Page images
PDF
EPUB

memory of the ancient king. Dubh thach, Fergus, and Rossa, or Rosa, were eminent poets and learned men; they exhibited "from memory what their predecessors had sung"-for much of the ancient law was preserved in the form of verse, and Dubh thach, "royal poet of Erin," at the compilation of the Senchus Mor, put a thread of poetry round it for Patrick. Many parts of the work as we have it are in verse.

The subject of that part of the Sonchus Mor which is contained in the volume before us is the "Law of Distress"—that is, the legal rules under which distraint was to be made of persons, cattle, or goods, in a great variety of cases. To a general reader, the legal verbosity and trivial repetitions make the book hard to read; but imbedded in it, so to speak, are many curious little fragments of a very remote and obscure social system, and some of these we shall proceed to set before our readers.

Fines in cases of death, bodily hart, insult, or injury of whatever kind were arranged according to the dignity of the parties concerned. The "honor-price" is the same for a king, a bishop, a chief law-professor, and a chief poet who can compose a quatrain extemporaneously.

At a feast, "his own proper kind of food" is assigned to persons of different rank-as, for example, the haunch for the king, bishop, and literary doctor; a leg for the young chief; a steak for the queen; the heads for the charioteers; and a croichet [unknown part] for "a king opposed in his government."

Should a person have property, it shall not increase his honor-price, unless he do good with it.

A king with a personal blemish was allowed with difficulty, if at all.

In case of distress by or on a person of distinction, fasting was a necessary legal form-the creditor had to "fast upon" his debtor until a pledge was given for the claim. Something very similar to this curious process is found

[ocr errors]

of

in the ancient Hindoo laws, and appears to be practised in India to the present day, under the name "dherna." According to Sir William Jones, the creditor sat at the debtor's door, abstaining from food, till, for fear of becoming accountable for the man's death, the debtor paid him. As to the Irish mode of "fasting upon" a debtor of the chieftain grade, exact particulars are not given; but it would seem that on presentation of the claim of distraint at the residence of the debtor the "fasting" began, and if the debtor did not pay or give a pledge, but allowed his creditor to go on fasting (it is not said for how long), he became liable to double the debt, and other penalties.

If one of inferior grade comes to sue one of the chieftain grade, he must be accompanied, on his part, by one of the chieftain grade.

Among articles enumerated as coming under various rather puzzling rules and exemptions in cases of distraint, we find, weapons for battle; a racehorse; a harp-comb, and other requisites for music; toys for the children-viz., "hurlets, balls, and hoops," and also "little dogs and cats" the "eight parts which constitute a mill;" the fork and cauldron; the kneadingtrough and sieve; the bed-furniturei. e., plaids and bolsters; the reflector or mirror; the chess-board; the seven valuable articles of the house of the chieftain-viz.,“ cauldron, vat, goblet, mug, reins, horse-bridle, and pin;" the cattle-bells, the griddle, the "branch-light of each person's house;" the lap-dog of a queen, the watch-dog, the hunting hound; implements of weaving and of spinning.

Fines and penalties were provided, among other cases, for withholding the food-tribute from a king or chief; for the deficiency of a feast; for neglecting the due clearing of roads in war, or in winter, or at time of a fair; for neglecting the due preparation of a fair-green; for neglecting any persons or things cast ashore by the sea (in this case the "territory" was liable);

[ocr errors]

for neglecting" the common net of the tribe;' for breaking the laws of rivers and fishing; for neglecting the due maintenance and medical treatment of the sick; for not helping in the erection of the common fort of the tribe; for not blessing a completed work. This last is a curious offence. "It was customary," we read in a note to p. 132, for workmen, on completing any work, and delivering it to their employer, to give it their blessing. This was the 'abarta,' and if this blessing was omitted, the workman was subject to a fine, or loss of a portion of his fee, equal to a seventh part of his allowance of food while employed the food to which a work man was entitled being settled by the law in proportion to the rank of the art or trade which he professed. And it would appear that the first person who saw it finished and neglected the blessing was also fined." To the present day, among Irish peasants, it is thought a marked omission if, in transferring or praising, or even taking notice of, any possession, especially if it be a living creature, one negleets to "God bless it!" or "I wish you luck with it!" or some such good word; and where you see any work going on, it is right to say, " God bless the work!"

say

Distress was levied on defaulters for share in building "the common bridge of the tribe;" for beef to nourish the chief "during the time that he is making laws;" for the "cow from every tribe," sent on demand, "when the king is on the frontier of a territory with a host." "Now, the custom is that this cow is taken from some one man of them for the whole number. They make good that cow to him only." Also for the victualling of a fort; for guarding and feeding captives; for the maintenance of a fool, or of a madwoman, or of an aged person, or of a child. "Five cows is the fine for neglecting to provide for the maintenance of the fool who has land, and power of amusing; and his having these is the cause of the small

ness of the fine. Ten cows is the fine for neglecting to provide for the maintenance of every madwoman; and the reason that the fine is greater than that of the fool is, for the madwoman is not a minstrel, and has not land. If the fool has not land, or has not power of amusing, the fine for neglecting to provide for his maintenance is equal to that of the madwoman who can do no work." "A cumhal of eight cows is the fine for neglecting to maintain any family senior who has land after his eighty-eighth year. As to each man of unknown age after his ninetieth year, his land shall pass from the family who have not maintained him to an extern family who have maintained him. As to every senior of a family and man of unknown age without land, a cumhal' of five seds' is the fine for not maintaining him."

There are fines for evil words, false reports, slander, nicknames, and satire. The poets were supposed to have the power of turning a man's hair gray by force of satire, or even of killing him. There are also fines for "failure of hos'ing;" the head of every family of the lay grades is to g into the battle;" "every one who has a shield to shelter him, and who is fit for battle, is to go upon the plundering excursion." "Three services of at tack" are enumerated-on pirates, aggressors, and wolves; and • three services of defence"-to secure " promontories [hills?], lonely passes, and boundaries."

"Distress of three days for using thy horse, thy boat, thy basket, thy cart, thy chariot, for wear of thy vessel, thy vat, thy great cauldron, thy cauldron; for dire'-fine in respect of thy house, for stripping thy herb-garden, for stealing thy pigs, thy sheep; for wearing down thy hatchet, thy wood-axe ; for consuming the things cast upon thy beach by the sea, for injuring thy meeting-hill, for digging thy silver mine, for robbing thy bee-hive, for the fury of thy fire, for the crop of thy sea marsh, for the dire'fine in respect to thy corn-rick, thy turf, thy ripe

corn, thy ferns, thy furze, thy rushes, if without permission; for slighting thy law, for slighting thy inter-territorial law, for enforcing thy Urradhus' law; in the case of good fosterage, in the case of bad fosterage, the fosterage fee in the case over fosterage for cradle clothes; for recovering the dues of the common tillage land, for recovering the dues of joint fosterage, for recovering the dues of lawful relationship, for unlawful tying, over-fettering of horses, breaking a fence to let cows into the grass ; breaking it before calves to let them to the cows. The restitution of the milk is in one day."

[ocr errors]

There are also fines for quarrelling in a fort; for disturbing the meetinghill; for stripping the slain; for refusing a woman the longed-for morsel;" for scaring the timid, with a mask or otherwise; for causing a person to blush; for carrying a boy on your back into a house so as to strike his head; for love-charms and "bedwitchcraft;" for neglect in marriage; for setting the charmed morsel for a dog-i. e., to prove it;" for failure as to the safety of a hostage;" for withholding his fees from the Brehon."

[ocr errors]

For mutilation and for murder, the erie-fine and honor-price" varied according to circumstances.

Distress of five days' stay is "for not erecting the tomb of thy chief;" for false boasting of a dead woman ;" for satirizing her after her death; for causing to wither any kind of tree; for the eric-fine for an oath of secret murder.

In certain cases, persons were exempted from distress for a longer or shorter period. For example: "A nan upon whom the test of the cauldron is enjoined―i. e., to go to a testing cauldron-and he shall have exemption until he returns ;""a man whose wife is in labor;" "a man who collects the food-tribute of a chief."

The bodies and bones of the dead are protected by penalties. There is a fixed fine and "honor-price" for car

rying away the remains of a bishop out of his tomb (as relics?); also breaking bones in a churchyard, "to take the marrow out of them for sorcerers." "The bone of a king drowned in the stream, or of a hermit condemned to the sea and the wind," belongs to the people of the land where it happens to be cast, until the tribe of the deceased pay for its redemption.

There are penalties for lookerson" at an ill deed; and these are divided into three classes: "a lookeron of full fine" is one who "instigates, and accompanies, and escorts, and exults;" of half fine, one who does not instigate, but does the other acts; of quarter-fine, one who "accompanies only, and does not prohibit, and does not save." Clerics, women, and boys are exempt.

One is accountable (in different degrees) for one's own crime, the crime of a near kinsman, the crime of a middle kinsman, and the crime of a kinsman in general.

"There are four who have an intere. in every one who sues or is sued"-the tribe of the father, the tribe of the mother, the chief, the church; also the tribe of the foster-la

ther.

"Every tribe is liable after the absconding of a member of it, after warning, after notice, and after lawful waiting."

The notes to this volume are few and unimportant, and further elucidations on many points are much to be desired. The printing of the original Gaelic along with the translation must add greatly to the cost of the work, but the value of the text to philologers may perhaps make this worth while. Only we hope that this laudable and interesting undertaking, of the publication of the ancient laws and institutes of Ireland, will not, like other Irish schemes that could be named, make a costly and elaborate beginning, and then, exhausting its means in the outset, break down altogether. This first volume gives us a strong desire to see the proposed plan carried into

of the literary work of it is already

completion without uaine delay. It would appear that all the heavy part done.

MISCELLANY.

The Transparency of the Sea.-At a late meeting of the French Academy of Science, M. Cialdi and Father Secchi sent the result of some observations they have made "On the Transparency of the Sea." The experiments were made at the end of April, on board a vessel, near Civita Vecchia, from six to twelve miles from land, and at depths varying from 90 to 300 metres, the sea being perfectly clear and tranquil. Discs of different diameters and colors attached to wires being plunged horizontally under water, showed that the maximum depth at which the largest (a white disc 3 metres in diameter) could be seen was 424 metres, the sun being clevated 604° above the horizon. With a vertical sun the depth of visibility shall be 45 metres. The color of the disc appeared at first a light green, then a clear blue, which became darker as it was lowered, until it could no longer be distinguished from the surrounding medium. Dises of a yellow or sandy color disappeared at less than half the depth of the white discs-that is to say, between 17 and 24 metres. The height of the sun and the clearness of the sky greatly influence the depth at which objects may be seen. Viewing the light reflected from a submerged white dise through a spectroscope, the red and yellow colors were found to be rapidly absorbed. As it was sunk deep er in the sea a portion of the green became absorbed, the other colors remaining unaltered. The authors remark that this luminous absorption of the more refrangible rays is what would be expected from the calorific opacity and the actinic transparency of water. From the foregoing results, they doubt whether the bottom of the sea has ever been seen at a depth of 100 metres, as it is more probable that the mud and sand brought up by waves has been mistaken for such: the fact that the bottom of the sea is a worse reflector

than the white disc, strengthens this supposition.

Irish Limestone Caverns.-At a late meeting of the Cork Cuvierian Society, Professor Harkness, so well known for his investigations of Scottish rocks, announced the discovery of the bones of mammals in a limestone quarry at Middieton, County Cork. The rock consists of the ordinary limestone of the district, in one part much fissured, and under this fissured portion there is a mass of brown clay, the thickness of which cannot be determined, as its base is not seen. This reddish-brown clay under the limestone is the deposit which furnishes the fossil bones, and which, doubtless, fills the space which was once a natural grotto. Beside the bones, which are in a fragmentary condition, there are also present teeth and antlers. The latter are much broken, and do not afford sufficient character to enable the species to be accurately determined. They seem, however, to belong to two forms, one of which had the beam and branches smooth and sub-compressed, features which indicate the antlers of the reindeer; and the other with the horns rounded and rough, a form of surface which marks the antlers of the common stag. Of these antlers two portions which appear to belong to the reindeer have been cut while in the fresh state; and the faces of the cuts being almost smooth, this cutting ap pears to have been effected by a fine regular-edged instrument rather than by a serrated tool. The leg bones which appear in this clay have all been broken, for the most part longitudinally, except the carpal and tarsal, and other small bones of the extremities. This longitudinal fracturing of the long bones of the leg is not known to occur in any mammalian remains which be long to a period previous to that where we have evidence of the existence of

the human race; and these broken bones afford evidence of the occurrence of man, who, for the purpose of obtaining the marrow, divided them in the direction most available for this object. Beside the evidence afforded by the cut antlers and longitudinally divided bones, there are other circumstances indicating the occurrence of man in connection with these remains; one of these is the presence of charred wood, which is equally disseminated through the clay with the bones and teeth. This charred wood is the remains of the ancient fires by means of which former human beings cooked their food.

Is there an Open Arctic Sea?-Sir Roderick Murchison, who answers this question in the affirmative, gives the following arguments in support of his opinion:-(1.) The fact has been well ascertained by Scoresby and others, that every portion of the floating pack ice north of Spitzbergen is made up of frozen sea-water only, without a trace of terrestrial icebergs like those which float down Baffin's Bay, or those which, carrying blocks of stone and debris, float northward from the land around the South Pole. (2.) The northern shores of Siberia tell the same tale; for in their vast expanse the absence of icebergs, or erratic blocks, or anything which could have been derived from great or lofty masses of land, has been well ascertained. (3.) As a geologist, Sir R. Murchison could point out that this absence of erratic blocks in northern Siberia has existed from that remote glacial period when much larger tracts of northern Europe were occupied by glaciers than at the present day. (4.) The traveller Middendorf found the extreme northern promontory of Siberia, Taimyr, clad with fir trees, while the immense tract of country to the south of it was destitute of trees, showing a milder climate at that point of Siberia nearest the pole.

Food as a Means of Preventing Disease. -It seems not at all improbable that, as has been shown by Liebig in the case of plants, most of those diseases which we at present attribute to the presence of some morbid substance in the blood, are produced in the first instance by the absence of some of the proper constituents of the blood. The

blood when abnormally composed will allow vegetable and other growths to take place in it, thus producing painful symptoms; but if it contained its suitable components, it is most probable that it would be then enabled to resis the development of the materials we re fer to. In the case of the potato dis. ease, there can hardly be a doubt that the sap becomes deteriorated, owing to the absence of the proper proportion of potash, prior to the development of the oïdium which commits such ravages. The idea which we have given has pot had many advocates in this country, and we are glad to find that Mr. Erasmus Wilson has in some measure lent his support to the theory. Although Mr. Wilson does not go as deeply into the question as we should wish, still he shows that food may well be employed not only in preventing but in curing disease. If, he says, it be admitted that food is the source of the elements of which the body is composed, what kind of body can be expected in the case of a deficient supply of food, whether that deficiency proceed from actual want, or from some perverse theory of refinement, founded on a false conception of the nature and objects of food, and ignorance of its direct convertibility into the flesh and blood or man? We think Mr. Wilson is too determined a supporter of flesh-eating tastes. If he had his way, he would convert man into a decidedly carnivorous animal, and we do not think that either experience or an appeal to the anatomy of the human masticatory and digestive organs would bear out his views.- Vide On Food as a Means of Prevention of Disease."

Are the Flint Implements from the Drift Authentic?-A pamphlet has appeared from the pen of Mr. Nicholas Whitley, of the Royal Institution of Cornwall, in which it is attempted to be proved that the so-called flint implements are not the result of workmanship. The Popular Science Review gives the following abstract of Mr. Whitley's argument: (1.) The “implements" are all of flint. The tools employed by men of the recognized archaeological stone age are made of stones of various kinds, of which there are examples of serpentine, granular greenstone, indurated claystone, trap greenstone, claystone, quartz, syenite, chest, etc. Why, therefore,

« EelmineJätka »