The ‘hearths’ liable apparently to third cousins.

The nearest hearths or ‘fine who bear the crimes of each kinsman of their stock’ were, according to the Senchus Mor (i. p. 261):—

I think M. D’Arbois de Jubainville[66] is probably right in explaining these four hearths or fines to be groups or grades of kindred. He divides them thus:—

The geil fine {father;
son;
grandson;
brother.
derb fine {grandfather;
paternal uncle;
nephew;
first cousin.
iar fine {great-grandfather;
great-uncle;
great-nephew;
second cousin.
ind fine {great-great-grandfather;
great-great-uncle;
great-great-nephew;
third cousin.

Whether this interpretation of the Brehon scheme of the divisions of the Irish fine or kindred be correct in every detail I shall not venture to give an opinion, further than to say that, viewed in the light of other tribal systems, it seems to me to be nearer the mark than the various other attempts to make intelligible what after all are very obscure passages in the Brehon Laws. The seventeen persons making up the four divisions of the fine or kindred must be taken, I think, as representing classes of relations and not individuals; e.g. under the head ‘first cousin’ must be included all ‘first cousins,’ and so on throughout.

So understood, the four hearths or groups of kindred liable for the eric would include the sixteen grades nearest of kin to the criminal. He himself, or the chieftain, would form the seventeenth person on the list.

The tract ‘Of every Crime’ seems to confirm the view above taken. It states (iv. 241) that ‘for the crimes of every criminal’ he himself was first liable.

If he has absconded it goes upon his chattels; living chattels or dead chattels.

The four ‘fines’ or ‘hearths’ were groups of kinsmen in grades of relationship.