s ascribed to the Germans, but the
institution was probably far more ancient. We find it forbidden[158] in
the oldest code of laws in existence; and hence the _eric_ must have
been in being at an early period of the world's civil history.

The law of succession, called _tanaisteacht_, or tanistry, is one of the
most peculiar of the Brehon laws. The eldest son succeeded the father to
the exclusion of all collateral claimants, unless he was disqualified by
deformity, imbecility, or crime. In after ages, by a compact between
parents or mutual agreement, the succession was sometimes made alternate
in two or more families. The eldest son, being recognized as presumptive
heir, was denominated _tanaiste_, that is, minor or second; while the
other sons, or persons eligible in case of failure, were termed
_righdhamhua_, which literally means king-material, or king-makings. The
_tanaiste_ had a separate establishment and distinct privileges. The
primitive intention was, that the "best man" should reign; but
practically it ended in might being taken for right, and often for less
important qualifications.

The possession and inheritance of landed property was regulated by the
law called gavelkind (gavail-kinne), an ancient Celtic institution, but
common to Britons, Anglo-Saxons, and others. By this law, inherited or
other property was divided equally between the sons, to the exclusion of
the daughters (unless, indeed, in default of heirs male, when females
were permitted a life interest). The _tanaiste_, however, was allotted
the dwelling-house and other privileges.

The tenure of land was a tribe or family right; and, indeed, the whole
system of government and legislation was far more patriarchal than
Teutonic--another indication of an eastern origin. All the members of a
tribe or family had an equal right to their proportionate share of the
land occupied by the whole. This system created a mutual independence
and self-consciousness of personal right and importance, strongly at
variance with the subjugation of the Germanic and Anglo-Norman vassal.

The compilation of the Brehon laws originated in a question that arose
as to how the murderer of Odran, Patrick's charioteer, should be
punished. The saint was allowed to select whatever Brehon he pleased to
give judgment. He chose Dubhthach; and the result of his decision was
the compilation of these laws, as it was at once seen that a purely
pagan code would not suit Christian teac