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undoubtedly to be explained in the same way。 The Brehon could
not； like the Brahmin； make any such portentous assertion as that
his order sprang from the head of Brahma； that it was an
embodiment of perfect purity； and that the first teacher of its
lore was a direct emanation from God。 But the Brehon did claim
that St。 Patrick and other great Irish saints had sanctioned the
law which he declared； and that some of them had even revised it。
Like the Brahmin； too； he never threw away an opportunity of
affirming the dignity of his profession。 In these law…tracts the
heads of this profession are uniformly placed； where Caesar
placed the Druids； on the same level with the highest classes of
Celtic society。 The fines payable for injury to them； and their
rights of feasting at the expense of other classes （a form of
right which will demand much attention from us hereafter）； are
adjusted to those of Bishops and Sings。 It is more than likely
that the believing multitude ended by accepting these
pretensions。 From what we know of that stage of thought we can
hardly set limits to the amount of authority spontaneously
conceded to the utterances of a sole literary class。 It must have
struck many that the influence of the corresponding class in our
own modern society far exceeds anything which could have been
asserted of it from the mere consideration of our social
mechanism。 There is； perhaps； an impression abroad that the
influence it exerts increases as history goes on； an impression
possibly produced and certainly strengthened by the brilliant
passages in which Lord Macaulay contrasted the well…paid literary
labour of his own day with the miseries of the literary hack of
Grub Street a century before。 I think that this opinion； if
broadly stated； is at the very least doubtful。 The class which；
to use a modern neologism； 'formulates' the ideas dimly conceived
by the multitude which saves it mental trouble by collecting
through generalisation； which is an essentially labour…saving
process； the scattered fragments of its knowledge and experience
has not always consisted of philosophers； historians； and
novelists； but had earlier representatives in poets； priests； and
lawyers。 It is not at all a paradoxical opinion that these last
were its most powerful members。 For； nowadays； it has to cope
with the critical faculty； more or less found everywhere； and
enormously strengthened by observation of the methods of physical
discovery。 No authority of our day is possibly comparable with
that of the men who； in an utterly uncritical age； simply said of
a legal rule； 'So it has been laid down by the learned；' or used
the still more impressive formula； 'It is thus written。'
While； however； I fully believe that the Brehon law possessed
great authority； I think also that it was in all probability
irregularly and intermittently enforced； and that partial and
local departures from it were common all over ancient Ireland。
Anybody who interested himself in the question of its practical
application would have to encounter the very problems which are
suggested by the Brahminical Hindoo law。 The student of this last
system； especially if he compares it with the infinity of local
usage practised in India； is constantly asking himself how far
was the law of the Brahmin jurists observed before the English
undertook to enforce it through their tribunals？ The Editor of
the Third Volume of the Ancient Laws of Ireland has given a very
apposite example of a problem of the same kind （iii。 146）； by
extracting from the Carew Papers the story of a famous dispute as
to the headship of the great irish house of O'Neill。 Con O'Neill；
its chief； had two sons； Matthew and Shane。 Matthew O'Neill was
heir to Con O'Neill's earldom of Tyrone； according to the
limitations of the patent。 Shane O'Neill urged on the English
Government that these limitations were void； because the King； in
granting the earldom； could not have been aware that Matthew
O'Neill was an adulterine bastard； having been in truth born of
the wife of a smith in Dundalk。 Shane O'Neill has been regarded
as the champion of purely Irish ideas （see Froude； 'English in
Ireland；' I。 43）； but though the rule of legitimacy upon which he
insisted conforms to our notions； it is directly contrary to the
legal doctrine of the Book of Aicill； which in one of its most
surprising passages lays down formally the procedure by which the
natural father could bring into his family a son born under the
alleged circumstances of Matthew O'Neill； on paying compensation
to the putative parent。 Unless Shane O'Neill's apparent ignorance
of this method of legitimation was merely affected for the
purpose of blinding the English Government； it would seem to
follow that the Book of Aicill； though its authorship was
attributed to King Cormac； had not an universally recognised
authority。
I do not know that the omission of the English； when they had
once thoroughly conquered the country； to enforce the Brehon law
through the Courts which they established； has ever been reckoned
among the wrongs of Ireland。 But if they had done this。 they
would have effected the very change which at a much later period
they brought about in India； ignorantly； but with the very best
intentions。 They would have given immensely greater force and a
much larger sphere to a system of rules loosely and occasionally
administered before they armed them with a new authority。 Even as
it was； I cannot doubt that the English did much to perpetuate
the Brehon law in the shape in which we find it。 The Anglo…Norman
settlement on the east coast of Ireland acted like a running
sore； constantly Stating the Celtic regions beyond the Pale； and
deepening the confusion which prevailed there。 If the country had
been left to itself； one of the great Irish tribes would almost
certainly have conquered the rest。 All the legal ideas which；
little conscious as we are of their source； come to us from the
existence of a strong central government lending its vigour to
the arm of justice would have made their way into the Brehon law；
and the gap between the alleged civilisation of England and the
alleged barbarism of Ireland during much of their history； which
was in reality narrower than is commonly supposed； would have
almost wholly disappeared。
Before I close this chapter it is necessary to state that the
Brehon law has not been unaffected by the two main influences
which have made the modern law of Western Europe different from
the ancient； Christian morality and Roman jurisprudence。 It has
been modified by Roman juridical ideas in some degree； though it
would be hazardous to lay down with any attempt at precision in
what degree。 I have trustworthy information that； in the tracts
translated but not yet published； a certain number of Roman legal
maxims are cited； and one Rowan jurisconsult is mentioned by
name。 So far as the published tracts afford materials for an
opinion； I am inclined to think that the influence of the Roman
law has been very slight； and to attribute it not to study of the
writings of the Roman lawyers； but to contact with Churchmen
imbued more Or less with Roman legal notions。 We may be quite
sure that the Brehons were indebted to them for one conception
which is present in the tracts the conception of a Will； and
we may probably credit the Church with the comparatively advanced
development of another conception which we find here the
conception of a Contract。 The origin of the rules concerning
testamentary bequest which are sometimes found in Western bodies
of law otherwise archaic has been much considered of late years；
and the weight of learned opinion inclines strongly to the view
that these rules had