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Brehon law； I must say that they do not； in my judgment；
constitute its real interest。 The instructiveness of the Brehon
tracts； at least to the student of legal history； seems to me to
arise from their showing that institutions of modern stamp may be
in existence with a number of rules by their side which savour of
another and a greatly older order of ideas。 It cannot be doubted；
I think； that the primitive notion of kinship； as the cement
binding communities together； survived longer among the Celts of
Ireland and the Scottish Highlands than in any Western society；
and that it is stamped on the Brehon law even more clearly than
it is upon the actual land…law of India。 It is perfectly true
that the form of private ownership in land which grew out of the
appropriation of portions of the tribal domain to individual
households of tribesmen is plainly recognised by the Brehon
lawyers； yet the rights of private owners are limited by the
controlling rights of a brotherhood of kinsmen； and the control
is in some respects even more stringent than that exercised over
separate property by an indian village…community。 It is also true
that another form of ownership in land； that which had its origin
in the manorial authority of the lord over the cultivating group；
has also begun to show itself； yet； though the Chief of the Clan
is rapidly climbing to a position answering to the Lordship of a
Manor； he has not fully ascended to it； and the most novel
information contained in the tracts is that which they supply
concerning the process of ascent。
The first instructive fact which strikes us on the threshold
of the Brehon law is； that the same word； 'Fine；' or Family； is
applied to all the subdivisions of Irish society。 It is used for
the Tribe in its largest extension as pretending to some degree
of political independence； and for all intermediate bodies down
to the Family as we understand it； and even for portions of the
Family （Sullivan； 'Introduction； clxii）。 It seems certain that
each of the various groups into which ancient Celtic society was
divided conceived itself as descended from some one common
ancestor； from whom the name； or one of the names； of the entire
body of kinsmen was derived。 Although this assumption was never
in ancient Ireland so palpable a fiction as the affiliation of
Greek races or communities on an heroic eponymous progenitor； it
was probably at most true of the Chief and his house so far as
regarded the Irish Tribe taken as a political unit。 But it is
probable that it was occasionally； and even often true of the
smaller group； the Sept； sub…Tribe； or Joint Family； which
appears to me to be the legal unit of the Brehon tracts。 The
traditions regarding the eponymous ancestor of this group were
distinct and apparently trustworthy； and its members were of kin
to one another in virtue of their common descent from the
ancestor who gave his name to all。 The chief for the time being
was； as the Anglo…Irish judges called him in the famous 'Case of
Gavelkind；' the caput cognationis。
Not only was the Tribe or Sept named after this eponymous
ancestor； but the territory which it occupied also derived from
him the name which was in commonest use。 I make this remark
chiefly because a false inference has been drawn from an
assertion of learned men concerning the connection between names
of families and names of places； which properly understood is
perfectly sound。 It has been laid down that； whenever a family
and place have the same name； it is the place which almost
certainly gave its name to the family。 This is no doubt true of
feudalised countries； but it is not true of countries as yet
unaffected by feudalism。 It is likely that such names as
'O'Brien's Country' and 'Macleod's Country' are as old as any
appropriation of land by man； and this is worth remembering when
we are tempted to gauge the intelligence of an early writer by
the absurdity of his etymologies。 'Hibernia' from an eponymous
discoverer； 'Hyber；' sounds ridiculous enough； but the chronicler
who gives it may have been near enough the age of tribal society
to think that the connection between the place and the name was
the most natural and probable he could suggest。 Even the most
fanciful etymologies of the Greeks； such as Hellespont； from
Helle； may have been 'survivals' from a primitive tribal system
of naming places。 In the relation between names and places； as in
much more important matters； feudalism has singularly added to
the importance of land。
Let me now state the impression which； partly from the
examination of the translated texts； legal and non…legal； and
partly by the aid of Dr。 Sullivan's Introduction； I have formed
of the agrarian organisation of an Irish Tribe。 It has been long
settled； in all probability； upon the tribal territory。 It is of
sufficient size and importance to constitute a political unit；
and possibly at its apex is one of the numerous chieftains whom
the Irish records call Kings。 The primary assumption is that the
whole of the tribal territory belongs to the whole of the tribe；
but in fact large portions of it have been permanently
appropriated to minor bodies of tribesmen。 A part is allotted in
a special way to the Chief as appurtenant to his office； and
depends from Chief to Chief according to a special rule of
succession。 Other portions are occupied by fragments of the
tribe； some of which are under minor chiefs or 'flaiths；' while
others； though not strictly ruled by a chief； have somebody of a
noble class to act as their representative。 All the
unappropriated tribe…lands are in a more especial way the
property of the tribe as a whole； and no portion can
theoretically be subjected to more than a temporary occupation。
Such occupations are； however； frequent； and among the holders of
tribe…land； on these terms； are groups of men calling themselves
tribesmen； but being in reality associations formed by contract；
chiefly for the purpose of pasturing cattle。 Much of the common