e between the case in which the sting did or did not draw blood! Even
in the matter of fines it does not seem clear how the penalty was to be
enforced where the person on whom it was inflicted refused to submit and
where there was no one at hand to coerce him successfully.
As regards ownership of land early Irish law is very peculiar, and
requires to be carefully studied. Primogeniture, regarded by all English
lawyers trained under the feudal system as the very basis of
inheritance, was simply unknown. Even in the case of the chieftain his
rights belonged only to himself, and before his death a re-election took
place, when some other of the same blood, not necessarily his eldest
son, or even his son at all, but a brother, first cousin, uncle, or
whoever stood highest in the estimation of the clan, was nominated as
"Tanist" or successor, and received promises of support from the rest.
Elizabethan writers mention a stone which was placed upon a hill or
mound having the shape of a foot cut on it, supposed to be that of the
first chief or ancestor of the race, "upon which stone the Tanist
placing his foot, took oath to maintain all ancient customs inviolably,
and to give up the succession peaceably to his Tanist in due time."
The object of securing a Tanist during the lifetime of the chief was to
hinder its falling to a minor, or some one unfit to take up the
chieftainship, and this continued to prevail for centuries after the
Anglo-Norman invasion, and was even adopted by many owners of English
descent who had become "meere Irish," as the phrase ran, or
"degenerate English."
"The childe being oftentimes left in nonage," says Campion, "could never
defend his patrimony, but by the time he grow to a competent age and
have buried an uncle or two, he also taketh his turn," a custom which,
as he adds, "breedeth among them continual warres."
The entire land belonged to the clan, and was held theoretically in
common, and a redistribution made on the death of each owner, though it
seems doubtful whether so very inconvenient an arrangement could
practically have been adhered to. All sons, illegitimate as well as
legitimate, shared and shared alike, holding the property between them
in undivided ownership. It was less the actual land than the amount of
grazing it afforded which constituted its value. Even to this day a man,
especially in the West of Ireland, will tell you that he has "the grass
of three cows," or "the grass
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