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and the weight of learned opinion inclines strongly to the view
that these rules had universally their source in Roman law； but
were diffused by the influence of the Christian clergy。 This
assertion cannot be quite so confidently made of Contracts； but
the sacredness of bequests and the sacredness of promises were of
about equal importance to the Church； as the donee of pious
gifts； and； as regards the Brehon law； it is plain upon the face
of the published sub…tract which is chiefly concerned with
Contract； the Corus Bescna； that the material interests of the
Church furnished one principal motive for its compilation。 The
Corus Bescna； in which； I may observe； a certain confusion （not
uncommon in ancient law） may be remarked between contracts and
grants； between the promise to give and the act or operation of
giving； contains some very remarkable propositions on the subject
of contract。 Here； and in other parts of the Senchus Mor； the
mischiefs of breach of contract are set forth in the strongest
language。 'The world would be in a state of confusion if verbal
contracts were not binding。' 'There are three periods at which
the world dies： the period of a plague； of a general war； of the
dissolution of verbal contracts。' 'The world is worthless at the
time of the dissolution of contracts。' At first sight this looks
a good deal liker the doctrine of the eighteenth century than of
any century between the sixth and the sixteenth。 Let us see；
however； what follows when the position thus broadly stated has
to be worked out。 We come； in the Corus Bescna； upon the
following attempt at classification； which I fear would have
deeply shocked Jeremy Bentham and John Austin： 'How many kinds of
contracts are there？' asks the Brehon textwriter。 'Two；' is the
answer。 'A valid contract； and an invalid contract。' This； no
doubt； is absurd； but the explanation appears to be as follows。
The principle of the absolute sacredness of contracts was
probably of foreign origin； and was insisted upon for a
particular purpose。 It was therefore laid down too broadly for
the actual state of the law and the actual condition of Irish
Celtic society。 Under such circumstances a treatise on Contract
takes necessarily the form in great measure of a treatise on the
grounds of invalidity in contracts； on the manifold exceptions to
an over…broad general rule。 Anciently； the power of contracting
is limited on all sides。 It is limited by the rights of your。
family； by the rights of your distant kinsmen； by the rights of
your co…villagers； by the rights of your tribe； by the rights of
your Chief； and； if you contract adversely to the Church； by the
rights of the Church。 The Corus Bescna is in great part a
treatise on these archaic limitations。 At the same time some of
the modern grounds of invalidity are very well set forth； and the
merit may possibly be due to the penetration of Roman doctrine
into the Brehon law…schools。
Something must be said on the extent to which Christian
opinion has leavened these Brehon writings。 Christianity has
certainly had considerable negative influence over them。 It
became no longer possible for the Brehon to assert that the
transgressor of his rules would incur a supernatural penalty； and
the consequences of this were no doubt important。 But still； as
you have seen； in the case of 'fasting on a man；' or 'sitting
dharna；' the heathen rule remained in the system； though its
significance was lost。 Again； one positive result of the
reception by the Brehons of the so…called 'law of the letter'
appears to have been the development of a great mass of rules
relating to the territorial rights of the Church； and these
constitute a very interesting department of the Brehon law。 But
there has certainty been nothing like an intimate
interpenetration of ancient Irish law by Christian principle。 If
this kind of influence is to be looked for anywhere； it must be
in the law of Marriage； and the cognate branches of Divorce；
Legitimacy； and Inheritance。 These； however； are the very
portions of the Brehon law which have been dwelt upon by writers
convinced that； as regards the relations of the sexes； the
primitive Irish were near akin to those Celts of Britain of whose
practices Caesar had heard。 （B。 G。； v。 14。） The 'Book of Aicill'
provides for the legitimation not only of the bastard； but of the
adulterine bastard； and measures the compensation to be paid to
the putative father。 The tract on 'Social Connections ' appears
to assume that the temporary cohabitation of the sexes is part of
the accustomed order of society； and on this assumption it
minutely regulates the mutual rights of the parties； showing an
especial care for the interests of the woman； even to the extent
of reserving to her the value of her domestic services during her
residence in the common dwelling。 One remark ought； however； to
be made on these provisions of the Brehon law。 It is not
inconceivable that； surprising as they are； they may be the index
to a social advance。 Caesar plainly found the Celts of the
Continent polygamous； living in families held together by
stringent Paternal Power。 He； a Roman； familiar with a Patria
Potestas as yet undecayed； thinks it worthy of remark that the
head of a Gallic household had the power of life and death over
his wives as well as his children； and notices with astonishment
that； when a husband died under suspicious circumstances； his
wives were treated with the same cruelty as a body of household
slaves at Rome whose master had been killed by an unknown hand。
（B。 G。； vi。 19。） Now； though very much cannot be confidently said
about the transition （which； nevertheless； is an undoubted fact）
of many societies from polygamy to monogamy under influences
other than those of religion； it may plausibly be conjectured
that here and there it had its cause in liberty of divorce。 The
system which permitted a plurality of wives may have passed into
the system which forbade more than one wife at a time； but which
did not go farther。 The monogamy of the modern and Western world
is； in fact； the monogamy of the Romans； from which the license
of divorce has been expelled by Christian morality。 There are
hardly any materials for an opinion upon the degree of influence
exercised by the Church over the transformation of
marriage…relations in Ireland； but there are several indications
that the ecclesiastical rules as to the conditions of a valid
marriage established themselves very slowly among the ruder races
on the outskirts of what had been the Roman Empire。 Mr Burton
（'History of Scotland；' ii。 213）； in speaking of the number of
illegitimate claimants who brought their pretensions to the Crown
of Scotland before Edward the First； observes： 'That they should
have pushed their claims only shows that the Church had not yet
absolutely established the rule that from her and her ceremony
and sacrament could alone come the union capable of transmitting
a right of succession to offspring。' The tract on 'Social
Connexions' notices a 'first' wife； and the recognition may be
attributable to the Church； but on the whole my impression
certainly is that the extremely ascetic form under which
Christianity was introduced into Ireland was unfavourable to its
obtaining a hold on popular morality。 The common view seems to
have been that chastity was the professional virtue of a special
class； for the Brehon tracts； which make the assumptions I have
described as to the morals of the laity； speak of irregularity of
life in a monk or bishop with the strongest reprobation and
disgust。 At the present moment Ireland is probably the one of all
Western countries in which the relations of the sexes are most
nearly on the footing req