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are seen divided into families or septs； the hereditary
law…advisers of some princely or powerful house。 Hugh McEgan； who
wrote the note 'in his own father's book' which I read in the
last Lecture； was one of the hereditary Brehons attached to the
McCarthys。 But； in the earliest Irish traditions； the functions
of the Brehon and the King run very much into one another。 The
most ancient Brehons are described as of royal blood； sometimes
as king's sons。 The Tanaists of the great Irish Chiefs； the
successors elected out of the kindred of each Chief to come after
him on his death； are said to have occasionally officiated as
judges； and one of the law…tracts； still unpublished； contains
the express rule that it is lawful for a king； though himself a
judge； to have a judge in his place。 Cormac MacAirt； one of the
traditional authors of the Book of Aicill； was a King in
retirement。 Apocryphal as his story may be； it is one of much
significance to the student of ancient institutions。 He had been
accidently blinded of one eye；and is said to have been deposed
from his regal office or chieftiancy on account of the blemish。
Coirpri； his son and successor （says the Book of Aicill）； 'in
every difficult case of judgment that came to him used to go and
ask his father about it； and his father used to say to him； 〃My
son； that thou mayest know〃' and then proceeded to lay down
the law。
If； without committing ourselves to any specific theory
concerning the exact extent of the correspondence； we can assume
that there was substantial identity between the literary class
which produced the law…tracts and the literary order attributed
to the Celtic races by Caesar； we not only do something to
establish an historical conclusion perhaps more curious than
important； but we remove some serious difficulties in the
interpretation of the interesting and instructive body of archaic
law now before us。 The difference between the Druids and their
successors； the Brehons； would in that case be mainly this： the
Brehons would be no longer priests。 All sacerdotal or religious
authority must have passed； on the conversion of the Irish Celts；
to the 'tribes of the saints' to the missionary monastic
societies founded at all points of the island and to that
multitude of bishops dependent on them； whom it is so difficult
to reconcile with any of our preconceived ideas as to ancient
ecclesiastical organisation。 The consequence would be that the
religious sanctions of the ancient laws； the supernatural
penalties threatened on their violation； would disappear； except
so far as the legal rules exactly coincided with the rules of the
new Christian code； the 'law of the letter。' Now； the want of a
sanction is occasionally one of the great difficulties in
understanding the Brehon law。 Suppose a man disobeyed the rule or
resisted its application； what would happen？ The learned writer
of one of the modern prefaces prefixed to the Third Volume of the
Ancient Laws contents that the administration of the Brehon
system consisted in references to arbitration； and I certainly
think myself that； so far as the system is known； it points to
that conclusion。 The one object of the Brehons was to force
disputants to refer their quarrels to a Brehon； or to some person
in authority advised by a Brehon； and thus a vast deal of the law
tends to run into the Law of Distress； which declares the various
methods by which a man can be compelled through seizure of his
property to consent to an arbitration。 But then one cannot help
perpetually feeling that the compulsion is weak as compared with
the stringency of the process of modern Courts of Justice； and
besides that； why should not the man attempted to be distrained
upon constantly resist with success？ Doubtless the law provides
penalties for resistance； but where is the ultimate sanction？
Caesar supplies an answer； which must； I think； contain a portion
of the truth。 He says that if a Celt of Gaul refused to abide by
a Druid judgment he was excommunicated： which was esteemed the
heaviest of penalties。 Another example which I can give you of
the want or weakness of the sanction in the Brehon law is a very
remarkable one； and I shall recur to it hereafter。 If you have a
legal claim against a man of a certain rank and you are desirous
of compelling him to discharge it； the Senchus Mor tells you to
'fast upon him。' 'Notice'； it says； 'precedes distress in the
case of the inferior grades； except it be by persons of
distinction or upon persons of distinction； fasting precedes
distress in their case' （'Ancient Laws of Ireland；' vol。 i； p。
113）。 The institution is unquestionably identical with one widely
diffused throughout the East； which is called by the Hindoos
'sitting dharna'。 It consists in sitting at your debtor's door
and starving yourself till he pays。 From the English point of
view the practice has always been considered barbarous and
immoral； and the Indian Penal Code expressly forbids it。 It
suggests； however； the question what would follow if the
creditor simply allowed the debtor to starve？ Undoubtedly the
Hindoo supposes that some supernatural penalty would follow；
indeed； he generally gives definiteness to it by retaining a
Brahmin to starve himself vicariously； and no Hindoo doubts what
would come of causing a Brahmin's death。 We cannot but suppose
that the Brehon rule of fasting was once thought to have been
enforced in some similar way。 Caesar states that the Druids
believed in the immortality and transmigration of the soul； and
considered it the key of their system。 A Druid may thus very well
have taught that penal consequences in another world would follow
the creditor's death by starvation； and there is perhaps a pale
reflection of this doctrine in the language of the Senchus Mor：
'He who does not give a pledge to fasting is an evader of all； he
who disregards all things shall not be paid by God or man。' But
an Irish Brehon could scarcely make any distinct assertion on the
subject； since fasting