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law…tracts。 The extensive literature of law just disinterred
testifies to the authority of the Brehons in all legal matters；
and raises a strong presumption that they were universal referees
in disputes。 Among their writings are separate treatises on
inheritance and boundary； and almost every page of the
translations contains a reference to the 'eric'…fine for
homicide。 The schools of literature and law appear to have been
numerous in ancient Ireland； and O'Curry is able to give the
course of instruction in one of them extending over twelve years。
All literature； including even law； seems to have been identified
with poetry。 the chief Druid of Caesar meets us on the very
threshold of the Senchus Mor； in the person of Dubhthach Mac ua
Lugair； the royal poet of Erin； the Brehon who was chosen by St
Patrick to arbitrate in a question of homicide； and whose 'mouth'
the saint 'blessed'。 The mode of choosing the chief Druid； by
election； has its counterpart in the institution of Tanistry；
which within historical times determined the succession to all
high office in Ireland； and which was hateful to the English； as
affording smaller security for order than their own less archaic
form of primogeniture。 Nor is that all。 The Prefaces in Irish to
the tracts contain a number of discussions on subjects which are
in no way legal； or which are forced into some connection with
law by the most violent expedients。 They leave on the mind the
impression of being a patchwork of materials； probably of very
various antiquity； which happen to have been fond in the archives
of particular law…schools。 Now； the Preface to the Senchus Mor
actually contains disquisitions on all the matters about which
Caesar declares the Druids to have been specially fond of
arguing。 It in one place sets forth how God made the heaven and
the earth； but the account is not the least like the Mosaic
account。 It goes off； as Caesar's Druids did； into a number of
extraordinary statements； 'de sideribus atque eorum motu'； 'de
mundi ac terrarum magnitudine'。 Among other things； it declares
that God fixed seven divisions from the firmament to the earth；
and that the distance he measured from the moon to the sun was
244 miles。 'And the first form of the firmament was ordained
thus： as the shell is about the egg； so is the firmament round
the earth in fixed suspension。。。 there are six windows in each
part through the firmament to shed light through； so that there
are sixty…six windows in it； and a glass shutter for each window；
so that the whole firmament is a might sheet of crystal and a
protecting bulwark round the earth； with three heavens； and three
heavens about it； and the seventh was arrange in three heavens。
this last； however； is not the habitation of angels； but is like
a wheel revolving round； nd the firmament is thus revolting； and
also the seven planets； since the time when they were created'。
Parts of the passage reflect the astronomical notions known to
have been current in the Middle Ages； but much of it reads like a
fragment of a heathen cosmology； to which a later revision has
given a faint Christian colouring。 The same Preface contains also
some curious speculations on the etymology of law…terms； and the
Preface to the Book of Aicill enters； among other things； into
the question of the difference between genus and species。
I suggest； therefore； that the same tendencies which produced
among the Celts of the Continent the class called the Druids
produced among the Celts of Ireland the class known to us as the
Brehons； nor does it seem to me difficult to connect the results
of these tendencies with other known phenomena of ancient
society。 There is much reason to believe that the Tribe…Chief； or
King； whom the earliest Aryan records show us standing by the
side of the Popular Assembly； was priest and judge as well as
captain of the host。 The later Aryan history shows us this
blended authority distributing or 'differentiating' itself； and
passing either to the Assembly or to a new class of depositaries。
Among the Achaeans of Homer； the Chief has ceased to be priest；
but he is still judge； and his judicial sentences； Themiotes； or
'dooms'； however much they may be drawn in reality from
pre…exiting usage； are believed to be dictated to him from on
high。 Among the Celts both of Gaul and of Ireland he has ceased
to be priest； and also probably to be judge； although some
measure of judicial authority may still belong to his office as a
'survival'。 The order of change thus departs from that followed
in Athenian history； where the institution of kingship survived
only in the name of the King Archon； who was a judicial
functionary； and from that followed in Roman history； where the
Rex Sacrificulus was a hierophant or priest。 The Popular
Assembly； meanwhile； which virtually attracted to itself the
whole civil and criminal jurisdiction of the Kings among the
Athenians； and which at Rome engrossed the whole administration
of criminal justice through the commissions it appointed； seems
to lose all judicial authority among the Celts。 Perhaps I may be
permitted thus to describe the change I conceive to have taken
place among the Celts of Ireland。 Themis； who in Homer is the
assessor of Zeus and the source of judicial inspiration to kings；
has （so to speak） set up for herself。 Kings have delegated their
authority to a merely human assessor； and we see by the story
which begins the Senchus Mor that； even when a Saint is supposed
to be present； the inspiration of which he is the source does not
find expression through his lips； nor does it descend on the
King； it descends on the professional judge。 When we obtain our
last glimpse of the class which has received this inheritance
from Chief or King the Brehons； Judges； or Authors of
Judgments they have sunk to the lowest depth of misery and
degradation through the English conquest。 At an earlier date they
are seen divided into families or septs； the hereditary
law…advisers of some princely or powerful house。 H