y be applied: "They were not
written by a foolish people, nor for any foolish purpose;" and these
were the "laws and institutions which regulated the political and social
system of a people the most remarkable in Europe, from a period almost
lost in the dark mazes of antiquity, down to about within two hundred
years of our own time, and whose spirit and traditions influence the
feelings and actions of the native Irish even to this day."[155]
But we can adduce further testimony. The able editor and translator of
the _Seanchus Mor_, which forms so important a portion of our ancient
code, has, in his admirable Preface, fully removed all doubt on this
question. He shows the groundlessness of the objections (principally
chronological) which had been made regarding those who are asserted to
have been its compilers. He also makes it evident that it was a work in
which St. Patrick should have been expected to engage: (1) because,
being a Roman citizen, and one who had travelled much, he was probably
well aware of the Christian modifications which had already been
introduced into the Roman code. (2) That he was eminently a judicious
missionary, and such a revision of national laws would obviously be no
slight support to the advancement of national Christianity. It is also
remarked, that St. Patrick may not necessarily have assisted personally
in writing the MS.; his confirmation of what was compiled by others
would be sufficient. St. Benignus, who is known to be the author of
other works,[156] probably acted as his amanuensis.
The subject-matter of the portions of the Seanchus Mor which have been
translated, is the law of distress. Two points are noticeable in this:
First, the careful and accurate administration of justice which is
indicated by the details of these legal enactments; second, the custom
therein sanctioned of the creditor fasting upon the debtor, a custom
which still exists in Hindostan. Hence, in some cases, the creditor
fasts on the debtor until he is compelled to pay his debt, lest his
creditor should die at the door; in other cases, the creditor not only
fasts himself, but also compels his debtor to fast, by stopping his
supplies. Elphinstone describes this as used even against princes, and
especially by troops to procure payment of arrears.[157]
One of the most noticeable peculiarities of the Brehon law is the
compensation for murder, called _eric_. This, however, was common to
other nations. Its origin i
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