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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。 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