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the Corus Bescna； and is printed in the Third Volume of the
official edition。 It presents great difficulties。 I quite agree
with the Editors that the commentary and glosses constantly
contradict and obscure the text； either because the commentators
did not understand it or because they belonged to a later period
and a different stage of legal relations。 But the most serious
doubt which occurs to the student of the text arises from the
strong and palpable bias of the compiler towards the interests of
the Church； indeed； part of the tract is avowedly devoted to the
law of Church property and of the organisation of religious
houses。 When this writer affirms that； under certain
circumstances； a tribesman may grant or contract away tribal
land； his ecclesiastical leaning constantly suggests a doubt as
to his legal doctrine。 Does he mean to lay down that the land may
be parted with generally and in favour of anybody； or only that
it may be alienated in favour of the Church？ This difficulty of
construction has an interest of its own。 I am myself persuaded
that the influence of the Christian Church on law has been very
generally sought for in a wrong quarter； and that historians of
law have too much overlooked its share in diffusing the
conceptions of free contract； individual property； and
testamentary succession； through the regions beyond the Roman
Empire which were peopled by communities held together by the
primitive tie of consanguinity。 It is generally agreed among
scholars that Churchmen introduced these races to wills and
bequests； the Brehon tracts suggest to me at least that； along
with the sacredness of bequests； they insisted upon the
sacredness of contracts； and it is well known that； in the
Germanic countries； their ecclesiastical societies were among the
earliest and largest grantees of public or 'folk' land （Stubbs；
'Constitutional History '； vol。 i。 p。 154）。 The Will； the
Contract； and the Separate Ownership were in fact indispensable
to the Church as the donee of pious gifts； and they were also
essential and characteristic elements in the civilisation amid
which the Church had been reared to maturity。 It is possible that
the compiler of the Corus Bescna may have been an ecclesiastic；
as he certainly would have been in any society except the Irish；
but； if he were a lawyer； he writes aS a lawyer would state the
case on behalf of a favourite and important client。 Let me add
that all the Brehon writers seem to me to have a bias towards
private or several； as distinguished from collective； property。
No doubt it was then； as always； the great source of legal
business； and it may have seemed to them； and it possibly was；
the index to such advance in civilisation as their country was
capable of making。
My own strong opinion is that the 'Fine；' whose rights and
powers are the principal theme of the Corus Bescna； and whose
name the translators render 'Tribe；' is neither the Tribe in its
largest extension； nor； on the other hand； the modern Family or
group of descendants from a living ancestor； but the Sept。 It is
a body of kinsmen whose progenitor is no longer living； but whose
descent from him is a reality； and neither a myth nor a fiction。
It is the Joint Family of the Hindoos； but with the
characteristics of that group considerably modified through
settlement on the land。 This peculiar assemblage or corporation
of blood…relatives； which has been referred to by me several
times before； is formed by the continuance of the family union
through several； and it may be through an indefinite number of
generations。 The rule throughout most of the civilised world is
that； for all purposes of law； families are broken up into
individuals or dissolved into a number of new families by the
death of their head。 But this is not necessary the case。 The
group made up of those whom we vaguely call our relatives of
our brothers； nephews； great…uncles； uncles； and cousins； no less
than those related to us in the ascending and descending lines
might very well； after any number of deaths； remain knitted
together not only by blood and affection； but by mutual rights
and duties prescribed or sanctioned by the law。 An association of
this sort is well known to the law of India as the Joint
Undivided Family； or； to give the technical description； the
Family； 'joint in food； worship； and estate。' If a Hindoo has
become the root of a family it is not necessarily separated by
his death； his children continue united for legal purposes as a
corporate brotherhood； and some definite act of one or more of
the brethren is required to effect a dissolution of the plexus of
mutual rights and a partition of the family property。 The family
thus formed by the continuance of several generations in union is
identical in outline with a group very familiar to the students
of the older Roman law the Agnatic Kindred。 The Agnates were
that assemblage of persons who would have been under the
patriarchal authority of some common ancestor； if he had lived
long enough to exercise it。 The Joint Family of the Hindoos is
that assemblage of persons who would have joined in the
sacrifices at the funeral of some common ancestor； if he had died
in their lifetime。 In the last case the sacerdotal point of view
merely takes the place of the legal or civil。
So far as we are able； amid the disadvantages under which we
are placed by the obscurity of our authorities； let us examine
the legal qualities which the ancient Irish law attributes to
this brotherhood of kinsmen as it was found in Ireland。 First of
all； the 'Tribe' of the Brehon tracts is a corporate； organic；
self…sustaining unit。 'The Tribe sustains itself。' （'Ancient Laws
of Ireland；' ii。 283。） Its continuity has begun to depend on the
land which it occupies 'land；' says one of the still
unpublished tracts； 'is perpetual man' but it is not a purely
land…owning body； it has 'live chattels and dead chattels；'
distinguished from those of individual tribesmen。 （'Ancient Laws
of Ireland；' ii。 289。） Nor is it a purely cultivating body； it
may follow a professional calling。 （Ibid。； iii。 49…51。） A portion
of the tribal domain； probably the arable and choice pasture
lands； has been allotted to separate households of tribesmen； but
they hold their allotments subject to the controlling rights of
the entire brotherhood； and the primary or fundamental rule is
that they are to keep their shares of tribe…land intact。 'Every
tribesman is able to keep his tribe…land； he is not to sell it or
alienate or conceal it； or give it to pay for crimes or
contracts。' （'Ancient Laws of Ireland；' ii。 283。） 'No person
should leave a rent upon his land or upon his tribe which he did
not find upon it。' （Ibid。； iii。 52； 53。） 'Everyone is wealthy who
keeps his tribe…land perfect as he got it； who does not leave
greater debt upon it than he found on it。' （Ibid。； iii。 55。）
Under certain circumstances the tribesman may alienate； by
grant； contract； or bequest； a certain quantity of the tribe…land
allotted to him； but what are the circumstances； and what the
quantity； are points on which we cannot venture to make any
precise statement； so obscure and contradictory are the rules set
forth。 But the grantee primarily contemplated is certainly the
Church； though it seems clear that there is a general power of
alienation； either with the consent of the entire tribal
brotherhood or under pressure of strong necessity。 It further
appears to be beyond question that the tribesman has considerably
greater power of disposition over property which he has acquired
than over property which has devolved on him as a member of a
tribe； and that he has more power over acquisitions made by his
