fter the
introduction of Christianity, it seems best to speak of it here, as,
though modified by the stricter Christian rule, it in the main depended
for such authority as it possessed upon traditions existing long before;
traditions regarded indeed by Celtic scholars as tracing their origin
beyond the arrival of the first Celt in Ireland, outcomes and survivals,
that is to say, of yet earlier Aryan rule, showing points of resemblance
with the equally Aryan laws of India, a matter of great interest,
carrying our thoughts back along the history of humanity to a time when
those differences which seem now the most inherent and vital were as yet
undreamt of, and not one of the great nations of the modern world were
as much as born.
The two chief books in which this law is contained, the "Book of Aicill"
and the "Senchus-Mor," have only comparatively recently been translated
and made available for English readers. The law as there laid down was
drawn up and administered by the Brehons, who were the judges and the
law-makers of the people, and whose decision was appealed to in all
matters of dispute. The most serious flaw of the system--a very serious
one it will be seen--was that, owing to the scattered and tribal
existence prevailing, there was no strong central rule _behind_ the
Brehon, as there is behind the modern judge, ready and able to enforce
his decrees. At bottom, force, it must not be forgotten, is the sanction
of all law, and there was no available force of any kind then, nor for
many a long day afterwards, in Ireland.
It was, no doubt, owing chiefly to this defective weakness that a system
of fines rather than punishments grew up, one which in later times
caused much scandal to English legal writers. In such a society crime in
fact was hardly recognizable except in the form of an injury inflicted
upon some person or persons. An offence against the State there could
not be, simply because there was no State to be offended. Everything,
from murder down to the smallest and most accidental injury, was
compensated for by "erics" or fines. The amount of these fines was
decided upon by the Brehon, who kept an extraordinary number of
imaginary rulings, descending into the most minute particulars, such as
what fine was to be paid in the case of one person's cat stealing milk
from another person's house, what fine in the case of one woman's bees
stinging another woman, a careful distinction being preserved in this
cas
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