access to a loft or out-house is portable ladder for obtaining If the name of in Lancashire. Irish name ascending path to a original from a in Gothic Staiga. states that this name is very modern. the Du7i was formed by the ramparts and ditch across the narrow neck of land Some of the stoneconnecting the headland and mainland. without'any and the simple rampart. existing ditch. huilt on a march. it was a Cathair. ramparts. English ascend. or Steigh. the Kerry fort be really modern. it may have been first given by some of the Kenmaie the of lowers of Sir Valentine Browne. though O'Curry thinks that every Cathair had not When the king's residence Avas necessarily a ditch about it. burgh was called A stair. the whence to the verb Steigan. staigue Fort. called " Staigue Fort". from whose catalogue the figure is that the borrowed. William Wilde. Ciichulaind set at the Fert in Lercaih Caesar" in France. both those stone steps leading flights of in the up to the terraces.. and provided with built ramparts. shares of cattle and plunder southwards. having a ditch and outer earthen or Cathairs.CCCVl INTRODUCTION. HANLON '5'i^?t5c?t"^v«. still called a Stee. Anglo-Saxon Stig. are terraced in the interior.

that while the words Dun. interest. Limerick. built ramparts. ^ r ^ ' _ _ stone buiit Dn. however. whijh. and almost exclusively. the enclosed land around a homestead. there is If these so.^. and were therefore true Duns. R. Du Noyer. including those within the circumvallations. and only two in Leinster. As monuments they are much more important than the celebrated Cathair of Aileach ncRr Derry. Faitche. Fahan. His paper appeared in the Journal of the Archveological Institute for March.built •' Dims and Cathairs _ indeed principally. Two of the latter had ditches and outer earthen ramparts. Munster and Connaught. enclosing bee hive shaped stone-built houses. Kerry. and are ob' viously cognate with the Gothic hifahan. dependent upon that of the materials of which they are formed. Of such houses there are in the district about seventy to eighty. In the narrow and gently which extends Ancient slopincr plateau ° ^ =' ^ Stone Build-i in the southern base of Mount the along Eagle promontory of ipgs m . to be found in the south-west and west oi'^"'-''"' rs chiefly found nd Ireland. the word Cathair is almost exclusively confined to land. whence ^^ These curious and interesting remains were visited by the late Mr. as has been shown in the Lectures. and has nothing to do with the races which occupied the It is nevertheless curious. have 209 out of 244 such names. and lie photograplied them for his great illustrated work on the ancient architecture of Ireland. names are ancient. O'Curry states that there is not a country. CCCVU a-re The stone. means enclosure. it is to be hoped. V. Clare.!'/• i^. while the Counties of Cork.INTRODUCTION. It can scarcely be pretended that in the counties just named stones are more abundant than in many parts of Ulster. and and every reason to believe they are of considerable shelter. single townland-tiame in Ulster compounded of Cathair." eland. Hitchcock. The first person. The Earl of Dunraven visited them some years ago. who published a description of the Dingle remains was the late G. will soon be published. are found about eight stoneor circumvallations. and Rath occur in townland names in every part of IreLis. 1858. where the greatest number of have been found O'Curry thinks the also Ogham inscriptions distribution of the earthen and stone-built Duns is altogether the south-west of Ireland. or fathan. and Galway. Dingle. to enclose. 20* B . in the County of Kerry.^*^ These monuments are almost all found in two townlands called Fahan and Glenfahan. some of the more important remains beinj^ found in '.

CCCVlll INTRODUCTION. change As the true character or in the law of succession. Cathairs. an important facts historical We inquiry. ProO'Currv seems to think that the Clochans^ or bee-hive shaped stone-built houses.from the middle of the fifth to the middle of the eiijhth century. ramparts and ancient civil organization of The existence of regular Duns consisting of a ditch.? Yet. names were name they are probabiy ecclesiasti" in other parts of Ireland. a religious community. p cxlv. the real position of the infant Christian Church could not be need not be surprised. his family. and placed himself. or. in a certain sense. or council. though still retaining the character and organization of the original political body. know whether cai.^^® It is probable. and Ceiles under the protection of the missionary. fields of historical inquiiy. ' . given the common land. to estates appropriated out of came the term " bifange". a Rig Tuatha became a convert to Christianity. seems at . were cells of Christian monks. . and organization oi the early Irish Church. like all the structures of the same kind found along the western fessor '' . of the social and political institutions of the ancient Irish has hitherto been wholly misunderstood by writers on Irish history. of that this curious phase religious society should have entirely The The Ancient escaped the notice of writers on the early Irish Church. ^^^ The Duns.. the Tuath became. When .. but I do not there are also enclosures in them. Thcsc buildings are certainly of considerable antiquity.. then. sight irreconcilable with their being ° ecclesiastical buildings.'''*' *** See ante. that the townland originally given in consequence of the number of The word Fahan occurs as a townland circumvallations. as well as important. Sabaid. and Clochans of the west of Kerry acquire singular not only in connection with the history of the early Irish Church. coast of Ireland. It interest. that of the Milesians. when we inquire it-i/-(1i "^ this objection is . into the true history j c / Irish Church not incoui. patible with this view. as it was expressed. therefore. removed. under his bell. wliich I liavc gathered together in the preceding pages givc US sufiicient glimpses of ancient Irish society to prove that the ancient Irish Church offers one of the most curious and interesting. Even when the Rig and Flaihs of a Tuath devoted to a religious the state themselves wholly in no the constitution of occurred life. rightly determined. hut also with the last immigration into Ireland. built in accordance with the usual milifirst tary rules of the time.

and sovereignty and inheritance to his race for ever. was the mother of Ciaran Saighir . the Dun. . . ^ or were the work ot a previous pagan tune. . Moreover. formed by making a stone wall. Nomeii fontis. are intended to illustrate the three types of niree enclosed residences — the Caisel. 1 !• • /-^^ • • . and in part from drawings which he kindly made for me himself. it was the grades of heaven that baptized him. Saig-uar. : ut dixit Patrick. Vellum M. and should be remembeied that Saint Ciaran of Saighir was horn in this 'district. ditch.A. At the end of thirty full years. ?'. After Conail shall occupy. Pure shall be his union with us. very old.S. terms. . Co. L^hor Brecc. catsei. For this reason. or stone-built circumvallation. Patrick. The following passage from the Felere of Oengns Cde D6 gives this tradition of a pre-Patriciau Church in Muuster in unmistakable before St.ke those . The wood " Noyer's paper. they correspond 'I'^^c'bea in accurately to the descriptions of Cathairs and similar constructions given in ancient Irish tales. and because the church of Ciaran was supported by them. h^nc^ Saighir. li.e. I think it desirable to describe and illustrate them in some detail. as well as . 38. son of Oengus of the race of Lugdach. who — * Saig-iiar. of Kerry". in part copied from the late Mr.* build a city on its bank. born at Tulach Thind. son of Ith. now Ventry. Kerry are and uienlahan were built by a rehi^ious ° •''l. p. Many monks and modest nuns. /^T n 1 1. and outer earthen rampart across the neck Of isthmus of a precipitous headland . It was after that Ciaran foretold Conail and Fachtna of Ro.. because it was by them the cross was first believed in in Eriu. and the Cathair. CCCIX Whether 1 the bee-hive houses and circumvallations of 1 Fahan • Ancient buildiiiKS of Christian communitv. And it was in Corco Luigde the cross was first believed in in Eriu and it was thirty years before Patrick Ciaran occupied Saighir. Du On the Remains of Ancient Stone-Built For- and Habitations occurring to the West of Dingle. [I] and you. tue without any apparent moat or ditch the fort. and he was born at the bright Fintracht [White Strand. in the county of Kerry] and angels attended him after he was born. . " Liadan.I. We shall meet there shall be A son. and that Christianity was liere tirst introduced into Ireland some time The tradition of this pre Patrician Christian Church is and the authorities through which it has come down to our time are of great weight. tresses engravings. daughter of Maine Chirr.'s Ailithir. and it was Ciaran that obtained for the King of Corco Luigde that the Enecland of a Rig Cuicid should be allowed to him.IN TRODUCTION . . the importance attached to them by O'Curry in his Lectures.

and enclosing a piece of ground 11 from thickness The entrance passage in diameter. . Du Noyer drew them. and is most singular in its construction it measures 5 feet in externally. and belonging the buildings which he the fort which Mr. however. repreopinion with sufficient accuracy the general character of the whole of those monuments as they were at the time they were made.-ov " called the to the group of Ancient City of Fahan". forming a ssoThtse. faces the east. a ditch or moat. Du Noyer Mac Tit'ech. 5). The drawings. varying in to 18 feet. which is here 11 feet thick. nari'owing mid-way to less than 4 feet Here several stones project verinternally. it I first saw them ard wl:en Mr.''" wowes'-at ^'''""'" The annexed figures represent called by the modern name of CaOiair na " Fort of the Wolves". a fort having a more or less circular and an outer earthen rampart. width. feet 105 to 95 about consists of a massive Figure 4. View of the " Fort of the Wolves". marked in the plan c (fig. combined. tically from the walls of the passage at each side. have suffered much within the last fifteen or twenty years. some of the buildings within the sent in my . It and almost circular stone wall. like ruost of our other monuments. " through the wall. They are certainly much more dilapidated now than when then.cccx INTRODUCTION. that is Dun The " Fort stone-built wall. Even was not an easy matter to trace out the exact positions and forms of Cathairs.

so as to The entrance passage resist any force applied from without". is On the left. both of these are still perfect. constructed with unusual care. the central area of the fort is reached. la . and close to the southern shaped roof guard-house. (ji) watch-house. sages hoase. {q) entrance to watcli- . leads into a small court-yard. measuring The "Fort 6 feet 6 inches square internally. 5^1 inch. (m) covered passage.sS^ tlie Wolves". attached to the wall of the Cathair. {k) Clochan. or CaJier. . and 20 feet from north to south opposite is a narrow passage. • CCCXl Fig. is a Clochan (g) measurHaving passed this building. (e) narrow passage leading to interior of the fort (//) guard-houses {(j) Clochan. Fig. door-way (c) entrance doorway. formed and protected at each side by what may have been a . (A) principal Clochan. the principal house or its Clvchan ^=1 (h). small guard-house . and rising into a lofty dome. Plan and cross-section of tbe " Fort of Scale 40 feet to 1 £g^^^ . ing 12 feet square internally. but detached from it. (c?) court-yard. (t) passage leading to it. rest.INTRODUCTION. 5. against which a moveable door could be placed.Woives"at On the left-hand. (J I) entrances to covered pas. about 19 feet from east to west. ^^^. la.

before it becomes lost by These passages the falling in of the roof. described. being about 4 feet above the The present level of the floor. some subterranean modes of exit. or enclosed area of the Les. marked m. while the other is level with. and m. and the passage leading to it flagged above. The most interesting feature of this fort is the small circular '^ . but are now reduced to heaps of stones. is a small square recess. is about 40 feet long the second one marked Z«. to which I shall refer presently. . having its la. 5. Where 18 flags. Clochan marked k on the lies north of the one plan directly Se^wofves"^ atFahan. !" have entrances on the inner passages side of the wall. its is not now distin- guishable. A . south of the door-way. and running towards the south. the external surface of the building. the wall is thickest. and is is much ruder in its construction. for a distance of about 30 feet.section of one of and are marked /«. Z«. in the enclosing wall. may now have led to obliterated. through the guard-houses//. which. chamber . supporting a flat lintel. q. Valentia Island. passage having north of the Clochan marked k.CCCXll INTRODUCTION being formed internally of large upright flag-stones. ' which Mr. This section is supposed to go from north to south. Several other conical or bee-hive shaped buildings were also within the Airlis. and the range of the Iveragh Mountains. ing view of Dingle Bay. Narrow passages. ' con- structed in the thickness of the wall. through the low angular passage. marked Z. j^^gj. and which represented the Jai^hus of the Norse. as on the north and west. one side projecting from. and l<^ them in the section through the Cathah% fig. can be traced in an easterly direc- tion. 6. at top : it is feet thick. and the small outer shown chamber those marked Z«. — Two of the the southern part of the wall. which are The Guardhouse of the 'Koit of the Wolves". Its door- way unique in construction. can be obtained from it. I: the entrance of the one in — n. by large these are in a cross. The entrance close to the entrance close to the first. . Du Noyer "^ calls a ^ s^uard-house. n. to the right of the door. In the interior of this Clochati. and access to which was had only from commandthe outside. covered in have been formed in the thickness of the wall in the plan fig. does not appear on the plan.

but unconnected with it. is flagged overhead. Ihis fort has been formed. the warder's seat had no communication with the interior of the fort. as will be many miles to the east oi Fahan. champion's share at Emain Macha\ and of which an account is given in Lecture xxii. from 12 to 25 feet in thickness. and 3 feet at its present base.INTRODUCTION In CCCXlll tlie ancient tale in Lebor na h-Uidhri. in the tale alluded to. in the passage. " by separating the extreme point of an angular headland from the mainshore by a massive stone wall. corresponds " the "Fort of the Wauiei's tales. Although there is no specific description of Cathair Chonrai. Wolves". about tlie Curath" or mir. it widens to 8 feetj and becomes arched overhead to the right hand. celebrated in MacJDaire. and constructed in the thickness of . is well illustrated by the annexed woodcuts of Dunbeg. pierced near its middle by a passage (b) which This wall is the doorway. the door-way to which is at present 3 feet 6 inches high. opposite to which. having a lintel of seven feet in length . a heroic story. p. by an additional layer of masonry about 4 feet 652 Vol. 75. ii.. 2 feet wide at top. . the wall. measuring about 10 by 6 feet. through a low square opening". the access to this being from the area of the fort. there is enough to show that the fort represented in the pre- insu ceding figure corresponded in a very remarkable manner with the Cathair of Curoi stated to have been built on Slieve Mis. constructed without cement. or Curois Cathair. and communicating with the passage by means of a low square opening. has been constructed in the thickness of the wall on the left hand of the (e). room similar to the one main entrance. second type r'epresent^ed '^ "" ^^' seen in the plan. The second type of ancient Irish fortresses.''^^ mention is made of a warder's seat outside the Cathair of Curoi Irish king Like the chamber n in the wall of of West Munster. is a bench-like seat (c) a second guardjust described. as the passage recedes from and extending 200 feet in length from cliiF to cliiF. The wall has been strengthened exteriorly at each side of the entrance. not or that formed on projecting headlands. is a rectangular feet room (d) — perhaps a guard-room — .

and cross-section of tlie wall. Fig. 7. The (G g) steps on interior wall (u) sea wall of Lis. fig. The cross-section of the whole Dun. aud sections correspond. (i) ruins of Clochans. (b) passage through wall (c) raised bench or champion's seat. 9. 10. y. . "mmm^^ii^^^^^^^M Fig *^' 9— Plan and (flg. figure 10.way or passage througli exterior earthen ramparts (l) underground chamber in one of the fosses. . and the enlarged plan. are taken along the line s N. .section if wall of Diinleg Fort. (a) main door. fig.INTRODUCTION. Fi .way. . over whicii the . entrance passage or roadway went. 10) cross. (k and m) remains of stone gate. . (J) guardroom (e) interior guard-room (f f) covered passages in thickness of wall Iptters in the plan . I izo recT.

by the Dun of liaiiyhea- rocky coast of Ireland. similar to at and in other stone forts and Caisels. with intervening fosses^ were thrown up outside the stone wall. In the interior of the the plans of which cannot (i). The interior face of the wall recedes by a suc- cession of stone steps. passed through them this pathway appears to have passed through a stone gateway . In the passage across the second fosse from the fort. each other. in each earthen mound. in the townland of Ballynorth of Dingle. as the line of junction may be clearly distinguished behind the outer fig. may be Third type by the annexed wood-cut. of an inner circulai earthen rampart. but defended in general by common along most parts of the third type of fortress. 10). formerly covered in. are Similar headland fortresses. and close to the main road two miles heabought. . which doubtless afforded access to a ter- A series of three earthen mounds. able Ccdhair svirrounded This monument " consists leading to the vilhige of Bally brack. an underground chamber of the (l) was constructed. no doubt.INTRODUCTION. In the thickness of the wall. and run up the flank of walls. from 12 to 14 feet thick. are long narrow passages (f f). flagged overhead. taken along the line shows the relative proportions the mounds and fosses. or true stone-built Dun. nearly parallel to Two enclosing a piece of grovmd now called ParkaThis was. A or passage. as will be seen by reference to the plan of the fort. and on the west side are portions of a wall (h) along the edge of the cliff. The illustrated by a Dun. or the field of the Dim. Mount Eagle. which is remains of several Clochans about 90 feet above the level of the sea. The remains of two of these are indicated at m and k. race on the top. s N. those in the " Fort of the Wolves" each side of the entrance. in CCCXV ounbog depth and 30 feet in length. pathway. work (see section of wall. which represents a remark. Faitche of the Dun. This appears to have been done after the erection of the wall. leading in a direct line to the entrance of the fort. earthen mounds only. start one from each end of the external mound. The section at the top of the fort are plan. the doona. now be traced with any certainty.

(q) row of upright flag-stones.554 ^^ (c c c) entrance passage to fort (c?) (e) outer (h. (l) ruins of a Clochan (m) inner circular (k) oblong Clochan rampart. (/) middle chamber. faced on the interior with stone (p) shallow fosse . 6. .as* Fig. 12 — Section of preceding Dun and .CCCXVl INTRODUCTION. platformed and faced on the interior with stone. (n) deep fosse. 11— Plan of a Dun and Cathair.aX Ballyheabought. i) wall chamber. County of Kerry . . Cathair along the line a. . . Co) outer earthen rampart. Fig. entrance to principal Clochan {g) passage to inner chamber. . .

at the top. cuts through the inner mound large flag-stones lie . constructed around its entire . in removing the earth to construct this mound. about 5 feet broad. The Clochan Clochan. it and leading due south. . which was constructed in the ramparts. carefully faced . the remains of a massive In the stone doorway. ^ ^ 3 feet above . width This rampart is surrounded by a fosse. is a low narrow passage [g) giving access to a lunette shaped apartment (A). is a second wall of defence. row of upright flagstones (q) forms a kind of enclosed pas- The interior sage from the Clochan (k) to the door (d) of the principal If the row of stones (q) Clochan. a distance of about 25 feet. (c) every direction from the The entrance passage to this magnificent fortification faces the west. the ground was then gently escarped in fort". doubtless. bought. were continued to the rampart. . and measures 18 feet in internal diameter. constructed on the exterior of the main wall of the Cloghaun. The principal one is well preserved. to form a sleeping chamber (/). between the flagstones and the If this were so. circumference. 10 feet thick. and on its southern periphery. and it is very probable it was. scattered about. on the interior ' ^'« "r with stone. CCCXVll and 100 feet in internal diameter. the and the ground cut off by the wall (i) may Clochan principal have been intended for the use of the women. and. the present level of the inner area. a portion of towards the south has been carefully separated. (k) in that case may have been king. a second. (i) A of the fort is partly divided off by a wall the which connects group of Cloghauns with the rampart". but faced on the exterior with large flag-stones . but small fosse was made external " to all . inner circular area are the remains of some massive Cloghauns. and are. also of earth.INTRODUCTION. having its doorway facing the north-east . ^ n r Cathair of Ka'iy'iea. at the extreme end of which. crossing both mounds and fosses in a direct line. and havmof averairinff ^ a narrow platform. This Dun the sleeping chamber of the was doubtless the winter residence and prin- cipal stronghold of some powerful B/gh. 25 feet in and on the south side fully 20 feet in depths Outside this fosse measured from the summit of the rampart. access to the principal Clochan could have been gained only by passing through the narrow passage.

and in the liouse of a A Fer Fo7'ais was also bound to have a running stream in his Lios. for impounded cattle to for drink geese and cool themselves. 88. IndeI . in the County of Clare. Spi'ing of water in llOUSH of Uruyhfer. "5 The following interesting passage from the laws indicates very clearly " the duty of a Fer Forais : Everything of these he sliall have. a circumstance easily exThis custom of his functions of public hospitaller. or blazing fire and that the place all round must be well guarded {i. the one tlie site of an ancient " lawn light". Mr. or the stone or sounding flag. have already mentioned that a Bnighfer should have " an ever living lire. the Toran no beim tar Sgiatli. and Atk Solus. he and every other Fer Forais. B. and a signal fire on dark nights on a conspicuous part of the Faitche or lawn. that is.'^''^ In connection with the buildings of the ancient Irish. that a party of travellers had arrived at the water's edge. These of giving notice at fords of rivers signals consisted of a mode and bars of estuaries. Running stream in Lios or Airless of Fer Furais. is defective here. Egerton. is meant]. Mus. or the Tene-geallain.CCCXVlll Lawn-lights INTRODUCTION.. covered over with a moveable flag. that is. . the use of a sounding flag is still common on the fords of the rivers and dangerous passes in the County of Clare. MS. or owner of a Forus. and the other that of an ancient "ford light". or in the dairy of farm-houses. not far from Quin Abbey. was bound to have signals for the guidance of travellers. hvA clock ind ah \amd'\. or within his Airless. indicate. pendent of tills fire and this light in the interior of the house. he was entitled to have his house built over a spring. and a pond in his Forus-ysivd Leech or doctor. Brit. and whose Airlis.a. and of sounding an alarm. the thunder or shield rattle. could serve as a pound. or enclosed yard. Alarms were apparently sounded by striking a shield.e. a signal light on a dark night]. 59. namely. and especially on the river Inagh. ford light.e. fortified). having a spring of water in the living room. or the clock indab [the il/«S. It is probable that he was the only man under the rank of a Flath who was plained by entitled to this privilege. that is. I may mention the right of a Brughfer to have a spring of water in his house if he chose. b. but mention is also made of a sounding flag at the brinks of rivers. O'Looney informs aie that . and signals at a Forus. and the Lessan Faitche. The topographical names Ard Solus. so that nothing can escape out of it". or the lawn or field light [i. and thus obtain the exclusive use of it. and a candle upon a candlestick" but. hill light. near the water's edge at the ford. p. has come down to the present time in some remote districts of the country. %very one who had a homestead surrounded by a rampart.

xxx. was used for the cure of rheumatism. the monuments erected over the dead being examples of the -. as the law says.INTRODUCTION. . It is very much to be regretted that live to gather together all the scattered allusions to the Professor O'Curry did not modes of Irish burial among the ancient Irish which are to be found in This important question was to have formed the manuscripts. he gave security for the proper treatment of the in return security for his fees. the Leech. should have four doors. wounds. his who examined cure probable. and received of Lian. of water and fresh air. or Leech. subject of the course of lectures which was to fullow that on Music.. Avhich must have been very common. chamber.'11 appears to have been Number doors 111 a The value of cleanliness. but medihis own house . not over a spring. upon which depended the legal liabilities If the leech considered the of the person who inflicted them. to CCCXIX swim in. . Among the sometimes treated his patient in early Irish the TAag. Although. ^'^^'^i^'s respectable and eminently practical. and thus insure the Tlie hot air bath proper ventilation of the sIcL. indicate the localities where Leeches' houses formerly existed. and gave a certificate as to their character. as curative agents. and it is probable that the remains of such baths which are found here and there through the country. he supplied not only medical advice. writmg on the intention of not discussing any subject winch was not morethe uuriaiof or less within the scope of the Lectures now published yet. When a man was macine and hospital accommodation also. I set out with Reason for . . in writing this Introduction. taken to the house of he was liciously or accidentally wounded. '^^ See as to their amount. in addition to having a stream of water flowing through that it it. may be perceived from all sides. cc!. or Leech. to build his house over a running stream. A physician had also certain rights over -water. .... appears to have The craft of the Irish "^ ^ ^ been thoroughly appreciated. . he had not only the right. but was in fact obliged. no matter from what point the wind blew.^^'^ patient. BURIAL OF THE DEAD IN ERIU. Another object of the four doors was that it might have at least one of them always open. in order. . . for we are told that the Leech's house. p.

and the [fifty] hostages which he brought from the . monuments of the dead in other the graves. son of Fidad. — and the three and Fiachra — there is a passage which seems to prove. and his Ogam name was forth then Forud in written. little doubt that the custom which Caesar tells commnn tions. on one case of his entrance into the next world. and understood without some well And as these cannot be Eriu. booty levied as legal fine]. 557 « Funera sunt pro cultu Gallorum magnifica et sumptuosa omniaque. tumuli. in igneni iuferunt. vi. hostages reiri^h MS. his Cluiche Caintech was ignited. and with horses and dogS for the chase. with a retinue of his favourite servants befitting his rank and warIn the like exploits. e. It is even probable that this custom came down The Gaulish burning only very There cau be to the first or second century of the Christian era. and his Fert was raised. to US the Gauls had of burning some of the clients. but few vestiges ofitcanbe detected in the existing tales. quos ab iis dilectos esse constabat. Ailill. and he went rals. in Meath. In no way could respect for the among rank and qualities of the deceased chief be better shown than by providing him. not only the tradition in historic times of the practice of cremation of the dead in Ireland. una cremabantur".CCCXX architectural skill INTRODUCTION. and he brought a great Cain \i.^'*' was universal in early times Aryan peoples. and ideas of the period in which they are and other structures raised for avoid saying a few words on I cannot the of the use living. however. and favouritc auimals of their dead chiefs and warriors. Bdlo Galileo. I erected. as much as the houses Cremation practised in marks on the tombs by a few words on the funeral rites also. etiam animalia. sons of Eochcich Mnidhmeadhan Brian. have to preface my reshall knowledge of the funeral rites. story of the death of Crimiliann. quae vivis cordi fuisse arbitrantur. Fiachra died of his wounds His Leaclit was made. The numerous urns containing burnt bones found in Irish tumuli. on his way to Temar. 19. slaves. when celebrating their funeral all rites. ac paulo supra lianc memoriani servi et clientes. justis funeribus confectis. he reached Ui Mac Uais. provc that at some period cremation of the dead was practised in Ireland. and there. but also that of putting persons to death at fune- This important passage is as follows: ^'•Fiachra then brought fifty hostages with him from Munster. . When.

burning alive was one of the modes of punishing persons for because some crimicriir= -r-rj T •! certain crimes.*''' The occurrence of cinerary urns containing burnt bones. Book of Ballymote. because less • .—Vellum MS. which was considered to have been sufficient proof that she was a consenting party to . as if they were the dependants and slaves of Fiachra. that putting them to death in the way here described. I. I.INTRODUCTrON. It may be also. the custom of slaying the animals of a deceased In person. The mere in the chambers of great tumuli. and burying thera around him. if the maiden became pregnant. Ltbor na h-Uidhri. 21* . and that it might be a trophy over them". of the abduction or seduction of a -oobefv lAjMTi pAc]\A X. and to slay his quadrupeds". in treating the Munster hostages.. and he went on his visitation of Eriu and he . aii cAn tTo-pAi-o in "8 he^\\. R. Ho ctAitjeAg AbeAccocuf'po'LAigeA'o a f-eApc ocu]-|Ao1iA'onAT) A cUiicecAeticecocu]'^o-pc]\ibA'D A Aiiini ogAini ocuf i\o li A'oii AiceAX) n A jeitb cuca'6 a neAff ocuf pA-o beo im f'CAixc pAC|\A combA IiaiL tro]\ inumAin •do ^y^ey ocuf combA coin|\AmA jTOfiAu. may be looked upon as true of burnt evidence of the practice of cremation of the dead: but the sufficient distinguished tombs do not of themselves prove that cremation of the dead was practised at the period at which the grave was made. "9 Vellum MS. as they would have hall. b. A. maiden were so punished and. from the Book of Ballymote above quoted but in the sia'ostory of Lehor na we have a distinct reference to Etain/va. fol. p. A.^^* The reproach which this act was intended to cast on the men of Munster consisted. K. this tale we are told that Eocaid *' left Ailill at Fremain of Teffia to die. to make his Guba. AlAn cAin -oo lApum ^occ tub mic CuAif mToi AcbAc V^iAcpA oa 511111 An-opn. Gvidcricc of occurrence of such urns and bones in cremation. 145. that might be a reproach to the Moraonians for ever. as even among the dead. (middle). along the wall of his banqueting it were. soutli CCCXxl it were buried alive around the Fert of Fiachra. 130. sat in fetters consecrated them. who were all of the highest birth. left Etai7i Avith maine made — that Ailill in order that she is. no doubt.. col. 51 Alt A ITluniAn ieif ocuf -oo ocuj' tuTo |\eime lApcAin •00 pAfcnAtn co CenipAc. li-Uidhri. to perpetual hostageship Animals of No mention is made of the burial of animals in the passage . nais were We have distinct evidence that persons ffuiltv nals f • • ^ 1 bui'ied alive. to dig his might have his TiugFert.b. 1.. INT.

who . If it be.e. p. to which I shall presently refer.I. 42.. of course.U. i. Amergin did not. and by Avhom. in AcJiad Dorhchon. a mythological personage of the Tuatha Be Danann^ recommended that Becuma. done. said the king.e. and when she stood before hira. and he told his people to burn her. Before long the news became known to the king. and after that to scorch and to burn you without respite. from an examination of burnt bones. It so happened that the smith and the lady had familiar intercourse with each other. Courtship of Becuma. or commit a crime with this lady visitor. held her in high esteem. Amergin. cilme. and the king and his wife 0/^om/i-smith to the king of the territory. and he bestowed great love and affection on the lady.e. The king thereupon sent for the lady.. It is there the father of Barra had i. — refused to send her back. or to pay any restitution for the offence to her Cumall was killed in the father. whether the person to whom they had belonged had died before the body was burned. bottom) for the battle of Cnuca was the abduction of Muirni Muncaem by CinnaJl. and her love for him was not less. hear of this warning. we are told that Manannan Mac Llr. INTRODUCTION. The more lenient course was however adopted. and this Amergin was a very good smith. because the child who Avas then an infant in the womb of the noble lady was beloved of the Lord. 1. lest they might incur the And again in the curious legend of the vengeance of the monarch Conn. O'Curry MS. for a great thunder and a heavy fall of rain and fiery flashes of lightning. and to build a fire and to light a kiln. or to the king for the violation of the law. Book of Lismore.e. "After this the race of the ancestors of this holy youth. Labrad of the swift-hand-at-sword". that they M'ere not able to light the fires. . and replied: It is by Amergin I am so. he asked her how she came to be pregnant. or had been The following passages establish what has been said in the text. This was not. col. and he. it is right to tie and fetter you both. and to put them both into it. the . Again. however. obtained family possessions and land in it. The lady blushed on the face. namely. in Muscraighe. The king commanded his household that none of them should form a secret alliance.*^" It ^8" i. and he was chief his residence . Life of St. 1-2. the cause assigned in Lebor na h-Uidhri (p. They did as the king commanded them but God did not allow them to put them to death. the blessed Barra". be impossible to determine. and such an unusual storm of rain came at the time. the unfaithful wife of another personage of that " race. but he refused to admit her because she was pregnant. however. should be banished or burned. and MS. i. which took place in consequence of the refusal.. came from the territory of Connaught into the territory of Muscraighe .CCCXXU Bones from the two sources not aistingutsh^'^'e. " The king commanded his people to tie and to fetter the two. battle shelter . C. to the king of the territory of There was a noble Rathlend . and she came into his presence. and Tighernach was his name lady staying with the wife of the king of Rathlend. and she became pregnant. Barra. Muirni came to seek from her father after the death of Cumall. Finnharr. as they were afraid to kill her. burnt alonof with her seducer. ' she was would. son of Dubh.

chral monuments were erected for those burned for crimes.. practised. • The 1 dircjes constituted the Guha. as vvc learn from the Irish version of the travels of Marco Polo. the lighting of which the pyre was kindled. . 63. we are told in the The . and included. the burning of the body. ^ /thouphused that sense. that no scpul. to criminals. in the promontories 5G2 "Whenever C'jJigign.^^' In the single instance of cremation of the dead above mentioned. a pyre. The Cluiche Caentech of Fiachra.b. and other rites. of mountains. ciutche Caentech not above quoted. to the first. and which in after times were replaced by the candles put around the dead body. . no doubt. burned . alive. Book oj Lismore. but especially the recitation of dirges. c-r 21* B . was iffnited. and we may thence infer that when cremation of the dead was practised. too. CCCXXUl There is reason for believino. fol. Cae Cain Brethach is preserved in was one of the modes of Your crime is disgrace were a shovelful of dog's dung. which. ". -1 T ^. -. took the place of the lighting of the funeral pyre as "^' A judgment attributed to a " : certain The judge says to the proved. Many of the funeral rites gests itself for this being done./. and you are found guilty. was applied. and a shovelful of horse's dung. MS.. and The • CuJa the ° games the Cidtech Fuait. A. The three shovelfuls of accused the laws. 18. b. I will not put you to death. and the performance of jrames. torches with Hence the kindling of the torches. was not a funeral pyre. and ^"one. so that it will not be setn by man beast ever after". necessarily survived the substitution of the burial of the body and among them. the enclosing of the ashes in the urn. fuls of disgrace upon your body". they make aslies of his body.f. or the lighting of the candles. as we have the term used for the whole of the operations One reason sugseen. and they put them into a Cronoc cumdaighyOr prei«erving urn.No funeral monuments . . O'Curry'e copy. Avliich shows that a dishonoured grave punishing an unfaithful wife in ancient Ireland.3.I. There was. a shovelful of man's dung. H.INTRODUCTION. : a person who goes into that kingdom [the province of on the borders of Tbibei] dies. Cluiche Cae^itech to enpress though evidently used here was the whole funeral rite. however.. and in the bosoms of cliffs. when cremation was passaije 1 1 1 -1 m J it. apparently not borrowed. - . the ashes of criminals were not collected into urns. nothing is said of putting the ashes into an urn. but I adjudge you a dishonoured grave with the three shovel. for cremation. R. a special name for a cinerary urn. As the ignition of the funeral ^«a'< or dirges and pyre would be the signal for the commencement of the dirges games 1 ..

following as closely as they could the air or tune adopted by the professional mourners. at least in medieval times. who was charged with the care of the candles. wakes and funerals in the Irish-speaking ~ districts of Ireland up to the period of the famine of 1848. by a young man. the Ceprfjr or panegjric. consisted in the recitation of dirges. one stood near the head of the bed or table on which the corpse was laid. I have no doubt. who used mourning women. women. were men. He first recounted his genealogy. bard. One of those dirges. . after which the members of the family and friends of the deceased joined in the common chorus at the end of each stanza of the funeral ode or dirge. . The friends and admirers of the deceased sometimes joined in the accompaniment or chorus. then the long or double part was sung by the two side mourners. a dirge of this kind. and perhaps still do so in some of the remoter districts of the west and south. or professional ^ . in the county of Cork.CCCXXIV tlie INTRODUCTION. Whether the body were burnt or buried. the brother of the deceased. a true tradition of the ancient Cepdg to attend the or Guba. or even all the principal singers. The mourner at the head . . ^ which specially recounted the descent and exploits of the deceased. assisted by pupils and the family mourners. . excellent in point of both music and words. I once heard in West Muskerry. one at the feet. . the Clmche commencement of Caente or singing of the dirges and other rites. preserve. The usual number was at least four . eulogised killed . . c^T'^^^ Sometimes one or more. . a Cepdg. was called. Manner diiges. and thus preserved a tradition of the connection between the funeral pyre and the name by which the whole of the funeral rites were called. as we have just stated. opened the dirge with the first note or part of the cry she was followed by the one at the foot with a note or part of equal length. of chantirg the This dir^e ° was chaunted by the mournins. which. }i{g and in measured notes. and one or more at each side the family and immediate friends of the deceased sat around near the table. while the professional mourners engaged for the occasion sang the accompaniment •' . in melancholy strains the3fiid Caointe or professional Xhe 31nd mourninof Caointe. the operation was accompanied by certain rites. to correspond with the metre of the dirge. improvised over the body of a man who had been by a fall from a horse. .

delivered. CCCXXV the spotless honour of his family. Mr. and the loss his friends sustained. and he planted his Lie. O'Looncy's MS. as many as three or four taking part in the improvisation. Rigs. his fight in a fair. give an example of this part of the Cluiche Caolnte. in his Tn Bir Gaithe an B/tais. the panegyric or funeral oration. and usually attributed to the former. his was examining wounds : And recounting It his great deeds was a great affliction to us then That he died under our hands". and other distinffuished personages.^" it is probable that the Quoted by Dr. : — He He " I casts his beautiful body down. horsemanship. and virtues of the dead. and so on. or the "Three Shafts of Death". The stanzas from following grief. he spoke of his wrestling and hurling. described in the tones of a sweet lullaby his childhood and boyhood. then changing the air suddenly. And he falls upon the ground. and even. which Avas again and again taken up by the bystanders. the CuitechFuait. but exquisitely beautiful wail. or funeral rites " Then the son of Ronan screams. Keating Lib. whose last poem it is said to have been. or funeral games. in cases of excessive tore their hair and beard. and after this the Cuitech Fuait. his prowess at his skill at ploughing. the historian or bard of the family. In the case oi' Flaths. viii. . and he made his Cluiche Cahite. the lament of Oisin for his son Oscur. . 110. art.. the friends and comrades who and plucking lamented the loss of the deceased prostrated themselves on the "fiiair and . and he proclaimed him at his burial place. 1 f 1 made by bardof recounting the genealogy.INTRODUCTION. and ended by sud- denly bursting into a loud piercing. beard a ^'"*«« ground with dishevelled hair. his wooing a and marriage.^"^^ When the cremation or interment of the corpse and the Funeral Cluiche Caointe or mourning part of the ritual of the dead were completed. Sometimes the panegyric on the deceased was begun by one and continued by another. iii. in ancient times. ^^* Aicil [Achilles] buried Petrocul [Patrocles] and he made his Fert. and he wrote his name. Prostration During " the ancient Guha... vanegyricot ^'laths some other 1 Tf -. deeds. From *" the use of this word to describe the games instituted by Achilles in honour of Patrocles. commenced. p. plucks his hair and his beard". or qualified person selected for the purpose.

an assembly of the whole people of a Tuath cemeteries or province.Gall..—Book of 565 Poem oil Ballymote.— Book of Lecan. the assembly was called an Aenach Guba. The Nosad. Nosad.. was always held at the place of burial of the kings and nobles. or games celebrated at TailtS on Lamas-day. and held When rites sung. or the at fair instituted in her name. and the Cuitech F^iait. From it we learn that the fair places. and as the principal function of those who attended was to join in the Guba. or mourning. or funeral games in honour of the dead. of which I have spoken above. she died her Guba was The reason they used of their friends. or if it became the burial place of other kings and nobles The history of the fair of Carman in the Appendix shows how the first Aenach Guba developed into The Mr of the ancient tract on the origin of the names of the called Dindsenchas. king of Spain. heW. the mound or tomb of the foreigners. practised at the the Cuitech Fuait. appear to have been included under the collective name of Nosad. Fair of Tadi€. the dauehas many we learn from centuries.a. fol. son of Duach Teimin.I. Aenachs or J havc already mentioned that the Aenach. of J/a^Amor. and the and games. was instituted to commemorate the name of Tailtiu. funeral rites. She requested ter her husband to have a her grave. etc. The great fair a great triennial assembly held for of TailtS had a similar origin. " ""> fairs always ^^ ^® havc Seen. R. or mourning assembly. for it which the Cuitech make the Cuitech Ftiait was for the good of the souls was a tradition among the Gentiles that the soul for Fuait was not made should spend one hundred years in to f. which were performed after the funeral. The Cuitech Fuait. Aenach constituted The Cluiche Coomfe. . a. or some other stated '^^^ •' > j period. were repeated on the anniversary of the funeral. The institution of a fair at any place seems to have always arisen from the burial there of some great or renowned An assembly was culled together to celebrate the personage. by whom Duma na n. of which the Nosad Lugnusa. at Tara was built.CCCXXVl INTRODUCTION. are an example.A. or on every third anniversary. which was. and the wife of Eochad Garbh. or mourning chorus. if the person buried was of great distinction. wrestling. or games. 241. foot races. 258. or fair. the Druidic or other sacred ceremonies.

before Conchobar. or whetlier the urns of several kings were placed in the same tomb.C. Be this as it may. son of Seal Balb. beyond the reach of real chronology. Oc. and seven of his sons and graudsons. Ac- cording to the Dindstnchas. the son oi IHtaiu (the poetess). The nobles of the Tuat/ia D^ Danand. The kings of Connaught in Cruachan. the son of Olloman. It is not quite certain whether a new mound was always erected for each king. a royai ce1 • 1 1 • and nobles. the fair of Tailte to the years B. Aedli. " Fifty Cnocs at each Fifty Cnocs at Aenach of those Aenach Cruaihan. and U\e Dagda and ius three sons (namely. fifty Cnocs in the Aenach of the Brugh". with others of the chiefs of Ulster. women. the graves of The periodic celebration of great fairs on the sites of kings. Firbolgs. Lug. that the fair ground was covered with numerous mounds. and many more bt sides of the Tuatha De Datiand. last it was celebrated down to the time of Eoderick O'Connor. ^"^^ ^^'' According to the Dindsenchas. 942. The Cland Dedad at Teiiiair Erind. and Fecld. Ollamh Fotla. and others. were buried at Tailte. According to the Annals of the Four Masters. the last fair was the black fair of Donchadh. And " Fifty Chocs at Ae7iach Tailte . with the exception of seven (who were buried at Tui/te). queens. The kings of Munster at Aenach Cuile. Elain liers>'lf. was celebrated on the first Monday of August each year.m.iid Cermait). ut diximus". CCCXXVll were celebrated by her foster son. Oengus. the king of Eriu. who died a d. acThis cording to one account. Liigad. 3370. . And " The Cnocs which are in the Aenach [of Ciuachanl There are under them heroes and queens. And And poets. were buried] in Aenack Ailbi. Ogma.INTRODUCTION. elegant and banquet distributors. at Aenach Colman. the son of Fland [/S'»»ia] son of Maelsec/dann. he cemetery of Cruachan. ever pure. Of course these dates are only of value as indicating the great antiquity of the fair. Cairpre.*^® Durinsr pao^an times Tailte. Those are the three cemeteries of the The cemetery 'J of Taill<f to be chosen. we are told in all descriptions of celebrated cemeteries. the cemetery of the Brugh. . though instituted in pagan times. fair. like the sites of T-aiV^ daring P'*8*° "™'^» 111 11 1 ^ r all the other celebrated rairs. According Annals of the was instituted 3500 Four Masters. was the cemetery ot kmgs. The kings of the province of Galian [Leinster. a.a. down to the middle of the tenth century. Idols. 5ii7 a 'f ijg chiefs ot Ulster. and to the end of the twelfth according to another. were buried at Brugh. pure. namely. namely.

L'idhri. habitat in the others in Meath are of great size. p. and the or chambers. and in other places. are character- "The true Ultonians before Conchohar Were always buried in Tailte With whom Death ol' Until the death of that triumphant man. the in as nomadic and without any fixed This objection may. Lebor na h. In this respect Irish legends offer a marked contrast to the British. both from their great antiquity and the fragmentary character of the literature in which they are preserved. The marked is characteristic indeed of Irish legendary which it is inseparably interwoven with way history the ancient topography of Ireland. that while those of which may be described soil. 1. Norse. . "^ . I have no hesitation in saying that while. and of the successive kings and warriors buried in the cemeteries in times beyond the reach of real chronology. topography of the coun- wc comparc thosc traditions. are comparatively insignificant. be raised to the historic character of the Irish tumuli. and of many other cemeteries. col. on the whole. as well as the many vivid traditions. often incised with peculiar ornaments and figures. or Germanic ones. their glory passed away for ever" Athi or Dathi and his burial. confuscd '^ as they necessarily must be. and are not pre-historic Irish ti-aditioiis connected with in the sense of being ° outside the traditions of the country. .CCCXXVlll INTRODUCTION. and the passages to the Dumai stones forming them. during several centuries after the introduction of Christianity. the the Boyne and some monuments of Relig na High at Cruachan. of the most celebrated pagan cemeteries. belong to the cycle of the heroic poems and tales preserved in our manuscripts. •' •' ^ . no doubt. of the founders of each Aenech Guba. . they are as full and as consistent as the latter. preserved even to our own day in topographical names and popular legends. If . and other monuments of a like character in Meath. they are perhaps in a topographical sense more definite. with those of the Greek or Roman heroic times. 38. is to my mind strong evidence that the great tvunuli on the Boyne. Perhaps the greater size and splendour of the graves of the Boyne. and yet according to tradition there was not much difference in point of time be- tween the use of those cemeteries as burial places: indeed Aenech an Bruga on the Boyne and Aenech Cruachain in Connaught must have been used contemporaneously.

fact. There is term in the above posed of a called a 568 some doubt about the true meaning of the second list the Fert.. and Fearta upon their Feneda. or nobles. Brit. and the Cam. on the top of which were — laid horizontally other flags erected Fert. The following passage from the tale of the battle of Magh Tuired establishes beyond question this fact " Each man of them then buried his own comrade and : friend. *" Second . in Irish used frequently manuscripts in the sense of a bed. sex. and was buried in Jnis CartJiaigh. and covered with small flags like a sewer. tioned. the Fert^ the and the Leacht. Harkian MSS. list of See Addenda for a monuments mentioned in this tract. 91. and the rank. MS. is usually Such a naked stone chamber was. it was frequently faced inside with dry masonry. D. and his mate. rituai From the ancient laws and other sources we have direct evi. and not burned. occupation of the deceased. 5280. etc. T. 2. it Adding the others not men. H. istic of CCCXXIX the Tuatha De Danann race. a hollow.. — kind of monument Liao or Lie. or champions". upon which the earth was then laid.^''° over a Derc. Senan died at the age of one hundred and eighteen years. In this and Cnocs upon their Curada. or made Jhimai upon warriors. Vita Senani. the corpse was laid in the Derc. dug in the ground. by whom. and his fellow pupil . Battle of AJagh Tuired. elaborate in the case of great men.The of tlie dead ^'""'^d with dence that the ritual of the dead varied with the rank. top. b8. See Addenda for tlie passage. and that it was more splendid and^e^. with the feet towards the east and the head to the west. The Derc was When the Derc was shallow. where the Feart is. OCurry's copy. ^"^^ The word is cognate with Dergiid. 17. p. ^^^ Names passage we get the names of some of the monuments of : of the dead of the ancient Irish. O'Looney's MS. they were principally erected. his companion. a pit. First Battleof 2Iagh Tuired.INTRODUCTION. the Oe. When the body was buried. Mr. at the north-west side of Teampall iliioVe. ^'^ " St. and Leaca upon their Laeclira.. and they their Daiglidaine. which is called Derc Senain". or hole. the Dum^ the Cnoc.of tue dead will be convenient to discuss each in the following order: the Derc. however. A rectanfj^ular chamber. in a simple grave. or heroes. as is shown by the monuments erected over the graves. p. Mus. comnumber of upright stones.c. according to tradition. C.

a. and to raise small Baths of the Claide^^^ around them. fol."' and a wall The or earthen rampart around a camp. with the soles of his feet turned to the east. just as is done in making graves at tiie present day. [those Cnocs (mounds) upon distinguished foreigners. *'^ That IS. namely Ealadna [men of science]. and I shall go with you to-morrow upon the Mayh (plain). II. women. and not to have a Liag (flag-stone) or a Leaclit and there are three other {i. they then deposited the corpse therein. and Fert MSS. He who " There are two other modes in which such goes on to say: persons were buried in Eiru in addition to that just mentioned. Buok of Lecan. or the mound of the maidens at Tara. — . MS.CCCXXX the INTRODUCTION. they must have been rather small chambers of The which stones or Hags. A A Fert with Upon boys. the earth and other stuff which was dug out of the graves. a stone monument) over them . b.g. The Fert mentioned in the following passage is clearly a mound of earth piled over the Derc or grave. in order that you may plant my Lia and dig my Fert.*''* Ferts here spoken of could scarcely be mere mounds of earth. Keating describes the first mode of burial in Ireland as follows : " They used to make a Fert in the earth corresponding in length and breadth with the corpse. such as the structures sometimes called Ferts. a house. said she. the term Fert being applied to a ridge or embankment. and children". " I shall die of that. These lines as given by Keating are there should be two lines more to make a couplet of manifestly incomplete . Maigin no Aonaig. a mound or artificial at a fair or other place of assembly. p. And Murs upon who died of J great plagues". classes Aos are usually buried in those small Baths. and the *'' E. correctly called an 7nc^ei76 Cloich. 3. doors also upon maidens. few . are met with in different parts of Ireland. and hence Lia n-Othairi\ Book oj Lecan. '''^ Tri bir gaithe an Bhais. term Fert might therefore be applied to the kind of monument referred to in the following passage from a work of Dr. It is evident that the Raths here spoken of were small mounds formed of the earth dug out of the grave. . the mound of the sanctuary or fair of the Laws.18. 318. Ferta na n-ingen. 182. as may be inferred from the following stanza: " A Fert of one door for a man of science. or a church. " The second mode was to the dead more eminence Keating: [of bvu-ial] bury under ground. Fert of two doors upon a woman.e. 251 b. And it was so done. cit.b. Dr.

or forest trees . are interesting: " A token of pillar stones {Cairti) upon widowers To keep their burial place of the dead". that men worship idols. I might give many examples of names from early Norman char^ ters and other documents relating to the same ground. that they worsliip heathen gods.^'^ which to the same where the officer called a Ferdindistrict. " 48. Thus. without Trennai For boys and for raaidL-ns". X . The missing lines. did space admit of it. or over an Indeilh cloich or stone chamber. or to visits paid at night to conjure the spirits of the dead. if not Irish. 258. And we earnestly forbid any heathenism heathenism is. half to Christ. such as the Fert of Alaothagan in Ui Failiacli\ AmonfT the superstitious practices prohibited in the Anglo. according to the latter. The word Leacht seems to have been a general term applied the Leacht. ^'^ (Laws of Northumbrian Priests). applied " or existed. to the use of some part of the pagan ritual of the dead connected with to it this particular kind of grave. water wells cr stones. half to the king". fire or rivers. or by by Fyhrt. and the sun or the moon. of blot or any kind. I this explanation of the ened in word by strengtha similar finding pro- am of the Northumbrian Piiests. or perform anything pertaining to such illusions". ox la any way love witchcraft or worship idols. which. or love witchcraft. b. and put a Cam of stones over it. if he be a king's Thane let him pay half marks. " A Fert without doors. "^ (Secular Laws). either by sacrifice or by Fyhrt. that is. CCCXXXl crown of the head to the west.INTRODUCTION. to stone sepulchral monuments consisting either of unfashioned stones of every size piled up over a simple grave. The latter word I have already gus Ferthingman" hibition in the Laws shown to be almost pure Irish. the Fert of boys and maidens has doors. which are the fifth and sixth. Could this word be the same as the Irish Fert^ and mean a grave ? The prohibition in the Saxon laws may have referred. "5. therefore. which was called a Leacht. but according to the Book of Lecan.tiie Fyhn of Anglo-Saxou Saxon laws of Canute is one called Fylirt^''\ which Mr. Thorpe. eight lines or of a number of large They occur in a complete form in the Book of Lecan (f. a.). If any one be found that shall henceforth practise any heathtusliip. or promote ?«o///<-work in anywise. or a very closely related tongue. law. are those of a people who spoke the same. the editor. and. but they differ somewhat from Keating's text. regrets his inability to explain.

consisted of several graves marked by a head and a foot stone. know.aca were placed in a circle around the graves. 55. 1. When a a grave was called number of persons Cairti . Mm^s marked the graves of those who died of pestilential diseases. and also Fercu. and sometimes the name of the dead person was cut in Ogam tlie Tam. See — also poem of Oisin. The sepulchral monument than two called a Miir^ consisted of a block of dry masonry of not less feet in height which covered the whole grave. so far as I the i/ttr. his Leacht and his Lia is [are] upon the road at Conglais. he took a great stone with him to try to cross the water the flood drove him back. Keating seems to have recognized a distinction between the Lia or Liac and the Leacht. i. to When hood stones could not be readdy obtained in the neighbourmake a J/wr cloiche or stone Mur^ a similar block or wall was built of square sods called Dartaire. modernized in one case to Tallaght. or covered over by a Mur cloiche or stone Mur. Op. It is interesting to find that in the years lb^47 and 1848 the graves of some of those who died of the famine fever were covered by Milrs. and. and. fol. and Leac The upright flags upon which was placed a great block of stone. p. p. for he says " Another mode in which they used to be buried. but unchanged in Tamlacht O'Crilly in the county of Londonderry. were buried beside each other. with a Lia and a Leacht. Ualad was . heard this: he went to Cuchulaind CuchulaindkiWedi . Pillar stones or Cai7'ti were also used to mark graves. leacht upon them. where there were a number of them in the same place. and numerous are those graves in Eriu". col. na h.CCCXXXll IKTRODUCXION. an exile who was in exile with Ailill. Tamleacht may be translated as the Ijcacht of plague. latter kmd of Leacht is the monument popularly known as a " Cromlech' . According to the stanza quoted above. They are also dis: tinguished in the following passage from the Tain trious Bo Chuailgne: "An illus- champion went next day. 516 — Chuailgne in Book of Leinster. surrounded by a circle of Leaca.^'® Similar circles of L'aca or upright flags were put around the Leachts formed of piles of stones. as for instance in Tamleacht. post. Leb. 1.Uidhri. Witn Jiis flag upon his belly. col. as an indica<' Ftrcu. his name. cit.e. . i. their Le. fight Tain Bo them. a place near Dublin. b.e. at Cwgil. Lia Ualand is its name". Vellum MS. 05. cecxli. Their thirteen Leaca are there". Dr. A simple flag markmg a Leac or Liacc (plural Leaca). The word Leacht occurs frequently in topographical names. thirteen men besides were his company.

Vellum MS. pean branches of the Aryans. to view the surrounding country. to seek a boy who had no father.I. and from which Teamiir or Teamair. Human As the Gauls. I.^" and sometimes to a simple mound or platform like the lliir. which was erected for Tea. and Slavonians practised Imman ciitice had not a custom that the Irish is it sacrifice. prac- Aryan peoples. Of direct sacrifice. E..A. CCCXXXUl tion that such graves should not be opened before the expiration of a certain time. We have seen from the passages quoted above. by all Becuma Cues «" s'8 ^'9 gel. RI. 89.A. that some traces of the slaying of hostages and animals have survived. The case to which tells he refers in his Lectures. son of ]\Iilesius. Book fair body".INTRODUCTION. and having found him. unconnected with funeral rites. p. but that he found one case of the kind amonw the Britons. to slay him and sprinkle his blood on the site of the proposed Dun. Germans."* is to be found in Nennius. Book of Fermoi/.— understood to be three years at the period in question. a. wife of Eremon. very improbable which seems to have been universal among all the other Euro*- sa- _ . -1 to be found in the Irish similar "Courtship of Becuma''\ in the visit of Conn legend of T T o ^ ccm and of the the Indeed to Tir Cathach Tairnqire"^ analooy 1 CW British and Irish legends is so complete that there can be little doubt that they are connected with religious tised in early times sacrifices. O'Curry ^«Pf. Poem on Vol. wife of a f. f. or paramount king of Ireland. . like that of Iphigenia by the Greeks when proceeding to the Trojan war. however. now Tara. wife MacErc. of Lecan. or Becitma of the " MS. Tailte'. as of Eochad in the case of the grave of TaiUiu. a. has recourse to his druids."^of us he found no trace in Irish records. Gor- materials which he tigern having failed to erect a Diin^ the had collected for the piarpose having been carried away by suwho advise him pernatural agency. A similar druidical rite tale of the is. Fair of 222. 258. and in whose honour the Aenach or applied to a sepulchral Fair of Tailte was instituted. The term iMur occurs in some of the oldest tales. a Firbolg king or deity. is said to have been derived. sometimes monument.. the ancient residence of the A rd Righ Ermd.

tells Bun. and two chests are brought up.CCCXXXIV Co«n"an°d INTRODUCTION. daughter of a certain Morgan. wife of Kintf of Oj^a. Labrad of the « quick-liand-at-sword". a boat and sent adrift alone on the sea. . and a sailcloth which was between them. Becuma. Conn of the " Hundred Battles ". Mercia. The similarity between the British and Irish legends is very In the British legend the boy Ambrose. and that it could only be removed by slaying the son of an undefiled couple. in great grief for the loss of his wife Eithne. followed by the mother of the boy wailing. Assuming the name of Beilhh Caemh. a cow with two belhes.^*" During her first year's residence at Tara a bliglit comes on the country. As the youth is about to be slain. where she finds the monarch of Eriu. having committed some atrocious crime. he comes to an island where he finds his blood one. and after wandering over the sea. having committed adultery with Gaiar. The questioning proceeds. according to tradition. and representing herself as the or " the comely form". who is said to have been a Frank. By false representations he induces him to accompany him to Ireland. on being consulted. in reaching the Hill of HoAvth. and its blood sprinkled on the doorposts of Tara. This lady. who had recently died. appears on the scene. On digging up tlie ground the lake is found. is condemned by the latter to be burnt or banished. and his parents to sanction his journey. Becuma is placed in She succeeds. was. the His council havingf recom- mended more lenient alternative. This *8» A somewhat similar story is told of Cenethryth. assign as the cause of the blight the crime of Coiins wife. asks the druids what was beneath the floor upon which it was proposed to build the singular. They confess their ignorance. The druids. whose blood was to consecrate Gortigern's Bun. The woman recommends that the cow should be killed instead of the boy. virgin and sprinkling on the doorposts and land of Tara. one of the sons of Manannan Mac TAr. and having been found by the youthful Offa he was induced to make her his wife. Conn accordingly goes in search of such a youth. however. or in other words the son of a wife. sent to sea in an open boat. a British prince. and there is dearth of corn and milk. Whereupon tiie boy them that a lake was there. which was accordingly done. celebrated Tuafha Be Danann personage. she induces Conn to marry her.

following passage from the ancient tale of the The Cciivi was a mere pile or ^^^ '^""'' Brudin Da Derga contains so much curious information about the manner of making a Cam. or true tumulus. who were to be eventually defeated. In the Irish legend the woman asks the druids to explain Sbe the two bellies of the cow. and in the other a twelve-legged one. and it was a Cam they made when going to make a plunder. seems to mound or hill having a chamber ^"'"^. the red maofgot the power of the Saxons. because it was [to be] a plunder. that the former represented her son. It was a Cam they made this time. Ambrose tells the druids that the lake is the kingdom of the whole world. When the birds are taken out. dead in or under Dum domus) containing the ashes or bodies of the it. and the white that of the Britons. which they are unable to do. It was a pillar stone they planted when going to give a general battle.INTRODUCTION. attack each other. and the latter the druids. The with one. as the suo^ar loaf mound. that I shall give it here in full. the misfortunes of Gortigern are supposed to be mainly due to his having married his own hill daughter. heap of stones. for such was the custom of the Fians when going to make a plunder or a general battle. -while the have been a similar kind of name implies. on awaking. generally made sometimes but a over having no immediate connection grave. and that in one of them they would find a one-legged bird. and each man took with him a stone to make a Cam. and about one at least of the objects of it. and the sailcloth the kingdom of Gortigem. " The Dihergaih (or plunderers) started from the coast of Fuihtlmbe. a rounded hill or^^^^ Duma. The maygots. found to contain two maggots asleep. (cf Lat.^^' A or Cnoc or was. See Addenda for another reference to . the white one being defeated and driven into the lake. so that they would not be human sacrifice. on being opened out is CCCXXXV a white and a red one. they fight until the one-legged The woman then tells bird conquers the tw^elve-legged one. the to bellies when should them cut open they accordingly tells have killed the cow. To complete the parallel between the two legends. [and it was made] "*' at a distance fiom the house.

fol. The two purposes. then. why so [called ? Answer. i. Hence it was called Camd Liigaidh.a. told his people of slain. Koyal Irish Academy. 25. and the stones of this is how they used to those who were slain there remained is stated by the learned it is what And losses. of Cam Mail. and it was of them the Carnd was made . At the end of the first which one warrior distinguished himself day's fight. they then brought a and to the of man each well. p. col. king " the achievements of the single warrior. and in order that they may use of Cam kuow their losses at the Brudin. so that the number of those who were slain at the Brudin was a man " to each stone that is in Cam Leca'\^^'^ In this passage we have distinct evidence that the Cam. a. 2. and they brouffht a stone for every living wounded man out of it. i. their ascertain — in history that it was a man for every stone in fell of the Diberg at the Brudin.b. manner of making a Cam. 252.CCCXXXVl heard or seen from tlie INTRODUCTION. Every man who survived nmnber T uscd to take away his stone out of the Cam. them. bottom. namely. — venged made his Cam there. fol. Book ofLecan. Book ofLecan. during by bearing the brunt of the fight until he was particularly of the Firbolgs. 86. " Cam Furbaide acus Eithm Lugadh went to be reand he. and they gave battle to the man Ultonians and routed them before them. of Furbaide. because Dihergs were accustomed to make Cams. following are additional examples of the " Cam Mail in Magh Uladh. and it was upon this Camd Lugadh was while the battle was being Dindsenchas and Cam Maii" fought. house. they raised a great stone. Libor na h-Uidhri. ^^^ ercctcd either over a grave in which the whole body or the head of the warrior was buried.e. Vellum MS. the battle of Magh Tuired. [and who came] Lvgdach. . Liigadh Mai. for which they made the Cam [were].e. and this is the Cam Leca that Ca^m called Leca in Ui Cella\ Every one of them who escaped from the Brund went to the Cam which they had made the preceding night. the slain in a battle. when Eochad. a. and killed him on the summit of Sliahh Uillen. a stone by every man who was with Lugadh'\ etc. with the companies of seven ships from Alba into Ireland again [together] with the great military adventurers of Alba. the oveTcorpse'^ from the ancient tale of ot a Cam wamor. was not though erected to commemorate In the following instances instances of ncccssarily erected over their graves. or [it is called] Cam 592 The who was banished out of Ireland. A-^tone was brought by every who came into the battle with Lugadh.

2.. or " Rfd Branch". Leben. hdrfafjra. in the presence of their king. carried with him a head and a pillar stone.b. the seat of the Ultonian kings. A. When the retreating friends of a fallen Cam used nations of Europe.. even so late as the eleventh century. the retreated to their Firbolgs encampments.. H.D. T.*®^ '* are told that. No doubt in early times the skull was used as a drinking cup. and that is called Cam an aen fir. c. and besides. 95. and Lectiirts. «83 Ibid. or the Cam of Cirh's head' ". C. it was being car- to Cam saved from being a trophy. Eitdoelak. See also Weinhold. but the Tuaiha De Danand Each man of them did not pursue them beyond their lines of battle. c. which should not be violated without dishonour. slain. 18. champion. and in piling a of stones over it. c. blood red. Saga Saga . *®* One of the three royal houses at Emain Macha. 91.. Cirh. 2. The Scandinavians. i. independent of the difficulty of trophies. of which a good deal is told in the Lectures. a stone and the head of a man. D. or the 'One an<J over Cam\ we to this day". was removing the stones in the face of the enemy. 310. as was the custom among the other northern m •111 ^ r> • .°®* ' in These two last passages seem to show that one use of a Cam was probably to protect the heads of fallen warriors. and they buried Cam Cinn Cirb. 17. however. like the Huns and them Sclavonians.INTRODUCTION.. b. It was Custom of the custom of the pagan Irish to cut off the head of those slain I'e'ids "of those slain '/v battle. vol.^" The by them brain Avas sometimes taken out and mixed with earth. the regarded as a sanctuary for the remains of the fallen warriors. it and the head of Cirh among the rest.f. to form a Taihhim or missive ball. n. tlie heads and tongues of the T. nord. I. or " Cro-derg". INT. were kept there. was called the Crueb derg. p. Bianiur Fostbrce^ra Saga. At the end of the when night approached. G7 Alt. warrior succeeded in cutting off his head before his enemies heads of could secure it. over him. EocliacV\ At the end of the third " after the fall of the battle day's fight. CCCXXXVll Cam Man's fight. 18.C. for. Iliiinskringla Ola fa Saga Triigvass. *82 Cam MS. second day's the Firbolgs the those i\&m. p.e. were routed beyond their lines of battle: each man of them carried with him. cut off the heads of their slain enemies and fastened to their stirrup leathers. Ilaralds 22. GO. and carry it off as a trophy of victory. because the tropliies of the heroes of Emania. 332. 22* . See Book of Leinsier. H.

CCCXXXVni The Cam. 81. p. Eight [nine] heads in I behold. A upon it. we are told that " he then put on his Dlallait Oenaig. so that the people could not look . white brooch of well-fitting. bordered. Medb. inlaid with burnisheij gold. with shield. was on his fair white bosom [it was] bright. I see that to him our women show forth Their countenances over the heroes of valour I see our maidens in admiration of him. and refers to the curious distortion and outswelling of Cuchulaind by which he became a great gigantic form. or assembly cloak". trophies. the companies [i. among several other customs of the ancient Irish. There There shall be niouining around Lisses: shall be imbecility in houses. It was then the [young] women of Connaught were raised above . there was no doubt a religions prejudice against disturbing a grave. A with a Coicroth of gold and a rim of Findruinne upon him. covered him down to the top of his brownish red Berbrocc. A Cliabh Inar. [were] in his chariot. bravesV^s name given to Cuchulaind by the people of Connaught. covered her face. of champion's brown red kingly silk. which illustrates. h. goldhilted long sword. a Carn^ or otlier sepulcliral mounment. He wore two coverings on that day. or apron. INTRODUCTION.*** 685 u There is a passage in the fragment of the Tain Bo Chuailgne in the Lehor na h-Uidhri. A A and inlaid with gold. Not In the I well shall they fight the battle field with the Noenenach behold the form of valour — hand. : They do not come 586 T&in 1)6 to vindicate the fallen 1. namely. through fear of Cuchulaind. wUli trappings of red gold in full array of combat upon his girdle. It was on that occasion Dubthach Duel Vladh said : " If he be the Riastariha. and did not attempt to look at his features. Chuailgne. Lehor na rdastartha was a . briyht silver. Corpses of men shall be of him. and ten heads in the other hand. or concavity of a great shield. but concealed herself under the Dam Dabach. once made.Uidhri.e. and also a woundful Facja of battle. five folding Fimn. on the shields and shoulders of the men] and the wives of the men repaired thither to behold the form of Cuchdaind. the practice of cutting off the heads of the slain warriors as When Cttchidaind went out to boast before Medb and trophies of victory. owing to its splendour and brilliancy. These were Cuchidaind's night rivets of gold. or jerkin of silken cloth. like a flashing luminous lamp. her women. a beautiful. bright crimson. It signifies the gigantic distoiteU. [fitting close] to liiti tkin. col. however. There shall be pillar stones in Lechts: There shall be a carnage of royal beeves. heads [held out in the other hand] in rapid succession. He carried nine heads in one of his hands. and he used to shake them out defiantly towards the hosts. his outstretched Ten cut off in their cloth-shrouds. long green edged Gai.

accompanied by one hundred warriors. r o 'buriod witll •/ ' Carn Eochach was looked upon as one of the wonders of the world. admirers. and is probably connected with Nanna. taken also from the account of the Battle of Magh Tuired.. In all thenect«'i Yitu the Ftroolyt extracts which I have quoted on this subject. p. or the dead man's jLec/i^. us that king Eocliad. the it. 2. =88 ii.'^«» The custom *^' waniors of buryinof a dead warrior standinsr o upritrht. Anglo-Snxon Nogc. New High German iliese. are " on the western end of the called further on strand".IXTRODUCTIO:!f CCCXXXIX stones snbto ». and killed on the strand of Eochail. II. the Cam was 'I Cam. v. Vellum MS. The Cam •^ _ _ In the following passage. invariably erected by iho Fcrholgs. the tale At the end of the fourth day. the wife Of Baldr.i'ie'i Althoiii^li. p. App. Gotliic Nanho Old High German Nandd. Noenenack was one of the names of the goddess of war. p.. to this day". Perhaps this custom did not apply to the is generally mentioned in Irish tales in connection The cam c always cimwith the Firholqs and other Hiberno-British races. have been that of one of the United Irishmen executed there in 1798. Of.. having been rebuked once for not adding a stone to a considerable heap which covered a whenever they passed by grave on the wayside. as described in the " Fight of Ferdiad" in the Tdin Bd Chnailgne (See vol. continued to do so. sion of questionable whether it always being raised. cording to the edition.Middle High German Rise. when a boy. 91. 449). 250. The tell The tale proceeds to sons of Nemid also fell in the fight. or the gravestones of the sons of Nemid'". the Cam of the Firbolgs tells is directly contrasted with the Liac. the size of a Cam indicated the number of those slain in the battle or flight which was the occa• Cams. a stone of upon the dead man's grave" was "putting practice of and still a living custom. ii. Book of p. 17. Such an fhir mhairhh. 17G).^*'' And we are told that " Leaca mic Neimhid. vol. See also O'Fhiherty's Oyygia (llely's Balli/mote. In this case the heap of stones was more properly a Leacht than a graves are usually called in Irish Leacht true Cam. and followers of the slain to add a stone to such piles its it is I remember. hc- ' etc. Old Norse Am. having left the field in search of water. was pursued by the sons of Nemid. said to. 22* B . when first made. which is Carn Eochach. as it was the custom for the relatives. vol. us that " his men raised a Carn over Eocliad. and Transactions of Ossianic Society. or Eochad's Carn. or headstone of the Fomorians. a giant.

and arms. for valour. following passage also aUudes to the custom of burying the arms of a warrior with himself " Cam Feradach. He [the druid] stood over the body of Mogh Neid. or on horseback. The Fert of Mogha is on Magh Tualaing. a . . and to make up Cams of earth and stone over them in a circular form all round and to bury their arms with them. with his sword". 589 "Another mode of burial which they had in Eriu in the time of the pagans was to bury the dead standing. made a capacious yellow-sodded Fertior Mogh Neid on the plain. 240. to request time for counsel from Conn. according to a statement of Dr. so far as I . been discovered in Ireland. or mighty over the nobles of Mumha (Mnnster) upon that plain . was supported in an erect position.. by reached ConrCs camp. however. AVith his lances at his shoulders. etc. With With The his coat of mail. The son of : good according to rule. He killed Feradach after that. the druid who made this Ranri". and this here is Feradadis Ftrt'\ —Book of Lecan. Op cit. he begged of the latter to allow him to raise a Fert for Mogh Neid. It was in this way many of the nobles of Eriu were buried in ancient times. renowned his helmet. know. by Dearg Damhsa. battle of Cam Feradaig. with all liis amonff j^ tlio omaments. a.CCCxl Warriors buried with their arms. I shall give. the corpse. Tuolaing. and moreover. which are under the Duma of the beautiful Cam. INTRODUCTION. He said that Corm's battalions were tuaJaing. perhaps. ... the druid. and the pyre built up about it. Before giving the stanza here referred to. armour. Mr. has been given to And Dearg Damhsa. and began to bewail the irresistible force that had been exerted against him. This method of cremation was practised in the Baltic provinces down to the beginning of the thirteenth century. and with " his armour . Moghad Neid. and it is from it. but the crema- tion of the corpse that is. way of a prea short passage from the Battle of Magh Leana : [After the death of Mogh Neid] Eogan sent Dearg Damhsa the druid back to Magh biuil. tom is a stanza in which no reference is.. p.b. was also practised ancient Irish. and he buried him in it with his arms and with that his clothes. Battle of Magh Lena. word the name Magh Tualaing. as may be read in the battle of Magh . fol. When the druid face to it. and he made the following : lay. not. What he refers to was mode of burial. until his death. Feradach was killed in the Rocuirp .'*^ No example of such a grave has.. instead of being laid on the pyre. or the Plain of Might. 745. O'Looney's MS. he brandished his arms. The only authority which he gives for this cusKeating. made to the upright position of the corpse. Conn granted that permission.

. *^* p.INTRODUCTION. a. have been pre-Christian. a Lia over a Lecht. whether the Ogamic inscription was cut upon the Liiacc or headstone. or on a twig. perhaps. and consequently the custom may. fol. good in battle. CCCxli When the burial of the dead succeeded cremation. to . The son of the King of Eriu died there. . ^"2 Class H. Tain Bd Chuailgiie ia Lebor na h-Uidhri. 1. body Fergus brings by of our oldest ^ tales. Lia placed over a Leacht a position in which many inscribed there is. mention of an Oqam in connection with a i>ut times cut on s'<"ie. 2.. — . that subject not having been at all treated of by Professor O'Curry in his Lectures. but of poems ascribed to liim.a. not merely a tradition of the existence of such a bard."''^' ^^° ^^' Lebor Brecc. they wrote his name in Ogam. tliey planted his Lia. Although it is not my intention to discuss the subject of inscriptions in this Introduction. .. as we find for it. which was twisted round the Ogamsgmestone. Cairpri hurled a fierce cast From off the back of his horse. Tliis and consequently possesses much additional interest. stones are found — which looks me poem as is an example of a ascribed to Oisin. the dead. the The iZor/mK cioth. that *• _ _ Cuchulaind. '^ pagan times. 18 ia the Library of Trinity College. 1 cannot help saying a few words on the use of such inscriptions Ogamic in connection with monuments of . In a place whitlier men went to fight. somehowever. deceased the writing ° of the name of the deceased person in of in Oqam essential the burial an rite. /^ rally cut in *• . lapidary Ogamic inscription. r.. In the vellum manuscript known as the Book of Leinster. Thus formed when part ogamy&vtof " burial rite. or head-stone. col. _ writing We find in several name a of _ the. in a Lia. Anguish keen To Oscur — it it quickly brought kdled his right hand. Dublin. and they made his Guha:^^ It does not appear from this passage. of in the slain combat back Etercomol. An Ogam Killed on a white steed by a sharp spear. which is sometimes denied. as it affords us unquestionable evidence that there was in the twelfth century. 69. as "Ofi '" another place in the Tain Bo Cliuailqne. we are told that they dug his grave or Fert. .^^^ is stated m --- 1 • /-T-/. 17. corpse seems to have been wrapt in a ^'ravo cloth...^'-*" This name does not seem the special name Rochull to have been borrowed from the Latin.

b. was in the battle the right side of a gray steed. r> there can be tions on stones doubt that the cutting ol Ogam mscnpBut such a conclusion is not innot older. On It was 1 that killed them with my hand. timcs. . the barbaric t the that Venantius ortuuatus. Ogamic writing seems. Great the ardour of the youth Who received their death in that battle. H. the Fair of 543. not one has yet been discovered in Ulster. Around which the heavy hosts have fallen. ii. From the fragment of the Battle of Gabra. 18. . We . from the ancient tales. the roe and the stag.^. . of the or the period ^ little is occupation • ol Britain. in MS. peoples. ^ that is.-I ' Oscur hurled a mighty cast With fierce anger at him. If the battle-fighting Find had lived.. fol. recitation of Fenian tales of Find" formed an p.. ^ ^ inscriptions . ^1 Ireland belong either to christian 'built forts and houses '-' m . Long would the Ogu7n be remembered. And he killed Cairpri Ua Cuind Before they gave way iri the conflict of battle. According the '' 2. have the distinct testimony on wood. exist between already pointed out the connection which seems to If all the stonestono buildinscs and (9oam-inscribed stones. to the poem on Vol. . _ • . Soon after they had [first] taken their arms. • . as to have belonge d and Leinster as to Munster. .CCCxlii INTRODUCTION. I have much to Ulster Ggams cnt on stone. App. untiring entertainment of that assembly". was wont to kill the bear in the wild wood. and so far as I know. 109. probahly not older than Ihe Roman occupation of Britain. I used to handle the Corbach with skill When my I courage was high . and yet very few Ogam-inscribed stones have been found in Leinster. And to catch birds. That Oyam which is in the stone. Carman contained *' in the same MS. I killed twice fifty heroes . /-i consistent with a very high antiquity of the practice of incising Old Germans cut their ~ Ogamic runesonrodsof ortaWetsof ash. a. More numerous were their dead than their I too living. if pagan. Roman . >.

the constant reference to Ogaraic writing in our oldest tales is certainly favourable to the opinion that it was known in pagan times. Fergus made a friendly excursion into Ulster. tic. . let us pounce upon them. . cryptic writing in Ireland in early times but the use of an alphabet for such a purpose implies a knowledge of ordinary Without more evidence than has yet been adduced. after that. ^^^ The following passages show the practice of cutting Ogams on sticks.18 et seq. probable tliat the Germans and Scandinavians did not cut runes on stone until they had become acquainted with Roman were first But whether Ogams and Runes lapidary monuments. Chuailgne in Lebor na h-Uidhri. I am not.. CCCxllii tablets of ash. 1 must go to meet Fedelm Nuacruthach (i. . col.INTRODUCTION. vixgula plana facit".. and over Shruthru. viii. Sualtan. to meet her handmaid. one can understand the use of cryptic writing in religious rites or in incantations. DiiUe feda mentioned in the poem on tlie Fair of Carman were probably tablets like those referred to by Venautius Fortunatus. "They [i. They were all in their debility. or on some of the upright stones forming the chambers sometimes called Ferts. . There seems someogamic inscriptions. and he wrote and this is what it contained when it was seen 'he who Tdm Bo pti^ses this shall meet with his fate from a hero of one chariot' ". Afier having made a muster-march of the host over Grellacli.e. The and their use Said for giving notice to an advancing enemy : Ailill: "Let us leave off this for the present. 2. On the other hand. cut on stone or wood. on the arrival of the scouts from Fergus.e. p.... Cuchulaind and his father went. 63.. and chase them off Ulad. cut their Runes on indeed. or that the names inscribed on pillar stones. tliey reached J/((^/t Cuchulaind cut an oak before him there. except Cuchulaind and liis father. Mucceda an Ogam on its side. Some persons are of opinion that the Ogam was a kind of cryptic writing used by a people acquainted with the Latin tongue. 1 have the cour^ige of hosts to-night. : . Medb and the Connacians] then marched until they rested in Granairud [the present Granard] of northern Taffia. until they settled in Irard Cui/land. i. are writing. 595 694 "Barbara fraxineis pingatur runa tabellis agit.e. said Cuchulaind to his father. . and perhaps with the Scandinavian Runes.^'* It is Germanic nations. yet prepared to admit that all the Ogam inscriptions incised on stones which have been found. however. waiting on the watch for the [advancinji] host. Quodque papyrus Carm. cryptic. p to be some reason for believmcj in the existence of a method of maybecryp- „. are other than the ordinary names of the indivi- tut aii are duals commemorated.

CCCxliv INTEODUCTJON. or has come here? many ? Will do evil to the host it by ? Druid as to the cause of that.cient Irish and the Scandinavians and the North Germans. 1 points to a common origin of the Irish Ogam and the Scan- dinavian Runes. . And Fergus spoke this lay which follows " An Id here. there an Ogam in its side. wherefore stay ye here? Said Fergus. The Id was put into the hand of Fergus Mac Roich. . Said Medb. . and it was his steeds that grazed this He {)lain. It is one man with iiis one hand that wrought it. " Having marched over several places. Though the I wonder hosts of the king are not under his sway. They came into the place where Cuclndamd was . What number one. of this class are probably posterior to the occupation of Britain by the Romans. Cuchidaind's two horses had licked down to the earth. He then made an Id Ercomal be. they saw the ground bare where Sualtmi's horses had eaten off the grass. and he twisted it around the p. _. ascertain is who the man who gave it : into the hand of the Druid. what does it reveal to us ? The Is it it Id. and let my friend Fergus be questioned [as to who he is.] Said Fergus. when [« e. so that the ground was white. fore coming. 57. and he wrote an Ogam on head of the pillar stone" — its side. and in one rod it is .e. we possess are those inscribed j. though long is it its secret. T /^ Norse TjMjies. after the grass [had been eaten down until the hosts came up. Irish did Ogam . who was she \_i. and the strings of their musical performers were strung. and this is what is in it come not beyond until you : cut this with one hand. true it is Cuchuiaind that did it. Who is full of enmity to heroes.^ may show Latin. and he read the Ogam which was in the Id. 1. fierce in conflict. stripped] the ground off]. Wherefore was the Id left ? If they shall pass Inquire. we can understand how it may be probable that the writers were ac- on stoncs. if they will withstand the test . O ! A consummate warlike champion. and monuments The the The close connection which I have quainted Avith Latin. tliis Introduction to exist between the ansliowu througliOut ^ fiom the . It is a royal hero. without any necessity of assuming direct borrowing in mediaeval times on either side. They then sat is she arrived. because of that^W.. col. Why ogamie As the onlv inscriptiiins Ogam jo as all inscriptions i. the handmaid] had gone for awaiting Cuchuiaind in concealment to entrap him into danger) lier.

the Ogam in the it. and therefore.e. The Ogam tracts. and he placed them on charioteers. even of kings. there were generally two doors. the four points of the pronged pole. one man that cut the Gabal with his one hand and you shall not pass it until a man of your . or locked up in a house. and he stuck it down in the middle of the stream so that no chariot could pass it to the right or to the He killed Err and Inell. The whole host : be — . in Principal which the family and household lived and slept. and to which h"i but one room n when the house was of an oblong form. ii. And hence the name Ath n-Gabla (i. 1. 2. Until rou send from yourselves alone One man like the man who wrote it. 596 gpg fyp example the " Sick Bed of Cuchulainn". at BbJoch Caelli). the man who wrote the Ognm in it will meet you.INTRODUCTION. the master of Cuchulaiud. and a name in Ogam written in its side. They are of our people and of our followers. came there instantly.^^® In some of the large If 1 . p. people (exclusive of Fergus) draws it with his one hand " — Tain Bo Chuailgne. so that you would think there was a battle awaiting them in the ford. "Said Fergus to them If you face the Id. Lebor na h-Uidliri. were very simple. and German houses.ly be read by Fergus. said A Hill. had but one room. and he will slay numbers of you before morning unless one of you send an Id like it" p. CCCxlv INTERIOR ARRANGEMENTS AND FURNITURE OF ANCIENT IRISH HOUSES. the two [j-ecte four] left. " The steeds of those four men came forward to the hosts with their coverings blood-red upon them. 57. we may gather from tlie account of Id was therefore naturally and could or. Are those heads belonging to our people ? said Medb. He cut the heads off the four of them. possessed of the key. vol. mentioned in the first of the foregoing exnmst have been written in the ordinary language. 104. which faced east and west. i. col. we may presume. Atlantis. Foich and Fochluinn. or if you pass it over. as it . whether round or oblong. party went from them to see the ford they saw nothing there but the track of the one chariot. or at least in one generally understood. 58. whether it in the hand of a person. col. and continued to view them he cut a forked pole there with one blow of his sword. cut on the oak twig. " Cuclmlaind then went around the host. more by Cnogha on the north. A . and the pronged pole with the four heads upon it. as otherwise it Avould have been an unmeaning puzzle to the enemy. I know not more than that The Id does not belong to the stone". p. A man of