CHAPTER VII. FOOTNOTES.
[275.] Inquisitiones Cancellariæ Hiberniæ, ii. xxx. iii.
[276.] Proceedings of the Royal Irish Academy, vii. p. xiv., p. 474. Paper by the Rev. W. Reeves, D.D.
[277.] Inquisitiones Cancellariæ Hiberniæ, ii. p. xxi.
[278.] Calendar of State Papers, Ireland, 1606–8, p. 170.
[279.] Appended to Sir John Davies' Discovery of Ireland, in some of the early editions.
[280.] Compare the words of Tacitus, 'Agri pro numero cultorum ab universis vicis occupantur, quos mox inter se secundum dignationem partiuntur. Germania, xxvi.
[281.] In Monaghan Sir J. Davies had found tates with 60 acres each. Here there were only 30 acres in a tate, so he kept to his old rule, and took 2 tates as his lowest unit.
[282.] This may be found also in Ancient Laws of Ireland, iii. Preface, xxxv. 6.
[283.] Calendar of State Papers, Ireland, 1603–6, p. 554; and 1606–8, p. 492.
[284.] The evidence by which he was gradually informed may be traced in detail in the above-mentioned Calendars.
[285.] Sir John Davies' Discovery of Ireland, 1612, pp. 167 et seq.
[286.] Manners and Customs of the Ancient Irish, E. O'Curry. Dr. Sullivan's Introduction, p. xcvi. See also Skene's Celtic Scotland, iii. 154.
[287.] Skene, iii. 155. Sullivan, p. xcii.
[288.] Skene, iii. 158, quoting a tract published in the appendix to Tribes and Customs of Hy Fiachraich, p. 453.
[289.] Id. p. 160, quoting the Tribes and Customs of Hy Many.
[290.] Calendars of State Papers, Ireland, 1606–8, pp. 491–2.
[291.] Skene's Celtic Scotland, iii. c. vi.
[292.] In a poem of the sixteenth century (1507–22), in Manks, given in Train's Isle of Man, i. p. 50, occur the lines—
'Ayns dagh treen Balley ren eh unnane
D'an sleih shen ayn dy heet dy ghuee,'
alluding to St. Germain; translated thus by Mr. Train:—
'For each four quarterlands he made a chapel
For people of them to meet in prayer.'
For the 'quarterlands' see Statute of the Tinwald Court, 1645. Also Feltham's Tour, Manx Society, p. 41, &c.
[293.] That in many cases the quarters had become townlands as early as the year 1683, see Tribes and Customs of Hy Many, Introd. p. 454. See also Dr. Reeve's paper 'On the Townland Distribution of Ireland,' Proceedings of the Royal Irish Academy, 1861, vol. vii. p. 483.
[294.] Many thousands of these circular enclosures are marked on the Ordnance Map of Ireland.
[295.] Calendars of State Papers, Ireland. 1607, p. 170.
[296.] Taken from Shirley's Hist. of Monaghan, part iv. pp. 480–482.
[297.] 'Neither did any of them in all this time plant any gardens or orchards, enclose or improve their lands, live together in settled villages or towns.'—Discovery of Ireland, p. 170. Compare this with the description of the Germans by Tacitus. It was, as Sir John Davies remarks, a condition of things 'to be imputed to those [tribal] customs which made their estates so uncertain and transitory in their possessions' (id.).
[298.] Early History of Institutions, p. 113.
[299.] Skene's Celtic Scotland, iii. p. 381.
[300.] As to joint-tenancy between co-heirs, see tract called 'Judgments of Co-tenancy.' Brehon Laws, iv. pp. 69 et seq.
[301.] See the tract 'Crith Gablach.' Brehon Laws, iv. pp. 300 et seq. One grade has 'a fourth part of a ploughing apparatus, i.e. an ox, a plough-straw, a goad, and a bridle' (p. 307); another 'half the means of ploughing' (p. 309); another 'a perfect plough' (p. 311); and so on. And the size of their respective houses and the amount of their food-rent is graduated also according to their rank in the tribal hierarchy. There is a reference to 'tillage in common' in the 'Senchus Mor.' Brehon Laws, iii. p. 17.
[302.] The following appeared in the Athenæum, March 3, 1883, under the signature of Mr. G. L. Gomme:—'The 312 acres in possession of the Corporation of Kells (co. Meath) are divided into six fields, and thus used. The fields are broken up in rotation one at a time, and tilled during four years. Before the field is broken the members of the Corporation repair to it with a surveyor, and it is marked out into equal lots, according to the existing number of resident members of the body. Each resident freeman gets one lot, each portreeve and burgess two lots, and the deputy sovereign five lots. A portion of the field, generally five or six acres, is set apart for letting, and the rent obtained for it is applied to pay the tithes and taxes of the entire. The members hold their lots in severalty for four years and cultivate them as they please, and at the expiration of the fourth year the field is laid down with grass and a new one is broken, when a similar process of partition takes place. The other five fields are in the interim in pasture, and the right of depasturing them is enjoyed by the members of the Corporation in the same proportion as they hold the arable land; that is to say, the deputy sovereign grasses five heads of cattle (called "bolls") for every two grazed by the portreeves and burgesses, and for every one grazed by the freemen; with this modification, however, that the widow of a burgess enjoys a right of grazing to the same extent as a freeman, and the widow of a freeman to half that extent. The widows do not obtain any portions of the field in tillage. I should note that the first charter of incorporation to Kells dates from Richard I.'
[303.] Celtic Scotland, iii. c. x. See also 'Account of Improvements on the Estate of Sutherland.' By James Loch. London, 1826.
[304.] Ancient Laws, &c., of Wales, p. 165.
[305.] The Venedotian Code. Ancient Laws, &c., p. 86.
[306.] See the last clause in the 'Statuta de Rothelan.' Record of Carnarvon, pp. 128–9, and Ancient Laws, p. 872.
[307.] The pound of 12 ounces of 20 pence used in codes of South Wales seems to have been the pound used in Gaul in Roman times. 'Juxta Gallos vigesima pars unciæ denarius est et duodecim denarii solidum reddunt . . . duodecim unciæ libram xx. solidos continentem efficiunt. Sed veteres solidum qui nunc aureus dicitur nuncupabunt.' De mensuris excerpta. Gromatici Veteres. Lachmann, i. pp. 373–4.
[308.] Ancient Laws, &c., p. 781.
[309.] This presents a curious analogy to the method followed by 'adoptive' Roman emperors.
[310.] See the surveys in the Record of Carnarvon, and compare the Statute of Rothelan.
[311.] See the surveys in the Record of Carnarvon. The tunc pound in some districts of Wales is still collected for the Prince of Wales. Id. Introduction, p. xvii.
[312.] See Sir John Davies' Discovery, &c., the concluding paragraphs. And for further information on this point, see my articles in the Fortnightly Review, 1870, and the Nineteenth Century, January 1881, 'On the Irish Land Question.'
[313.] See the surveys in the Record of Carnarvon.
[314.] To make a royal house more pretentious the bark is peeled off, and it is called 'the White House.' See Ancient Laws, &c., pp. 164 and 303.
[315.] See Ancient Laws, &c., p. 142.—Hall of the chief. 40d. for each gavael supporting the roof, i.e. six kolonon, 80d. for roof. Hall of uchelwe or tribesman, 20d. each gavael supporting the roof, i.e. six colonen, 40d. the roof. House of aillt or taeog, 10/d. for each gavael supporting the roof, i.e. six kolovyn. P. 351.—Worth of winter house, 30d. the roof-tree, 30d. each forck supporting the roof-tree. P. 676.—Three indispensables of the summer bothy (bwd havodwr)—a roof-tree (nen bren), roof-supporting forks (nen fyrch), and wattling (bangor). See also p. 288.
[316.] Compare description of Irish houses in Dr. Sullivan's Introduction, cccxlv. et seq., with the Venedotian Code. Ancient Laws, &c., of Wales, p. 5, s. vi.—'Of Appropriate Places.' Compare also the curious resemblances in the structure of stone huts in the Scotch islands where trees could not be used, and especially the position of the beds in the walls or in the rough aisles.—Mitchell's Past in the Present, Lecture III. Compare Dr. Guest's description of the Celtic houses. Origines Celticæ, ii. 70–83.
[317.] Id.
[318.] Ancient Laws, &c., p. 3.
[319.] See Ancient Laws, &c., p. 142.
[320.] Compare Strabo's description of the Gallic houses, 'great houses, arched, constructed of planks and wicker and covered with a heavy thatched roof' (iv. c. iv. s. 3). Also for the early stake and wattle German houses, see Tacitus (Germania, xvi.), and the interesting section (Bk. i. s. 4) on the subject in Dr. Karl von Inama-Sternegg's Deutsche Wirthschaftsgeschichte. Leipzig, 1879.
[321.] See the Record of Carnarvon, Introduction, p. vii. Wele, Gwele, or Gwely in Welsh signifies a bed, and accordingly in these extents it is often called in Latin Lectus. See pp. 90, 95–99, 101.
[322.] See supra, and the lists given of the names of townlands and their meanings in Shirley's Hist. of Co. Monaghan, pp. 392–542.
[323.] Record of Carnarvon, passim.
[324.] See Dimetian Code, B. II., c. i. Ancient Laws, &c., pp. 197 et seq.
[325.] Id. p. 3.
[326.] Lib. v. c. 12.
[327.] C. 14.
[328.] C. 14.
[329.] Book iv. c. xx. and xxi.
[330.] Book iii. c. v. Mon. Brit. p. lxxvi., A.D. 358.
[331.] Mon. Brit. p. lxix.
[332.] Pliny (Monument. Hist. Brit., pp. viii. ix.): 'Alia est ratio, quam Britannia et Gallia invenere alendi eam (terram) ipsa: quod genus vocant "margam." . . . Omnis autem marga aratro injicienda est.'
Pugh's Welsh Dict., p. 328: 'Marl, earth deposited by water, a rich kind of clay (with many compounds).'
See Chron. Monas. Abingdon. II. xxx. P. 147, 'on tha lampyttes;' p. 402, 'on thone lampyt' ('lam,' loam, mud, clay.—Bosworth, p. 41 b). Pp. 150 and 404, 'on tha cealc seathas' (chalk-pits).
See Liber de Hyda, p. 88, 'caelcgrafan' (chalk-pits).
Compare Pliny (ubi supra) with Abingdon, ii. p. 294: 'Totam terram quæ nimis pessima et infructifera erat tam citra aquam quam ultra compositione terræ quæ vulgo "Marla" dicitur, ipse optimam et fructiferam fecit.' (Colne in Essex.)
[333.] In his Agricola, xii.
[334.] Agricola, xix.
[335.] Strabo, Bk. IV. c. v. s. 2.
[336.] Mon. Brit. Excerpta, ii.
[337.] Elton's Origins of English History, p. 32.
[338.] Siculus Flaccus, De Conditionibus Agrorum. Gromatici veteres. Lachmann. P. 152. The passage will be given in full hereafter.
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