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liabilities of the several partners； but the whole of the
property of each partner was brought into the common stock and
was enjoyed as a common fund。 No such arrangement as this is
known in the modern world as the result of ordinary agreement；
though in some countries it may be the effect of marriage。 It
appears to me that we are carried back to the joint brotherhoods
of primitive society； and that their development must have given
rise to the contract before us。 Let us turn again to the contract
of Mandatum or Agency。 The only complete representation of one
man by another which the Roman law allowed was the representation
of the Paterfamilias by the son or slave under his power。 The
representation of the Principal by the Agent is much more
incomplete； and it seems to me probable that we have in it a
shadow of that thorough coalescence between two individuals which
was only possible anciently when they belonged to the same
family。
The institutions which I have taken as my examples are
institutions of indigenous growth； developed probably more or
less within all ancient societies by the expansion of the notion
of kinship。 But it sometimes happens that a wholly foreign
institution is introduced from without into a society based upon
assumed consanguinity； and then it is most instructive to observe
how closely； in such a case； material which antecedently we
should think likely to oppose the most stubborn resistance to the
infiltration of tribal ideas assimilates itself nevertheless to
the model of a Family or Tribe。 You may be aware that the ancient
Irish Church has long been a puzzle to ecclesiastical historians。
There are difficulties suggested by it on which I do not pretend
to throw any new light； nor； indeed； could they conveniently be
considered here。 Among perplexities of this class are the
extraordinary multiplication of bishops and their dependence；
apparently an almost servile dependence； on the religious houses
to which they were attached。 But the relation of the various
ecclesiastical bodies to one another was undoubtedly of the
nature of tribal relation。 The Brehon law seems to me fully to
confirm the account of the matter given； from the purely
ecclesiastical literature； by Dr Todd； in the Introduction to his
Life of St Patrick。 One of the great Irish or Scotic
Missionaries； who afterwards nearly invariably reappears as a
Saint； obtains a grant of lands from some chieftain or tribe in
Ireland or Celtic Britain； and founds a monastery there； or it
may be that the founder of the religious house is already himself
the chieftain of a tribe。 The House becomes the parent of others；
which again may in their turn throw out minor religious
establishments； at once monastic and missionary。 The words
signifying 'family' or 'tribe' and 'kinship' are applied to all
the religious bodies created by this process。 Each monastic
house； with its monks and bishops； constitutes a 'family' or
'tribe；' and its secular or servile dependants appear to be
sometimes included under the name。 The same appellation is given
to the collective assemblage of religious houses formed by the
parent monastery and the various churches or monastic bodies
sprung from it。 These make up together the 'tribe of the saint；'
but this last expression is not exclusively employed with this
particular meaning。 The abbot of the parent house and all the
abbots of the minor houses are the 'comharbas' or co…heirs of the
saint； and in yet another sense the 'family' or 'tribe' of the
saint means his actual tribesmen or blood…relatives。 Iona； or Hy；
was； as you know； the famous religious house founded by St
Columba near the coast of the newer Scotia。 'The Abbot of Hy'；
says Dr Todd； 'or Co…arb of Columba； was the common head of
Durrow； Kells； Swords； Drumcliff； and other houses in Ireland
founded by Columba； as well as of the parent monastery of Hy； and
the 〃family of Colum…kille〃 was composed of the congregations or
inmates and dependants of all those monasteries。 The families；
therefore； of such monasteries as Clomacnois or Durrow might
muster a very respectable body of fighting men。' Let me add； that
there is very good evidence that these 'families of the saints'
were occasionally engaged in sanguinary little wars。 But； 'in
general' （I now quote again from Dr Todd）； 'the 〃family〃 meant
only the monks or religious of the house。'
It will be obvious to you that this application of the same
name to all these complicated sets of relations is every now and
then extremely perplexing； but the key to the difficulty is the
conception of the kindred branching off in successive generations
from the common stock； planting themselves occasionally at a
distance； but never altogether breaking the bond which connected
them with their original family and chief。 Nothing； let me
observe； can be more curious than the way in which； throughout
these artificial structures； the original natural principle upon
which they were modelled struggles to assert itself at the
expense of the imitative system。 In all the more modern guilds；
membership always tended to become hereditary； and here we have
the Brehon law striving to secure a preference； in elections to
the Abbacy； to the actual blood…relatives of the sainted founder。
The ecclesiastical rule； we know； required election by the monks；
but the Corus Bescna declares that； on a vacancy； the 'family of
the saint' （which here means the founder's sept）； if there be a
qualified monk among them； ought to be preferred in elections to
the Abbacy 'though there be but a psalm…singer of them； if he
be fit； he shall have it。' And it proceeds to say that； if no
relative or tribesman of the saint be qualified； the Abbacy shall
go to some member of the tribe which originally granted the land。
A very modern example of this plasticity of the notion of
kinship has recently been brought to my notice。 The co…villagers
of an Indian village call themselves brothers； although； as I
have frequently observed； the composition of the community is
often artificial and its origin very miscellaneous。 The
appellation； at the same time； is distinctly more than a mere
word。 Now； some of the Christian missionaries have recently tried
an experiment which promises to have much success； and have
planted in villages converts collected from all sorts of
different regions。 Yet these persons； as I am informed； fall into
a 'brotherhood' quite as easily and talk the language and assume
the habits appropriate to it quite as naturally as if they and
their forefathers had been members from time immemorial of this
peculiarly Indian association； the village…community。
There is； however； another set of phenomena which belong to
the same class； but