The Four Masters thus record this important event:—"The age of Christ 438. The tenth year of Laeghairé. The Feinchus of Ireland were purified and written, the writings and old works of Ireland having been collected [and brought] to one place at the request of St. Patrick. Those were the nine supporting props by whom this was done: Laeghairé, i.e., King of Ireland, Corc, and Daire, the three kings; Patrick, Benen, and Cairneach, the three saints; Ross, Dubhthach, and Fearghus, the three antiquaries." Dr. O'Donovan, in his note, shelters himself under an extract from Petrie's Tara; but it is to be supposed that he coincides in the opinion of that gentleman. Dr. Petrie thinks that "little doubt can be entertained that such a work was compiled within a short period after the introduction of Christianity in the country, and that St. Patrick may have laid the foundations of it;"[[153]] though he gives no satisfactory reason why that saint should not have assisted at the compilation, and why the statements of our annalists should be refused on this subject, when they are accepted on others. A list of the "family" [household] of Patrick is given immediately after, which Dr. O'Donovan has taken great pains to verify, and with which he appears satisfied. If the one statement is true, why should the other be false? Mr. O'Curry, whose opinion on such subjects is admittedly worthy of the highest consideration, expresses himself strongly in favour of receiving the statements of our annalists, and thinks that both Dr. Petrie and Dr. Lanigan are mistaken in supposing that the compilation was not effected by those to whom it has been attributed. As to the antiquity of these laws, he observes that Cormac Mac Cullinan quotes passages from them in his Glossary, which was written not later than the ninth century, and then the language of the Seanchus[[154]] Mor was so ancient that it had become obsolete. To these laws, he well observes, the language of Moore, on the MSS. in the Royal Irish Academy, may be applied: "They were not written by a foolish people, nor for any foolish purpose;" and these were the "laws and institutions which regulated the political and social system of a people the most remarkable in Europe, from a period almost lost in the dark mazes of antiquity, down to about within two hundred years of our own time, and whose spirit and traditions influence the feelings and actions of the native Irish even to this day."[[155]]
But we can adduce further testimony. The able editor and translator of the Seanchus Mor, which forms so important a portion of our ancient code, has, in his admirable Preface, fully removed all doubt on this question. He shows the groundlessness of the objections (principally chronological) which had been made regarding those who are asserted to have been its compilers. He also makes it evident that it was a work in which St. Patrick should have been expected to engage: (1) because, being a Roman citizen, and one who had travelled much, he was probably well aware of the Christian modifications which had already been introduced into the Roman code. (2) That he was eminently a judicious missionary, and such a revision of national laws would obviously be no slight support to the advancement of national Christianity. It is also remarked, that St. Patrick may not necessarily have assisted personally in writing the MS.; his confirmation of what was compiled by others would be sufficient. St. Benignus, who is known to be the author of other works,[[156]] probably acted as his amanuensis.
The subject-matter of the portions of the Seanchus Mor which have been translated, is the law of distress. Two points are noticeable in this: First, the careful and accurate administration of justice which is indicated by the details of these legal enactments; second, the custom therein sanctioned of the creditor fasting upon the debtor, a custom which still exists in Hindostan. Hence, in some cases, the creditor fasts on the debtor until he is compelled to pay his debt, lest his creditor should die at the door; in other cases, the creditor not only fasts himself, but also compels his debtor to fast, by stopping his supplies. Elphinstone describes this as used even against princes, and especially by troops to procure payment of arrears.[[157]]
One of the most noticeable peculiarities of the Brehon law is the compensation for murder, called eric. This, however, was common to other nations. Its origin is ascribed to the Germans, but the institution was probably far more ancient. We find it forbidden[[158]] in the oldest code of laws in existence; and hence the eric must have been in being at an early period of the world's civil history.
The law of succession, called tanaisteacht, or tanistry, is one of the most peculiar of the Brehon laws. The eldest son succeeded the father to the exclusion of all collateral claimants, unless he was disqualified by deformity, imbecility, or crime. In after ages, by a compact between parents or mutual agreement, the succession was sometimes made alternate in two or more families. The eldest son, being recognized as presumptive heir, was denominated tanaiste, that is, minor or second; while the other sons, or persons eligible in case of failure, were termed righdhamhua, which literally means king-material, or king-makings. The tanaiste had a separate establishment and distinct privileges. The primitive intention was, that the "best man" should reign; but practically it ended in might being taken for right, and often for less important qualifications.
The possession and inheritance of landed property was regulated by the law called gavelkind (gavail-kinne), an ancient Celtic institution, but common to Britons, Anglo-Saxons, and others. By this law, inherited or other property was divided equally between the sons, to the exclusion of the daughters (unless, indeed, in default of heirs male, when females were permitted a life interest). The tanaiste, however, was allotted the dwelling-house and other privileges.
The tenure of land was a tribe or family right; and, indeed, the whole system of government and legislation was far more patriarchal than Teutonic—another indication of an eastern origin. All the members of a tribe or family had an equal right to their proportionate share of the land occupied by the whole. This system created a mutual independence and self-consciousness of personal right and importance, strongly at variance with the subjugation of the Germanic and Anglo-Norman vassal.
The compilation of the Brehon laws originated in a question that arose as to how the murderer of Odran, Patrick's charioteer, should be punished. The saint was allowed to select whatever Brehon he pleased to give judgment. He chose Dubhthach; and the result of his decision was the compilation of these laws, as it was at once seen that a purely pagan code would not suit Christian teaching.
The Celtic language is now admittedly one of the most ancient in existence. Its affinity with Sanscrit, the eldest daughter of the undiscoverable mother-tongue, has been amply proved,[[159]] and the study of the once utterly despised Irish promises to be one which will abundantly repay the philologist. It is to be regretted that we are indebted to German students for the verification of these statements; but the Germans are manifestly born philologists, and they have opportunities of leisure, and encouragement for the prosecution of such studies, denied to the poorer Celt. It is probable that Celtic will yet be found to have been one of the most important of the Indo-European tongues. Its influence on the formation of the Romance languages has yet to be studied in the light of our continually increasing knowledge of its more ancient forms; and perhaps the conjectures of Betham will, by the close of this century, receive as much respect as the once equally ridiculed history of Keating.
It is almost impossible to doubt that the Irish nation had letters and some form of writing before the arrival of St. Patrick. There are so many references to the existence of writings in the most ancient MSS., that it appears more rash to deny their statements than to accept them.