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COLLECTANEA
D E
REBUS HIBERNICIS
VOL. L
COMTAIMIKO
No. I. A Cliorofi^raphical Defipriptionof ue Coun- ty of Wcftmcath.
No. II. A Letter fromSir John Davis to tlie EatI of Salifimrj.
Archbilhop Uiher of Corbes, Erenachs and Tennon Lands.
Account of two ancient In- flmments.
No. III. A Di£bitation concerning the ancient IriihLaws, &c PartL
No. IV. The Diflerution* Part 11.
Part of the ancient Brebon Laws of Ireland.
Two Laws from the Corpo« ration Book of Iriflitowni Kilkenny.
SECOND EDITION.
DUBLIN:
LUKE WHITE.
n^^qr;^
\j D
-I -^o
V 1 2
CONTENTS
OF VOL. I.
No. I. A Chorogiaphical Defcription of die Comilf of Weftmeath, written A. D. i682» bjT Sir Henry Piers, Bart. ... Page i
No. IL I. A Letter firom Sir John Davis to the Eail ofSaliibiuy, - - - 135
2. ArchUfhop Uflier of Corbes, Erenacht and TermoQ Lands, .... i^p
3. An Account of two ancient Infinnnents htelj diico« vered, .... 2o8
No. in. A Diflertation concerning the ancient Irifli Laws, or National Cuftoms, called GaveUdnd and Thaniftry, Part 1 215
No. IV. The Diflertation, Fart H. to which it ackU ed. Part of the ancient Brehon Laws of Ireland^ alfo two L^ws from the Corporation Book of Irifh* town, KfSunnj. - * * 419
The Reader is requeftcd to corred the following Error.
Paie I75« /nv 1 1 , /vr KUmore, and was tnd it Ptrfoo «f Trim, rW, Xilmorc, whole Biihop it a Man of this Cooatry birth, tod was aad » ParloQ of Trim, in Mcath» which it tht btft FtriiMHft is ftUlht Kia^ g)«Oy worth irell fiif b 409l« t Year,
•1
• 4 • . ^1 •
i" :. . : • .■ »
f
I
t
ColleSianea de Reius Hsiemkis*
NUMBER I.
CHOROORAPHICAL
DESCRIPTION
OP THE
U N
OF
WEST-MEAT H;
Written A. D. i68a.
BY Sir henry PIERS,
Of Trifternagbtf Bikombt.
PublUhed from the MSS. hf Major CHARLES VALLANCET.
SOC. ANTK^. HIB. SOC.
D U B L I N< LUKE WHITE.
ll,OCC,LXZXTX.
THE
EDITOR'S PREFACE.
1 H£ Editor of this coUedion of papers relating to Ireland, here ofiers to the public* the fruit of many years refearches ^ and they will find in the Colledanea many va-* luable tra^s never yet publifhed of thoio^ learned and induftrious antiquaries, Ufher^ Davies, Barclay and Lhwyd.
HE moft gratefully acknowledges his obligations to the fenior Fellows of Trinity College, Dublin, for the free accefs givea him to many valuable papers in their libra- ry. Matter of the ancient language of Ire- land, he has copied and tranflatoi all the* fragments he could difcover of the ancient^ Brehon Laws of this country, fome of which, are evidently of an aera antecedent to Chrif- tianity in this ifland, being the edids of Modha Nuadha, who was flain in battle at the cldfe of the fecond century. The ori- ginal of one volume of thefe Laws is in the College Library, and many fheets on the. fame fubjedl being among the fragments colleded by that great antiquarian Ed. Lhwyd, for the Chandos Library, were obtained for the Editor from Sir John Sea- bright, by the favourable interceffion of the Earl of Charlemont.
To
▼Ui THE EDITOR'S PREFACE-
To the Earl of Rhpden he is obliged for a Colledanea from the Liher Lecanus^ once the property of the College of Dublin, but now in the library of the Irifh College at Paris. Locd Mount-Florence has alfo ob- ligingly obtained for his ufe, a moft valua- ble manufcript containing the various tri- butes paid by the petty princes to the pro- vindal kings, and reciprocally by thefe to At iPlaths or petty princes. ■ To his ingenious friend Charics OGon- nor, £fq; he is indebted for fome fragments (jf Ac 6l-ehon Laws j for the Dun-Sheana- 008 or ancient Topography of Ireland, and for feveral valuable annals. All thefe will ht prefented to the reader in an Englifh diiefs in the courfe of this work. The an- c^t Laws will exhibit a true and impar- tial pidure of the morals, manners and po- lice of the people ; they will demonftrate l9)at fo far from being favage and barba- rous, they were refined, polifhed and learn- ed : they will demonftrate that Sir John Da vies and others who have treated of thefe Laws, were ignorant of their force and contents i and that O^ Flaherty and Keating ftudioufly avoided them, as they would have forced them from that fabulous path in whidi the bards and poets had bewildered them. O^FIaherty pleaded^gnorance of the old language in which thefe laws were writ- tin to Mr. Lhwyd, (fee Lhwyd's Letter to the Royal Society, Phil. Tranf. No. 336.) et it is evident from the numerous poems c tranflated in his Ogygia to ferve his own
purpofes.
I
THE EDITOR'S PR£FAiC£«
purpoies, written in the fame dialed^ iJiat this was an evafi ve excufe.
Many Itineraries made through this country by learned men are in the cabinets of the curious and in the college library. Among the latter coUediion is the foUowng chorographical defcription of the county of Weft-Meath, which we offer to the public as the firfi number of this work^ to which we have added a map of the county, di- vided into baronies and parifhes as a more perfeA bafis for fome future pen to proceed on. England^ France and Italy abound with Topographical writers. This deline- ation of a county by a private gentleman, may perhaps excite a like fpirit among our- felves, fo that in the knowledge at leaft of our country it may not be laid as in other fciences, that we are two centuries behind our neighbours.
The antiquities of this iiland bear un- common and indelible marks of very remote times. Phoenician monuments are fcatter- ed over the furface of it, and what is more extraordinary, Phoenician names of things and places are retained even at this day.
To convents and monks wc are indebted for the prefervation of numberlefs monu- ments of antiquity, and this refledion ought to mitigate our difgufl on perufing their dry regifters of names and tranfadions. At the reformation our antiquities were on the point of being involved in the ruins of thcfc religious foundations. Sir James Ware firft undertook to refcue them, and to vindicata
their
THE EDITOR»s PREFACE-
their utility, and confidering his ignorance of the Irifh language he did much. His works are the outlines and materials of a great plan which he enjoyed neither life or abili^ ties to finifh, and it is much to be lament- ed that he had not the good fortune to meet with fo experienced and intelligent an amanuenfis as Mac Ferbifs fooner.
The pagan inhabitants of this illand pre-^ ferved the primitive Phoenician idolatry of the worihip of the Sun and heavenly hoft, as types of a Supreme Being, until the ar- rival of the firft Chriftian miffionaries. Our druids like thofe of Gall, confiituted aca-^ demies to promote learning, and they were obliged to devote twenty years to iludy before they were admitted to the degree of dodor. They were allured to application by the many privileges of fludents and the great authority their ancient do6lors ob* tained. Caefar, lib. 6. fays of the druids of Gall, that they were exempted from war and pqying tribute ; and that thefc privi- leges defcended to the Chriftian clergy, and to the bards, will appear from the frag- ments of the Brehon Laws.
The druids affeded various and almoft- all kinds of Philofophy, (Strabo, lib. 4O and Pliny grants to them (kill in medicine and magic. Of their opinions in ethick^5 Diogenes Laertius in the proeme to hi^ book, gives us this account, and they fo^ the druids were wont to philofophin^e enigm^-^ ticdlly i that the gods were to oe worjhipped 5 that no evil was to be done j that fortitude wa^
I
1
THE EDlTOR^s ftlEt ACE. xl
to be embraced. This enigmatical mode of philofophizingy fo prevalent among the orientals^ they learned from the ancient Phoenicians, who* had it from the Jews.
That the druidi v/ere (killed in geogra- phy, aftronomy and natural philofophy, we learn from Caefar ; and Mela declares, they taught that the foul was eternal.
Our Irifh druids Grangers to the lafl of the Grecian and Roman deities, and to the grofs idolatory of the more modern Phoeni- cians, enjoyed the pure worfhip of Baal or the Sun, as the type of one Supreme Being. Hence in the days of paganifm (as we learn from Avienus an author of the fourth cen- tury, who took it from more ancient au- thors,) this was called the Holy Ifland, and after Chriftianity the Ifland of Saints. No image of Jupiter, Mars, Venus, or any other pagan deity was ever found in Ire- land, but the rough unhewn pillar ftill pre- fcnts itfelf in every parifh.
The druidical tenets yet preferved in
fome fragments of our ancient manufcripts,
ftall be more largely treated of in the courfe
of this work. We fhall prove that our
^ifh druids confidered Baal as the liame of
^Jie true God j that the Aflyrians, Chal-
^i^ans, and Phoenicians, applied this facred
^anie to the Sun, after which the Lord
^mmanded the Ifraelites to call him no
^ore by that name, as in the fixteenth
^^rfe of the fecond chapter of Hofea, And
^ Jhall be in that day that thou Jhall call me
V^h and Jhall no more call me Baal.
That
%u THE EDITOR'S PREFACE.
That we may leave no material fubje^ relating to Ire^d uadifcufled, we ihall give aa ample detail of the records in Bir* minghaoi tower^ with the fubilance of each : an article the more important as feme of the rolls have been lately confumed by fire, and others rendered illegible by ver* min and time. A compleat Irifh hiflorical library will alfo be introduced. In a word^ it is propofed to give the public every in*, tereiling matter that concerns this king* dom and its antiquities, partly from our own labours, in fuch numbers as fhall not exceed the price of Three Shillings each^ and frequently under that value , and we hope from the extent of the plan now laid before the public, that the fale of this firft number will be fuch as to encourage the publication of another, as foon as it can be prepared for the prefs 5 and we beg leave to add, that the publication will al«- together depend on the early attention ma- nifed^d to the undertaking.
T O
t 0 t HE
RIGHT ilEV. FATHER IN GOD
ANTHONY,
Lord Bishop op MEATH,
One of his Majcfty's Moft Honourable Privy Gouadl of Ireland, and Vice-Chancellor of tiic Univerfity of Dublin.
MY LORD,
Vr HEN at your Lordfhip*s command I wrote and prefented to your Lordfhip that incon- fiderable trifle, my remarks of this county of Weft-Meatfa, you were pleafed, fuch and fo great is your humanity, to declare an efteem for it, far beyond its value ; when after I had the honour and happinefs of kiffing your LordHiip's band, and receiving your bleiling at your vifita- tion at MuUingar, you were pleafed to enjoin me to renew my inquiries, and try what more I could glean up of remarks to add unto thofe before pre- fented. I, who think myfelf highly honoured in undertaking any employment at your Lord(hip*s comniand, could not omit to make a new attempt, and although I have met with very little more ffaan what at firfi I offered, yet being thus brought jDO a review of what I had written, I have not
only
xiv DEDICATION.
only given a few things new, but have attempted in fome places by way of eflay or conjecture at the reafon of thofe phoenomcna, which at firft, fo diftruftful am I of my own judgment in enquiries of that kind, I durft hardly adventure at; and now rcfleAing on what I have done, I have too great caufe to fear, that my performance hatb iUuftrated nothing more than my own weaknefs and ignorance in the great works of the Almigh- ty's hand-maid, Nature.
But what apology (hall I make for my over long cxcurfion in that of the effort of the air on the water of the ocean ? Surely nothing lefs than that goodncfs, I have already fufficicntly experienced inyourLordfhip, can make atonement for it.
There are now many years elapfcd fince I firft met with the elaborate difcourfe of the incompa- rable philofopher, the honourable Mr. Robert Boyle, concerning the weight and preffure of the air, which firft miniftred to me thefe fancies^ which I have here adventured to fprcad before your Lordftiip ; and though I feem to write with as much affurance of them, as if they were revera thofe doors and bars mentioned in the book of Job, which the all-wife and powerful Creator hath fct unto the ocean, faying, Hiiberio Jbdt thou come but no further^ and here fhall thy proud waves be flopped^ yet 1 here let your Lordfliip know I have done all only by way of effay, not at all prefuming that what I write is the real truth of the matter j we know that the ways of the Lord are unfearchable and paft finding out : he is, as the philofopher fays of him, i K^t^f**. If I have overftrained Mr. Boyle's fprings beyond cither his defign or their own ftrefs, yet I hope I
have
DEDICATION.
have not cracked them. His doctrine, and what he with great candour and modcfty builds on it, is nothing weakened by my bolder attempt, nor am I concerned whether my fancies fmk or fwim^ If your Lordfhip thinks I have overfhot the mark, I am very well contented to fit down with the re- proof I find old Phoebus gives his over hardy fon, when nothing mud fcrve him but he muft up and ride.
Magna petisy Fbaeton ; et qtut non viribus ijlis
Munera conveniunt.
Your Lordfhip will find the accounts I give yoq of fome places enlarged, efpecially thofe of Ath- lone and the battle of Rochenell ; indeed what I gave before thereof was, methought, flight and defultory, far fliort of the merit of the matter,* inafmuch as the aftions of Athlone and Roche* nell comprife all that was of remark in thiscoun-^ ty during the whole courfe of the war : for from the battle of Rochenell which was in the begins' ning of February, 1642, forward, this coi|i^ty being altogether within the Irifti quarters, here was no fcene for adlion, I thought them I fay too flenderly rcprefented, although I gave your Lord- ihip all I then knew.
I therefore made it my bufinefs to get further knowledge of thefe things by application toa very worthy commander yet living, et quorum pars ipfe fuit fm parva^ who with no Icfs candour and in- genuity, than fidelity and fincerity, hath given me the moft of what your Lordftiip finds rcpre- fented of that time, whofe memory not retaining the numbers of the flain on feveral occafions, and Pthcrcircumftances, he chofe rather to befilentin
many
jsA DEDICATION.
ttithy particukrs^ than to g^ve my thing which be himfelf had not a particular remembrance of. What I bad not of that worthy gentleman^ I gleianed up imnong the natives, and being no way to their advantage, I thought t might more fafely mfert it : It is only what you find concerning the county of Longford forces, which came up late and yet too foon for theihfelvea, and which after a courfe of forty years, I little wonder, having, had no monitor, if that worthy gentleman (hould have omitted.
If any thing here prefented, be worth your Lord(hip*s pains in reading over, I befeech your Ii0rd(hip to afcribe it, where only due, to the influence your Lord(hip*8 commands have over me^ not only begetting in me a readincTs to under^ take, but enabling me in fome meafure to per- form ; which give me leave to prefent to your Lordfliip in the more polite ftrain of our Britilh
tA quod ab if^emc domtnifperare nequibam^ Deterenl gcmo forJUMifta tuo.
Buchanan.
MY LORD,
Your Lordfliip's
Moft Humble Servant, HENRY PI^RS.
CHOROGRAPHtCAL
BBS C RI PTION
or THE COUNTY OF
WEST- MEAT H.
TH E county of Wcft-Meath is bounded B^"*- on the Eaft with the county of Eaft^ Mcath, on the Welt with the county of Rof- common, (from which it is parted by the livir Shannon) on the Korth with the counties dF Cavanand Longford, from which it is parted for the moil part by the river {any, and on the South by the King's county.
It is extended from Eaft to Weft, v\z. from ir^^t Caftle town, near Athboy in Meath to Athlone on the Shannon, about 3g IrUh miles^ (which might ftrike hard on 50 Englifti miles) and generally not more than 14 or 15 in breadth, containing in this furround more than 1 80,000 acres of profit- able land, plantation meafure, befides bogs, lakes and heathy mountains, accounted unprofitable. .
It is cantoned into 1 1 baronies, whereof on die North- Eaft, Delvinj on the North, I>cmy-foui*,*^«»*«*^ Corkcry, Moygoyfli, and Raihconrath | on. the Noith and Weft,' Kilkenny-, on the Weft and South, Clonlonap ; on the South, Moycaftiell,
B and
* I e. The Half Btrooj of fore.
A DESCRIPTION OF THE
fcd Fgrnila^ v <3n dxe Sautk-Eaft, Fairbill ; uid ia ±e ceaxrc ibe hocny of MoyiflieU and Ma- Iigieiii! I'JWKL. Tlis QBoft ^cftdH pvt of the bscsy cf EHkemiy, where k drawcth near AAdcnCy is £ied dae terxkory of Brawny, con- taBBTg afacu J cr 4000 acre&
r Tbs ccuQt^ is ^ ±e maft port of aplea(ant
Aeid, and fiukful toil, ki wiudtt rcfpeA fome have
it dKgadca of bckody weB watered Willi fioall rfiersy brooks aod lakes, in all parts ftoced with ezcdkst arafaie, naeadow, and ptftare g^eoDck, ahonfiiBig m atl ioits of gram, (beep aodkine, aA icrts of tame and wikl-fowl, fruits, and fxcfb-watcr fifli i Jeiiuent in notlnng neccf'
iarj CO the ofe awd dDotancat of fanman if^s 00^ oolj tonber of bak, (wlnewidi idfb it wr as
MBakndj wctt ftoced) a want «> be bewailed, not ftobf ta tbi oooDty, bat in iMft parts of cb< kingdom; and,whatisyetmogedeptonibk, Uttlc care is taken for ptomgating fe nfefol a oowunodi' ty,aniidft the harocktkoeof made by iron- W(»rk^ &c. in thefe counties, where as 3fet only fmaU lemunders of timber aie : So that it is mudi to be feared that pofterity will want not only 0^* oeflaries for tmildiog, but even whcte-with^I to drefs tbdr leaifacr, and make ^eiels for cs^ .portation of their inbred commodities, unlcfii by a careful and timety preraition (a work w^ becoming the wi<<iom of our Parliament) p^o^ vifion be made for planting and raifing all forts of fbreft trees, even in this our generation : Nevcr^
g^^. fhelefs this our county is welt ftorcd with copl^^ '^ or undcrwooda, the poor remainders of our ^t^" tient forefts.
Huii and '^ '• ^^^^^ where raifed m moft pteafitfit hffls an^ es. hanging grounds, and depreflcd agam in mo^
friritf*^-^
COUNTY OF WEST-MEATH. 3
fruitful plains : Many of our hills arc excellent arable even to their very fummits or tops, as Farragh, Frevin, Slewin, Larah, Knockafty, and divers others ia moft parts of the county.
lt*s principal commodities are corn of all kJnda» Commo- hides, tallow, flax, hemp, chccfc, butter, yircoXf^i^^
wool-fells, honey, wax, &c. Terra fms cmteraa bonkj non ind^a mercis.
a foil.
The plough rewarding and the mcrchant*s toill^ ^uam dives niveipecoruy quam lailis abundans.
What ftcffea, my dairies, and my^ folds contain.
D«.YOEtt.
«
It is watered every where with plenty of fprihgs^ j. .
rivulets, brooks, lialkes as aforefaid, and a few Urge
rivers, whei'eof the chief are the Shannon, whicb Shannoii;
only bordercth our county oh the Weft, and no
where that I know of runneth within it. I (hatl
not undertake to give a dcfcription of this the
nobleft of all the rivers in this kingdom, navlgar-
ble for 60 miles within land, fo as (hips of the
greatefi burden come up to the key of Limerick,
in which refpeft no river which 1 have read or
heard of in Europe, can vie with it, unlefi
the Danaow, or liler may be excepted. But as
this famous or antient river (as its name feemethtp
import) only toucheth on us, I only touch oa it^
and proceed to give fome account of others.
The next liver of note is the Inny, before* i^j. mentioned only as a boundary, but it is not fo altogether, for it holdeth a continued courfe of ten miles, whoHy within this county, dividing the
B 2 barony
4 A DESCRIPTION OF THE
barony of Moygoyfh into two half baronies, the upper on the S6uth-fide, the lower on the North fide thereof. It hath its rife in the county of Cavan, in ♦ Lough-Rower, where pafling under Daily's Bridge in that county, it fallelh intot ^ Lough-Selin above Finah in this county, thence " gathiering itfclf into a narrower channel, it glidcth under a bridge there, whence after it hath con- tinued its narrow courfe for a while, it again cxpatiateth in the broad waters of Lough- Kinully,
from which again it holdeth a narrower courfe for 5 miles, and then lofeth itfelf in the large and fmu- ous lake called Lough- Direvreagh, which waters the (hores of three baronies. From this Iake(where- in it was almoft drowned) it recovereih again by much ado, and glideth; (for I cannot fay it run- neth) in a fmooth, large, deep, and muddy chan- nel, by fome called Lough-Sallagh, 'till it water- eth Ballybane ; tl:|en clofer girt, it fubmitteth to the bridge of Ballinglach, an antient and well built bridge, which having of late been very incommo- dious and dangeroujs for travellers, is now very well repaired j adorned and rendered fafe for them ^t the charge of the county. From this bridge in a larger and deeper channel, itvifiis§ Lough-Iron, (but' in its paffage as it were) for it only toucheth orf it in the North end thereof; from which, being not any more willing to hazard its being loft in thcfc lakes, it fpeedily recovers, and in a deep, fmooth, and fometimes a very broad channel, it Btllittt- fallcth under the bridge of Ballinacarrow, a late cirrow built bridge, not much more than of twenty years '''^*^ ftanding.
• Lou^h Rtmor. f Loagb-SiUiit.
§ Lou[(h-Iroo, ortheLooghofTrifteroagh.
COUNTY OF WEST-MEATH. 5
fbnding. The fituation of this bridge (however it was not built 'till our days) feemeth to have been laid out by nature, for it is founded on a rock, which lay always confpicuous funlefs in great floods; in a ftraight line a-crofs the river, and at juft diilances to receive and fuftain the arches of a bridge. Henceforward this river becomes to us a boundary again between us and the county of Longford, arriving at the ^ Abby Shrewell ; it divides the barony of Shrewell in the county of Longford, as before it did Moygoylh with us,' into two half baronies. In this courfe it falletb over feveral rocky precipices, and under divers new-built bridges, until at laft it is loft in that great lake in the Shannon called Lough-Ree or the King of lakes. And here it meets with the fate it fo narrowly efcaped in our county , for hence- forward we hear no more of the Inny ; unlefs we hearken afterit in the Shannon, or Shannin, as fom^ will have it (as if it were compounded of Shannb and Inny) and to countenance this they tell us, that before it meets with our Inny, that river is called only Shanno or Shunno. This river, were it not for thcfc precipices before mentioned, might be made navigable unto Finagh, and for ought!
know, higher. It is well ftored with bream, pika, eel, trout, roach, and falmon. About Lough- iron and Lough-Direvreagh, there is found; itiilk month of May only, a fmairflfh without fpot, of the (hape almoft of an herrlrig, a'filh very pled - fant and delightful, but not taken in great quaftlf- ties ; the natives Call it Goa(ke,i know not by afty Coafke. name to Engli(h it. The pike and eel of Lou^lt- Iron, and the bHsath of Lough-Direvreagh^ eli-
} AbbyShrool.
6 A DESCRIPTION Of TBS
cccd any clfcwhcre inlreland, for their excellency^ and for aught I know, any iif. the whole world.
BnCoj. The river Brothy rifeth in Lougfi-Poyle, whence pafiing thro' the gardens of Cullenmpre, it byeth to Mullingar, the chief town of our county, aixl thence to l«oi^h-Inniel , when freeing itrelf from this large water, it is called for i^ud dm Brofiiy, the word fignifying a burthen of ^icks, but why the river is called fo I do not know. It waiereth the large barony of Moycafhell, running befidea the town of Kilbeggain, it fuftaineth a fair bridge ; living this barony, it faUeth thro* the King'a county, and after a long courfe there it payeth tribute to the Shannon at or near Bannagher.
GhuQ^ Gaine is the laft river I (ball particularly de- icribe, a fmall but very pleafant water of about four or five miles courfe, traverfing the barony of Corkery. It hath its original from feveral fprings that iflue from the higher grounds which lie to the Eaft and South of Monyiefti thefe fprings centring fhort of the town, form in one channel A very pretty brook, which thence foon falleth f>ver a mill at Kiltnaglifti, and about a mile further over: another at Ballinegall; thence it glideth to jj^nightfwood, and there (like a fnow ball in* .cceafing as it. goes) fuHaineth a late built foot- -bridge; hehoe forward coailing the lands of jSiiightlwood on the Weft, and Tifarnan (belong- 'ing to the See of Meath) on the Eaft, it pafleth lo Multifornan^ where it falleth under another -large bridge ; thence to a mill, whence immediately U watereth the ground of the lateFricry of Mul- tifernan ; this done, after a mile's longer courfe, k Jofeth itfeif in the krge lake I^ugh-DJrevreagb. 'This water, tho* fmall and of a ihort courfe, is
plentifully
I 'Jr_
.-vii
COUNTT OF W|£ST.MIATH. 7
identifuU/ ftorod with the beft fmall troutt in Weft-Mcath, both white ftod red, €ni ioQe fmall pikes aUb^
Other riv4ikts and brook:.s« wherewith this ooiiq-%i>>^ ty is well fiored^it isneedlefs to treat ef^ we^^^ hftve of them which run both Eaft and Weft* ;Wcft. I my (elf have ibmetimes with fdeafure obfervfx)» from one piece of ground not feemingjy hig^, very good arablet with pafture intormixic), aflji within the reach of lels than half an hour*! o^ riding, many iinall fprixigs, which meeiimg fiFOi|i petty brookai falling both Eaft and Weftward. : thofe which fell Weft, centred in the Gaine, whioipy as before from Moltifornan, lofeth itfcif in Lough-Direvreagh, thence being incorporated in one channel with the Inny, it falleth finally froqi Limerick into the Weft fea. Thofe which fell Eaftward, incorporated together in the river Ded^ which from Donour in the county of Eaft-Meat^» falleth into the Boy ne, and finally from Drc^hcdf, into the Eaftern fea. Thus both Eaft and Weft (hare our waters of Weft-Meath. Hence. it
•
ihould feem that this county is Tested on the fuog* mit or ridge of Ireland, and is perhaps ^eqioa^y raifed with tbofe rougher npQiinlains in n^h^ countries, that would Sb thought to overtoil' W."!
Loughs or Lakes, this country afTordeth vesyLongtu. many, well fiored with ^U forts of $th before named, falmon excepted; which is found Dfily^n the Inny and Brofny, con>ing out of the Sbamtofi. Of fome of thofe 1 ^(hall fpesk, and firft?4)f Lough-Lene.. . ; :. ..» . ,
Lough-Lene, in Irilh founds like the lake of L. Lent. Learning, feated within half a mile of •Foore town, in the barony of Dc^-Fodnii from wfci**it \i
^Fore, in the half barony of Fore.
la A DESCRIPTION OF THE
trumpets or loiid-founding inftruments. Major General Reynolds, towards the latter end of our late unhappy war, is faid (pafling this country) to have halted h^re, and though he defcended not into the water, was fo taken witfi the anienity of the pro(peft, and the beauty of the landfcape, MTtd the nk)ft ravifhing echoes that redoubled to hint the noife of his trumpets, that he exclaimed he never came to the like place, and it is faid to have wiflied he could even then with leifure and fafety, fit down and take up his reft here.
Mf nee tarn paeiens Laeediemon^ Nee tarn horijjee pereujfit campus opima^
^uam domus AUmnea re/mantis^ .£$ preeceps AniOj £ff Tihurnilucus. Hor:
But me, nor patient Lacedsemon charms. Nor fair Larifla with fuch tranfport warms. As pure Albunea's far-refounding fource. And rapid Anio, head-long in his courfe. Or Tibur, fenced by groves from folar beams.
Francis.
The water, efpecially under this hill, is exceeding deep, (as if nature, out of this pit, had raifed fo vaft a bulk) never yet fathomed by fuch as have attempted it. The hill, although it rife fo fteep as I have faid, is yet in all its afcent cloathed with trees, that naturally and fecureiy grow here (for no hatchet can come near them) which rifing con- tinually and gradually one above another, add no fmall grace to the landfcape. This hill h^ih 6n that fide which hangcthover the water, and' ^boDt Chapel of midway from it to the top, an ancient chapel de- St. €yen dicatcd to a faint, called Eycn or Keyon. This * ^^^^'chapel is cut out of the natural rock, for all one
fide
COUNTY OF WEST*MEATH. 13
fide of it appears to be the natural (lone inftcad of a wall. 'It isnoWy and long hath betn, with- out a roof : it hath in it a curious purling brook of cryftal water, which liTuing out of the rock fide of the chapel^ traverfeth it, and failing thro* the oppofite fide wall, haflencth down to the waters below.
Eft mfecejfu longo locus : infula portum Efficii objeQu laterum ^ qmbus ornnis ab alio Franghur^ hiqitejimsfcindit fefe urida redallos. Hinc atque bine vqfta ^upes^ geminique mnumtur In cahmfcopuli : quorum fub vert ice laic yEquora tutajileni. Turn JUvisfcana corufcis Defuper^ borrenttque airum nemus mminei umbra. Frtmtefub advetJA fcopulis fendtmOms antrum : Intus aqua dulcps^ vivoque/edilia/axb \ Njmpbarum imus. Viro.
Far in a deep recefs, her jutting fides
An ifle projedls, to break the roinng tides,
And forms a port, where, curling from the fea,
The waves fteal back, and winds into a bay.
On eiriicr fide, fublrme in air, arife,
Two tow'ring rocks, whofe fummits brave
the flcies ; Low at their feet the fleeping ocean lies. Crown'd with a gloomy (hade of waving woods. Their awful brows hang nodding o'er the floods, Oppos'd to thefe, a fecret grotto (lands. The haunt of Nereids, fram'd by nature's hands. Where polifii'd feats appear of living ftone. And limpid rills, that tinkle as Ihey run.
Pitt.
To
t4 A DESCRIPTION OF THE
To this chapel from the land f^dt le^ds a path- way on the fide of the hill I'the nearer you approach to it, the narrower doth the way grow ; at Uft, and at a good diftance from it, the way appeareth hewn ont of the rock fide, rendered eafy and fafe by the trees, which, as aforefaid, rife from the wa- ter, and range over one another, and hem up the way fo clofe, that there is no danger either to flip Filgrim- or fall. 'To this chapel, on the firft Sunday iahar- ^S«»* veil, the natives pay their devotions in pilgrimages, which for certain ftages they undertake barefoot ; but when they come to a certain noted place in the way, they hold on the remainder of their devo- tion on their bare knee?, all along to the diap el, on (tone and gravely intermixed and overgrown with heath and grafs. Their devotions performed, they return merry and (hod, no longer concerned for thofe fins that were the caufeof this fo fevere a penance ; but as if, having now paid ofifthe old fcore, they longed to gp on in the new again, they return in aU. hafte to a green fpot of ground on the eaft fide of the hill towards the land, and here men and women fall a dancing and caroufing the reft of the day ; for ale fellers in great num- bers on thefe days have their booths here as in a /au*, and to be fure the merry bag- pipers fail not to pay thai attendance. Thus in lewd and ob- fcene dancing, and in excefs of drinking, the re* mainder.oftheday is fpent, as if they celebrated the Bacchanalia, rather than the memory of a pious faint, or their own penitentials ^ and often- times it falls out that more blood is (hed on the grafs from broken pates and drunken quarrels, when the pilgrimages are ended, than was before on the ftones from their bare feet and knees dur*^ ing their devotions.
This
COITNTY OF WEST-MEATH. 15
4
This chape], ifo high above water, being pafled, you may yet CDntinue your travd, afcending for a good way within trees toward the top of the hill, which now in climbing becomes more eafy in the afcent. But after a wh»Ie, your way is no longer (haded with verdant trees, but incumbered- with a more humble plant, heath intermixed with grafs. Having at laft topped the hill, if^in a fair day, you have a profpedt into both Eaft and Weft feas, and fviay percdve many mountains and countries both South andMorth, fo that from this, our coun* ty not only fendeth ftreams Eaft and Weft, but af- fbrdeth a pleafant profpe£t of both ftas. This lake, as almoft others in this county, affordeth many pieafant feats ; but it being not my purpofe to defcribe every fine place, I fliall pais thofe by^ and proceed td fay fonoething of
Lough Foyle, the name of whid) feems to im«L. Foyk: port time, in that fenie, as when a man borrow- eth for a time on promife of reftitution -, foas the word nnay denote, a take borrowed for a certain feafon. And there goes an ancient fabulous ftory, which tVve natives blirfh not to own as a traditional truth, which, becaufe it feems to countenance the interpretation I have adventured to give of this name, I crave the reader's leave to infert.
There lived, in I know not what age of the pJ^^J,J^J^5 world, two fillers, one in this country, the other ftoiy. in the county of Rofcommon, beyond the Shan- non, both famous for their (kill in enchantments and forceries, as indeed were all of whom any of our ancient fables run« The fifter who lived here on a certain day (belike Tuefday or Wednefday) fent to her fifter in Connaught, to let her know (he flood in need of her lake for fome great de-
fign
j6 A DESCRIPTION OF THE
figQ (he had then on foot, and prayed the loan thereof, promifing to reftorc the fiimc on Monday to her. The Connaught (good natured) filler immediately grants the requeft, and winding up her lake in a (heet, (he quickly made fit for the purpofe, fends it to her fifter over hills and dales fiiiling on the wings of the wind, into this country. Our Leinfter lady places it here, where now we have it, and makes her ufe of it. At laft, Mon- day comes, but no lake is returned according to capitulation ; the Connaught filler hereat ftorms, and becomes as turbulent, as the lake itfelf is on every blall of wind, fends to the Leinfter lady to demand rellitiftion of her water, challenging her upon her promife, but in vain, (he had poRtiBoit^ and likes the water fo well, that (he refoives not to part with it. Neverthelefs, becaufe (he would not feen[i to be worfe than her word, (he tells her that (he had borrowed it indeed till Monday, but her meaning was, as the Iri(h phral'e has it, till Monday after the day of eternity, or as we fay in Englifh, on Monday come never on a wheel* barrow, (behold the great antiquity of equivoca- tion) and thus we have made a (hift to keep our borrowed lake to this day. I will not overburden the reader, with the many pleafant arguments our natives make ufe of, tojuftify this (lory, as that the place is yet remaining and to be feen in Con- naught, whence this lake was taken ; and that a certain church in an ifland in this lake, the walls whereof yet remain, was heretofore a parilh church, having been of ready accefs before the lake was placed here, &c. for it is rot enough, that we ourfelves believe this ftor> infinitely, hut
we would fain be thought fober and grave in
{o
JOQNTT OP WEST*MEATH. M
to doings and by our worfliipful reaioning make all die world as wife as oui felves.
This lake is fituated in the heart of oar coutw ty, and ahnoft in the very height of it, between the baronies of Corkery and Moyalhell, diftant ft kurge ntile from Muilingar, and Northward of it, a very fcuge k>ng and high feated water, and on every gale of wind, very tempeftuous. Here is abundance of all forts of fifh. above- named, fiilnnon excepted, the trouts hereof are the beft and hrgeft in Weft-Meath. Of this water, this is partfcniarly obfervable, that it fendeih forth continually two Areams or rivulets, receiving none into it, except a very fmall one at Portnefhang^ wh«ch at every drought is dry. One of thefe flreams, being the kginning of the Brofny be* fore-mentioned, runneth out at the South end, and is by the natives called the Golden Hand, or arm ; Golden the other iflueth out of the Northern end of the"*^ hke, and is by the natives called the Silver Hand, silver or arm. TUs filver ftream is of a very ftiort^*^^* courfe, not full a mile in length, and yet it turneth five overlhaft mills, whereof the leaft hath a wheel tweh-e feet diameter ; and one might have a wheel of eighteen feet, bcfidcs which, feats might be found with convenience for more mills, if our country could find them employment. Thefe mills aie perennial, never dry, not in the grcateft droughts I have feen. This brook finifli- eth its (hort courfe, in the lake called, Lough-Iron, vhereinto it falleth at the South end ; and at the north end mingles with the Inny, and together with it, f^Us into the Shannon. Hence, and from what hath been faid of the courfe of the Brofny, the Inny and Shannon, it is manifeft, that this
C Lough-
si A DESCRIPTION OF THE
X/>ugh*Foyle, with its two arms and the Shannon, embraceth half the county of Weft Meath ; fome part. of the county of Longfoid ^ and a^ part no way inconfiderable of the King's county • of aO whichy it maketh one entire com pleat ifland, eve- xy day in the year. This is a renoark^ nut ob- served in any chorographical map I have feen df this cou.it} : no, not in Sir William Fee ty*€ great map of Ireland. Digreffi. Wtiuevti conCders the great quantity of wa- rn cob- ters, that continually liieia thistake, which wc 5^^ Jhavc reprcienicd in theie two rivers, always waters, ftreaming from it ^ may juftly wonder, w hence the fund or fource thereof ihould be. If it be Xaid, it is from the Tea, from vv hence the waters by fecret paflages,ftreamingand percolating thro' the boweU of earth, lofeth its brackifli faltnef^ land becometh pleaiant and healthful, both for the tife of man and beaft, I oppofe it not. Never* thelefs a great difficulty ariieth on this hypothefis. Fox iGnce it is a known and received maxim in hydroftaticks, that water, uniels forced, will not rife higher than its firft fource or head ; how ihall it rife in this lake, in a place feemingly much higher than the fea ? For if we confider \^ hat jfalls this water bath in its Silver arm before-men« tloned, even in the fliort courfe of one fmall mile, and after when it incorporates with the Inny, in the feveral weyrs, over rocks and precipices, as dt Shrewell, Newcaftle and elfewhere, before it reacheth the Shannon ; then the whole courfe of that river and its falls, as at the bridge of Ath- lone, Fortumny, the great cataract at Killaloe, and elfewhere, in its whole courfe, until it arrives at the fea : we may modeftly enough compute,
that
COUNTY OF WEST-MEATH. 19
that the waters rifing in this lake are more than twp-thoufand foot, in perpendicular height, abaye the liem, where the Shannon falleth into it. Noir' if the former rule hold good, vh. that water rifeth not higher than its iirftfource, it follows either that thefe waters rife not from the Tea, or that the Tea muft be fomewhere hi^r than at the inflex of this river into it ; that fo by its additi- tionai weight, the waters may be forced to rife in this lake.
That all waters come from the fea, either by All wm- exhalation or percolation, or both, is plain, not ten from only by proof from Holy Writ, from whcncethe"** **• beft faints even of natural pliilofophy may be ti* ken ; but by the unanimous confent of all writers, that I have met with. And that the lea is in fome parts higher than the land, we have argu-3^ ments from the experience of mariners, who tellli^hcr us, that (hips fetting to fea, tho' with a favoura-^*j ** ble wind and tide, go out much more flowly,^/ * than they come in from it to harbour, thp' they come with a lefs favourable 'gale: and the reafon given is, that fetting out, they (ail againft the height and as it were up hill, but coming to- wards land, they fail with the height and as it were down hill, and confequendy make the great- er fpeed. They tell us alio, that from the tops of their mafts, they are able to defcry a diftant (hip, whereas, yet below on the deck it is not vifible, which, in all likelihood, would not be fo, if the Tea lay on a level ; the reafon feetning to be no othei^, than that the arch of the hill-rifing fea oppofeth, hindering the view of the diftant fhip from the deck below, which it doth not to them, that are fo high raifed as the top maft, inafmiichas at that heighth,
C 2 they
20 A DESCRIPTION OF THE
they may be taken to ec^ual, if not fur mount the height of the interpofing arcl^ ; and indeed to ^ the naked and unafTifted eye,, the fea (eemeth higher at a diltance from lane), than it doiea near the (hore. Taking it therefore for grapted^ at the prefent, on thefe grounds that this is thus, the great enquiry is^ whence it cpme$ to pafs, that tl)e fea doth not o\ crflow the land ; at leaft thefe pa^ that lie firft ai^d nigheil expofed to it. GMieTif We find that in the third day's woil; of the cb. i.o. creation, God 1$ iaid to have thus commanded. Let the waters qnder the Heaven be gather^ • together unto o(ie place, . fiqd let the dry land ap- pear ; where by th^ yfuy^ the earth at this tiipe fef ms to have b?e(i overwhelmed with waters ; and elff w^r^ we f^nc^ it is faid iq Holy Writ, th^t he hath fet bounds unto the fea, ia^ing, hitherto ihalt thoii come i^nd t\o further, and l^ere (hall thy J*3^ proud wave^ be ftayed. And indeed, whoever ^ ' confidershow incpnfiflcnt and (lai^ a bo^y of water i? ; how readily jt fpre^^ls, if not pent i^p or bounded, will eafily grant, that it can be no lefs thari the hand and power of Almighty God, that (lints and keep$ up the oceat) within bpunds ; efpecially fmce we have g^;antcd, on the reafon before alledged, that the fea in fome parts, at leail ' where it is moft diftant from land, is perpendipv* larly highpr than the land. Whofoever confiders this, I wy, may think it well worth his enquiry, by what ways and means, this Almighty hand pf Providence thus fufpends or heaps together, thofc {o vaift and unwieldy bulks of unfteac^y w^ter, which we call the oceans : for as that great phi- iofopher, the lord Verulam faith in his advance- ment of learning, that final or material caufe^
are
COUNTY OF WEST.MEATH. 21
arc not fo fitly the enquiry of a philofopher^ ai formai and efficient caufes arc. Since therefore, We -do not aferibe this dupendous aft of God's trovidencc to a miracle, that is, to his over-ru- Hng pbwer, whercbN he, whofe ways are paft find* ing out, a£ts fomething quite without, befides, or againft all natural caufes ; it may perhaps be looked upon as no undutiful part in us, to cndea* vour modellly to fearch into the caufes, methods, or ways, which he in his wifdom takes, for eSe£t* ing this fo wonderful a phoenomenon. For caufes of this, nature, when found out, or per* haps but narrowly fearched after^ oftentinnes mi- nifter matter of praifing, admiring and adoring the infinite abyfles of his wifdom and almighty power. If it be true, what fome affirm, that Ignorance is the mother of devotion, it muft be only of fuch blind and fupcrftitious performances, as fuch men endeavour to beget in their devotions. For certainly, a true and generous admiration and adoration of the goodhefs and wifdom of God, can never have rifen from dull ignorance, or blind* nefs ; and t remertiber our late cited author, the iiluftrious Bacon, writes fomewhere to this purpofe \ that a ftiort, dull, and (hallow enquiry into the natural caufes of things, or (which is the fame in dSedt) a flight and fuporficial knowledge in natural Philofophy, tends to Atheifip and irreli* gion, v^hich I place but one. degree beyond igntf^ ranee, or rather look on as an higher improve* ment thereof ; whereas a full, flrenuous atid 4cep fearch after the caufes of things, tends directly oot only to the finding out that there is a God, but th« adoration of him when found. And thus it was truly faid of the heathen Phllofopher^ that man Is
the
aa A DESCRIPTION OF THE
the prieil of nature^ that is» who, on all occafions, <>flfereth up unto Ms maker facrifices of praifes and thankfgivings, for thofe excellencies he finds out in his fellow-creatures ; and thofe wonderful operations they perform, tho* they be altogether mfenlible of thefe aftings themfelves.
To endeavour therefore to give fome probable hint, ifitmaybe, towards folving this great pro- pofcd difficulty, why the vail ocean, being granted higher than the land, doth not overflow it ? I have confidered what I find very ingenioully propofed and fufficiently made out, by the no lefs learned, than truly honourable virtuofo, Robert Boyle, Efq; in his tra£t of Phyficomechanical experi- ments, and that is, that the air hath in it both weight and fpring, or a continual endeavour of expanding itfelf. This fpring, the fame author makes out to be flronger which is here near the earthy than it is higher up and at greater diflance from us, being increafed here by its own weight, as we fee in artificial fprings, the more we ftrain or pftfs on them, the more forcible are their en- deavours of refiftance or expanfion. By thefe two properties (which in his faid work he makes out beyond ekception) of the air, he folveth all the phaenomena that the world of phiiofophers before him thought fufficiently anfwered, when they told us, for iniiance, that heavy bodies under fuch and fuch circumflances, will, of their own. accord, ftlfpend as it were their own innate gravity, and rftdily move upwards, to prevent that great evil ff a diaifm, hiatus, or vacuum in ndture, herein ifaibbig to fenfelefs and inanimate bodies, the operation' of election and underllanding ; for, oi fiurn (^ert wn eft nifi JoHus natura mteU^entis :
.- • ' but
CODNTT or WEST-MKATH. 23
but to him who well cxmfiders and weighs whtt our faid author delivers in his faid excellent piece, it is manlfeft thar they move upwards in fuch channels and under luch circumftances not of their own accord^ but as they are impelled and forced by the fpring and weight of the outward air, where the counterbalance of the air, that be* fore was within, is removed. For clear mani- feftatton of thisdodtrine, I refer my reader to the' learned author's work itfelf, wherewith whofoever (hall not reft fatisBed, I requeil him to produce .. a more rational hypothefis, or elfc in plain terms Itt him aflert, that the fucker in his pneumatical engine (which being let flip, when the receiver was abnoft emptied, did with fuch impetuofity and hafte afcend) was an inteUigrat animal ; or, if he like not that, let him go ft wool-gathering . with Moor^s Aniraa Mundi, or enjoy the fancy of Liney*s invifiblc unaccountable hooks and wires ; for my part, I fliali here take for granted and lay it down for an uhcontrouied principle^ that the air, or atmofphere, hath thelc two pro^ praties of weight and fpring in it.
Now on this ground I proceed to confider the whole aggregate gfobe of the earth and water, ia. tliat ftate we may fafely imagine it was in before the Almighty pronounced thefe words before cited in the work of the third day ; or, if you pleafe^ af it was during the height cf Noah's flood. And : thus we may fuppofe the wliole earth cov^cred wititt . water, as the text plainly fliewedi it was. In the'^ next pbor, fuppofe here the whole atmofpttene,- or body^pf «ir, now beginning loisdfc; on fbe aggre- gate of .eavtb and water, which it encompafleth on all^pan^ by ^hefprccp^ita^jpriiig^ |iad prtffui*^ r of
24 A DESCRIPTION OF THE
oi its weights, it is manifefi that the earth being 0 body confifient and compaA, whofe parts will not eafily feparate, or give way to the activity of thefpringand weight of the air, (hall iUUkeep its own place, and the fituation of all its parts intire, notwithftanding the effort of the air upon this aggregate : whereas on the other fide, the water being a body fluid, and whofe parts eafily feparate, may well be fuppofed to give way to this now inenmbenr weight and a^vity of the ttmofphere, which if it do, it cannot otherwife do it, than by receding from fome parts of the eardit and confequenily rolling back upon itfelf ; or, as the expreifion of Holy Writ runs, by ga- thering together unto one place or portion of the e«rth. And thus gathered together, it feems, to be even at this day ; for whoever views the whole habitable continent, as reprefented in our geographical maps or globes, fliall fee it lie. in form of two great iflands (for whether the ex* treme North and South parts be land or water is noty^t certain, and eadi alike to the matter in hand) and the ocean aa one great water, bounding it every where. Now this operation of the air, ilill contmuing en the whole fphere and acting uniformly, will not ceafethus to drive and force the waters from the face of the earth upon them- felves, till the air and waters be brought into an eqnal balance, that is, till the power of the weight and fpring of the air can force no more waters from the fkce of the earth, nor raife them higher, nor ke^ them Aifptnded if they were higher rtiftd. For it is manifeft, if we fuppofe the weight and fpring of the air, really to furmount. Of )ntt equal the we^^htof the water, the opera«>
tH>l|
COtJNTt OP WESt-MEATh. 25
tion would not have reded where it does^ but th6 air would have removed the waters quite from the face of the earth. The infinite wildom of thd Almighty having (for (he advantage of the whole) fo proportioned and balanced the weight of the one^ with the fpring and ^ eight of the other, that there is yet water enough left in the Tea, to poifeffl and fill his decreed place which he brtfke up for it, and yet are they not fo high raifed, but that the weight and fpring of the air (which as doors and/ob»3S. bars he hath fet to it) are fufficient and ftrong^^ enough to fufiain and lock it up from overflowing the face of the earth : a confideiation, though but in this one inftance, fnfficicnt to (ilence all athe- ifiicalcavils, and eternally to open the mouths of the admirers and adorers of the infinite wifdom of the Ddty, in fongs and praifes of thankfgiving. For further dilucidation of this matter, 1 (hall inftance a part only of the vaft ocean, as under the mentioned circumfiances. Let us therefore take that limb thereof that interpofeth between our European (bores and thefe rpi ofite in Ame- rica ; fuppofe we them both covered as before with water, and then the air, by force of its fpring and weight, afling as before on them, the effcft can be no other than that the waters that cover Europe (hall be driven from it towards the American (hore, and at the (ame time, and by the fame means, (hall the water that covereth thefe parts of Americai that oppofe us, be driven thence toward rtis : the effeA of the whole operation can be no other than that the waters muft rife higheft between both (hores, even in the mid (t, and there remai^n fuf- pended, or heaped up, when fartheft from thci land i ajid this is the thing I contend for. Thua therefore we imagine the whole ocean to be r^fed
26 A DESCRIPTION OF THE
and fufpended between its oppoiite (hores, every where in form of a rifing^ or every way banging ground in the midft of a plain ; or, if you pleafc, like an higher raifed ridge, between two others that are flatter and lower than it. I ftiall yet at- tempt further to illuftrate my appreheniions iii this whole matter^ by inftancing the operation of the air in one of the fmaileft portions of water. Sup* pofe we then, but one drop of water trickling down from an height and hanging on the point of a reed, not yet grown weighty enough to pirt with it : you may perceive this faid drop (during the fufpenlion) to hang in (hape and form of a fphere or globe, and in this form to continue, even when it falls, until it reach the ground. Now I a(k, why is the form or (hape of this drop fpherical i I remember an ancient grave perfon* well read in the philofophy of the fchools, did long fince with a compofed countenance, and ma- gifterially enough, anfwer me to this very quef- tion, much after this manner : Sweetheart, thou muft underfland, that this fpherical figure is of all other the moft entire and compadt ; this drop of water therefore cafls itfelf into this figure to pre* ferve all its parts entire, for it is not pofTible that in any other figure a quantum equal to this drop, can contract all its parts fo near the centre, as in thu form. This he fpake with gravity and referved- nefs, enough to have filenced all oppofition from one of my llation at that time. But to return to his anfwer. Is not this the fame error I not long fmce reproved, of afcribing to inanimate bodies a£tions of reafon and choice i Is not this plainly, as the poet hath it, cum ratione infanire ? However, with this anfwer coming from fo grave a fenior^ to
whom
. < J
A-ithin the narroweft and moft imaginable laiS of all bounds, even ihat of a fplicrc. It for anfwer to this queftion. Let us look; itdrop, or fmall portion of water, as it is fid in the open air, bounded every whereby Ij winch endeavoureth every way to expand ; it is very eafy to conceive, that every mi- part of this water feaii be forced by the fpring It portion of the air which bears upon ityfrom ir itfelf, and confequently inwards upon itfelf. It all parts being at once fo equally born up- »th under, over and on all fides, the rcfult !s aftion can be none other, than to cad bail quantity of water into our mentioned ical figure. This will appear yet farther if dee this drop and lay it genlly on a hard , as a board or flone, youlhall 6nd it will sdiately alter the (hape, and become from a e to an bcmifphere. The reafon being, that tiding or leaning on the harder body, the air DCS excluded from thefe parts that touch, I being now no longer a£ted on b; the air, luid body, from its own wdght, fpreads.
it A l)£SCRIPTION OF Ttlt
fttll Its globular figure in the hemifphere beford mentioned.
But if after all thift, dur drop begtftken and laid on other water^ it then itntntmzxtlf difappears^ for mixing and incorporating into" its congenitc liquor, all the parts of it are excluded firotn the a£tion of the ai/^ unlefs we fuppofe the upper-' moft of all, and thore;.(if any protuberance you will imagine yet left) will forthwith be deprefled into an equality of fuperfides with the former water* But 1 apprehend, fomeone may objeft to all this, that I take on me here to illuftrate^ the effort of the air, on the greateft imaginable quan- tity of water, from what it worketh on the leaft, and that, altho* the fpring and weight of the air may be imagined to have fuch a power over fo fmall a portion of water, it is not reafonable to imagine it (hould have the like, on fo great a bulk, as is the entire ocean. To this 1 anfwer in fhort, that the mentioned effort of the air, on one fmall drop is of no more parts of air, than what imme* diately furround it. Hence therefore I infer, that if fuch be the effort of fo fmall a portion of air, on a portion of water, equal to it, why may we not imagine that the whole atmofphere, or the whole united body of the air, that (urrounds this aggre* gate of earth and water, which bears yet a greater proportion to the ocean, how vafi foever it be, may have a conformable operation, on the whole waters expofed to it.
I (hall yet attempt one inilance more. Fill a glafs or other veflel, with water or other liquor, till it be full, and if you yet continue gently to pour on, you will find that more liquor will yd( be heaped on the glafs, than really the glafs doth
contain,
COITNTT OF WEST-MEATH. 39
coDtain, even to the height of the tlucknefs of a gnin of berleyt or more, and there it will hang, on the fubjaoent liquor in the glafs, which I fup* pofe to be wh|it Virgil meaneth, by his vina mro^ fimu. The reafim of the liquor being thus fuf- pended, and not falling o0*, I uke to be none jother, than what we have been all this while dif- jcouriing, and need not here repeat. But if you ihall attempt to pour on ftili more, the liquw will jife,'tUl it hath attained fo high above the lip of the glafs, that the weight of this heaped water, begins now to over-balance the weight and aflivity of the portion of air that hitherto fuftained it» which is no . more than what equals the periphery of the glafs itfelf ; and now by r^fon that the fpring of the l^ir, is overpowered by the weight of the over- heaped water ; it is no wonder to fee the liquid body di^ow and fall off, which it had done at firft, if it had not been been upheld and forced together, by the fpring of the air. And now you may be- hold the water continue falling off *till the over* balance, or foipewhat more be run off, and then figain it ftops, and that before the heaped liquor be quite got o^; for pow again, the effort of the air prpygiling, it checks the remainder and fup* ports a cpnfiderable quantity of water, after the bead is brought to an equilibrium, or perhaps under it, with the portion of air that adeth on it. I (hall here ceafe from farther ioHances, and if by this time it may be granted, that the ocean is fuftained and fufpended by the weight and pref- fure of the fpring of the air, to any pitch above |he higheft mountains in land, and thereby with- held from returning and overflowing the fame, it will then be eafy to anfwcr all the cavils that (ome have brought, againft the polfibility of fuch
an
i
30 A DESCRIPTION OF THE
an univerfal deluge^ as we find recorded in holj writ to have been in the days of Noah ; for if wi (hall fuppoie, that it pleafed the Almighty ^t that time, but to lufpend or withdraw, forthepum<^
Daniels, ment of mankind, the weight anda^vity dfthc air, as we feehedid that ofthemoft fubtile and vio- lent of all natural agents, that we are acquainted with, even the leven times morethanulually eJDcii- ed fire in Nebucbadneztar*^ furnaoe ; \h hat can be then imagined, but thefe vail heaps of w^ater being now no longer fuftained or prefled together by the counterpoiie and adtivity of the aimofpheie, (or if we may make boki with the fbrementioned expreifion out of Job) the doors and bars which the Almighty had fet unto the vail ocean, being now opened and withdrawn, thefe waters, I fay, muit needs (as it were; of their own accord, from the law of their innate weight and iluidity , dif- flow, fpread abroad and prevail over the face of
7/T1.* the earth, as we. read, they then did. And who knows if by the fountains of the deep, that are faid to have been then broken up, any other matter or thing be intended, than this great ir- ruption of waters, on the withdrawing the adti- vity of the atmofphere. And if all this be ixha- gined too little, (as perhaps it was) to beget fo great a deluge, as that was, for it is faid, that the higheil mountains on earth, were covered fifteen
Vcrfe 1 9. cubits deep ; Behold then, hereunto added, the
^°- auxiliary waters of thefe vaft cataradts and fpouts, that fell for forty days continually.
Ef^ wmprofunt Jifigula^ junOa juvant. Ovid.
In union mighty, though, divided, weak.
Again,
COUNTY OF WEST-MEATIL 31
A^n, (which fiill makes for our Hypothefis) .we find, ch. 8. when it pleafed God the waters Ihould abate, it is faid that God firll made a wind ID pai's over the face of the earth. I fuppofe all 'knen conclude that wind is nothing elfe than air, forced or driven in fuch a channel ; and I believe, no man of reafon will imagine, that the activity :of the fpnng of the air, which we fuppofe now «gain rehoied, was any way impaired by its being mow itfelf, put into a more brifk motion. Add %ho knows, if by the wind here mentioned, be inot intended, this very thing I drive at, viz. the . vdgbc and fpring of the air, now not only re- ftored, but invigorated on this extraordinary occa* r fion, we fee the efie& followed, for it is exprefly i ikid, that the waters returned from off the face of the earth, continually. Behold we here the uni-^^ ^" ^' ibrm effetft of the weight and fpring of the air rr- [ turned, an tficA^ furpaflSng the power of the mind, if we fuppofe it void both of fpring and weight. To my imagination, not only the whole cufiCnt of thefe texts feem fully to confirm our Hypothe- iis, but the Hypothefis itfelf Teems plainly to ex- pound what elfe is dark in them ; and certainly that is fuch a connexion between the word of Gv.d and bia works, that they bed elucidate one an j- ther ; and tho' the main current and defign of the holy fpirit in the fcripture, is chiefly the delivery of fuch truths, as being aflented unto both in the- ory and practice, render a man happy, both in this life and that which is to come, yet, exfupcrabun- dsnt, we have in them, not only the beft pre- cepts of moral philofophy, but intcrfperfcd fucli excellent hints of natural philofophy alfo, as vhen rightly apprehended, lead us to a more ex*
celleiit
32 A DESCRIPTION OF THE
oellent and certain knowledge of the works of nature, than all the mighty voluminous writings of many of our modern commentators on Ari- flotle, can do without them. But this by the by. Now therefore to draw towards a conclufion of this matter. If on all that has been faid, it be thought fit to admit, that by the efFe£t of the air, on the water in the ocean, they are higheft raifed, where farther diflant from land, then it it eafy to give an account how the waters here in l^ugh-Foyle, asalfo, in all other places elevated fo high above the fea, at the influx of their feveral torrents into it, may be faid, and that without in« jury to our forccited H>droftaticai maxim, vis. that waters rife not, unleft forced, higher than j their firft fourcc, to come from the fea : for it is clear as what hath been faid, that waters heaped on thcmfelves may, atdiflance of many leagues, furmountour propofed heighth of two thoufand foot; if fo, then the higher parts of thefe heaped waters, prefling on thefe fubjeded unto them, as our foremcniioned accurate author makes manifeit Afr.Bojrle^}^ jjo^ in j^jg Hydroftatical experiments, con- trary to the axiom of the fchools, Elemema nongnf vitant in propiis lods. Thefe lower parts, thus prcff- ed, when they find fecret paflages and pores in the caverns of the earth, are through them forced by that higher and greater weight abroad in the ocean, to rife and fpring wherever their conduits lead them, (as for inftance in this our lake) and itream from them continually.
And now at latt, for anfwcr to our great propof- ed queftion, why the water in the ocean, being on our Hypothefis higher than the land, overflow it not. It is eafy to conceive, that that power in
the
COUNTY OF WEST-MEATH* jj
the air, that we now fuppofe able to force back and heap up the waters on themfelves, isalfo able to keep them up and fufpend them^ where thus forced back. And to put us out of all fear of their returning to overflow the earth again, we have the pfon.ife of the AJmighty, in this cafe^*^fi» exprefsly affuring us, that the waters (hall no more ^ '^' become a flood to deftroy all flefti.
I have in this difcourfe^ adventured to expofe thefe fentiments 1 judged rational to infer from the principles laid down to my hand, by that truly able and excellent author beforenamed, de- figning not in the Icaft to impofe upon any ; ne- verthelcfs, I ferioufly offer to the reader, what I find very ingenioufly propofed by the poet, for his imitation ;
«Sjf ^iit furoifii reliius tfiis^
Candidus imperii ; Ji non^ Ins utere mecum.
Hon;
If a better fyftcm's thine.
Impart it frankly, or make ufe of mine.
Francis;
And now for clofingupthis difcourfe, too long to be fliled a digreiTion, tho* it be no other, I (hall borrow a few lines from our Britilh Virgil, out of his ' mafler-piece, his paraphrafe on the onf hundred and fourth pfalm.
Tf rerum^ Deusalme^ canam^ domirmmquepatremque:
Mn^ne parens^ JanSli guam majejiate vcrendus^
j^tber'ts itternas relto^ moliris babenas.
Tc decor ^ auratis ambit te gloria pennis^
Ei circumfufiifft veffit pro t ermine lumen.
Tu tihi pro veto nittdi tentoria cdsli
Et Uquidas ciirvofujpenm fomice lympbas j
D Et
}4 A DESCRIPTION OF THE
Ei kvUms vcntonan ahs ftr immia vcQuSy Fr4tmu c€u akres vobtoMits miHU cnrms^ AppofiKt aum3^ oMnt fiamaHUNpu wamfir^^ Utjufia acapicmt. Sou mtUo moUUsitoo Terra^ fuperfdid^ mstm fmuknmna wwhs^ PoOemifiaUiia wuam^ terra obntta qmndam Fhilthm^ utfujofuper ardua aUwma vdo : Sed fimuliiUTefua tua vx^ tomtrtique iremeni^ h/tmuere mtrst^ pmlaiim afcendtre momtes Orntre erat^ Jenfiwupu caixu fubjultre vaJks^ Aque cavas voiles irepidas deeurrere Ijmpbas. Neve iterum hnmiffa tellus fti^naret ab unda^ Undlibiu compreffa fids rejomaaia femgit IMtora^ prejcripeas voUtans tranfcendcre mctas.
BCCHAN.
Awake, my foul, to hymns of praife ;
To God the fong of trinmph raife.
O clothed with majefty divine.
What pomp, what glory, lord, are thine !
light forms thy robe, and round thy head
The Heav'ns their ample curtain fpread.
Thou know*ft amid the fluid fpace
The ftrong-compadlcd beams to place.
That proof to wafting ages lie.
And prop the chambers of the (ky .
Behold, aloft, the King of Kmgs,
Borne on the wind's expanded wings,
(His chariot by the clouds fupplied,)
Through Heav*ns wide realms triumphant ride.
Around him ranged in awful ftate
Th' aflembled ftorms miniftrant wait ^
And flames, attentive to fulfill
The dictates of his mighty will.
On firraeft bafe uprear'd the earth
To him aicribes ber wondrous birth.
He
k
COUNTY OP WEST.MEATH* $$
He fpake ; and o*er each mountain's head The deep its watery mantle fpread : He fpake ; and from the whelming flood Again their tops emergent flood ; And faft adown their bending fide ^^
With refluent ftream the currents glide : AwM by his Hern rebuke they fly. While peals of thunder rend the (ky. In mingled tumult upward borne Now to the mountain's height return. Now lodg'd within their peaceful bed Along the winding vale are led. And, taught their deftin*d bounds to know, No more th' affrighted earth overflow, But obvious to her ufe (their courfe By nature's ever copious fource Supplied,) refrefh the hilly plain, And life in all its forms fuflain. MsftRieiC.
And now toreturntoour Silver Hand or flreanlf iffuing, as we faid before, out of the northern end of Lough- Foyle, whofe many falls, in fo fhorta courfe, hath led us fo long a dance, 1 fliall give one remarkable paflfage concerning it, which you may take on my own certain knowledge. la a very cold feafon, about twenty years fincc, Lough- Iron, Cwhereinto I told you this brook falls) being frozen all over, infomuch as men and horfes went over it without hazard ; this Silver Hand, when it had attained the lake, held on its courfe, I may rather fay channel, thro* the whole length of the lake, liquid and unfrozen ; and, which ii more to be admired, the flagnant water of the lake itfelf, continued frozen under the liquid running ftream ; infortiuch as both men aiid women, with horfes leaden, did, at that time, fafe* ly walk on the ice, thro* the flream. I myfelf, be*
D z lag
^ A DESCRIPTION OF THE
ing one, walked ancle deep in the water on the ice, where I am certain, there was of ice and water together, the depth of no lefs than fifteen foot. This continued thus for many days, during the cold feafon, and feeming to admire it, I was told by an ancient and grave perfon, that it had been fo once before in my grand- father *s days : and tradition tells us, it was once fo, when the monks dwelt here. The caufe hereof may be, for that the water, by falling over fo many precipices and mills, in the (hort courfe before defcribed, hath its fpirits fo excited and made aAive or tremulous in it, fo as that the cold cannot fo eafily fix the parts thereof, as of the more dull, phlegmatic and flagnant water in the lake itfdf, as we fee running rapid dreams do not fo readily freeze, as more quiet water. This I offer only by way of guefs, for I confefs, I know not why for this r<afon it fhould not be always thus in great fxoRs s and yet I have feveral tinKs known this ]bke frozen over, without any appearance of thi$ fireunonit. But I leave the more accurate and nic^ inquifition into this odd phcenomenQn, to the curious witsof diis inquifitive age wherein we live. And now to return to Lough- Foylc, whence jwe have a long time deviated . Towards the fouthemend of it there is an ifland, before-mcn- tioaed, and in it a church, faid to have been of eld -a place of pilgrimage. In our lafl, long and Wihappy wars of forty-one, towards the latter end thereof, when the power of our Englifh arms bcgap to prevail in this country ; this ifland was made a^rrifon, or a place of retreat and fafety jS:Mrihc nutivesy who hitherto, and to all fuch like pjKices^ JSockfid for fecuring their perfons and
COtJNf T OP WESt-MBATH. 37
gpodii until they could make their cotnpofidon. From this ifltnd then, were fent two men in It cot to bring in turf, from a neighbouring bog where it ftood ftacked up and dry : having loaded their oot, they took in a young woman, whom Aey feated in the midft of the cot upon Hie turf, and liimdied forth. It fortuned the cot iprung ao aaafual lake, and before they heeded it, h was more than half full of water ; the men piled the heft they could to get to land, but the water prevailed fo that the cot funk ; the men not ikilful in fwimming were both loft ; die woman, in (o great a conftemation, giving herfelf for loft, endeavoured no way to fave herfelf, but fat fUll widiout motion and almoft without (cnCt ^ yet it pieafed the Almighty, who oftentimes wonder* fidly and beyond hope appointeth means of de* liforance, when the cot funk, (he continuing ftlll in the pofture (he was firft feated in floated, fat fo much of the turf remained united under her coats 88 buoyed her up, and there being no wind on the lake, file continued floating, until that by another cot, fent out frorh the ifland, Die was received almoft fenfelefs into the fame. This ftory hsA been confirmed to me, not only by aii eye witnefs, but by one of thofe, who in the other cot reKeved her ; and I am told the wonian is yet living. This paiTage verificth, that of the poet, tho* in a fcnfc different from his, for had ftic en- deavoured to fave herfelf, it is like (he had efcajp- ed no better than the other two did :
Um/abis villis^ nuIJam [per are fahtm. Vi R O •
Catch one laft beam of iafety from defpair.
Pitt.
Hence
38 A DESCRIPTION OF THE
Hence let us look a little to the north weft, an*
U Iron. \if^ meet with Lough- I^on (of which fomethin
before; not a full mile dtftant from Lough-Foyle
it is in length, from north to fouth, a full mi
and more, in breadth not half fo much ; it*s naa
need not be Englifhed, but, as tradition goeth,
hath it on this occalion \ it is faid, that of o
here was no lake at all, all wood, meadow ai
woody pafiures, only our Silver brook, aflifted I
feveral fprings from the neighbouring ground
watered the low ground in a fmall rivulet, ov
which by ftepping*ftones was a paflage for foe
'men : a country farpier paiiing near, chanced
drop his plow-irons, which he was carrying
the forge, in the brook ; hence it got a nan
which in the Iri(h tongue founds, the iron-brool
this name held ftili, for when the water af
prevailed over the low ground^ the nacne ^
altered tothat of the Iron-lake. This ftory I co
^ fels looks fomewhat odly, favouring of thofe i
bles that our old traditions abound fufficien
with, neverthelefs, it gaineth much on thofe w
know the lake, and the bogs and low grour
that are about it ^ for firft this lake is not fo de
as moft of our lakes in this country are, for it
no where above (ixteen foot deep, whereas 1
ihalloweft ofpur other lakes are fo many fatb
and more. Again towards the banks or marj
of it, (firand it hath none, except where the In
falletb into it and near it) are feen under wat
trunks and ftumps of trees, efpecially near i
verge where it is (hallow, lying in the mud, a
indeed the whole bottom of the lake is nothi
but mud ; and, what I efteem a very great e
dence in this cafe, I myfelf have found in our fli
I
COUNTY OF WEST-MEATH. a»
low water near the banks, and taken up, (tags boras much decayed and rotten. After all this, at the northern end of this lake, where the Inny run- neth into it (as aforefaid) in a fair, calm and clear fummer*6 day, you may be able to trace the old channel of the Inny, and plainly difcemin eight or ten foot of water, the antient banks the river had, 00 both Gdes thereof, before it overflowed and drowned all. Hereof I myfelf and many others, are witnefles. This fo unufuala metamor* phoiisyfeemstometo have been occafionedby fome fubfidence, or fettling downwards of the land, tlio' it occur not readily to guefs at the caufe there^ of, and may confirm and be confirmed, by what of thTs kind hath been written, by antient and modem cofmographers, in their accounts given of other countries. Of the like changes of habi-^ table places into Handing pools, the poet &ngs.
Si qustras Heliten et Burin acbaidas urbes ; Irruems fuh aquis : Ovid Ma t^.
If Burin and Helice (Grecian towns)
You feck, behold the Tea their glory, drowns.
Sandys.
In the ditches that have been lately cut in the ikirts of this lake, are conftantly, from Septem-" ber to March, found in an incredible abundance, the fry of young filh. A youth, one of my fons, about feven years'ago difcharged a fmall piece at this fry in the water ; of this (hot were reckoned, that floated and were fcrvcd up to^thc table in one di(b, of young roach and bream more than two hundred and fifty, befides more than fixty that funk and were told as they lay in the mud at the bottom. This hath feemed incredible to all that
ever
A DESCRIPTION OF TH£
ever heard it^ yet hath been attefted by the Right Kev. the late Lord Biihop of Meath^ Mr. Robert Ware and others then at m> huuie^ and to toy cm certain knowledge is no tiCtion, whoftood by wbea fte gun was difcharged and law the fi(h wbea told out. But what to me icemed a greater won* der isy I did not find that many of the (lain wci« t^ounded, and I imagine if any were, they weie tfaofethat funk. Moilofthefifli that wereta* ken up feemed whole and untouched, only t few feemed fcratched rather than wounded oa their fides, by the (hot that had grazed on themi infomuch that a man might juftly wonder, how they became bereaved of their lives. This 1 con* €eive to have been occafioned by the fudden im« preffion and violent coiiciH&on of the ambient vater on the fi(h, from the like made in the con* tiguouaair, by the violent irruptbn of the ignited fulphurondilchargeofthegun. But ihe great dif- ficulty fecms, to determine what noble part of the fi(h it was that was fo affeded, or vitiated on the difplofion, as to exanimate them fo (uddenly. I find that all thofe fmall tifh, and many other (if not alU grcit fi(h, have within them between the heart and back-bone, a fmali bladder full of air in ihape fomewhat refembling a long egg, which fome^ for want of other name, call the fwim | the office of which, I take to be to counter-poifc their own weight in the water, fo that by contraft^ jng or dilating it, the fifh may at plcafure, with aafe and readinefs, move higher and lower, on this or on that band in the water. I find alfo, that to outward appearance, their brain feemethto be as thin almoft as water itielf , and even as it were an
oily
COUNTY OF WEST-MEATH.
oily moifture^ and confequently more eafily reoep^ tiveof aiteiatioD in its texture, on the rapid con- zui&on of the water before fpoken of. Hence I tm apt io deduce it^ the fi(h which floated, were vitiated in the brain, by the fudden and violent [TOpreffion, made in the water before mentioned % ind confequently fo fiunned, as to be rendered :|uite dead, or at leail modonlefs for the time, vhereupon their mentioned bladder, being n6 rays over-powered, by the voluntary motion of the fifli exerting its own function, buoyed them up to the top of the water, their backs as the more heavy and fleffay part weighing downwards, and of confequence their bellies upwards, as is ufual
in dead fi(h. Bnt for the fifti we mentioned to have funk, (which fcarce were a fourth part of the whok) I fancy they were fmitten in their fwims or bladders, v» hereby the included air evaporat- ing, tho' perhaps not quite kilkd, they were now ideated of their natural buoy or counterpoife to their own weight, and muft of confequence bfe for want thereof deprefTed and funk. This I exhibit only as my own conjeAure in this matter, no way pretending to a demonltration in any in- qairy fo nice -, but leave the thorough difcuffion thereof, and of other phocnomena herein exhibit- I ed, to the more accurate and philofophical genius of this our inquifitive age ; altho* I iidventure to give on them my own conjedtures.
I ihall take leave for the prefent of this our Iron-Lake, when I have told you, that we have in the margin of it, an excellent meado^v, which in the fcveral feafons of the year yields hay, grafs, fi(h and fowl. But other low grounds near our
lakes
42 A DESCRIPTION OF THE
lakes in this county, yielding the like alfo, I will no longer infift hereon, but pafs now foulhward about fix miles, to the more noble water
Lough- Inniell, the largeft and moft extended L.IimidLofall our waters in Weft-Meath, if Lough Di- revreagh and Lough-Foyle do not conteft with it in this refpedt. It is five miles long and full half as broad. The fabulous account given of the name, I (hall not burthen this paper with, but (ball acquaint the reader, that it is feated on the weft and fouth of Mullingar, and of the fame diftancefrom it on the one hand, as Lough-Foyle bon the other, that is to fay, a large mile or more. It aboundeth with all forts of fifli before- named, and is hemmed of all fides with excellent arable, meadow and pafture. On the fouth fide thereof, jetteth out into the lake a very pleafant peninfula^ being about three or four acres of ground, joined to the main land by a very pleafant neck of ground, of about forty yards long and about hatf fo much in breadth. The Cherfonefe is cloathei with all forts of foreft trees, which fill the arva except one green fpot in the centre, a place very delightful and fatisfadory to the beholder ; foe even at a diftance, it afibrdeth a very pleafmg pro^ fpe£t to fuch as travel weftward from Mullingar^ or fouthward to it. Into this water, as aforefaid, the Golden Hand of Lough Foyle, fallcth from Mullingar at the eaft end, and is united at the weft end, under the name of the Brofny. In this lake is an ifland belonging to the land of Difert, which was in fome fort fortified by the Irifti in th( latter end of the late wars, and held as a garrifoi by them, and made one of the chief repofitorie of their wealth •, yet notwithftanding it was takei
O)
COT7NTT OFWEST-MEATH. 43
tn compofition by the Englilh, who held it, until }y the treachery ofoneR) ling of Mullingar, whom die governor of it trufted with his cots, for ex- portation of goods ; he delivered the cots unto fome of the Irifti captains, who by this means in a daik night landed their men, and fet on the governor unawares, and furprifed him and his garrifon. I hear of no great (laughter committed in tbe adlion, they were all made prifoners, 'till the Englilh getting together a good force of cots^ forced them to furrender again. From this wa- ter, let us look eallward again, and two miles be- yond Muliingar, you (hall meet with
Lough-Drin, fo called from an high hill, under l Drin. which it is (ituate. This lake, one of the lead in Weft-meath, is indeed a mere (landing pool, for ooglit appearing, unlefs it has a fecret vent by fome of the neighbouring fprings, which in this tn& rife very plentifully ; it is of depth incredi- ble, yet fcarce covereth an acre of ground, and remarkable only for the quality of trouts there found ; for whoever eateth of them, falleth foon after into exceffive fits of vomiting, which con- tinueth not without pain *till the whole maw be difcharged. This account I had of a fervant of mine, who was my fifher and lived many years wiih me. But being willing to be more fully in- formed of the truth of this matter, I lately dif- courfcd with that worthy gentleman, in whofe land this pool ftands, who gives me a full confir- mation of it, and that from his own experience ; for he once eat of them, and found the operation conform to what is above related. But not con- tent therewith, for tryal, fearing fome other thing mighi occafion the vomit, he attempted yet once
more
44 A DESCRIPTION OF THE
more to cat of them, and foand the effedt at be- fore. This gentleman further adds, that a certain iiflier having taken good ftore of them, fold them in the town of Mullingar ; coming thither again ivilh more of the fame fi(h, he was laid hoU on by the inhabitants, and well drubbed for his ]iains,hb fi(h thrown about the ftreets, and with miidi in* treaty was he permitted to efcape with unbrdcoi bones. Enquiring at thecaufe thereof, the faid gentleman told me, that before the rebellion of
1^41, one St. - - ^ Vcale lived at his father's
tenant at Monylea near this pool, who drew a drain from the river Gain up into this pool, by which the trouts then got up to this water. He farther adds, that this drain not being kept open, hath fo grown up long fince, as that the trouts are therein intercepted, and fo pent up in the poni from running water, as that they are hereby alter- ed and become emetick. This he gives as his ac- count hereof, wherewith I am not fo fattsfied as to take it for the folecaufe of this quality in the fifli, altho* 1 deny not but by accident it may contri- bute unto it, if it be true that before this drain made, there were no trouts in this water, whidi this llory feems to infmuate ; I rather ima^ne there may be fome mineral fprings in this water, that may have fecret and undifcovcred vents. Thefe fprings, probably are not without gravd where they rife, in which this fort of fifh is known to delight. But this fnppoiition of mine* ral fprings, being but a meer conjefhire, I fhall not enter into the enquiry how far the feeding of the fifh in fuch fprings, might alter their na* tiu'e, and make them from an wholefome food, to become a medicine : and yet the fame gen* tlcman farther adds, that the eels found
in
COITNTT OP WIST-MEATH. 4S
in this pool are exceeding good, and have no Aich opentton, which if we could lay any ftrefs on our former guefs, might not be held inconfiftent widi it, for that it is known eels delight moft in mud^ •nd confcquently frequent not the fuppofed mine- .ntl fprings. I Ihall now lead my reader more northerly, Cfcn to the verge of the county, to the yet more admirable water, which fhall be the laft (^ our lakes I (hall peculiarly give account of
Lough-Banean*Annagh, which may be render- LBanean cd the white lake of the paflage. This lake is in AaM««»- the north of our county, being a boundary be- tween our half-barony of Four, and that in Meath ; fituate between two hills, which fo pen it up that it beareth no proportion in its breadtby . with its length. That which is moft admirable of this water is, that during the winter feafon, when lUother waters are at the fiiUeft and overflow, this ooly then is at the loweft ebb, and thus continueth oooftantly during the higbeft winter floods and ^coeunual rains. But towards April, when all odser floods do abate and fall, it beginneth to rile, and continueth fo to do gradually 'till about the middie of June, by which time it is highcft, and thnscoQtinueth during the whole fummer's drought until about Michaelmas, and then when all other waters begin to fwell this only, abates, andgradu« lily falls, 'till about the midft of December, and *oi it is at loweft ebb, and fo continues 'till Majpdi again. This hath been and is its confl:ant Uxt timeout of mind. It rifeth when at higheft oorc Chan twenty foot of perpendicular water all fcnraier Jong ^ k looks in colour green as the fea water is, but always frefh ; in the winter when low,
it
46 A DESCRIPTION OF THE
it is limpid and clear, as our other waters are. A gentleman of good efieem, who lives near this lake, aflures me of the truth of this, and addSi that in the winter feafon, while it is low, it re* ceiveth a Aream of water into it, from other neighbouring lakes, that at this time are higher than it, yet no ftream was ever known to iiTue out of it at any time, neverthelefs he farther faith, that one fummer, about fourteen or fifteen years flnce, the water rofe fo high in this lake, that about midfummer it overflowed, and that the lame chao- j nel by which in the winter before, it had received waters from one of th cfe lakes, did now return back unto them, a ftream no way inconfider- able ; and farther he adds, that he hath often- times about Chiiftmas, made coverts and laid fnares at one end of this lake to catch foxes, in more than forty perches of ftrand, in a place where he is certain, had he fiood .the fummer b^ fore, and had the additional height of four men, (this was his expreflion) to his own, he had been drowned. Enquiring of him the caufe of fo ad- mirable a phenomenon, he could not affign any, but faith, this matter hath proved the fiuiilcfi inquiry of all the learned in the neighbouring countries, v< ho have feveral times had their folcmr meetings and reafonin^^s about it; their refuH being, that this overflow is occafioned, by th< opening of the pores of the earth (as their phrafi is) at one feafon, and their being again (hut a another. But to my apprehenfion thisfeems but^ general defultory account, and I confefs it is mud more eafy to objecl againft this h) pothefis, thai to eftablifli a better, eipecially for a man thai liveth at diftance from this water, which, fo
ough
COUNTY OF WEST-MEATH. 47
t
ought I yet ever met with, hath not a parallel in the univcrfc ; neverthclefs I fhall venture here to cafl in my mite, but I (hall intrcat my reader to look on it but as a conjedure at the caufe, and no adequate account of fo rare a phoenomenon.
1 look therefore on this rife and fall of water^ to be, as it were, the only annual tide in nature^ tkt we hear of, and offer it to be confidered of as the refult of the influence of that great lumi- nary of the heavens, the fun. For as all philofo- phers, that I have met with, afcribe the daily influx and reflux of the fea, to the influence of the moon obferving that the higheft tides that we call fpring tides, keep their conllaht courfe with the full and waine thereof ; fo perhaps we in the inftance in hand, may afcribe the great over- Bow of this lake to the fun's approach to us ; for IS I have told you, that about March, which is the time of the year that our fun caufeth ail germina- tion in our horizon, this water beginneth its flow, and by the time he comes nearefl: to our zenith we have the flood at the higheft, fo confequently at the fun's recefs it falls again, and when the fun is fartheft diftant, and that all germination and growth of the year ceafeth, then is the lowefl: ebb of this tide. I (hall not defcend to inquire over nicely into the manner of the fun's influence on thisocccafion, as whether it be by the effort of his impreflion on our hemifphere, in his approach unto as, which then bearing harder as it were on our air, might be thought the more to invigorate the fpring thereof, and fo by the fecret conduits or pores (as the phrafc of our philofophers is) to force more violently the waters from the ocean ibroad to rife and fpring in this lake, to the height
above
48 A DESCRIPTION OF THE
above mentioned. But againft this account of this matter, it may be faid that for this reaion the effedk (hould be the (ame in all other lakes that have wrter continually fpringing in them, as in Lough- Foyle before-mentioned; to which I an* fwer, that for ought I know it would be fo in all thofe other lakes, had they not continual vents which carry off the rifing water, as it rifcd con* tinually, whereas this lake having no vent at all, except that one by which, as before faid, it did one year (end forth its ftream unto the neighbouring lakes ; the waters that arife in it in the fiimraer are ftill heaped up on themfelves, for want of a channel whereby to fall off, and at the fun's re* ceft, they as leifurely return whence they came and by the fame paflTages, as upon his accefs they jRowed unto us. HoweVer this matter be, I have iadventurcd thus to exhibit this my conjecture, indeed with a great deal of hefitancy, for I look on the matter, being new and never handled by any I know of, as too nice for me to be pofitivein an account of this or any other hypothefis, and think it enough to expofe the hint, given rather as a fubjrCt of difcuilion, than any way as yet to be infifted upon as a real account of the phoen»- menon. I (hall therefore now proceed to acquaint my reader, that the gentleman before-mentioned farther tells, that he has founded this water when lowell and found it eighteen fathoms deep.
It hath in it plenty of pike and eel, the largeft and biggeft he hath feen ; fome of the eels he hath taken have held out thirteen inches in com- fMtfs. Of this admirable water, I have heard many years fince, but of late made m> inquiry more particular^ and I find the feme things, as to
the
COUNTY OP WEST-MEATri. 49
the ^ confirmed by divers others : more parti- cularly by a worthy gentleman, who hath been about fourfcore years a near neighbourto this lake, andhcaffureth me of the truth of every matter of faft above related, and that it was never othcrwife in the memory of man. I (hall here clofe up what I have to fay of our lakes, for I find nothing more to be faid of any of them, that is peculiar and dcferving a more particular relation, though mjny more we have well ftored with filhand very l>leafant waters.
Having too long perhaps detained my reader in
ihc >¥aters, we (hall now make towards land. But ^'*
before we comeat it, we are forced in many places
to trace the bogs, wherewith Weft-Meath is for
certain well ftored. I do not remember that I
have at any time feen in this county any large
farm, that hath not a bog in one Ikirt or other of
it ; and indeed were it not for thefe, our country
being neither ftored with timber for fuel, or coal,
would cither be a defolate wildcrnefs, or at Jeaft a
very uncomfortable habitation.
Our bogs are of two forts, one we call red- bogs, from the colour of the turf or peat therein J^^d bog. found. Thefe naturally produce only mofs, a little fliort heath and a certain ftrong fmelling (hrub, which fome from the bitternefs call Moregall, the natives call it Riddoge. This fort of bog is alfo ftored with an high raifed and oftentimes conical berry, of a (harp, four, piquant tafte and yet not unpleafant ; it makes an excellent fauce j the natives call them Moonogs, I know not by what name to mj»ke them fpcak Engliffi, unlets by the genera! riui^e of bog-berries. We have alfo
E in
/
>^
A DESCRIPTION OF THE
{
Blaeb- bog.
in thofc bogs, a certain round, flat, berry, full of juice, fomewhatfweet, called bill-berries, in colour purple, which leave the hand and face of the eater for a lime black and blue. On this fort of bog is alfo found Ros Solis, in great abundance, cfpecially inthe flutches thereof, and in deep ftand-^ ing pits of water, overgrown with flobby mofs. The other fort is the black- bog, it is rather a kind of meadow or pafture. It afFordeth a fort of black, hard turf, which we call ftone turf, and is a more lafting fort of fire, but not fo pleafant or fwect. This kind of bog, (if not incumbered with water to which it is often fubjeft) will call good ftore of grafs, and is reducible by draining, to excellent meadow. Our red- bogs, iho* drain- ed, are not fo eafily improved. 1 have known many of them lye many years after draining (unlefs other hulbandry be ufed) and caft little grafs. The beft courfe to reduce them after draining, is firft to raife up the uppermoft fcrufF or fod, which when dried and burnt, in heaps, the afhes muft be fcattered abroad, the bog lightly plowed and fown with barley, which it will yield in great plenty ; this done, leave it out, keep open your drains, and you may in time hope to fee a good head of grafs.
Of this kind of hulbandry by draining fomc- Advan- thing is done amongft us, more ffor what I can
drabine. ^^^^ ^^^^ ^^^ ^^^^ ^" former ages, yet far (hort of the merit of a matter conducing fo much to the general advantage. 1 have not feen any bog lefs capable of being improved, than thofe about our Iron-lake aforefaid. They lie fo level and low, that in an hundred perch you (hall hardly
find two foot fall above the high water mark in the
lake,
COUNTY OF WEST-MEATH. 51
lake, and withal fo extraordinary full of old pits, that after as much water as is poffible, with- out the ufe of engines to lead it, is drawn off, the pits (land many of them feveral foot deep of the Itagnant waters from the lake ; neverthelefs by draining (this I mention to encourage others in fo good a work) it doth become pafturable, and where heretofore you could not without hazard have walked, you may now ride fecurely.
In thcfe bogs are found fomctimes at four foot, '^°*^^» and fometimes more deep, the roots, bodies and 1,^3^ branches of oak, alderand other fortsof foreft trees, u iiich tho* foft when firft raifed, yet if left to dry, become ufeful timber, but always black, I have often taken up leaves of willows and other trees, found under four or five foot of perfeft turf, in their perfcft fizc and (hape, no way impaired, only by their long lying in their moift beds, they be- come difcoloured, inclining to yellow : Ihavealfo found five or fix foot in turf, hazel nuts whole and unbroken -, neverthelefs, when opened, there was nothing found within the (hell, but a thick blackifh water. Thefe certainly may feem to ftrengthen our former conjefture, viz. that our Iron- lake and the bogs that now bound it, were formerly woody pa(lures« and alfo ferves to add flrength to what I obferved in the beginning of this difcourfe, that of old we had in this country many forefts, and the name that the foreft, whereof now not one tree remains, that was in this barony forPortici feveral miles both in length and breadth, remainsw, to this day amongfl us, viz. the Foreft of the Black-hog.
E 2 lo
52 A DESCRIPTION OF THE
In a large bog, not far from hence, are found many large portions of j imiper, yew and deal or fir trees; oneof thefe about eight foot long, and fix inches fquare, I have this day in a floor in my houfe, the grain plainly (hewing it to be fir j yet by long lying in this bog, it is become of a dulky blackidi hue.
But not only trees and leaves have been thus found, fome have found vcffels of butter, very deep and over-grown with found turf. And I re- member a worthy gentleman, now dead, hath told in», that digging in his bog, fome years before the rebellion of 1641, for turf, he found fome
links of an antient gold chain, and what I more wonder at, the bowl and a piece of the ftem of a
tobacco pipe. How thefe (hould fettle fo low, efpecially the leaves and nuts above mentioned, occur not cafily 5 for my part I am apt to believe^ they kept thefirft ftation or level, in which they fell or were cafually loft, and that the bog hathfincc rifcn or grown over them, from the fediment or ilime which water leaveth behind it, in places where it hath long lain. And this I the lefs doubt of, having read fomcwhere in the writings of our excellent author bcfore-rnentioned, Mr. Robert Boyle, that he hath, for trial, fet by fome jjortions of the moft clear and limpid waters he could meet with, in very clear glafles, and after fome time he hath found therein a fediment of a whiti(h flime or mud, by which, with other his experi- ments in that piece, he clearly demonftrates that the elements amongft us are no where found pure and unmixed. And yet farther to confirm this, ^' that bogs do grow, I Ihall relate what I have grow, ^j.^^^ ^^^ affured of by an old farmer of my
own
COUNTY OF WEST-MEATH. jj
own, who hatb avowed to me, that he hath twice in his own time raifed perfoft gcxnl turf in one and the (ame pit, viz. a fecond growth in the placf where he had the former ; and I myfelf know a certain piece of ground in thia country, which iy an high hanging ground and a moori(h foil for two fpade fptt at top, but then gravelly clay, whereon I have often feen the inhabitants raife their turf this year and fiea it to the gravel, and in lefs than ten years it will have a coat grown over as good, and as deep turf as before. I have oftentimes made this observation in my travel by and thro* this ground, by all which it is manifeft not only that bogs do grow, but fc veral of them in lefs time than a man would be apt to imagine ; vitnefs the tobacco pipe fo long (ince found fo deep in that turf, fince it is not much more than one age, lince tobacco was iirft in ufe among us. But what (hall I fay if our whitifh foft clay grounds (whence is fometimes digged, what we call marl for manure of our lands) do grow f Ilhall relate a ftory that may fcem to give coun- tenance hereunto. About the beginning of the 'cign of our late fovercign king Charles the firft, of blefled memory, a certain gentleman of this County, by name Thomas Nugent of Collamber Efq; riding not far from his own houfe, faw lying on the ground a prodigious pair of ftag*s horns, which had been found fevcn or eight foot deep in Horns a pit, whence the farmers had digged their marl. fou«din The gentleman on whofe credit! relate this ftory, °^'^'^*'^' is fon to this Mr. Thomas Nugent, now about eighty years old, a perfon of good repute and worth. This gentleman (hewed me, not long
fince, the place in the great hall of that houfe, where
thefe
54 A DESCRIPTION OF THE
thcfc horns were credted. The fpace of the wall they filled (when there fixed) being from the chimney to the end wall of the room, is no left than twelve foot in length, the hall at that time having no loft, would have received their height, had they been higher than they were, but their juft height he remembereth not. The palms out of which the f mailed horns branched, were as broad (he fays) as the targets, which in thofe days men of the blade ufcd to wear. They were much decayed by reafon of their long lying in their moid bed, mapy of the (harper points being quite rotted off. They were then the only wonder of thofe halcyon days, andihe talk of all thofe who had not^ as well as who had feen them ; infomuch as that the report of them being carried to the court of England, his majefty was very deiirous to fee them, and fcnt his command in writing, to- gether with his pafs under the royal fignet to Mr. Nugent, to bring them to him. Nugent obeyed, and went in perfon, and prefented them fome timebefore the late unhappy conteft that had arofe between his majefty and his parliament, for which his majefty rewarded him with a concorda — turn of five hundred pounds ; what became oE thefe horns after this I find not, but remember have heard the relation of thefe things frelh i this country alraoft thirty years ago. Some ha v^ thought them the horns of an elk ; but if thc]^ were, they are the only proof that ever I heard of^ that elks have been in this kingdom. But whe- ther (lags or elk's horns, two things I find re- markable on the whole relation, firft their prodi- gious largenefs, and then the great depth they were found at under ground. The firft fpeaks what
vaft*
COUNTY OF WEST.MEATH- 5$
vaft bodied beafts we have fonaetimes had in this
kingdom ; the other mud imply, either that they
funk fodeep into the ground, which is not polfi-
ble in fo tenacious and ftifT a body as this fort of
clay is, unlefs we fuppofethem to be vaftly heavier
than their equal bulk in clay, or that this clay hath
grown to this height over them, which I take to
be the more rational fuppofition, for from thefe
inftances, and others deducible from the fod that
we fee daily grows even in a few years, where our
pafture grounds have been flayed, and from the
frefhnels and fatnefs, not to fay growth alio of our
arable, when fuffered to lye out, for if any growth
it hath, it is fo flow, and the age of man fo fliort,
that no man, that ever I heard of, hath recorded
any obfervations concerning it. From thefe j^^ ^ ^
rcafons I am apt to conclude, there is no fuch de-cay in
\ cay in nature, as fome men have been prone to***^*""^-
complain of; but from the continual influence of
the celcftial bodies communicated to the earthy
chiefly by thefe dews that during fummcr and
L harvcft fall in great plenty, when our fun is nearer
to us, for the reception whereof the earth had
been by the frofts and cold of the preceding
^mter, during his diftance from us, exceedingly
^cll fitted and prepared \ hereby, I fay, the
'Mature of the foil is continually redintegrated,
^nd what may feem by the labour and induftry of
n^an to be drawn from it, is fufficiently and to
advantage, by thefe influences, repaired. Info-
ttiuch, that it Qod had not declared in Holy Writ
tViat an End ftiall be, I fliould be apt to imagine,
fuch is the care and concern of the Almighty,
whofe mercies are renewed every moment for his
whole creation, that never any ftiould be.
But
A DESCRIPTION OF THE
Bog-muf- But to return to our bogs. In them is found, ^^' cfpecially in flimy pits covered with water, a certain (hell fi(h, which we may call the bog- mufcle, in (hape and fize like the fea mufcle, but flatter and broader, the (hell in colour much brighter and greyifh, by many degrees thinner, very brittle and cafily broken. They arc not found any where in great plenty, nor are thoie that are found much eaten, altho* faid to be harm- lefs by fuch as have eaten them. No poi- ^^ ^^^^ ^^^^ obfcrved of this ifland, that it fonoos foftereth no. venomous or deadly animalin it, whidi animal in ^^jtainly is a very great bleffmg, whereof few- countries, that I hear of, partake, except it be true what fome have written of the ifland of Malta in the Mediterranean fea j neverthelefs we have a certain reptile found in our bogs and moori(h P*""^gJ* paftures, called by the Irifh the Connogh, it ^''™* palTeth my (kill to make it fpeak Englilh. This is an ugly worm, fometimes as thick as a man's thumb, about two or three inches long, having, as all reptiles have, many (hort feet, a large head, great goggle eyes and glaring, between which rifelh or jetteth forth, one thick briftle almoft in (hape like an horn, which is prominent and bendeth forward about three quarters of an inch. Whatever beaft happeneth to feed, where this ve- nomous worm hath crept (fome fay if he do but tread there) is certainly poifoned, yet may be in- fallibly cured, if timely remedy be applied. The cafe is two-fnld, yet in effedt but one, both pro- ceeding from the very worm itfelf. Some there are that take this worm, putting it into the hand of a new-born child, clofc the hand about it, tying it up with the worm clofed in it, 'till it be dead.
Thi*
COUNTY OJf WEST-MEATH. 57
This child ever after, by ftroking the beaft ^Sefted, recovers ic, and (b it will, if the water, wherein the child walhetb, be fprinkled on the beaft. I have known a man that thus would cure his neigh* hour's cattle, the* he never faw them. The other method of cure, which I like much better, is by boring an augur-hole in a well grown willow tree, and in it imprifoning, but not immediately killing, the worm fo clofe by a wooden peg, that no air may get in, and therein leaving him to die at leifure. The leaves and tender branches of this tree, ever after, if bruifed in water and the affedled beaft therewith be fprinkled, he is cured. The all-wife and ever gracious God, having thus in his providence ordered it, that not only this venomous reptile, but divers others, and who knows if not all, did we know the right method of ufing them, (hould have in themfelves their own an- tidotes, that fo we might have a remedy at hand, as the poet fayeth,
Una eademque mams vulnus opemque ferat, O v i d .
The hand that wounds applies the healing balm.
We have alfo in our bogs and low pafture grounds, and likewife on high moorifh pafture, and moun- tains, a certain fmall animal (rarely met with) in length about a fpan, having four feet refcmbling the hands of a man, palm, thumb, and fingers, from the hind foot backward it is as long as thence forward, but not fo bulky, for it tapereth forth in length, and ends in a very fmall tail^ without any fting that I could ever find. The beft portrait that I can give of it is the crocodile in the maps and cuts of travellers and fome
geographers.
58 A DESCRIPTION OF THE
geographers, which it feems to irte in ail par refemble, and to outward appearance is none c than a diminutive crocodile. They are of diffi colours ; thofe found on the mountains are gr< and azure ; thofe in our bogs are betwixt gr< and brown, fpeckled ; fome call them in the Arglogh- tongue, Arglogher, which may be renderec *^' ru(h-pig, and others Alkeloagher, or ruQi
This animal, thus terrible to our outward vie altogether harmlefs; and tho* its jaws be very ^ and he at pleafure exerteth thereout a very i and flender branched, forked tongue, refemt at full extent an anchor, the outwings of whic draweth up clofe fo as not to be vifible at pleal yet it never offereth to fling or ejedl any poi It is a ftrange vivacious animal ; for being ke the open air, it will live a twelvemonth togc without food or fuftenance, more than what •element affords it. I have known a young who for feveral months together, kept one oft pri loner on his hat, tyed by a thread to ilie band : it had more than half its long ta hinder part cut off, yet this poor creature li and feemed lively and flrong enough ; how he kept it in the whole time, and whether it for lack of food or not, I cannot tell. I have you this creature was no way noxious, I fliall tell you wherein it is helpful to man, and under one of the faddcft accidents or difaf that fomctimes befal us j whoever therefore (ha fo hardy as to take thisliitle formidable animal, ftroke the belly and tail thereof three limes agj his tongue, drawing it againft the fcalesof it, ever after perfcdlly and fpeedily cure any bur fcald, and that by licking the part affedled. '
COUNTY OF WEST-MEATH. 59
hath been confirmed to me from the certain knowledge and experience of a very honeft gen- tleaum, and a near neighbour.
Having too long, I fear, detained my reader in oor lakes and marfhes, we will now, with his good likiDg, range the more firm and ftable champaign groDnd ; and here you (hall be fure to meet with moil pleafant and fruitful fields, either cloathed with corn of all forts, or ftudded with white or black cattle, meadows in their feafons flowring, or paflures always verdant, no rough or impaflable mountains, but.inftead thereof, pleafant and fine fifing bills, feated at fuch juft difiances, as if by tbem nature defigned only to delight the elevated fpeftator with a more advantageous and chearful ^icw- of the adorned fields and plains; neverthe- Icfs, as before I complained of our great want of timber, fo here I muft of another deficiency, of almoit as bad a confequence, want of hedges and fences ; a defeft that we cannot hope to find in 01 r ^ - days thoroughly removed, nor is it likely it ever hedges will,unlefsour propri etors become inhabitants alfo;and for adventurers and other gentlemen, fet out their ^^^**" eftates at the highell rent to the poor farmer, and from him little of improvement is to be expefted, who, if he be able to pay his rent and live, thinks bimfelf happy and rich; nor indeed doth the genius of the Irilh farmer incline to be at any prefent expence, in expedation of a future greater bene- fit ; he will fence indeed his corn, but fo flight ly and without any manner of quick, that before it can be reaped, his own and his neighbour's cattle force him ufually to a renewal of his labours ; and if at any time he makes a fejice likely to hold out a whole year, he triumphs, and with confidence
pronounccth
■!
^o A DESCRIPTION OF THE
pronounccth it a year's ditch, which among ihcm paffeth for a very ftrong fence.
In this our furvey of Weftmeath, we muft not cxpcdt to meet with ftatcly cities, nor great towns of mart, for being an inland country, having no navigableriver,norcftablifhedmanufadlory among us, our inhabitants live more fcattered in fmall villages, confiding moftly of poor fmall cottages, which Hand not much longer than their fences; neverthelefs, you will now and then meet with t few towns'corporate, fome antient caftles, and fome abbies and monalleries, whereof I (hall here give you the beft account I can. Rathwire. Rath wire is the firft place of note that prefents itfelf to our view, and that at a diftance if you ? come from the Eaft, fituate in the barony of =• Farbill, on a high rifing ground, built as of de- > fign not to overlook but to awe the whole coun- try founded (as tradition goes) by Sir Hugh dc Lacy, who was one of our firft Englifti conquer- ' ors, and fixed in this country in or very near the ^ reign of king Henry the Second. It feems bjf • what to this day remains of the ruins, to have • been a ftrong well built fort for the manner of = building at that time, capacious and of good re- ' ceipt, now remain only fome portions of the out- walls, and heaps of rubbifti,
Fuii Ilium et ingens Gloria Dardania. Virc.
Here Ilium flood Dardania's mighty boaft.
Very near this but in a valley behind it, is feated Killucquin, the largeft of all the parifti churches quiq.^" I have feen in this county. It beareth fome pro- portion with the mind not the body of the founder
^for
COUNTY OF WEST-MEATH. 6i
r Sir Hugh was a fmall timbered man) and not ly fo but with the parifh itfelf, which is com- nfurate with the barony. For the barony of :bill and the parifh of Killucquin are terms onimous. The church hath a large and well lit fteepk or tower, in the weft-end thereof, lerein hang to this day two or three fair bells, licb have had the good fortune to efcape the Mne and fury of the late wars. On the eall- I is a fair large chancel raifed almoft to thd ght of the body of the church i the whole well >fed and (hingled. On the north wall of the mcel At the eaft-end, ftands a fair handfome tie, now without roof, the manfion houfe, I ipofe, of the vicar or curate ; adjoining to this irch are two or three chapels, whereof one called Mary's is a large one but without roof, all It in after ages for burial places to divers of the I families of the country ; not far from the drch yard, on the fouth of it. Hands wliat is left heantient parfonage houfe,a fair large building, ording to the antient mode of building; it is to
day (prob pudor) wafte without ftick or ftonei r a thus long fettled and well eftablifhed :c. This feems indeed an univerfal malady,
I take it to be one of the many inconveni- es that follow non-refidence, (an evil too fre- nt among our clergy) which certainly here in irifh fo large and of very good revenue, is lly excufable.
1 this church, as in all churches I (hall hereafter tion to be in repair, divine fervice, according le rites of the church of England, is con- :ly celebrated, &c. Hence north-weft let •avel to
Delvin,
64 A DESCRIPTION OF THE
accbrdingly here he remains pent-up all his daj
every day he faith mafs in his chapel, which a
IS part of, nay almoft all his dwelling-houfc, 1
there is no more houfe, but a very fmall caft
wherein a tall man can hardly ftretch himfelf
length, if he laid down on the floor, nor is the
any paflage into the caftle but thro* the chajx
He hath fervants that attend him at his call in i
out-houfe, but none lyeth within the church b himfelf. He is faid by the natives, who hold hi;
iagreat veneration for his fandtity, every day : dig or rather fcrape, for he ufeth no other toe but his nails, a portion of his grave ; beir efteemed of fo great holinefs, as if purity ai fandtity were entailed on his cell, he is conftant vifited by thcfe of the Romilh religion, who ai at being efteemed more devout than the ordina amongft them ; every vifitant at his departii leavcth his offering or (as they phra(e it) devotii on his altar ; but he relieth not on this only f a maintenance, but halh thofe to bring him in tb devotion whofe devotions are not fo fervent as invite them to do the office in perfon ; thefc i called his proftors, who range all the countries Ireland to beg for him, whom they call the h( man in the ftone : corn, eggs, gcefe, turkies, he; flieep,money and what not 5 nothing conies am' and no where do they fail altogether, but fon
thing is had, infomuch that if his proctors d honeftly, nay if they return him but the tei
part of what is given him, he may doubtlefs (
as well as any pried of them all -, the only rec
ation this poor prifoner is capable of, is to w;
on his terras built over the cell wherein he li
if he may be faid to walk, who cannot in c
line ftretch forth his legs four times.
C
COITNTY OP WEST-MKATH. 65
One of thefe churches before mentioned isSt. Fe*
cifledSt. Fochin'8, one of our Irilh faints. Tbc^'^'^-
cbitf entrance into this church is at the weft-end,
bj a door about three feet broad, and fix feet high.
This wall is hard upon, if not altogether, thnre
feet thick;, the lintel that traverfeth the head of
the door 4s of one entire (lone of the full thicknefs,
or near it, of the wall, and to the beft of my re*
membrance, about fix ibot long, or perhaps more,
and ia height about two foot or more ^ having
takennotioeofit, as the largeft entire ftone, I had
at any time obferved, efpecially fo high in any
building, and difcourfing of it with an antient
dweller in the town, I obferved to him, that of old
time they wanted not their engines, even in this
country, for their ftruftures 5 the gentleman, fmil-
ingasat my miftake, told me that the faint him-
fdf alone without either engine or any help placed
the Hone there, and thereon he proceeds in this
fonnar ftory of the manner and occafion of it |
he (aid the workmen having hewen and fitted the
ftone in its dimenfions, and made a Ihift with niuch
ado to tumble it to the foot of the wall, they
allayed with their joint forces to raife it, but after
much toil and lofs of time, they could not get it*
done, at laft they refolved to go and refrefli them-
felvesand after breakfaft to make another attempt
at it -, the faint alfo, for as the ftory goes he was
then living and prefent, advifed them foto do, and
tells them he would tarry 'till their return ; whoijL
they returned, behold they find the ftone placed
cxaftly as to this day ft remains over the door ^
•Aiswas done, as the tradition goes, by the l^aAnt
alone ; a work for my part, I believe impoffibic
to be done by the ftrength <5f fo many hands
F only
66 A DESCRIPTION OF THE
only as can immediately apply their force unto i^ - however I aflure you this ftory in that formality related, is infinitely believed by a generation cre- dulous enough, and who boaft of miracles an<i adhere to tradition hoW unlikely foever it be, if it feem to fet but the lead glofs or varnifh on that religion or the relatives thereof, that they fo teaa- doufly adhere unto. Monafte- Befides the churches and the cell, this corpora* y ^f tion hath adjoining to it one monaftery, not large ^^^^ but neat and of firm compofure, of canons regular, built by the fame St. Fechin about the year 630 ^ this monaftery is (aid to be built in a bog, and fo it is, but'founded on a firm fpot of ground which it wholly pofleflcth. This town of Foure, after all that is faid of it, is at this day but very mean, | the inhabitants very poor and live in fmall cot- | tages. Hence let us pafs to ]
Fahatty. F^hatty, on the Eaftern banks of Lough-Dire- vereagh before defcrib^ d ; the word may import or fignifie a joyful reception or welcome. This was the retiring place of Mortimer Earl of March, who married Philippa the daughter and heir of Lionel Duke of Clarence, third (on to Edward the . third and an elder brother to John of Gaunt Duke of Lancafter, the father of Henry the fourth. This Mortimer, after king Richard was depofed, that he might be out of harm's way, procul a Jove proculafulmine^ with his princefs, in whom after the death of Richard without heir of his body the right of fucceiBon remained, fixed his refidence, as tradition goes, amongft us at this place, a place not more fafe than pleafant, not above a mile diftant from the chapel before fpo- kea of^ on the fide of Knock* JEy en. By mar- riage
COUNTY OP WEST^MEATH. 67
riage with the daughter and heir of this bed, and not by the paternal line, the houfe of York got thar claim to the crown, whereof in the fourth generation, they got into the poflfeflion in Edward the fourth. This Fahatty (Mortimer's Latmm) by iis ruins, for it is now little elfe, fpeaks itfelf to have been the refidence of a prince, as the name feems to denote his welcome, and as in a decayed and out-worn face you may trace beauty, fo in the niins hereof you may yet behold the lineaments and foot Heps of antient (late and magnificence.
And not .unlikely it is, that the reGdence of thcfe princes here in the * meditutlium almoil of this kingdom, joined to the winning fweetncfs of a free and eafy converfation, wherein princes in diftrcfs are never deficient, together with the myx- riesthey might feem to fuffer, being kept out by an ufurpng prince of their lawful right, might have given the firil rife to that great afifeftion this nation is obferved by hiflorians to have borne to thehoufeand family of York, for nothing taketh more than the unjuft fufferings of a rightful prince, and perhaps alfo, that the fuccefs this family at lall found in Edward the fourth and his father Richard Duke of York, might have given coun- tenance to that faying that to this day is common in the mouths of many, be that England would win muft with Ireland firft begin ; and this af- ficftion was no doubt then highly enhanced in the hearts of the people, by the winning carriage of Richard Duke of York, a wife add ambitious prince, during his admini(tration here as Loixl Lieutenant under king Henry the iixth. Thence about a mileeaftward, we havi thecliurch of
Fa Ballinegrofs,
* i. e. Centre.
68 A DESCRIPTION 0¥ THE
Balline- ISallinegrofs, a new fabrick upon new founda l^^** tions, large and capacious, having ahandfom* tower or fleeple at the weft end, wherein han two fair bells. The patron hereof is Walter Poi— lard, Efq; who beftowed the ground thereof and a fair church yard. The church was built at the charge of the barony , and confecrated by the Ri^ f lUv. Henry Jones late Lord Biftiop of Meath, in x68o. Hence weft ward about four or five miles we meet with Moldfer- Multifernai^ a monaftery of Francifcan friars, ****• founded by William Delamerc ♦, in the reign of .Henry the third, feated on the Gaine, in the barony of Corkery. The frame or fabric is ra- ther neat and compact than futnptuous or tower- ing, having in the the midft between the body of the church and the chancel, an handfome, ftrait, liitt very narrow fteeple. After the diftolution of monafteries it became the property of Alderman Jans of Dublin, who or his fucceflbrs permitted the friars to enter agam and here fettle in as great or greater fplendour than ever : here^t and before 1641, they had their church not only in v^iry good repair, but adorned (pardon the ex- preflion) with images, pidkures, reliques, &c. here in the choir qr chancel they had their organs und chorifters ; they had not only apartments fuf- ficient for their own number, but for the reception of many horfe and foot at any time ; here they bad aUby all houfes of offices fit to make prepara- ^n for entertainment of fuch as came at all times jt)o vifit, or.othcrwife toconfiilt or debate their concerns ; atid here it was that the fatal rebellion, miifii bro^e ($ot with fo much fury and havock on tfaelEEnglifli and Proteftants in this kingdom in
1641,
f b tlie year 12^6.
COUNTY OF W£ST.M£ATH. 69
li^tf was hatched snd oontrivcd : for this pfaKid kiiog conveniently feared almoft in the centre of tbeUngdofB and aifo of great r^pt ^ that year ud fome years before^ great and frequent were the meetings here of the Popiih clergy of aU lunds, fiomiU parts of the kingdom ; infomuch that tbcQ great notice was taken thereof, and the evil coofcquences of their great frequency dreaded by fuch weening fouls as knew nothing in particular of the macfatnations and contrivances then afoot smoQgft diem ; whereupon fome even then fpared not to divulgie their apprehenCons^ and particu- hdy the late Lord Biftiop of Ardagh, Dr. Rich* trdibn, who the furamer before the war broke out, ^ OS no other ground^ as I have heard he faid him- felf, withdrew with all his fubftance into England.
Hmc UUi lacbrjm^.
Ah i kence the fource of our lace cruel woes.
This abby is at this time altogether out of re- pair, yet the friars of this convent had before the difcovery of the late Popiih plot in England, a friary and convent on a piece of land near this place, being a parcel of Knights- wood belonging to Sir Thomas Nugent baronet, where they had Mt all manner of conveniencies both for the re* ceipt of (Grangers and for their own ufe, but all thatched cabins which are to this day kept up in good repair, and are ready for their reception vbencver they (hall plcafe, or find the opportuni- ty of re-entering, and fome fay that it is not now •Jtogciher void of ihcro, altho* he who owns to be ^^ inhabitant therein is faid to be a Proteftant. Not fer hence eaft ward on the north fide of an
high
70 A DESCRIPTION OF THE
high hill after you have afcended more than 1 the height^ we meet with a great hollow ore in the bowels of the hill, by the natives called CattV CattVholc. The firft entry is very low, fo Hole. you mull creep on all fours if you will enter j w] in this pofture you have proceeded fourteen fifteen foot, you may rife and walk upright, here the cave is feven or eight foot high, anc you bring light with you, you may behold a pi of nature's architedture ; for as art is faid in ot things to imitate nature, fo here nature may faid to imitate art, fo handfomely the vauh fe< arched : the firft room that entertaineth yov pretty large, about ten or twelve foot in fqua hence are divers narrow apartments verging e (buth and weft ; two of thefe of the length of < perch or two, grow fo narrow and incommodi for farther travel, that they give but little inv tion to a farther fcarch ; the third towards weft admits a curious perfon to a farther feai yet this alfo, growing at laft both uneven and r row, I was difcouraged to go as far as I mi{ fearing I might have fallen into feme unhce precipices ; the natives tell us, ttio* one had n of a large portion of their credulity to believe that it endeth at Croach-Patrich in Connauj In this cave towards the latter end of our unhappy war of 1641, the chief tory of W Meath is faid for a time to have lurked ; bul better confideration he fobn flighted his garril for altho' here one man might keep out a thouf^ yet it were eafy for one man without, the w fetting convenient, by a fmoke to force a g number within to a furrender, or death. At
Kilmaca
COUNTY OF WEST-MEATH. 71
Kifaucabill ^, are the ruins of a diflblved firiaryKiiknai. flrmooaftcry of Francifdins, whereof remains to »'**''• tiiis day, only fome part of the walls of their diorch ; if other buildings they had, time hath [ rendered them invifible ; this ftandeth in that part of the county that I told you was on the north fide of the Inny, as alfo did three or four miles far- ther northward on the lands of Clonmore, the tmnery of
Kenard. Hence let us hafle again to the ^o^^'^u^jy^jj rfthclnny, and within a Ihort mile of it on the wcftcm banks of the Iron-lake before defcribcd, we meet an antient diffolvcd monaftcry or priory of Auguftin monks, called
Trifternaugh. The word fccms to denote T^jft^. tlwrns, thiftles or briers • this monaftery is built, asnaugh. roany antient collegiate churches have been, in the fcfm of a crofs, having in the centre thereof a tow- er or ftcepic, raifed on the four inncrmoft comers of ihc crofs, from each of which corners the wall tt it rifelh flopeth off until the whole is brouglit into an odtagon ; whence forward the tower rifeth •hout thirty foot in eight fides, in each of which wa window. The wall of this church and ftceple, TO* without roof time out of mind, remains to this day very firm and fubftaniial. This abby va« founded by Sir GcofFry Conftantine, who was one of our Englifh conquerors, in or foon after the *»y8 of king Henry thefecond, to whom for his ^rvicewere given the territories ofKilbixyand Ralhmarthy j in his charter of donation to this *S he fliles himfelf, dominus terrUorii de KiWixy^ *nd tells us that he founded this abby in his ter- ntoryofKilbixy. This generous founder, among ^tncrhis large donations to this abby, gives his
lands . * Or KillmacCahal.
^^ A DESCRIPTION OF THE
lands in G^nnaught without naming any parttca- larSy.whereaa in all he had before ^ven, he is fo cur riousas not content with barely naming them, he defcribes their very mears and bounds ; advifing with an antient and judicious perfon, what he Gould imagine might be the reafon hereof, he told mc that this was ufual with great warriors and conquerors of old, who oonBding on their own prowefs and good fortune, oftentimes defigned lands to fuch and fuch ufes even before they bad conquered them ; hence we may conclude, that Connaught was not yet conquered when this abby was founded, and whether our conqueror did or not after this time, make any impreffion on Con- naught I cannot learn ; fure I am, that there ap-' pears nothing that our monks that were here, ever had any pofleiEons in Connaught, and of thoTe that they had here, of which there remaineth re- cord, many were fold and aliened in their own time, and many were loft at the time of the fup- prefHon, for want of due care or faitliful dealings in thofe that were at that time by the crown em- ployed, fo as neither the crown, nor any by or un- der the title thereof, ever held them to this day. O'Dofrh- ^^ ^^^ demefnes belonging to this abby, the arty'$ great 0*Dogharty, with his followers and forces ^•°*P- out of Connaught, to the number of fix hundred men, is faid to have encamped at an hillock where grew a thorn bu(h, called by the natives, from his defeat, O'Dogharty's bu(h, altho* fince that, oi another occafion it hath another name ; he havin (at here for many days, was at laft fet upon by ok: of the Qjieen^s captains, his name nor the peculi ^ time Icould never learn ; after a brifh engagemeai on both fidesy fome of O^Dogharty's chief mc
falling
COUNTY OF WEST-MEATH. 'JJ
aUmgi he gave ground and retired^ hoping to
be leoei ved and protefked by Nugent, then tenant,
iMm the abt^ walls -^ but Nugent, tho* it is fiud
he had been kind unto him before, feeing him fly
and the Qyeen's forces at his heels, denied him
c&trance; thus he and his men miffing of this
hope, made but very weak refiftanoe, infomuch
that they were all miferably (lain under the walls
of the abby, few or none efcaping ; whether any
• found quarter I cannot find ; the (lain to a great
bttt uncertain number were buried on the fpot^ as
daily experience (hews ua, when occafion is given
of digging in our gardens any thing more than
ordinary deep. This account tho* lame, is the
beft that ever I could learn of this aAion ; and the
great negligence of our forefathers, in trufting
their anions not to writing but uncertain tradition,
is much to be lamented, not only in this but in
inftaiures of greater concern, fome whereof we
may have occafion to mention hereafter.
Weft hereof not a quarter of a mile is feated achapel of fmalland well built chapel, now in good repair. Temple wherein bangeth one fmall bell, which had thc^^^^' good fortune to efcape the fury and rapine of the Ul war. In this chapel in our late biftiop of Meath*s days were ordained at one time, eleven or noore priefts and deacons, and at another time fix orfcven ; this p>lace fupplieth the defedt of our mother church Kilbixy, now out of repair.
Before we leave this chapel yard, it may not becorpnou. amifs perhaps to entertain our reader with a cer- tain miracle that was here fometime wrought, ca- fiat qui caper e poteft^ which venerable tradition gives us to thisefTedt ; we have from antient days
a certain relique, remaining even yet among us.
Kept
74 A DESCRIPTION OF THE
keptbyacertaingentleman, agreatzealot of thcRo-j mi(h church, with no fmall veneration ; theyodli itCorpnou*, that is in Englifli, the holy or bi< cd body ; if it be meant or intended of thc^ of our blefled Lord and Saviour Jefus Chrift, fear it is, it falls very little fliort of blafphemy ; thing itfelf is no more than a fmall piece of w< fhaped fomewhat like a bible of the fmaller lume, laced about with laces of brafs, and on foi parts ftudded over on the one fide with pieces cryllal all fet in filver, and here and there larddj with filver fet or chafed into the wood and faftohj ed with nails, (bme brafs and fome filver ; oni other fide appears a crucifix of brafs, and whcll it have any thing hidden within it, is known I be*1 lieve to no man living, but it hath been andii held to this day in great veneration by aIloFtlft| Romifh perfuafion that live hereabouts ; onoc-| cafion it is offered to them as a fiicred oath, bf | which none dare fwear falfcly for fear his imaAi fhould run awry up to his ears, or fome other grot deformity or fudden death (hould betide him; ndr arc we without ftories of judgments of this foft| that have befallen falfe fwearers, iho' no man liv- ing can fay, that he ever faw any perfon that thus became deformed ; but the ilory of the mtrade runs thus : In old tinies when the monks dwdt here, one of their young friars had occafion to carry this relique over the lake ; carrying it under his arm in the cot, it chanced to fall into the lake, where being over- laden with brafs, filver and cryftal it funk ; the young friar returns and re- ports this great misfortune and lofs ; hereupon the whole convent is diflblved into lamentation^ for- row and mourning, and certain days of fieifting
are
• Properly Corp- nacmli.
COUNTY OF WEST.MEATH. 75
^reindi&ed, not <mly intheconvent but throughout
Hhe adjoining pariihes^ when the days of grief were
Hirer, and all hopes of recovering the predous
iidique were given up, behold on a certain day
the fwine that were about this land, were feen to
pafs a little hillock that is yet in this chapel
d, in a pofture of great devotion, being eiedt on
iftbeir hinder legs, with their four legs held upwards
u men ufe in their devotions to kneel with hands
lifted up ; the unufualnefs of this fpedtade did,
as no wonder it Ihould, attradt the eyes of the
beholders into admiration, to fee fwine, which by
' all men are efteemed the emblem of ingratitude,
with their eyes eredt unto heaven ; the curiofity of
the beholders, when the fcene of wonder was over,
engaged them to fearch in the faid hillock fo un-
ufually befet; on fearch made, a large fquare
fione is found, having in the centre thereof a large
fquare hole engraven about five inches deep, and
herein was found, when none fo much as dreamed
thereof, the fo much bemoaned relique; it is not
to be doubted but that hereupon was great joy and
triumph, and on this occaflon the relique becomes
more than ever adored. This (lory is believed
by the vulgar hereabouts, with a faith little fliort
of that whereby they profefs to believe the gof-
pei, infomuch that if any man would be heard
ferioufly to aflert any thing he would pafs for truth
without making ufe of other oath, he avers it in
words to this purpofe, by the Corpnou that arofe
at Temple- crofs, fo is the chapel called, and
fometimes, if our ferious man were born on the
demefnes of this abby , he adds by way of triumph
and exultation, under it was I born. Weftward
hence and north, about a mile dUlance is feated,
Kilbixy^
7^ A DESCRIPTION OF THE.
KUbuyj Kilbixy, the chief feat of our mentioned coi queror*8 refidence, and head of his territory ; i old a town of great note, havings as traditk telieth us^ tweive burgeiles in their fearlet gown a mayor or fovereign, with other offices fuitah to fo great a port. Of this fo great ilatc, i fniall>dre now the renaains, that you may j«AI fay of it, what the hiftorian fays of the Vcii i Italy,
Lahrai mmaliumfides^ ut yeiosfuiffe credamus.
Florui Hiftory even doubts whether the Vcii ever exifta
The only remajning foot fteps that I have nx with h^eof, is firft a large piece of an old iquai caftle called the Burgage-callle, and forty acit of ground adjoining to it, called alfo, the Burgagi land, corruptly fii;)r the Burgeifes caftle and Bui geffes-land, thefe being believed to have been th town-houfe and the land belonging to tho<x)rpQn tion ; there is alfo on the bank of our Iron-lake not far from hence, a place which in the Irifl dialect foiuids the Haven of the market, this like! having been the landing place of fuch as from tb eaftern banks had occafion to this market. Wbc ther this town of old, fent burgeifes to parliamen or not, I do not find ^ but tradition fays, that ou crofs and market were, in what age I know nol transferred hence to Mullingar, and perhaps wit them our right of fending burgeffes to parliamen aUb. Other remainders of ancient ilate I find nose unlefs you will take for fuch the ruins, or rubbifl rather, of many ancient houfes and caftles, befidc which and fome late built cabbins, nothing is to b feen^ but excellent corn of all kinds, fo as it wa
neve
CO'UNTT OF WEST-MEATB. 77
ever more truly £ud of Troy^ than it may be f this town. Jtm/^es efl uU ^roja fuit. O^ i o .
rbe golden corn now 'grows where (lood proud Troy.
h Aw town Hands the remains of an ancient and IRil built ^urch, the mother of many churches ind chapek about it, which had at the weft end I very well built tiigb tower or fteeple. Here :be^ at this day nothing more of remark, let4ia w our cfofSf &c. Hence to the fouth and t fix miles off we meet with Mallingar^, the^hief town of the county, feat- Tery near the centre thereof, as is faid before, MuDia- tbe river ilfuing out Lough-Foyle, which we^"' the Gdden-hbnd or Arm, and in the midft the two great lakes of Lough-Foyle and 4nniel. The name of the town, if £ng*> imports the ihort mill ; indeed in my time, hatii 4xen an over^fhaft mill of the leall that ever I faw, which with. buckets and was not ei^t foot in diameter, but now it is verted into a breafi miU. There are alio in is town on the fame water, two other mills, were Anciently two monailenes^ one whereof a piiory 6f Cannons regular f, founded by tSslph le Petit, Biihop of Meath ^ the other a con* mil of friars predicant ^ ; one of ihefe ftood in the
eaft
OrMoUlingear. t About the year 1227. This pnory was ancienttj iloiwi& bj the xitine of jtlie houfe of God of MuUingar.
* -^ 'Founded in 1237, bj the Nogents, feveral chapters ef the ordtr being held here, (hew that it wu a great mo- mdaetj ; part of the beIl*tower and fome other ruins re- Bnrgb*s I£b. Dom. pag. 218.
78 A DESCRIPTION OF THE
eaft end of the town, the other on the well end c the town, the ruins of which are this day feared viiible. The ancient ^buildings here were ol fafliionable caftles, fome of which remain yet, aa fome are demoliflied, and better or at lead mor commodious houfes are built in their roona Here are held continually, all ailizes and feffioni four fairs yearly, and all public meetings of th county. It is alfo a great thorough fare or ro« from Dublin to Connaught, all houfe$herean ale houfes, yet fome of the richer fort drive ai other trades alfo ; they fell all forts of commodi ties to the gentry abroad in the country, and fomi befides have large farms abroad. Here is a ne« goal built on the county's coft, for the old on was very weak ; the old feflion houfe alfo, beiii| very narrow and inconvenient in all refpefts, i new one is a framing, very large and fpacioosac cording to the modes of modern archite£turc the church alfo of this town is handfomety rebuBl This town was formerly a corporation, had initi public magiftrate called a portrive, and always fd two burgefles to parliament ; but now the whol town and commons being given in fee to^ Right Hon. the Lord of Granard and his hein the ancient corporation is diifolved; and the who! town and liberties, with other hislordfhib's land in this county are by his majefty eredtfed intoi manor, wherein actions without limit may b tried, and court leet, court-baron, &c. are held ac cording to law ; this manor by a new and uo prefidented grant from hismajefiy, hath liberty d fend two members to parliament, but whethc
undc
COUNTY OF WEST^MEATH. 7^
indcr the ftilc of burgcffcs, as formerly, time muft (hew. This town giveth the ftyle of vifcount to ihc Earl of Carbery in Wales. About five miles hence weft ward we have Rathconrath, where ftands a church in good ^th-
coxxrath.
repair, m our way to Ballimore, a market town having two fairs in theBallimore.
year, feated on the weft fide of Lough-Seudy.
Here was formerly a ftrong garrifon of the Eng- li(h forces, towards the latter end of the war ; this ganifon feated on the ikirts of the lake, was divid- ed from the main land by a grafF deep and large, vith ramparts of earth and bulwarks ; the ditch was fo low carried, as to receive three or four foot of the reftagnant water of the lake, over which was
- by a^draw-bridge the entry into the fort. This
^ was the chief fortrefs of this county, feated in the
; ixud-way betwixt Muilingar and Athlone, from each diftant ten miles; heie is now a church batlt on the old foundation in repair except only
^ the eaft end. Adjoining to this town is the old diflbtved monaftery of
Plary; here was formerly both a friary andpj^
miimery, but in feparated buildings'*, both of the
Cifterttan order ; the land hereunto belonging are
bid to belong to the bifliop of Meath, yet are
withholden from that fee, either by the adventurer,
I or the Lord Netterville. Weft and north from hence about half a mile, we have a fair, large and
fpSLcious field, by the road to Athlone, all excellent
arable
■
* Pounded bj the Lacy's. I tKink it was of the order «f Gilbertines. K. Henry 8th converted the church of this wUbj into the cathedral of the dtocefe of Meath ; I knew aot how long H &> continued. H^ar^i monajl.
to ADESCRIPTION OF THE
arable and as fmooth as a die, called in the Irifl tongue, ^|Jj^«- Magherc-Tibbot, that is the field of Thcobalc from the defeat of Sir Theobald Verdon, vth here fought a battle in king Henry the eighib days, againil fome party of the IriHi, and wasi; the field ilain ; this Sir Theobald had his quar ters and garrifon in Ballimore adjoining, but wfaai force, he commanded, or who the enemy wti that eogaged, or of the fuccefsof the day, I have not been ajble to learn one word ^ tho' it is roudi to be feared our chief dying in die field, that the jEnglifh came by the woril ; for it is Teldom met with in biftory, that chiefs are viAors in death, as the great Guftavus Adolphus was. And here again I cannot but complain of the great n^led of former ages, in not committing to writing the
actions of their times, but leaving all to the un* certainty and hazard of tradition, infonuich thai the bed accounts that we are able to refcue from oblivion, are fp lame and jejune, and that in fc (hort a revolution of time as fince king Htmj the eighth's days, that it is more than probable, had not the very name only prcfcrved fome fuper* fidal memory of this adion, we had not now occaiion miniftred unto us of this complaint oi this fubjedt. Hence yet weft ward and north w< meet with
Ardnacrana, a monaftery or as fome fay a nun< nery, whether is uncertain* ; I (hall only obferv<
am
* Founded, for Carmelites^ in the 14th oentmy, hj Ra bert Dilloa of Drumrany. Borgh's Hib. Don. pag. 753 March io» 1 545* the lands were granted to Sir Rober Dillon, of Ne.wtown» and therdn it is called thi6 mo nafterj of the Friars preachers of Athnecame. Lodge*) peerage, toL I. pag. 153.
COlfNTT OF WEST-M^ATH. Si
flodfopafs it by, that the word in thelriih language foufldetb, the high place of the Sow. Hence fourJiward and fomewhat weft, we raieet with
Kilkenny, which for diftindtion fake from theKilken^ dry of Kilkenny, is many times called Kilkenny- ^^• Weft. Here are yet to be fecn fome reliques of an abby, or monaftery belonging to the Knights Templars^. In this place alfo ftandeth a church in good repair. From hence weft and a little north, even till we arrive at the great lake Lough-Ree in the Shannon, in a promontory that jetteth into the lake^ diftant from Athlone five miles, and to the north of it, was before the year 1641, a nun- nery called 9
Bethlem, the only one that I hdve heard of Bedilenu
that was of late days in this kingdom, of the
order of St. Clare, the mother abbefs whereof
wasaladyof good extraction, the daughter of
Sir Edmund Tuit, who fometime lived in this
county at Tuitftown. On the firing of thrir
nunnery towards the end of the firft year of the war,
not long after the lord prefident had received the
Engiifti forces, whither they retreated is not cer-
ttin, I rather think they difperfed and fcattered ;
but are of late united again at Athlone, and Under
the fame mother abbefs, a lady now of great years.
But the firing of their nunnery was a piece of
fervice, if 1 may fo call the burning of a houfe
wherein none but women dwell, that was attended
with a very fad circumftance; for two foot com**
panics of Engiifti forces^ before mentioned, were
commanded to quarter at Ballineclofiy, a ftrong
G caftle
* It was founded for Crofs-bearen, if I miftakc xx>t.
Wahi.
Founded by Thomas a prie^ (great grandfon of Sir Hen. Dillon, who caoic iato Ireland in 1 185*) who was buried ; therein. Lodge's Peerage, vol. i. p. 145 . *
82 ADESCRIFTIOMOFTHE
caftle and dwelling houfe of a gentleman of ontient family and good eftate, (ituate in the montory before meniioned ; thefe were commamS*
\ ed by a genlieman of a very noble extraction ,
captain Bertie or Bartue, brother to the lord cham- berlain of England, the earl of Lindfey, who was general for the king at the battle of EdgehiU. Thefe men hearing of the nunnery hard by, im- *
\ mediately marched thi ther, whether with or without
command of their officer I have not learned, tnd plundered the fame ; I do not hear of any force there to relift them, nor that any violence was offered to any of the virgins ; however, after rifling of the fface they burnt it, and leaving the houfe in flames they returned to their quarters at Ballinecloffy aforefaid, which had been defertcd by the inhabitants on their appearance^ but left well itored with excellent firong beer and aquavits, * and all forts of provifions for food, and to it the whole party fell, officers and foldiers, without fear or wit, not fearing or fufpedting any enemy, who yet was too near unto them. ^Uineclofff is feated in the mentioned promontory, which jets out into the lake or Shannon, nearer to the main land than Bethlem, and hath over againft it on the other fide of the Inny, which here falls into Lough-Ree in the Shannon, a place called Porte- nure, where a certain young gentleman lay ; I do not hear that he was then in arms for the Irifli, however, being informed at what rate the Eng- fifli at Ballinecloffy then drank, and knowing the houfe tg be fufficiently ftored to diforder diem all, refolved to try if he could advantageoufly fall on them ; imnftediately he gets together about fix fcore men^ who to be the more expedite Grip- ped Ihem&lves to their (hirts, and with fuch wea- pons
J*-
COUNTY OF WEST-MEATH. . 9}
pons as they had in readinefs, hailed to the • ihugbter, having wafted themfelves over the Annagh, fo they call the water paflage^ they hafte immediately to BallinecbfFy, where they find our Engfiih by this time of day neither men nor foldierSi but mere brutes, neither capable to make defence, or fo much as to apprehend their danger, inoft of them being afleep or fo difabled with drink, as not to be in a condition to put them* felves in a poftpre of defence. Never was the
poel'a Invadunt urhem fomno vinoque fipuham V i r •
Buried in wine and fleep the Trpjaus lay, The wily Greeks furprifed their hecdlefs prey.
more traeof Troy, than at this time at Ballinedof-
fy J iheiffuc was, the captain, with fgineof theofficers
and foldiers were, to the number of fixty, mifera-
bly butchered ; nev^rthelefs, fome, who had not
fo raifcrably bcfottcd ihemfelves as the reft, eP*
caped^ to bring the fad tidings to the next gar*
rifon, Connorftown ; nor did thefe inhunian
butchers falisfy their cruelty in the flaughter of
the men only, (for feme of the foldiers had wives)
the women alfo muft die, and the carcafles of both
men and women be ftripped and expofed naked ;
neither did their inhumanity end here ^but
inodefty and (hame here arreft my pen, and fuf- fer me not to write, what they barbaroufly afted ; they dragged the dead bodies of the men, and covered tnefe of the women with them, and ex- poiiDg them in fuch a pofture a^ I leave to the reader's imaginatip^ jtp ipake gut. Let us now j^ngp roQrefQ.utbward,ai?c} in th? barony of Moy-
caihcl we meet with
G % itilbeggatfi .
84 A DESCRIPTION OP THE
K^^'jcg- Kilbcggan, a corporation and market towi ^^' fending two burgefles to our parliament. Th town is feated on the Brofny before defcribc< over which it hath an antient bridge, but now t late repaired^ of lime and (lone. Here flood monaftery dedicated to the Virgin Mary, founde anno laoo, and repienifhed with monks from tb Ciftertian abby of Mellifunt ; of this abby ri mains only the name of the (Irudure, not fo mud as the rubbt(h to be feen this day, nor of tb houfe built here by the late lord Lambert befor< the late war, more than the ruins; for it wa burnt in the late war, and is not to this day re paired. In this town now ilandsa church in repair Hence let us vifit j^g^Q^, Ardnorchor, in the fame barony, called alfi chor. Horfe-leap ; an antient (lately Urudure, as tb ruins thereof this day (hew/founded, if not finifh edy by the fore-mentioned Sir Hugh de Lacy tradition telleth us, that in this place and during the building hereof, the faid Sir Hugh was un worthily (lain, by a meer villain, a common la bourer and a native ; as he was (looping down t< give fome directions to the workmen, the villaii taking advantage of his podure knocked out hi brains with his mattock or fpade : this gentlemai IS faid of ftature and limbs to have been but lov and fmall» and hence by nick- name to have beei called Petite, and from him for this reafon th Petits of our country would fain derive their de fcent ; he was an excellent horfeman, and of bin there is a tradition, that he leaped on horfe-bad over the draw bridge of this place ; a thing al together incredible, notwith(landing the nam< Horfe-leap, is alledged for proof or countenanc of the fkft Here is a late built churchy but o
ol
COUNTY OF WEST-MEATH. 85
old /bondations, the roof whereof is a mod curi- ous ftame, and according to the new model of i/tbitcdture ; tlus is a mother church to fixteen or more churches and chapels in this and the King's county. At Newtown alfo in this barony is ano- ther church in repair, as alfo at Ballioughloe in the barony of Clonlonan, and at Moylicker in the barony of Fertullagh. Let us now for a while look weftward again as far as the Shannon, and on the eaftern bank thereof we (hall meet with
Ctonmac-nois, now indeed reputed as part of^^i^nmme- the King's county, but of old not fo, for this place noU. and three hundred acres of land was In 1638, by the management and procurement of Mr. Terence Coghlan, through the favour of I>r. Anthony Mmin then lord bilhopof Meath, for what reafons Iknow not, taken from our barony of Clonlonan, and annexed to the barony of Garri-cafUe in the King's county, and much I fear to our great lof^ in all taxca and fubfidtes ; for I am afraid this county bears the quota of this three thpufand acres^ on all occafions to this day. From hence we pafs unto
Alhlone* ,a corporate town fituate on both banks of the Shannon. The part on this fide the river was heretofore much the better built. The other part together with the king^s caftle (ituate on the wef- tcm banks, is in the county of Rofcommon, both parts united into one town, by a very ftrong, high- taifcdand wcll-buih bridge, in the middle whereof ftmds a fair monument with fome figures welt cut in marble, together with queen Elizabeth^s fcatcheon of anus, and fome infcriptions declaring the time, and the founders of the building.
This
• AcUaain, i. «• *' « ford of LiKin*
86 A DESCRIPTION OF THE
This bridge, tha* the arches thereof be wide aiy large, cauieth the river, which here is very deep to rife and fwell backwards, fo that under it th river hath a great fall, which giveth an advantage ous fituation to feveral underfhaft mills at eae end of the bridge. One tower on the corner c the caftle wall is fo advantageoufly feated that i commandeth'the whole bridge, which nevertbeleC
hath a great drawbridge on that end. Thiscaftk was founded by king John on a parcel of land belonging to St Peter's abby , which is on that fide of the river, for which be granted a compenfiition otherwife ; it is built on an high raifed round bill» refembling one of our DaniHi raths or forts, the walls whereof do almoft (hut up the whole ground ; in the centre whereof is an high-raifcd tower, which overlooketh the walls and country round about ; on the fide that faceth the river are the rooms and apartments which ferved always for the habitation of the lord prefident of Con^ naught, and governor of the caille ; the middle tower being the repofitory or ftore-houfe for am- munition and warlike provifions of all forts Of late, Gnce the prefidency was diflolved, tbi caftle and the demefnes of it and all revenues at granted in fee by his gracious majefly now reign ing, to the right honourable Richard Jones^ ea of Ranelagh, grandfon to Roger lord Ranelagl^ who was prefident of Connaught in 1641, an< his hdrs. The prefidents heretofore here hcl< their courts of jufticc, which are now diflolved This town on both fides the river was in time 01 the late ufurpers very w^ll forti Bed . The part oc this fide hath very ftrong walls with large flanker of lime and Aone, according to the rules ol
moderr
COUNTY OF WEST-MEATH. ^7
modern fortification. The infide of thefe walls ^
aod bulwarks was lined with a large rampaf t of flone and earth, the outfide was made not eafily tcceifible by a large deep graiF; round about on the flankers were mounted feveral gre^t guns. The town on the other fide was alfo fortified with great ramparts of earth flanked, and a large deep graff. The works here were fet with a quick-fet hedge, which was well kept and neatly (horn^ and had obuined a confiderable growth at tbe time of bis majefty's happy refioration, fo that hore was a living ftrength both pleaiaut and ufeful^
uiik dulcL
The ofeful blended with \ht fweet.
as the poet hath it. But all this beauty, all this ftreagth is of late vaniflied^ efpecially that on the farther fide, and the old caflle only aft^r the old falhion is upheld. At whofe door to leave this great negledt I know not. The town on this fide was before the war fairly built as to outward ap- peanuice, mofl faoufes bosfUng of their neatly hewen coy ns and arches ; but mofl efpecially the curious workmanlbip of the funnels of their dnmnies ; and one houfe built backward from the ftreet by one Devenilh exceeded all the re(t for politenefs of arcbitedture ; but this beauty was all without doors, for within they were ill (bapeh and ill contrived. In the fury of the late war this town was wholly deflroyed by fire, but fince it hath in a good meafure been repaired, until by a very lite fire, nineteen of thefe houfes have bde»T«g<in turned into dnders, the market-houfe 6n this fidef the water hardly having been preferved. Here
were
81 A DESCRIPTION OF THE
were of old two convents or monafteries, the one on theConnaught fide called St. Peter's,'thcoiher on this fide of Francifcans founded by Cathal Crui- yarig, (or of the red fill) but he lived not to finifti it, that work being afterwards done by Sir
Dillon in I244*, On this fide of the river
likewife fiandeth the parifh church, a low but well built fabrick, and in good repair. This caftle gave the ftile of vifcount to the right honourable the late earl of Ranelagh ; and the whole corpora- tion fendeth two burgeflTes to our parliament.
This caftle and town, during the firft years of the late rebellion and war in 1 64 1 , were holdenand commanded by the right hon. Roger Jones lord vifcount Ratielagh, lord prefident of Connaughr, but with what forces at firft or (Irength I have not learned ; fure I am the number was not great ; no doubt there was the conftant ward that always was in the king's caftle, and I believe but very little additional ftrength. For all the country, that lies nigheft Athlone on both fides the Shan- non, were then for the moft part of the popifti religion, fcarce fix families in the county of Weft^ Meath were proteftants ; but more particularly this town of Athlone were then all papifts. The town itfelf, being of ftone houfes, without other fortification was ftrong ; neverthelefs it had walls and two towers or gate-houfes, or towers that fcoured the principal ftreets. The people were rich and very early gave the lord prefident their
faith
* Sir Hen. Dillon of Dminrany, who o«me into Ireland in ii85,lie was here buried. Lodge's peerage, vol. i. p. 146.
In 1241 » Albert archbifliop of Armagh, confecrated the great church of thb n»onaftcry> Mac Geoght gens.
COUNTY OF WEST.MEATH. 89
faith and afllirance to keep and defend their town againft all Irifli rebels whatfoever, and in their aflurance the lord prefident thought fit to withdraw his forces out of the town, trufting themfelves with the guard of the town on this fide the bridge. But it was not long before they ap- peared in their true coloufb, for in a few weeks time, finding that the prefident, trufting to them, went every Sunday with few attendants and no apprehenfion of treachery in them, to the church which is on this fide of the town and near Dublin gate, they invite Sir James Dillon, who at this time commanded all the Irifh forces within twenty miles of Athlone on this fide, to come to them, and opening the gates la'^on a Saturday night, receive all his forces into their town without any noife, defigning to furprife the lord prefident, his daughters and attendants next day, as they fhould go to church, and having him in their cuftody to attempt the caftle and garrifon. The Irifh foldiers lay quiet till next morning, not one appearing abroad. The time for the execution of their defign drawing nigh, the lord prefident being ready to go to church, and the ladies taking coach, one of the Iiilh foldiers fitting and preparing his mufquet, it went ofFunawares; the others who lay ready, miftaking this for their fignal, poured in their (hot upon the caftle windows, which altoge- ther oppofe that part of the town on this fide, for as yet the lord prefident had not appeared on the bridge, and by this miftake, altho* fome damage was done to the houfe, the prefident, his family and the king's caftle were preferved. Sir James being defeated in his expedlations, layeth clofc fiege to the caftle on this fide,and on theCon-
naught
pm A DESCRIPTION OF THE
naught fide the Iri(h did the like, Mocking up all paiTages^and manning all callles near hand on both , fides the river ; and thus befieged and blocked ; up doth the prefident remain for twenty- twa^ vrecks time, nor were all the Proteftant forces ii j Ireland able to relieve them, till fupplies camti from England.
Atlaft in April 1642, four regiments of vo- lunteers, confifting of four thoufand men, befideit officers, rendezvoufed at Chefter for the Irifli^ fervice ; the colonels were the lord prefident of' Munlier, Sir Michael Earnly, colonel Hunks amt' colonel Cromw^n. This being now an unhappy* conjunfture of time, by reafon of the differcncei between the king and his parliament, the four regiments being alfo detained by crofs winds from the fea, theircommanders thought it their duty to offer their fervice to his majefty then at York^ refolving to march to him thither, if here were wil- ling to accept their fervice, and command them to come : that pious and gradous prince, tho* he re- ceived the offer of their fervice gracioufly, yet re- fufed to accept thereof, faying, that being raifed for the fervice of Ireland and relief of his proteftant fubjedls there, he would not for any ftrefs he him- felf was put to, divert them, and advifed them with all diligence to purfue the war there ; a manifeft evidence of that excellent king*s tcnder- ncfs towards his proteftant fubjedls, then indeed in great diftrefs in this kingdom, and enough alone to refute all obloquies that in after and the worft of times, were caft out againft the beft of princes, whom all the ages of mankind had feen.
The
COUNTY OF WEST- MEAT H.
The wind at lad putting fair towards the end of May, the (aid regiments with three or four troops ^^ horle and dragoons land in Dublin, and after time of refre(hmen t , they draw into the fields the command of the eart (now duke) of i!^rmond, who then was lieutenant general of the army in Ireland, who with them marcheth to the lelief of Athlone, and by flow but wary marches Jle comes to Ballimore, within ten miles of Ath- lone, the Irifli in all his march not daring to at- tempt them, yet ftill attended clofe at his rear, ta llopes of picking up fome ftragglers or tired per- ^ns. Hither came the lord prefident to attend the general, for now the Iri(h had drawn off all their blockades, and here received from him two full regiments of foot, his own and Sir Michael Earnly *s, and two troops, the Lord Digby's of horfe, and lieutenant colonel Moyle*s of dragoons, but without any manner of provifion, not fo much as one bifcuit ; they being to be received into a place, that had been blocked up and deftt- cute of all neceflaries. In the whole conduct of this affair the care and vigilance of the general was confpicuous, who in all this time lodged not <Mie night from the army, nor was known fo much a^ once to have his boots pulled off. The prefident having received thefe forces, fent them to (everal quarters, fome to Ballinccloffy, of whofe hard fate (a bad omen to the whole party) I fpoke
before,fome toConnorftown,and fome elfewhere^ and it was expefted, that having a force now fo
confiderable, he might have lived of himfelf, and on the blood of his enemies, making thefe who had been before fo hardy as to befiege him, now to maintain him ^ but the prefident, of temper
exceeding
9^
92 A DESCRIPTION OF THE
exceeding good, juft, and honourable, was fitlcr for ruleand command in time of peace, rather tlian war ; neverthelefs he often made impreffions oft the enemy, never met them but had advantage of them, yet wanting fait, and having but little bread and that very bad, in a (hort time his men began to fall into fluxes and other emaciating dif- eafes, and tho* he was now free on all hands, wa< j under as bad or worfe circum fiances, as when I blocked up ; his men began to die apace of all \ manner of difeafes, which idlenefsCthe ruft of mca of the blade) want of bread and employment ufually bring along \\ith them, infomuch that in one month's time, the foldiers died fafler almoft than their furviving comrades could make graves for them.
At this time it was that fixteen refolute blades, rather than die at home like roiten (beep, refolvcd to attempt to make their way with their arms in their hands toDuhlin. They take their journey out of Athlone by night, but were met at LowbaiHin, about nine miles from Athlone, and were there by the Irifti miferably butchered. Things going thus ill at home, about the middle of July the prcfi- dent takes the field, andmarcheth intoConnaught, with a force of nine hundred foc^t and two or three troops of horfc with one good battering gun ; they fat down with this furce about the cafile of Ballymartell feven miles from Athlone, in the road to Rofcommon ; this lie forceth to yield. Thence he immediately advanceth before Ballia- tobber, the chief feat of O'Connor : here were in a body about three thoufand horfe and foot of Mayo forces under the command of one Butler, together with the county of Rofcommon forceis
under
COUNTY OF WEST-MEATH- 91
inder O'Connor himfelf. The prefident, that he aigbt draw them into the plain grounds^ makes hew of retreat for about three miles, when facing iboat he chargeth the enemy who had followed im^ but in very good order, and were drawn upf jBBd after a fliort difpute he defeated their united brcei. Thus wherever he faw an enemy he was jliAorioas, and yet fo unfortunate, as by all to be Mhiflg advantaged, nor have his men better fed ir better clad, but ftill to remain under the fame ficknefles and hardfhips as before, a clear demon- ftiation that the prefident knew better how to get ttan bow to ufe a vidory. After this victory » kving neither provifions and fcarce ammunition, lie was forced to betake himfelf a little too early n the year to his winter quarters, and dividing his ^ces, fome he quarters with Sir Michael Eamly b Rofcommon, and fome he marches back to Ithlone. During his abfence in Connaught, Sir hmes Dillon was not idle fn Weft-Meath ; he bad made a blockadeand encamped at Ballagheron^ ihree miles eail of Athlone upon a pafs, and Gnom thence took the opportunity of the prefident's lUence to ftorm the town on this fide, being at this time but weakly manned ; the foldiers for- (bok the walls, and betook themfelves to the de* fence of the houfes that were in. themfelves Srong and flanked each other. He prevailed not igiunft any but the hofi^tal ; that he forced and 5red, and in it twenty fick foldiers were miferably ximt ; but he enjoyed not bis triumph long, for :aptain St. George advancing from the caftle kle with his company, beat him out again with the 06 and daughter of many of his men, and forced ana back to his former Aatioi^ at Ballagheroh.
Soon
94 A DESCRIPTION OF TH£
SooB after thisSir Michael Earnly wascommandec toattack him in his camp, which he did and forcd him to retire to his ftronger caftles oC KiUiniBi and Kilfing-faughny. But as foon as his bad was turned he took up his old itation again, and thence continued to diftrefs the town as formerl/^ fuSering no provifions to be brought in^ and lini again thro* famine and the badnefs of that final diet, the foldiers began to die apace, and the prefi- dent being now under greater difficulties than cfoA ordered lieut. col. Moyle, an expert foldier, ym his troop of dragoons, to attempt to make hii way to Dublin, to folicit for relief. He marcfiej out, but after fome miles travel, is met by retj confiderable forces of the Iri(h, and the alarm fti| increafmg, he was forced to retire fighting tftrf Sep back again ; and thus fiUii^ up all the moH fiires of a gallant commander and expert foldie^ he made a gallant retreat without lofs of one mwa, Being hereat nothing difcouraged, he undertake! after a few days the fame march, and thro* rntnf
difficulties and hardfhips, often fighting in greit hazard, he at lad made his paflfige and broi^ his troop fafe to Dublin ^ there he fets forth the dejdorable cafe of the Engiifh regiments at Ath* lone. But alas ! the ilate was then in no conditiofl to afibrd relief, they were at that time themfelvei under great preflures; pity and commiferate thai eftate they could, help or relieve they could not The lieutenant-col. feeing he could not prevail takes up his ftation elfe where in the war, for ina{ much as he could not, with Noah's dove, briii| with him the olive branch, he refolves with hei at her third going forth, to return to the ark lii more.
Thing
COUNTY OF WEST.MEATH. 95
Things going every day worfe and w(^fe at Athlone, the prefident is forced to conclude a cef* btion with Sir James Dillon, by which the country was permitted and encouraged to fupply and fur- nilh the markets. But alas ! the poor foldiers were little advantaged thereby, for havtng no mo* ney wherewith to buy, they were tantalized, not telieved, by the plenty of the maricets.
During this treaty of ceiTation, the prefident bad feveral meetings abroad with Sir James Dillon md his party, in one of which one Mr. Dakon, the fon and heir of John Dalton of MuUin- Mihan, who had married the lord bifhop of Elpbin's daughter, a very honed gentleman and a good proteftant, who had all along continued cooftant and faithful to the Englifli party at Ath- k»)e,took a fancy to ftep abroad, in the prefident's OQmpaHy,'to fee his kinfmen and fuppofed friends. Tb^ flock about him, and making Ihew of g^t love, engage him in drink, and detain In beyond the time of the parley, fo that una- wares he ikys, after the prefident was retired to Addone, mnidft his fuppofed friends, but indeed ml enemies, who now firfl made him a prifoner^ t^Dghim the time of the truce was over, &c. and immediately they fend to acquaint his father old JMton of Mullin-Mihan, and demand to know what he would have done with him ; he out of bravado, whether really defirous his fon (hpuld foffcr or not is uncertain, a(ked why they had not bulged the rafcal ? With this kind of anfwer the sieflcnger returns, and they, in whofe cuftody he via, oiade no more ado, but immediately trufs*up die poor gentlenxin, merely for being a proteftant lod preferving his faith and loyalty to his king.
His
96 A DESCRIPTION OF THE
His widow remains withiis to this day, a lady of excellent parts, and a living teftimony of lh» _jcr^elty and pcrfidioufnefs. But let us return. The prefident being under thefe ill circum^ fiances, was very defirous to have at leaft his daughters and fome other ladies in a place of com- fort and fafety, refolving in his own perfon to abide all hardfliips to the uttermoft, giving fevenL diftant meetings to Sir James Dillon, he prevailed, with him at laft to procure from the great coundl then at Kilkenny, free pafTage for his daughter^ and other ladies and their menial fervants towards Trim ; and Sir James himfelf undertook the con- voy, and very honourably performed his under- taking therein ; for foon after he delivered up the ladies and his charge fafe to Sir R. Greenvill at Trim, which proved that happy occaGon of the mofi confiderable defeat that the Infli got in the firft two or three years of the war. For foon after that excellent and incomparable lady, the lady Catharine daughter to the earl of Corke, and wife to Mr. Arthur Jones, fon to the lord prefident, now lady vifcountefs dowager Ranelagh, who indeed had been the chief of his charge, being come to Dublin, and having audience before the Hate, in a mod elegant and polite oration, fopath^ tlcally fet forth the diftrefs, under which the pooi remains of the Englifli at Athlone laboured, thai maugre all the neceffities and preflurc under whid the ftate then groaned, a convoy to bring off tb diftrcfled Englilh is refolved on, altho* if tha convoy had mifcarried, it might, as things thei flood, have hazarded the lofs of all the Englid and proteftants in Ireland, at leaft about Dublin.
COUNTY OF WEST-IIEATH. 99
-— Mi qmd forma ft f^amdia poffii tmcpatuii.
The pow« of wk and beauty (he difplayed.
And accordingly that gallant commander Sir Hichacd Gf envill ir pitched upon for this io im- portant a ferjince, to whom all the forces tbitt cookl iK fpared from Dublin, Trim and all gar- nCons witfam call, in all iMt exceeding eleven hmdred borfe and foot, whereof proportionably but !vtryiow 4iorfe, were^configned. With thcfe fae marches to Athlone, in all his way not im- )»ded, only with fome lifde appearances anddif- Jam Ikirmtihes not worth mentioning. At Ath* iooe be ftays a few 4ify»until the (battered parties nere united from their feversd garrifons, when :sii.eorae together fhey were not nboye four bun- dled and 'fifty, whereof tnany were fo lick and weak that they were not able to march, fo mifer- ably bad th^ been walled with famine and (ick- nttfis'in«bout feven -months' time, (or it was now alK>ut 'the beginning of February, 164a. The fidk foidiers wepeoirried tm* their captains waggons And : other ways -aHb of carriage were prepared for ihem. Tk^ Ktng^ caftle was committed lo 1^ cuftody of the lord rifcount Dillon of Cof- tpUoe.
Thvsall'betngin.a foadinefs, not the foldicrs imly, \3KX ail the EngUfh and proteftants refoWe imthis march, and with them I fliaU tntreatinV <rcBder;to take his Ihare in thet^ and hazafds Iheeeof asfarasRocbonell, thekft-of tluaeoiHi- ;iiy J AaUg^e^ny aocoum ^.
H ttoAoBCU
pS A DESCRIPTION OF THE
Rocho- Rochonell is feated two miles cad of MuUin- ncU- gar^ in the way to Dublin, upon a pafs, I believe, not above fixty yards in breadth of good channel ground. The neck of ground that here divides between two large and fpacious moors, is not long before it opens and enlarges itfelf ; not mucli above one hundred yards within it is a high rifing ground, wherein is feated a caflle, and fome pirt of an old bawn wall^ having a fmall round turret on one end, all which one above another command this narrow pafi». The moor on each hand this pafs hath in all ages been efieemed impaffible for horfemen, being of a low meadowiih ground, interlarded in many parts with very deep Houghs or guts, where water fometimes falls, neverthekis they are traverfable enough by light foot-noeQ. Thefe moors or low grounds are fo widely extend- ed, that without a mile or two's travel backwards and fetching a compafs of much more ground^ there is no paflage on either hand for horfe or cart. This place hath its name from an andent leader of the Irifh nation called O Connell Car- * nagh, who here in fome age of the world, by 1 know not whom, was defeated, the memory of which a£\ion lives only in the name of the place, for Rochonell being interpreted, imports 0 Conneirs route or defeat. On this fo advantageous a piece of ground to oppofe or difpute a paflage, had no lefsa perfon than the great general Prefton, with all the choice forces not only of Weft- Meath, but all he could for the time gpt together throughout all Leinfter, feated himfelf ; and to -vnake fure work, he called a trench to be made and a redoubt or breaft-work to be caft up, quite aaoft the foremendoiied neck of ground, where
narroweft
COUNTt OP WEST-MEATH. 9^
anoweft from moor to moor, wherein he pofied ii ion col. Inigo or Diego Prefton^ finee lord f Tarah, who had lately arrived from fervice I Flandera, with three hundred choice men« ifitbin them where the ground, as I faid^ enlarges fcif, was the whole army drawn up in very good der, their feveral battalions of foot appeared inked with their horfe, the caftle alfo above the alls was manned. Their whole army, as I have !ird fome fay, confified of feven thoufand borfe id foot, others have not owned fo much ; how** m the additional multitude of fpedtators who 3vered ihe adjoining ground, encreafed very much le rqnitation of their numbers. They flocked ither this day in hopes to fee a certain old pro- xcy fulfilled in favour of themfelves; which as, that a battle (hould be fought at Rochonell tween the Englifh and Iiidi, and that the fide party that (hould win the battle, Ihould alfo n all Ireland, in this manner and pofture did oeral Prefton attend the arrival of the Engfiih^ The Englilh being but an handful in compt* m, had now pafled Mullingar, with their fick i tired men. When behold ! their fcouts bring the hafty news to Sir Richard Grenvill^ who nmanded the field, of a great formidable army iwn up at Rochonell to oppofe his paflkge* imediately Sir Richard draws up his forces^ lich were in their march, into a pofture gf fight* r^ for which he prepares. Being advanced thin kenning of his enemy, he finjs his fcouts 1 truly informed, that col. Diego Preftpn, fo vantageoufly pofied, fo well fmed, inuft be acked, muft be beaten out of his breaft work, :er that the whole army engaged and beaten
H a too^
1^ A b%%ClirttlON OF tHE
Battle of (|6b^ WtiCtV6*&^tbge^ and if no paflage all mu J^^- pcrifh iy tlhemrd -, Sir Richard delays not, con Triamis firft die body of foot to advance to tl brealt ivork ^nd force thdr enemy thence. The kidvshct up clbfe and fire, but Prefton appears rt folute to 'keep hrs ftatibn ; he receives our flioi tihd returns his ; tbefe firft failing in their at ^enipt, another body is commanded up torefiev^ Vtid fecond -theih^ they alfo make their itnpni Tfioits but to no purpofe, Pi^on will not fe«fil; qtiit'hts'pbft'; thus all the foot take thkb ktm ^hd all in viain ; at length the weak Athlohe re ^mcfiits, who in this day's march had the rearar ^iothc lip ; they tnuft on alfo and try thetr kn *)uijes; biitliereit was well Worthy the couiag ^6f Engliflimcfh lb fee with what ala(tfity iEm< ^eerft^fethofe^jibbr, weak men addrefa thbn
%1V& tVfhc fight, evin the very Ifck mta, vrh liith^rto hid liiln groaning in their uneafy waggon bhdxafts, now forfakc their beds of forrow^ an forgetting they had hitherto been fick, they fpiin out as cheerful, as if they had not laft night ftrive ^tth the pangs of forrow und death. In (hoi they advance with as much courage as the ftron{ tti men ttiere, and What is wanting in the flretlgtb, is fupplied in their hopes of being foe either vi£tdrs or ending their painful lives, in lefslihgeringand moreiglorioils death. The loi -pi'eiident's' regiment attempt with pike and Ihd hgs clofe as hand and foot could, and try if not t '^ferce oip their arms, yet by the terror of the (ghaftly Countenance to frighten Preftoh oiit i ills lb well defended riedoubt; but in vainDc Diego, who had learned abroad what fervice wf 'Witt ildt mdre cafy to be finghted than forced
COVNTT QP WEST-MEATIJ^.
qok his ftatipp ; he bad by this timp omxi or twici^ boo refiered by fre(h men firom their greater body, and appeared now as refolutc a^a^t the &r^ ooiet ; however no refpite was given him, ^nci^ Ihei^fed parties ftill relieve one i^npther bj turns, Sir Richard being refolved cither to force hb wsy, or here end his days. During this en- gigement. Sir Michael Eamly had been cpm- nunided to ia^ their horfe on the bog fide ^ he oppofod their right wing of horfe command by 9spt, Bryen, and plied them with his fmall (hot. Tins gentleman was that day one of their beft pfficors; he had been a Germaa fpldiery and came over in the Engli(h fervice, bad been ^OT^^t onto Sir Thomas Lucas, but at this time wa9 ie?olted, and took to the Irilh fide ; he had 'till now ftood manfully all their (hot, when at laft recciviog a (hot in his thigh bone, he fell firom his boric ( his (all fo difcouraged his followers, that Acy now no longer ftood their ground, but drew bsdi under fome covert from Sir Michael's (hot. This gentleman's fall, and the retiring of his party that enfued, I look on to be the firft ftep to that glorious vidtory that foon after followed, for hereby was opportunity miniftered to that worthy Perfon, major Morice, major to the earl of Of- toond, who commanded as major this day in the field ; he feeing what was done, and the ^ound bdng no longer incumbered by tho(e horfe, at- tempted to ride over one of thefe guts or (loughs ia the moor, eftemed 'till now impaflable for horfe, but be found it otherwife, and retiring back again he was immediately advifed by Sir Michael EaraLy> to acquaint Sir Charles Coot; who that day com- manded
» >* •
loa A DESCRIPTION OF THE
manded the horfe that were in the field ; he readily advanced and paffing with his horfe charged that wing that had already retired on the fall of thefr leader ^ they ftood not his charge but fell back in diforder ; at which the whole field take the fame courfe and fly ; young col. Prcfton that hitherto had defended his poft fo manfully, thinks now fit . as haftily to quit it ; in a moment the whole ground is cleared of the enemy, having broken all orders and ranks, they flee on all hands and the £ng(i(h purfue. Many officers look to the caftle, ' and yielded themfelves prifoners of war. Eleven foot colours and one horfe colours were taken ; col. Prefton, that fo gallantly had maintained . his ftation, was taken in the purfuit, having le* ceived a wound in the head. The new Frendi arms, and the fine collars of bandoleers, are now taken up apace, the Irifh foldiers difcharging them- felves of them as clogs ; for as the matter (lands now with them, one pair of heels is worth two pair of hands. The (laughter of this day was not proportionable to the number, or eagernefs of the conteft, more by odds fell in the purfuit than in the adtion. On the Englifli part fell very few % Sir Abraham Shipman was deeply wounded in the breaft on the firft onfet, but recovered afterwards. The Englifh continued the chace on all hands, and had the fpoil of the field ; but to them whofe lot it fell to follow the chace northerly foon appeared a (emblance of new work, for by the time they had purfued as far as Lough-Foyle, not two mtle8» behold ! our county of Liongford neighbours appear as auxiliaries in a full body, who now make hafte, hoping to put in for (hare in the glory of the action. I will not fay, that they might have
appeared
COUNTY OF WEST-MEATH- 103
ippeuoi fooncTi if they had pleafed, aa fome in tb CDoatry have reported, I am fure they came wo Coon for themfelves, for finding they had now I viflorious enemy to encounter with, they retire m the fiune diforder they found their neighbours io, aod about the verges of this lake met their iovi| &te tbey made fo great hafte to overtake, fuch only outliving the difhonour as had the good fortooe to betake themfelves timely to their heels. It fared better with the county of Cavan gentle- men, who alfo were making all fpeed imaginable ontheiame errand, for meeting at good diftance by tbofe that fled ere they could reach the bridge of Ballinelack, with the tidings of the defeat, tbey fairly retire without fo much as feeing an coemy, and march home in as good order as they came forth, thinking it no matter of prudence to provoke a victorious enemy. This was indeed a %Qal day, a day of deliverance, for if all cir- cumftances be confidered, there was but little * ground for the EngliQi to have hoped to efcape, bat that God, not themfelves, ordered ways be* yond hopes for their prefer vation. The number of the flain in this adion from (irft to laft is un* certain, many more efcaped by flight than fell. The vidorious Englifh reunite under their colours, and march fafe to Dublin, fending before them the joyful news of this good day by captain Vaughan wbp, as well for his good fervice, as news, was
Having now traced thro* the places of moft note I know of in this county, I fliall attempt Coftomt to fpeak of the manners and cuftoms of thisi^rfff^^ people, and then conclude thefe my remarks. In tMs I Ihall be more general, for that I find little
or
I04 A DESCRIPTION OP THE
or nothing that ctfn be faid in this county io tUa rtfped^ that niay not be faid indifferently of all* The cuftoms therefore and xnaimert of theft people of old were in many infiaoces^ what we term rude and barbarous^ much after ihe habit of oiu former Britods and other Europeans and nliore eafterly nations, before the power of till ilncient Romans prevailed, who by conquering and bringing them under fubjedkiont wrought tnd moulded them into polite nefs of manners and civil conftitutions. In hke manner our Englifli| after they had in Henry the lecond's days and fucceeding times got footing in this ifland, tock care by llatute laws, to abolifh the worft and mnft rude of their ufages, and in their ftead, tointio» duce the Lnglifti cuftoms, laws, habit and language.
It muft be owned, that this work, tho* a matttr of great good and concern to this nation, in geB> ral went but flowly on, it receiving many interrup tions, efpecially when any difquiet happened in tbe Englifh nation, and the people, tenacious cnoog^ of their ancient habits, did but flowly come into the Englifli lure in this affair \ feme countries con* tinued rude a long time, and fome are not quite dvilized to this day % and hereunto many tlwigs concur. Firft, The many diftradtions of Engbod by civil war and contefts within itlelf, which not only occafioned divifions, from minding the inter- efts of this nation, but gave advantageous oppor- tunities to the people to (hake off, if poffible, the Englifh yoke. We need not travd far back into antiquity for an inftance hereof ; we have one too firefti in our own memory, the rebellion and war of i64iYCDierpriaedatatime^ when the lung and
his
COI7NTT OF WBST-MEATH. 195
\m pviament wore «t unhappy variance with tuh olher, and maiatauned during the raging war Ifatt eofiied on thefe diffarencea» in England^ are Ukicnt teftimonics not only what influcnoea the 4K»rder8 of England ha^ over Ireland^ one thereof waa the withdrawing our armiea henee, when we were in a fair profpedt of giving a fpec* ij end to that unnatural rebellion and war. But vliat ufe the natives endeavour to make of thern^ mnifefted in their treaty with a foreign prince, to X reodved by him unto his protc£kion^ that with sore eafe and fiecurity, they might (hake off the Engiifli yoke.
In the next place I rank the degeneracy of Dcgene* many Engiifli families^ as a great hindrance of ^^^ ^j^ the redudng'this people to dvility^ occafioned not ^ only by foftering, that is having their children Poaering imrfed and bred during their tender years by the and M*^ Irifli, but much more by marriages with them^ by "*2**' means whereof our Engiifli, in too many great fiuniiies, became a few generations, one both in manners and interefts with the Irifli ; infomuch Irifli as many of them have not doubted to aflume even n*"'*^- Irifli names and appellations ; inftances hereof are but too many even this very day : thus a Birmingham is called by them Mc. Yores. Fitz- Simmons Mc. Kuddery, Wcyfly McFalrene, &c. md from men thus metamorphofed what could be ezpefted ? But to evidence the great evils that enfiie on thefe mixtures we have a very late in- ftance in one Tarrington feme years fmce hanged in Connaught, as a tory ; this fellow was the fon of an Engiifli foldier, who came over during the late war and quartered at Athlone ; he marrying an Irifli woman and dying left a young fon to her
tuition ;
io6 A DESCRIPTION OF THE
tuition ; (he bred him up after her manner, andj he had fo far degenerated in his generation, thi^ on his trial he ccmld not fpeak one word of Eng^ lifli, and appeared with lefs either of Englifh maa* ners or demeanour, than the meaneft of the Irtti themfelves. But too many inftances of this could be brought nearer home ; 1 know the (c of Engliflimen in my neighbourhood, who ready are become Irifh both in intereft, educatii and religion, and very little differihg from Tanington of whom we have fpoken.
Emolati- ^ ^^^^^ ^^^^ ^^Y ^^ '^'^ ^^^^ ^^^ fooner ons be- duced to the Engiifti cuftoms and manners, was
^^** emulations and ftrifcsthat have been between ^ greateft of our Englifti families themfelves, wl for many generations together being fuccelfivc^i at ftrife, minded more their particular fplenetic^ difcord than the public good, or their comi intereft ; whence often it fell out, that inftead di reducing the Irifti to good order, they themfelves fometimes became obnoxious to them, and Vfot forced to make fuit unto them for aid in their hereditary conteils ; and thus weakening each other, they become the fport and may-game of them, who made a gain of their mutual loiTes.
A fourth caufe, was the negledl of feveral of
Neglea our former kings, many of them feeming little to
of our regard or efteem Ireland, looking on it as a plact
°*** of charge and burden without any advantage to
the crown ; and indeed it haih proved fo for many
generations together. But I may imagine that the
caufe proceeded moftly from their own ncgledt of
it. But the fmall regard that one of the wifeft of
our
COUNTY OF WEST.MEATH. 107
[0ur princes, Henry the feventh^ had hereof in the years of his reign had like to have coft him for both Lambert Simneil and Perkin Wbeck, two mock princes, found here pro- i, encouragement and fupport ; fo great af- had this natipn borne to thehoufe of York, they willingly fuffered themfelves to be cheat- by any that had but the impudence to fay they of that houfe. ^uod vohmus facile credimus. Vom hence the one immediately and the other found countenance and relief in Scotland, ided England, and had not the providence of God and the good fortune in arms of that prince interpoted, they might have fliaken his throne, md tumbled his crown into the mire.
To thefc may be added the corruption of fome^^*™P^- nferior officers of juftice, as fenefchals, fub-fhe-offic^,^ iSs, 8cc. and fuch alfo as have obtained grant, rom the crown of forfeitures or penal ftatutes. rhefe whofe duty it is to enquire after and punifh bme fort of offenders againft law ; as for inftance, ucfa as plow or draw their horfes by the tail, burn om in the ftraw, &c. thefe very perfons in fome Nurta of this kingdom, inftead of fuppreffing befe barbarous and evil cuftoms do encourage bem, by taking a general fmail compofition, as me penny per houfe to licence or connive at them, o ufe their barbarifms without punifhment ; and his I hiave on good authority heard, is this day lone in that great lord(hip of Boreftioole in Con- aoght.
I might farther add, at lead for this lad century, :he religion generally profefledby the natives, the EUmian, to which they make it their glory, that diey fo tenacioufly adhere ; and they feem to do it as it were in contradiflin£tion to the Englilh,
who
lot A D.E&CRIFTION OF THB
wba geoeially have oaahiaced tine ieC9iim4» w unHkft the Indian in die poet,
rr
wbo Iif4tve9. wou'd ibrbcar.
Tbefef I fVLppofc, ina; be reckoiie4 aofiongd;
caufes of the (low p^ogrefs this nation h^th mt
toward^ civility^ and accgmn[iQdatipn tooucEfiJ
li(h Iaw9 and cu%nis | yet thefe np^y/'^bftapdiqi
this people^ efpecially in this and the a^jioiiqri
countries, are in our days become more polite fa|
civi^ than in former ages, and feem very forwH
to accommodate themfelves to the pnglifh model
particularly in their habit| language, and furqamei
Vfhich t^y all manlier of ways they flrive to ^
£ngli(h| or Englifh like ; this I fpake of th^ Ufe
Irifli nowrior rank of them. Thus you haye IVfac Gotiri!<
^«K* furname himfelf Smith j Mac Killy, Cock i M^
names SpoUane, Spencer ^ Mac Kegry, Leftrange | &i
into Herein making fome fmall amends for oqr dcgi
^^^'°'' nerate Englitti before fpoken of. All the yout
of this age learn to fpeak Englifh in their pen
La^. fchools, the only good they learn there, nor
goage. there now any more appearance of the Irifli c|
mantle, or trowfes, at lead in thefe countries ;ai
^*^*^ flitho* the language yet remains, it is nevertbdc
fo adulterated, by the multitude of Englifli wor
adopted to it, that it remains no where now in
purity ; I know fcveral perfons of worth, wl
not only fpeak^ but write and read their toi^
exceedingly w^ll, who profefs they not. cm
meet ^ith inany hard words they underfii
n<
COl^Nt't 0¥ VKST-MftATH.
top
sot, but fi>me whole Iri(h books^ of which tkey vet not abte to gi^ any manner of account.
The nobilHyahdgenti'y vahie themfelvcs very Andqua. litgh on xht ttodcof ih«ir antiquity and defoerit,"^'- and in this rtfpedt they little ftt by others; yb« Aali medt with one or mcfre anliquari^, «s ihey art leMned, that is dicduc^rs of thieir pedigreos, in [ienaty great family, who wi(i with as mnch C6trfi* and affiMhiae, rip up even unto Adafn,fook i^perfen^ progMilors, as if Adaih iK^fe but ef terday : he mouts up as high 4s Nosihas vf*- tedty^ as if unto hiln he had asgobd bUthority^ what he d^liveriB, as he has Trofn Noah lb [ftS anil what thiefb Indi fodelii«r is htlitVtA F)A equal aflurancfe : rievtenbeleft \h6y arfe foittid ,-bjrihe>viiy u> ftep ifito Spain, an^'thto again to rtduehmt'S^ypt, in -both which pkices I dare ven- iMit tay <^lt, very little will be found on inqui- 5y» dttit^n fuftain thefe their confident deduc^ 'As'fo'r England they love it tiotib wtll aa 'tb hohodr ft with their pedigrees ; and yet in all likdfhood this ifland mud have been firft peofried *oatof it ; for he who in enquiries of To gteat an- tiquity, whereof no unquefiionable records we to tehnet-with, makes his dedtiftion with moil ihew tf ^probability, ought to be efteenied the toioft Itfiui-accoiintant of time ; now let allmen judge ■wnether is molt likely that Ireland (hould be peo- ^pkdfrom Britain or Spain, the one being in view of it at one end and 6f the main continent iat the JDcherend ; whereas the nigheft coaft of Spain is hot to be reached under feveral weeks fail, evtfn iRth'« fair wind, and that in thefe our days where- '{n-tbe ah of navigation hath attained to a hig^ perftAion.
But
no A DESCRIPTION OF THE
But leaving every man to enjoy his own feoti« ments in this matter ; I fli^ilt here^ if my reada pleafes, atteppt to divert him with a pleafiint ftoiy of one of thipfe pedigreers, whereby will appear, what value )hey have for thefe genealogies ; a cer- tain gentleihan of Englifli defcent, and that do higher than queen Elizabeth's days, whofe &ther linked with one of the antient Irilh families, hap- pened {o be prefent when one of thefe genealogifii was v^ith great fatisfa£tion and veneration received by tht hearers. This gentleman merrily requefi* cd the antiquary to rip up his pedigree alfo; the confident time-talker replied, that I can do witi great eafe, for you are the Ton of fuch a perfoD, naming his father, the fon of (uch a perfon, nam- ing his grand father, the fon of fuch a great pe^ fon, naming his great grand father by his fumaroe, who came over, and there (lops ; what fays thst meny gentleman, can you go no farther ? No (ayi the genealogift, not by your father's fide ; but if you will have your pedigree by your mother's fide, I will fet you up to the devil's houfe ! fpeaking thefe laft words in a far differing tone, and as a man rapt up in an ecftacy.
One great evil of this vanity in our Iri(h gentry is, that you (hall hardly meet with any of them, that fcorns not to take up any manual craft, whereby they may earn an honeft livelihood, as if like cameleons, they could live on thefe airy vanities, that thus puff up their minds. They will walk from houfe to houfe with their greyhound, their conilant attendant, and fpend their whole age in idle wandring and cofhering, as they term it, and live, as if they were born only ffni^i$
corifumin.
COUNTY OF WEST-MEATH. m
<mfumere. Againft thefe were our ftatutes made of cofliering and idle wandring. But aUs not in this inftance only, but in many more may we complain with the poet,
^id irifies querimomie SinonfuppUcio culpa reciditur f §^dl£ges fan moribus Vmut pTi^iunt t
Horace.
But wherefore do we thus complain, Ifjuftice wear her awful fword in vain f And what are laws, unlefs obey*d By the lame moral virtues they were made ?
Francis.
' And againft fuch f ruitlefs idle perfons, the fame Judicious poet thus very ingenioufly elfewhere inveighs.
Fanutftrvit inepius :
a^'ft^pei in tituUs ct imagimbus : ^uid oporiei Nos facere a vu^o hn^e laieque remotos.
Horace.
(laves to fame
And with a ftupid admiration gaze When the long race its images difplays ; But how (hall we, who differ far and wide From the mere vulgar, this great pcnnt decide ? ^
Francis.
This peopk of old were very famous for their Lcam- teaming ; and indeed in thofe-tek ages of the>ag.
world.
tia A BfiSCRIPTION OF THE
woddf trherein barbarirm, like « torrent, ow- flowcd aU our European GDoatneiy here odIj fetrfong (bund fiui£hiary . Here then were niof Csiinous fchools, and martsi of ktten, whcni Foure before mendoned was one, and hither frooi all parts of Europe they traded for this coqubo* dity. i
Eftemph pairum commotus amere bgeiuU^ fyii iiillibemos^ fopbiA mirabib' chros.
Nurtured from youth in learning's mazy ftore, He fought, for wifdom fam'd, Hibernians Ihore.
And altho' learamg tnthis our age, and for ages paR, bath vgain^t footing in Europe, Mq tnuchtis now it feems to exceed in arts and all former times, no country that I hear of on lide'theSofphorus, except Greece once the mif -of all learning itfelf, being void thereof, yet Mj (he not yet quite forfaken this ifland, for the peo- ple ftill retain an ardent defire for learnii^, and both at borne and abroad do attain unto .good meafures thereof. There are from xthe inghift to the lowed xlafles of thiem that are very ii|geilioia and docile ; in this only unhappy, that they vril not breed their youth in our univcrfilics, neither ill this kingdom nor in England, .becau& of ^ religion therein profeffied, but choofe rather, bdm not permitted to have public fchools of their own to educate their chiklren under private .pcofeflbn ^ or elfe fend them abroad into France or Spainii
their breeding. Neither is a prieft now amoni them of any repute, if he has not fpent fom
-year
COUNTY OF WEST.MEATH. 113
yeiris abroad. They arc much given to HoTpita* Hofpiu- lity firowi the highcft to the loweft, even the mean-**^^ eft will receive into his houfc a ftranger, and im* part the bed of his fare unto him : in this gene- fofity they feem rather to exceed on ckrafions Hian fall ffiort^ efpecially vrhen they make any I^ublfC treats, for at fuch time it is ufuai with them not to fufFer their gueil to part until their wholer ftock of provifiotf be fpent. Their women arewome^ generally bnutifuU and love highly to fet them-biad- felvea out in the moft falhionable drefs they can**"^^* tfitatn.
Every Iriftt fumame or family name hath cJthcr s^p. O or Mac prefixed, concerning which I have found names, fdnie make this obfervatton, but I dare not undef* take it ibalf fiohi univerfally true, tliat fuch a$ have O prefixed, were of oM fuperior lords or princes, as O Meal, O Doniiel, O Mdtaghlin, 6ce. and (bch as have Mac, were only great men, vh. brds, thanes, as Mac Gennis, Mac Loghlin, Mbc Doneho, &c. But however this obfefvatibii hold, it iis cenain they take much Kberty ^ahdfeem tb do it with delight, in giving of nick- names ; if a man have any imperfcAion or evil habit, hcNic^ ihall bt furc to hear of it in the nick-name. Thus"******* if he be Wind, laine, fquint-eyed, grey-eyed, be a ftammerer iti fpeech, Ibft-handed, to be Aire he fliall have one of thefe added to his name ; fo alfo from bis colour of hair, as black, red, yellow, brown, 8tc. and from his age, a^ young, old, of ftt>m what he addicts hittifelf to or much delists' in, zB in draining, buildihg, fencing, or the lik^; {o as no man whatever can efolpe a nick-name, who lives aifiongthem or eohVerreth with theitt', and* fomedmes, fo libidinous are' they in this kind of
I raillery.
A DESCRIPTION OF THE
raillery, they will give nick-names per antiphrafii or contrariety of fpeech. Thus a man of e ccUent parts and beloved of all men, (hall called, Grana, that is naughty or fit to complained of; if a man have a beaudfol cou tenance, or lovely eyes, they will call him, Cuie^ that is fquint-eyed ; if a great houfe- keeper, (hall be called, Ad^erifagh, that is, greedy.
The landlords of old were, and ftili are gr< . oppreflbrs of their tenants and followers, and vc much given to cofher upon them, that is, to coi for fome time with their family and Uve on thei neverthelefs they arc very induftrious to prefer them from the wrongs and oppreflions of othei and if this were the utmoft of their kindnefs their tenants it were truly commendable, but this they too often exceed, for many of th will not fpare to protect their tenants ag^ft t payment of their juft debts ; infomuch as af you have been at coil and charges in the law, a
come with vour execution, you happen well if y find not all your debtor's goods (azed on by 1 landlord for his rent, and fo mean a matter ii with an Irifhman to be protected by his landlc from the injuries of others, that it is a comm faying in the mouths of moft of them, Wl boots it me to have a landlord, if he defend i not, both in juft and unjuft caufes; and anoll faying they have as rife as this. Defend me a fpend me, infomuch that it feems they give the felves up to their landlord's pleafure, as to wl he wiUetltfor himfelf, in cafe he will fuffer nc dfe to do the like. Thefe things, tho' true as the main, admit of many exceptions : for I kn( tercnl that are truly juft and confdentious
tl
COUNTT OF WEST^MEATR. itj
tbeir ways, both fuperiors and inferiors ; and
this matter of exception holds not only in this
inftance but in molt of what I have written^ or^
(ball write of all degrees of this people.
As to the inferior rank of hufbandmen called, SctdlMes
ScuUoges, which may be Englifhed, farmer ortnifty.
bufbandman, or yet more properly, boors, they
are generally very crafty and fubtle in all manner
of bargaining, full of equivocations and mental
refervations, efpecially in their dealings in fairs
and markets; whereas if lying and cheating
were no fin, they make it their work to over readi
any they deal with, and if by any (light or fetch
they can hook in the lead advantage, they are" mighty tenacious thereof, and will not forget the
fame, uniefs over- powered by the landlord, who is the party addreffed to for juftice.
1 will crave the reader's patience to fufTer me •p^^A-j.^ while to give an inftance of the 4^hng of this in Com> fon of men, and thdr cuftoms in the manage of mon. tbeir hufbandry one with another. Every town* land held by them is grazed in common, that is, every man's ftock goes iildifFerently over all the pailures of the town. The difference lies here,, be who holds the greateft number of acres in the arable, is fuppofed the more able farmer, and con- iiM|uently is allowed to have more cattle on the paftures of the town, than he who holds fewer acres, or a lefler hokiing as they call it. The great evil hereof generally is overftocldng their ground, by means whereof it is too often feeir once in three or four years, that they hazard the lofs of their itock ; as they graze in common,- /bone who is not ao^uainted with them, woukl*
la think^'
i\6 A DBSCRlt^TION OF TITE
think, that they plough in common too. Eor it is uTual with them to have ten or twelve plou^s at once, going in one (faiaU field; neverthelefs every one here hath uUage diftin£t, tho* ail appear fqnoed up in one mear or ditch. They divide ufu- aUy one field into acres, half-acres, fiangs^jrhati^ roods i, and of tbefe they make fo many lots or equal (hares, as there sire ploughs in thatowa ; b aS: a. man whofe Ibare may amount to three acres, (ball not btve pethttpa half an acre together, but filtered up aad down in all quarterns of the fidd. Thisaf ifirtfa tbrt)' that greatcare and concern every
^ nsan hath left he ihould be over-reached by his neighbour ; and they will take upon them to be judges to an extreme nicety of tiie quality sod quantity of each cood of ground ; aiul, to mske fure work, will bring their ropes to meafure, si farmally as a^ furveyw bis chains. Their cnanner
. of divilfK)!^ is. tbus^ To cadi plough they redcon a certain number of acres, which by a general naona is called a (h^rt v each fliare hath particukrly fuch apd fuQh. hatf acres or llanga alfigned to it bgf nsjenc tQ make up the given number, and for gimter equality (ake^ thefe are not given as the^ lie. in the ^ound, but, as they call it, they lay tf Ia;^ac^ ftangor half acre to a lies (nor mat' ters;!t whiore it lies) and on a good a worfe, in all tbia^ ptetending the: greattft indifference imagpaa* hh ;> whWithey have perfedted this work, which u^iEt^jly tb<^ take time enough to confider of, a ^fwger might think they nought now permit any qpei tfp cjbioiore his fhare ; neverthelefs ftill one or t>|Po of theft (bsres are left worfe than the reft,, and this t^. all k^ow too, but they difiembfai. ibaic knowledge therein, purfuing ftill the grand
deliga
COCTNTT OF WEST-MEATHw ny
defign of over-rtaching one another, while everf xnta hopes the worft will not fall to his lot ; and Qov at laft they proceed to call lots for their flints \ herein alfo are they very nice, even to ikEculous folly ; for commonly they will call lots with agreement before hand, not to be tied up to t!o8 lot, but only to try how their lots will G^t ; this done to no purpofe, at laft they will oAlots in good earneft, the manner whereof is dim, They call one (hare, made up of certain acres orftangs as afore, the firft, and lay down for it a ftone or turf on the ground ; another they call the fecond, made up as the firft, and lay down for it, a fione alfo or a turf; and thus they do for as many ploughs as there are in the town : this done each plough agree among themfelves on one togiveina lot for each particular (hare, then the firft puts into a hat it may be a fmall Hick, another a pebble ftone, a third perhaps a fcrap of iron, a fourth a (hred of cloth or rag, or a flower, tec. and every man's lot is taken notice of by the ^e number -, this done they call a child or a ftranger, who knows nothing of the privity, and be takes out any of thefe and places it on the firft, then another on the fecond. Sec. and thus, every man comes to know the lot or (hare of his plough; this done, and not before, begins the buftle and wrangle, for they to whom the worft Jot falls are fare to cavil at all that is done, and now he telb exadtly all the faults of his (hare^ which before the lots caft, he feemed not to know^ and there is no peace Hill all muft fall anew to divide more equal again, and if they have not a landlord that can over-rule them, they will hinder
one
Ii8 ADESCRIPTION OF THE
one another from their labour for a month or two longer. I have known when a wrangle hath continued fo long that they have been forced to break up their fallow in common, and fo likewife to harrow it, and then at lad rather out of necef- fity^ than any love to peace or equuy, they agree in making their lots either more equal, or take to it with more quiet ; yet fometimes are they not thus itfelf fatisfied, for fo jealous they will be of one anothers practices, that no divifion can ferve or fatisfy, but that which is the mod nice that cio \fe imagined, and certainly the worft and moft incommodious, and that is by the ridges ; yet to
this, if peace cannot be had amongft them other- wife* it comes atlalt ; and this divifion they call by a term, that I may Englilh, the gut divifion. 3y all which appears how unequally and hard they will be^ one upon another ; and yet ieem oifir wardly to pretend to nothing but equality. Jotntng in When the fquabble about dividing is over, they Plough, as often fall by the ears again about joining tog^ ther or coupling to the plough, for fometimes two, three or more will join together to plough. This they call coar, which may import ap equal man, fuch another as myfelf, and with a little alteration of the found may fignify, help, right, or juftice. Jn this alfo they are often very litigious, weighing the ftreneths of one another to mere nigeti(s. But in caie of difagreement, their cuftoms hath provided for them, that with confidence they may come before their landlord and demand from him their coar, or equal man, or helper to plough, which thqr count the landlord bound to provi4e for them, and if he cannot, he is obliged to affift
him
COUNTY OF WEST-MEATH. iiip
am himfelf; fometime it fo fallethout, that a xofis-graincd boor refufeth to afford his help, and iriien required thereto by his landlord, looking on iumftlf as fufficient enough for his own need without any coadjutor, in this cafe, tho' the cuftom obliges him that feeks the aid to bring every day into the field his horfes and his tackle, and offer aUb his own labour to the refufing party, to offer alfo his proportion of feed in its proper feafon, lod then altho* the refufer hath denied through- out, the demander is to reap at harveft as good s portion of the crop out of the refufer's labours, as if he had been at expence all the year long. Bearded This cuftom they call, the law of Owen with theOwen^s beird, who was one of their antient Brehons
«r judges.
In towns fet to farmers, every houfe hath ap-^o*** pr(^iated to itfelf a (hare or portion of the bog for turf cutting, by known meafures and bounds, which whoever comes to that houfe is to enjoy fo long as he lives in it, as v; ell as the garden thereof. Thismuft lie wafte and untouched, until the own- erbe at leifure to cut his turf, nor may his neigh- boor, if more early at his work, lay one fod on his portion of the bog. If he does, immediately the complaint comes before the landlord, or his Seward, who fupplies his place in all thefe toils, who is holden to do right, by caufmg the turf thus njorioufly laid on, to be thrown into the pit again, f the landlord refufesor delays hisjuftice herein, ooft ufually they will fall to loggerheads, and ftentimes they do fo before the matter comes be- ne the landlord, and then likely the (Irongeft md carries all. Hence they have a faying ufual 3 thefe or the like occafions founding much to
this
A OSS eRtPTI ON OF THE
this purpofe ; a town without « kfidlord and n Imll^ ie a tow a turned topTy tufvy. Yenanu They hold bat from year ^oyear, npr da the^ from defire longer term. They have a cafiom on i y«r.^ ftated day every year to oome and give wanmig to their landlord to provide other tenants 4br their holdings and houfes, and thti they will do if fc^mally, as if they were in earneft, and yet tfftt all they intend nothing lel^, for they will not lesve the place with their good v^ill^ where they and their anceftors have Tat. In this c^fe yQu Ihd have feme of them tell their landlord, that thef and their forefathers have been there as long god perhaps longer than he, and they will not out dgr him ; whither (hall they go ? and the like ftuff; and this their (hinefs of leaving their anoent habitation is not without fpme caufe. For if one ^ of them remove but to dwell in the r?ext coun^i nay the next parilh, provided it be under another landlord, he is on every little picque with his neighbour reproached with terms importin^^ vaga* bond, or a forfaken outcaft. Sec. and fo keen is bis anima redeundi, that he is not at eafe within him- felf, 'till he make way for his return again, to the place, as he plirafes it, where he ought to be ^
Ne/a'o quA tkUale/olum dukedine cunflos Tangity et tmmemorcs nonjinel effefui.
Whence fpringsthis love of home, thisfond defire. This longing after our paternal foil.
In countries that are rocky, as fome part of Tuomond, where corn is not to be had in fo great plenty, for in the barony of Burren, fome part of
Gorki nroe
COITNTY OV WSST-MEATH. »#
Cofkimoe tod dfewhere^ their greateft fields txt baa little cmfb ; they hare a cuftom every May* daji which they count their firfi day of fummeff Id irnve to their meai one formal difh, whatever aUe they have, which fome catl, ftiraboutor hafty Sdraboot fttddingy that is flour and milk lx>iled thick ; and iBm fe holden aa an argument of the good wives 9)od hufwifery, that made her com hold out (b vdl^ aa to have fuch a di(h to begin fummer fare ^rith ; for - if they can hold out fo long widi heady they count they can do well enough for ^htt remains of the year till harveft ; for then milk becomes plenty, and butter, new cheefe and mfds and (hamrocks, are the food of the meaner f)rt all this feafon ; neverthelefs in this mefs, on tins day, they are fo formal, that even in the plentifullefi and greateft houfes where bread is in lAundance all the year long, they will not fail of ibis difli, nor yet they that for a month before wanted bread.
On the firft Sunday in harveft, viz. in Augufts^m. they will be fure to drive their cattle into fome ming of pool or river, and therein fwim them ; this they ob*^*^^* ferve as inviolable as if it were a point of religion, for they think no bcaft will live the whole year thro' unlefs they be thus drenched \ I deny not but that fwimmingof cattle, and chiefly in this feafon of the year, is healthful unto them as the poet bath obferved ;
Balantumque gregetnfluvio merfarefalubri.
ViRO,
■
In th* healthful flood to plunge the bleating flock.
but
-iZ% A DESCRIPTION OF THE
but precifely to do this on the firft Sunday io harveft, I look on as not only fuperftitioos, bat profane.
In their marriages, efpecially in tbc^e countrioi Mairiagft where cattle abound, the parents and friends oa each fide meet on the fide of an hill, or if v weather be cold, in fome place of (belter, abotf midway between both dwellings ; if agreemai enfue, they drink the agreement bottle, as thef call it, which is a bottle of good ^ufquebau^ sai this goes merrily round ; for payment of the fOtH tion, which generally is a determinate numbff of cows, little care is taken ; only the father or neit of kin to the bride, fends to his neighbours aoi friends, fub mutuse vicrffitudinis obtentu^ and twf\ one gives his cow or heifer, which is all one indil| cafe, and thus the portion is quickly paid ; never- thelefs caution is taken from the bridegroom oa| the day of delivery for reftitution of the cattle^! in cafe the bride die childlefs within a certain day limited by agreement, and in this cafe every man*! . ' ^' own beail is reftored ; thus care is taken, that no man (hall grow rich by often mar riages ; on the day of bringing home, the bridegroom and his friends ride out, and meet the bride and her friends at the place of treaty, being come near each other the cuftom was of old to cad (hort darts at the com- pany that attended the bride, but at fuch diftance, that feldom any hurt enfued ; yet it is not out of the memory of man,that the lord of Ho'alh on fuch
an
* i. e. Whifkey, the Iri(h Aqua-vitae, and not what is non underftood by Ufqaebaugh.
COUNTY OF WEST-MEATH. 113
in occafion ioil an eye ; this cuftom of calling larts is now obfolete.
On the patron-day in mod. pari(hes, as alfoon (be feafts of Eafter and Whit- fun tide, the more ordinary fort of people meet near the ale-houfe in Patron* tbe afternoon, on fome convenient fpot of ground ^' nd dance for the cake ; here to be fure the piper Ulis not of diligent attendance ; the cake to be dtnced for is provided at the charge of the ale-Daaoiiv wife, and is advanced on a board on the top of a^°^^ pike about ten foot high ; this board is round, and ftom it rifeth a kind of a garland, befet and tied round with meadow flowers, i^ it be early in tberummer,if later, the garland has the addition of apples fet round on pegs faflened unto it ; the ibole number of dancers begin all at once in a large ring, a man and a woman, and dance round about the bufli, fo is this garland called, and the pper, as long as they are able to hold out ; they tbat hold out longed at the exercife, win the cake and apples, and then the ale-wife's trade goes on.
On May-eve every family fets up before their loor a green bufti, ftrowed over with yellow May- lowers, which the meadows jicld plentifully-, in^*^ ountries where timber is plentiful, they ere£t tall ender trees, which (land high, and they continue moft the whole year, fo as a ft ranger would go [gh to imagine that they were all figns of ale- Hers, and that all houfes were ale-houfes. On the eves of St. John Baptift and St. Peter, cy always have in every town a bonfire, latein^ ^ e evenings, and carry about bundles of reeds on St. ft tied and fired $ thefe being dry will laft long, John's id flame better than a torch, and be a plcafing^^' v
divertive
l^l A DESCRIPTION OF THE
divertive profpedt to the diftant bdioMef; tj ftranger would go near to imagine the wl country was on fire. Twdrc- On Twelve-eve in Chrifteias, they nfe to ftt] ^^^ up as high as they can a fiere of oats, and in it dozen of candles fet rounds and in the centre larger, all lighted ; this in memory of our favi and his apofties, lights of the world. Wdbs. At funerals they have their wakes, wMdi now they celebrate were more befitdng heal than chriftians ; they fit up commonly in a or large room, and are entertained with beer tobacco ; the lights are fet up on a table over dead ; they fpend moft of the night in obfc Tories, and bawdy fongs, until the hour for the exercife of their devotions; then prieil calls on them to fall to their prayers for foul of the dead, which they perform by repetitii of Aves and Paters on their beads, and clofe whole with a de prtfundis^ and then imroedial to the ftory or fong again, till another hour prayer comes ; thus is the whole night fpent day : when the time of burial comes, all women run out like mad, and now the fccnc altered, nothing heard but wretched exclamati< howling and clapping of hands, enough to deftroj^ their own and other's fenfe of hearing • and tUi was of old the heathenifh cuftom as the poet hatfe obfcrved ;
omnes magno circvm chmore fremebani
Hmi morafeftmcaaflenles.
ViEG
Th
COUNTT or WEST.MBATH. laf
t gaping croud tround the body (land,
i hmften to perform the fun'ral ftate.
DftTDSK.
bthcy fail not to do^ ^fpecialiy if die deoeafed leof good parentage, or of wealth and repute^ 1^ landtord^ 8cc. and think it a great honour to l4ead to koep all this ooyl, and fome have been hu aa to hire thefe kind of mourners to attend ir dead ; and yet they do not by all thisattani I end tb^ feem to aim at, which is to be tiiougbt iliooro fot the dead ; for the poet bath wett
Rriiur Uk Ma^ fit fim iiftt dokf.
p
The mily grieted in feaet weep«
(.Cbine fiages where commonly they meet with pX heaps of flones in the way, the corpfe wA down, and the prieft or priefts and all ifearaed fall agam to their Aves and Paters^ j^ during this office all is quiet and huffied ; a'this done the corpfe is raifed, and with it the (-cry again; in this manner the corpfe is brought die grave, where during the office all is huflied tin'; but that done and while the corpfe is laying srn and the earth throwing on, is the laft and ft vehement fcene of this formal grief ; and :his perhaps but to earn a groat, and from this ^ptian cufiom they are not to be weaned. n fome parts of Connaught, if the party de« fed were of good note, they will fend to the
wake
1)6 A DESCRIPTION, &c.
wake hogflieads of excellent ftale beer and wine
from all parts^ with other provilionSy as beef, &c
to help the expence at the funeral, and ofteo^
times more is fent in than can well be fpent.
Ifimili'g After the day of interment of a great perfdh
fcat. age they count four weeks, and that day foor^
weeks, all priefts and firiars, and all gentry far and j
near are invited to a great feaft*, the preparatioa
to this feall are males (aid in all parts of tbcj
boufe at once for the foul of the departed;
the room be large you fliall have three or
priefts together celebrating in the feveral coi
thereof; the mafles done they proceed to
fealtings ; and after all, every prieft and friar if;
difcharged with hislargefs. ,
Inny tbe This county is wholly comprized within th?
b^mtopr djoccfe of Meath, except only the half barony
^^^^ of*^^ Moygoifli, which in the beginning we told you
Ideath. was on the north fide of the Inny, and in lieu
thereof it taketh in that part of the county of
Longford, that is on the fouth fide of the fame,
fo iis the Inny from the time it toucheth on the
diocefe of Meath till it lofe itfelf in Loughree in
the Shannon is the boundary to this diocefe,
but no where that I know of runneth within the
fame.
^ Ufually termed the month's mind.
FINIS.
^Ue£ianea de Rebus Htbernicisl
NUMBER II.
CONTAINIIIG,
k LfiTTtR from Sir John Davis to the Earl of
ALISBUKT.
Oripnal and firft Inftitutioii of CoRBBs, E&&B- \ACH%9 and TbBII 0M-LAMD9. Bj Abchbishov fsHBR.
An Account of two ancient Imstbumbnts edf diicoveredy iUufirated bf a Drawing.
Publifhed from the MSS. by
UjoR CHARLES VALLANCEY,
SOC. ANTI<1. HIB. SBC.
DUBLIN:
LUKE WHITE-
MiDCCyLXXZVI.
TO HIS GRACE,
R I C H A R D,
LORD ARCHBISHOP OF ARMAGH,
PRIMATE OF ALL IRELAND,
•
I
THIS
SECOND NUMBER
OPTHr
COLL ECTANEA
IS INSCRIBED IT
The Editor.
ijz ADVERTISEMENT.
Errenach^ or Erreineach, is compounded of Err, noble, and Eineach, liberality ; alluding to the lands appropriated or be- ilowed to the church : this officer was alfo named Arceineach, and Oirchindeach, the firfl exprefsly means, liberality to the body, and Oirchindeach implies providential which in ancient records iignified provifion of meat and drink. Hence, with the mo- derns, Errenach, Arceineach and Oirchin- deach, are fynonimous names for Archdea- con, whofe office it was to take care of the church, its property and the indigent poon
Tearmon implies a fanduary, protediony otafylum, and is frequently written Tom- ran, and Tomharn, which are fynonimous names with Tearmonn. Tearm-naomh isa patron faint ^ Tearmonn-^i, a houfe of defence, and Tearmonn Magcrafdhe, was the antientname of Se.Pattiek'8 Purgatory.
Some have erroneoufly thought that the Greek and Latin Terminus (Deus l^prmi- ncHiim) was derived fix)m this Teiitoonn srhich has a diffisrent fignification. Ter- minus is from the Celtic Tir-muin^ u e. ^ir. Terra and muin, patrimonium ; the ixmndsof which being diftinguiihed by krge onhewn fiones, the Greeks, according to their -ufual cuftom of converting Celtic words to the fenfe of the neaxeft in found
ADVERTISEMENT. 133
k theirown language, from thence formed Tenoon fiom w^pf, i. e. finis. Terminus was repitfented by a large unhewn fione, even in the temple built for him, by Nu« fluonthe Tarpeian rock, but was after- wards honoured with a human body, placed upon a pyramid. Plutarch traces this cuf- torn of laad«marks and boundaries no far* thcr back than the time of this Numa Pom- pUiiis ; but Virgil proves it to be as old as that &mous legiflatrice Ceres, fartiri /r- ^Camfum. We are not to feek for an* cient ufii^es amongfi the Greek and Latin tnthors, this amongft many others was dc* n?ed from the Egyptians, who received it ^ the Hebrews, for as M. de Boze ob- serves (Mem de T Acad, t. I. p. 50.) Mofes ^ not appoint his people to fet bounds to their lands, iince the thing was eilabliih* ^ every where, but only forbids them to CQcro^h. upon them,
Tcr-muin, or Terminus, therefore im- plied si limited property of land, whofe bounds were diflinguiflied, and is of the fame fignification as the Hebrew ni^SD ga- belut, i. e, limis, confinii;im, terminatio, from whence the Iberno-Celtic famed gabh- altas, which ^t this d^y means a fafm«
It remains only to explain the term luach impighthe, mentioned p. 187 of this num- ber.
,34 APVERTISEH^NI;.
l^r. The literal meaning of t^iis expre^on fe> the fee of the petition, that i^i the fcti paid by the Errendch to his h\ih(m on pe- titiQnin:g for libei^ty fqr his di^pgfater tq
Tfc« Bditof takes this^opporttmity of ac- knowledging his obfi^tions to Ai^hdeacoa Mahoii for thefj^men^s of a* yahmblb^code of the Brehonlaws. -Piart (yPthfe ffagment is- in the colleflion bek>nging td'Sir j^)hl> Seahrighty mehtibned in the firft hnmber of this work 5 they do not foFfolJr ibr thjft' ^me order, and are miMd with odxeir^ ap- patently of a more mo^Bm date;, 'Tt(l^ iS a ftrong proof that thefe la1y$, sttlj* not the reveries of a Mbnk or a $ard. Ijpt that they were theeflablifhed laws of tfris il
The tranflation and; revifet of^tHeiJi laws will take up a conliderable time j theBdj- tor, unwilling to with-hold fo cuttious a fubjed from the public until'the whoFcdre compleated, propoles fbon to givie' t^eXb laws in chapters^ in fbme fiibftquent num-. bers. The Irifti to be printed, in the B,bman letter on one page, and the Rngfifls traqr-. lation on the other.
DuUin^ 2oth of -Mqy, 177^
is E t T E Ry
WftlTtm l>r THE Ytkt ife^ Hy
Sir JOHN DAVIS, Kht.
ATTOKNSr OEfrtRAL OF lR£LAl*fb,
TO
KO'BERT, EARL op SAtlStftJRV,
tHr M69r HONOURAliLB GOOD' tOR0»
X Am not ignorant how little my adverttfe- medtsdo add unto your lord(hip*s knowledge of Hie afl^irs of this kingdom ; forafmuch as I know, your tordfliip doth receive fuch frequent di^ (Ufchca from the lord deputy and council hercy ta' libtliing worthy of any conTideration is left 6^ tKem unadvertifcd. Becaufe, they, knowing tilings a priori^ in that they fee the caufes and glands of all accidents, can give your lord(hip litbire taW and perfe£t intelligence, than fuch an inffakiof minifter as I am, who come to under- fticnd things a pofterion\ only by the e£fe&, and by the l\iccefs. NotwithAanding, becaufe die diligence of others cannot excufe my negligence, if I oitiit duty in this behalf, I prefume ftill to write to your lordlhip ; and, though I write the fame things as are written by others in fubftance, yet perhaps I may fometimesaddacircumfiance,
which
^36 SI 11 JOHN D A VIS
which may give light to the matter of fufaftanoc^ and make it the clearer unto your lordfliip.
After the end of the laft term, my lord depoff took a refolution to vifit three counttoi in Uifti^ namely, Monaghan, Fermanagh, and Cavaoi which, being the moil unfettied and nnieformd parts of that province, did moil of all need hii lordibip'a vifitation at this time.
For Mon^han, otberwife called M^Mahon's country. Sir Willkim Fit^-Williams, . upon fjat attainder and execution of Hugh Roe M*Mh hon, chief of his name, did with good wifdoo and policy, divide the greateft part of that cooD- ty among the natives thereof, except the chord)- lands, which he gave to Englifli fervitors, in which divifion he did allot unto five or fix gootle- men, fundry large demefnes, with certain iCBtt andfervices, and to the inferior fort, feveoilfiiee- holds, and withal referved a yearly rent unto tlie crown of four hundred and odd pounds ; wherdy that county feemed to be well fettled for a yetr or two. Notwithitanding, the late rebellioii, wherein the M*Mahowns were the firil aAors, re- verfed all that was done, and brought things ica this country to the old chaos and confufion. For. they ere£ted a M^Mahon among them, who be-^ came mailer of all, they revived the Irifh cuttii^ and exadtions, detained the queen's rent, reduocd the poor freeholders into their wonted ilavery ; and in a word, they broke all the covenants and conditions contained in their letters patents, and thereby entitled the crown to refume all again \ they having now no other title to pretend, but only the late lord lieutenant's promife, and the king's mercy. I fpeak of the chief lords andgentfe-
men.
TO THE E." OF SALISBURY- 137
nen, whofe eiktes were fubjed to coodicions • ilbeit theit was yet no oflke fimnd of the breach of tbofe conditioas ; but ti for the petty free^ boiden^ whofe efljitet were abfolute^ many of them whofe names were yet unknown, were flaih in tbe late rebellion, and fo attainted, if any in- qoiiition thereof had been taken. Of fuch as did fcrvioe in die wars, and had their pardons, fome were remofed and tranfplanted by the tyranny cftheloids, and fome were driven out of the couatry« not daring to return to their freeholds widmit fpedal countenance of tbe Hate. And tbot ftood the efiate of Mona^an.
Touchiflg Fermanagh, otherwife called Nfa- gaiie's country, that country was never reduced to tbe crown fince the conquefi of Ireland, nei- iher by attainder, furrender, or other refumption fbtibever, until Sir John Parrot's government, fbo caufed Co-connaught M^Guire (father of Hogh M^Guire, who was a principal a£tor in the itte rebellion, and (lain in Munfter upon an en- counter with Sir Warham St. Lcgcr) to furrender iHthe county of Fermanagh in general words to tbe late queen, and to take letters patents back igun of all the country, in the like general words, to faim and his heirs ; whereupon was referved a rent of one hundred and twenty beeves, arifing out of certain horfe and foot, and a tenure in ca- fk. But this Englifh tenure did not take away his Irilh cililoms and exadions; he was fuffered ilillto hold his title of M*Guire, and to exercife hiityrannyover the qucen^spoor fubjcfts, of whom die ftatetook no care nor notice ; albeit there arc many gentlemen who claim eftates of freehold in that country, by a more ancient title than
M^Guire
138 SiajOHMDAVIS
M^Gnire hlmfelf doth daicn, the cYadbj. Go- connaught M^Guixe^ btfving, thus obtained lettdi patents, died feizcd of the counlry,, and aftetKi death, Hugh M'Guire being faifr eldeft fon, took pofleilioii t hereof 9 not a& heir at common hnti butastanifty and diiefof his naitie; was created M'^Guire, and held it as an Irifti Lord^ until hp was flain in adtual rebellion, wbtcb-tre hold ait attainder in law in this kingdomv Hereupon m office being found, that Hugh M^Guire vraa kiildA in rebellion, one couofellor Roe^ M-'Gutre, wfao(b anceftors had been chief Loi:d€ of the coontryi ] and who being reoeived^ lo graced had (K^ftfrmed good fervice in thefe parts, had a patent of the whole country granted unto him by the late-lord lieutenant, and held it accordingly during' the wars ; when young Co-connaught M^Gaire, brd* ther to Hugh M^GiHre^ and fecoTKl (on to tlie old Cb-connaught^' fubmitted hinafelf tp the latelotd lieutenant ; his- lordlhip promifed biin> to divide tlie country betwixt him and counfcllor Roc Ifl performance of which promife the ftate here by direction out of England perfuaded counfeltbr Roe to furrender liis patent, which he did, and thereupon fet down a divifion of the country, al- lotting the greater portion to Co-cortnaught, ac^ cording to which divifion, they have fmcc held their feveral portions ; but hitherto they have no letters patents, my lord deputy having made ftay thereof, till he had feen and underftood the ftate of the country, and eftablilhcd a competent number of freeholders there, which willbc more convenient*- ly and eafily effe£led now, while the land is in hid majefty*s difpofition, than it would be, if thofe Iri(h lords had cftates executed or paft unto thehi.
Upon
?0 THE E. OF SALISBURY.
on tbefe terms ftood the ellates of the chief Is of Fermanagh. But touching the inferior )^emen and inhabitants^ it was not certainly own to the ftatc here, whether they were only isnts at will to the chief lords (whereof the fxitain cutting which the lords ufed upon them
Sit be an argiunent) or whether they were free- ers, yielding of right to the chief landlord p$\Tk rents and ferviccs^ as many of them do al- ^flt^ alRrming that the Irifh cutting was but an (brpationi and a wrong. This was a point herein the lord deputy aod coundl did nuich efire to be refolved^ the refolution whereof would ive them much light how to make a juft and jua} divifion of the country^ and to fettle every irticular inhabitant thereof. Thus, much touch- g the eftate of Fermanagh. As for Cavan^ othcrwife calkd^ Breny Tleilye, or 0*R«ilyc*s Country, the late trou- fes had fo unfettled tlie poflibilions thereof, which deed were never well diflinguiihed and efta- filbed, as it was doubtful in whom the chiefry F that country reftcd^ or if the chief lord had :en known, yet was it as uncertain what demelnes ' duties he ought to have, and for the particular nants,. they were fo many times removed and efted, as their title and poiTedion were as doubt* 1 as the lords. True it is, that Sir John Perrot,. nng deputy, purpofed the reformation and fet- ing of this country, and to that end indentures ere drawn between himfelf, in behalf of the late jeen, on the one part, and Sir John Q'Reiiye, te chief lord of the country, on the other part , hereby Sir John O'Reilyo didcovenant to furren- er the whole unto. the. queen, and Sir John Fer-
rot
t3}*
I40 SIRJOHNDAVIS
rot on the other part did covenant that letters tents ftiould be made unto him of the whole ; beit there followed no efled of this, for was thereany furrendermadeby Sir JohnO'l neither was there any patent granted unto during Sir John Perrot's time ; marry afters when the late lord chancellor and Sir Henry lop were lords juitices, certain commanders fenf down to divide the country into baronies,
to fettle the chief fepts and families which they did in this manner. The whole try being divided into feven baronies^ they two to Sir John 0*Reilye free from all count charges and contributions ; a third barony t1 allotted to Philip O'Reilye, brother to Sir O'Reilye ; a fourth to Edmond O'Rcilye, to Sir John 0*Reilye ( a fifth to the foos of one Hugh O'Reilye, furnamed the Prior ; and out ff^ the three baronies, whereof Sir John O'Reilye wu[ not poflefled, they referved unto him a chief rent of ten (hillings out of every poll, (being a por* tion of land containing fixty acres, or therealx>uts) in lieu of all Iri(h cuttings and taxes. As for the other two baronies poQefled by the fepts of M^Kernan and M'Gauroll, being remote, an4 bordering upon 0*Rork*s country, ihey were neglcdted, and left fubjc<ft dill to the Iri(h exac- tions of the chief lord. But to the crown they referved upon the whole country two hundred and twenty beeves, which the deputy ever fmce hath taken for his provifion. This di- vifion oreftablifhment was made and reduced tc writing as one of the commilTioners, who is yet living, told me ; who told me wilhal that the) were well paid for thcu- pains ; for he that had
lead
TO THE E. OF SALISBURY. X4c
had one hundred fat bacons given him by country ; yet cannot we find any return for cbmmiflion, either in the council book, or in ^ncery i (o as hitherto there were only pro* made for the fettling of the country^ but _ vf as really or cfiedually done ; none of fuks or ceremonies of the law obferved, either atcepting furrenders, or rq;ranting the land again, or by any other lawful conveyance, ion of eftates. After this. Sir John 0*Reilyedied in rebellion; pon his brother, Philip 0*Reilye, took Mm the name of 0*R«lye, and poflefled Telf of the country as tanift and chief lord, ing to the Irifli cullom, and being fo pof- was (lain in rebellion. After his deaths ond CReilye, his uncle, entered in like man- ; and was killed in adtual rebellion ; fince the ^dttth of Edmond none of that fept was ele£ted l^created O'Reilye, but the chiefry of the coun- ^ytj flood doubtful till the end of the wars.
T3)en a niece of the earl of Ormond's, being , ihe widow of Mullinora 0*Reilye (eidefl fon of Sr John 0*ReiIye, which Mullinora had been al« vays loyal, and was flain on the queen's part) I (bppofing that Sir John 0*Reilye held the country f ^ grant from the late queen (which indeed he never had) caufed an inquifition to be taken, thereby it was found that Sir John 0*ReiIye was feifed of the country in fee, and died feifed, after whofe death the country defcended to Mul* Tinora, who likewife died feifed, his heir being within age, and in his majefty 's ward ; and there- upon (he made fuit to Sir George Carew, then lord deputy, as well for the grant of the wardfbip, as
for
141 SIRJOHNDAVIS
for the affignment of her dower ; whereas im ihc land never defcended according to the of the common law, but was ever held by ifiry, according to the Irifh cuilom, w there codd grow neither ward (hip n^t do for the tanift coming in by eleAion, neither )iis heir ever inherit, neither was his wifccycr dowed. Howbeit Sir George did affign tb ha third part of the profit of the country, and her withal the cuftody of the body of her but the cuftody of the land, during the pleafure, he committed to the care of one linora O'Reilye, great uncle to the fup \fc'ard, whereof the poor gentleman hath little benefit ^ becaufe not being created 0'Rdl|r by them, they would not fuffer him to cut a4 exaft nke an Englifli lord, neither would tbcy fuffer him to receive the eftablifhment made Ij the commifllioners, becaufe it had been broka and reje£led by Philip and Edmond, who fitheocc held the country as tanifts, or Iri(h chefttiu In thefe uncertam terms flood the poiition of Breny, which we now call the county of Cavia. I thought it not impertinent to (hew unto yov lordfhip how unfettled the pofleflfion of thofe countries were, before my lord deputy begari Ui journey, that it may appear how needful it wai that the lord deputy (hould defcend in perfon to vifit thofe countries ; whereby he might have pp- portunity to difcover and underfland the true and particular eftate both of the pofTelfions and pof- fcffors thereof, before he gave warrants for patt- ing the fame by letters patents unto any, and thereby prevent that error which hath formerly been committed in palKng all Tyrone to one, and
Tyrconncl
TO THE C. OF SALISBURY. 143
CtxoqoqcI to anodnTy and two other Urge terri- MM CO CDogheny and Randal M'Sorly, with- Mt any rc^ie^ of tiy kingla poor (vk^eebh who ifaiUt «nd boU the lands under them ; wherckgr bllviMDttta are made Uttk kingi, or rather tf^ ^u over tiieni, in ib mudi as diey oow beiiig vooed and pmyed by the ftate, oaMot yet be kamm te noake freeboldecs for the fervice of the temoivraaltliy which before the paiSc^ of their pUems, they would g^ly and humblj haipe fMded unto.
^ Vke cAilertittefere of the threecoiaiiies befero iiaiid flandini; \n fuch terms as I have before o^Mflbd, my lord deputy, accompanied with the kMI ^aaeeHor, the lord cSitef jtrftice, Sir Oliver In Wit 9 mA^r Oatvet Nfoore, and being alfo vned upon by myfelf^ who was for the fervice Jdac4 In eommiCiofi of afTize, and gaol delivery vMillie diief /uftice, began his journey the 19th dbf of July, 1606, being Saturday, and lodged titt til^t and the next at the abbey of Meliifont, Sr Oarvet Moored houfe ; on Monday night his kiiAip camped in the field upon the bfrders of Smey, which is the inheritance of the earl of ^Msfi and albeit we were to pafs through the iiiidi and vilell |mtts of the North, yet had we Qoiy for our guard fix or feven fcore foot, and SAy or fixty horfe, which is an argument of a ^aod lime, and a confident deputy. For in former iiDea, {when the ftate enjoyed the beft peace and acdrity) no lord deputy did ever adventure him- iBf intothofe parts without an army of too or 900. men. The third night after our departure rom Mellifont, we came to the town of Mo* ii^gfaan, which doth not dcferve the name of a
good
144 SIR JOHN DAVIS
gpod tillage, confifting of divers fcattered cabbini or cottages^ whereof the moft part are potkSkd by the cad foldiers of that garrifon, in the nortb- weft part^ whereof there ia a little forty which ii kept by the fopt company of Shr Edward Blayiie^, who is fenefchal or goremor of that cotinty bf patent. In the mtdft of this village there is t ' foundation of a new cafUe^ which being raifed ten or twelve feet from the ground, and fo left and negfeOed for the fpace almofl of two years^ii now ready to fall into ruin again ; albdt his nt- jefiy*s charge in building hath been already laooL at leaft. My lord deputy was aa much difpleafed at the fight hereof, as the chief lords of die oouh try are pleafed and comforted therewith ; becaufe if it were ereAed and finilbed in that form aa wu intended, it would at all times be a bridle totbeir infolency. For the M^Mahons undoubtedly are the moft proud and barbarous fept among the Irifh, and do ever fooneft repine, and kick, tod fpurn at the Engli(h government. My lord de- . puty having pitched his tent about a quarter of a mile from the town, did prefently dillinguiih tlie bufinefs That was to be done, the determinio|^ the matters of the crown ; and the hearing all per* fonal petitions touching debt and trefpafs, hekft wholly to the juftices of alfize, and gaol delivery^ and referved only to himfelf and the lord chancel^ lor, the confideradon of fuch petitions aa (houkl be made unto him, touching the landa and poflef^ fions of that county i which bufinefs, becaufe i^ was the principal, and taken in band by my UaA deputy himfelf, I will firft trouble your lordflpp with the relation thereof.
TO THE £• OF SALISBURT. 145
His lordihip firfi propounded to the inhabit- ants of the country two principal queftions in writing, viz. Firft, what lands they were at that inftant pofleffed of; and fecondly, what lands they claimed either by patent from the crown, or by promife from the ftate. When they had given their feveral anfwers to thefe queftions, my lord deputy thought meet to inform himfelf of the par- &ular eftate of the country, by perufing the book of divifion made by Sir William Fitz- Williams, which remaining among the rolls in the chancery, the brd chancellor had brought with him of pur- pofe for this fervice. By that book it did appear, that the county of Monaghan was divided into five btronies, viz. Dartrey, Monaghan, Cremorne, Trough, and Donamayne. That thefe five ba* ionics contain an hundred Bally betaghs, viz. Dar- tieyai, Monaghan 21, Cremorne 22, Trough 15, and Donamay ne a i . That every ballibetagh (which (ignifieth in the Iri(h tongue a town able to maintain hofpitality) contain 16 taths, each tath containeth 60 Engliih acres, or thereabouts ; lb as every ballibetagh containeth 960 acres, the atent of the whole containing 100 baliibetaghs, is 96000 acres, befides the church lands. All this country, albeit it were refumed and vefted a&ually in the crown by the a£t of attainder of Shane O^Ncal, notwithflanding the M^Mahons ^ heing ftill permitted to hold the pofleilion, no Qian fought to have any grant theroqf, until Wai- ter, earl of Eflex, obtained the whole barony of ^natnaine (otherwife called the Ferly and Clan* '^ftvel) to himfelf and his heirs ^ and afterwards, *^pon the execution of Hugh Roe M*Mahon, chief of his name. Sir WiiKapi Fitz-WilHaipi
L ' divided
U6 DtltlOHll DAVIS
dividid atid djfj^bfed the other baronies iii tl manner; In t!he Darlrey five ballibetaghs we granted in demefnfe unto Bryan M^Hugh 0| M^Mahoh^ then reputed diief of his narne^ ai Che heirs male of his body, rendering 30 1. ren viz. 6 1, for evbry balUbetagh, the other 1 6 baltifa faghs were divided among the ancient inhabitar of that batx3iihy, fome having a greater portion i Ibtted, JEind Ibcne a fefs ; howbeit every one d render a yearly rent of ao s. out of every tat ivhereof sa & 6d. was granted to Bryan M^Huj Oge M^Mahon, as a chief rent in lieu of other dUtiJ^ ajRd ^s. 6d. was refervedtot crown ; which plot Was obferved in every of t other birbnies, fo as out of every baHibets^ co taihing fiktten talhs, the lord had 10 1. and t
king6l.
In Monaghan^ Rofs Batie M^Mahon had lik wife iiv^ ballitietaghs granted unto him, with t like eftate, rendering to die queien $6 1, rent, ai the like chief tent^ as aforefaid, out of nine ball betaghs more, and in the fame barony Patri< M* Alt Moyle had three ballybetaghs allotted un him with the lite eftaic, rendering 18 1. rent the qubcn^ and the like chief rent out of t other fooTi,
In G^ifrtorne, Ever M*GoIla M^Mahoft, w #lw the firft o( that name that entered into t kfc I'ebelHdii, -iind is now fkrmer to my lord Effex of all his lands in thiat county, had f: iMUlybcfiighs in demefee granted unto him, a tNe^hfcrrs fni^tet>F his body, rendering 30I. n ib^ croWni tmd flie like chief rent out of twd diher\)kAyb!^hS| and m ^he fame barony c ntiick VhOk M^CcXtk MPNfahon hkd two b ^ lybcta{
TO TUB t. OF SALISBURY. 'm
lybetflghs and an half aifigticd to him in dMBeTne^ itfldering 15I. rent, and the like chief real out of nro other baronies and a half.
In the Trough containing only fifteen bally- beugha, Patrick M'Kenna had three baUytag^hs, ind twelve taths in dtftiefne, gven untohim^ with the like eftate rendering aat. rent as afore&idy lod the Yikt chief rent out of the feven other bally- betighs^ and in the fame barony ont Bryan Oge M^Mabowne, brother to Hiigfl Roe, who was executed and the like eftate granted unto him in three bally betaghs, rendering 18I rent in like inAnner^ and the like chief rent out of two other ballybctaghs, and under this condition, that if the patentees or their affigns, did not within five years build a cafile upon fome part of this land, contained in the patents, their feveral grants to be void.
Thus it appeared, that thefe four baronies were then beftow^ among die chief lords or gentlemen of that county, and as they had tfadr dfemefne and rents allotted urito them^ (b the inferior inhabit* ants, which were fo many in number, as it is not fit to trouble y6ur lord(hip with the lid of their particular nanies^ were all named in the book of divifioti, and had their feveral portions of land granted unto them, and to their heirs s howbtit the eftates made to thefe petty freeholders were not fnbjedt to any conditions to df fie^t the liutte, but only to a nomne pent for non payment of the Se- veral rents ; whertes Mi every grant made to the lords, there was a threefold prorifo, vit. that if any of them took upon him the name bf M^Ml* hon, or did fail of payment of the queeo'fi letir,
. »*r L %
M« S I R J O H N D A V I S
or entered into rebellion, and were thereof at_ ^ ^ainted^ their letters {>atents (hould be void.
Thus the temporal lands were difpofed. F<^, the church land, the abbey of Clunis, which ws^^ the only abbey of any value in that county, wa^ formerly demifed to Sir Henry Duke for yea« . but the reft of the fpiritual lands, which the Irilh call Termons, they were granted to fundry fervi- tors rendering los. to the crown for every tath ; which, out of all the church lands, amounted to 7dl. per annum, or thereabouts; but as wel tbefe patentees^ as the former, did all fail in per- formance of the* conditions, whereupon their fc- veral eftates depended ; fo as there wanted nothing but an office to be found thereof for the making
• void of all their patents ; and therefore as foon as the ftate of the pofieffions of this country did ap- pear unto my lord deputy to (land in fuch fort as
' U b^ore exprefled^ his lordfliip forthwith com- manded me to draw a fpecial commilfion dire£ted
• among others to the chief juftice, and myfelf, to enquire as well of the breach of conditions con- tained in the grams before mentioned, as alfo of all efcheated and concealed lands in the county. Accordingly thecommiflion was drawn, and feal-
•cd in the hamper, in the execution whereof we im- -pannelled as many of the patentees themfelves as ^ Appeared at the feffions, to enquire of the articles **'0niained in the commiflTion, fo as they them- "felves found their own letters patents void, fome
• for non-payment of the king's rent, and others ^for not building of ca flies within the time pre- *(cribed ; befides they found divers of the infe-
ttor freeholders to have been flain in the late re- •bdlion, whereby eight or nine bally betaghs ef- cheated
TO THl-^. OF SAliSRXHtT. r49'
clitttcd to the cr6wn, every ballybeiHgh (as I faid before) containing* 560 acres, or thereabouts ; which office being found, there refted in the pof- ftffion of the crown the greatcft part of that
county. This being done, my lord deputy entered into
council, in what manner he might beft difpofe and refettle the fame again, according to his in* ftrudtions received out of England in that behalf ; wherein albeit his iordftiip did refolve to determine 6f nothing finally before his return to Dublin^ wherewith the reft of the council be propofed to digcft all the buGnefs of his journey ; yet having an intent to make fome alteration of the former divifion, his lordfhip acquainted the principal gentlemen and lords therewith, moving them to give their free confents thereunto, to the end that tbofe fmall alterations might not breed any dif* fcrcnce or difcord among them ; fo thereupon his lordlhip did in a manner conclude, that Bryan M*Hugh Oge ihould be reftored to all that he had by the former divifion, except one or two bally- betaghs, which he was well contented fliould be difpofed to two young children, his near kinfmen • for which he was permitted to receive recompcnce out of the land efcheated within his barony.
That Patrick M*Art Moylc (hould likewifc be reftored in integrum ^ howbeit he was not well contented therewith \ alledging, that my lord lieu- tenant, when he received him to grace promifed to make him equal in poffeflions with Bryan M'Hugh Oge ; but my lord deputy found an eafy way to perform that promife. Notwithftanding his lordfhip defigned unto him one bally betagh more, being parcel of the barony of Trough^
which
whidi lying npon Uic hordq'.cf T^roPC hat biecn po({cffe4 of late bf the ftrl, w^ pr^wdet that it 13 parod of hU epuntriefi. . T^at Rpfa Bane Nf ^Mf^o\¥ii fliQuU lilqewife fa eftablilhed in all his former poflfeifionSy one h^lly betagh excepted^ wbi«h: hc fnnk;}y gav? to on ci his kinfmen ^bo wi)s forgotten iq thcl«it di vifion.
That Patriqk M^Kenna ^nd pry^n Qge M^Ma bon Ihould hold all their lands and rents with Qut any alteration fit aU- 9ut the grefite(( pbang \Kas to be m^do in |he barony of Qremorne the greaceft part whereof was by the former di vifiQQ aihgticd to Eve^ M'Co|la, who notwith Handing never enjoyed any part diereo, becaut that one Art M'Ho|ry M'Mahon^ an aftive am dei'perate fellow, who had a very (t^^Xi portioi given him by Sir William Fitz* Williams, ix|akin{ claim to that whol^baiony did eycr (ince by ftronj hand withhold the ppiTeiUon thereqf fi-om Eve M'Colla ; therefore not v\ithout confent of Eve himfelf, hislordfhipafligncd to Art M*Roryc Bvi bally beiaghs in that barony ^ and becaufe a plao called Bally lurgan, containing twp hallybetaghi lyeth in the midway between Monaghan and tb Newry, which two towns are diftant the one fron the other twenty-four miles ; and for as much a Monaghan being an inland town, cannot be Tup plied with vidtuals, but from the Nevvry, and tha it is a matter of great difficulty, in time of w^r, t( convey viiftuals twenty-four miles, having n< place of fafety to reft in by the way, therefore hit lordftiip thought it very necei&ry for the (ervio of the eftate, to referve thofe two b^Uybetagfas and to pafs fome eftate thereof to the governor a
Monaghan
/
TO T^E ^ OF ^AL^jSBURT. i{t
Mooagh^n, who dp^b under^ke within (hort tii^^ to build a Oifilt thcrcMppn at his pwn ch^sg^^^ Thefe kvtn, balilbeta|^hs (icing refumcd fropiEver M'CoUa, h^ hath yet allotted unto him ^nd hifi (bas in demefn?^ iiKl ia chi^fry ten ballilpetaghs^ ortb^eabouts; albeit Patrick Duffc M'CpUa hi$ kinfm^, doth ftill hold his five ballib^taghs i^> cordiflg to the Brft divifion. This refumption was made upon Ever M^olla for two caufes* firft in regard the fiate (hall not put him in quiet pofle^pn of a good part of that barony, whereas before he did not enjoy any part thereof: fecondly. beauTe he holdeth a whole barony in farm from my lord of Efiex, wherein he hath fo good a pen-* ayworth, as he is grown fince the wars to be pf
Sealer wealth than all the reft of his name be^;' , Ics.
This much was intended for the principal ^Qtlemen and lords of the country. As for the petty freeholders, fuch of them as have furvived the wars, and not being attainted, have been (ince pardoned, do owe good eftates in law ftill, and need only to be eftablifhed in their feveral poflef- fions, ail which his lordfhip hath a purpofe to dp by a general order ; but the lands of Tuch as were fUinin rebellion, his lord(hip allotted two or three ballibctaghs thereof, lying in the barony of Mo- nagban, unto divers caft Ibldiers dwelling in that poor town, which will be a good ftrength to that garrifon, the remnant being fcattcrcd in other ba- ronies, his lordfliip hathdifpofed to fuch of the in- habitants as were commended for their inclination to prove civil and loyal fubjedts. Lailly, the pa- tentees of the fpiriti^al or termon lands making fmt to his lordfliip tp be refiored to their feveral
portions
152 S I R J O H N D A V I S
portions granted to them upon the former dtvifioO| his lordfhip thought fit to extend the fike favour unto them Iriniiie. And thi^is theeffeftof tbit 'bqfinefs, which his lordlhip refervcd unto himfdfi ^vherein his lordfhip doth mate this a year of jubilee to the poor inhabitants of this county of Monaghan, becaufe every man (hall return to hii own houfe, be reftored to his ancient pofleflions, and withal have the arrear of his rent to the king remitted ; which is indeed a great matter, for the arrear of this county doth amount to 6000I. at leaft.
• Touching the fervices performed in this county by thejufticesof affize, albeit they found few pri- foners in the gaol, the moft part being bailed by ^ Sir Edward Blaney, to the end the fort whcrg j the gaol is kept might not be peftered with tbcra, ' yet when fuchas were bailed came in upon their Recognizance, the number was greater than wi cxpefted. One grand jury was fo wellchofen, at they found with good expedition all the bills rf indidtment true : but on the other fide, the juria - that were impannelled for trial of the prifoncr^ : did acquit them as faft, and found them not ■ guilty ; which, whether it were done for favour oT for fear, it is hard to judge ; for thp whole coun- ty, confifting of three or four names only, name- ly, M*Mahon, M'Kenna, M*Cabe, and O/Con- nolly , the chief was ever of one of ihofe names^ and of ihele names this jury did confift, foas \\ was impoflible to try him but by his kinfmen \ and therefore it is probable, that the malefadtors were acquitted for favour ; but on the other par't we were induced to think, that fear might be tim ^ caufe ; forafmuch as the poor people feemed ver^
unwillin
TO THE. E. OF SALISBURY. 15:
vSEog to be fworn of juries, alledgtng, that if !]f condemned any man, bis friends in revenge M rob, or bum, or kill them for it ; and : the like mifchief had happened to divers rs finoe the laft feffions holden there ; fuch is wbarous malice and impiety of thefe people : nthfianding when we had punifhed one jury good round fines and imprifonment, for ac* ing fome prifoners contrary to diredt and nant evidence, another jury being impannelU KT trials of others, found two notorious male- irs guilty, whereof one was a notable thief, and. 3tber a receiver of thieves, both which were mxly executed, and their execution (Iruck t terror into the bed men in the country ; for leef which they eat in their houfes, is for the part ftolen out of theEnglifh pale ; and for purpofe every one of them kecpeth a cun- thief, which he calleth his caterer. Bryan M'Mahon, and Art M^Rorye, two of the apal gentlemen before named, were indidted be receiving of fuch Healths ; but they ao- vledging their faults upon their knees before ord deputy, had their pardon granted unto I ; fo, as I believe, ftolen flefh will not be fo t unto them hereafter.
^hen we had delivered the gaol, we impan- d another jury to enquire of the ftate of the ::h in that county, giving them thefe fpccial ics in charge, viz. how many parifh churches : were in that county ? who were patrons? who' incumbents.^ which of the churches were iently repaired, and what decayed f of what ly value they were f what glebe, tythcs, or
other
H^ SIR JQ«N I?AV?a
otihcr duties b?lpngc4 imtqi evef j ^hvurch ? imd If llfl ft)Qk the pyrofits thereof.
This we 4i4 \>j vif tije pf that great commii Mehich W9S fipnt o>it of England about tweli iQomh9fiDCe; wh^l^y the comrxuflfiG^^ authortey ^mong othcjr things tp eiiq^irei of points^ and thereupon to take prder for re?edifylng and repairing of the churdies, and the placing of fuiiicient incumbents therein, point of that commifl^on was i^ot before time in execution any where^ albeit it was fundry di liioved at the council table, that fon^ewh^^ be done therein. But the bifliops that fit at thie^ board, being not very well pieafisdy that lay<^' men (hould internoeddie with ccclefiaftical mat<H ters, did ever anfwer that motion in this mannsr,' ^ ^^ Let us alone with that bufmefs, take yotu »f ** care for thatj we will fee it cffefted we wairiDf ** you." Notwitliftanding there hath been ((f h'ttfe care taken as that the greateft part of tin churches within the pale lie ftill in their ruins: for 8$ the common people (whereof many without doubt would conform themfelves) have no place to rc- fbrt unto, where they may hear divine fervice, this confideration moved us to enquire of the (late of the church in thefe unreformed counties ; the in- qulfilion prefented unto us in this county was in tUtin, becaufe the principal jurors were vicars and clerks; it appeared that the churches for the moft part are utterly wafte, that the king is pa- tron of all, and that the incumbents are popiih priefts, inftituted by bifliops, authorized from Rome. Yet many of them, like our old priefls of queen Mary's time in England, ready to yield conformity. When we had received this parti- cular
TO THR ^. OF SAl,IS9URT. C55
culariafbrmatiQn, it wm thought m^t %o rcforvc it, vid fuTpead and ftay aU proqc^ding^ theie* upoQ mtii the hi(hop pf Derry, Raphoe, aod Clogher (which three diocefe^ cgmprehcndcd the neateft part pf fJlft^Tt ail^it they he now uaiied & one man'a b^oefitj fliall arrive out of England} wbofeabfence, being two years finee he waseleA* ed by his naajelly, hath been the chief caufe that Qo courfe hath hitherto been taken to reduce this pOQr people to duillianity, and therefore at^'itf
LaiUyi for the civil government of this county, we made ieveral orders ; firft , for the building of a gaol and feiSoo^-houfe we impofed a tax upon the county (by cofifent of the chief gentlemen and fireclioldera) of i^ljer. and for the furplufage of the charge we moved my lord deputy and council to proqiife an allpwance out of the fines and ca* fualcies of that county. Next for the erecting of ^ frre fchool, aT\d maintenance of a. (choolmaller ifl Monaghan, we prevailed with the chief lords fofar, as they yielded to contribute %ol a year to that uTe; finally, we received and enlarged ipodry former orders made for the mending of highways, clearing of places, and bringing of lazy and idle men to juftice, 8cc.
This is the efifed of all our proceedings in the county of Monaghan.
From Monaghan we went the firft night to the ruins of the abt>ey of Clonays, where we camped ; and paflfmgfrom thence through ways almoll im- paflable for our carriages by rcafon of the woods and bogs, we came the fecond night after to the fouthfide of Lougherne, and pitched our teats Qver aga'uilt the ifland 9f Peveoifby a place
being
156 SIR JOHN DAVIS
being prepared for the liolding of olir feffions for Fermanagh, in the ruins of an abbey there. Hat my lord deputy diftinguifhed the bufinefs as had formerly done in the county of Monag referving unto himfelf the difpofition and fettii of the lands of inheritance, and leaving unto the ordinary matters both criminal and civil. For the lands of inheritance in Fermanagh, t' flood not in the fame terms as the lands in Mi naghan. For the fignorie or chiefry, and the mefne lands, that were the inheritance of M^Gdi himfelf, were reduced and vefted in the crown two feveral inquifitions found after the death Hugh M'Guire, the arch-rebel, of whom I ha fpoken before, the one found in Munftcr, w fhortly after he was (lain in adtuai xebellton t by fpecial commii&on, and the other in Fera nagh by the late lord chief baron, by virttie his office of chief baron two years fince, when was juftice of affize in that county, both w offices are returned and remain of record, the one in the chancery, and the other in the exchequcf. But forafmuch as the greateft part pf the inhabit* ants of that country did claim to be freeholder of their feveral poffeffions, who furviving the late rebellion, hac^ never been attainted, but having ^^ ! ceived his majefty's pardon, flood upright in law; foas we could hot clearly entitle the crown to their land, except it were in point of conqueft, (a title which the ftate hath not at any time taken hold of for the king againft the Iri(h which upon the conqueft were not difpofleffcd of their lands, but were permitted to die, feifcd thereof, in the king's allegiance, albeit they held the fame not according to the courfe of common law, but by the cuftoiti
ol
TO THE E. OF SALISBURY. 157
of ttnlttry,whcrcby thecldcft of every fept claimed
g ctiehy over the reft, and the inferior fort di- [ vided their poflef&ons after the manner of gavel
kiad) therefore it was thought meet to impannel 1 jury of the mod fufficient inhabitants to enquire ind preient how many freeholders there were, and what lands they held in this county, and what cer^^ tain rents and fervices they yielded to the M^Guire or other chieftains and tanifts in ancient time, though this w ere a bufinefs of fome labour, becaufe the cuftom of gavel kind had made fuch petty fac* lions and divifions of the poirefTions of this coun- ty, as the number of freeholders were exceeding great; yet within two days they brought in their inquifition in Irifh, which being tranflated into Englifb, appeared to be confufed in general, and without method ; wherewith my lord deputy not bdng fatisfied, his lordfhip having taken a refolu- tioQ to vifit the fort and caille of Bally(hannon and Tyrconnel, being fituate in the north-weft end of Lougherne, and not diftant from our amp above twenty Engli(h miles, commanded me in the mean time of his lord(hip*s abfence to call the grand jury who made the former prefent- ment, and with them the chief inhabitants of every barony, and by conference with them to digeft the bufinefs againft his return, which was done in this order.
Firft, we thought meet to diftinguifti the pof- feffions, next to enquire of the particular poflcf- $vs thereof. Touching the pofleffions we found Fermanagh to be divided into feven baronies, namely, Magheryboy, Clanawley, Clankelly, Maghery, Stephanagh) Tirkennedy, Knockrinie, lad Lough Lurgh. Every of ihefe baronies contain feven ballibetaghs and an half of land,
chargeable
\it SlftJOHNDAVlS
thftrgeable with M'Cuire's tent, and other wn^ tributions of the country. Every ballibetagh k divided intd four dudrters of land, and every (quarter into four tatns, fo as a ballibetagb cM. taineth fixteen taths, as it doth in Monaghan, but the meafure of this country is far larger ; be- fides the free*Iand, whereof there is good quan- tity in every barony, is no fmrcel of the feveb ballibetaghs and a half, whereof the barony ii faid to confift. For thefe reafons, Fermanagh, containing but fifty-one ballibetaghs aiid an half of chargeable lands, is well nigh of as large an extent as Monaghan, which hath in it an hundred ballibetaghs.
Touching the free-land, we found thena to be of three kinds.
I. Church-land, or termon-lands, asthetrifh call it.
t. The mcnfal land of M*Guire.
3. Lands given to certain fepts pnviltgtd among the Irifh, viz. the lands of the chronickn, rimers, and galioglaiTes.
The church-land was either monaftery land, corbe-land, or Erenach*s-land ; for it did not appear unto us that the bifhop had any land ia dcmcfne, but certain mcnfal duties of the corbel and Erenachs ; neither did we find that the par- fons and vicars had any glebe land at all in this country.
For monaftery-land, we found not other thiti that which belonged to the abbey of Lifgoole^ which doih not exceed the quantity of two balli- betaghs, and lieth for the moil part in the baron7 of Clanawley. But the lands belonging to the corbes and Erenachs are of a far greater quam- lity, and are foOftd in every barony. I had
heard
TO TRfe S. OF SALISBURY. 159
beard of the name of k corbe, and of an EreA&<^h divm tinted fince I came into this kingdortt, and vmAd gladly have leiarned of our clergym6ii atDabtin, what kind of religious perfons thty wcre^ but I could never be fatisfied by any ; and thteefore at this tipie I was the morb curious ztA inquifitive to inform myfelf of thefe ecdefiaftical perfoAa, the like whereof art not to be found ih any other part of Chriftendotn, iior ih Ireland hei- ther, but only in the countries that zYt mere Irifti. When therefore we came to emjuire of the quan- tity of the ttrmon lands, I called unto tfie one of the beft Itartied vicars in aH the country, and one that had been a Brehon, ieind had fome (kill in the dvtl and canon laws, and with riiuch ado I got fix>m him thus much light for the under* ftanding of this matter. They told me that the word Termon, doth (ignify in the Irifti tongue, a liberty or freedom, and that all church-lands whatfoeveir are called termon-lands by the Irifli, becaufe they were ever free from all impdfitions and cuttings of the temporal lords; and had the privilege of fanftuary , fo as no temporal fer- jeant or officer might enter to arreft any perfon upon thefe lands, but the bifliops officers only. Howbeit in common underfianding among us that are Englifh, we call only fuch termon-lands as were in the poffeffion of corbes or Erenachs. the name of Corbe, I could not leara that it had any fignification in the Irifh tongue ; fome call him in Latin, Omverbnu^ but fuch as are of beft underftanding, call him Plebanus, and they yield the reafon of that name, quia pkUtccl^iqftiue ft€tfi. I colledt by that which (hey fell me, dtttlie was a prior or prefident of ft collegiate - churdi^
!
Itfb SIR JOHN DAVIS
church, for he did not onbf poflefs a good quaor^ tity of glebeland,the tenants and occupiers whert-^ of were called termon men, and had privilege of^ c^ci^gy* hut he had alfo Tome redtorics appropri- ate, whereof he had that portion of tyihcs which belonged to the parfon, and had withal the pre- fentation of the vicarages. He had always hit place or feat in a mother church, where he had , a certain number of priefts ferving with him ; in the cathedral church he had a ftail in the choir, and a voice in the chapter, and this Corbefliip is named a dignity in the regifter at Rome ; for all dignities in cathedral churches, and all benefices of value in this kingdom are contained in a re^ iter at Rome, and the Pope at this day doth col- late unto them, and until this day the perfoiui pre- fented have enjoyed the benefices in thefe mere Irifh countries by colour of the pope's collation. Laflly, this Corbe(hip was in a ms^nner heredi- tary ; for though the Corbe were ever in orders, yet was he in thefe Irifli countries ufually married, or if he were not married he had children, and after his death, if any of his Tons were qualified with learning, he was chofen by the dean and chipter to be Corbe ; and if none of his fons were capable, another of that fept or furname was chofen without doubt. Thefe Corbeihips being in the nature of collegiate churches are veiled in the crown by the ftatute of diflblution of monafteries, and accordingly fome of them have been reduced into charge ; but there are yet many whereof no inquifition hath been found, but concealed, as de- tained by the Iriflirie unto this day. And that ' your lordfhip may perceive I weave not this web cut of my own brain, but that I have authority
for
TOTtf£ H. OP SALlSf VRT. lAt
for it) which I deiiVer^ I will here infert a oeitt^
£care in Latin made unto me by an Irilh fcholar^
whoTe opinion I required in this matter ; which I
have now by chance among my papers ; for the
moft part of thefe things I have fet down out of
my memory, being now at Waterford, and hav*
ing left the notes of our former journey at Ptfbljn.
The Scholar's opinioa wai thi^ :
Carbpiatus^Jhi Pkbamus^ dignitasefi^ et fnofy ^ ^<g^ pertintt^ fed anied att pafatH ; in matrki tcchfia dfbet nece/fkrii, effe^ i^ifi^Pi^ ^^ /^^nV orjii--: ftthis^ omnefipie decimas p^thmfes ad bake debet bar bere^ f/ beneficia adjunila buic i^s funt^ eorum^f cwferemiam bahet it prefentatiimpn : ifi^Mfh boc W^ men^ quia popuh et plebi eccUfiafii^t friatricis ecckjbt. prefmt ; cerium numerum facer dotum quajt coIkgu$r turn debet babere fecum ^ frimum ftalbim infu&ect ckfiA babft ; ikdfci etiqtn ftalkth vacuum in Mkfi& easbe4rqli\ ef yocfirh Jn omni capifuh ta^ p^Uco ^Hom prriuffq : intiffihiiut Romano Regiflro^ adeagiif ^nita^efi.
Of thefe porbelhips, th^ beft in thefe parts was at Clonys in the county of Monaghan, which M^Mahon himfdf procured to be conferred upon his eldeft fon, ^if^g 1^^ ^ ^^y in the time of the late rebellion. It wa)^ long before granted to Sir Henry Duke for ^^ars, and is now in the pop' feffion of Sir Francis Ru(h, who married one of Sr Henry Duke's daughters. There is unotfiet' at Dcrough in Ferman^h, which is fikewiffi brought Into charge. There are orifcrs m (yRonrke's country, others in tTpper Offoiyi and in Ormond, and in maay other places whicl} are not yet difcovertd.
M Tfattf
l6z . 9 I R ] O H N D A V I S
. Thus much touching the name and nature of
• Corbe«
For the Erenach there are few pariibes of ar compaft in estent, where there is not an Erenacl which being an officer of the church, took \x ginning in this manner. When any lord or gen tleman had a direAion to build a church, he di( 6tti dedicate fome good portion of land to fom faint or other, whom he cbofe to be his patron tbenhe founded the church, and called it by tb name of that faint, and then gave the land t fome clerk, not being in orders, and to his hcii fqr ever ; with this intent^ that he (houkl kce the church clean and well repaired, keep hofp tality, and give alms to the poor for the foul bealth of the founder. This man and his ha had the name of Erenach. The Erenadi Wi alfo to make a weekly commemoration of d founder m the church ; he had always prim tm/uram^ hut took no other orders. He had voice in the chapter when they confulted abo their revenues, and paid a certain yearfy re to the bi(hop, befides a fine upon marriage every of bis daughters, which they call a Lougl nipy ; he gave a fubiidy to the bi(hop at his fi entrance into his biflioprick. The certainty which duties appear in the bi(hop*s regiftcr ; ai thefe duties grew unto the bifhop^ firft, b cauife the Erenach could not be created, nor t church dedicated without the confent of t bifliop. We are yet doubtful whether thefe Ian poflefled by Erenach be yet reduced to t aown ; bccaufe the flatute c^ Chaunteries isr yet enacted in this Idngdom i but certain it
tl
f O THE 4. OI' SAtlSBUltY. 163
that tbcTe lAen poflefs all the glebe lands which l^ofigeth td fuch as have care of fouls.
/U^d therefore when they (hall be refutned, it ^ere tfitxi they (hould be added to the parfonages and vicarage6| whereby they may be found com- pclcat livings for able minilters, which niay be pUced hereaft^i* in thefe parts. F'ornow albeit^, there be in every parifh both a j>arfon and a vicar^l <* ^. ybtboth their livings being put together are hot' . rufficiem to feedl an honelt man. For the tyfhes j of every parith within the diocefe, which com- .^ prehetideth Morfaghan, and almoft allFemlanagb^. , aile divided into four part^ ^ wherebf the parfbn be^ ^ i/lg no pried, hath two parts |. the vicar, who U:^ cverapriell, and ferveth the cure, hath one-fourtti- pait^ and the bifhop hatb another fourth p^rc, { which, (jod knOweth, intheCepoor waftecoiui*.| tries do arife to very imall portions. And thus* we found the fiate of th^ church in this county.
Touchitig M*duire^s menial lands^ which were free from all common charges and contributions t of the country, be&ufe they yielded a large pro* : poniofi of butter and meal, tf ndf other provi(miSy for M*Guire's table, albeit the jury and other in- . habiutnts drd fet forth the(e menfiil lands in cer- tainty, whidh lyiilg in feveral baroines did not in quantity ctceed four batnbetaghs, the greateft ther«fof being In the pofTeinon of one M'Manus and his fept ; yet touching the certaiinties of the duties or pcovificni yielded unto M^Guireout of tbeie menfal lands, they referred themfelves to tftdd parchment roll, witich they called an inden- ture, remaining in the hands of one O^Briflan, a chronickr; and principal brehon of that country .: ' whereupon O^Brilhn was.fent for, who lived not^ fir from the camp, u ho was fo aged and decrepid
M 2 as
i6a SIRJOHNDAVIS
' ts he was fcarce able to repair unto us ^ when ^
was come, we demanded of him a {rght of that ai
cient roll| wherein, as we were informed, nptoim]
the certainty of M*Guire*s menfal duties did aj
pear, buta^fo the particular rents and other fe
vices which were anfwered to M^Guire out of evi
ry part of the country. The old man, feeming t
be much troubled with this demand, made an
{vt^$ th^t he had fuch a roll in his keeping befon
the v^s but that in the late rebelljoh it wa
burned among others of his papers and books b;
certain Eiigliih foldiers. We were told by fonx
that were prefent, that this was not true ; for the;
affirmed that they, had feen the roll in his hand
fiqce'^tbe wars. Thereupon, my lord chancello
bdiig then prefent with us, (fpr he did not acoom
pMy ^yi<Mrd deputy to Bally (hannon, but ftai
behifid , in. the caonp) did minifier ^n oath unt
him, and gEiye him a vety ferious charge to inforc
us truly wiiat ^as bcicbnie of the roll. The poc
old man^ fetching a deep figh, confeflfed that li
knew wherie the roll was, but that it was dearer (
hrm than his life, and therefore he would never d(
liver it qut of his hands, unlefs my lord chance
or would take the like oath, that the roll (houl
be reftore4 unto him again : my lord chancell(
imiling gave him. hi^ hand and his word, that 1
(hould have the roll re-delivered unto him, if 1
would fufier us to take a view and a copy therec
And. thereupon the old brehon drew the roll o
of bis bofom, where he did continually be^
al^ut him. It was not very large, but it was wri
tqi on both fides in a fair Irilh chuader ; hawb
fom^ part of the writing was worn and defae
iBth ti(pe and ill^kfepiitg. We ctufed it fort
wi
TO THE E. OP SALlSbtJRT. 165
vitb to be tranflgted into Engli(h, and then we pac&ftA hbW tnany veflels of buttet, and how fflfdy meafares of meal, and how many porka, nd other foch grofs duties did arife unto M^Guire out (^bis menful lands ; the particulars whereof i could have ejcpreflfed if I had not left tlie tranf* htedoDpy of the roll at Dublin. But thefe trifles tfe not worthy to be prefented to your tordfliip's knowMge ; it is fufficient to (hew what quan* titbthofe menfal duties are, and for the quan* dties thereof, though it were great in refpet\ pf die land out of which thefe provifions wete taken, whid) being laid altog;ether, doth not exceed four UTibetaghs, as I faid before, fuch commodities in thefe parts are of little or no value, and there- fore he never made any civil ufe of them, but ^t them waftefully in a fordid and barl>aroos nanner among his loofe find idle folluwers. Be- fides thefe menfals, M^Guire had two hundred and forty beeves, or thereabouts, yearly paid unto him oat of the feven baronies, and about his caftle at lonifldllen he had almoft a ballibetagh of land, which he manured with his own churles.
Arid this was M'Guire*s whole eftate in cer- tainty ; for in right he had no more, and in time of peace he did exa£t no more ; marry, in time of war, he made himfelf owner of all, cutting what he lifted, and impofing as many bonaghts, or Ured foldiers upon them as he had occafion to ufe. For albeit HughM'Guire, that was flain in Mun- ftcr, were indeed a valiant rebel, and the fiouteft that ever was of his name, not withftanding ge- nerally the natives of this country are reputed the worft fwordfmen of the norths being rather inclin- ^ to be fcholars or hulbandmen, than to be
kerne,
i66 S I ft I O H »} D A V 1 3
kerne, or men of aftipn, as they "^erm rebelsi ip tii kingdom ; ^nd for tUs caufe M^Guire iq the ja wars did hire and wag;: the ^esAp& part of I; foldiers out of Connaught, aqd out of the Bra
' 0*ltcilyc, and made his ow^i covintryinen fa them. And therefore the jury enquinpg of ?fcA^
~ found only two fredioldqrs iq thisi county , heiid .Hugh M*Guirc hipifclf, to have been flaii^ in tl late rebellion \ hereby your lor^dlip niay perfd^ what manner of lord M'Guire (hoi^ld have bee
' and what means and power he (hoitld have h to do hurt, if the ftale here h^^ in fornaer tim but looked into, the ftate of this coyntry, and b eftablifhed the EngHHi law^ and juftice amoi them^ >\ hereby every iiii^n might have cnjoy< his own. And your lordlhip may |ikpwife conjc
^ tnre of yrhat gfeaf nefs the ^cft of th|s (ur-nar will be, when the chicfry of this country (ball
" divided between twp M'Gui^es, and the frcch(
• dersfhall be eftabliftied in their feycral poflfeflior without any depcndjcncy upon the lords, payii
■ only their certain rents and duties. Affurcd thefe Irifli lords appear to us like glow-wornr which afar off feem to be all fire ; but being t ken up in a man's hand, are but filly worm: and yet this young Co-connaught M*Guire (whc brother Hugh was the Alpha, and himfelftl Omega of the laft rebellion ; for Hugh was tl firft that went out, and himfelf the laft thatcac in) will in no wife be falisfied with the greali part of the chicfry of his country. Such fa tl
J pride of his own heart, and fqch is the enco
ragement he receives from fome of place and po^
cr in this kingdom ; and to ihe end he muft I
thought a peYfon fit to ba pleafed. with extrac
• ' dina
f
TO THE tOF SALISBURY. '-\6^
Smj good terms, he gave out a falfe alarm fine few days before our coming into Fermanagli, ththimrelf, with the earl of Tyrconnel, were goae into Spain, a common and a poor Irifli po- ky, pradifed in this realm ever fince the con- qoeft, to amufe the date with rumours that are otter^ falfe ; wUch, notwithftanding in former times iiath prevailed to do hurt in that kingdom, according to the obfervation and faying of the old cardinal of Loraine, that, a lie believed but for aa hour, doth many times produce effects of fe- ven years continuance. 1 have digreft a little too nracbio this place, for which I humbly crave par*- don, if your lordfhip fliall not think it pertinent to this difcourfe, wherein I meant to fet down the quantity and quality of the M^Guire's menfiil duties.
Concerning the free-land of the third kind, oanely, fuch land as is poflefled by the Irifli of- . ficers of this country, viz. Chroniclers, gallog- iafles, and rimers, the entire quantity, if it were laid down together, as it is fcattered in fundry bvonies, doth well nigh make two ballibetaghs, ^dno more ; which land (in refped of the per- 'oDithat merit no refpedt, but rather difcounte- oaooe from the ftate, for they are enemies to the Ei^lifli government,) may perhaps be thought Q^t to be added to the demefne lands of the *ef lords.
In this manner were dillinguilbed the poflef- «^ of Fermanagh, which being drawn intomc- •^, were prefented to my lord deputy upon his 'ttuni.
For the feveral pofleflbrs of all thefe lands we took this courfe to find them out, and fet them ^ for his brdflitp's information. We called
unto
^6% Sift JOHN DATIS
Uito lift the inisabit«nt6 of tvery bar^fty ievcratly, . jb^gmmg with the barony of Mugfieryiboy^ whei«- tn we tocaipped, and fo calling One barony after aaother, we had pretenc certain of the clerks or Ickc^fspfthe country^ who krlcw all the feptt and families, and their branctecs^ and the dignity fif oiie fept above another ; and what families or ..perfoni3 were chief of every fept, and who were mat, and who were of a third rarik, and fo forth, till they defcended to the moft infeKor man in all the barony : moreover they topk upon them to tell what quantity of land every man ought to have by \ht cuftom of their country, which is of the nature of gavel kind, whereby as their fepts €r families did multiply, their poflclEons have been from time to time divided, and fubdivided, and broken into fo many fmall parcels, as almoft every acre of land hath a feveral owner, >^ho teritieth hrmfelf a lord, and his portion of land jbi$. country. NotVvithftanding as M^Guire hini- (elf had a chiefry over all the country, and feme demefne that did ever pafs to him only who car- ried that title, fo was there a chief of every fept who had certain fervices, duties, and demefnes, that ever pafled to the tanill of that fept, and ni- ver was fubjedt to dividcn. When this was till- . derfiood, we firft enquired whether one <6r more fepts did pbflfefsthat barony, which we had in hand, that being fet down, we took the names of the chief parties of the fept^ or fc^ts, that did poflefs the barony, and alfo the namte of fuch as were fecond in them, and fo of others that were inferior unto them again in rank and impQ^tiOnt^ Then whereas every baVony t^oAtaincth f<?v.en . ballibetsghs and ah half, wb caufed t^he mme of ever^ ballibetagh to be
written
> THE B. OP SALISBURY. tl9
ft dbwn^ and thereupon we made enquiry KMTtion of land or fervices every man held ry ballibetagh^ beginning with fuch firft as nd and fervices, and after naming fuch as e greatefi quantity ofUnd, and fo defoend- to fuch as poflefled only two taths. There tyed, for lower we could not go, becaufe lew the purpofe of the date was only to efta- iich freeholders as were fit to ferve injuries ; [fc we had found by experience in the county maghan, that fuch as had lefs than two taths sd unto them, had not 40s. freehold per f, jdSrra reprizas^ and therefore were not of letent ability for that ferrice. And yet the ler of freeholders named in this county was 5 two hundred ; and in this order and me- we digefled the bufinefs touching the podef- and pofleflbrs of this county of Fermanagh, 1 we prefented to my lord deputy upon his n from Baliy(hannon ; his lordfhip having ired it, and taken Tome coniideration of it, i the principal inhabitants before him in the ), told them he came of purpofe to under- 1 the cflate of every particular man in that ttry, to the end to cftablifh and fettle the fame rding to his majefty's directions out of Eng- , and that he had received fome information eof, which gave him fome good fa tisf action ; beit that he would not fuddenly take any final t touching the fame, but would refolve what fit to be done, and finifh his fervice the next lat Dublin. His lordfhip's fpeech, and good lonftration to the people, gave them great teatment.
It
lya SIR JOHN DAVIS
It remains, I (hould inform your lordfhtp, f( what of the fcrvicc performed by the jufticei affize in this county ; albeit they had little to here, no matter being prepared for them to upon, for the gaol delivery mqft needs beq ly difpatched, when there were no judices of that had either the will or the (kill to commit lefaflors, and where there was no gaol of failnefs to keep them, being committed. H beit, we had a full appearance of all the coun and there came in upon recognizances, taken IkilfuUy enough by the flierifF, and other Ii juflices of the peace, twenty perfons in nu or thereabouts j the greateil part whereof loofe and idle people, bound over to find ters or fureties for their behaviour ; others committed f6r felonies, whereof fome few indi£ted, biit in the end all were acquitted want of evidence, wfiich happened by the gence ofthe jufticcs of peace, who had not their accufers to profecute them. We reb the juflices of peace for this omi0ion, impofed fines upon them, and fo ended our pd delivery. Then made we the like inquifitiaa here touching ecclefiaflical living, and publift- edthe like orders for the civil government of! this county, as we had done in Monaghan ; and fo diflblved ou^ feflions. The erefting of a frc^ fchool in this county was deferred, till the com* ing of the bifhop of Clogher. The building of a gaol and feirions-hoiife was likewife refpited until my lord deputy had refolved of a fit place for a market, and a corporate town. For ibe habitations of this people are fo wildly tranfitoryi as there is not one fixt village in the whole coun- ty. His lordfhip took a view of two or three
places
TO THE E. OF SALISBURY. . »«t
• •••■' ■
places for that purpofe, of which he coDceiveth
the tbbey erf* Lifgoale to be the fitted ; and I con- je£tm that the next term, when the principal geatlemen c^ this country (hall repair to Dublin, to fettle their eftates, his lord(hip will make choice of that place for the (hire town of this county, ind then take order for the ercAing of a gaol and houfe of feffions there.
Having fpent fix or feven days in this wafte country, we raifed our camp, and returned the (ame way which we pafled before into the county of Monaghan ; and lodging the fecond night not far from the abbey of Clonays, we came the third day to the Givan, and pitched our tents on the fouth fide of that poor Irifii town. The appear- ance of this place was very full ; for not only the natives of the county of Cavan, but alfo many mhabitants of Wefimeath and other parts of the pale, bordering on this country, (whereof fome pretended title to land, others came to demand (lebts, and others to give evidence againil felons,) repaired to this feflSons ; the chief of which was the baron of Delvyn, who came attended with many followers.
^y lord deputy having a purpofe to pur- fue the fan^e courfe in the fervice here, which had been holden in the other two countries, caufed forthwith a commiifion to be drawn and pafa the feals, whereby the judges of affize and others were authorized to enquire of all lands efcheated to the aown in this county by attainder, outlawry, or adual killing in rebellion of any perfon, or by any other means whatfeever. For the difpatch of this bufinefs, a jury was impannelled of the bed koights and gentlemen that were prefent, whereof
foQie
tja ilk JOHN DAVtS
fome wttefdrfei^ inH^bksints b{^ ite p^d, aHdj freehbldeis of this couhtify, ^nd tbe reft ^eitl dwef oF cvtry Irfth fept, natives df f hii We rtedvtd tWb preferitmehts frofti th*Bi: firft of fundt-y freeholders whb Wttt flaih itt. late rebellibn, and of fuch lands te they wdfcl rally fcized of at the tinie of their killings, fecond was, that Philip O'Reilye, who wa*, cording to the cUftom of the couhtry, O'Reilye, and wak lord and chieftiin oJF Xht country being fdzed of all lands, ten'ei und hctedttami^nts in Breny O'Reilye, U fuo ti Afttdo etjure (for thefe are tht wi the inquifition) was flain in adtual rebellicm dgain they found, that after the death of one Edtnond O'Reilye was, after the Uke of the country, created 0*keilye, arid wail like manner feized of the coiintry, arid beii feized, was flain in rebellion. They found, that Sir John 0*Reilye, who was chieftain tanift of the country long before Philip and mond, did adhere to the earl of Tyrone, other rebels, and died an aAual rebel againft crown. This inquifition was found with difficulty, becaufe the jurors themfclvcs, all ch ing and pretending to be freeholders of lai within that county, were jealous leaft their pai^ cular freeholds might be found efchcated by thi office; becaufe in the time of rebellion thefe lord or chieftains, by their Iri(h cuttings and exaAioi took the profits of the whole country at the pleafure, and fo might be faid to be feized of \ the country in demefne, when they were flain rebellion. But fome of the jury being learned tlie law informed the reft, that by the words i
dOffttfl
O THE Ep 9R ^AlflSBTJRT. 17}
}koJifo ei ^/^ ^ jV^) not only lands in de- le or poflcffion^ but a figniory or chiefry nu^y ixifcftoQd, and thereupon they were content- at: thcK feals to thq inquifition, which boixig jk. mad engrQ(Ie4 in parchment by one of the Qi^ners waa prefented unto them. By the(e offices the greatefi part of this county (if npt( a vefted in the. poilbilipn of the crowa* but i^c my lord deputy conceived his m^edy*^ [^^ to be, that th<; riatives of the oouotryt. fhc^n hif highnefs hath granted, hi^ gen^rftl Imi (ball be rcrcftabiifhed in tbeii poi]^pQf» idi !|»ey peaoeably held before the late wv;. ffttt I dp npt underftand that^ hialprdfhip hfith particular dircdtion touching the difgof^^oi^ ioSm country of Breoey 0*Rf ily) his ior<Mbip eeCure thought fy. to IqoI; bade to the time h^^ Kthf: late rebellion, and to inform himfelf how sy. nian*a pofleifion ftopd at that timCf and peuppo commanded onQ of u§ to u)(e tb^ like. jp as was taken ip Fermanagh, and in thf like |ar and method to dil^inguilh th^ poflcifon and l^ffiqns of this, country ; which wa4 . thcr Qipre Uj performed, becaufe in the Irifb coi^ntrief |Be the cuftopi of tanillry is not ei^ingui(hed, gtentures are every where alike. There is ftrft gmeral chiefuin of every country or territory^ Uch bith fonie deqoefne, and fpme houfliokl pro* fiooa yieUed unto him by all thei inhabitanti iriqr him, every fept or fur-name hath a parti- i|ar chieftain or tanift, which hath likewife his miliar demefne, and duties, and thefe poflcf- PUS go by fuccefiiQa or ek£tion, entirely without ly divifion ; but all the other lands holden by inhabitants^ are partible in courfe of
gavel
174 SIR JOHK dAWti
gavtl kind, wherein there is no dttK^nce between lM;itimate Tons and baftards. and ll fore both thefe cuftoms both of taniihy and kind in this kingdom are lately by the opinion all the judges here adjudged to be utterly and extinguifhed either by Airrender or refi thn of all the lands whidi are fo hotden.
My lord deputy haring recdved the likeic of the lands and the like diftindtions or lift of freeholders in this county, as was prefented tol lordlhip in M*Guire*s country, deferred the pofing and fettling thereof until his return Dublin, having a purpofe in Michaelmas U to make a perfect eftablifhment of thefe counties.
The date of the lay pofleifions being ditt
vered, we did not omit to enquire of the nt
and vahie of the parfonages and vicarages, of i reparation of the churches, and of the quality i
their incumbents, by which inquifition we that the greateft number of the parfonages appropriate unto two great abbies lying wi the Englifh pale, namely, the abbey of Fc^re Weftmeath, granted to the baron of Delvin, the abbey of Kelts, whereof one Gerrard Ftei is farmer. To the firft of thefe, fourteen fonages within this county are appropriate ^ to the other eight : befides there are two or d belonging in the like manner to the abbey Gavan in this county, being now in the poflisffioM of Sir James Dillon. As for the vicarages, tb^' are fo poorly endowed, as ten of them beings united will fcarce fuffice to roaintaio an boncflk m'miiler.
F*
TO THE E. OF SALISBURY. 175
P For the churches^ they are for the moft part in I fudi as were prefented to be in reparation, only with thatch 1 but the incumbents, parfons and vicars, did appear to be fuch 9 ^88^9 ignorant creatures (for we faw ma^* them in the camp) as we could not efteem of them worthy of the meaneft of thofe liv- alb^t many uf them are not worth above fcf iunnuttm
country doth lie within the diocefe of e, whofe bifiiop always was, and is parfon Xrim, in Meath, which is the beft parfonage mil the kingdom j whofe bifhop is a man of country birth, worth well lugh 400I. a year : doth now live in thefe parts, where he hath biihopridu : but there is no divine fervice or to be heard within either of his diocefes^ lordlhip might have &ved us this labour of ouching matters ecdefiaftical, if he had careful to fee the churches repaired and lied with good incumbents, as he is diligent vifiring his barbarous clergy, to make benefit of thdr usfufficiency, according to the para- which is common in the mouth of one of our it bilhops here ; that an Irilh prieft is better a milch cow. Uiftly, our gaol delhrery was greater in this , and the civil caufes were more in num- ; and of better confideration and value, than that dkl arife in the other two (hires, whidi ve had paficd before. Yet we finifhed all our hfineCs here within five or fix days, and after Rtomed to Dublin about the asd of Auguft. TUs report of our fervice in the county of Cavan, I have contrafted and delivered fummarily, as
wcU
i|(. SIR JOHN SAVtS
wdi for that I doubt I have been too large in the precedent difcourfe, as alfo becaiite we hdda lUiiform proceeding, and did in a manner the fame things which we had performed in the other plaoet of feiTion.
Now, may it pleafe yoiir lord(hip, upon con- ikleration of the whole matter^ in my weak ap- preheniion, I conceive thus much, that if my lord deputy do finifh thefe beginnings, and (ettle thefe countries, as I afTure myfelf he will, tlui will prove the moft profitable journey for the fcr* vice of God and his majefty, and the general good of this kingdom, that hath been made in this time of peace by any deputy thefe many years. For firil, his lordfhip having gotten a true and dear underftanding of the date of the clergy, in theie parts, many will take a direct fpeedy courfe for the planting of religion among this rude pe<^ pie, who are apt to take any impreffion. For his lordihip knowing the number and value of the benefices in every county, may caufe a union, or rather a fequeftration to be made of fo manj as will make a competent living for a fole miai- fter ; then may he give order for the building of many churches, as there (hall be competent liv- ings for minifters in that county ; and this prepa^ ration being made, his lordftiip may laftly provide fuffident to ferve in thofe churches. Next for U^ majefty's profit, there will be revived and aiTurec^ to the crown 500 1. per annum ^ out of Monaghan which though it was formerly referved was neve=?-T paid to the king's coffers ; and out of the others two counties there will be raifcd 500 1. a year at leaft for rent and compofition. Befides, crown is reftored to all the patronages of ecdefi—
afticaL-
TO 1^H« I. OF SALLSBV&T. 177
&\nl pMinMionfty ^hich heretofore were ufurped >y 'the .i>op^ttiid utterly neglefted by -the fiate icve. Licftly, iAs inajefty (hall have wardfliips, Bfcheats, fines, atnercemeots, and other cafualties^ Mmh w«re oeTer had nor hestrd of in thefe paria. >RiiaUy^ for the Gomnx>n good not only otthefe j^aits, but of all the. kingdom- befides ; his lord* ttip in this journey hath cut off three heads of ^t hydra of the North, namely, M^Mahon, id^uire, artdO^Reily ) for thefe three names of Uiralry with their Irifli duties and exactions (hall 4je ittterly '• abolilhed, the cafiom of taniftry and ^pvil kind bang abfurd and unresfonable, as they are in ufe here, and which have been the cau(e <rf many murthers and rebellions (hall be clearly ez- tingui(bed, ail the pofie(fions (hall defcend and be oonveyed according to the courfe of the common law, every man (hall have a certain home, and know the certainty of his eftate, whereby the peo- jAe will be encouraged to manure their land with lietter induftry than heretofore hath been ufedf to bring up their children more civilly, to provide for their pofterity more carefully ; this will caufe them to build better houfes for their fafety, and to love neighbourhood | thence will arife villages and towns, which will draw tradefmen and arti- ^ fioers « fo as we conceive a hope that thefe coun- tries in a (hort time will not only be quiet neigh- bours to the pale, but be made as rich and as d* vil as the pale itfelf.
This is the effedt of the fervice which was per*-
furmed in that journey, which my lord deputy
made into Ulfter this fummer vacation ; whereof
I have made unto your lord(hip a broken and dif-
'fCrinted relation ^ for which } humbly crave par-
N don.
178 SIR JOHN DAVI8, &c.
don, the rather becaufe I was continually inter^ rupted in the writing thereof, being employed upon my return out of the North, together with my lord chief juftice, in a new commiflion of affizeand nifiprius for the counties of Waterford, Wexford, and Wicklow ; fo that I have been enforced to take fradtions and darts, and almoft inftants of time to fini(h the feveral periods of this rude difcourfe : iii which, notwithftanding, I hope your lordlhip will, according to your .wonted noble difpofition to me, accept in good part ; andfo with the prefentation of my humble iervice, I leave your lordlhip to the divine prefer* vation.
JOHN DAVIS.
Of
Of the Original and firft Inftitution
of CORBES^ ERENACHS^andTsR-^
MON Lands*
Written by J A M E S USHER, afterward* Archbishop of Armagh, Anno 1609.
pThia. Traa is in the Library of the College of Dubliii» all in Ulher's own Hand*'Writiiig» and flgned bj him J. IX» 1609]
A* OR the declaration of the original and firft inftitution of Corbes^ Erenachs, and Termon- lands, it is to be confidered, ift, of what nature thefe lands be. a. How they came to be pofleflf* ed by the Termoners. 3. Who thefe Cor bes and Erenachs may feem to have been^ who now are the chief of the Termon men. 4th, and laftiy. Who had interefts in the profits of thefe lands.
Toucliing the firft, it may be obferved, that in times paft it was provided, that whoever founded a church (hould endow the fame with certain pofleiBons, for the maintenance of thofe who were to attend God's fervice therein, infomuch that a biihop might not confecrate any church, bef(»re an inftrument of fuch a donation was delivered by the founder. Concil. Braccarens. cap. 5. ^ Unuf- * quiiqueepifcopus meminerit, ut non prius dedicet ^ ecciefiam aut Bafilicam, niU antea dotem Bafili^
N a !
iSo USHER OF CORB£S|&c.
* cse et obfequiumipfius per donatioaemchartulae cc ^ fiiuialuiii acdpnit. NsnK)ue non leviseftiftaten)
* ritas, fi fine luminariis^veifinefuftentationeeoru ^ qui ibidem fervituri funt, tanquam domus priva ^ iti^sibtfttretiir tdctefia.' And after this doiMio the {bunker was no longer to have the difpo&I thefe (Kmellionsv but tbe ordering thereof apjxs tained unto the bifhop. WheriBbpon this caHi
TJicuaTui ^^* cnadtcd in divers councils, (a) * Multi, cent
cl^ 19* « canonum conftituta, fie ecclefias^ quas sedificav
Msfont. ^ nht, jxAiilatit cbrirecrari, ut dotem, quam ddc
^"^4. * ccdcniecontulcruht, cehfeantadepircopiordina
^j^' . * onem non pertinere, quod factum et in preteriti
«A^!' * dtfplictot,'et in ftitwoprohrbetur/ Hicnce itcame
'•• pdfs, that every church had allotted to it a ceftj
proportionofland (with fervantsappertainingthei
unto) free from all temporal impofttions and e
admrfs^ as may appear by the ftatute of Charl
(I) capttu. RUigfie.<&)* Snuutam eft ut unicuiqne ecdefiftui
i», ab An. ^mtfnfus integer^ abfque alio fervitto attribuatt
yStStu &c. And the council of Cologne^ held in i
'^' ^ ttetieof Ghariesthegroffe/Neque ex dote ecdcfi
*i. e. ex uno manib et quatuor mancijMis cen
« exigatur/ Neither is it to be doubted, but tl
thofe wKd founded churches upon their lands, I
ifig \i^illing to affign an endowment unto them
pifecfes itaoft convenient, would for this purp
^^dfllUy takkt choice of the lands next adjoi
kig unto the houfe which they had binlded,
u) Hid. ^de ic) particular^ recordeth in his hiftory of
^^'^^^ fhop Aldan, • that he had no proper poflcflk
3. ctM7. ^ ^^^ ecclefii ftA et adjacentrbus agellis/
Kcfw Brenach and iTermon^lands being f IhMriU enlarges of tciniK)^ lords, as all e^ lilttii^'^pofieffions wcreby die fofilrth cotaftitoti
QSHER OF CQR9](% te^ rttt
of tbecoumulheldat CaAfli, Anno u7*t (d)^^^^'mf^. biliiqps.bdngthe diief lor<l»pf tbeaivftod qbiiictoHib. iip. beJDg commonly Iwlt upon, them, the reptctttoa * '* ''^^ of agrent put whereof. Uy' continuaUy upon the EceoAcbB ihac belong^ totbetn, therftiBiKtqpef- tion tobenade but that th^ wereof thia mtwe; and forafmuch as unto thqfe lands certain fiM* doms were anneiied, namei|y, the privilege q£ fiinc- tuary (as appeareth by the.offioe f taken for. thct▼•"«*^ ooQQty of Cavan) the land from thence was called^' TenQon, or free and pro«e£ked land : for the word tearmum is ufed in the Irifli tongue for a faofinary ( whence Termoii-(echin,a town bel^n^- ing unto the arghbiftiop oP Armagh hath his deno- mination, Vs it were the £ln£tuary of Fechin, (0 JjJ^J^, (Ac of the country faints) and may well be thought tom. Hih. to have been borrowed by the Irifli (as many other $«; m^ words are) from the Latin iermimu^ by reafon ^^^am that fudi privileged places were commonly de- cs^xmj %ned by fpecial marks and bounds. Termimu^ mmu* finaihcibabeai/gna circa fe^ fayaan ancient fynodi*^'*i* ^ (/) Ireland ; and the oldJaw of the Bavarians, {£2m (Gb« 4. } I .) * Si quis fervum ecdefias vel andllam haiMNor fa * ad fugtendum fuaferit^ et eos foras Terminum]^J^^ *dmerir,ct exinde probatus fuent,revoceteum ce-^W"* 'kriter/ &c. I conclude, therefore, that Tibrmons were indeed free land, but free from all claim of ^poral lords, not of the church, being truly ^^^^it9rium ccclcfiqfiicum^ land merely ecclefiaftical, '^t of fuch a middle nature as the jurors of 6an- 8^11 found that land to be of, wherein their mo- ^^>ftery was feated, wbofe evidence is thus record- •*. (ff) • Noftri jurati dixcrunt, quod noftrum mo- Jj^J^^* ^Qafterium in loco libero, non in fifco, non in terra ^^ ookMo ^ccdefiiuftica eflet/ Uc Our Termons, I f^y, ^trttu^^' ^
tU USHEROFCORBEd, &c.
not firee after this fort, but tributary unto the churcht as may be feenin the regifter of Clogher^ Qj^j^^ where Matthew, bifliopof Clogher, is faid to bekMigiiig have granted certain lands unto one Philip chwch in O^Heogan, * pro duobus folidis fingulis annis fibi ^J^*** * et fuis fucoeflbribua et ccclefiae Clogherenfi fol- wcftcooB- ^ vendis nomine tributi ;* and a little after/ quam ^\)Jdlka> ^ terrae peciam fecit patricius fufcus O'Heogain
iSd^tS^ * Erenachus didtae ecdefiae nobis et eccleliz Clog- mob ia tbt^ renfi tributariam, reddendo inde nobis et fuc- '««•»%/ ceflbribus noftris ex eSl fingulis annis unum fo- '^^ * lidum ufualis monetc*
So the tenants of the Erenach and Termon- lands were tributary, ox fervi ecclefia/liciy which is the fecond point to be enquired. Fof the under*^ Handing whereof it is to becoafidered, that the temporal lands appertaining to the church, were occupied by laymen, who hufbanded the fame, both for the behoof of themfelves and their fami- lies, and likewife for the benefit of the church. In (/i)Pithaai*' a^monitione {b) Caroli apud Piftas : ** Ut co- in Gitftrio 4* loni, tam fifcalcs quam ecqlefiaftici,,&c. non de- aopera, ^* negcut (i) carropcra et manopera ex antiqua Ji^"*^" confuetudine. Ibid, ut quoniam quibufdam in ro Orrnte c« j^^jg coloui tam fifcalcs, quam de cafis Dei fuas
iag. ^^ hsereditates, i. e. manfaqusetenent, non folum ^< fuis paribus, fed et clericis, canonicis, ac viilanis *♦ prefbyteris, et aliis quibufcumque vendunt, ct •* tamtummodo cellam retinent ; et hac occafione ** ficdeftruftse funt villas, ut non folum cenfusde- ^* bitus inde non poffit exigi, fed etiam quaeterr«e ^* de fingulis manfis fuerunt, non poflunt cognofci ** conftituimus ut pr^ipii^tur a noftris miniftriali* ^^ buset aminiftris, ut hoc nullo modo de csetero *• fiat,nevill8e deftnifkae atqj confufe fiant/* Thefe occupiers of the land were of two conditions, as
appeareth
USHER OF CORBES9 &c. it3
appeareth by the fentence of Aiutftafius the emper* or. (k) ^^ i^icolarum alii quidem font adfcripd^ (||)^' ^^ *' til, et eorum peculia dominis competunt ; alii ve- lU. Agrt. ^^ ro temport annorutn triginta coloni fiunt Ubeiiej^^]^ ^' manentes cum liberis fuis, et ii etiam coguntur >*• ** terrain colere £c canonetn preftare ;*' and in the fame title, in the lafi law fave^one^fedt. ult. no man may *^ vel adfcriptitium vel colonum alienum fci- ** enti prudentique in fuum jus recipere i* but he muft refiore him ^* admonente domino vel ipfius adfcriptitii vel terrae. Dominus terrae (the land- lord) was lord of the adfcriptitius,'* but not to the free colon, who had for his lord, the land, ra- ther than the landlord. Whereupon the emperors Theodofius and Valentinian (/) give this note con- l^iJjJl it. cerning them : ^* Licet conditione videantur iQ*||^5'^ ^* genui, fervi tamen terrs ipfius, cui nati funt, Thnctate. ^^ exiftimentur, nee recedendi quo velint, aut ^^ permutandi loca habeant facultatem.*'
Such were the cobni liberty who by thirty years
pofleflfion obtained from the landlords an ellate of
inheritance, remaining free tenants, tho' holding
by a bafe tenure. Porafmuch as (even by the cpm-
Qipnlaw) (m)nolandholden by villenage, nor anyM J^Hdc
<^u/loiii rifing of the lands, can ever make a free-i^i^^
'^ttn villein. Adfcriptiui were the fame with thofe
^hom the Grecians call kfMxm rS i^^mp i^ri iffiu$
^OfS/irvus ; our common lawyers, villeins regardoHi
<o 3. manor; and the French, i&om/»^i^mmiiffor/ii#,
^Ko could not be alienated away, but were perpe-
tusilly bound unto thofe lands, whereunto at nrft
^^^ry were appointed ; in which refpcdt, mancipia
^^H^ica^ in the civil law, are reckoned among thofe
gc>^8 which are inunoveable. *^ Noi^inatim Ju-
** B anus ait mancipia eile veluti membra rerum im-
" " — *^'** — : atqueideo, 1. 3. D. de divers, temp.
prefcrip.
184 USHfElR'OF OORBESi Sec,
^^fvefcrip. Longe^pofleffioQia prefcriptio loaw
*^ habere dicitur tarn in pracdiis qiiam in mtncipiiiy
&c." Thu8 Cujadus in his cxpofltion of Jufiini-
aii*6 7th novel, where the ftanite of Leo the em-
lhlm!'!joi- P*'^^ '® recited, ** Vuh (») ilia (Leonis nempe
lit. %. Tit. ^* confticutio) neque Deo amabileni archieptfe^-
** pum, &c. neque cyconomum vendere, aut <i<h
^^ nare, aut aliier alicnare- rem immobilexn, d6-
^^ mum forfan au^ agrum, aut colonum, aut mui-
^* cipia ruftica, aut civiles annonas (nam et-hiR
^* inter immobilia funt numeranda) qus con>petuiit
** Conftantinopolitanac landtiffimae majori ecclcfiC|
slkancla.' " &c. In like fort, the council held at Scnlis," (f)
SSu^BiDeT** NwlK liceat alicnare rem immobilcm ecclefiCi
t^drum *« (rve domum, five agrum, five hortum, fivenif-
eftiiietna; '* ticum mancipium." Thcfc fcrvanta were often -
'*! oqJ'iV manumitted and made free, remaining yet ftill
tributary unto their landlords, of which conditioa
were they who in France oFold were called' Zift^i
.or Z>///f in Italy, Aldi(mes\ of whom mention i$
made in tt|is conftitution of Ludovicus Pius, apid
jplf^/umj lib. 4. cap. 1202 (in the copy wMdi
^^cSiT Rciturus Reinecc'ius (p) ufed ; for in Pithcfsui**
aroiimig-edition I do not find it ; " Aldiones vel Aldiamed
"' • W« c< i^g^ vivant in Italia in fcrvitutcm dominorum
'• fuorum, qua Fifcalini velLidi vivunt in Franda.*^
And in the law$ of the Rinuarians. tit. 64. §. i*
"Si quis fervum fuum tributarium aut litum fecc-
** rit, fi quis eum interfeccrit 36 fol. culp. jud."
Of thefe divers conditions of fervitudc mention is
made in the laws of the erriperors Arcadius and
(f ) Cod. !ib.Honorius, (y) ** Servos vel tributarios vel inquili-
Agrk.'S ••nosapud dominos fuos yolumus remanere^'*
ccnf etc©-and in thefecond council of Challons, (r) ** Q^
fr) coadi. " conitat m eccleua diverfarum conditioqum no*
n^ci^j. ** mines cflc ui fint nobilcs & ignobiles fervi, co-
*• loni^
^' Ions, iaquilini, et c»lci^ bujufmodi nommay ^^ oportet ut quicuiique eis prdatr fant clerici &» ^ Itici dementer ergo cos agant, et miferecordifer ^' eos tra^beot, five in exig^ndia ab cis operibus* '^ fiv€ in aodpiendis tributisi & quiburdam de vt- ^^ til/* &c. Thuain times paft thoTe who endow- ed dnirdics »id abbey?) beftowed not only bare landS) but landa Oock^ as it were with certain ftpis and races, tied there perpetually to perform aU fervicea for the behoof and bebefit of thofe to whom they were given. Suchadeeddf gift- we find made by one Brfoinus, (i)in the time of Ei-(f)cent«r. ffricus or Cbilperic the French king, about 866^^|^* years ago : ** In loco qui dicitur Openwilar© tra- «*•*•.*«• a- ^^ dimus^ S. Galloni (he meaneth Gallusi one of hm. w ** Ac old worthies of Ireland^ from whom the fe*^^' ^' ' cnous monaftery and town of Gangall in Switz- f* eriand, had the name) viginti inchos, et in *^ Eberinhen unum inchum de vineSi, et de colbnis ^^ meis Erfoinum cum uxore fuk, et cum omni aji- *^ pertenentii foi, cum ca(% et cum terr&, et cum *^ omnibus fuis, et alium fervum noipine WaMol- ^*fum,cum callL, cumterri,et cum omnibusad eupd **T)crtihentibu5.'- Hence it is that we find To oftfiJh in old grants, nien numbered among other pof- feffions given in l^rank-AlmcMgne ; as in a chafi^ - tqr of K. Henry II. ratifying a former donation qf cirl Stronglbow, in thcfe words : **^ Sciatis qucjl. ^ ^go dedi et conceiTi et hSlc mdL chartfi confirm^- •" vi Thorns Dominico mco clerico dignitatem "qus dicitur abbatia de Glendalachc, et per- '* (bmtum intus et extra, et omnes res et poflef- " Qones, ethomincs, et rcdditusin ecclcfiis, etolj-. ** iationibus, et decimis, &c. et cum omnibus aliis ^^ rebus ad abbatiam illam pertinentibus in perpe- [* tuam eleemofynam, ficuti melius Richardua
"Comes
iStf USHER OF CORBES, &c.
*^ Comes fiA charti confirmavit." Thus there a|h, pertained unto churches two forts of ^^ fervi ecclefis cum onere in the nature of vil *^ et liberi, or coloni ecclefiaftici/' as may evidi dently be feen in the laws of the old Almayi where feveral fines are fet down for the killingl either of them, fuch as thelrifli cBilericb^ or (himjangums^ and likewife a taxation, of the nary duties which both of them were bound; perform unto the church whereunto. they werei g^rdant. The firft is to be read, tit. 8. and *^ Si quis ecdefiafticum fervum vel regium *^ rity tripliciter componetur, hoc eft zlv. *^ Q^icunque liberum ecclefis, quern colonum ^* cant, occiderit, ficutalii Alamannt componatorj The other, tit. 22. and 23. '^ Servi ecclefis *^ buta fua legitime reddant, xv. ficlas de oervifilnj ^^ porcum valentem tremlQem unum, panumoao- ^^ dia duo, pullos v. ova xx. Ancillseautem ope< ** ra tmpofita live neglecto faciant, &c. Liberi ao- *^ tem ecclefiafiici, quos colonos vocant, omnoi ^* (icut & coloni regis, ita reddant ad eccleliani.'' That the holders or the Termon lands were at the fiift tenants in one of thefe kinds, feemeih to n.e more than probable. I mean that thofe wen no other than •' originarii (as Gelafius (/) termcdi mEpifl. ^^^ them) originales inquilini, tributarii, or perfonc lirTKb*' ** colonarisK," as Sidonius Apoilinaris (11) doth en- Bpift** >9- title them, or adfcriptitii, or feme fuch thing. Whereupon John Walton, archbifliop of Dublin, ann. 1473, giving out a fcqueftration of the Corbeftiipof Glendalach, diredlcih it in this fort (w) ** Johannes, miferatione diving Dublinien- fi^.^!"** fis archicpifcopus et Hibernise Primas, de- Dttbiiiu «« rids, vaffalis, adfcriptitiis, et aliis habitatoribus ^^ villae et totius dominii noftii de Glendelache, f ^ tenarum,filvarum,nemorum, etaliorumlocorum
" ipfius
irSHER OF CORBES, kc. 187
^ tpfius manerii noiiri, (atutem, gratiam, et beac^
'^ didtionexn.'* A ftrip of which forvitude may (ecm
to remain to this day upon the Erenach, who, be-
fides an annual rent psiycd nomine trihai (as before
I noted out of the regifierof Clogher) doth like*
wife give to the bifliop a fine upon the marriage
of every of his daughters, which they call Luadi
impigche, as the bi(hop of Kilmore, who doth
dually receive it, informed me ; fo that 1 4ake
DO hold of the words of Dermidus OCane, one
of the Corbes of the north, and one of the jurors in
the inqwfition for the church lands in the county see tbit Ta-
of Coleraine, ufcd to the bi(bop of Dcrry (as hwj^'^^jj^*
lordfhip told mej were to this ctkSt. ^ Mon
* debet dominus mutare cenfum antiquum, fed fi ^ctfcat rebus neceflariis, vaccisfringuibus, &c. de*
* bet ad nos mittere, et nos debemusilli fubminif-
* tnre. Nam qusecunque nos habemus domini
* funt, et nos etiam ipfi iilius fumus.*
Neither will it feem ftrange that the original of : - ) tbefe matters (hould be fetched from this kind of raffiilage, if it be well weighed, that the tenure is little better, whereby the northern people hold didr land generally (as appeareth by the taillages, or cuttings, wherewith the Iri(h lords opprefied their tenants at their pleafure) and likewife that in^es pail, the buying and felling of fervants (vhich now is grown out of ufe) was a matter fo common in this country, that in an ancient iyood of Ireland, a bi(hpp*s legacy out of the church goods is proportioned by the price of a wife, or a midrervant, as may be feen in two ancient books cf canons, written about 700 years fmce, the one ninaining in Bennet-CoU^e, and the other in Sir IWbcrt Cotton's library. •• Princcps (faith that
• fynod,
iM VS.aER OB CORBES^I^.
* fyncxl, mcaiung themby. the biihop^ as dfe- ^ wliera ordinarily) in fui morto etiam de rdw ' ecdelia: oommendare poteft, hoc eft, pretiuman- ^ ciUfle, fira de mobili fubihinti^ five de agra' Whereuntp naay be added another canoa of that
(jr) Is vH. Irilh council {»)' (which cometh more near to die j^^i^ matter in hand) ^ De cpmmendatione multeris d^ ' genttsfub conju^y fi habuerit ecclefiam cuifcr* ^ vivit quamdiu cum viro fuorit, ex confeofu viri ^ tertiam partem fubftantias dabit ecclefiae fuac (ftd ^ vir ejusrdiftribuet) caetera auiem viri et filiorum
* ejuaerunt.'
Whereby I take it to be clear, that the churcki of Ireland in old time had not only fervants fa^ longing to them in the way of villenage^ but alio Um eccUfiqfiici^ who had a prc^riety in the goodi which tfa^y, acquired; and might freely dlfpofedf tiiemt w^ y^^ ought fervice to fome fpedil church ; in which refpedt (though otherwife Ud^
S) opitu. they, were uflially termed bamms ecckfiafiki^ as in dj. uif' * Capitulia Garolinia (y) a Benedidto Leviia Col. ^ le£ti8. Pro nimi^ redamatione quae ad nos venitde < hominibus . ecclefiafticis feu fifcalinis, qui noa
* erant adjuranti* and in the old laws of the Ripu- ariana^ tit. lo. ^ i. ^ Si quia fs^minam regiam ant « eoclefiafticam parientem interfecerit, coc. foL ^ cvlp. jud. tit. ai* Qjiod fi ingenuua aut regin ^ vel ecdefiafticus homo fervo os fregerit^ viii. fd.
* culp.jud/
I come now to the third point, which conoem- eth the original of the Corbes and Erenachs, wtt bear' themfelves as head lords over thefe bomim (s) coocu. ^^kfiffiifi- Where it is to be notedt that for th ctuiMd. receiving and difpoffng of the diurchgooda it wa ^f '^. .thou^t expedient (e) that every church flxNii ccB.ft!an.^ bftve anoecenomus, cui res ecdefialVica gubr
• nand
gH'BtL ^9 COKB^S, Ike ft0
IftaildabMilr/ For fo this officer k defined mfticution of ihe emperorB Leo ttid An* /fib. i.Codicis Juftinitni, tk. i. (de ft-^ . tBcclef.) reg. r4. The law there (enlarged ■da by Juftinhm (d) in Novel, conftitut. V.gJ^JJ'^^ sided to all the provinces) is this : ^^ Ju-tk. i. I, Bulli pofthac archiepifcopo in hoc urbe fodrofanftse orthodoxse ecdefiae prefidttti iDConooio, cui res eccleliaftica gubeman- oidatur, eflfe facultatem fundos vel pnt^ ive urbana five ruftica, res poftremo im* ea aut in his prsediis colonos vel manci* >oftituu, aut annonas civiles cujuTcunque M vel fuperftitis voluntate ad religio&s iaa devolutas, fub cujufqtie alienatioilis ad quamcunque transferre perfonaiti, tec. loitius autem qui hoc fecerit, imo fieri* foerit, vel quacunqire prorfus hujuf- venditione, feu donatione, vel commuta- [lufi ea quae prefenti lege condcdimus) pof* • in quacunque alienatione confenferit, lifla fibi oeconomatus adminiftratione pri- , deque ejus bonis, quodcunque exinde imodum ecclefia: contigerit, reformetur: dea ejus, et fucceflbres, ac pofteri fuper a6to five confenfu competenter ab ecde- is pcrfonis adkionc pulfentur/ The tx- of this office was in times paft committed b who are archiprefi>iteri, or archidiatoni* e Hincmarus, archbifhop of Rhetms, in Ue to the church of Tournay, willeth the * Ut pro conftituendis minifteriafibus ec- Rids prsemium non acciptat, fed arcbi- firos^ et arch'iBacanos eligat, fSKuItatum iafticarum difpenfatores, qm in fide fint i, et in nKuribus probati/ And the fa- thers
^ ITS HER OF CO ft BBS, &c.
W ctn. ss-thers. bf the firft council of Baccara (*) gjy order for the difpoling of a portion of the chu goods towards reparations and lights^ fet it dc thus, ^ De qui parte five arcb^rejbiter^ five jt ^ diaconus illam adminiftrans epifcopo fadat ^ tionem/ The archidiaconus and the Ereo have in the Irilh tongue both the fame nil viz. Eireinneach, or (as fome would write Oirchtndeach, and the name of the Corbe, G»yi or C^rbacb (for the Irifli ufe the letters p and i differently) and the Chorepifcopus feemeth to to have his original from the fame with archip biter. Synod. Auguftan. ann. 1548. * Q
* Grafcci Chorepifcopes, hoc eft, certarum n
* unoularum in qualibet dicecefi, fpeculato
* alii archidiaconos, alii archipreibiteros voci Vin noftrS. ecclefil calhedrali, archidiaconi, ^ reliqui vero dioecefi, decanorum ruralium ^ mine cenfentur.' Our Corbes and Erenai befide the office of gathering up the hifba rents, were likewife charged with maintain of hofpitality, relieving the poor, and entert ing travellers and ftrangers. That the Ch pifcopus of old had fome efpecial care over
(c) ▼. cia. poor, appeareth by the lad canon fave on( Tr'uiiwu.' ' the council of Mcocaefarea. But that charge | 2fiSi^ perly belonged to the deacons, (r) who nad ct onupiin.overfight and difpofing of the ecdefiaflical 1 M i^^^" nies, as Origen notcth, tractat. 16. in Matthci ^^' **- and the care of providing for the poor and l!ran| cockfitft. (whence iri times paft Menodocbk were called "^^^^^ coni^) (rf) artd fo to the archdeacon, as the pri WJ^J^*"?*' of *at order : I mean the ancient archidiac ft. vjuB Grc- who in degree were inferior to the preflbiteri, X^' ^^ the archdeacons of higher rank that exercifi
rifdid
USHER OF CORBES, lEC. 191
fiion under the bi(hop. And to that fonner I of Archidiaccmi do I refer the Erenachs, who efiore were fo many in number in every dio- ^ and (for aught that 1 can learn) were wont to dmitted ad primam tonfuram et diaconatum,
not promoted ad prelbiterium. But the be (whom I fuppofe to have been the fame 1 Chorepifcopus, or archiprelbiter) was of a KT. dignity, and ftated in ecclefia matrice ;
had alfo in many places, one or more Ere- bi under him. In Latin he was called Pleba- k^t tt it is found in the office taken for the^ ^^^^ ^ mtj of Cavan. Now the Plebanus was thes^^- le with the rural dean, Archiprefbiter, or Char- ibopus, may appear by the teflimony of the poifts, cited by Ifidorus Moponius, lib. i. de jeftate militantisecclefiae, part i. ch. 13. ^ Ru- dia archiprelbiter vel dccanus (fays Moponius) Ik) nomine Plebanus regimine plebis nuncu- atuT; unde fi habit capellanos perpetuos in i& ecclefiSL dicitur efle cum dignitate, vel fi ft in collegiata et in parochiali curata/ Where- h compare this certificate, CorbanatiUj &r. (vide 157.) delivered unto fir John Davis three or r years fince by an Irilh fcholar in the north, rbe Gonfideration of all thefe circumftances put Itther, b^ve induced me to think that our rbe at the firft inftitution was Chorepifoopus, wbofe name and dignity being unknown untoRaamib.
ruder Irilh, no marvel, though fome of them^^f^^ re detorted the name of Corbe to Converbius***« '*'•'•• r fo fome of them in Latin ftile him} or Con-S7«tj[ohtiu bach in Irilh, which importeth as mudi as^^'"^'
aterraneus. In the Irilh annals (f) the name»»'^»* *»^ written thus, Comrba, or Comhurba where'/) mi^
1^ USn^H OT COOlfflEfi, Bcc.
thefirft inentioQ of a Corbe thkt Ifind isAt the 858th year from Chrift's nativity, or 859 fmnini iockmatioiiy after the computation of the church of 'England ; there it is recorded, * that O Cam)I
* king of OiTory, affifted with other kiags^ *: brought his army into the iieklagainft theloi^ ^ of Taraughe ^ bat Imfeathna, Patrick's Gnbe,
* and imfuarlech Finno his Corbe, intespofing ^ themfelves, O Carrol was perfuaded to yield to
* St. Patrick and his Corbe/ So in the fiune an* nais, at the year of our Lord 920, or:9zi after the cbmmon account, is noted the death of Moenach MacSiadhaiel, St. Comhgail his Corbe,' the chief head (as he is there called) of all the learning or tntiquities of helaiid.
It may be objc£ked, that the Corbes^ aAd Ele- nachs always ufed to marry, and therefore not like to have been Archiprdbiteri or ArdiidiaoGni. But unto this I anfwer, that in Ireland, when churches were there itrft ere6ted, no fuchlaw was Admitted, which ftioutd retrain Pre(biteri or Dia- coni fr6m the ftate of wedlock ; for proof what- of I alledge theteftimony^f him whofe authority is of higheft efteem with our people of Irdind, I mean St/Patrick, who had to his father Cal- )[>bumium Diaconum, ^nd to his grand-fimifer Po* titum Pteftiterum, as Probus fettethdown in the firft book of his life ; and he Mmfelf faith dfo in his confeffion, ^ Patrem habui Calphurntum Dia- ^ csonum, filfion quondum Potiti Preflbicoi.* In a very ancient book which belonged to the cmthe* dral church of Worcefter, and may now befeen in Bennetts cc^ege library, in Cambridge, there are extant certain canons bearing this infcri(ition^ Synnklus Epifcopornm, i. e. Patrici), Autifii, '4flernini, which othet where I have read alfo cited
by
O S H £ it -a.F , C O.R.B E S, . |k. jpa
\>y ^ name of Sypodus Patricii, as held ^y our gi:eal St. Patrick, in wbofc days Auxilius and Iferninus flourilhed, as may be proved not only by our Irilh authors, but alfo by Nennius f the+";^;**P- Britifti writer,, and Matthew of Weftminfter (jr). »)/'?'" Aipqog other .canons of that Synod this is one >ad 10.491. *^ .Q^icunque clericus, ab oftiario ufque ad facer- '* llotcm, fine tunica vifus fuerit, atque turpitu- ^' ^inem ventris et nuditatem non tegat ; et, ii *V non more Romano capiUi ejus tonfi (int, eiuxor *^ ejus fi non v^ato capite ambulaverit, pariter ** aiUucis contemnetur, et abecclefii fep^ifetur." Apd as it is pianifeft hy this canon, .that the cicrgy at that time were not debarred from niar- xii^e, fo is it apparent that afterwards infhcycry fee. of Armagh,. foff fifteen generations, the pri- macy hath paflied. to the chief of the fept, as it were by a kind t>f Inheritance, and that.]>efore Cclfus (a, marrijrf. bjlhop, who idoceafed j about JJ^""*^ the year 11*9) j^mjpftp fixtiter;$nt viri jixorati,j?«tJei*tom
.et abfque ordinihus, literati umen,. as. Bernard cllib^^-''' vriteth in the lifeof Malachias,. ur.bicb; if right~£„^f the ftatc of our Corbet ^nd ErentChsi^ for as thofcs- stepbin'i in lime po0e&4 th$mfelves of the ;pliK:c; of thecadl^^ut archbilhop, fo.didrpthpr^ i^i like inwnqr keep inJSSiS ^ tb^rfept the dignity of th^ ArcliipfjBfljiterj f byj^^ <i«« ^^
- the : name of Coi^s,, and others of th^ archdeacon, ptt^iito! it by the name of .^r^Wchs, y?ry ViVledi^cringSL^S^ from thofe, which ii» Wales wei;c edited I-ay-^ab- ^^^^•?"«"- bots,, . iof vfhom Clmldvis Cawbrcnfi? : ; (Jby thus rrgiOro"^
jRrAeth, which 19 a tcftimony . very , pertipent to ^1 A^hi^ jthia.purpofe :• ?r^ftndqm,quod .bieqiscicfia,^^ Ji^
•*..ficut ct aliacper Hiberoiatpcj.W^lliamiplpres,^ Wner/ *• >f bbalcm laicum habet^ Ufus. eflim iijftlevit & {ib"*!'2p. ^f. j>rava confuetwdo, ut vin ia p^rpc^ J^tentes, ^
O •• primo
T94 USHER OF CORBES» &c.
^' primo tanquam ceconomi, feu potius o
^* arum patroni et defen fores a clero coni
^^ poftea proceflu tern pons audta cupidine i
** fibi Jus ufurparent, et terras omnes cum
** riori pofleiTione fibi impudentftr appropri
** folum altarta cum decimis et obventic
*' clero relinquentes, et hxc ipfa filiis fuis ei
** natis aflignantes." Our Corbes and Ere
do commonly fpeak Latin, and are in ac
as clergymen, being fubje^ unto the biftioj
fitation, giving unto him a fubfidy at his ent
and remsuning chargeable with proxies and
tions ; whereof in the firft office taken f
county of Tyrone, 27 th of July, 1608, th
dence is given ; *^ Ac ulterius jurat i praed.
** facramentum fuum dicunt, quod in qi
** di£tanim baroniarum praeter illas ternu
^^ aniehac polfidebanttir, ac modo poffiden
** bominibus nunc laicis, funt alias qusedan
** de quibus quidam derici five homines fite
*^ vocantur Erenaa\ ab antiquo feifiti fi
•* &c. Nihilominus quilibet cUdorum Ere
*• ruinfolvebatetfolveredebebatarchiepifc
*' vc epifcopo, in cujus dioecefi terrae quasj
^^ bant fituatse fiierunt, quoddam chant
^* fubfidium, refe£liones, ac penfionem
** lem fecund um quantitatem terrx et coi
** dinem patriae/' The fame may be faic
Corbe(hip, which was in like manner ful
the bifliof>*8 vification, and fometimes alfo
fequeftred no \c£s than other places ecclc
wcre» whereof I find this precedent in th
bifliop of Dublin's r^ifler; ^^ Quia ex
*^ dam rationabilibus caufis coram nobis di
^ animum noftnim jufte moventibus, c
" Corl
cc
TTSHER OF CORBES» ftc. 19;
** Corbanatus ibidem cum omnibus emolumentis
** et peninentiis fuis duximus fequcftrandum, et
fequeftraixius per prefentcs: Tadeum Oflcelly
** clericum gufdem viilae et ecclefise Glindela-
'^ chenfis ipfius fequellratorem cuftodem depu-
*^ tanteS) juriumque et pertinencium difti officii
*^' antiquitus excrefcentium, et excrefcere vaien-
^* tium, ufque nofiram vifitationem et ecclefise et
** popularium de Glindelach preedidt. ratiocinio
•* emolumentoriun ipfius officii et rerum ad illud
*• perrinentium nobis refcrvato, 8ec. etiam ex
*^ fcrutatis antiquis ecclefise noftrse Dublinienfig
*• fcripturis et monumentis feu chartis, difpofitio-
*^ Item didti officii, cum illud vacare contigerit, ad
^* nosetnoftrosfucceirores pertinere deberei etnul*
' ** lum alium (fede Dubl'mienfi duntaxat plen& et
* ** confulti archiprefule) pronuntiamusdeceraimus
^ " et deciaramus in his fcriptis. Datum in manerio
' ** noftro deFinglas, i imo. die menfis Decembris,
^ A. D. i473> et noftra: confecrationis anno ado.'*
' This is the fequeftration given out by John Walton,
' arcfabtfliop of DuUin, whereof I made mention.
It now refleth in the laft place that I (hould
' Ihew who had intereft in the profits of thefe
church lands ; where for latter times it appeareth
by theregifter of Clogher and other records^ that
the Erenachs held thefe lands by grants from the
faiihop, dean, and chapter, which by order were
ftill to be renewed, both at the firft entry of every
Erenach, and upon the confecration of every new
bi(hop. The Erenachs were tied to manure the
Terftion lands, to refide upon them, and in no
wife to alienate them unto any ftranger. Out of
the profits thereof they maintained hofpitality,
kept up their part of the fabrick of thechitfches,
O2 and
t^S USHER OF CORBES» &e.
.und yielded a yearly rent to the bifhops : a certtb portion of free land remained unto tbeinfelfei (wliich they call Honorem villse) not chargotbh with any rent. In turning over the regifters of
: the archbifliops of Armagh, which by meani of my uncle, the lord primate, I had occafionto psrufe) I met with three evidences tending tov purpQfe. One containeth the grant of an tiBJchy made by MHo, archbifhopof Armagh,
i?r"'a!?' '5^5' '" this form, (/) " UniverfisS, Matris NichoUi «*. fne fiKis hasliteras vifuris vel audituris, A^muSlL ^^ Dei et apoflolicae fedis gratiiL, archiepil I tfi. <c Ajinach. Hiberniae primas, falutem in
^^ fempiternam. Noverit univerfitas veftra, nom ^^ unanimi aflenfu et voluntate decani et m ^^ capitiidi Afdmachani, dedifTe, conceilifle, . ^* hoc. prefenti charti nofirSl confirmaflfe (Ult ** nobis in Chrifto Willielmo et ArtharaMal ^* Aryn, filiis magiftri Arthuri Mac Bryn^ temi^ ** ndftras fubfcriptas in tenemento hbftro de Ky^ ^^ mor, quas nunc idem magifter Arthurus di ** nobis tenet, viz. Teachrana, &c, Habendu ** et tenendum praedidtas terras, cum earumpot^ ^* nentiis debitis in bofco & piano, &c. quas d ^^ qose idem magifler Arthurus confuevit habere, ^^ et omnibus viiset femitis, pratis et pafcius, et *^ ornnibuslibertatibusetliberisconfuetudinibosid ** prscdifkas terras fpeAantibus, fecundumi pfii^ *^ rum terrarum debitas et antiquas limitationea ** cum pleno jure Erenachiae in toto tenemeoD /^ epclefise de Kellmore, nobis et fucceflbriba : ^^ noftris, quoad vixerint et quilibet eorum vixer ^' poffidendas, quamdiu nobis, noflras ecdcfi^ ^ Artnachanse, noftrifque fucceflforibus et mifti •2 firis grati fuerint et obedientes, et qiiilibc
" comn
U S H E R O F C O R B E^S^ &c. 197
nm gratus fuerit et obedicns, et di£ta| tcrfM leriot, feu coliierit, ac eas in partem, vel in ^ nullt laico extrinfeco colendas tradiderint^
tradiderit : falvo tamen jure charoe difto :huro (ujper iifdem terns coafefts ad totain qi ififius magiftri Arthuri ; quam chartam iimus pfTo vid fuft, prefcnti charti non ob- ife^ infao rpbore permanere. Reddendo t annoatim prsedift. Willelmuset Arthunis ]apraedi£k. magiftri Arthuri, et quiltbet eo* a qui fupervixerit, nobis et fuccefforibua Irii, unum marcam, et odto denarios fter- gprum, ad fefta apoftolorumPhilippi et Jaco* et omnium (anftorum, per portiones Kqua* unum cum aliis omnibus^ et fervitiis inde, »tis, et confuetis. In cujus rei teftimonium ilium noftrum, et figillum commune noftri lituli antedi£ti prefentibus funt appenfa. turn apudDunum, die zi. menfis Novem* I, A. D. 1365." The.fccond is a grant of H lands in the diocefe of Droroore^ made E the vacancy of that fee, anno 1427, by. Swayne, then ar(]|^biftiop of Armagh, in^ words, viz. *^ Univlpirlis fan£t^ matps eccle- : filfis prsefentes literas vifuris vel audituris,^ bannes, &c. Cuftos fpiritualjum, et fpiritu- ijiirifdiftionis ac temporalitatvim epifco]:Mif us omorenfis ipfo epifcopatu nonplend confqltb| Qtcm in Domino fcmpiternam. Noyerit vef- ninivcrfitas, quod nos, ratione cuftpdise fu- ididx, juxta antiquam et laudabilem. con- midinem ecclefise noftrse Ardmachana;, hac* DU8 inviolabiter obfervatam, terras de Lachre- ht, Dyrke^ Dromorenfis diceceQs yulgariter^ iacupatas, dile^o in Chrifto filjo Mauritio
•* Mac
V
ipi USHER 0> COR B£S, &c
■ # *
^^ Mac Bryn Erenacho (habendum et tc ^^ prat^iftaa terras, cum omnibus fuis jui ^* antiquis limltationibus) quoufque ecctei *^ ftnorenfi plen6 confulatur, feu de legiti ^* videatur paftorc, concef&mus et con ^* per pr^efentes, ratione cufiodise fup ^^ iDde annuatim, nobis et fucceflfortbu: ^^ pfp tempore exiftentibus, reddendo, ** folitum et antiquum bonae et ufuali; *^ t^ Anglicanse medietatem, viz. ad ^* apoflobrum Philippi et Jacobi, et ali ** dietatem ad feihim omnium fanflorui ^* aliii fervitiis, et omnibus ordinariis *^ traocdinariis et confuetis, quamdiu r *• fupra, femper falvo. In quorum fide ^V timonium, has literas nofiras fieri fee ^* tentes, nollri appenfione figilli munita third containeth the confirmation of an E (lj^-j;,(ik) granted by John Mey, archbilhop of i tro johAnnuanno 14 5$ j to ouc whofc auceilors had I 15!^.! "' ^'enjoyed ^he fame. ^ Univcrfis fanftae n ^^ clefiae filiis, ad quos praefentes liters " rint, Johannes, pcrmiflione divini a ^* copus Armachanus, Hiberniae primas, •* in Domino fempiternam. Veftra nov " verfitas, quod, cxponente et fupplicar *^ diledto filio Patricio MackaSaid, Erei ** Twinha, eo quod ipfe ab olim a noflri ^\ ceflbribus (ficuti et progenitores fui nc ** runOErenachiam de Twinha et terras ** ibidem quas per fui particulas duxjmi ** fentibus vulgariter plenius fpccificanda: ^^ eutua fuiflfet in iifdem debite inct ^^ de antiqui fui juris confirmationeet no \f ^vefiituri^ quo fic firmius et fecurius
USHER OF COR B£S9 &c. t^
'^ p^fmanere ; ex certislicitiscaufisnos moventibus,
' adiuppUcationemfuamhuJufmodiannuentesbe-
' n^^oldetgratantdr,nedumjusomnimodum,quod
Jim an tea hucufque^ ex conceifionibus, ac char«»
ti^9 et inde fecutis, in Erenachia, et terris pre«
di^Us, cum fuis pertinentiis fuerit aflfecutus^ in
oi'nni fui robore ratum habentes, confirmamua»
• ec prefentis fcripti patrocinio communimus ;
( vcrum etiam, pro modo et forma nollrae ratione
k( invefliturae, deconfenfu et voluntate unanimit
«^ decani et noftri capituli Armachani, dedimus^
^^ oonodfimus, et hac prefenti chartll noflr& con-
«^ (irmamus prediAo Patricio Mackaflfaid terra^
^^ noflras de Twynha, fic per fui particulaa^ hie
'< quo fupra vulgaritdr fpeciiicatas, viz. &c. cum
^* fuis pertinentiis et antiquis limitationibus. Ha*
<* bendum et tenendum fibi et haeredibus fuis
(' de nobis & fucceflbribus noftrisdiftas terras cum
^ <' fuisparticulis, pertinentiis, et limitationibus ante*
'' diAis ; inde nobis reddendo, et nollris fuccellb*
/' ribus, annuatim ad fefta omnium fandorum
, ** et apoftolorum Philippi et Jacobi, sequis por-
i '^ tionibus quinque ^narcas et duos folidos fier-
; ** lingorum bonse et legalis moneaet Anglise, cum
I '^ aliis fervitiis et oneribus ordinariis et extraordi-
I (^ nariis inde debitis et confuetis, quamdiu diiflus
I '* Patricius, et haercdcs fui, nobis et fucceflbri-
I '
'^ busnoftris, ac officiariis noftris grati obedientes
'* et fideles fuerint, atque didas terras inhabita-
" verint, et eas colucrint, ac nulli laico extrinfeco
" coiendas tradiderint, et reditus fuos, ferviiia ct
" oncra prsedidla pro tcmporibus debitis fideliter
" et plcnd perfol verint. Alioqui fi in aliquo fo-
*' iutionis dcbito defecerint in praemiflis, liceat
'* .nobis et fucceflbribus noftris de didlis terris dif-
" ponere^ cooceffioac prscdiOi pro aliquo non
" obftante,
<^ obi|)^me,joreafteriuscuiufqiiamfemp|ei '^ Et di^m Patricium, noftrnm Erehach *^ cicdcfii'd* Twynha; cumomni indcoi *• emolumento, fccimtis, conftituimti^, ct in *** prstniffii^enore prdentiumoirdtBafnas. *• otnintrt, qUidcm, per has noftras concefii ^^ dmftitutioticm ct ordinationenii nobis v ** ccflbrlbiB noftris, dc' novo introitu i ** nova!'conccfBon?s feu inveftiturae, cum •^'gferlt, pro arTquanolamus derogare. Ii "rei tcfthwonium, figtHum noftrum, unk ^' giUo comnrani capituli noilri prsedidli, | ** ttbilscftappcnfiim. Datum Armachiae " Augtifti, A. D. 1455, ct noftrae confccn *V anno isr.— By thcfe evidences (and othe
vid. Ct-"''!^^ ^ produced out of the rcgiftcr of CI pitvkr. car.ivlfeh fof brevity I omit) may cafily be colic l^l'E^k j! wMt fort, and upon what terms thcfe churd JlJ J^oj^a^j-havc been held mlattcr days; Althefirft bcgi tiom'ei bt'l conceive, the fame order to havcbeen here, (I*)" piJf^commonly was ufed in other parts of Chrifte *?]^J''j^^-that the tythesand profits of temporal Ian tiaum ar- pertaining unto every church, were taken ciimVniem^ common rcccivcr, and diftributed int< Br?ndISS ^q^^l portions, (/) one whereof was allotted 0) Epio.' bi(hop, another to his clergy, the third up MixTmitm.rcparation of the fabric, and a fourth towai Ip""*^' relief of the poor and ftrangcrs. This w if>\Apu6 cuftom of the churches of Italy, as may I
V ftB%4t^* O F C OR BJE.%^ BOJ tor-
^ndlof'Wbrmfe, ctlibi 7. capitular. cii-«y>^ iAftW, Gregory the i ft tnaking mnfiver to the rift * ^oaof^AxjRrm, biOiop of Canterbury <f) " Mos^SS, (( fedb apoftdlicflcreftCfaidi he) ordinatisepifcoptscb. g.a§L '* pr€ccpia tradcrc, ut d« omnir ftipendio quod*'* <* accidit^ quataor debent fieri por^nes: una^ viz. '* epiicopoet familiae, propter hofpitafitatem alqiie * '< fufceptionem ; atia clero; tertia paoperibua^ ** qtortt ecclefits r epdrandis.'* In Sftfln the<livir (lOD of the church revenues was siade into tbree^ partS) afi is plain by divers councils held tfaete^; and namely^ the i ft of Braccara^ cap. 25. "Pkr ^^ catty ut de rebus ecclefiafticis tres nque fiaM '^poftiofieSf i. e. una epiicopi; aliaclericonun^. ** tertia in reparatione^ vel in lummariis ecdefiafr/* And the council of Tarragona, (/) Can. 8. ** QSttM ram. «. " tertia piinrs ex opnibus, per antiquam traditio-^JJ^iJ^ " ncm, ut accipiatur ab efufcopis, novimus ft^t^^SJUJ^i^ *• turn." In the prefcnt ftate of our northernmeritMr. dnirches^ if we well mark it, fome traces of thefetTss.^Sit- andcnt orders may be obferved. For firft in the^>o!r; canons which have been cited, thiamay be noted,s* ''J^ *• that in thefe days the pariihionors were not tied to'' * *' the reparation of their churches; but the charge thereof was to be defrayed out of the revenues of the church. '* Ex omnibus iflis capitulis coUige ** (faith the glofle (r) upon the decrees) laicos non ^' eiTe compellendos ad reparationem fabricae, fedmeai io it. '♦ tantum clerlcos". Now this old order, which ^^tt^ other where is grown out of ufe, remaineth ftill in ^fic North. " We find (fay the jurors of the '* county of Cavan J) that the parfon, vicar, andtseebcfare *crenacb, are to repair and maintain their pro-B!rf aS! ^ poT parifb church at their own charge, out of^nr. tixir benefices and the Termon-land, unto
*• which
Sot USHER OF CORB^S^ fcc.
^^ whidi work the parifliioners did oftencim<
<^ lontarily give their benevolence." Again, I
fame canons the bifhop was to have vel qua
vel tertiam, fecundum locorum di verfitates, a
b) itf- j[B**tian (u) noteth. And fo (according to the d\\
'* '' of places) the bifhop enjoyeth his fourth in
naught, and in the diocefs of Clogher, as lib
in the diocefe of Derry and Raphoe his
part, which alfo fiill retaineth the name of
ta & tertia epifcopalis. The taking up (
GoUeAions, and diftribution of the church ]
into their feveral portions, was in thofe da]
fpedal charge of the archidiaconus, as ms
(«);Grcg. pear by the epiftle of Gregory (w) ad honoi
Kpiitio. archidiaconum Salonitanum $ and of Ifido
j^6t^k^ LindifredumCordubcnfcm epifcopum, th
Rru, aimo fcribing the oflSce of an archdeacon. *' CoU(
^^ pecuniam de communione ipfe accipit, ei
** copo defert, et clericis proprias partes idei
•* tribuit." The archdeacon to this day is t^
by the Iri(h, Erenach (as before I have dech
and we find that this was one office of oui
nach, to be the bifhop*s colledtor, as in tl
t Aau p. quifition for the county of Donegal t is partic
•7S. fct down of O'Morrcfon the Erenach of the |
of Clonemanny, ^' that he was anciently accu
ed to collect all the bifliop's duties througho
whole barony of Ennifowcn."
Now by the Canonica difpofitio quartaru Gregory (y) calleth it) the bifliop being to O) Epift. his fourth both of the fpiritual and temporal c of the church m Clogher, he rcccivcth accord the fourth part of the tythes of fuch parifl art within that diocefe. Befides this, every nach payeth unto him a certain yearly rent (
USH£ROFCORBES|tcc t«3
rerroon-lands belon^ng unto his church,
I if I (hould guefs to have been in confidera-
f the Q^arta due unto the biftiop out of the
>ral pofleiTions of that church, I fuppofe my
5lure, would be found to have in it more pro-
ty and conformity to the ancient church go-
nent, than that which by fome of the northern
; (men not very (kilful in matters of fuch an-
y) was deli vered, viz.* that when the tempo- • Ut kttcr
rds in their fcveral wars, and upon other oc-Ji^hwy.**
IS, began to charge and tax the Termon*
\ with divers exactions and impofitions, the'
ei and Erenachs fled unto the bifliop of the
fe wherein they lived, and befought his pro-
0 againft the wrongs and injuries of the tern- lords, and therefore voluntarily gave unto the p a rent or penfion out of their land/' But this pafs. The bifliop's portion being deduA- fuch fort as hath been (hewed, there fliould in a fourth both of the ty thes and of the tem- ities to be allowed unto the minifters that at- xl the cure, another fourth to be fpent in re- ions and keeping up of the church, and a h likewife paupeiibus et peregrinis fideliter
inda, as the canons (z) require. When there-(s) cMan the receiving of the church goods into a com-c|I^.*i hand, and the (haring of them into their fc-p]«[^. J^
1 portions began to be abufed (he which wasGr^iaiioa, economus carving, as it is like, very favour- ^'/JS;^ for himfclf) or upon fome other refpedl was<»«^ ^•'*«: led, and every one was willing to be the itew-^ad aem. u )f his own portion^ the prefbiteri, (that is, the JJSjjJI^cS^ an and vicar) and the archidiaconus, or Ere-S*' ^•'T* 1, may be thought to have grown to this com- 47-
lion ^ the Erenacb charged himfelf with the
reparation
2^si USHEHrOF CORBE.Ss. &c^
repanUion.of two* thirds of the fabrick (t uppahtm thcrcarcof. the, lower part or bo the.church) the:parfQn and vicar undertool chatg!?. of the other third . part. There bei divide betwixt them the three quarters < church. gpodawhipb xematioed aboye.tbe bi allowaocc ; for.more.qpiet and eafe the pref took wholly uato thernfelves the three quart ' the.tythes(two whereof fell iqto the parfon* tad one. to the. vicar's) without challenginj bfsnefit IB thctemporal profits (except fome qi^tity of glebe^land they were to dwell o ardiidiaconus or erejiach for keeping of hofpi aodentertainmem of ftrangers (befides the. mon . care of reparations) bad afligned unt
the. commodity of the three quarters of th( pond lands^ which he raifed out of fuch renu tings^and fervicea as were to be exacted < Coloni Ect:lefiaftici, or Termoners. Thus thin^ ordered, where the diftiibution o church goods into four parts, was admitted, a be obferved in thofe places, which belong dioccfe of Cloghcr, viz. in a part of Tyroi Fermanagh, and in the county of Mona called In times pad, Ergallia, where Quarta copalis, is faid to have been granted to the I of Clogher, by Innocentius the fecond, at tl queft of Malachias. For fo we read in the ter of that bifhoprick. '' Malachias, archie *• pusuArdmachanus, apoftolicae fedis legati ** fhnocentio Ildo. impetravit quartam epilco] *• '^r totam Ergaliam dari epifcopo Cloghc ;ut in pontificalt ejufdem ecclefise. com *• continctur ; quam vidimus, legimus, et a *• bavimus.'* Howbeit,.it i^ppcareth by Bei
"pel
^fici
i
U S H EH O F C O R BE S, "ftc. 1K>5
that this Malachias, all the time that he vtti \Ar /bop enjoyed not the benefit of any tythes, nor yetoF lands, either menfal or cenfual ; bnt liv^ r«.thcr by cofhering after the Irilh fafliion. *• Non
* * ferVos (faith Bernard 0») in his life) non andU>>^, W^«"2|]J; <* non villas, non viculos, non denique quicquamUch.
• • reditum ecclefiafticorum, feculariumve, vel ia ^^ ipfo habuit epifcopatu. Menfe epifcopali, nihil ** prorfus conftitutum, vel aflignatum, unde eplf-
: •• * copus viveret \ nee enim vel domum propriam ^ ** habuit ; erat, autem, pend inceflanter circuiens r^ • * parxdas omnes, evangelio ferviens, et de evan- s •* gclio vivens, ficut conftituit ei Dominus; dig- ;x ** nus eft, inquiens, operarius nwrcede fui." But : b to return to the matter, whence I have a little di- t tsu. grefled. As in Clogher the Canonica difpofitio 5, c: quar tarum was in ufe, fo in the diocefes of Dcrry of t! andRaphoe the diftribution in tertias was obferved. 3 vf f here the Erenach taketh up tertiam epifcopalem of - of the tythes, which he delivcreth not in kind, but as CI paycth in confideration thereof a yearly rent iinto ; ^^ - the biftiop. He giveth unto him in like mariner, ^^ \ a certain annuity out of the Termon-lands, which ^S*^ poflibly might have been due (according to my * ^; fbrmcr conjedhire) in regard of the bifliop's inte- reH in the third of the temporal larids belonging unto that church. So there (hould remain two thirds both of the tythes and of the temporalities. The two thirds remaining of the temporalities the Erenach held for the maintenance of his charge ; the parfon and vicar contented themfclves with the two thirds of the tythes (which were equally drVided between them ;) the parfon, vicar, and fi-enach, charging themfelves in common with the keeping up and reparation of the church, this
206 USHER OF COR B£S, &c.
is the order obferved in Derry and Raphoe. Id the diocefe of Armagh (from which alfo the fiate of the diocefe of Kilmore differeih not much) the tythes are divided into three parts, whereof tk parfon hath two, and the vicar one ; the ardh bifbop challenging only certain menfal tytbei out of the lands lying about the city of A^ magh. The Erenach poflefleth the temporal laoib of the church, yielding a rent unto the hiSbofi and intermeddleth not with the tythes ; yet b» eth together with the parfon and vicar, the chtigi of reparations. So in divers diocefes, diverfcdf* toms are held for the diftribution of the chuck revenues : whereupon it falleth out fometime^ that in one and the fame county very different culloms are obferved in that behalf. As^ namdji in one part of Tyrone (belonging to the (Bo- ce(e of Clogher) the biftiop and vicar haie one half of the tythes, and the parfon the others in another part (belonging to the diocefe of Derry) the parfon, vicar, and erenach divide the tythes betwixt them in fuch fort as formerly hath been declared ; and in another part (belongingto the diocefe of Armagh) the parfon taketh up two; third parts of the tythes, and the vicar one ; the archbi(hop and erenach claiming no part thereof. And thus have I delivered my judgment, not fo much of the prcfent (late, and much Icfs of that which were meet to be fettled hereafter (the order- ing whereof I wholly refer unto the higher powersi not minding to interpofe myfelf in ftate affairs) as of the original and firft eilate of Corbes, Erenachs and Termon-lands ; wherein as I myfelf profefe that I have carried an indifferent hand, without any partiality or private refpedt whatfoever, (mihi
enia
USHER OF CORBES» &c ao?
emm ifthic nee feritur nee metitur) fo would I have none to imagine, that I take upon me peremptorily to determine any thing in this matter of antiquity ; u being not ignorant with what obfcuritiea quef* tions of that nature are involved, efpedally where ^p of aneient monument^ is wanting. My pur* ipofe only was to point unto the fountains, and to ^compare the prefent date of things with the prac- 'fice of antienter times ; thinking I have done will,
^ if hereby I may give oeeafion of further enquiry Onto tfaofe who have greater judgment and more
Icifure to hold out the truth of this bufinefs.
AN
A C C O U N T
or TWO
/ A1<1CIENT ; INSTRUKENTJ
LATELY 0ISCfQVERE9»
WITH A SHORT
INTRODUCTORY PREFACi
JN E X T to the laws, policy, and go^ of a people, the arts and fciences knoi amongft them, deferve our attention, becauTe fn difcoveries have had their origin and their ii provements in fettled and civilized focieties. difcovery , and more efpecially their improve are the work of well-regulated focieties, parti( larly of fuch as have fettled early, and have it habited the fame fpot for a long feries of time.
As we propofe to treat of the manners cuftomsof the ancient Irifh, this work would cflcntially defedtive did we not defcribe fuch nio»! numents of antiquity as have been difcovcred iaj this ifland. There is an intimate relation between the manners of a nation, and the arts and fciencei^
whkh
ANClEMT INSTRUMENTS. 209
vhich it cultivates. Their influence upon each »ther is reciprocal.
All political focieties have not made equal ini'* provements in the arts ; thefe have beeii carried to different degrees of perfeftion by different peo- ple. In this ifland we may mark their pnigrefs. Tools and implements of Aone, fuch as ufed by Hhe favage American, are frequently difcovered ; hammers of fione have been found in the copper mines of Kerry ; heads of arrows made of flint, •re often dug up and are now efteemed the work of fairies ^ nor is this peculiar to the Irifti, all nati* , ons were originally in the fame fiate of ignorance. The Egyptians, Perfians, Phoenicians, Greeks, and even the felf-opinionated Chinefe, acknow ;, that their anceftors were once without the ufe of fire. Mela, Pliny and Plutarch, fpeak of nations who at the time they wrote had but jult learned it, and feveral modern travellers atted i&£ts of the fame kind in our days.
The ufe of copper fucceeded that of (tone. All jiDcient authors are unanimous that mankind were jkteft in learning to work iron. The fragments >of the Brehon laws of Ireland inform us, that iron rwi8 an imported commodity into this ifland. Iron, wine and leather were the chief imported commodities.
Arms and tools for hufl>andry were all of cop-^ per for many ages. The writings of Home^ leave us no room to doubt of this ; {b) even at the Tngan war iron was very Kttle ufed. Copper, id a word, fupplied its place, and this metal was ufed both in making of arms and all kinds of tools
P and
«
r»^ n. L 4. v. 511. 1. 5. v. 7a|, OdyC L 5. t. S44< Dl- oayf. HaL L 4. p. aai.
aie ACCOUNT OF TWO
ind utenfils. The Sabean priefis cut their hs with a knife of brafs (c) ; Job fpeaks of bows brafs (d) ; and Herodotus aflures us that the Mi fagetae had their axes, fpears, quivers, hatchets ar their very horfe-trappin^s of this metal {c Swords compofed of copper, fpeltur and iron, the fame fliape and of the fame mixture as quantity and quality of each metal, have be< u>und in Ireland and on the plains of Cannx, fimil^r in form as to appear to be cad in the fai mould J may wc not cpnjefturc that they wi made by one and the fame artift, s^nd if flreng cned by further evidences may wc not affert t| the very people who wielded thcfe fwqrd Cannae extended tlieir conqueiU to Ireland ? Had the ancients hande^ down tp. us draw ofthpfe implements, many dificult points of tory might have been cleared up. Number! pff^nt /nconflflencieshaye been reconciled hj^ labours of the indefatigable Montfaucpn ^ the jeftures of the very learned Bryant, that Egyptian and Arkite worlhip extended to Britifh ifles, is in a manner confirmed by the numeiit dug up at Thor in Weftmoreland, an infcription dedicated to Jovi Serapi, prefc by that memorable magazine monger Sylvcft|l Urban (/). In Ireland we have ftronger prqj of the fire worlbip, wc celebrate the fire fcafl^ ^al to this day, and Pqrtethia, or fire to\wi ai^e common in this ifland, fome are alfo tq^l met in Scotland.
(e) Macrpb. Sat. 1. 5« c. 19.
(d) Ch. 20. V. 24. The original Hebrew implies bf or copper, and fo the Vulgate has tranflated it ; but t £ngli(h verfion calls them bows of ftecl.
(fi) HfTodot. L I. Q. 2r5,
(fj Gent. Mag. vol. 8. p. 417.
:i'rf
K:
Of all thefe the editor propofes to treat of io their turns, and in this number prefents his raid- ers with the drawings of two remarkable inftru- meats not hitherto defcribed.
PLATE I.
Fig. I . reprefents a fiiver inftrumctit lately turn- ed up by the plough in a field near the cathedral of Cafhei in the county of Tipperary .
C D. is a ring of foiid fiiver, one inch and quar- ter in circumference t the diameter of the ring from C to D is 54 inches.
£ £. are two bofies or knobs of folid fiiver fixed to the ring ; one fide of each of which is curi- oufly wrought with fmall pyramids of a qua* drangular bafe, terminating in a point.
A. B. is a fpear of folid fiiver, 1 3} inches long, terminating in ^ point, and fo flender as to con- vince us that it is not a weapon either oSenfive or defenfive ; it is fo weak, that if held near the point , B, the weight of the ring and bofles bend^the fpear. One fide of the knob of this fpear is alfo ornamented With pyramids as thofe of the knobs E £ : this fpear is moveable round the ring C D.
The fuperficies of the button F is engraved in form of a crofs, as reprefented at G. The weight of this inftnlment is 18 ounces. Another inftrument of fiiver, fimilar to the
above, has been lately dug up from under a rock
a.t Ballinrobe.
Ftg. ^.1 I. are two globes of folid fiiver, faftened to each end of the ring.
H. another globe which moves round die ring.
P a This
ai2 ACCOUNT OF TWO>&c.
This 18 the only defcription given of this inftnK ment in Exfbaw's Magazine for the month oT February laft. If this work (hould fall into the hands of Curio, he is requefted by the editor to l^ve the exadt dimenfions and weighty and to ob- ferve if the fpear point as at K. has not been brok- en, from the moveable globe or bo(s H.
FINIS.
CfHeSianea de Rebus Hibemicisl
N U M B £ R III.
CR I TICO. HISTORICAL
DISSERTATION,
CONCERNING THE
Iri(h Lawt, or National Cuftoms, called GiVBL-KiNDj andTaiMisTET or Seoior Go- vern ment.
PART I.
SHEWING,
The Nature and primitive Intent of thefe Lawsi and tbe rational Grounds of their original Infiitution. Uluftrac* ed by remarkable Inftances of fimilar Laws, antiendr obferred by other great and flourifliing Nations, ,bot& European and Afiatic.
ALSO,
A. fliort Sketch (from the Leabhar na Gceart, or Book of Rights) of the Subfidies which were foroiflied by the Provincial Kings of Ireland, to the difR^rent Princes and Dynafb of their refbedive Provinces* and of the State Retributions, and Fifcal Supplies annually paid to the Provincial Kings by chofe fubaltem Princes and their People.
The whole intended aa an Eflay towards fumiiking fome Lights for future Enquiries into the Origin of theanti* ent Iriih Nation.
DUBLIN: LUKE WHITE-
V,PCC)LXXXTI.
Advert ifement.
As an Introdu£tion to the Iri(h laws^ which we intend to give the public in the coiufe of this worky the next number will contain a critical and . Inftorical diflertation on the gavel and tbaniftry laws of Ireland ; wherein wiU be proved^ that the aflertions of Sir John Davis, Sir James W*e, and
f others, making thefe laws peculiar to the ancient . IrUhy are falfe, and arofe from their ignorance of the laws of other nations^ and even of their own.
T O
THE RIGHT HONOURABLE
JAMES BARON LIFFORD,
LORD CHANCELLOR
»
[ or
I R E L A N D,
THIS
THIRD NUMBER
OF THE
fcOLLECTANE A,
CONTAINING A
Dissertation of the Laws
OP T H B
ANTIENT IRISH,
IS DEDICATID BY
HIS LORDSHIP'S most ob e d i i n t,
Most humble servakt,
CHARLES VALLANCEY.
CONTENTS.
o
'F the Male-ginrely
Pagca«5
Of the Thanifirj-law or Senior-fucceffiony 274
378
Of the State'lfWB of Tribiifeff aiid Fifcal rights ; anciently obferved by the Irifli kings ; and their fubordiaate princes and ftates refpcdtively.
Of die £ri<5 or Muldt fof homicide accord- ing to the antient Brehon-law of Ireland, compared WitK tBe Uwis bf other nations, 401
An orfgiMA anftfent i^ettJitlg in f^tir of Senior-fucceffion, with a tranflation, 410
PREFACE.
i^ I R John Davis, Sir James Ware, and other writers of Irifli afiairs, having efteemed the an- cient Irifli fy ftem of government, and particularly the confiitutional law of fucceffion, called Tta- fofiry^ not only as abfurd, but alfo as Angular and unprecedented in other nations, has induced the author of the following DiiTertation to 'take up his feeble pen in its defence ; in which he has endeavoured to prove, that a fimilar form of government may be found in other political con- ftitutions, and that this Thaniftical law of fuc- Gcifion was firft introduced among the Irifh, by their Celtic anceilors.
Whoever reads Procopius's Hiftory of the Van- dalic war, and the foundation of the empire eila- blifhed by Geferic, or Gizeric, conqueror of Andalufia and Africa foon after the fifth century, will there find a true counterpart, if not an exa£t copy of the ancient Irifh fyftem of government, particularly with regard to the ^onftitutional law pf fucceffion called Thaniftry. As this hiftorian inay be regarded as an ocular witnefs of moii of the fa As and feats of the Vandalic war, he has been often referred to, the author has therefore given the quotations at length, as alfo from Gre- gory of Tours, to fave the reader the trouble of fecking books, not to be found in every library.
Roderic O Flaherty, author of the Ogygia^ (whom the Irifh erroneoufly efleem as the Hiber- nian Procopius) feems to have confidered the Thaniilical law, rather in its abufes^ and accord- ing
PREFACE.
ing to the manner of executing it in fubfequeoc ages, than in its primitive infiitudon or intent and meaning. This author, among ot! is an example of the great lofs it is both to tory and to law, that they have too little huted their mutual aids to each other. La themfelves feldom give hiftorical dedudions laws, and hiftorians feldomer meddle with k at all, even with thofe which gave occafioD the conftitution of a date, and on which, m than on battles and negcciations, the fate of doth often turn. ar
For this reafon, it is difficult to trace th^ " ral revolutions of the feudal laws of defccntin one ftate of Europe ; nor could fuch revolud be often traced at all, were it not for the li which the hiilories of public fucceffions afford.
Before Edward I. proceeded to hear the of Bruce and Baliol, for the crown of Scot he put the following queftion to the parlia of both kingdoms aflcmblcd together : * By wbii
* law of fucccffion is the right of fucceffion to be
* determined ?' The anfwer made unanimouflj by the parliaments of both kingdoms was, * Thtt *' the right of fucceffion to the kingdom is to be
* judged by the rules obfcrved in cafes of counties,
* baronies, and other fuch like tenures,' Hengcwe fee that the fame rules which regulated private, ! were likewife the meafures of public fucceffion.
The author of this diflertation agrees with Sir John Davis, that the laws of Thaniftry and Ga- vel-kind would not be deemed rational laws in this improved age, and that fuch laws would (to ufc his own words) va en deflruSHm del comptotttoealibl et pour ceo^ no/Ire Ley eft h melior Ley de mmmk pour fair £5? prejerver un commonwealth: the intent
of
PREFACE.
)f this cffay is to prove that ihefc laws were not m cuftomc perfonall^ peculiar to the Irilh, but in x>nimon to mod other nations on the globe.
The beil hiftorians allow that the Englifh an- tiquities are involved in mift, and the Scotch in ^e moft profound darknefs regarding feudal fuc- xffion \ they knew that the inheritance, without (bang upon the eldeft, or indeed any fon at all, was equally divided amongft all the fons, but they knew not from what law or cuftom this pro* ceeded.
This divifion of lands amongft the male oflf- fpring, the ancient Irifli called Gabhaltas-cinne or Gavail-kinnc, from which IriOi word, literally fignifying a famly fettlment ; the Englilh formed the term Gavel-kind. The word Gavail or Ga- valtas in the old Irifh language (ignified any land- ed fettlement whether by inheritance or conqueft ; thus by the words Lcabbar . na Gabbala is meant tHe Book of Qmquc/tsj and in an old manufcript now before me the eftates which the O Briens of Thomond, and thofe of Arra pofieiTed themfelves of in the country of Arra in the thirteenth cen- tury, is called GabbaUas^ though fubjed to no fervice or rent in thofe days.
The learned Somner is as much miftaken in deriving the word Gavel kind from the Saxon Go^ fd or Gavekj i. ,e. vesical, vel, red^tus^ a tax or tribute, and Cyndc^ \. e. natura^ genus ^ modus ^ t mode or quality, as others are in deriving it [ from G«/, or Giveall-kind. Taylor is certainly i^t in deriving it from {a) Gafael^ \. e. tenurg aod ccnedl^ i. t. generation i. t.funduf ^entiUs^ five bereHtarius^ and this agrees per^&ly with the lri(h Gavml'cinne. See the root of this word explained
in
(#) Clarke's Preface to Hywel Dda's Code of WeUh^s Lawf.
PREFACE.
in the preface of the former number of this Co/ ledanea.
The Franks were not the only people, bcfidcj the Irifti, that obfcrved this cuftom of Gavcling or dividing landed properties between the pof fellbrs children. The Anglo-Saxons praflifed the like cuftom, which they called in their lan- guage Gifeal-kin ; a word of almoft the like found and letters, as well as of the fame l^ificatioii with the Irifti Gabbdl-anm. The WcKh alfo, who are the remains of the old Britons, obfenrcd It until the thirty-fecond year of Henry VIII.
Sir John makes no diftin£tion of the Irifh Ga- vels, of which there were too kinds, as we have explained by examples at page 263 of this work He treats only of the general gavel or reparti- tion, at the exiinftion of fome branches, as nwj be underftood from his own words, * Ceft Can-
* finny, ou chicfc de Sept, apres It mort de chc-
* fcun ter-tenant que avoit competent portioildc
* terre, aflembloit tout le Sept, fc aiant mifi ^ touts lour pofleflions en Hotchpotch, fefoit novel
* panition de tout ;— — et il allottoit al chcfcur
* del Sept, folonque fon antiquity, le melrcur on
* greinder purparty.* Again, this author fays, the Ihfh cuftom of Gavel- kind, ^ futt agreeaUc ^ al cuftome de Gavel- kinde, qui fuit en ufe tx
* Northgales/ It is very probable that it originall] was, as the ancient Britons derived this cdfton from the fame fource as the ancient Irilh. Ac cordingly we find that the chief Strongbonian fa milies, exclufive of thofe who were confined will in the Engli(h pale, obferved this gaveling cu! torn, yet they did not regard the rufe of cquj (bares, as I have noticed at page 265, where
gav(
PREFACE.
d of the Burks is tranflated, as I find it re* led in the aforementioned old manufcript. rfae Thaniftical fucceffion of the O Brien fa- f has been recorded from the earlieft account [ri(h hiftory down to the XVth century, in book of Munfier and in the annals of Ire- 1. The tranfailions of this family are inter* r£ed with many hiitorical anecdotes of the va- 18 tribes of Belgians, Livonians, Pruflians, Po- nanians, Danes, and Norwegians, Src. who in- ed this country at different periods to the end the ninth century, under the name of Nfair-^ , Leatnuumi, Lochlanni, &:c. &c. in which, ioAion is made between thofe invaders whom
Irifli denominated Fin-galli, and Duflf-galli, white and blatk ford^ers) names which have pkxed our modern luftorians. This (hall be
fnbje£t of the fucceeding number of this Ikdanea.
rhe author being unacquainted with the temis law, hopes the indulgence of fuch gentlemen
the robe, into whofe hands the following ets may fall. He flatters himfelf, that on an partial perufal, it will appear, fome new lights re been thrown on thcfe very ancient conftitu- Qal laws of the Celtic nations, and that the an- at Irifh are freed from the reproach of barta- ^ fo wantonly and fo illiberally beftowed on em by former writers.
DuBLiv, July 1774.
/
DISSERTATIONS
ON THE
NATIONAL CUSTOMS, AND STATE-LAWS
OF TBI
ANCIENT IHISH.
PART I.
CHAP. I.
Of the aaietit Irijb laws or natiuud adorns, edUd Gavd-kind or Male-gavd, tmi Thmifiry «r iftic SucceOion.
SECT. I.
Of tbt MA.LE-GA.VEL.
/\ S the primordial and fundamental lavrs of all kingdoms and fovereign ftatea are^natu* rally coeval with, and calculated for the par* ticular fyfteni of government originally in- tended and eftablifhed by th^ir refpedtive foun* ders : fo all fuch primitive cuftoma or ufagea aa may pafs either for (tate-maxims or for national
Q^ and
tt6 DISSERTATIONS ON THE
and Gonftf tutiondl laws univerfidly adopted by tbe body of people of which the ftate was firft fonor cd, muft have flowed either firom the law of ot- ture and the maxims of the primitrve times, or from the particular genius and fpirit that dumtc terized each different nation, and the polidcil drcumfiances, in which they primitively hsp- pened to be (ituated with regard to their ndg^ bours and their own national views and pubiic interells ; or from the cafual combination of fome or all of thefe different principles together.
Thus that national and llate-maxim, which hid been anticntly eftablifhed among the Franks, ssd wasby anexprcfb conftitutional law tobe moftftrtft- ly obferved by them after their firft (ettleroent in Gaul, I mean that law, by which all female bein were excluded from any part or portion in fudi inheritances as they called Salic lands ; was not only the natural refult of the military genius of that people, as well as a meafurc of public ex* pediency for extending their conquefls, and fecor- ing their national fettlement in that part of the then decaying Roman empire ; but was alfo very plainly fuggefled by the principles of the Uw of nature and the reafon of things : and far from being peculiar to the Franks alone, the fame maxim was common to feveral other nations, who equally obferved it, efpecially with regard to all properties and tenures of a like conftitution and condition with the Salic lands.
The military benefices that had been inflituted by the Roman emperors, before the Franks had any fixed fettlements in Gaul, particularly
and
DISSERTATIONS
ON THE
NATIONAL CUSTOMS, AND STATE-LAWS
or TBI
ANCIENT I&ISH.
PART I.
CHAP. I.
Of ik oMlient Irijb laws or national cu/loms^ caBed Gavel-kind or Male-gaydi and ThanUlry or Taniftic Succeffion.
S E C t. 1.
0/ tU MALE-GAVEL.
xSl S the primordial and fundamental lavrs of all kingdoms and fovereign ftates are ^ natu* rally Coeval with, and calculated for the par- ticular fyftem of government originally in- tended and eftablifhed by th^ir relpeftive foun- ders : fo all fuch primitive cuftoms or ufagea as may pafs either for (tate-maxims or for national
Q^ Md
228r Di&SERTATION& ON THE
fervice {b) as a neceflary condition for the en* joymcnt of thofe landed, benefices, but alio re- quired, that the fons of the veterans who woe. ** poliefled ofi fuch lands, (bould be enrolled in the fervice at the age of eighteen, to the end, fays da emperor, that they may learn to ferve their fove- reigp and their country, before they are of in agf t0 become plunderers or highwaymen i it ap-
Eears from a remark of St. Auguftin in one dF is ftrmons (r), that tbe Roman emperors aUi required an oath to be taken by thofe, who were to be: poflefled of fuch benefices, by which they bound themfelves to the obligation of militaij fervice^ as well as to fealty and alliance to. the Imperial crown ; it further appears by the so* nezed paflage of Severus Sulpitios concenung St; Martin (d)j that by a law of Confiantioe the Great, it was not left to the free option of the male hcarff of the beneficed veterans^ either to
cogsge
(i) Barbarorum qui apud Ifauros fttnt, vcl per tenottQ Tcl per volantatem* loca ingrefTus eft : qux quum peragnf* fet» hoc dixit, facilias eft ab iftis locis Ittronet arceri qntm toUi, Veteranb omnia ilia qus angufti adeontur loca pri- vata doDavit, addens ut eorum. filii ab anno odaTodccuno mares duntazat ad militiam mitterentur, ne ante latroctna- ri quam militare difcerent. Vopifcus in Probo.
{€) Notum eftt quod milites fieculi beneficia temporalta a temporalibus dominis accepturi prius militaribus iacra- mentis obligantUTy et dominis fuis fidem fe fervaturoi pro- fimitur. Senn. i . in Vigil. Pent.
(df) Sed cum ediftum.efle^ a regibns, et veteranorum filn ad miHtiam fcribepentur, .pn>dente patre qui felicibos ejus adibns inridebat^ cum eflet annorum ^uindecimy raptos et catenatus facraadentis. imlitaribus implicatus eft:. Solpitio in: viti Msuctini.
X.fAWS OF Tai ANTIE3IT IRISH. 229
tsv^mge in die fervicci 4ir forfeit the 'faocefficn >
bu\ were abfohitely forced to enrol and bind tbem-
fcWcs by the military oath above mentioned^
even at the age of fifteen: and here, to-obfervc
it by ihe bye, we have the trne orij^nal and
pattern ^bbth in matter and Ifbrm, of thofe traded
pofleffiom, which, towards'the-decline and period
(tf the G^rlovingian race, vert eftabliffaed in
France and Germany, under ^he name of iFeoda
or Feuds, otherwife ctilied Pi^fs and Fees, held
under the 'obligation of 'fti^, and liomage or
military (bvice, fworn to (he proprietary tord.
It was doubtlefs to leave no fort of room fior a female fuoceffion into thofe military beneftatt'of the Roman emperors, that the words Mires diMMoi^ were inferted'by Brdbus in his juft cftfed law ; ^as if he had forefeen that in aafe ($f 'foiitire of mate ifliie, the daughters of the i>en€ficed ve- terans might po0efs themfelves of the land that was enjoyed by their fath^ under pretekt of a nominal! enirolment in the fervice, and think tfiem* felves qualified to enjoy them by only employing a mercenary foldier to acquit the <A)ligatidn ?hi- cumbent on the benefice. Thia in reiUi^ :haljp« pened Id^tee the cafe, in after ages, with iregsrd to feveral of the military benefices of itheiFreiich nation, wherein after the difoirdcrt, which hap- pened lender the lad kings of the feoond tnie, and when thofe benefices Vfefeconvcrtfld'hitoifiafs of perpetual property, th6**ttitl^urtder the Obliga- tion of -tniKtary fervice, a female fuccd&Mi- wits mtroduced and admitted of, efpecially in the grand feodal provinces, on condition of fumi(h-
- ;in^
*•
230 DISSERTATIONS ON THE
ing the due contingent of officers tad .to perform this feryice in behalf of the heirefis.
But before we proceed farther on this
or come to the explication of the confi
that enfued from the diforders juft mentiofd^
is to be obferved, that the Franks after their
fettlement in Gaul, enjoyed two forts of
properties of different cpnllitutions and
ons ; their very firft fettlements in. that part of
then declining empire, confided in what
called Salic lands, which in reality were hut lit
tary benefices of the hereditary kind, gnntrd
them by their firll adventuring kings, and dueflf
by Clevis ; and which of con fequence they hcUj
£rom the flate, under the obligation of Qiilitv;
fervice. Thofe Salic lands, according to s lite
and well approved French writer (r J, were doc
only of the fame oonftitution with the Romn
benefices eliablifhed by Severus and Probus, bot
alfoconfifted moftly of thofe individual landsthii
had been aifigned by them and other emperors
to the imperial veterans; Clovis haying diftri-
buted them amongft the officers and (bkliers d
hts army, according as they fell vacant, and ic
the mean tiipe, to make up the deficiency
beflowed on others a competent (hare of the
lands that belonged to the domain of ih
emperors, or were otherwife at his own difpo(ai
whether from devolution, di&nheritance, or con
fifcatton i for, according to this author, Clovis dk
no
(#) Abbe Dabos Hift. Crit. de la Monar. Franc. ^oL 4 lib. 6. cb. 13-
LAWS OF THE ANTIENT IRISH. 031
not difpoflcds the old inhabitants of Gaul of the lead part or portion of their properties, for which q^inion, tho' contrary to the general notion, he gives, I think, very plaufible reafons, if not quite - iatisfaftory proofs ; thofe Salic lands or hereditary ' benefices being held of the date, in whofe direft. dominion they always remained, fubjedted as they - were to the obligation of military fervioe, oouid not therefore be efteemed of Oa\£i property to; the pofieflbrs, tho' they may be deemed a perma* nent intereft, as defcending perpetually &om father to fon, while the obligation and condition. of their tenure was complied with and fulfilled. 1 The fecond kind of landed property which ths* Franks became poflefled of by degrees after their eftablUhment in Gaul, efpecially under Cbviti was called Allodium or AUeudium and terra Al-t iodta, in Engliih Allodial land, or Alleud, whereof there is queftion in the 6ad title of the SaUc law^ wbidi was firft digefted and reduced into writing under the reign of Theodoric or Thiery die eldeft fon of Clovis or Clodowic. Botindua ezp^D^is Allodium to be praedium feu qusevis poQd&6 li* bera jurilque proprii, et non in feudura Clientam onere accepta. In (hort, it may be defined, a man's own land, or whatever he poflEbifes freely and merely in his own right, without oblig^tien of any fervice, or payment of any rent to anot thar ; and therefore Qiay be called property in tibte higheft degree ; this name of Allodiom at firft was peculiar to the lands, that were^ left in pro* perty to the andent pofleiTors, the old inhabitants of Gful, both Romans and Celts. The Franks
acquired
l|(t iblSeSRTiATIONS ON THE
Mqwtd ibydegroes ione of 4be fldbdial Imik, ei^ by purchafe or by inheritance, in «Qnfe» qnenpe of marnageB contntded yfixh iach of ihe QAuitfh women, as inherited Jandb, ihatdeTolMi to tiiera thro* failuse of male heirsy which in dl j lifcelifaood was the only cttfe tin wMch fbmiioi opidd enjoy any fliare of iands^of wiiatever.iuod|y aiaoQg idle Ga&ds or:Celts, -as. may i4>pear in tkt ftliuel. And Bs to the Fcanlca it is plainly ap* parent fnDta the f aid 6ad title of the Salic law, wfaicii is de Modiis, that it was only in cafe ^ foch fulure, their women fiicoeeded to the Al- lodial poropertses, which happened to be acquired to them.
"' I have j oft ob&rved, that the term Allodion )pB4ipprDpriated to the landed poflfeflions of tk old 'mbabitants of 'Gaul, whether Romans or CeitBi the nrofli in itfeff is mere Celtic, aodJti lAain mnd natuiid root is ftitt picferved in the old iiifa, allowed to . be the puseft and moft perfeft Aialedt now fnbfifting of that mother-tongQe which was primitively the univerfal language of the European nations, very few or perhaps none at all exoepted. All6d and All6d in the Celto- Iberaian tongue fignifies antient or old, as by jirefixiog dK prscpofition an, or in, it means an* tieqtly , (in foixner times, or .of old, and bei^ce the latinijod word Allodium or Alleudium, in Engli(h AUeud^ :<ddch Signifies an independant hereditary fitoperty of antierrt ftanding or pofTeffion. In like manner^ is the root of the latinized Cehic word, Fendnm lor Feodum, plainly to be found in the Irffii language, wherein die words FAd and
Fodin,
WS 07 THE ANTIENT IRISH. ^33
, though vulgarly Signifying the fod or mould of my ground, do mean as pro^ my one particular lot or portion of land, I cut wit for any irfc whaffocver. Thus Duthchais figniBcd any piece or parcel id, that was of permanent or hereditary ty in any family, tho' fubjetEt to cither cut or iervicc. But Allodium and Feodum t the only words, whereof the etymolygifts ;lo(Iary-writers, have laboured in vain tb at the radical meaning, for want of knowing elto»lbemian language, fo unhappily ne- d now very near fix hundred years. Biit ) be hoped, that the candid acknowledg- of certain late Englilh writers, particularly dward Lhuyd (/), in favour of that antient t ; and the celebrated Leibnit2*s (g) opi- 3f its great ufc towards illuftratihg the re- antiquities of Gaul and Germany, will <he learned and the curious to encourage nprovement of that trueft dialcft of the t Celtic tongue.
But
Archhlog. Brit. Welfli Praef. oftremo ad perficiendam, vol eerte ^ralde promoTen- ttcraturam Cclticam, diljgentius lingus Hibemicx n adjangendum cenfeo et Lhuydius egregie facere nam ut alibi jam admonui, quemadmodum Angli ^olonia SaxoDum, et Britanni emiflio veterum Cclta* allorum, Cimbrorum : ita Hibcmi funt propaTO an- um Britannix babitatorum, colonis Celticis Cimbri- nonnuUis, et ut fic dicam, mediis antcriorum. Ita- ez Anglic is linguse veterum Sazonum, et ex Cimbri- emm Gall'orum ; ita ex Hibemicji vetuftiorum ad sltanim Germanorumve et ut generaliter dicam, ac- m oceani Brilannici Cifmarinorum Antiquitates il- cur. Et fi ultra Hiberniam eflet aliqua infula Ccltici lis, ejus Hlo in mulio, &c.
334 DISSERTATIONS ON THE
But to purfue our explication of the different kinds of properties that were enjoyed by the Franks after their tranfplantation into Gaul, it is . to be obferved, that befides the Salic lands, and the Allodial lands, the French antiquities make frequent mention of cert^n landed pofljeffions, which are merely and peculiarly called benefices, and to which the obligation of military fenrice was fo (tri£tly and particularly annexed, that by the firft article of Charmelagne's capituUr of the year 807 (b)^ all thofe that enjoyed themt were to nuurch againil the enemy at the firft alarm* and to appear in the field before all other fubjeds* Abbe Dubos, who is the late French writer I have pointed at, is plainly of opinion, that thofe bene- fices, fo frequently mentioned in the capitulars of the kings of the fecond race, were individually thofe very Salic lands of which there is queflion in the Salic law \ and which in thofe capitulars he fuppofes to be otherwife called benefices, as being held from the (late on account of military fervice; his chief reafon is, that as the Salic lands are exprefsly oppofed to the Allodial lands in the above cited title of that law ; fo in the capitulars of Charlemagne, the benefice ftands oppofed to the Allodium or AUeud, particularly in the ipih article of his capitular of the year ffJ9 (j)% AS in the margin.
Abbe
(h) In primit quicahque Beneficia habere videntiirt nes in hoftem ventant. Capitul. An. 807. Art. 1.2.
(f) £t fi Deo donante fnper fe et fuper familiam fuam aot m Beneficio, ant in Alode annonam habueriCi et venundare ▼oluerit. Baloz. Capitul. An 779. Tom. 1 p. 456.
LAWS OF THE ANTIENT IRISH.
Abbe Dubos has indeed very fufficiently proved, that the Roman benefioes inftituted by Severus and Probus, and the Salic lands fettled upon the Pnnks at their fir ft eftablifhment in Gaul, were csadtly of the fame nature and condition ^ and it Iz U really what appears evident to whofoever com- ' pares the above cited conftitutions of thefe two emperors with that part of the 62d title of the Salic law, which referves the fucceffion and fe- cures the inheritance of the Salic lands to the male beirs of the pofleflbrs ; utterly excluding women from (baring in that kind of property : an ez- dulion, which plainly (hews, that thofe lands were fubjed to the obligation of military iervice, pf which women are naturally incapable. And as the (aid lands were at the fame time to defcend by inheritance to the male offspring, it evidently follows, that they were of the fame nature and conftitution in all efiential refpefts with thofe mi- litary benefices, that had been e(tabli(hed by the Rornan emperors above-mentioned.
Now therefore if Abbe Dubos had made it ap- pear, that the French benefices, whereof frequent mention is made in the capitulars of the Carlo- vingian kings, were of the fame nature and con* ditions with thofe of the above emperors ; it would follow of courfe, that they were alfo of the fame nature and conflitution with the Salic lands; but yet it would not follow, that thofe fame benefices were individually the very pro- perties, which are called Salic lands in the text of the Salic law. For I prefume it (hould be confidered that the kings of the fecond race, as
well
036 ©ISSERTATIONS ON THE
well'fls ihofe of tfaefirft, might have occaGonallr made gnmts t>f other hinded pofleffiom to thi^j tifficers and foldiery, <m account of military fe ▼ice; as it is evident from hiftory that ffacfj really did, even to the prejudice of their own tb*! vnain ; as alfo that they may very juftly \m tliftinguifhed ^by the name of benefice fockj
'new 'granted poflfefiions from the anrcient SA\ lands that had .been fettled upon the primitiie Franks at their firft eftablifliment in Gaul. And f tannot but think fuch a diftindion is the'tnoke leafbnably to be fuppofed, as the Salic lands wot fiitt granted to thofe adventurers, not only« their pay for aflual and future fervice, but aKb as a juft reward of their paft condud and brsvcfj inlhe profecution of a war, whereby their kingi hvA obtained fo happy 'and gb rious an ^abfifr ment inone of the moft grateful foils, and raoft agreeable "climates of Europe ; after a 'long, b- ^igurng courfe of roving and plundering, fioce the time they abandoned their former habitatioos on the right fide of the Rhine.
But by what I have juft faid of the diflinftion that might rcafonably have been made between i the new benefices and thofe of the Salic lands ; I
would not be underftoed, as if I meant, that it Ihould be or really was a mere nominal difiindion: for I humbly think there was a real and ef- fential difference between them, at leaft in one refpeft, as I (hall foon explain. The ingenious writer I have repeatedly mentioned, no way ap- prehcnfive, it feems, of the leaft doubt or fuf- * ptcion concerning fuch a difference, firft fuppofes
without
LAWS OF THE ANTIENT IKLSH. 937
bout hefitation, that the term benefice faoftea dc ufe of in the capituiars, ia always ta be. uor -ftood aa meaniog the Salic lands (k) : and then : iupporting bis opinion, contents himfelF with i reaibn above-mentbned ; I mean, the bene-
5 being plainly oppofed to the Alleud in Char^ oigpe'a capitular of the year 1779, in the fame Wner aa the Salic lands are oppofed to the Al* M lands in the bzd title of the Italic law. lia^ it mufi be conf^ed, is a plain argument d pcoof of a natural agreement in fome certain ijped bctiReen the SaTic lands and the benefices often mentioned in the capitulars: otherwife ey could not naturally fiand oppofed to one and e fame thing, but far from proving tbofe be-- fioes to be the very Salic lands granted bf Cbvia id his predeceflbrs $ or that the term benefice is It another name, by which they are defigned If Cbaska the Great ; this fuppofition does not ren prove them to be of a fimilar kind or con* ition in all eflential refpe£ts. In a word, it only roves them to agree in one refpedt ^ which doubt-
6 is, that both kinds of landed polTeifion are fually held of the king under the obligation: of military fervice. But at the fame time, I cannot at aflbre myfelf, that they alfo differed in ano- cr eflential part of their conlUtution y which I rinly think to be this, that while the Salic ids were a hereditary eftate and property to the [Je defcendants of thofe that firft c^tamed and erved them, the benefices mentioned in the
capttutacsi
(k) Hift. Crit. vol. 4, p. 34s.
23S DISSERTATIONS ON THE
capitulars, were but a mere bounty and gift or the king, granted only for life, to his officers and foldiery, on account of military fervioe in time of war, and of dvil offices in time of peace ; for the fame officers adted in both capacities, as we (hall fee in the following fedion.
That thofe benefices were not hereditary, I think may fuffidently appear from the very texts of the capitulars, that are quoted by the Abbe Dubos (/). For, in the firll place, thofe bene- fices were fubjeft to forfeiture for bare omiffions of civil duty, fuch as the n^ledt of difcovering or delivering a robber into the hands of juftice (lyv), and other fuch delinquencies as could not of their own nature be reputed capital ; and confequendy not grievous enough to caufe the forfeiture of any hereditary property ; inafmuch as the innocence, as well as the intereft of future heirs is generally confidered on thofe occafions ^ excepting in fome countries in the cafe of high treafon, or of rebel- lion ♦ rather in the higheft degree. In the
next
(l) hift. Crit vol. 4. p 3^3, 314.
(i») Qjlaliter de latronibus faciendum fit *
Similiter & Vafli noftriyfi hocnon adimpleverint benefidoiv Be bonorem perdant. Balus. capit. torn. i. p. 197.
* Mr.Carte in his Hiftory of England, toI. i . p. 364, citei the Hiftoria Blienfis to prove there were fome lands held bf the Saxons» which were not liable to any forfeiture, not even for rebellion i alnd thofe he fuppofes to be fnch as had been allotted to the firft adventurers, when a partition wu made of their conquefts. If he is right in this conjeftocct the Salic lands, being in the fartie manner, foch as were acqmred to the Fraiucs by the conquefij in Gaul» muft in all appearance have enjoyed the like privilege of not being liable to any forfeiture ; inafmuch as the cuftomt ana
u&ges
WB OF THE ANTIENT IRISH. 239
ce, we find thofe benefices fircqucntly op;
> property, as in the capitulars here re*
> in the margin (n) ; what doubtlefs had 1 the cafe, if they were hereditary lands ^ ery landed tenement that defcends to * eirs, is truly and really a property to him, it may not be free and independant, or juris, in the (Iridt fenfe. To all this I (hall d, that the bed French writers, who have of the antiquities of that nation, generally I mentioning as one point of the ufurpa- the dukes, counts, and other officers upon onarchical rights and prerogatives, their ng hereditary in their own families thofe enefices, which till then they enjoyed on^y , or doubtleis, during the king's pleafure of mifcondu£t.
oonfequence of this laft argument in fa- F our opinion being too plain to want an t dedufiion, I (hall conclude with obfenr- At from what I hare hitherto advanced,
it
f both nations were generally the fiune» as that au- I7 obferYesy though he plainly contradidi himfelf ts oint in the fame place as (hall appear in the fequel. remarks in the fame paragraph, that the Boclands» :das being granted by written charters, under re* n of rent or fenrice to the king, were forfeited ' murder and treafbn, but that tlwir forfeiture did »nd to the children of the guilty perfon. .aditnm habemus qualiterSr comites 9t alii homines ra beneficia habere videntur, comparant fibi pro- t de ipfo noftro beneficiof & curtcs noftrs remanent
Bsduz. cap. torn. i. p. 453 Qtficunque
am fuum occadone proprii doertum habuerit & in* urn poftquam a comite vel a miflb noftro ei notua fuerity iliud emendatum non habtterit» ipfum bene- imitut. Capit, an. 808. lib. 4. art. 38.
DISSERTATIONS ON THE
it fccms very apparent, if not quite evident, t^ the Franks under the firft and fccond race cnjay three dififercnt kinds of landed poffeflions. Pi the Salic lands, which in all cflcntial refpcfl were of the fame nature with the hereditary ^ Roman benefices firft inftituted by Alexander Sc- verus, and afterwards extended by Frobus and Conibnlinc . Second ly , the benefices for life that were occafionally granted by the kings of the fe* cond race, and doubtlefs by thofe of the firft, who were fuccelTors of Clovis and his fons* to their officers and foldicry on account of military fervicc. And thirdly, the Allodial lands, which the Franks gradually acquired from the old inhabit- ants under both races, and which may be called property in the moft perfedt fenfe, and higjhcft degree.
But thofe diftin£tions were almoft univerfiJIy laid afide in France, before the eftabliflimeflt of the Capetian race, having been all reduced to one common form oi tenure or pofleiTion known by the name of feud, fief, or fee; which in nature
and
• 4
Aucruftns the firft Roman emperor (ettled benefices ditf- ing life upon the foldxery of his armies, which confified in laMti whereof he had difpoflefTed the Roman citizens. Ale^- aaderSeverus io the inftitution of his benefices granted to the frontier troops, aded much more agreeably to jnftioi and equity, as well ai to the maxims of wife govenuacnC. He gave no other lands to his officers aad fiudien, than thoM that were recovered from the Barbarians,, who had encroached on the empire in its frontier provinces » aad for his making thofe benefices hereditarx» he affigns this found reaibn, that their pofTcfTors muft he the more ^in- lant and adive in repelling the enemy, as they were to do- flAid their own properties, whilft they were fighting fiir the fafety of the empire, diccns, atieatius hos militatoroSf fi fua rura defenderent.
;5. t
err
Du'
\
LAWS OF THE ANTI£NT IRISH. 241
md condition was not efleotially difierent from the Salic lands, and perhaps lefs fo from the he* reditary benefices granted by the Roman empe* fors : as v^e know from the above cited paflageof S. Auguftin, as well as from what Severus Sul- pitius mentions of S. Martin, that an oath of icsalty and homage or fervice was required of the beneficed foldiery, at leaft as early as the fourth or fifth centuries, in the fame manner as it was afterwards exaded from the fief^es. And hence I fuppofe it was, that feveral of the French wri- ters, fuchasBodin, Du Moulin, 8cc. have ufed the terms feud, Salic land, benefice, all promif- cuoufly and in the fame fignification ; though it feems certain, that there was an eflential diffe- rence between the fiefs under the third race, and the benefices that were granted under the king's of the firft and fecond race ; thofe being heredi- tary, and thefe only for life.
This great change in the condition of the fub- je£t8, and their manner of enjoying lands ; this general extindtion of the Allodial properties was begun Toon after the firft decline, and perfefled tot^ards the period of the Carlovingian race ; when the dukes or governors of provinces, the counts or governors of towns and their territories, with other officers of inferior rank, raking advantage of the weakneifes of the laft kings of that family from Louis le begue to Louis le faineant, as alfo availing themfelves of the large conceiTions and grants made to them by the ufurper Raoul to the great prejudice and diminution of the royal do- • main, not only appropriated to themfelves the
R fovereign
142 DISSERTATIONS ON THE
fovereign power and jurifdidion, which tiU then they had exercifed in the king's name, but alfo nfurped the perpetual and hereditary property </ all the lands that were fituate within the limits of their refpeAive governments. In confequenceof this ufurpation they obliged the Allodial prqm- tors, as well as the pofleflbrs of Salic lands, and ; thofe who enjoyed royal benefices, to hold firoQi and derive under them for the future, fo as to Im* come their immediate vaflals and fiefees ; aD ; bound on oath to pay thepi fealty and homage ' or military fervice, as to their immediate lords and fovereigns, to the great prejudice or abnoft the annihilation of the regal authority, as well ti to the utter fubverlion of the moft facred ri^ti of the king's fubjedts in general, but moft dfpe- cially the proprietors of Allodial lands. For, n monarchy, I mean regal power in its natural ex* tent, and reftrained or counterafled by no other power but that of the law, is the beft and pro- pereft form of government for maintaining bodi the duration of empires and the tranquillity of the fubjedts, as the chronological abridger of the French hiltory obferves in his particular remsrki on the fecond race ; fo nothing could be more deftrudtive or fatal to both the one and the other of thefetwoobjeds, than the eftablifhment of the feodal powers or ligniories, that were fet up by the great lords of thofe unhappy times, and the feudatory tenures, to which they reduced the fubjedls under the fworn obligation of fealty and homage to themfelves, more immediately than to their natural^ Tov^.i^ign and king, who only re- tained
. AVrs OF THE ANTI£NT IRISH. 243
icd what was called an arriere vaflalage over iminediate vaflala of thofe ufurping lords* lusall the petty feudatories and tenants, ty- mized by thefe new mailers, were conftantly pt in the moft diftratted condition between nr immediate lords and the king, not knowing !Uch to obey upon any clafliing of interefts be- 'een the two powers ^ fuch efpecially as had ought on a call for military fervice from both € one and the other at the fame time : and their :uation was the more perplexed, as the feodai rds to whom they had fworn homage or fervice, id cqnfequently infift on a right to march them i the field, in order to make war upon the very ng* their fupreme fovereign, whenever they dged it their intereft to quarrel with him. A like ufurpation and change took place in snnany much about the fame time, at leaft in e fame century ; but by a good number of ars earlier, if I am not miftaken, than it hap- ned in France. We find that the German ^ds, in the reign of Louis le debonnaire, foa d fucceflbr of Charlemagne, aflembled in diet Nimeguen, ann. 831, were powerful enough reilore that emperor to the imperial throne ainft the joint intereft and oppofition of his eefons, Lothaire, Pepin and Louis, who had x>fed and (hut him up in a convent. The wars I divifions that were afterwards held up be* sen the faid Lothaire, become emperor, and brother Louis, who firft was king of Bavaria I then of Germany, whence he was called Liis le Germanique, could not but &vour and be
R 2 the
244 DISSERTATIONS ON THE
the occafion of carrying to a higher jntchy the Rowing power and authority of the GermiB princes. The partition that was fubfequcndy made of the kingdom of Bavaria or Genrnafi in the year 877, between the three fens of Lodi It Germanique, having divided the foverdgntj, and thereby weakened the regal power in all the divifions of that kingdom, muft likewife bait given a favourable opportunity to the GemMA lords to pulh on more and more towards the in* dependency they always aimed at. And thedif* putes that arofe firft between Charles le chauvet King of France, and his nephew Carloman, fon of Louis le Germanique, after the death of Loim II. fon of LfOthaire, when they both contended fer the empire in the year 875 : and afterwards b^ tween the faid Carloman and Louis le begue, die faid Qiarles's fon and fucceflbr in the French throne, contending in like manner with each other for the Imperial crown ; furniflied without doubt to the German grandees the next, and in all appearance, the only opportunity they then wanted to complete their feodal ufurpation, and fix their fovereignty upon the fame bafis it ftands to this day. Accordingly we find that thofe German lords now become fovereigns and chief members of the body politic of the occidental empire, had fo efTedtually ufurped the whole power and authority of the ilate, that they took upon them to depofe the emperor Charles le gros brother and fucceffor of the above Carlomati ^ which they really executed in the year 888.
Now
LAWS OF THE ANTIENT IRISH. t45
Now as the above expofed occafiont of ag- pmndiang the German lords, by which they were fttkft enabled to aflume a feodal fovereignty, have tU offered before the year 878, when Louis le begue was weak enough to pacify his male-con)- tents at the expence of the royal domain, wberebf he difinembered and diftributed very confiderable parcels amongft thofe fadlious harpies, who hav- ing afterwards erefted them into hereditary lord- fliipa, were thereby in a condition to make the firft ftep towards the ufurpation, which they thence-forward carried on, and at laft completely eSedted before the extindtion of the Carlovingian race : and as this weak condudt of Louis le begue was the very firft occafion of enabling tho(e am- bitious courtiers to ufurp a feodal fovereignty in their refpeAive provinces : it is therefore a pktia confequence, that the French lords were not the firft^fhat began this kind of ufurpation ; but that they only followed the example of the German dukes and graves or counts, fuch as they had been appointed by Charlemagne; as governors 6f provinces or counties, upon the model' of thofe of France.
And here it naturally occurs to be obferved, that as the ufurpation of the German dukes, graves. Sec. hadferved both as a precedent and a model to that which was carried on in France ^ fo did the example and fuccefs of the French uf- urpers encourage the Anglo-Saxon governors to borrow from them the fafne pernicious model of ufurping upon the regal power and domain, and aifuming the fame fafliionable titles of dukes,
counts
DISSERTATIONS ON THE
counts or earls, as they did in Ethelred^s tfigPf in imitation of thofe on the French contincot. Our Englifh governors did not indeed begin to ufurp the hereditary property of their refpediie provinces or counties, until thofe of France hid completed their feodal ufurpation and fovoc^- ty ; which it is plain they effe£tually and uaiver- fally had compafled before the reign of Lotbuit the Ton of Charles the (imple ; lince we find diat king reduced to very little more than the one fin- gle town of Laon for his whole domain, jufiif- ter his acceiTion to the throne in the year 954, an epoch wKich was 23 years earlier than the be- ginning of the weak reign of Ethelred, under whom the Englifh^ governors alTnmed the titles of dukes, &c. and ufurped the hereditary feodil property of their refpeftive govemmenta. It i^ true they might have made long ftridea^ as it par- ticularly appears, that the Mercian and North* umbrian lords really did, towards that ufurpation under the ufurped reign of Edgar, and even fome years earlier during the troubles of his brother Edwy's, againft whom the former rebelled in the year 956. Their uncle Edred, a weak prince, who died in 956, had indeed unwifely furnifhed a precedent to thofe ufurping lords, when he com- mitted to Ofuolf the government of all Northum- berland, with the right of inheritance in favour of his defcendants. But befides that this precedent, and whatever progrefs of an ufurping tendency^ might have have been made during the reigns of Edwy,' Edgar, and Edward the martyr, were but preparatory Aeps towards the ufurpation which only began in that of Ethelred ; as all thefe
epochs
LAWS OF THE ANTIENT IRISH. 147
dis were pofterior to the time of Raoul's uf- ttioQ of the French throne, and the rdgn of fucceflbr Louis d'Oulremer, when the feodal pation of the French grandees had been uni* lUy effedied; it pkinly follows, that the li(h governors did not begin their ufurping oae until the French had finiihed their own^ Fumiihed them with a complete model, ad this, to obferve it by the bye, was not die inftance of ufurpatton upon regal power 1 :dn the flate-officers of the Anglo-Saxons wed the fteps and example of thofe of the iks. For it is very remarkable, that when { officers or minifters, whom the French call- laires tin palais, palace mayors, under the s of the firft race, and who originally were ^vemors of provinces, had rendered here- jf in their farxiilies, not only their provincial nunents, but alfo that of the king's palace houlhold; fo the Anglo-Saxon eoldermen anes (for (b they firft were promifcuoufly 1, as we find in the recital of Alfred's re- ions and laws, tho' afterwards thofe two ti. were diflinguifhed) who in the beginning but temporary governors of counties under dngs of the Heptarchy, not only made felves hereditary go\'ernors, but alfo con* d entirely to their own ufe the public reve- of their refpedtive governments, and, as the ;e mayors in France, ufurped at long run the . dignity : fo we find in the Anglo-Saxon ry, that Witlaflf, who at firft was but chief nrman of Mercia, afterwards became king of kingdom, even in the great Egbert's time.
Indeed
t48 DISSERTATIONS ON THE
Indeed the very titles of the French mayors sod the Saxon eoidermen, were of the fame io^xM and literal fignification ^ and fo were their offioM and power of the (ame nature and extent. The ienieuiB and archi-fenieurs of the Franks^ other-, wife called maires, i.e. mayors^ majors, asbeifl| najores natu, the (ame as feniores, under the kings of the firft race, were according to the pri- liaitive ufages, and in confideration of their age and experience, entrufted with the principal of- fices and power of the ftate ; and were psrtica- larly emfdoyed in the government of provinoet^ vefted with both the civil and military power. The eoldermenofche Anglo-Saxons, atitlewhidi in the Saxon language figniiies mayor, fenior, or elder, were entrufted v^ith the like doobk power in their government of counties and pro- vinces. It was the impolitic union of thofe two powers in one and the fame perfon, that give fuch a general influence to the French mayors and the Saxon eoldermen, as enabled them to carry their ufurpation to fo great an excefs, as the for- mer did at the decline and towards the period of the firft race, and the latter during the laft age of the Heptarchy ; and in fome meafure under the monarchy of Egbert and his three next fucceflbrs, until the great Alfred wifely feparated, and pot into different hands the adminiftration of thofe fame powers, whofe union had proved fo preju- dicial and dangerous to the regal authority. The Saxon eoldermen were indeed much flower in con* du&ng themfelves, according to the pernicious example of the French mayors, than their f«c-
ceflbrs
W8 OF THE ANTIENT IRISH. M9
the dukes tnd earls were in Ethdred's in foUo^wing that of the Freneh dukea and under the Carlovingtan race. 3 ferioua refledtions relative to the uiurpt- ' the French maires and Saxon eolderniM, naturally occur to the reader in this place ; le, that the maxim of entrufting feniors K>th the civil and military power in the go- ent of provinces, feemt to have been a na- cuftom, which was common to both the B and the Anglo-Saxons : and as the latter xrtainly compofed of various tribes or na- if Germans, Saxons, Frifians, Angles, Jut- s, &c. it is rationally to be prefumed, that ne cuftom was univerfal and common to all ermanic nations, founded upon their great Ltion for the perfons, and confidence in the ty and experience of the principal feniors of efjpe£tive tribes, agreeably to the maxims of imitive times. The other reflection rela- 0 thofe ufurpations particularly that of the h dukes under the fecond race ; that inaf-
as thofe kings of that family whofe weak A encouraged the ufurping meafures of their ; and counts, muft have known, that the of the civil and military power in the hands t palace mayors, was what enabled their own ors, Pepin Heriftal and his baftard fon ;8 Mart el, to drip their royal mafters of kvhole authority, and thereby pave the way !pin the fon of this Charles, to deprive the ing of that race not only of his crown, but ( liberty, treating at the fame time his fon
and
250 DISSERTATIONS ON THE
and heir Thiery in the faioe inhuman as thofe Carlovingian kings, I fay, muft been well-informed of fo recent hiftorical is very ama^ng, that they were fo ii to have furniftied their dukes with thefiune of dethroning themfelves, that the above-i palace mayors had made ufe of to extirpate whole royal family of the Merovingian race.
The reader I hope will excufe the difcuiTion concerning the different conffiti and conditions of landed properties, and changes they fuffered firom the ufurpation of feoda Uords: a difculfion I judged neceflbry toi premifed by way of introduction to what I juft going to lay before the reader, in vtndical of the ancient cultom of male-gavel* kind, «l has been inviolably obferved at all times by tiiei cient Irifli, as well as by various other m until the fourth year of the reign of James art, our firft Albano-Scotic king, who then lifhed that primitive and national cuftom, wind! had been formerly obferved by his own natioQ well as by the Irilli.
The IriOi cullom called gavel- kind, confiM in dividing the father's hereditary lands among all his fons, utterly excluding the daughters firom enjoying any (hare of the landed inheritance. The manner of this divifion (hall hereafter, be exphioed and exemplified by feveral inftances of particultf family-gavels, which I find mentioned in the Irifli antiquaries; in the mean time I am to obferve and prove in vindication of this Irifh cuftoi&i firil, that the maxim of excluding women from
(haring
LAWS OF THE ANTIENT IRISH. 251
iving with their brothers or co- heirs mak in ■ded properties, far from being peculiar to the llhy appears rather to have been univerfal or immon at leaft to feveral other nations in the feiitive times ; and next, that the cufiom of ■riding the father's lands among his fons, was loooftantly obferved by many other andent peo-
u by the Irifli, and feems rather a maxim of praAice in all the primitive nations, than
anreafonable cuftom peculiar to the Iiilh
» -
P Now, as to the maxim of excluding the daugh-
crs firom fliaring with their brothers in the landed
pihentance of the father, we find it as ancient as
fe patriarch Jacob, whofe daughters were to en*
Isy no (hare with their brothers in the land of
pomife, which was their father's inheritance by
Avioe appointment. Nor do I find in fcripture
or andent hiftory, any inftance of daughters
Ibiriog with their brothers in their father's landed
^operties in thofe primitive times. I have ob«
erved and (hewn in the beginning of this dif-
ourie, that the Romans, as well as the Franks,
Kduded women from enjoying any portion of
ich lands as were fubjed to military fervice, and
"ere therefore called military benefices. In effect,
is plainly againft the nature of things that lands
hidi had been acquired by the fword, and either
luft be maintained and defended at the point of
e fword, or elfe are enjoyed on condition of mi-
ary fervice, (hould be poflefled or (hared by
>men, who are naturally excluded from the mi-
iiy profeffion.
Accordingly,
tii DISSERTATIONS ON THE
Accordingly, not only the Romans and Frank:^, but likewife the Goths, the Burgundtans, and^ the other barbarians who were firft employed by the emperors as mercenary auxiliaries living apon military benefices, and afterwards forcibly fetded themfelves in different parts of the empire, have all equally obferved the maxim of excluding women from (baring cither in the military bene- fices they made hereditary in their different fami- lies, or in any other lands that were acquired and defended by the fword; this plainly appears through the whole courfe of their hiflory, as it hath been delivered to us by Procopius, Gregorius Turonenfis, Ifidorus, Idacius, &c. In a word, dll the Teutonic or Germanic nations excluded the daughters from fharing with their brothers or other heirs male in the father's landed inheri- tance of whatever kind or condition, all bring referred to the fons or male offspring alone ; as appeal's exprefsly by the following axiomatial Latin diflich, fetting forth this fame maxim of their ancient laws :
Teutonicis prijcis patrios fuccedit in agros Mqfculaflirps omnisy ne foret uUapotens.
As to the old Irifh, they were fo tenacious of the maxim of excluding women from all landed inheritance in their different tribes, that the fa- therms landed properties upon failure of his iffue male, devolved entirely to his brothers or next male heirs without any regard to his daughters.
The
N
.AWS OF THE ANTIENT IRISH. ' 253
Cbe exclufion of women from (haring in pa- nonial cfiaceSy was To general among the Id(h well as the ancient Germans or Teutonics, that eixtendcd to all forts of landed properties with- in diftlnftion of Allodial and Feodal ; a diftinc- flk wbofe origin could not have been earlier than firft infiitution of military benefices foon after beginning of the third century ; the landed rties of the old Iri(h, of whatever rank, all of one and the fame nature and condi- _ , and may in a proper fenfe be ftiled of the Ubdial kind, as they were proprii juris, fubje£k b no rent! or fervices, nor alienable by any ex- irefs flace-Jaw for any failure of duty towards lie rovereign, though far from being (afe from mt of the ftrongeft hand; the Dynafts and oparchs with their dependants were indeed in le cuftom of anfwering the military calls of leir proyincial kings, for marching under thdr xnaouind to wage war againft their enemies or lofe they inclined to pick a quarrel with. But ita kind of military fervice, far from afieding le landed properties of thofe that rendered itf raa abfolutely free and voluntary ; inafmuch as lofe fame Dynafts and Toparchs efteemed them- Ives not the lefs poflefled of the right of mak- ig war upon thofe very kings, as often as they rat able to form a fufHcient alliance to vindicate ly grievance they pretended to have fuflered om them : and as to thofe kings of Meath or *ani, who in the middle ages of the Scotic gp- minrient, afliimed the title of Monarch or King F all Ireland, or rather have been ftiled fo by
the
354 DISSERTATIONS ON THE
the writers of their party, mod certain it is, that the 'provincial kings and other fovereigns never acknowledge any fupreme right in thofe pre- tenders to monarchy, but always aflerted their own independency againft them at the point of the fword, as appears moft glaringly from the Irifh annals ; notwithftanding any cafual and (hort flarts of depredatory po^er in fome of thofe nominal monarchs, who never failed to kt out upon ravaging expeditions into the neigh* bouring provinces, whenever they happened to have formed a fufficient party for fuch depreda* tions; parallel to this, without doubt, was the cafe and ftate of all the Germanic and Scythian nations, and probably of all others in ancient times, before the formation and firm efiabliflimeiit of well policed ftates.
But to return to the male- gavel and the ez« clufion of women from landed propenies, I cant but be of opinion, that it was untverfal, I mean common to all nations in the primitive tiroes, and that it feems well grounded upon the princi- ples of the law of nature and the reafon of tbingt In thofe early days of the world and for a long time after the difperfion of Noah's pofterity, all landed pofleiQons, whether they were enjoyed by the right of primi occupantis, or acquired by force of arms, were all equally to be maintained and defended by the (Irength of hands and the ufe of the fword : fundtions, which womankind was excluded from by nature, notwithftanding alt the ftories of the pretended feats of arma of the Matic Amazons. We may aflure ourfelTea,
that
AWS OP THE ANTIENT IRISH. 255
t matters have continued in the fame ilate n after the eftabliibment of political focietieSy Al thofe nations, wherein the fy item of general icmnient was rudely planned out and the fo- ly ill policed, efpecially in thofe which confided ^different independant tribes of people, all and conftantly exercifing the right of liing war with each other, though in fome , pditically connedted together, whether by jlieiieral but ill-formed confederacy, or by th^ pQiority of one common fovereign, which was It regarded but as far forth as he had power dough to enforce it ; in this fame fituation, we Hj conclude from all the lights fumifhed us by Ikiy, human affairs have always remained in
I tbofe parts of the Celtic and Scythian coun- lis, wherein the Roman power and police had X been eftabiiftied, as it was unhappily the cafe Ireland, as well as in molt parts of Germany id tfarou^iout the Scythian nations ; hence the imitive maxims were always maintained among ft old Iri(h, and particularly that of excluding 3oien in all cafes, even upon failure of all iflue ale in one whole branch of a tribe, from en<- ^ng any part of the family eftate or landed djpertics, which in fuch cafe, devolved to the ilea of the next branch, or elfe reverted to the rpo£il of the common chief of the whole tribe, » upon fuch occafions new-gaveUed it amongft e different branches.
The Franks indeed after their fettlement in ml,, allowed certain women to inherit Allodial ids ; a cuilom they doubtlefs borrowed from
the
256 DISSERTATIONS OK TH£
the Romans and Romanized Gauls ; but the liberty they granted on this occafion was very much ftraightened and limited, fince it only ex- tended to the mother and aunts, both paternal and maternal (with the preference to the latter) of the proprietor who died without iflue either female or male ; for it is natural to fuppofe, that if he left a daughter, the Allodial property mi to be inherited by her. As to collateral female heirs, even were they fillers or nieces, they were all exprefsly excluded by the law, and the inherit- ance was to devolve to the neareft collateral kinfman of the deceafed, however diftant he may be. Leg. Sal. tit. 62. de Allodiis. The benefit here allowed of to the above limited female betn feems veryjuft and natural among the Franks of Gaul, whofe acquifitions of Allodial lands muft have proceeded chiefly from their intermarriagei with Gallic or Romano-Gallic heirefles.
Before I have loft fight of the above explained principle or corollary of the law of nature, where- by women were excluded from landed properties in the primitive times, 1 (hall obferve it was the fame principle together with the nature of the functions which were indifpenfably required from the perfons of chief governors and com- manders of nations and tribes, that gave an ab- folute and natural exclufion to womankind from being fupreme rulers or fovereigns in any nation whatfoever during the primitive and middle ages of the world, and generally all along 'till within a few centuries of our times. One fmgle Semi- ramis in Aflyria, one Cleopatra in Egypt, one
ambitious
LAWS OF THE ANTIEWt* IRISH. 157
mmbttious and monftroufly unnatural Irene in the Oriental empire, one folitary Borana in that of Perfia, and one fabulotls and ingenioufly fingu* hf i29edoId Macha^ whofe antiquity the Iri(h Saena*- city'a or antiquaries took care to inake almoft as Tenerable as Semiramis : thefe fingte inftances, I fay, of female government, thefe rare anomalies m the different political fylfcms of our world, can be of no prejudice to the principles by which women have been excluded IRrpm the n^ government of nations arvi Idngdoms ; natural^ ly cfifqui^fied to enjoy landed projperties of a private coiidition in the primitive times, they were by a ftronger reafon incapacitated to enjoy kingdoms and govern nations.
The nature of the perfonal fuAAions that wete required of kings or fovereign rulers in the pri- itntWe times, and which they generally performed tn perfon until within a few centuries paft, wi!re thole <^ commanding their own armies in the field, and judging the caufes of their fulge^ : fUfiClkions which women are natundly drfquKfied to meddle wUh ^ the barbarian kings, even the inoft unpolifbed of them, did not difpenfe them* ftlrcs from acquitting thefe duties^ nor oitiitted cither of thefe two futidlions. A Roman writer tells us of the famous Attila kibg of the Hunii^ that after fighting a battle, hts aext eane was to fit on his tribunal^ and decide the caufes and cHf* {fetes of his people* ; but in after ag;^ wheh
S kingf
* AttUaegreffoBbsbitatiime, gravis valmomnkuDoai* Am quaquaverfas in fe converfis mcedcAs» GUfb ootfMo 6* dit pirradibosy hic cum miilti mfbus erant lites a£enttttt ^ clas jttftitiam cxcepenmt. mens lUth. in t xccrp.
f6o t)IS«ElltAtlONS 0*I THE
havi! bccafion t6 explkhi In the foUbtiring Teaite, tfetoYding to the ctefiaiiled account of Procopioi de hello Vandal, lib. i. tap. 7, 8, 9 ; in a woid, I can cafily conceive the principle, upon wludi the ttapcTor Valentinian HI. when Atttla demanded hh fifter Honorla in marriage, with a -vkm of iharitig m the (empire by her ri^ht, undeodVki th^Btt ambitious barbarfam idng by roundly anfwer ing'him, that tn cafe he was married toiionoriiy hetould derive ho right from her, ihafinddi 11 ^men had norle to the empire ; neqoe Impen* tirn Hohorik deberi, Virorumenim, noii mulieraa RcUnanum linperium efle ; Prifcus RUetar Da- thcfnie, torn. i. p. 223.
N6W inafmuch as I have treated the good oU Itfdies of antient times with all the Viv^Afj of thfe firimitiVe tnfaxiiBsby fescluding thim fMtn die tiftjdyihtfrit of all landed properties^ it is ^ aoA dtcdAt, that before I tiske my leitvie, Ifliotild pro- ^^ide for them other wife in fome bdimyiing Mm- Tftsr-, their fortunes and natural eftabliflutients ^^t^e not the lefs fecure for fuch an ezdufiott» they were under no neceffity of providing a ttitr- til^ portion to attradt courtiers, or fati^ 4litibands ; on the oontmi^ their hufbands were obHged to portion and endow them according to ifae !wife maxims of the primitive times, sod 'UHl^out this condition they could obtain no femak ^nforts. Women were therefore as eamcftly courted and demanded in difmterefted manriage In thofe days, as they are now haunted and ifl ibine countries run away with for their fortunes, ibore than for any conjugal a£fe£tion. And hence J •' ■• ■ ■ we
. AWS OF THE ANTI^MT tMSH. %6i
oiajf afllire ourfelves the unfortuped gop4 men of antient times foupd the mmriage tkaAt icfa happier, than, fome of pur modern, la.di^ d it i^ith all their thQufands^ Tacitus informs us that the German woiipep Mig^t no fort of portion or fortune to their Am^s, but on the contrary, tlwt the hulbiaod tt oblig^ to beftow a marriage portion upon e wife : a pUin and fimple one indeed it wa^9 ice it confiftied not of any gau^y ornamcnta, bHt il} in fome cows and a war horfe, another with a licld, a fword, &c. ; the wife in return prefented )me pieces of arms to the hulband, and tlu^ 'as all the fortune that was demanded oJF h^ ^ Kc Franl^ of Gaul always continued to obferve us cuftom of their German ancefiors till of late mtunes ; the learned abridger of the chrpnolq* icalluftory of France rem^arks, that in the at^^ F St. Peter en Vallee, there (till fubfifts a Carti^- iry or Charter of feven hundred years antiqjqiq^ xording to the judgment of the great critiq aQ4 itiquary M. le Laboureur, wherein is infcrt* i a donation made to that convent by HU* cgarde Countefs of Amiens and widow pf aleran Count of Vexin ; by v;hich inftium,qi^^ lis hdy declares, that (he gives and beftows (9 iC faid abby pf St. Peter an Alleu or Allodi^ ropcrty in land, which (he had received as a mar- ige portion from her lord and hu(band accprcj- gto the ufage pf the Salic law, which, fay^ Ihe^ liges hufbands to portion their wives. This happy cullom of purch^fing wives by is^ing them and their parents \^itli a fortune
fuiuble
i6i DISSERTATIONS ON THI
f
fukable to their ranks or birth^ was general in the ' primitive times, and much more antient than the ' Germans of the age of Tacitus. The hufbands who were notable to givetheaccuftoroed fortuneor prefentSf were obliged to purchafe them by fome oth^ valuable confideration. Thus Jacob agreed to ferve Laban for feven years, on condition of enjoying Rachel as his wife at the end of that t^rm ; Shechem and his father HanK>r king of the Shechemites, far from requiring any marriage portion with Dinah, or taking advantage of her liaving been dilhonoured, offered her father Jacob and his fons, whatever marriage portion . and gifts they would be pleafed to demand for her; and what plainly (hews, that the cuftom Svas univerfal in thofe days throughout the Eaftem nations, Shechenni generoufly propofesto Dinah's father and brothers, that they may augment or r&ther multiply (for fo the Hebrew text and thtt t>f the Septuagint literally exprefs it) the mar- riage portion and gifts that were ufually given by fuch hufbands to their wives ; for the fortune that ^hechem underfiood and offered to be multiplied at hisexpence, could be no other than that whidi was cufiomary to be given by hufbands of Us rank ; which is very evident from this drcum- ftance, that Jacob and his Tons, far from having previoufly mentioned or demanded any particular marriage portion for Dinah, were rather pofitively reludtant to her marriage with that Prince, not- withftanding her misfortune.
Now I have only to proceed to an explication of the manner, in which the male-gavel or parti*
tion
^
WS OF THE ANTIENT IRISH. t6j
landed properties was made between the bdrs male among the old Irifh ; and alfo f^ how univerial that ancient and equitable I was in the Celtic nations and others^ ac- ; to all the lights we can coUedt from an- iftory. To fpeak properly of the manner Irifli gavel I mull firft obferve^ that there wo forts of gavels pradiifed among them : t was that, by which the father's landed was divided among all lus male children, by himfelf in his old age, or by the chief tribe, in cafe the father had died inteftate. manner of the gavel or divifion nuule by the wasaccording to the rule of ezaA equality ^ without any difference in fiivour of the fon during the father's life : but, after the B death, the equal (hare which he had re- to himfelf, and which comprehended the at houfe of the family with its demefnes, the eldeit fon, who enjoyed it as a fecond 1, conjointly wi.th his firft equal (bare, ac- g to the primitive maxim obferved by the 'chs, who allowed a double portion of the ance to the eldeft fon, together with the K)od and the regal dignity, Vid. Roberti mi notas ad Gen. cap. xlix. v. 3, 4. The rule of equality of (hares was obferved in. rifion when it was made by the chief of the Without any other difference than that the (aid patriarchal maxim allowed in fa-, >f the eldeft fon. Of this fort of gavel or in of the father's lands between his fons, 1 manufcript now in my poffeflion, furni(hes
a very
^ DISSBRTATIONS O^THE
a yttvj exad pattern in a partttion, which Dono|^ O'Brien fon o£ Brien-duff, fon of Connor king of Tfaomond, arui firft founder of the family of Garrigogiaio^ made of all his lands between hit eleven fons towards the end of the XVth een* tnry ; in which partition an equal number of ptow*laods, all made equal in themfehres, and whofe nanitt are all fet down in my fatd manu- fcripi, is given to each fon : but the matifion l)ou(e and demefne of Canigo^niol, which the iaid Doiiogh refierved to himfolf was reverfiUe to the eldcfi Ic^n with th^ dignity of Lord and Chief of the family.
Of the other kind of gaveU which is a gener^ divifion or repartition of all the lands belonging ta a whole tribe or family confiding of feveraf branches, a repartition which became necefl^ from lime to time through the decay or eytindioir of (bme branches or particular families, my oU manufcrtpt contains two different examples, bottr regarding O'Briens of differe^it houfes; theonCi which is the moft fingular, and at the fame time the moft difintercfted and geqerous gavel tbtt could ber imagined, was made in the XlVth centu- ry, by Conor More O'Brien, chief of the Cuaoagb fimoily, who divided that country in the firfl pke into three equal parts, between himfelf, and two other families of the fame Cuanagh flock, to whidi he was but remotely related, vie. the family and branehes of Palace, flrc.defcended from Morrog^ og of the one part, and thofe of Brien Roe ot Battydog^, Sec. of the other. In the next pbtct
he fubcUvides fhe one half of al| 1^ pwn Aare ^^
tfaiffre
.Airs OF THE ANTlBKTltRiaH. «ds
^ fan of €uaaag)i betweea hi$^ coufio-ger- nt Turlogfi audi Mahon, fona of Tiq;e-m^ M^mc^ mho. waa hia fatber'a ddcr brodier : id itlea after tfaia fubdivifion^ he divklea aa yat [that lemaiacd to bim into fix equal p«Ai IRCcefi bimfetf and hia five biocherav whereof M^waa a natural fbn, reicrving colj fome chief
vH from hia faid hrathers; and yet the fobdivifioii m carried ftill f urther^ for he now dtvidea hia m &Mth part into three equal fkarea between faai pee fooa, Mortogh, Turlogh and Conor-og. In the Ana branch a fftvti waa made in the Vifa century by Turlogh O^firien of iirni ftle, the eighth diie6t defoeadant from Brian Utdk Juog of Thomood i who divided ha witry between hia four fona, Afertog^^ Turto^^ 'iaga and Morrpgh : my manufcript contains an mpfe detail and enumeration of all the landa andl pMei afligned to each of thefe four Tons : and : iacqmfiily obTerved in the famepbce, that tfaia raa Ae third gavel or partition, thut'had been* Bide of the country of Arra, fince the time of likn RuacBi^a grandfon, by name Brien fon of Donald, who waa the firft of this branch, tha^ iMried in the country of Arm, after bis defeat it ho iMltle of Difin O X>ea in the county of Clare, B the year 131 8, by which event, he and his fa- rily were difpoflfefTed of their pretenfions and. del of kinga of Thomond, and reduced to the irrowcr limits of the faid country of *Arra. Vide afthfeim Thoirdhcalbhaig, or th? hiftory of the ai9 of ThonKHid, by John Magraths
The
366 DISSERTATFONS ON THE
The Englifli, Wdlh, Norman, and Fren^ adventurers, who fettled in Ireland in the Xlfii century, and their refpeAive defeendants of the firft rank, fuph as the Fitz-Geralds, dieBurbi the Barrys, &c. were all as obfervant of the gavelling cuflom as the old Irilh : but it feeou they did not always obferve the old rule of equa- lity of (hares as above defcribed, in dividing thdr landed eftates among their male children. My manufcript records a gavel which Walter Bark baron of Caftle-Connuing, now called Caftfe- Connel near limerick, third direA dcfcendant from Richard Burk earl of Ulfter, made of hii eftate of Caflfe-Connuing bciween his three fons, Richard, Edmund and Tobias ; to Richard bis ddeft fon he gave twenty plow-lands ; his fecond ion Edmund enjoyed but eight plow-lands ; and Tobias his third fon had feven plow-lands, where* of Brittas was one, which place gave the title qf lord baron of Brittas to one of his defcendants ^ it would feem by this gavel, that an cquaUty of fhares was not obferved even between the feoood and third fons, and that the eldeft had more than a double (hare of the inheritance : yet we know for certain, that the Anglo-Saxons and WeUh divided in equal (hares the father's landed pro- perties between all his fons, which hath been ob- ferved by different Engli(h writers; Mr. Carte, in particular, obferves it in his hifiory of Eng- land, vol. I. p. 365, where he alfo very juftly remarks that fuch an equal divi(ion of the fitther*8 lands among his male children according to the Roman law, was obferved by the Saxons rather as
an
^
LAWS OF THE ANTIENT IRISH.
ancient cuftom common to all the Celtic na-
18, Britons^ Gauk, Germans^ fire, than as a
any way borrowed or derived to them from
Ronums. In effedt all the Germanic or Ten*
nations obferved that ancient cuftom, as
rs by the old Latin axiom exprefled in the
cited diftich, from which it is likewife
intelligibfe, that the divifion was made by
_ equal (hares to each fon, as the words,
fpotens yttafintt^ naturally imply and fufficiently
^^^iprefsan equality of fortune and power between
^ arfl the fons. Every reader of hiftory knows, tha^
the Franks, who were a Germanic nation, or
Dat her a confederated body of feveral nations or
tribes of Germans, obferved the fame gavelling
Giifioro according to an exadt equality of ftiares.
T^hus the' four fons of Clovis or Clodovic, the
founder of the French monarchy as it was after*
^Kfards called, divided between them their father's
dominions in (hares exadtly eqtial accorditig to
Gregory of Tours and Agathias, whofe words are
^ted in the margin J. And when two of thefc
^cur fons had moft inhumanly murdered their
brother Godomir's two fons, in vindication as I
always apprehended of the law of fenior fuc-
ceffion, becaufe they had been informed that their
mother
X Defundo igitur Clodoveo Rege» quatuor filii ejus, id «ft, Theodoricus, Clodomeris, Childebertus, atqae Clott- clurius regnum ejus accipiunt, atque inter fe a^ui lance din'dunt. Greg. Tur. Hid. lib. 3. cap. i.
Childebertus quidem et Lotharius, praeterea vero Theo- dortcus et Clotomerus germani fratres fuerant» hi mortuo patre Clotoveo in quatuor partes Regnum partiti fecundum Bfbes et populos, ita ut atquas finguli partes acciperent. Agathias de rebus Juftiniani, lib. i.
motboi ClptUda was reiblved to enthrooc thofe two young boys, her eraodfoi^ in their, fatho*! Kingdom i the diree mrviving brothers dlivided the kingdom of the deceafed ClodomK lA. three equal part$ between (ho9i^ or ra^ther reqewf d and Gopfirnnqd thft partition, which they had miade of it before the perpetration of the faid horrid mar* der^ and i/p^mediateiy %fter the faid ClodoQuc*! deaths acQoiiding ta tibe j^ujihor of the receot ^ooptogK^a) ahridgipent of the hiAvy o( France, at the year 535, See alfo Abb6 Djojboi Etajbif. de h Monarchic France, vol. iii. p. 490^ ^. Thus alfo the two furviving Tons of Ct9vi8, Clodprairus and Clotafius, and their nephpw Th^ •debertus, fpn of Thodpric, divide4 equaUy-be- tweien them the whole Kingdom of J^Mi'guody «fler the defeat and death of its king Gondemiri an. 534, In a word, tl^ fame cufto^n of gavd* IJAg the dominion^ of the French crown,^ ia well Known tQ have been oonflantly obferved amoog the male offspring of the royal farnily, dunq^ the firft and fecond race of the kings of France
Now to give fmther proofs of the antiquity of t)itt cuilom of male-gavel kind, as it hath been now explained, and (hew at the faizie time how univerfal, or at leaft how common to varioai ancient nations it has been in all times, till witUo a few ages before our own days ; to what I hive already remarked of its having been obferved I9 the old patriarchs of the race of Sheni, I (ballKid in the fiiil place, that Lycurgus whofe wi(doiq in inftit^iting his laws, without doubt, was imprcyved and condudked by the example of other iMtiooi^
enfprced
t^ 0*THfi ANtlENftklSH. a^
ed the Tame tixftotn in the Lsoedsroonuiti by dividing all (he lands of Laconia into thoufand equal (hares, and thofe of Sparta ine thoufand, among fo many different fa* ; (b that each and every family were ail of [MToperty and power, agreeable to the fpirit Gertnan maxim above-cited, ne potcKs utU From the Lacedfttmonians doubtlefsit was^ le Romans borrowed the fame law of dt- ; the patrimonial eftate in lands among all ate diildren, together with the other laws oJF ii^elve tablies. And as to the Gauls and ^ that they alfo 6bferved the fame cuftom tittMl, I think may very rationally be in- from the practice of the Britons or Welfli, being their defcendants, muft have derived niftom from them, which they always fol- l tiHthc 34th and 35ih year of Henry VIII, hm itbolilhed that ancient law of the Britons, nkAed that all the lands in Wales (hould be (idflibie to the direft heir alone, according to >tirfe of the modern common law of £ng-
lis general proof of the obfervance of the
ling cuftom by the ancient Gieiuls and Celts,
inded upon the pradtice of their defcendants
tiritons, is diredtiy and exprefsly confirmed
rcgory of Tours, who upon mentioning an
of Childebert, the fecofid foa of Sigibevt
of Auftrafia, in the year ^75, ot)fervts tbitt
ded to facilitate the collefting of the regal
or fifcal revenues, as they were aooiently^vf-
upon the difTertot denominatiofiB 6f hmdl.
270 - DISSERTATIONS ON THE
h.
by removing the difficulties and delays limfp attended fuch colledions^ all arifing fioo divifions and fubdivifions that had been between the male coheirs of the fingje properties, upon which the particular reff funfis recorded in the rolls of the Imperial were primitively aflefled and levied I ; this s evident proof of the mate gavelling cuftom anciently obferved among the Gauls ; and u the Franks, there is no doubt of its tuiviog bm] followed by them at all times, as it was by il Ik other German nations, and even by their )am with regard to the dominions of the crown. I biie{ already remarked, that the Anglo^xon8slwi]i| fcrupuloufly obferved it in common with all ds people of their mother country : and our modn Englifii writers take notice, that it is ftillretilDed in full force in the greateft part of Kent, mi in other places of lefs note, fuch as Urchenfidi in Herefcrdihire. Now the reader is to judge if I have faid enough in vindication of this dd ci' totn to give fufficient confufion to our good Englifli lawyer Sir John Davis, who takes b much pains to reprefent it as a barbarous toi pernidous cuftom, and feems to think, as if it
ad been peculiar to the old Irifh alone.
BdioR
•
% Muhum enim jam eiadores hujus tribnti Ipoliadaui CO quod per longam tempus et foccedentium genentioia et divifis in multas partes ipfis poflefiiombus colligi ra pt- terait hoc trtbuctifn, quod hie Deo infpiraote ita |n«ccpk emendart, ut quod fuper hcc fifco deberentory nee cxafio* rem damna percuterent, nee cultorem tarditas aliqia de officio rcTOcaret. Greg. Tur. Hift. lib. lo. cap. 7.
Il
LAWS OF THE ANTIENT IRISH. a?!
I, Before I have done with this fubjeft I muft
k concerning the above Irilh gaveU, firft,
the Seniors or Chiefs of families generally
ed the natural and equitable rule of exa£k
ity in the (hares or partitions they made be*
the males of each family : of which we fee
perfed^ examples in the preceding gavels of
anil Carrigoginniol ; fecond, that the
Hitoral fons had their dqual (hares, as well asthofc
ho were born in lawful wedlock ; a maxim,
^■rliicb was likewife obferved by the Franks, inaf-
iMiuch as Tbeodoric or Thiery the eldeft fon of
''^lovis had an equal (hare of the regal dominions
'With the reft of bis brothers, though it is allowed
^hat his mother was only a concubine ; a drcum-
fktnoe wluch proves that this cuftom was grounded
Upon the patriarchal and primitive law of nature,
wldA derived from an origin of a more ancient
«ftsbli(hment than the laws of Chriftian princes,
'Iby which baftards are excluded from sU landed
lidieritance. Agreeablyto the primitive law Jacob's
• dnldren by the handmaids of his wives Leah and
fiichd, are ranked amongft the heads of the
twelve tribes of Ifrael upon a level with the
diildrea of his faid wives folemnly married ; and
their defoendants enjoyed their (hares of the
land of promife, as well as thofe of the other
chiklren of that patriarch ; third, it is remark-
Mt^ that it was generally the fenior or eldeft of
die fiimily, and not the diredt heir in lineal defcent
from the common ftock, who was qualified to
make tMs equal divi(ion between the males of his
family. Of this we fee a ftrong inftanoe in the
above
a7» DISSERTATIONS ON TH
ibatt Cuaniagh gavtl, whidi is made b^ fAott O'Brien, whofe coulin gentian Turl dF Teige*aTi<^omhraic, was the dtreft lie Tcigc bcmg the elder brother oF Mortc father of Conor More, who, notwithftandi the right of fenibrtty was then the diief family, ^nd folely qualified to make the fourth, it is fpeciaBy to be obreryed,that i ' this chief or fenior ittnts faimfelf in the ps to a bare equality of (hare with every othc rf'the family ; yet he refervesthe diief pi d[ the eftate, as vefted in himfelf durhig I by fubjefting the other (hares to a chic which, though very light and inconfiderabli notwithflanding, a fuffictent proof and n their being dependent of him, as princip priiitor . In a word , the equality t)f Shares I a viery real community of gpods ^nd nee fSf life between the different members of tnily ; and the re(erve of fome mark o rent, both fecured the refpdSt due to the and declared the abfolute property of the fubftance and eftate to be vefted in him and hence it is evident, that what Strabo to another great ancient nation (of whici after) was €8 naturally and properly ap] to the Iri(h in former times. Hi omnia pc lias communia habent, fed is imperat etr^ ipti fenior eft. Strabo de Iberis Afiaticis. It is finally to be obferved, that as the ©f chief rent upon the gavelled lands, nc eftablUhed the fway and influence of the i Jiead of the family over all the members
LAWS OFTHl ANTIENT IRISH. t^S
Elbe, and !ikevife fecurcd ft reverfion of the f j!!
Kopeny and pofiTd&ois of the fakl gard Lands un-
KD the faid diirf, when ibe adual teninrs either
Corfrited, or d^rd viifaDui sfbe ; fo this ascent
givelEng caftozn of cur remote acceftors, was
tiot, and could not in thole da\ s, be attended
mh any confcquences, &s defirudive cf *che fplen*
^urof a famiiv, as ii mull be in our da\s. In
indent times, the dignity cfa chief and members
of a family, did not depend upon pecuniary re*
Venues, but cocfided, u idi regard to the chief,
in his influence ard povrer over a nun^acus tribet
in tlie quantity and afBuence of their lupplies of
provifion of all forts to fupport his houlbold, and
in the number of Hghting men they could fumilh
him to yindicate his right, or his quarrels with
lijs netghboaring lords ; and with regard to the
Iplendour of the tribe in general, it confided in
their numbers, as well as in their capacity and
means of fumifliing their family-chief with thops
different fupplies.
In a wt>rd, the gavel-kind cullom, as it was obferved by our anccftors, whether Irifti, Britifh, Anglo-Saxon, or Franco-Normans, was in their times perfefUy recoiicileable with all the natural exigencies of the Hate and dignity of any chief* tain, were he even a fovereign prince ; and why not ? fince it was manifeftly grounded upon the law of nature and reafon, the law of diftributivf juftice and equity ; and adapted to times and ctrcumftances of political government, in which it could not be produdtive of any confequcncei prejudicial to either public or private oeconomy ;'
T it
174 DISSERTATIONS ON THE
it fecured at the fame time their refpedkive birti^. rights not only to the eldeft, but alfo to tV^ younger brothers or members of the family, f^ from ever qualifying the younger in any caiviai djrcumfiance, to deprive the fir ft bom of the i^. tural rights and privileges attached to Us HiM. rank.
SECT. II.
Of tbe ToHf/lry'IaWj or J'amJUc manner of fucceffion
among tbe ancient Irijb.
1 ANISTRY, among the Iri(h of very old dat< was a law of fucceffion, whether to regal powi or any princely dignity, to which landed propec — ty was annexed ; whereby, according to its pii. - mitive nature and inftitution, the oldeft mL^ among the near kinfmen of the laft ruling princ^^ (legally fucceeding) and of the fame name \ flock, was conftitutionally to fucceed him by right of feniority, unlefsfome natural or acdden. t^ infirmity had rendered him manifeftly ioc^ pableof governing. I have faid, accordii^U its primitive nature and inftitution, becaufe I in Well convinced, and it appears but too abundant — ly by all our hiftorical accounts, that with r^^ to the general obfervance of that law, in procefe bf time, the jealoufies of amUtious princes of tbe fame blood whofe fucceffion was occafionallj tx>ftponed, have frequently raifed faftions and parties in the ftate, whereby tumultuous eleftions and illegal inaugurations were gradually intro- j : duced.
N
WS OF THE ANTIENT IRISH. 275
and the fenior prince, or chief, fome- lid afide, if not worfe ufed, in prejudice of ttof feniority, which made him the natu- ^hereditary and the conllitutional heir and )r.
:hat the original intent and ihfiitution of te law of regal fucceilion, was fuch as I iw explained it ; and that no eledtion did ft\y interfere, nor could naturally be in- to interfere in a fucceffion, which was out by the very courfe of nature, until unnaturally introduced by ufurpation and ^ that fuch I fay was the real primitive in- Q and pradice of this law, I hope the im* reader will not judge me ill-grounded to when I have laid before him, not only the r of other ancient and flourifhing nations, lituted and obferved a parallel law of re^ effion, by the fole right of feniority and vithout the leaft intcrventionof an elc^ion ; other plain arguments grounded upon the lature, and the reafon of things, as well the principles of found politics, time, as to the origin of the word Ta- . l)y which Englilh writers have exprefled 1 law of fovereign fucceffion, it is to be 1, that Sir James Ware thinks it derived 5 Saxon Thanes, who were officers of fu- ank among the Anglo-Saxons. It was ore natural to have derived it from the rd Tanaifte, which was the diftinguifliing tve and title of the fenior and prefumptive ' in every princely family. But to under-
T 2 ftaod
h^i blSSERTATIOKS ON THE
ftahd the true drigiYi of the derivative word Ti- hiftry, that of its immediate root Tanaifib anil certainly be invefiigated and explained. To d^ rive this honourable word Tanaifte, as Mr. OTlaherty does, from the Irilh name of the an- nular finger, called meur tanaifte, feems to be the fame as deriving it from its very derivative, which would be fuch a hy fteron-proteron, as d^ riving the caufe from its own effeft ; it may fem much more natural to think that fuch an objed fls a finger (hould rather borrow its diftindiTe name from the word which exprefled the title and quality of the fecond perfonage of the whole flale; becaufe as the Taniil was the next in rank and power, as well as in right of fucceffion to the reigning prince, fo the annular finger is the not in tee and place to the middle finger.
But whether the Iriih perfonages called Ta- nifb derived their name from the vulgar appdk- tive of the annular finger, or rather, vice verfi, we are fiill to feek for the original meaning of the word Tanift, and confequently that of its deri- vative Taniftry ; a literary kind of difquifition i ihould be ill difpofed to trouble the reader or myfelf with, but that I think it may be of foine ufe towards difcovering the origin and antiquity, as well as the nature and extent of the power and privileges which were veiled in the ancient Ta- nills.
If Mr. OTlaherty, who appears indeed to have been well fldlled in the Irilh language, had taken notice of the old Irilh or Celto-Ibemian 'word T&n or T&in, and its meaning, he might
cafily
WS OF THE ANTI?5J'if I&I^H. 277
cafil>r ^^^ perceived it to be the natural and i^cnr t\c root of the word Tanaiile or Taii^. This radi^^l word Tan is to be feea in our ancient Icifli maivvifcripts (0), fignifying a region, country, or pravil^ce ; as alfo its derivative Tl^nas Q^), domi- nion 9 fovcreignty, governipc^t, &c.fron[i which root the word Tanaifte is plainly anc| natur^Uj derived, to exprefs the quality of the-perfon who is veiled with that fovereign power and govcrnt mcnt over fuch a region or province ; fo that tltia word Tanaifte figniBcd in the Gehic language nearly the fame thing as Dynafta did ia tte Greek. And if the Greek word Dunaflfts^ was not formed upon the Celtic word Tanaifte, and derived from the fame root Tan or Taia (the \ettersT and D being naturally comra^table, and formerly ufed indificrently in feveral languages) I (hould think it not more naturally derivable a from the verb dunamai, fo as to fignify literally ? 1 potentate, than from dun, another Celtic wor^^ which fignified a fortifitrd town, that was the centre and capital of a fingle nation or tribe^ of people. And this derivation may feeiq the more oattiral, not only as Dunaftet was not meant by the Greeks to fignify a powerful king orrdonareb, but alfo any potentate, as in ancient times, evenry town and tribe had a particular king or fc^erogh. Of this we liave many inftances in the f«<x>n4 boeli: of Homer's Iliad ; and that this cuftom was uni-
verfal
(•) Amon^ft other old manufcripts» the .fmcientfepgra* plucal poem of Mac Pes^rguH, beamninff wiui tie' wofosj Taillc. fcafa ar Eirinn Oijr, &c: ' ^
(fi) Vid. Lhuyd's DiAionkry, a( ihc Word T> ^irhicb he explains by Tanaiftcas.
278 DISSERTATIONS ONTHE
verfal in the primitive times, particularly among the Afiatics as well as the Greeks, we have fuf- ficient grounds to conclude from the facred hifio- ry of Jofhua's conquefts in the land of Canaan, where every city had its own king, as is parti- cularly fet forth in Jofli. c. lo. 1 1 . 1 2. where we fee Bp mukttude of thofe kings enumerated toge- ther with their refpcftive cities or kingdoms. Nor am I far from being inclined to think, tint the word Tyrannus, for which the Lexicon-writ- ers a0ign no theme or root, may have had it Id the Celtic, particularly in the word Tir, which irr tht -Celto-Ibernian language (ignifies a buge country or tradt of land, comprehending fevenl towns, regioris and diftrids ; fo that Tyrannus was the fupreme king or monarch of tlie whole, ' indft:word which was originally taken in a &- vourable fenfe, until the Tanill^ or Dynafts, who were brought under his fway, and could not be reconciled with fubordination, gave that title the odious fenfe of a tyrant and ufurpcr. The Ceko- Ibernian word (y) Tierna or Ticarna, which fig- nifies a fupreme lord or king, and is derived from the radical word Tir-land, Lat. terra, Hifp. tierra, is ftill taken in a favourable fenfe in the Iri(h language, nay, is fo far from having any thing odious in its fignification, that they exprefs the fupreme Lord God by the words Tierna Dia.
f
It
ff) The Irifli poets have pat «n tfpirtted g into this word at the end of the firft fjllable for the fake of fband and rhyme, as the French hare in the word Seinenr, which is now written Seigneur.
LAWS OP THE ANTIENT IRI»H. tif
It muftnot be omitted that it was plainly updn is Celtic word Tan that the Greeks formed eir Tlmia, in thefe national names Mauritania^ ufitania, Turditania^ Aquitania, Brittania, fig- ifying refpeftively the country of the Mauri^ of be Lufi, of the Turdi or Turduli, of the Aqua* ici, or Armories, of the Britts or painted people^ ^bden obferves very juftly, that Tania figni* ieda r^on or country according to the gloffiuies* mt ieems plainly to take it for a genuine Greek rord, in which I can't but think he was miflaken. ^or can thofe conje£tures concerning the origin )f thefe national names ending in Tania, and of he words Dynafta and Tyrannus, be efteemed nerely prefumptive, fmce it is undeniable that lumbers of Greek words h^ve their origin in the ^c and other foreign languages. Plato in his ^lus obferves that the Greek word Cuon, a logor hound, plur. Cunes (in Iri(h Cu, and plur« ^aio, Coin, and Cain, Lat. Canes) and many thers, fuch as Pur fire (Ir. Ur.) Hudor water (Ir. Hnr.) were derived from the Phrygians, of whom tnibo, lib. 7. p. 540, fays, that they were ori- inally Thraciaiis, and thefe were anciently of le Celtic nations. See preface to the IbenuhOhic ammar latehf publijbed.
But however it may be with the words Dynafta id Tyrannus, as to their origin, I can't buEt ink with fome (hare of confidence, that the ord Tanaifte or Tanift, is very plainly and na- irally derived from the Celto-Ibernian root T&n Tain, a region or country, and primirivcly unified a fovereign governor or )>rince of a region
or
28o DISSERTATIONS oiH THE
m province. That the Tgniftical power wu O^iffdally rpv^gn in the ipoft extenfive (bile* vntil the T«niit became fubordinate ta tfao Tierna^ the fuprcme lord or king^ l think imj naturally be inferred from the righta and privi- ties th» Tapifts. retained as inherent in them* ftlvoa, even after their fubordination. Our M^ torians iofarxQ us^ that the Tanift was by fpe- (ual right not only ciiief commander or genera) of Ihe army, but alfo chief judge, of the whole ftatf or kingdom.
Of thofe privileges regarding the judicial 8S well as the military power claimed by the Tt- liifts, the moll expreffive account I find in Uilh Uftory, is in tlie reign of OUiol-olum king of Munfter, towards the beginning of the third oeo- tnry according to our chronologifts, and thoog^ this is, I think, the earlieil explication of this matter furnilhed by hiftorians, yet lam pcrfaad- cd the eftabliihment of Tanifts and Tanifiid euftoms among the Irifb, has been of an earlier date, and coeval with the firft Celtic or CeIt'Ib^ rian colonies, that fettled in this kingdom. In the account of 011iol*olum's reign, *tis obferved, onoccafx>n of his having exiled Mac Con, adefr cendant of Ithius fon of ]&reogan, that in thofe days the princes of the Ithian family claimed an alternate fucceiTion withriiofe of the Iberian race, of which Olliol'olum was then the chief | and diat when a prince of the latter branch \^as in pofleffion of the throne, an Ithian claimed a right to be Tanift and chief judge of the kingdom ; in confeqqence of which pretention it is iaid that Mac Con aiTumed the rank of Tanift, with its
annexed
LAWS OF THE ANTIENT IRISH. oti
QKQcxed right of judicature, under OUiol-olum ; Dd that he was poflcfled at the fame time of the kief miUtaiy command, appears very plainly fm what biftorians alledge as the caufe of btf KoUhment ; they inform us, that OUiol-olQtn'<6 Botivc for bringing this ambitious Tanift to coi>- ign puni(bment, was a difcovery be had made his having abufed the influence and military Kwer he was entrufted with, in favouring ttie Qbition and evil defigns of Nemeadb or Nc- cthus fon of Srabhthine an Eamian prince, who id murdered Conaire the chief king of the North loiety of Ireland, and now had a view to fucceed im on that throne in prejudice of faid Conaire'a Nis» who were half brothers to Olliol-olum'^i hiUren ; and to remark it by the bye, this king ( Munfter was the more interefied in fupprefling nd puniihing this confpiracy, as it was but too ^n, that Mac Con's view and expe£tation from he iiliie of it was to fecure his fucceflion to the ^domonian throne by the afUftance of Nemetbus, D prejudice of the rightful heir of Olliol-olum. 2ut the confederacy was happily diflblved by the igaal vi£^ory gained by the king and his Tons and ]iofe of Conaire, at the battle of Fenabhra, over lie combined forces of Nemetbus and Mac Con, irbere the former loft his life, and the latter, wv vounded and expelled the kingdom ; from the ircumflances that gave occafion to this battle, nd Mac Con having had influence enough tp iduce and command a part of the Munfter fof- » againft the chief fovereign and his, it appears cry plainly that this Tanift was pofleffed of the
right
thine king of the North moiety of Irelan< the end of the third century, that this k ed his fon Muireach Tireach with the < bfcmg chief commander of the army in < his prefumptive heir and fucceflbr ; and larly for this reafon, that in thofe days never expofed himfelf at the head of I his life being of fuch importance as not zarded upon the iffue of a battle. Fron torical accounjt it appears, that the T\ prefumptive fucceflbrs to the throne poflefled of ttie right of chief military cc but by another hiftorical fadl, very aut! recorded, we find that they preferved i even as late as the end of the eleventh and the beginning of the twelfth. To\ year 1096, Dermod O^Brien, brother a wards fucceflbr of Mortogh O'Brien k Irehuid, fubfcribes to the eledion of Mai bifhop of Waterford in the following i Dtrmod Dux frater Regis fubfcripfi ; charge of chief commander of the arm;
LAWS OF THE ANTIENT IRISH. 2S3
fSkd by them in the third century ; yet I find no made of any particular inftance or hSt^ 'Which it may appear that they continued in poflfeffion and ezercife of the faid right after epoch, notwithftanding die now cited proofs ,^ if having poffifled that of the military com* nd (b late as the twelfth century : firom tUs llioe of the hiftorians with r^^rd to any judi- ■y power being exercifed by the Irifh Tanifts fer die third century, I think I may probably ifer, that the Irilb fovereigns have been much 'Serthan thofe of the Anglo-Saxons in depriv- S the Tanifts of fo dangerous a power. In a £ngli(h hiftory we find, that the Anglo-Saxon aanes or Tanifts, who were then chief gover- kBof provinces, preferved and exercifed theju- aiary power, as well as the military command til about the year 896 ; when king Alfred's M deprived them of all civil jurifdidtion. As r the Irifli princes we are the better grounded to ink, that they aboliftied the Judiciary power oC |3r Tanifts earlier than the time of Alfred's ks, as we find it frequently mentioned by their brians, before that epoch, that each prince had town particular judge chofen out of an inferior id dependant family, in which that office was leditary, and who had fome landed properties (gned them by their prince for that fervice ; Itas, the Clancies were the hereditary judges of i chief of the O^Briens • the Egans, of that of sMacCarthys, &c.
It is further to be obferved, relatively to the iglo-Saxons, that in the fame manner, as among
the
meant lentors) were tnore very perions tke title of Thanes, and were governors vinces under ihe kings of that nation, the fanoe time with the mihtary comn the dvil jurifdidlion, until king Alfred them of the latter, as I have already d and were in that nnonarch*s time ftili Thanes or Eoldermen indifferently*
Nor Were the Anglo-Saxons the only ( people that alkiwed tbofe rights and prii their feniora \ the Franks, who were di manic nation, or rather a confederated different German nations, held their 6 fenieurs, as. they expreiTed the word, in rank, and vefted them with the very (at and offices both civil and military ; tl may find it well proved by the learned I Valois in his book de Gefti^ Francorum. ter him more minutely and correftly by Abbot Dubos in his excellent hiftorical v^ 4. ch. 5. that among the Franks, under 1 Clovis and his fucceffors of the Merovinj
LAWS OF THE AKTIEMT IRISH. atf
il tight land privilege the lung^ principal m both for the civil adminiftration and the rhilitary command ; and had a great fluue t' the government and direAion of fiate afTaira. k^fb, <hat thofe who were appdnted govemom F^oviftcesorof great towns^ were taken out of Hi vocierable body of feniors, and that the faid Dverhora, who, during the peace, had no con* Hm but the adminillration of juftice and civii ttiirs, bad in time of war the chief military edimand of the forces of their refpedive pro^ ^ncea. And further, that thofe who ferved aa lieir fubahemB in the civil jurifdidtion at home, Iveie the very perfons who adked as their inferior afioers during the campaign ; it is likewife ob* Ebved and proved by the fame authors, that iutong thofe fenieurs of the Franks, fome were filed ardii-^fenieutB, of whom were the higheft ttttceka of the king's court and palace, and ^ chief governors of great provinces; thofe kicfai-fi^taieiiriB were afterwards called mayors <^f fte palace, whereof Clotarios Illd, inftituted one il eadi of the three kingdoms of Auflrafia, Ne- tftrafia and Burgundy, vefted with all civil and ttBlary power : an inftitution which afterwards jptotred fatal to his own family.
Of the fame power and rank with thofe French Hcht^fenieurs and mayors of the palace, was in dl likelihood that chief minifter or general go- vernor, who among the Anglo-Saxons was ftiled be Eolderman fingularly and eminently, and where- f during the heptarchy it feems there was: but ne in each kingdom, as I think may be inferred
from
K^uiiciiaiu aiiu iiia pcupic, put iiicm ai.
fword, and killed himfelf. We fee by tbu that there was fome particular Eoldermac kingdom, who was fiogularly and einin< filled, and that he bad a Thane, whoitfe his lieutenant or fubfenior, in the fame i that the archi-fenieurs of the Franks ha fenieurs as their fubflitutes ; the fame ti pears fiill more dillindtly in the hii * Egbert's wars againft the Mercians, of ^ is related, that after tlie death of ihn Luduan, they raifed to the throne With Eolderman ; but 1 have obferved above, tl Egbert had united all the heptarchy ii kingdom, and the civil power and jurifdi the Thanes bad been aboliflied by Alfrc were called either Eoldermen or Thanes rently. In a word, the archi- fenieurs or of the palace among the Franks, and tl Eoldermen of the Anglo-Saxons, (thofel of whofe rank there was but one in each ki of the heptarchy) were exadlly of the fa
sAWS OF THE ANTIENT IRISH. 287
ior*mory or Mor-mhaor^ among the Albaniaa h or Scots, the word Maor bdng the fame as qfor, and Mor Great, the compound of both ^ying Grand Major^ or High Steward, as (Lowland Scots exprefled it in the Saxon Ian- ige. The Latin writers of Anglo-Saxon affiuri ikd their chief Eolderman, ThaniKegii, which ews that Thane and Eoldermen were words of t fame meaning : and in the (ame fenfe Bucba- in latinizes the title of High Steward of Scot- dp by the word Ab-Thanus ; whence it follows^ at as Eolderman is the fame thing as fenior, (b te Arch-fenbrs or Mayors of the Palace among le Franks; the chief Eolderman of the Anglo- ixons, and the Ab-Thani of the Scots, were all Iks of a parallel nature and fignification. To go on a little further with my enumeration Pdiofe nations, wherein the pre-eminence of ink sad office due to Seniors was held as a facred BUQiDt I (hall add in the firft place, what I think My reafonably be inferred from the following ^ige in Csefar*s commentaries, that the fame li:dm feems to have been common to all the ift of the Germanic nations, as it was to the tenks and Saxons. In Csefar's account of his ipedition againft the Ufipetes and Tenchtheri, \ teUs us, that thofe nations deputed thek Pr^es i Elders to bis camp under pretext of making nr fubmiffions and obtaining favourable terms, c. German! frequcntes omnibus principibus )goribufqite naiu adhitxtis, ad eum in caftra Bcnint, &c. Com. Lib. 4. But in the next ICC to produce rcafonable grounds for con- cluding.
wnicn regards tneir leniors and ttie n refpeft they were held in. As this p article of the cuiioms of that ancient natu fcarcely be fet out in ftronger li^t than which the learned M. de Fleury has deii I (hall here prefent it to the reader in words and meaning, as exa£Uy as I can them from the original, in his exceller intitled M^urs des Ifraelites, art. 24. , ^ The feniors or elders had great t ^ anKMig the Ifraelites^ as they had an ^ other nations of the primitive times. ^ early days of the world, all forts of pei *' trufted with any power or authority , a ^ o( private afFairs, as well as public cc ^ and magiftrates, were chofen from aa ^ feniors or ancients of every tribe or
* hence were formed in Rome, the va
* latives of Setuuus et Patres Cmfcripti^ ^ great council was compofed of old
^ fathers of a venerable age : and hence ^ great veneration, in which old age wa
L/ft.TS OF THE ANTIENT IRISH.
* age* ''^ allowing them all forts of pre- » emi ncBce and authority from a confidencejuftly
* <}ue to their experience, wifdom and equity, t Young people are only fit for movement, exer- ( afe and action, but old age knows how to
* inftruA, to counfei, and to command. Thi I gjafy ^ yout^ ptapk, faya the wife man, FroT.
* AO, 3J). u tieir ftrengtb of bodf ; but the d^ntty « ^ €»Id mm is tbetr grey hairs. It fcarce ever
* bftppcns, that flrength oi underllanding tm'
• proved by ftudy can well fupfrfy the place of ■ experience and knowledge of the world;
* an old man being only endowed with a compe-
* teni fiiare of good natural fenfe, will have ac- . * quired knowledge and learning by experience
' tiaae. Nothing better warranted and arcertaia- - * ed in hiftfvy, than that the beft governed ftate« B ' efcr known Id the world, were thofe wherein r. * ibe fenion or old people had the principal au- X • ibority i and that the reigns of the youngeft
* princea were always the moll unhappy, H^oe B * Ut^tbtlMd^-wbtfi king is But a bofy fays the ; * wife man, Ecdcf. lo. i5- It is this fame woe • * and fceorge that God threat«K the Jews with,
* wheo he tells them by the mouth ^ the pro- ' phet Ifatas, c. 3. 4. That be w^ give- ibein
* ymi^ei&lrm as ibeir princes.
* Am (bon aa the Ifraetites became numerous
* enough to form a body of people, they were
* Kvrerned by their feniors or elders, even before ' * ttmr ddivcry from the Egyptian bondage; ' * when MoTies went to Egypt by the order of
* God, wiib bis airurances oC tKnr fpeedy de-
U • livery,
w ncn uoa mougni proper lo appuiiii cii for Mofes to eafeand aflfift him in go the great multitude of the people of choofe out, fays the Lord, Num. ii. aflemble before me feventy perfonages the old men of Ifrael, and whom you 1 be adually the elders of the people ai governors or fuperintendants, Sec. fliews that the elders were already vefl authority, and in the adual exercife of natural (late of the people of Ifrael an< they received, the law, which formed th a political body \ and ever after througl whole courfe of the fcripture, as often is mention of aifemblies and pabltc affi elders are always named in the firft rai fometimes they alone are mentioned occafions , hence that expreffion in Pf 32, exhorting all perfons to praife Go( aiTembly of the people and in the /effk feniors^ that is to fay, in the great co fenate. Such were the two bodies, c
LAWS OF THE ANTIENT IRISH. 291
words by which ancient perfons were ezprefled
m difierent nations and languages, have pafled
into titles of dignity \ from the Greek word
Preibyteros, is formed the ecclefiaftical title of
prieR, and from the Latin fenior, that of feig*
neur. We may judge of the age required
among the Hebrews to be admitted into the
Fink of feniors by that which thofe favouritetf
of Roboam, whofe counfel he followed, mud
have attained to at the time they were (tiled
young men; ii. Paralip. cap. x- v. 10, n. It
is mentioned on that occafion, that they had
been bred up with Roboam from his infancy^
whence we may fuppoTe them not lefs than
forty years old, which was Roboam's age at
that time/ ii. Paralip. cap. 12. v. 13.
To M. de Fleury*s remark that the Latin
irord fenior has pafled into a title of dignity, fuch
isfdgneur in the French language, in Englifli
^lifying lord, I (hall add that the appellation of
hhr has been at all times and ftill continues to
« the principal title of honour and dignity of
imoft all the kings and fovereign princes of the
•Uropean or Celtic nations \ the Sennor of the
paniards, the Signore of the Italians, the Sire of
)e French, the Sir and Sire of the Engli(h, and
^en the Signior in that (lile of Grand Signior,
|>propriated to the Grand Turk, are all but fo
lany dialectic variations of the word Senior ac-
wding to the different languages of thofe Euro-
an kingdoms-, as to the title of Roy, Rey,
sge, Koning and King, &c« in France, Spain,
ily, Germany, England, &c. refpcikively, it di-
U z reftly
api DISSERTATIONS ON THE
refily regards the office and power of a foverogQi as he is (upreme ruler and con^mander, wbkb ii the literal meaning of that word, however diffir- ently exprefled in diiferent languages : but whip any of thofe fovereigns of Europe are perfooallj addreifed or fpoken to, they are always honoured with the title of Senior, according as that wad is.varioufly uttered in the different dialedts of tk . Eurc^an nations.
I (ball further obferve, that the folc appellative of Senior was ufed not only as a title and ffileof regid honour and dignity, but ferved alfo in fonpcr times to exprefs the very office and power of fovereigns ; fo that the word Senior was particu* larly and flridtly appropriated to mean a fovereip ruler or commander. That this aflertjon is far fioa being deftitute of grounds, I prtfpine may (of - cicntly appear to the reader by the following Mf- torical padages. John de Biclaro hifhop of Gi* rone in Catalonia, relating the aftions of Lcovi- gildus Gothic king of Spain, about the middle of the fourth century, mentions in his chronicki p. 69, that this monarch invaded the hig^ilandsof Arragon, where he vanquiflied and led away imo captivity Afpidius the Senior of that countryi together with his wife and children ; et Afpi<fium terrs Seniorem cum uxeor et filiis captivos dudt, &c» In the adts of a council held under Thtf- fillo duke of Bavaria, in the time of Charlemagoe and towards the middle of the eighth century, it is decreed that all thofe who for the future may be (ent as deputies to the general ailembly, muft give a ftri£^ account of their place of abode^ and
who
LAWSX>F THE ANTIENT IRISH. J93
tho the Seniors are of their refpeftive coontri^, Hbfamt obftri£te queefitum ex quo loco fiiit, et jm fint Seiiiores eoruin. Stephanus Stephanias in bn notes on that place of the tenth book of Saxo- Gnunmaticus where he mentions the Senior of SUandia, cites other hiftorical inftanctts of the Bane nature, and concludes that the word Senior Ggnified in thofe days a fovereign lord or prince, far any perfon who ruled with fupreine power • Seobr eft dominus aut princeps, vel qui alioqutn itimmi cum poteftate prseeft, quemadmbdum Hi* ^niseft in ufu fuum Senor, Italis Stgnore, Galfis Sre, &c .
AgtttMf to .the fame prtmitive and natwal ftie, the ancient Irilh always underftood by tHe Cdtic word Seanoir the fame as the Latins did by the word Senior, which they formed upon the Cehic; and by that of Sinfior, another Celtic wtrd derived from the fame root and nearly fyno- nimooB to Senior, the Irifli meant what the Latins imderftood by Princeps tribus aut nationis ; hence it was, that though the kings of England, after ^rig themfelves the title of Lord of Ireland, iDowed that of King to the chief princes of the Mh nation, fuch as the O'Briens, the O'Neils, the O'Conors and fome others ; yet thofe princes did not hold the title of King in higher efteeih ind honour, than that of Senior, which they un- ferftood to be the fame in meaning and import, t was for this reafon, that, though we find O'Neil tiled king by Henry Illd, in a roll of the 3^th ear of his reign, as is likewife O'Brien fiiled ing of Thomond by the fame Henry m a roll of
(be
Z94 DISSERTATIONS ON THE
the 6th year of his reign, yet 0*Neil in the addrefs of homage he makes to Richard lid, ftiles himfelf by the title of Senior alone, inftead
- of Rex or Princeps in thefe words. Ego Ndanus P*Neil Senhr^ tam pro meipfo, quam pro filiis meis et tota natione mea, et parentelis meis, et pro om- nibus fubditis meis deveni^e ligeus homo ▼eftrr, &c.
Nothing is more natural, or nK>re perfedly agreeing with the maxims of the primitive times,
. than that the fovereign power (hould have been one of the appurtenances of the right of feniority. Sovereignty in its pure nature and original uk among mankind has made its firft appearance in the world in the perfons of Seniors. The pa- ternal authority of fathers of families, over their children and bond-fervants, was the very firft form of fovereign government : as it neceffarily mud have been in the infancy of the poft-diluviaa world. This domeilic fovereignty of fathers or heads of private families continued long after the primitive times in feveral rutions, even under political governments, whether monarchical or re- publican ; an abfoiute power of life and death over their children and flaves being then vefted in all fathers of families. So it was under the Roman government both republican and Imperial, and fo in Greece, with this difference of the lat- ter with regard to Athens in particular, that there indeed the fathers could not immediately have ordered capital panifhment relatively to ilicir children, though they might as to their flaves,
but
^
L AW^VF THE ANTIENT IRISH. 29s
t muft have previoufly proved them difobe- ent and inconigible before the fenate or public dges. The fame re(lri£kion was put to the ab- lute authority of fathers with regard to their laldren amongft the Ifiraelites, after their political loorporation and Theocratic government accord^^ igtothe laws of Mofes*. And in thofe earlj^'ys if the poft-diluvian world, while the children of * «ch particular father of a family kept together n one body or fociety, the firft born (on enjoyed ay natural right not only the regal pre-eminence ind power^ but alfo the facerdotal dignity and iunttony together with a double portion of the fiitber*8 fubftance and inheritance. Thus the fcep- ^f together with the pontificate, and a double hnt of the land of promife, would have belonged t> Ruben theeldeft fon of Jacob had he not for- ^ted that threefold right by his unnatural crime >f having defiled his father's bed ; his double )Qrtion of the inheritance was given to Jofeph : uevi had his prieilhood, and his right of fove* reignty was veiled in Juda.
OF this triple right belonging to feniority in tlie perfons of the firft born fons, and of chief feniora >f regal lines, we find fcvcral plain veftigcs in the rery Pagan antiquities. Virgil's Anius was king 3f Argos and prieft of Phsebusat the fame time. Rex Anius, Rex idem hominum Thaebique Sacer* dos. -fincid. 9. Mercurius Trifmegiftus or ter maximus, was fo called (according to Alexander ab Alex, in lib. dierum genialium) becaufe he was
a great
• Vid. fltUTj Mocurt des Uraelt cap. 28.
296 pISSERTjjLTlONS OlJ^HB
t.great philofopher^ a gi^t king, and (irieft 4 at once. The Roman tnnperors were ^ ti^ priefts or pontifices maximi ; and that the ib* fcendants of Juda, to whom the regal dignity «• transferred upon the forfeiture of Ruben, neitr^ lofi fight of that maxim of the primitive tiBMi according to which the priefthood aad the icgri vpo WCT were enjoyed both at once by one. and tht fame (enior or firft bom, appears id fiam h& fm the hiftory of the Afmonean race, or the Mr chahees, amongft whom Johannes, Simon, and Johannes Hircanus exercifed both the foveragn power, and the charges of the pontificate ; sod their example was followed eve^ by (uch of their fucceifors, as had been crowned kings, ii i^riftobolus and Alexander Janneus. In Irehad ftveral kings were alfo bifliops of the Chriffiaa church, particularly Cormac Mac Cuillionan vbo tasking of Munller, andbithopof Cathelatthe end of the ninth century and beginning of the tenth : and before him Olcobhar who died in 851, and Ceanfhaola or Cinfeledh who died in 87^ were both bilhops of Emly and kings of Mun- fter. The ecclefiaflic eledors and other fovereigns who are bifhops in the German empire, are ftiil in our own days an inftance of the fame ancicat maxim «
As to the fovercign or regal authority takea fingly in itfelf, it is very plain by what has been already obfervcd, that in the primitive (late of mankind it was both natural and neccflar)/ to con- fider it as one of the branches of the right of fenlwity ; and accordingly we have remarked,
that
.AV>^F THE ANTLENT IRISH. 097
ximeuiffi power vras primitiv^y enjoyed hy ioffs alone m their inherent right. The fame lam muft have continued to be held facred u^ the firft ages of the world, and before the at multipitcadon of mankind i and when the bcrity of Noah's three fons became numerous »flgh to fpread out into different tr'rbes, at their wai feparation and difperlion throughout the ildy thai forming themielves into differeBt Mr u and political focieties ; the chief regal dig** yerfopreme power (before the introduction tyranny, and while the principles of the Jaw nature were kept in view) muft naturalW vc been veiled in the chief fenior of that bramA fiuDiiy which formed the diredt line, as de* odiiig from the eldeft (on of the common flock, 1 £rft father of each feparated tribe. As to : direct hereditary fuccelfion of regal power cn<&ther to fon» which has been eilabliihed in r pofterity of David in the tribe of Juda^ it sib ordained in confequence of the defigns of ividence with regard to the temporal defcez^ Chrift from the regal line of Juda. But if we examine tlie courfe of regal fuocef- a in other kingdoms belonging to the feniority Abraham, I mean thofe of lirael or the ten xs, and of Edom or Idume and of the progeny £fau; we (ha)l find that in the latter (by at appears in I. Chron. Ch. I J a diredt here- u-y fucceffion, far from being obferved even in onefingle inftance, feems rather to have been ftitutionally excluded ^ nor do we fee any rea- to doubt^ that the chief feniors of tbe de-
fccndants
apB DISSERTATIONS ON THE
icendants of Efau, fucceeded each other regulnl} in their refpedtive limes, according to the above- defcribed maxim of the primitive ages. For as to a free election of the people, or any ufurptdan carried on by high hand, the facred text affocds us no grounds to fuppofe, that either the one oi the other of thofe two meafures might have ii^« t^nrened in the fucceflion of the kings of Edoirm nor even in that of its dukes ; and with regard t^ the kingdom of Ifrael we fee, that not only th^ particular judgments of God upon the diflferecn families who fucceeded to that throne, have fr^ quently interrupted the diredt hereditary fucceSi on ; but alfo that the election of the people fon^c times interfered as in that of Amri and Thebn; I Kings, 1 6. and fometimes ufurpation, as in that of Baaza, i Kings, 1 5. and of Zambri, 1 Kings, 16.
For what regards any inftances of a lineal and hereditary fucceflion that may appear in the ao- cient monarchies of the Chalda:ans or Babyio* • nians, of the Aflyrians, of the Egyptians,^ be as thofe kingdoms were originally founded upon, and fubfequently governed by tyrannical mei- fures and defpotic laws ; fo it is natural to think, that the primitive maxims of government ground- ed upon the law of nature might not have been regarded in fuch kingdoms; and that everj reigning monarch employed all his abfolute power to fecure the fucceflion for his fon or natural heir. It is however far from being certain, that, even in thofe defpotic kingdoms, the regal fucceflion yf9% regularly carried on in a hereditary manner, ac- cording
^AWS OF THE ANTIENT IRISH. 299
cdiiig to the order of lines. For in the firft ■oe, M to the feven Chaldsean and fix Arabian ng^ who were the neareft fucceflbrs of Nimrod I the Babylonian kingdom, according to Eufe- im and Geo^us Synoellus, who mentioned hem not only upon the authority of Alexander Myhiftor, a coteinporary of Sylla the Roman Bftitor, but alfo upon that of more ancient * ttoriana, Berofus, Abydenus, and ApoUodorus : iito thofe thirteen Babylonian kings, I fay^ it is ir from being certain, that either of the two noes of them, fucceeded each other in the direft beiedttary manner, inafmuch as we have only a Eft of th^ bare names, without the leaft mention of theSr relation to each other.
In the next place, for what regards the Aflyrian Qonsrchs, fucceflbrs df Ninus, who made the Bsbjflonian lungdom a part of his empire by the tdoftion of Babylon, whofe laft king of the Ifibian race, he took captive with his wife and iddren, and afterwards put himfeif to death : 4 to thofe fucceflbrs of Ninus, I fay, though we iod by the accounts of Eufebius (doubtlefs upon he authority of Diodorus Siculus, Juilin and others) that Ninus was fucceeded by his fon finias, after the ufurpation of his mother Semira- lis, yet we (ee no further mention or proof of a ereditary fucceflion according to the order of nes among the following kings of that empire om Ninias down to Sardanapalus, through a ries of fifty one kings according to Syncetlus, lOugh Eufebius reduces their number to thirty tree, as Diodorus does to thirty.
In
ic% Dr^&EKTATSOB^'S CV THE
prncriy famii^ m t:he tiev cf fiscoe and U^
hsxid anxonifzlT: dicie "*/ dK^Bneasuncaiidliiood; hut QCiiRSiib, tf te acsuxa^»LedgESp io finoorof themcit«iie}Gr7'.ngfiaiu3i9of eadz pomcohr ncc, ^ C^ 9*i!faii5 cr diissreia. prfrmim, pkmmqoe
^ tTOffl*™^ dietiincta '"pnocipi^ TTTULeitflML" And rboo^ diia aconcnc of ds rimjiiiiik: maooer of resi fuccoficxi cnaGt ceLGiu2i>^ cioes not tA it othorwite, cfaaa » it naj be ooofiicred ia ittd^ dining and abufx^c frarr, wed accordziig is h «» generally earned en ia tbe larirr osfcappj timo of die Irifii nacon ; yet we tae cfaes aodnr is cancfid enough to owa, diac tbe diief fcnior vas gencxail J the pcx£o€L, wbo iuccceded to all icgd power and propertj araongft tbe Irifli ctcq ia tfadr dcdiniag tate.
Sr John Davia in bis hiftorical rdatioo of At afiairsof Ireland, wherein, tboogh it maft be coo* fefiied cfaat in otber refpeds he fbews fixne rnnks of candour and juftice towards tbe antient Irifli, a pkaied however, page 36, to throw very ferae iefle£tiona upon tbe taoifbc law of (bcoeffioii, « bedoea in tbe fame page npon the Brehoo \mm\ and in tbe following page, iutmning up his ar* gtimenta, and cocnbiiring tbe tbamftic and gtfd- kind coftoms both together, he forgets bis mod^ ration, and bctrava at the fame time Ihs fliaUov knowledge or rather utter ignoranoe of tbe gene- ral htftory of nations, even that of bts own coun- try, (as I (hall hereafter (hew) fo far as to repie* (rat thofe two antient, I may fay, almoft general
cuftoms,
V
AWAOF THE ANTIEKT IRXSR 301
•CRUQCDoe was veiled in the perfons of feoiom irtue of their very right of feniority^ ihouid not have been fo difTufe upon a {\xbjoSt iidifolf- evidence, aa thofe principlea of the .of nature upon whigh were grounded th0 rr«xpiaioed rights and privileges fo religioufly (md.to.feniors under the difpenfation of that :4 nor (hould I have been fo minute in availing feif of tboic maxims and general, cuftonii of pdniitive tiices, whereby ail power and pre- ideoce was deferred to their chief femora by all lit antiont nations, wherein tyranny and de^ . xifm did not prevail againft the moft facred bti.; I Aould not, I (ay^ have enlarged fo am-^ ' upon thofe general heads* but that I thought argiUDcnt ihouid be overlooked, that could itribute to remove a prejudice, which I found leeply imprefled on the minds of fome Engliih bn with regard to the thaniiUc law of regal oeffion amongil the antient Iriih, that they . a. to look upon .it as a cuilom of extraordinary . {uhrity, and even of a barbarous and unpoliih'^ nature. Sir James Ware^ the moil candid eed of thofe Engliih writers of Iri(h affairs,, and : he fame time the beft inilru£bd of what re*, ded our antient cuilotna, confiders, notwitli" kUng, the thaniilic manner of governn^ent and al.fiia:efllon, merely in its corrupt ^nd abufiye e, according as it was pradtifcd in l|tt(er agM» : . particularly after the eftabliChipent of the., ;iiih colonies in this iiland under Henry IId» jr of England. This writer giyes^ us to ua-
[land, (Antiq. Hib.oip. 8.) tb$i thctlimcffim.
was
3^ DliJSERTATiaNS ON TTHS
of thofe general maxims of the primitive tiraci, which I have already explained, it is to be hoped, may be prevalent enough to tndoce all impartial readers to take no further notice of the cenfures of fuch Englifh writers, as might have (hewn their prejudice againft tho law«of regal and princely fucceffion among the antient Iri(h.
The firft precedent of a law of fucceflion paral- lel to that of olur remote anceftors, I Ihall look for in at lead a^ antient a nation, and in fome ftrong appearance, that which was the very original ftock of fonne of the primitive colonies of this iflaod; I mean the Scy tho - Iberian nation, antieatly fituated between the Euxine and Cafpian feas. Of this antient people, Strabo gives us thb high notion, ** That their country is not only very *^ well improved^ but of a climate naturally happy ^ for inhaUtants ; for Iberia, fays he, is full of '^ dties and inhabitants, they live in tiled houfes, ^ and have edifices of a curious ftruftore and ** ftone-wofk ; they alfo have courts of juftice ^ and other public building^.'' And as a ded- five proof of the riches and happinefs of all tfait re^on inhabited by them and the Soanes thdr clofe neighbours ; he further adds, thAt the very rivers and torrents threw out with their fand vaft quantities of gold dufi and ore, whith the people ftrained thr€>ugh bored planks, and received into woollen fleeces ; from which praftice, he fays, the fable of the golden fleece was mvented. The ftme author informs us, that the Iberian nation confifled of four orders ; firft, thofe of the royal race, in which the regal fucceffion was kept up \
the
^
.•I
LAWS OF THE ANTLENT IRI3H. 305
the fecond order was, that of the priefis and prieflly tribes ^ to which, befides their religious funAions, belonged alfo the right of adminifter- ingjuftice in all difpu^es of property, and con- cerning limits, and other public rights between all neighbourmg people ; the third order includ- ed both the military men and the agricultors, thofe two profellions being thus held in equal ef- teem in that great and flourilhing nation; the fourth and lall order was the common people, who were deft ined for ferving the kings, and fup- plying ihcm with all forts of vidluals and provifi- ons. Such were the four orders of the antient Iberian nation : and it appears very plain from the general fcope and contents of hiftory, that the Irifh Scoto- Iberian ftate confided like wife df the fame number and the fame denominations of dif- ferent orders or ranks of people, with the like privileges and duties refpedlively attached to each rank. I cannot conceive what grounds Mr. 0*Flaherty might have had to exclude, or rather fay nothing; in his account of the different or- ders of the iri(h nation, of the military men and agricuhors ; two public corps, which were al- ways held in particular honour and efleem amongft the old irifh. The antient and famous militia called Peine, and the agricultors, who were diftiftguifhed by the appellative of Biadh* tachs, from their great hofpitality, were remark- ably honoured and privileged in the antient ftate ofthe Irifh nation.
But to return to the four ranks of people in the Schytho-lberian nation in Afia, our author ob- fcrves of thofe orders in general, that in all their
X rcfpcftivc
. have identically the plain, natural, and ti ^ dation of our Scoto-lbcrian fyftem of the ^ chief poweif and property, not only wit ^ to particular fepts or families, but alfo i ^ to the fuprcme power and princely face
.general, as grounded on the right of . And in the preceding fedtion I have likK ^ ^rved, (hat the Irifh or Scoto-Iherian a ^inalc-gavel was regulated in all circun
.agreeably to this fame maxim of the I I Iberians: it being manifeft, that an equ
button of the famiiy-fubftance between all -, ferent nierhbcrs, as it was obferved by oi - . ?ors, formed a very natural community o ^ inafinuch as an equal participation of tt .Janes of life out of the fame mafs of fi ; was cquivalently the very fame as living ^ jtnpn. Hi omnia per familias communk ^ . white the j^^ferving a chief rent, always . property vefted in the gavelling and com . fenior. Isimperat & rem tenet ^ qui fenic :. ; havic been often thinking, that this (hor of Strabo, defcribing the political ceco
*t.-. TI I i_. ^t..
LAWS.OF THE.ANTICNT IRISH. ^07
ig in bis Uttpia, under the command of thefe- iprsofeach family ; which has been afterw%r4p ery fuccefsfully realized in Paraguay, under .the iredtion of the Jefuits.
Now, exclufive of what Strabo pbferves con. rrning the right of feniority with regard to the ipreme command in each refpe£tive family or }be^ of the different ordjcrs of the Iberians, he Kplains and reprefents the law of regal fucceifiont nd the univerfal foverei^^]^^ of that nation ii^ !ch a light a^ demon(lrat<ff jit) to have been moft Ka£t!v of a .parallel nature with that of the anci- nt IriiHoi^.Stcoto-Iberians, according to its pri- inaj iniljtution and intent^ that is to fay, that the ^ fovcrcignty of the whole lUte was by right F feniority to be always veiled in the eldeft of all lofe princes of the royal race who were the qareft in blood to the direQ reprefentative of its jock I Of w:hat is juft equal^ the eldeft of the^ear iQfin^n pfithe fame name and blood (as the tfiOi iiipri^nft cxjpxt&d themfelves). of the laft reign- Ig. prince, >v ho had conftitutionally fuocoeded y. the fame right of feniority and proziniii^of [god.. ^Su€^ s^i^ jexa^ ps^^ld between the law of igal ;fuG9c(fion atpongft the Schj^tho-ZlLlktic Ib^ ans. an4 that of our Iiilh Scoto-Iberianis -will Iwily appear from ihe very words of Strabo^.def- ;ibing the publjc and coqftitutipnal laws cf the Kir orders of the former nation ia the place above iipted.| This a^uthor fetji forthy^^that^ut mAhc r(l prder^that c^ the rpyal fapilyi; two .^ngs e^ (conflitutipnally) appointed to fua^^^.one, lW> hacLthc Rt?cedency or^Ji^cpqa^^
X 2 ^ of
3o8 DISSERTATIONS ON THE
of his feniority and proximity of Mood (alter {& cety qui setate & propinquitate anteccdit)ni another who was to be chief judge and goal commander of the national forces (alter qm jan det tz exercitum ducat) or as Gurtlerus has it i other uords, Judex alter & Copiarum Da Orig. 1. 1, c. lo. S. 58.
To perceive, with full convi£tion, the cnA parallel and identity of nature between this lbs* rian law of regaKfiK^eflfion, and that of the di Irifhy as above explained, we have only totib notice in the firft place, that in Strabo*s defGrip* tion of the natural qualities or conditions reqari in the chief king of the Iberians, for enjoying th right of precedency and pre-eminence, he doci not mean to compare his age with that of hiiiis- condary colleague alone, but plainly givei as ^ underftand in a fubfequent explication, thtth muft be theeldeft, the chief fenior of alltherojii; line or family. This follows evidently from whi he afterwards fays colleftively and in general, of all the refpe£tive families of the four different orders above defcribed, viz. that in eadi familj or tribe, he who is the fenior and eldelt of all, eo- )oys the right of fupreme command, as well ts the property and poffeffion of the whole nitfe of Aibftance, whofe ufe is in common amongft ^ the members of the fame tribe ; hi omnia per fr milias communia habent, fed is imperat & tea tenct,^ qui fenior eft : words which literally ani manifeftly intport, that in the Iberian nation A right of all chief powers aad command, wheth •fupreme and univerfal as In their prime king; <
fuWtc
I. AWS OF THE ANTIENT IRISH. 309
fubaltcrn and particular, as in the fenior of each tribcy was attached to their quali^ty of being the cldeil of their refpedtiyc families.
Hence it is to be inferred and noted in the fe* cond place, that inafmuch as the eldell perfon of the royal family could not always be the neareft in blood, refpeftively to the right line of the re- prefentative, fince his nephew or grand-ncphc>r by an elder brother mufi naturally be nearer, ai a coufin german, or another collateral, may like* wife happen to be, it is therefore that the proxi. mity of blood required in the prime king of the Iberians, mud be underftood in no other fenfe than comparatively with that chief judge and commander of the army, who was his fecondary. In the third and lad place, it is to be noted, that the uniformity between the Schytho Iberian law of regal fuccefllion and form of government, and that of the old Irilh Iberians is entirely compleated by the rights and functions attributed to the fe* condary king of the former nation, thofe I mean of being chief judge and general commander of the army. The reader, muft have remarked, that in the beginning of this chapter, I have proved that the Irifll Tanifl was originally vefted with the fame double right. As to the title of king given by Strabo to the chief judge and general of the Ibeiian nation, it is very plain that it muft be underftood in a fubordinate and limited fenfe, in- afmuch as no other power or function is attributed to him by this author, and confequently none chat could properly be efteemed regal and inde- pendant. From his great authority, and particu- larly
3 W " D^ i 8 S £ k ¥ A *r i b N1S O » ^ T H "E •
larly thatofcommahdingall thehatlonit forces; he may in one proper ferifc be ftifed, Rex li reg^i- do exercitu ; and whoever knows any thing of Iri(h hiftory, will readily agree that art Irilh Ta- n^ofa royal family, Tcven after ihofc of thtt quiality were deprived of the judiciary power, and not always vefied with the aftual coiifittiatid of tlie army, was notwithftanding ' held in filch high li^fit ahd confideration, as to be efteetn^ no. thing' lefs than a fecondairy kitig. The titk of Rlgh damhna, meaning^ king in fiery, or future king, was generally given to thd'prtfumptive fiu> cffflbr of the reigtiing ki^g. AH thefe circuoh fiances being confidered and compared on both fides, the parallel between the Iberian form of re- f^l government, and that of the old Iriih, mtj b^ looked upon as a finifhcd onie to the nfoeft
I^erfedtion.
One further remark remains to be mad^ upitt the nature of the Iberian conftitutioti, tending to i^ftify what I have advanced in the bejginnitig of this diapter, in aiferting, that aiicording" to the ori- rfnal inftitution of the fenior-fucceflion, called tnc Taniftic-law, it was inconfiftcrit with its na- ture that any eleftion Ihould have Ihterfttey in Carrying on fuch a fucccffioni befciufe the fucccf- (or was always pointed out by the courfc of na- ' ture, as his right and title depended wholly and folelyupon his fcniority and proximity of blood \ and by confequence was naturally independent of all extrinfic choice and elcAion whatfocver. A» cleftion, in a word, is as iriconfiftent with %1* nature of a fenior-fucccflidri perpetuated iaC% fame family, as it is with that of a direct
LAWS OF THE ANTIENT IRISH. 311
• - -2.
:y one» carried on ftom father to fon, or the^ kt heir, according to the order of Itxics ^'^ the ] Art and title of feiyors being as conftantlymark^' lout by nature, as well as thofe of the direCt'df lod heirs. Whence I muft conclude, that Tn- much.as the iame natural marks and qualit^^ nam, (ehiority and proximity of blood' were ' ijpifed asneceffary conditions for enjoying th«i ; ime regal fucceJlfion in Iberia, it luid bieeii^ ite, inconfift^nt, that any ele^ion, propdrly' ;!fi)^ng, (hould have interfered in difpo&ng o^ . t iaiperial crown of that nation. Here Ican't Lt think it .manifeft,. that Strabo*s expreflibn re. ring to the . two Iberian kjngrs, duo Reg^ deli- mtur, is hot to be underilbbd m the proper and, jjorous fenfe, as if the author had meant, that . € appointment of both thefc kings depended. luaUy uppn a free eleftioh, while the conditions, lat determined the right of one of the two, I lean the. {Mrime king, depended folely upon the . Durfe of nature.
After all/ if any further fcruple ihould arife -cm the word Deliguntur being in the plural umber, and confequently applicable to the prime ung, as well as to his feconda^y, I would defure i may be confidered, that the fame word may in mr own days be applied without any impropriety, ;?en to fome of thofe kings whofe fucceffipn is nptt ftri^ly hereditary. In the ceremonials of- lieir coronation we find, that a herald at arms, irevioufly to the ad of crowning the king, loudly ries out to the people, aiking if they choofe the refent prince; for their foyereign king ? to which peftioa it is vexy plain, that their anfwer in the
affirmative
jia DISSERTATIONS ON THIh
•ffirmatbe cannot be le(s exprdfive of an eledBon, than 18 the word deligantur ufed by the Latin tnnflatorof StrabOy with regard to the fucoeffioa of. the Iberian kings.
An inftance hithert9 not mentioned might io- deed have g$ven the face of an eledion to the af- fembly in which the fucceflion of the kings of Iberia muft have been carried on and folemnized. At the* death of every principal king of thit nation, it is natural to judge that the natioul fiates aflembled on that occafion, firft to en- mliie which of the princes of the royal family htd the prior right of fucceeding in virtue of his fujfr ripr feniority, and then to proclaim that prince whofe right was verified and acknowledged Such a public a£t might have carried fo ftrong an ap- pearance of an election as may very well juftify Sirabo, orany other ftrangcr to fpeak ofthclbe- rian fucceflion, as if it were properly dedlive. And here I think it material to obferve that the circumftancf of a public convention for examin- ing and verifying the natural right of the prince, who fliould fucceed in virtue of his fcniority, was doubtlefs what gave the firft occafion and fccra- ing grounds of an infringement and alteration of the original inftimtion and nature of fenior-fuc- ceflion, by introducing thofc fadtipus and tumul- tuary eleftions, of which I fpoke in the bc^n- ning, and (hall have further occafion to fpcak more at large, where I intend to treat of the dif- mal confequcnces of the abufcs of and deviations from the original law of that form of government. In the mean time, if I can (hew the reader by the
example
LAWS OF THE ANTIENT IRISH. 3»3
implc of another anticnt and powerful nation. It Ac fame law of fcnior-fucceflion has been ifoved in a manner fo ftridlly and cxaaiy agrcc- l with the defcription I have given of the origi- * 1 oaturc and inftitution of the Taniftic laW| that > loom was left for any fort of election even in t binteft appearance ; fuch a plain and unex* spdonable example being produced, will^ I ope, ccmvince the reader, that the fenfe and in- nt of all thofc nations, who prcfervcd this pri- utive maxim of fenior-fucceffion in the regal >vemment^ did originally concur with plain afon and the nature of things, in excluding all rts of eledion from interfering in fuch a fucoef*
n.
The antient nation I mean to point at for hav- g fumifheda perfect model of fenior-fucceiTion, inflitutionally excluding all forms and even ap- ^arances of an eledtion, was another Schythiant It more properly a Ceito-Schythian people of eat renown. They were the firft in rank as well hiftorical fame of the five great bodies or ag- -egates of different tribes, under whofe generi- il {a) appellatives, the whole German nation far id near a^ it was then known to the Romans, as been cphiprehended by Pliny, lib. 4. c. 14 ; icy were tilfo the very people, who of all the orthern nations were the firll that made them-
felves
(«) Germanorum genera quinque: Vindili, quorum irs fiurgundiones, Verrini, Carini, Guttoues ; alcerum mus, kigXYones ; quorum pars Cimbri, Teutoni, ac luchoTum gentes ; proximi autem Rheno, Iftxvones ; lomm pan Sicambri, Mediterransei, Hermiones» quorum levi, Hermunduri, Chatti, Cherufci : quinta pars, Pcu- Qi, qui et Baftamz fupra di^is contermini Dacis. Pli- if lib. 3. c. 14.
I>,IS;5EJLTA,TIpNS.0N THE.
felves formidable to the. Roman empire* vhofe prpTincesorMsefia and Thificia, fome of theii tribes invaded and ravaged as early as the year 350, un(}er the reign of Decius, whofe .ftrm; they totally defeated, and piefled htrnfelf lo cloft in his precipitate retreat or ratbe^ flight,, that tbej forced him into a mprafs, whofe wat^ers providen- tially delivered the world of that imptqus pcxif- cutor of the Chiiilian church. 1 mean in a wocd to point at th^t numerous and w^ilike. luttoo of Geimanics, whofedifTerent tribes .PJipy cpinpn- hends under the generical denomioatipns of Vindeli, by Tadtus called Vandalii, or Van- dati, and of whom the former fays, tlqt t|ie Burgundioncs, the Varrini, the Carini and the Ouctonesor Gothi, were only a part 4 the olhei tribes, which beGde (hefe four, were coiripic- heoded under the fame national name of Vandali, Cluverius finds in other authors to be the foUow- ing, viz. the. Longobardi, by Faulus D'taconus called Viaili for Vindali, the Thuringii, the Angli, theLcmovii, otherwife called the Hcruli, thcRu- gii, the Sidinii, the Suardonii, the Eudoccs« the Cavionesand the Nuitones. All thofe. fourteen tribes of the Vaodalic nation, the learned Clu- veriu^ places between the Viflula and the Albis or Elbe, towards the borders of the Baltic iea. where he cuts out their rcfpeiflive habitatioas, from which feveral of them, fome earlio- than others, made emigrations into the Europea-n Sarmatia, and firft fettled towards the Mjcoc»c bke, or more probably on both tides of itrxi Borifthenes ; the Roman writers of the dediairmi ages of the empire, confounded that tribe «=> ther-^
LAWS OP'TflX'ANTIENT IRISH:
^
caUed.Gothi, with tBic people called Getae^ mSteC'tik former faid advanced . from the Borift- ^tetaei kico Dada, and there poflefled themfidves of tlkiadent hatntations of the latter.
. TbeLadn writers of thofe latter ag«;i have alio.
canbnnded and jumbled together the different
ef the Vandalic nations, and foem to have^
^^ .-^—5%^ all the moft noted people of them under tk name of Gothi, even exclufive of the Vifigothi
crOftroooth}; as if that name had been the com- tabn and national denomination of all thofe dif- fetent tribes, inftead of that of Vandali^ which Vras their gcnerical name in the time of Tadtua : «nd Pliny,; at the fame time thofe writers have, changed the generical nature of the fame Vandali , bjr mlikmg it peculiar to one fingle tribe, or at Icaft one particular body of thofe people they, called the Gothic nations : thus Paul the deacon oalls the Longpbardians by the name of Vinili^ Vrbich he mufthave thought to be quite different from Vindili or Vandali, inafmuch as he fets forth^ that a 1>loody war had been carried on between the Vinili and the Vandali ; had he known the gene- xical nature of the name and the identity of meaning between the words Vinili and Vandali^ he would have expreifed himfelf withlefs inaccu- racy by faying, that the Longobardians, who were a tribe of the Vandali or Vinili, had beea at war with another tribe of the fame name.
Certain however, and remakably certain it is» that the common and national name of Vandali, had been particularly appropriated to one certain body of the Vandalic people, whether confiding
only
3i6 DISSERTATIONS ON THE
only of a fmgle tribe, or of a confederacy lod coalition of Teveral tribes of the fame nttkn. Cluverius exprefsly aflures us, that it was a 000* federated body of the fame nation, chiefly confift* 11^ of the Suardones, the Eudofes, the Nuithooci and the Sidini, that the generical name of VaotUt was particularly appropriated to by the Romn writers of the fourth and fifth centuries. It wa indeed very natural, that any confederated bodj confiding of different tribes of the Vandalic » tion, (hould have aflumed the common and nto* onal name of Vandals, though every particobi tribe was known by its own peculiar and diftinc- tive name, while they enjoytd their refpcAivt fettlements feparately from each other either at home or abroad ; thus the Gothi, the HerS, the Burgundiones, the Thuringii, the Ang^ were known only by their own refpeAivetnd particular names, though they were all properly Vandals, as being but fo many different tribes of the fame Vandalic nation.
But whatever might have been the occafion of appropriating in a peculiar manner the common name of Vandal! to thofe tribes of the Vandalic people, who of all others were the very firft that gave beginning to the downfall, and afterwards had the moil principal part in compleating the utter ruin and deftrudlion of the Roman empire in the Weft ; this (ingle point I have further to co^fider relatively to thcfe fame people, that inaf- miich as they were the very nation, in whidi 1 (hall find a moft perfcdl model of fenior-fucceffion in the conftitutional manner above defcribed, it is
very
WS OF THE ANTIENT IRISH. 317
atural and becoming, that I fhouid give a ketch and account of their progrefs, fince rft invaded the Roman empire^ after paff* : Rhine in the year 406, until they fetded mperial province of Africa, whofeconqueft >mpleated by taking the town of Carthage To difpatch this account in the moft fuc- lanner, I (hall only make a capital fum- ecital of the events relating to this people their progrefs through Gaul and Spain, re-
the reader to the authority of the L^tin .na of thofe times, fome of whofe words I lote in the margin, as often as it may be ible to trouble the learned reader with an t of fa^s generally known. lU therefore obferve in the firfi place, that ' who was chief general and prime mini- the emperor Honorius, having conceived >us views in favour of his own family, { to nothing lefs than to that of veiling his :berius with the imperial purple, at the ex- f the very life of his auguft mailer, whofe ved confidence he daily abufed and availed
of, for promoting his traiterous defign : fidious Stilico, I fay, a Vandal by origin,
that end treat with the now mentioned :rated body of the Vandalic nation, to le affociatcd a tribe of the Suevi (*), to- gether
is ancient and extenfive name, was then particii- exclufiveiy attribated to the HermonduHy a na- :h was fituated ia thofe da/s between that of the n the weft, thtf Bojoarii to the eaft, the Burgnn- die footh, and the Thttringii to the north* Clu- as. Antiq. 1. 3. c. a8.
320 DISSERTATIONS ON THE
Tours in the pih chapter of the fecond book of hishiftory (/), by which it appears, that Refplen^ dial, akingof the Alemanni, who was to join the Vandals at the inftigahon of Stilico^ being diTcou- raged by the news of their lodes, as well as by the defection of Goares^ another prince of the fame nation, changed his refolution, and returned home, leaving the Vandals to fight their oun bat* ties agalnft the Franks. Here 1 (hall obferve, by the bye, that the fituation of that country on the right fide of the Rhine, which the Franks inha- bited in tliofe days between the Maine and the Necker, according to Cluverius, feems to afford fome ground to judge, that this famous pafliig^ of that river was affefted by the Vandals and their aflbciates, at fome place between the two lad men- tioned rivers. Anil the conjedlure may feem the better founded, as the cities of Mentz and Wormsi which are fituated on the left fide of the RUnei oppofite that fame tra£t of land which lies between the two faid rivers, are mentioned as the very firft conquefls of thofe invaders, after they had pafled that river.
But where or whatever the real place of that trajefl may be, this I think I may advance upon good grounds relatively to the Vandals, that they are juftly to be regarded as the principal and main
body
(f) Renatos Proibtunis Fngeridos, cujos jam (bpra me- inininQUSy cnm Roman refert a Gotthis capcam atque ibb- vertaro, ait : Interea Refplendial rex AJamaiiiioniiDi Goare ad Romanos tranlgreiflb, dc Rbeno agmea fooriia convertit, Vandalts FraDCoroin bello iaboraatibiis» Ood- egifillo rege abfampto* acic vigind fermd miUibotfcrraj perempiis, cunAis VandaJonin ad intcroecioiieaB dekadii^ ni Alanorua vis ia tempore fobvcnifliet. Greg. Tor. kiL lib. 3. cap. 9.
kWS OF THE AKTIENT IRISH. 321
} of thofe forces, by which had been effedked meinorable paflage of the Rhine, and that firll irruption of Barbarians into the interbrs le Roman empire, that has been attended the fuccefa of a permanent and independant ;ment. That the Vandab were the main pow- id chief adors in thefe expeditions, and that iuevi and Alani are only to be confidered as auxiliaries, appears, I think, very plainly i thefe two circumftances. Firil, that during ' engagements with the Franks, and before junStioa of the Alani, we find no mention le of the Suevi, as having had any part ki e bloody adtions : and fecondly, that the en of thofe times reprefent the Vandals as the dpalaAors in thisinvafion under thediredtion itilico, and as the main body, to which the 11 and Suevi have been made . Auxiliaries or cr intermixed troops in the Vandalic army, t literally appears by thefe words of Zosmus^ idio fextum & Probo Confulibus, Vandalt is 8c Alanis pcrmixti nationes tranfalpinas iverunt. Zoz. Lib. Hid. 6. ad an. 406. ow I am to obferve in the next place, that Vandals having defeated the Franks, and d the Rhine under the command of Gun- : (/), fuccciTor of Godcgifillus, * they aiul i\x afibciates befieged, took and defiroyed^ inflate the words of S. Jerome, in his epiftle Ageruntia) the noble city of Mentz ; that of
Y * Worms
•J
I Poft hxc Vandalt a loco fuo digreflS cnm Gnnderico la Gallias ruunt, quibus valdd vaftads, HHjpaniai ap* it. Greg. Tur. Hift. lib. a. cap. 2.
312
DISSERT A nONS OU TUt
Worms they turned into a heap of ruins, after having fuftained a long fiegc. The powerful city of Rheims, thofe of Amiers and Arras, and the capital city of Morini, fituate at the very extremity of Gaul, Tournay, Spire and Strafbourg, are all poflefled by the Germani The Aquitaniaa, the Novempopulania, the provinces of Lyons and Narbona have been ravaged. A fmall number of their towns have hitlierto efcaped the general calamity, thou^ blockaded in fuch a manner by the enemy, that they are threatened with immediate ft* mine. I can't without tears in my eyes, make mention of Tholofa, whofc prefervation de- pends only en the prayers and merit of i(8 holy bifhop, Exfuperius. Spain which is juft lit the eve of its dellrudlion, in the higheft an- guilh of conftcrnaticn. What a torrent of mis- fortunes ! But we are not to attribute them to our princcj^, who are very pious and religious. All thofe evils are owing to the treachery of Stilico, that barbarian; difguifed as he was, under the appearance of a Roman (g).
From
' (g) Moguntiacum qoondam nobilis civitai capta atqne .fubyerfa eft, et in ccdcfia multa hominum trucidau. Vasgiones longil obfidione dclett. Remonitn nrbs pre- pocens, Ambiani, Attrebat«, eitremique bominum Mo- rini Tomaciim Nemctx, Argentoratus tranflais in Ger^ maniam. Aquitanix, Noyemque-popiilorumv Lngdn* nenfis, et Narbonenfis provincix prcter paacas urbcs po- polata funt cun^ta, ouas et ipfat fbris gladius^ intus ¥aP tat fames. Non poimm abfque lacbrymis Tho]ofk facere . mentionem, quae ut hucufque non meret, faadi Exfapcrii cpifcopi mcrita prarftiterunt. IpCx Hifpanic jamqne peii- tmvx quotidte contremifcunt, &c rlitron. £pifL ad Agerunt.
1} tAWS OF THE ANTIENT IRISH. 323
-* . From ihc mention here made by S. Jerome of ^fae conilernation of the Spaniards at the ap- proach of the Vandals, it is plainly to be in- -fo'ied, that he wrote this epiftlejuft before their /Entrance into that province. What I have ob- ^Icrved as to the Pannonian rebels in my {>receditig -bote concerning the Alani, the curious reader will find jullified in the beginning of that fame cp'file ; whereby it likewife appears, that fome other German and Schy thian nations foon follow* ^ the example of the Vandali in invading Gaul, ^Uch as the Quad!, the Saxoties, the Heruli» the fiurgundiones, the Gepides, the Sarmatse (a). One particular circumftance of Stilico's treacher- t>us meafures naturally occurs to be mentioned in this place ; which is that he purpofely called away all the troops then quartered in Gaul, that could make any timely oppofition to his barbarians in their paflage of the Rhine, and this uiider pretext of fending thofe troops to fight the Goths on the banks of the Danube ; thiscircumftance we learn from the very panegyrift of Stilico, (b) whofe in- iquitous defigns the good poet may very proba* bly have no notion or fufpicion of.
But to return to our Vandals, I arh to obferve in the third place, that the Britifh ufurper Con-
Y a ftantin,
(m) (^idquid inter Alpes et Pyrenxum, quod Oceano et Rheno inclttdttnr ; Vandalus, Qyados, Sarmata^ /Vlani^ Gepides, Herculi, Siiones, BurgundioQcs, et^ olneenda Rdfpnblica ! hoftes Pahnonii vtftayerunt. Hieron. id. (#} Agmina quinctiam flavis objeda Sicambris ,
Quxque domant Catcos, imxnanfaetofqae Chcruicof ^ Hoc omnes verc^rc ininas, catnmqae rcmotit Excubiity RhcDum folo urrore relinqaunt.
' Claadian. dt laud. Stilic.
324 DISSERTATIONS ON THE
ftantin, >whom the Imperial troops of GreuBn- tain, incenfed at the treacherous condud of Sd- fico had fet up as an emperor^ having paffcdioii Gaul, and routed back to their countries t gmt part of the barbarians, allowing fome foodngto thofe who promifed obedience and fidelity } tk Vandali, Suevi and Alani, who by this time y fettled in the two Aquitains, found themielm under the neceffity of attempting the pafltge of the Pyrensean mountains, with a view of acqoi^ ing fome fettlements in the Spanifh provimti this refolution they efteemed the more expedient, as Honorius had judged proper to coropooDd matters with Conflantin, while the infolent Ahiic king of the Vifigoths, encouraged by theprogreft &nd fuccefs of his countrymen the Vandiki threatened the capital of the Weftem empire wflh total ruin and defolation ; in thefe circumfiances, the Vandali with their aflbciates the Alani, andtbe Suevi, took the hardy refolution of forcing tbdr paflage into Spain through the Pyrenacan moun- tains, whofe gorges hath been occupied and <k- fended by the Spaniards, fmce the firft approKh of thefe people towards the other fide of thofc hills ; this paflage they eflfefted fword inhaod even in fcparate corps one after another in the months of September and GAobcr, of the year 409: for which fafts, the reader has fufficient authority in the marginal note here referred to (0» that of Idatius a Spanifh bifhop, who very
poffibly
(c) Vandaliy Alani et Suevi, Hifpanias in^reffi wri qua* 'iringcncefim& quadragtao" "^ Hima, alii quarto Cakndafi
aHi
OF THE ANTIENT IRISH. 325
ght have been fpeftator of thefe parti- s of war, as he wrote his chronicle about of the fifth century, muft be efteemed cception, efpecially as he is fo particular the days and months of the fafts ; and lull be concluded, that S. Ifidore of :cQunt written fo late as towards the fizth, or beginning of the eighth cen- which he places this paflage of the 408, muft either be miftaken by him«^ Tupted by his Copyifts. lie fubfequent part of the hiftory of lalic people and their feats of war both d Africa, to the Epoch of the redudtion ^, and all that Imperial province under lion, it is too univerfally known, and ftantially fet forth by different authors mes to want any further explication that nilh. The curious reader of antiquity I taken notice ; firft, that the Vandals their paflage of the Pyrenseans fettled . the richeft province of all Spain, ever vn by the name of Vandalufia, (now kndalufia) fo called from thofe Vandals; at in or before the year 418, their king poflefled himfelf of the province of here he quarrelled with Hermeric king (ri, whofe army he entirely invefted and
miferably
bus OAobris, Honorio o^vum et Thcodofio tert'tuoiy Confulibus. Idat. Chron. ad aft. quadringentefima quadragefimA fexta, Vall- et Sucviy Hifpaniafl occupaotef , Neces, Vaf* Tuentis difcurubns faciuot. Ifidor. HiTp- hitt.
S26 DISSERTATIONS ON THE
miferably llaughtercd in the mountaios of that province ; third, that in the year 421 » they gained a complete victory over the Roman general CaT- tiniis at the head of a numerous army, alfiftedby a corps of Gothic auxiliaries ; fourth^ that Count Bonifacius, to maintain himfelf in hi$ ufurped independancy in Africa, invited all the Vandals to pafs over into that province, which paflfage they cffedted in the month pf May, of the year 447, (a) under the command of their king Geferic, "who, from a catholic, according to Ifidonis, (t) became an apoftate, and a furious profeflbr of Arianifm; fifth, that thefe people after v^ards ob- tained a permanent fettlement in that province, according to the conditions of a peace^ wUcb Valentinian Hid. found himfelf under t|ie neceffi: ty of concluding with them in the year 435; fixth, that in four years after the conclufion of this peace, and precifely on the 19th qf 0£lob$r in the year 439, (c) they trcachcroufly furprifcd and pofleffed themfelves of Carthage, the capital of all the Imperial Africa, and thereby became
abfolute
(«) Gefericus Kex de Beticas provincts lirtore, cum Van- dalis omnibus, eorumque familiis, Menfe Maio, ad Miuriuniam ct Afrtcam tranfiity reliAis Hifpaniii. IdaL Chronic, ad an. 427
Ih) Gifehcus, qui ex Catholico eflFedus apoftaU, ii Arianam fertur primns tranfgrciTus perfidiana; hie depro-l. ^incis Betics Ittcore cum Vandalis omnibus* eoromqael: famtliisy ad Mauritaniam et Africam trajecic. Ifid. Htft. Vand.
(r) Actio, rebui que in GaQiis cocnpontbatur, intcatOb Geifcricus, dc cujos amicitia nihil cnetuebatar, Cal. if NoYembris Cartha;;tnem dolo pacis inradit. Profp. Ckroft ad ann 443.
LAWS OF THE ANTIENT IRISH. ^a;
ftbrdute mafters of that vaft province {d}. An event, which may be juftly regarded as the icn* nediate caufe of the downfai of the Ron^an power and empire, (r) and at which, according to t^he ezprellion of Salvianus (f ) the very foul of the republic was feized with its laft agony. It is >iot without reafon, that Salvianus calls Africa ^ic foul of the Roman republic, fince all the lahabitants of Rome chiefly, and almofl folely depended on that province, for their ccrn-provi- &on and daily bread, the main fpring of human life, and hence it was, that Africa was very juftly Called the granary of the Roman empire ; it was therefore very natural, that the mortal convulfioni into which the reduction of Carthage and all the •province of Africa had thrown the Occidental empire, (hould (hortly end with its utter diflblu- tion ; as it effedually did in the year 475 : \vhen Qdoacer, a prince of the fame Vandalic nation* dethroned and confined Auguftulus, very juftly (b called, not only for his puerile age, but becaufe he was the lowed in power as well as the laft in number of all the fucceifors of the great Auguftus Oftaviaqus (^}.
By
((/) Carthagine fraade deccptt, decimo quarto Ciilendai Novembrily omnem Africtm Rex Gifericus invadit. Idac. Chron.
(e) Carthago a Vandalis capta, cum omni fimal Africa lachrjm^bili elide et damno. Imperii Romani potentian* deieciti ex hoc qaippe a Vandalis poffidecur. Profp. Chron.
(/) Africam ipfam, id eft, quaA animam reipublicc» captivavere. Salvian. de Gub- lib. 6. cap. 1 2.
(g) Bafilifco et Armato Confulibus, Odoacer rex Go- thonim Romam obtinnit. Oreflem Odoacer iHico trucida- ▼it. Augnftiiiam filias Oreftis Odgacer in Locnllano
Campanis
928 DISSERTATIONS ON TRK
* By this fummary account of the Vandab, fop- {xnrted as it is by the authorities above cited, the reader I am confident, will be fadsficd as to lU evidence of thefe two points ; firft, that da Vandalic people were efteemed a nation of cgof" fJ>icuou8 rank and confideretionamongfttheuifr tent Germans in the time of Tacitus and FHnfi when the latter fets them down at the head of Ae five denominations of the people, of whidi ife whole German nation was compofed ; fecondl}, that thofe confederated tribes of the fame peopki who invaded the Roman empire, at the inffig^ tion of Stilico in theyear407, have by theinubi- ry exploits, adventures, and fucoeflfes (b remtrb- bly fignalized themfelves in their fubfequent pith ' grefs, that they muft be allowed a principal Ihiie in the mod memorable inflance, that ever happeih ed of that kind of nominal honour, which is k* qnired by unjuft conquefts : they being the vaj people, who under the guidance of providence were the firft that undertook and afterwards prin- cipally efFcAcd the arduous work of (baking the foundation of, and then pulling down to thcground the whole pompous fabric of the Roman empire; but whatever degree of honour and fplcndour* whether real or nominal, may be allowed to thofe people from their military atchievements and conquefts, their very antiquity jn quality of a veil known nation, being a title they have an indifpu- table right to,^ fliould in all juflice oblige us to
hold
Campapix caftello exiiio damnavit. Hefperiam Rmoanz mentis imperium qaod Sepcingentcrimo vigefimo iccundot Gothomm de bine regibos Romam tenentibos. R4arccL Chron. ad an. 476.
jlWS OF THE ANTIENT IRISH. 399.
I in an honourable Kght any fuch law or cuf- i of national obfervance amongft them, as may be found difcordant with the principles of the of nature -, their horrid ravages by Tea and ly afterthe taking of Carthage, together with rcruel and relentlefs perfecutions in that pro- se, however juftly odious and execrable they e rendered the Vandalic name, cannot refleft dilhonour upon fuch of their national cuf*^ IS or conftitutional laws, as muft be efteemed Uy grounded upon reafonable principles, t derived from the maxims of primitive tes. And as to thofe perfecutions it appear* if the Vandals were made inftruments and lurges in the hand of God to punifh the licen- n fives of the Chriflians of Africa, where nanus tells us (j), that the preachers of the rd of God were then lefs fafe in their perfons hin the dties of that province, than the apof- were in thofe of the hcathenilh world. It herefore I very confidendy aflure myfelf, that iudicbus readers ofantient hiftory willcan- ly think as I do, that if a law of regal fuccef- I ly the fale rigbf rf femority be found in this lent Cclto-Schythian nation of the Vandalic pie, it will not only be efteemed an honoura* confirmation, but aifo a particular explication I proof of the original nature, as well of the
Schytho*
) Ecce Afrorum et Carthagimenfiam fidem ! tatiat adam Apoftolis paganas urbes licuic intrare . . . Et imur fi nunc Barbaros illi perfeninc, cnm ▼ideamus i {an€ti viri Barbaros pertolerint. Juftus et Domi- eft jufium judicium fuum, de Gub. lib. 8. cap. 5.
330 DISSERTATIONS ON THE
Schytho-Ibcrian, as of the Iriih or Scoto-Iberian conftitution of regal or princely fucceflion, through a feries of elders defcending from the fame roy- al ftock.
After thefe preambles which I have judged
neoeflary for reafons now made very perceivable
to the reader, I proceed to lay down in the wordi
of Procopius, an author of unexceptionable aedit
on this occafion, the law t>f regal fucceflion ob-
ferved by the Vandalic nation, according as he
found it explained in the laft will and teftameatof
their king Xjcfericus, that unjuft conqueror of
the Imperial province of Africa {t). This hifto-
fian, whom we may regard as an ocular witnefs of
moil of the fadts and feats of the Vandalic war,
fets forth in the cleareil light, that the fundaroen*
taland conflitutional lawsof the African empire,
founded by Gefftic, as enadted ^nd explained in
his
fh) A conqueft is efteemed juft, according to tbe lawi of nations, when made by one independent ioTereigo op- en another, who had been the aggre/Tor, whether by open hoftilities, or by public infults wnich might be ofiertd to him or his fubjeds, and affbdling in any manner the dig- nity of his crown, or the public happinefs of hit people m any matter, wherein the crown or people had a juft right; prorided always, that fatisfaAinn had been previoafly de- manded by the aggrieved party, and pofitively deaicd hj the o£Fender ; this lad condition Is particularly ncceflkry for juftifying the effulion of human blood of either ifide. If no conqueft can be efteemed jud without the conditioiit now laid down, let the reader of Roman hiflorr take a re- f iew of the different conquefts made by the Romans in profecution of their aggrandising fcheme, and then let him confider within what diftance of the walls of Rome, thofe principles of the Jaw of nature and nations auy ob- lige him to Ex the limits of their juft acquifitiou.
LAWS OF THE ANTIENT IRISH.
33«
is own folemn tcftamcnt, cxprcfsly imported, that after the death of his eldeft Ton Honoric the right of fucoeffion to the throne Ihouldat all times be veiled in the eldeft prince of all thofe, who de- fended in a male line from him the faid Geferic, as the common Hock of the family, without re- gard either to the rank or order of the lines, or to the proximity of degree, which the fucceflbr may Hand in, relatively to the laft preceding king (a)f accordingly, after the death of Honoric, his fon Ilderic was laid afide, and the fceptre came into the hands of Gundamund, (who was the fon of Genfo, one of Geferic's fons) the faid Gunda-- inund having then the right offeftiority^ which gave him the firft rank amongfi ail the defcen- dants of Geferic ; extinfto Honorico, in manna Gundamundi, cujus pater Genfo, filius Generici fuerat, fceptrum Vandalicum devenit atatis jure^ quss in Geferici ftirpe principem ei locum dabat-
Procop.
(tf) Haad diu fuperftes Gizericus, grandaevns, deceflit» cohdito ceftamento : quo, pneter alia multa, illud Vand^ Us mandaTit, ut Regnum Vandalicum ei Temper obveni- ret, qui per virihm ftirpem rtSu ferie propinquitatis Gv- xericum ipfum attingens, coguatos fuos date prccurreret. Igitur GizericuSy cum a capta Carthagioe annos 39 Van- dalis imperaflet, fato, uti diximus, fundus eft. Procop. de belL Vandal, lib. i. cap. 7.
Regnum Gefericus filiorum maiimo Honorico reliquit ; annis demum odo Vtndalis dominatus, morbo oppetiit .... excindo Honorico> in manus Gundamundi, cujus pater Genfo, filius Geferici fuerat, fceptrum Vandalicum dc^tnit itiatii Jure, qux in Geferici ftirpe primcipem ei U^ €um dahat ; provedo ad medium anno regni duodecimo^ iniplicitus morbo k vita deceflit ; habenas regni capeftit ThraiiuDundtts ipfius frater • . Thrafamundus, poftquam Vandalis annis viginti feptem imperaflcry diem fupremunv abiit. Procop. ibid! cap. 8.
333 DISSERTATIONS ON THE
Procop. ibid. cap. 8. Thra(aiiiund, who m Gundamund^s brother, fuccceded him by tbe&iK rigti tffemority \ provedto ad medium anno icg- ni duodecimo, Gundamundus implicitus oooiboe vita deceflit, et habenas regni capeffit Tlnli: mundus ipfius frater. Procop. ibid. After Thnb- mund, Ifderic the fon of Honoric, being in Hi turn the tldifi prince of his family, fucoMded to the crown, after his two coufingermans now meo: tioned ; in regnum fucceflit Udericus Honorid filius, ac Geferici Nepos. During the rdgprf llderic, a prince of the fameUood, called Gdt mar, fon ofGelarid, who was the fon of Genib^ fon of Geferic, being the next in age to therei|^ ing king llderic, was confequently known ud confidered as I'mifl or prefumptive fucceflbr(^}. This confideration and light he was held in, bodi encouraged and enabled him to form a party and ftrong faction in his favour ; by the means of which he not only depofed and confined llderic, but alfo committed the grcateft cruelties towards all his friends : a circumftance which greatly fa- voured the emperor Juftinian in the war, by which he both foon put an end to Gellimar's ufurpation, and deftroyed the '^^andalic empire in Africa. When we have compared the Vandalic manner of regal fucceffion, as now defcribed, with the Ta-
nifiical
(^) In regnum fucceilit Udericus Honorict filius nc Gefe- rici Nepus .... quidam h Geferici ftirpe, Gellimar Gc- laradi filius, Geniunis Nepos, pronepos Generici, J9» jprandh natu uno prscedente Ilderico, ideo ad regnum, Qt cziftimabatur, propedieni ' perventurus . . • . ita doroina- turn occupat Gellimar, et Ildericum feptem annos regno potitum cum Hoamere ejufque fratre Evagea in cuilodiam tradic. Ibid. c. 9.
LAWS OF THE ANTIENT IRISH. 333
ilkal law of fucceflion in the old hiQx kingdoms d principalities; wherein the eldeil brother was :en fucceeded by a younger^ and this latter by «phew, and he again by a coufin-gerznan or kercollateral, before the firft brother's fon was ilified to fucceed by right of feniority, the read- will then be enabled to judge^ if a perfeft re- iblance or rather an exaft uniformity be not nd between the one and the other, as well as wera the abufcs, to which both the Vandalic 1 the Iri(h conftitutions have, and muft have en room by very natural confequences. Ovum n ell ovo fimilius.
By this plain account of Procopius we fee with I evidence, that no room has been left for any td of election to interfere in the regal fucceffion jiferic's defcendants according to the tenour his laft teftamentary a£t ; by which it literally pears, that amongft all his defcendants through cries of male lineage, the precedency or fupe- rity of agie was conftitutionally to determine at times the right of fucceffion to the Vandalic one. Ut Regnum Vandalicum ei femper ob- liret, qui per virileift^ftirpem re£ta ferie Geferi- Q attingens C^gnatos fuos atate pracurreret. is was litterally and identically the Irifh confti- onal law of regal fucceflion, according to its nitive inllitution and meaning ^ as it manifeft* pp^rsby that antient axiom of national law find expreifed in the word Sinfearcabt Ftifoigt : »pre(Iion, which though confiding but of two !lantive nouns, has the energy of comprehend* the whole meaning of the following Latin
fentence
334 DISSERTATIONS ON THE
fentence and definition of the Iri(h law of regi! fucceflion) viz. Rex regi« fucceflionis apud Hib^- no8 ea eft, ut Regnum feu fupremum dominuin ei Temper obveniat, qui a prime regis familis patre et Regni fundatore per virilem fiirpem con- tinue feiie defcendens, oognatos fuos ejufdcm fanguinis et cognominis ataie mtecedii ; in Eng- U(h : the law of regal fucceffion amongft the an* tient Irilh was, * that the fupreme power and * dominion fliould at all times devolve to him, « whobeingdefcended through an uninterrupted ( feries of male anceftors from the common fiock ^ and firft founder of the family, preceded in age ^ all his icinfmen of the fame name and blood." Every Irifhman, who is (killed in the antieat Celto-Ibernian dialed of the country, will ac- knowledge, that the two Irifh words above ex** prefled, comprehended the whole import of die Irifli law of fucceffion, according to the above de- finition in the full extent and meaning of all ib words ; Sinfearacbt^ (ignifies not only EUerftrip m Semority^ but alfo Chief tainfbip^ Superiority^ or fu- premacy of power, command and dominion over a particular family together with all its psopjeaod properties ; and the word Feafig whidi figmfia Beard^ being added in the genitive cafe to JSih fearactt^ means that fuch a fupremacy is due to the Eldeft'beard^ that is to fay, to the eldeft roan of the whole family or kindred defcending froAi the fame (lock ; and inafmuch as amongd the did Irith, nobody was ever counted a member, nor could be admitted as chief of any family, witln out being defcended through a feries of male as
cefiori
s
LAWSOFTHEANTIENT IRISH.
ceftors from the founder and ftock of the whole name and progeny; it was of plain and neceflary confequence^ that the chief mufi be of the fame name and blood with all the reft of his kinfmen of the fame family ) it is therefore manifeft, that ihe two Irilh words above written very obvioufly comprehended the whole meaning of the preced- ing definition, exprcfled as it is in fo many dif- ferent words.
Ifthe Salic law had been as litterally clear and explicit in that article which regarded the regal Aicceffion amongft the Franksi as the Irifh and VandaKc conftitutions have been by determin- ing, as above explained, that befides the condi* tion of feniority , that of being a male, who was defcended from the common (lock by a feries of male anceftors, was abfolutely neceflary to con- llitute a right of fucceeding to the aown; it Would have prevented that horrid and long con- tinued efFufion of Chriftian blood, which was oc- cafioned by the famous contell between Edward Illd of England, and Philip de Valois of France after the death of Charles le Bel : when the faid Edward pretended to the right of fucceflion, as being the Ton of the deceafed king's fifter, Ifabelle of France, and confequently nearer in blood than Philip de Valois, who was but a coufin-german, a paternal uncle's fon to the faid king. Con* fronted with the text of clear and litteral evidence concerning the fundamental law of regal fuccef- fion in the French monarch, fuch as that of the plain words in which the Irifli and Vandals have delivered their own refpe£tive laws of the lame
nature I
3iS
336 DISSERTATIONS ON THE
nature ; Edward would not in the face of all Eu- rope any longer infift, as he did, upon pretend- ing, that a right of fucceflion could have been de- rived to him from his grand father through the perfon of his mother. But as the Salic law con- tained no text, by which Edward the third's claim may with any evidence appear to be ill ground- . ed, it was very natural, that he and his fuccefibrs (hould perfift in the fame claim, without acknow- ledging any fuperior judge, who could have a right to interpret that law to their prejudice, efpc- cially, as Edward the thirds though afeodalfub- je£tof the French monarchy, did not think pro- per to fubmit to the judgment of the twelve peers of France on that point.
Theoderic the firft, king of the Oftrogothfi in Italy, by the teflamcntary difpofal he made of his crowh in the year 526, gave much a clearer interpretation than ever was given by the Franks, of the original intent and nature of the regal lav of male fucceffion amongft the different people of the Germanic nations. That great monarch had no male idue of his own body, nor any other natural heirs of his crown, furvivingat the end of his days, than twograndfons, one by his fecoad daughter, by name Theodegotha, who was mar- ried to Alaric the fecond king of the Vifigothst and the other by his third daughter, the celebrat- ed and unfortunate Amatafontha, with her firft hufband Eutharic Cillica of the fame family and flock of the Amaleans ; another grandfon by his eldcft daughter Oftrogotha, and her hufband Sigifmund king of the Burgundians, had been
unnaturally
LAWS. O.F THE ANTIEMT IRISH. 337
inaturally put to death by his father three years Fore that of Theodoric ; this I only obferve by the bye ; for this Burgundian prince, had he •Ten furvived his grandfather, cuuld have no sigbt or chance to fucceed to the Oftrogothic ctown, as we (hall fee by the following teftament- auy .a£t of old Theodoric ; this monarch, agree- mUy to the fundamental maxinu of government mnd law of fucceflfion, primitively eftablifhed in his own and probably in every other royal family of the Germanic nations, prefented at the end of his days to his nobles and people his grandfon Atbalric as his lawful fuccefior ; not as being the fon of bis daughter Amalafontba, but as a de- fcendant through a male line from the common ilock of the family by his father Eutharic i ex- cluding .at the (ame time Amalric, his other grandfon by his elder daughter and by Alaric king of the. Vifigoths, as being of a different na- tion and iiock called that of the Baltes ( thou^ both were only two feparated tribes of one and the fame Gotho-Vandalic people ; the French writers (eem to be very little apprehenfive^ that the Jaw, of male-fucceffion has been better ex- plained in the ftatutes and maxims of fo many different nations, than it was in the Salic law.
Before 1 have done with Geferic's teftamentary law of Regal fuccelfion to be obferved by his pofterity in the African monarchy I (hall t^e notice that it is not to be imagined that a prince of his capacity and experience, would have under- taken to eftabliOi fuch a law in bis kingdom, if he had not known it to be agreeable to the fpi^
Z and
33« DISSERTATIONS ON THE
. and manners of the Vandalic people, as having been of antient inllitution in their nation ; tboog|i perhaps either partly negledted, or abuiively pnc- tifed during the courfe of their adventurous emi* grations out of the country of their origin. G^ feric, who muft have had his turn in the (on' reignty cither by virtue of tha| law, or by ufiarp- ing fome other n>an*s right derived from afiiperi- or feniority, might in all likelihood have made no other change in the primitive difpofnion and courfe of the faid law, than that of laying afide
for the future all his collaterals and their pofttiitjf und limiting the right of alternate fuoxffion lo his own defcendants, according as their fenionij (hould by the courfe of nature refpedtively cxM them to fucceed to the crown; and this new# pofition he might indeed have judged hinotf juftly qualified to make in favour of his own pof* terity, as he was the founder of the kingdom he committed to their care and government. If tint monarch had introduced a new and unprecedented law of regal fucceflion in the Vandalic narioDi accufiomed as thofe people were to a great (hare of liberty, as well as to tumultuous rifings and blood- "Ihed, it could not be cxpedtcd, that they would have fo [peaceably fubmitted and reconciled ihcm* felves to it as they did for fo confiderable a time after Geferic*s death ; and the refpedlful acqmef- cence of Gel'eric's pofterity to the difpofxtion of that law, is particularly remarkable in Ildcric, who notwithftanding his quality of being the dire^ft heir of Geferic by his eldeft fon Honc^c, a£led without complaint or difturbance for almoft
forty
LAWS OF THE ANTIENT IR.I«H. 339
forty years during the reigns of his two coufia- germans, before his degree of feniority entitled him to fucceed. I (hall add, that if Procopius had found any thing of extraordinary iingularity or novelty in that law^ it is not likely, that fo judi- cious a writer would have paflcd it as he did* wiihcut fome animadverfions. Nor is it very likely, that Geferic would have even imagined fuch a law^^as ^either expedient or pra^icable in his days, if he had not received it from his an* ceilors, as being agreeable to the primitive maxims and praftice of their nation. Neither would Pro- copiifis have affured us in the fame hiftory^ tha^ all the Gothic tribes together with the Vandals observed the fame laws and cuftoms (a) as well as they fpoke the fame language, and were all of a like manly ftature and fair complexion^ if he had found any thing Angular in the Vandalic law of fucceifion^ that may render it obfervably diffe- rent from that of the other tribes of thofe north- ern people..
Abufes indeed and Various infringemi^nts bf
. the primitive law of fucceffion are very obferva-
ble both amongft the earlieft fucceifor bf Alaric I.
Vifigothic king, and conqueror of Rome in the
Z 2 year
(a) Plurimse quidem fuere fuperioribtis ccmporilnu hoii* cque funt nationes Gothicc, fed inter illas Gothic Vandaii, Vifigothi et Gepides cum numero, turn dij^^itate pHbftant
TOcabuHs quideni) ut did^um efty nulla vero pm*
terea re inter fe di^Ferunt. Cutis omnibus Candida, nava Casfaries, corpus procerum, facies liberalise csedem legesy eadem facra, Ariana fcilicet, una demum lingua quam GotBicam appellant, ita ut ad unam univerfi gentem per* tinuifle quondam, ac fuortxm deinde ducum mfcretos no* minibus fuifTc exiftimcm. Procop.g^pll. Vand. lib. i. cap. i.
340 DISSERTATIONS ON THE
year 409, and among thofe of Athalric the gmd- Ton of the above Theodoric, firft king of tk ' Oftrogoths in Italy. Vttiges was tumoltuooily k up as a fucceflor of Theodat, Amalaibntha's ft- eond hulband, to whom, it feems, he had beoi either mafter of the horfe, or captam of b guards. Nor is it known, that he belonged ■ «ny refpedl to the royal family of the Oftrogodi^ the fame thing in all likelihood may we fay of b twofucceffors Evaric and T otilla, whobemgdnlei ' in a like manner by the Oftrogoths, during didr defperatewarsagainft Juftinian's twoableg^ioilii Bellifarius and Narfes, had in fuch circtmrfliDis no need of any other quality or title to the fo1^ reign power, than that of being braye wanioii, and ikilful commanders of their national troop. And as to the fucceflbrs of Alaric, firft kiq; of -the Vifigoths, weiind plain marks of vMencettfl party-bufinefs in the courfe of their focoeffion. In Profper's chronicle we fee, that Ataolphis, Ac I immediate fucceilbr of Alaric, was murdered tt | Barcelona by fome of his people in theyear4i5Wi ' and that Sigeric, who wasfet on the throne aftef him (as Ifidore of Seville informs us Hift. Godi. p. 614.) together with other pretenders, were difpatched after the fame violent manner by Wallia, who was fuccceded by Theodoric I. io the year 41 9; the manner of whofe fucceffiool find no mention of, nor by what right he became fovereign commander of the Vifigothic nation
after
(h) Ataulphusaquodam fuorumvulneratos interiit,re^ numqne ejus Wallia peremptis, qui idem cupere inteUigC' • bantur invafic Prafp. faft, ad an.415.
LAWS OF THE ANT/ ENT IRISH. 341
after the faid Wallia ; it may not feem unlikely, that during theunfettled ft ate of thofe Barbarian, adventurera of the Germanic nations, they roi^* have judgpd it more, expedient to obferve thati antient maxim of the old Germans, Duces ex Virtute fumunt, (as remarked by Tacitus d^. MoriU Germ. Num. 7.) by contenting themfekrea, with being: under the guidance and commasKi) of able captains, veiled with all neceiTary powert without minding in fuch circumftances that otbefj msociro,, reges ex nobiliute, mentioned in the fiiinti place i and by which it appears that the Gerniaoax were antiently accuftomed and limited to receivat their kings out of particular families of noble or ^ princely diilindtion in their refpedive oationa:; white th^r general captains, or chief commanders: wanted no other qualification' or title, than their. own merit and abilities in military affairs. By thcj Iberian conflitution above explaii^ed it would feem^ that that antient nation, whecejd their chief gene^ ralsfucGMded as regularly as their kingj!^ looked; upon the office of chief commander, of the- army, aa almoll of equal neceffity with the foveieigrj, authority of their monarchs; according ta the? fame maxim the Gothic tribes during their unfet- ded and alarmii^ ftate, might have judged, that; able captains vetted with fupreme military power, were more fuitable to their circumftances than no- minal kings taken out of one particular family,, efpecially, while they had no fettled kingdoms,, which may give them a real title to the r^al dignity. And thofe German nations were the more free to chufc this expedient, as they were
not
34X DISSERTATIONS ON THE "'^
not limited to any particular family for the (ys l^"^ of their chief captains, ^s the Iberians were b} their niational law, which obliged them toreom their chief commanders out of the royal family.
For the further fatisfadtion of fuch readcn o{ modem hifiory as might have received impreffioos of prejudice againft the law of fenior-fucoeffioa either from Sir John Davis, or any other urriter} before I come to the conclufion of this chapter, Lfliall make a (hort refearch into the French tod Anglo-Saxon hifiories, after fome Veftigia of die fame antient law, whi^h I apprehend may be very pbinly found in both one ieind the other of thofe two German nations, as well as amongft their countrymen the Vandals. I (hall begin with the Franks, and by a (hort refearch into the earlieft monuments of their hiftory, (hall fairly examine if the right of feniority appears to have beeii any way regarded or obferved in the courfe and man- ner of their regal rucce(non. In this enquiry I have reafon to promife myfclf fome light frcm the niature and motives of the horrid condud of Clovis king of the Saiian Franks towards his iteareft collateral kinfnrien of the fame blood, who were" at the fame time kings of different tribes of Franks refpedtively, all independent of each other, as well as of Clovis, and yet were cut off by him cne after another in the mod unnatural and treach- erous manner. I (hall firft give the reader a con- trafked view of this bloody fcene, and then point out the motives and views of its adtor, as they (hall naturally prefent themfelves from the very faAs, according as they are related in hiftory.
Gregory
Laws of the antient laisn. 341
Qnffoy of Tours informs us (a) in a full and ^cumftantial detail, that as foon as Clovis had ctteoded his conquefts, and thereby became more powerful than any of the other jcings of his nation, ^ beftowed all his time and attention upon the Sanguinary talk of flaughterin^ and exterminating tlie feveral princes of his o^n bloody and then |)oflbffing himfelf of their r^fpe£tive kingdoms.
Ht began with Sigibert kii^g of the Ripuariaa franks, who was the moft ^onliderable amongft them, and whofe fon Cloderic was wicked enough to perpetrate the horrid murder of his father, at the (hameful inftigation of king Clovis, who had re* duced him with promifes of concurrence to procuie him the fucceflion of the RJpuarian Crown : but by a jufi judgment it foon Appeared, that it was not for h'unfelf the unhappy parricide had vacated his father's throne. Clovis being fpeedily in* formed of Sigibert's cataftrophe, fent 6ff two of his blood bounds towards Cloderic under the pre. tended cbaradter of his agents or ambafladors for treating with him concerning their common inte- reft, who purfuant to their inftrudtions loft no time in difpatching away that ill-fated prince after his father ; what one of them effe&ed by dafhing out his brains with a ftroke of a battle-ax, while he ftooped over a cheft in which his father had hoarded up a large quantity of gold coin. Thofe two Ripuarian princes being brought to this tragi- cal end by the contrivance of Clovis, he loft no lime in aflembling their fubjedts i and was fuc*
cefsful
M C^f^g- Turox^ lib. a. c. 40^ 41, 42.
344 DISSffltTATlOM'S OU THE
cc&fiil enough to perfuade them, thit he wtt'u way acceflary to that miirddr, aHedgiffg'-aAM| ottKT reafons for his juftification; that it wis qidli unnatural he (houdd have been giitlty of fo horrii an aA as that of fpiliing the blood of' hit on nearefi kinfmen. Ill a wdfd, the aflbrelaMa«f Clovia made fuch an imprelfion oh ' the raiiidi- dt thfcltipuaHans, that they acdeptM' the^ ofiv K made them of his own perfoh for thenr foverdgit and confequently proclaimed him Idng^ by tlik ceremdny of lifting him up^ on'the large biiddet •ec6rd)ng- to the cuftom of their nation.
Cararic another prince oF the (ame family nd king^of a tribe of Franks, who; .accordingiotltK judgment of Abbot Dubos, inhabited the tountm comprehended between Bologhfc^ St. Onier, ind Brugges with their environs, was the nekt that til vifkifh to the ambition of Clovia ; whd firfl de-. pofed, tonfuredj-and obliged himfeiralld^ his foo to* become ecclefiaftids, the former a prieft and tk latter a deacon ; and afterwards put them boA to death, without refpefling the facred charader they were vefted with. After this facrilegious ct6 cution, the fame Clovis fell upon Ragnacarius king of Cambray, another near kinfman and prince df his blood ; whofe fubjeAs being bribed, or ntther being bafely lured by Clovis with deceitful pr^ fents of brazen bracelets (lightly waflied over with gold, nnioft tr^icherbufly betrayed their king ind his brother Ricarius, and after having tied hii their hands behind their backs, prdfented them to the bloody minded Clovis, who did not fcorn to become their executioner, difpatching them in that
fame
, AW3 OF THE ANTIEMT ItllSH. 34^
Mfpoftilrt each with one huge ftrolbe of hisifii- qpUttchet funk> deep into their brains. ThoAi iniifaiappy princes bad a ' brother calkdRegno-^ r, wix>* Dlraa king of another tribe of Franlor latttmg the prorince of Maine». and wfaom- ifia^vcry ipeedily brought to the fame trai^kad livrith^hii'brothereand kinfmen above! men ti<»i«' . Gfegorf ' ctf Tonri very plafaily givtt us ttf krfbmd; that Clovis had* cut oiff (a) mMaf m princes^ who were likewife of his neareftr ifittn of the fame royal family; and adds^ thil^ er s£dng out that' bloody foene, he aiffi^fted iif iftmilikr fpeechcis^to bemoan his own unhappj^ iiatioa'in being deprived of fo many faitlrftil ends atid alEes, ^m whom, according td tlif f of bltod| he may naturally MpeA' affiftadcdf jiioSt his eneniliet in time of need : but all thii^ ^tthat Ufldrian^ was But mere fiction and deceit, Iculated for decoying into his murdering gins' ' hoptirof ibeurity fome other remains of Us* ifmen, who rill then had efcaped his fanguinary rfuitst' We (hall find notwithftanding, thaf ne princer of the fame blood furvrvtd Clovis; 1 ffiUexiftied in the time of his immediate fuc* Ibrs;
n) lotbrfffaifqtte multit Regibas et piu^tibas fius prtnus ^nibos Zelumbabebat, ne ei regoum auferrent, regniiiti m per ecus C>allias dilatavit : tamen congr^atis fuit ubun Tice diiifle fertur de Pafentibus qctos ipie perdi* tt-: TC mihi qui tanquam peregrinos inter eiceros rft*' ofi* et non habeo de parentibus, fi mihi venerit adrer« ly qui poflic aliquid adjuvare. Sed hoc non de morte am condolens, ftd dolo dicebac Greg. Tur. hift. lib. «p.
346 DISSERTATIONS ON THE
Now with regard to the views of Clovis in Ui horrid and unnatural condudt towards all his col- lateral kinftnen ; it is very evident, that their im- mediate objedt was his own aggrandizement hj the enlargement of dominion and encreafe of power : and this he plainly compafled by hivii^ cut off all the other reigning princes of his fiuu- ly. But that Clovis had other views regarding futurity and the intercft of his own polterity, ip- pears* equally evident from the above-mentioned drcumftance of his jealoufy and uneafinefs of mind at finding that fome of his collaterals of die fame family had cfcaped his bloody purfuits, and fiill furvived the maflacre of the unhappy Idngi and princes, whofe names I have recited aa tkej are recorded by our author. To underftand the nature of thcfe remote views of Clovis, and the caufe of his jealous apprehenfions with regard to his furviving kinfmen, we muft firft lay down and confider fome few principles and maxims, vbidi were of confiitutional force and natio^I obferr- ance, amongft the Franks, according to the beft accounts we have of their antient cuftoma and inanners, fince their firft fettlement in Gaul.
The firft, that the Franks in general, divided as they were into different tribes, acknowledged but one royal family, out of which each tribe 6f them was fumtftied with a king. This maxim of adherir)g to one particular royal family feerm to have been obfcrvcd by their German nations, while the whole aggregate of their tribes con- tinued to form but one national body or confede- racy : for whenever it happened, that they had
entiidy
k
. AWS OF THE ANTIENT IRISH. 347
irdy feparated fo as to have formed themfelves 3 difiercnt nations ; in that cafe, they alfo had ir difierent royal families, in which the regal bcffion was perpetuated whether by mere eledi* or otherwife. This feems very apparent from yAoife cited account of the difpofition made by iBodoric, the firft Oftrogothiq king of Italy h regard to the fucceffion of his crown, to fch he preferred his grandfon Athalaric, as be- [the fon of an Oftrogothic prince by his fecond dieter, before Amalaric his other grandfon, banfe Us father wasa Vifigoth, tho' his mother A Us eldeft daughter and natural heirefs; that' the Franks, however feparated into different leii acknowledged but one royal family out of idi they receiveid their kings, appears to be an doobted matter of fa£t by the above tragical Ition of Gregory of Tours, who obferves in cral places, that all and every one of thofe ■Qcickingp, who had been murdered by Clovis, Ire his own neareft kinfmen of the fame blood ; Kt hchimfelf even aflfedted to mention as often 'the bccaiion offered, efpecially for promoting I own ends. In another pafiage of the fame dioranterior to his account of that bloody fcene |idi was adted by Clovis, he expref^ly mentions it national maxim of the Franks having but e royal family : and adds, that the fame (hould nher appear in the fcqucl by the hiilcfry of xhe\ d king's conquefls {a).
Another^
^a) Tradunt enim mulci eofdem, Francos, de Pannonia Be digreiTos. £t primuxn quidem litora Rheni amnis
incoluiile :
34fr DISSER-TATIONS ON^THI
Another muunr of national law among the Branks was, that in tfadr feveral tribea and o^ lonies a popular eIe£tion always interfered in keep* ing .up the regal fucceffion by. filling^tbe tbrooeof fupreme command. It is what Gregory o£ Tom plainly expre&s in' the above cited wordSi jiott pagps vel civitates regcs Crinitos^fuper feacavife At thofe eledting affembliesi the particular choice made of the ele£ted prince was fignified not ooiy by loud acclamations, but by a> general beat of bucklers. inftead of drums, according, to the ctf. tbm of all the (jermans'(ii). And me inat^nnp tion was performed on the fpot by, raifing the dedted king upon a large (hield in figbt of tk whole aflembly, as appears by the above citeddp ample of Clovis, when the Ripuariaa Frukt diofe him as their fovereign king^ after fignifyjiig their confent and approbation in thc^abovo-iMh tioned manner by a gjcneral refound bodi of tfadr voices and bucklers (^). This fame ceremony of regal inauguration was^obferved in like manner bv the Goths, as may bo particularly feen- in Cai- fiodore's account of Vitiges fucceflbr of Tbeodaty the hulhand of the unfortunate Amalafonthi.
AlUid
incolnifle: dehinc traniaAo RJienOy Tongriam traafmeaft: ibiqoe juxt^i'pajos rtl ciTftSiles Reges cnifitos fnperfe ere* a^ifle^. deprimat et utita dicam» nobiliori fitommfonQa. Q^od poftea probatuoi TidorixClodoTCcbi tyadidere, idqoe ill (iqtitiiti digerimos. Greg. Tnr. hifti lib. a. c. 9.
(a) Si difplicuit fententia,fFemit«'a({>eniaBtarsfin plt- cuity frameas concutiunt ; bonoratiffimam Aflenfos gami di armis laudare. Tacit de Morib. Germ. cap. 1 1..
(h) At illi ifta audientes, plaudentes urn pabnis qnam Tocibos, cum dypeo eredum fupcr fe Regem conftimunc Gtrg: Tim hift: lib. 2. cajt. 40.
AW8 OFTHEANTIENTJatllBH. 3^
.iKifd national maxim x>f the Franks mm^ JO' cbufing their kings, they (hewed no parti«- r regard to any right that naay be cUtm^ or by the firft-bom of the feveral branches of r reyii family, or by the dire£t heir of the laft ining prince, unlefs he wore otherwtfe well qua- d ; and that maturity of ^age joined with mili- F experience and perfonal merit in any prinoe df rqpil iiock, whatever line or branch he may rf, >were the qualificaiions^and conditions that omined their choice, as being pre-requtfites of tfpeilfable neceffity in the perfons of iall com- oders^ military ftates, fuch as diofe of the incic tribes, who were generally engaged either I defenfive or o&nfive war with their neigh* irs, «nd whpfe iking feldom difpenfed them- ta from marching againft the enemies at the d of thetrown; forces. That the Franks al- 'ed no'paniciriar right or privilege to the firft n or diredheir in the order of lines and' birth, oogft the. ftveral princes of the royal' family, (hall find demonftrable from plain matter of t, when we come to treat of the fucoeifion of fons of Clovis, anid their defcetidants. Ni^, n feveral hiftorical fa£ts, I think we may find m to doubt, whether it was the general fenfeof Franks after the time of Cbvis, lUid during firft and fecond race of their kings, that the uted heirs of the crown (hould be allowed Mf U either of power or property, beyond what y be called merely prefuniptive or expe^tive, ore they came to fuch maturity of ageaa may orally qualify them for exerciQng the functions
of
3S0 DISSERTATIONS ON THE
of the regal dignity. Of this national maxim of the Franks, we (hall find very plain veftiges in their hiilory, traced down even as late as the b^ ginning of the fifteenth century.
As to the maxim of allowing no particular right to the fon or natural heir of the laft reigning king, the real obfervance of it amongft the pri* mitive Franks may, I think, be inferred withi good (hare of evidence from the mannner in whidi we find the regal rucce(rion carried on fromQodioa the firft king of that nation, who made a perma- nent fettlement in Gaul down to Clodowic or Clovis who was his third fucce(ror, and the firft founder of the French monarchy. Clodion after his fir ft fettlement at Difpargum (a caftle near Tongcren, or Aduatuca Tongronim, as is fup- pofcd) furprifcd and po(re(red himfelf of Toumiy and Cambray {d) towards the year 445^ according to the computaxion of Sirmondus and Petavius. (e) Meroveus fucceedcd Clodion towards the year 448, according to Prof per 's Chronicle : and as to this fucceflTor's lineal defcent, fo far arc wc from being grounded to think him iflTued from Clodion, that by the exprelTion of Gregory of Tours, we are left in a doubt, whether he was even of the fame particular line or branch of the roytl family (/). Mezaray is of opinion, that Mcrovcui
was
(d) Greg. Tur. hift. lib. 2. cap. 9. Ge(L Franc, cap, $. Duchefne, torn. i. p. 699. Vit. Rem. Ouch. Fo.i. p. 514. (#) Sirmondus in notis ad Sidonium. f/) Petavius Rat temp. lib. 6.
>
AW8 OF THE ANTI£NT IRISH. 351
the guardian of Clodion's two fons, whofe KM he fuppofes to be Clodobaud and Clodomir. 10 the opinion of fome writers, that Meroveus
that young prince, fon of a king of the nks, whom Prifcus Rhetor (g) mentions to e feen at Rome towards the year 450, from »ce they conclude, that he was the fon of king dion, the inconfiftency of it is plainly de* aftrated by Abbot Dubos, vol. ii, p. 86. 4ow with regard to the fecond fucceflbr of idion, who was Childeric the fon of Meroveus^
iirft account we have of his life is, that the inks, who were his father's fubjed\s, banilhed n out of their territories for the excefs of his baucberies : and that far from allowing him any terent right of fucceffion, as being the fon of ar laft king, they eledted Egidius the Roman Utary conunander of Gaul (Jb) as their fole king d fovereign ; who continued to reign over them, tn after Childeric was recalled, and reigned al- ys in good underfianding with him according to I fame hiftorian, who plainly gives us to under- nd, that they fought in concert with each other i\n£t the Viligoths and the Saxons, the latter ng commanded by their Adoagrius, near Or- nsin theycar464 (/). And for further evi- nce that the Franks, who were fubjcdls of Clo- m and Meroveus, chofe their kings without any
regard
9) Prifcus in Ezcerp. Icgat. P- 3^« !f) Deniquc Franci hoc cjcao, Egidium ilium qnem fupe ^ \ Magiftrum miHtuma Kcpublica miflum dtximos, fibi nimiter in Regem adfcifcunt. Greg. Tur. hift. lib. a. c. 1 1 . 0 G"«- '^^^' ^^^' ^*^- *• ^*P* «^-^iA Abbot Dubos, 2. p. 312.
deric the fon of the latter was only kti] nay^ a fmall (hare of the (aid conquefts
ttnd which was Itkewife the only ivim rather the military benefice of Clovia ginmng of his reign, as (hall hereaftx particularly obfcrvcd.
Through the clear medium of th national maxims of the Franks, we i difcem all thofe views and moiives
c.which regarded futurity in his horric
< tural plan of cutting off all his collate bf the royal family. That ambitious I
' to enfure the fucceflion of his crown an to his o>^n fonsand their defcendants knowledge of the general maxims an(
'Franks, as above explained, he wa vinced that every prince of the fame b ever line or branch he may be of, ha< chance and expe£tative right to the fai
.^ as his own fons or their offspring.
' that in the fame manner, and by tl
• /• • f J
(OV T.HE AKXtE^VT IRIffH. n$
dfe two>king^ ; (o may his new aoqd* [tfpofei^of after his death, in favour of 8.88 the feveral tribes of Franks whom ughf under his fubjeAioA, might jud^ iring of their refpeftive crowns and go* , Without allowing of any prior right M may claim from the merit of their ikquefls. Clovis was likewife fenfible^ hould happen to die before all his font \ at the maturity of age that was re- HTcreign commanders according to the w of the Pranks j any of them that I deficient in that refpedt could not have ance to fuccecd him in any fhare of bit in quality of a king, while there re* y other prince of the royal family, who and niilitary experience had been qua* icercife the fun^ions of the fupreme
I remove thofe feveral caufes of danger ainty with regard to the future ilate of lat t^iovis conceived, and almoft com* x:uted the horrid defign of cutting off ^ his kinfmen, from whom and their le had room to apprehend an oppofition 0 his own aggrandizement, but alfo to eftabli(hment and regal fucceffion of his ofterity. Clovis however had not long e dominions and treafures of his mur- men, when he was called to an account great iudge in the 45th year of his age^ t had finiihed that bloody wosk, as ap« the plain words of Gregory of Tours,
Aa ^t
354 DISSERTATIONS ON THE |.>
iw
at the clofe of his hiftorical recital of that tnp- dy (41) ) but as to what that ambitious kingU promifed himfelf from that violent ezpedieat in JFavour of his fons ; it had indeed fo far itsdefind efFea with regard to them, that they were tbodif left at full liberty to poflefa themfelvea of all dn father's dominions, which they divided betwoi them with common confent and without contm), ^at leaft without any efleftual oppofition at tbi lime from thofe weak remains of the royal farailjf, ■who had efcaped the general maflacre.
Another circumftance was indeed very parM- larly conducive to the peaceable fettlement of the fons of Clovis, as it had been likewife moft effix* tually favourable to himfelf in all his undertakingi for the enlargement of his dominicma. The circumftance I point at, was the intereft, wUdi the bifhops, and all the orthodox Chriftiaos of Gaul had in oppofmg fome powerful barrier to the progrefs of the arms and oppreflioaa both of the Burgundians and the Vifigoths, whofe kings were not only zealous votaries and defenders of the Arian herefy , but alfo profeiled and violent ene- mies of all the true believers of the divinity of our Saviour Jefus Chrift. Evarix or Euric the Vifigothic monarch, murderer of his own brother and predeceflfor Theoderic the Second, and for fome time a cotemporary of Clovis in the begin- ning of his reign, (hewed himfelf the moll fanguine
of
(a) His tranfaAis, apud Parifios obiit . • . migraTit aatem poft Vogladenfe beilum anno quinto : faeruntque omnes dies regni ojus triginca anni ; setas tota qoadraginta qain- quc anni. Greg. Tor. lib. a. cap. 43.
LAWS Ot THE ANTIENT IRISH. 35s
bf all others in carrying on the antichriftian work of <::ruelty perfecuting the Catholics in general. •* The inferior clergy he committed to clofe con- •• iinement ; of the bifhops he exiled many, land *• put others to death ; thofe of the laity who diliinguiifaed themfelves in oppoflng the pro- grefs of his heref);, he ordered to be bc- **' headed ; and for fupprefldng all Catholic ^^ communion of public prayers, he nailed ^* up the churches and all places of divine ** worfhip (^;." I only tranflate the words of Gregory of Tours : An earlier writer than Gre- gory, 1 mean the .pelcl>rated Sidonius Apollinaris biihop of Clairmont in Auvergne, one of our moil noted Chriilian poets, in a letter he writes about the year 47 5 » to Bafilius fuppofed to be the bifhop of Aix, concerning thofe perfecutions of Evarix, efpecially againft the Catholic biftiops, after obferving to his friends that that king (hewed himfelf not more intent upon enlarging his domi- nions, than propagating his herefy upon the ruins of the Catholic religion in thofe countries, wherein he had eftabliflied his military command, con- cludes with this remark, that upon the whole of his condu£t it would feem doubtful, whether he (hould rather be confidered as the king of his nation, than as the chief of his fe^. A (harp but juft reflection worthy of the great Apollinaris,
A a 2 and
{h) Hojus tempore Evarix Rex Gothoram ezcedent . . • tnmcabat paffim perverfitati fuse non confentientes. Cleri- cof carceribus fubigebat. Sacdrdotes vero, (fipifcopos fc.) alios dabat eiilio, alios gladio trucidabat : Nam et ipfos ficrorom templomm aditas fpiab joiferat obferari. 'Grrf. Tur. hift. lib. 2. c. 25.
356 DISSERTATIONS ON THE
and not lefs becoming his Chriftian zeal as a bifliop, than his judgment and experience as a ftatefman *. Happy for both the temporal and Spiritual peace of mankind in our daya^ that the kings of the prefent age are fo well advifed and inftrufted by the hiftory of paft timea, aa to fliew themfelvea much more ambitious of ^e dmn&a of juft and wife rulers^ than that of dtber pro- pagating their own religion, or perfecuting the folbwera of any other, were it even of die lateft
growth . *
But to return to Clovis and the viewa of the
orthodox Chriftians of Gaul with regard to him, that prince, who fucceeded his father at the time thofe Vifigothic and Burgundian kinga were dm carrying on their perfecutions againft the cathofics, was but a mere Pagan in point of religion, free in the mean time from all difpofitions of quarrelfing with the Chriftians on the fcore of thrir religion, while his heathentfli priefls were equally remote * from forming any claim or pretenfions to poflefi themfelves of the Catholic churches or their revenues ; which was far from being the cafe of the Arian clergy. Thofe were ilrong motives for the orthodox Chriftians of Gaul to favour the progrefs of Clodowic's arms, and to fricilittte in all refpefts the encreafe of his power, whereby he may be able to ballance, if not dieck that of die
perfecuting
* Sidonias was the fon of a Prctorian Pkrfed of Ganlf ander the emperor Honorius ; he was made Prefied or go* Ternor of Rome by the emperor Athemioi, who after- wards created him a Patrician, and was fobfequently em- ployed upon di£fcrent embai&ei of great toiportaace.
LAWS OF THE ANTIENT IRISH. sff
perfecudng kings aboveihenttoned. But befide thil tnotivey the Catholic clergy muft likewife have :on(id^red and forefeen, that Clovis being but a [imple and unprejudiced Heathen, may be niore safily converted to the orthodox faith of Chrifl^^ than thofe Arian kingy hardened and obftinate ai they were in their herefy, and violently prejudiced It the fame time againft the Catholics. Subfe^ quent ^ents proved the wifdom and found judg* ment of the Catholic clergy on this occafion. Clovtfi became a convert to the orthodox faith ; and Gundeband the Bui^undian king, nbtwith- ftandtng the confiifion he had received at (ttihg feme of his ableft divines convinced and converted * by the conference of biffaops, wMch he agreed to be held at Lyons in his prfefence, {a) remained obdurate to the end of his life : though being at laft convinced of the errors of Arianifm, he offer- ed to abjure it in a private manner i but a public abjuration being infifted on by Avitus the bilhopl of Vienne on the Rhone, that unhappy king died in his herefy and fins, Andbchus-like, againft the light of truth, the inward codvidtioh of his mind, and the preffing dictates of his confctence (b).
Abbot Dubos, after explaining and fetting forth in a very advantageous light thofe views and ex- pe^ations of the Catholics of Gaul with regard to Clovis, confidently infers from the tenor of a- letter, which Remigius bifhop of Rheinis wrote to- that prince foon after his acceflion (as that authbr
thinks)
{a) Collado Epifcop. coram Rfg^ Giiaclebaado ix| bper. Gneg.Tur. p. 1322.
(^jGreg.Tar. Hift.Ub.a.
358 DISSERTATIONS ON THE
thinks) to the throne of the SaKan Franks efb* biiflied at Tournay, that the bifhops and dwf citizens of thofe provinces of Gaui which «cr ftill faithfully obedient to the Roman empire, look upon . them to inveft Clovis with the d^it; i Magiiler Miiitum, or chief commander of te Roman army in the faid provinces: aflbringAcfr fclves, as it may be fuppofed, that theorieotil emperor Zenon, when informed of the pfcffiog exigencies of iheir affairs, would a(^)rove tod ratify that meafure, as they, had judged it of a- treme neceflity both for their own I'afety and tla intereft of the CathoUc religion. But how lU we reconcile this inference in all its circumftaooei with the plain context of that letter, and efyccaSj with its preamble* wherein the writer gsoundi b congratulatory compliment to Gbvia upoB a bire report } I^emigiuat who for the fandity of his life as well as the luftre and antiquity of bis fee, vu univerfally refpedted in his time, as if he bad been properly the chief or primate of all the bifhops of Gaul, could not but have had furer information than that of mere rutnour or hearfay of what may regard the military dignity Clpvis tsfuppoTed to have been invefted with, if it really had been conferred on him either by the bifhops and chief citizens of thofe obeying provinces of Gaul for the intereft of their religion, or by the emperor ^enon at their recommendation and requeft ; the bifhop of Rheims being the mofl eminent of all ihofe prelates, and not lefs intercfted in that or any other mcafure of common concern, muft doubtlefs have been consulted by them upon fuch
an
IWS OF THE ANTIENT tSLlSB. 3S9
»Uion : at leaft, neither their own refolutkm r rour of Clovig^ nor their negodation with the '^ iror to the fame end, could have efcaped th^ » ledgp of Remigiui, whofe penetration and • nent was equal to hia xeal for the Catholic -: f and confequently for pconu>tti^ every mea- \ iiat may tend to its proTperity. le obvious and natural fenfe of that letter ' rts indeed, that Remigius makes his compli* : s to Clovis upon the common report of his tg taken in hand the adriiimftration of ilie.: iry diarge, which was attached to^his benefifib . ^ Kog af the city of Tournay and its annexed ^ oriest and gives him at the fame time very. ^ ifyadviceafor biajuftand fuocefsfnl conduct * X admtniftration ; f uch aa in the fir ft place ; to :are, that his faid military benefice (hould not efiled with exactions; and in the next, to ur and xefpeft the Inlhops of his dillri^s, ^ ng him,, that while he kept in good under- ' lii^ and harmony with the Catholic prelates, ay promife himfclf all forts of facilities and ft in the execution of his office. The reader take notice, that thofe military benefices, as fa been obferved in the preceding chapter, granted by the Roman emperors as the fti- ' or pay of the foldiery, and their com* _ lers ; and the feveral nations and tribes of irians, who in the declining fiate of the em» vere employed as auxiliary troops during the 1 and fifth centuries, had certain territories led to them as their military benefices, wherein rfa at firft they had only the right of receiving
, apart
3^6^ DIS8SI.TATIONS: ON XHX
a port of. die ftate^revetiiies,. and: the fniili of (bme lands at the hire of their fervicev vhhoor the leaft power or part in the civil adiDimftntioi, thiey ufurped by degrees bodi • the! dvil and the miUtary power, arid, thus affiisiing at kft all tiiD rightB of loverdgnty, ete6tfd':theaifelv^ asibr foluteand independent kings:: wtet (ban ooa- fioned the utter fnbverfion ofi the ocddemal dih pire.
During the courfii-of tfaefe gradual uflirpstjoni upoQ the righti^ of thit declining fiata |. jotlmmj tribe' of thofe barbarianr infatiafaly defirooi «. they were of enktging tkeir^ quarters^' iorpittd' axid poffefled themfelves of iime ineig^booriif pbfts or cities occupied by Rbfloao traop^.ik weak and embanrafled emperorageiieiallyfoaBi thfemielves under the neceffity of patiientty besng with thofe infults'ahd fufieringftxch ufurped pofr feffions to pafs under the name of military beser fices, afligned to thofe rapaciousmrroenarics: dna contenting themfelves with the bare form of fiv ing appearances. It was doubtlefs in tMs fenfe, and agreeably to this form, that Hemigius in ha letter to Clovis, calls his fettlements in and about the city of Tournay by the name of his mifittry benefice under the Roman eniperor ; tho* he wdl Icnew at the fame time, that they had been illegally acquired by Clodion, who had forcibly poflefliDd himfelf of that city and its territories, even in sn open hoftile manner.
The chiefs of thofe barbarian tribes having thus ufurped all fupreme power over the Roman citizens ot'the diftriAsor provinces, which paflU
under
[M wiB o f^ Tm A^Ti t ivii rug wti. j^
Id: tbe ntme of tbdr roilit»ry beh^oe, whiter f flUbaflfuiAed the rtg^t of coitinnltndihg fucb Ae'Rocmti (bldiay as happened td hstve^beeir iMd Withfn their adjaoent quarterr^' mader.iir kf twtictilar bofitiefs at the fame time to' rei* MtiW the commMderi of thbfe lakiMr Rortfeif ikm and foidieri to their rerpedlive pei&M fgoVenuneht ^ judging fuch a oonduft tovMrdti em to behighly^xpedtent hk their owh perfonrfi fefdft; aa itcnfured them their favoor and icon^ lieiioe in tiine of need toward maintaining them^- Mintberfupremecommandof their refpejktre itei the ouididatet or prefumptive foecefionp cmd^ in likA manner am obli^g faehaviotir^ 4nrd*^tlM Ronfian citizent and fddiery for their ^ afotitfe intereft; and thofe intere^ed viewa> tbfcBaibarian chiefs Terved to alleviate in fotMi afiire the wei^t and barbarity- of theis'^ yoke.* the judicioiis readers of the hiilories of thofe^
faarian Wars and nfurpattons on the Roftianp jplirt, will find the preceding remarks plainly I^Kkd upon hiftorioad fadts. .?[
Biit to return to the congratulating letter of ^ migiiA to Clovts or Clodouric. I think it per-i tnt to the fubjedt in hand to obferve, that aa^ •faid • letter -preferves no date, fo -I find nothing * the obferv^tions made thereupon by Abboti bds^ from^wttch I may wciraffiirc myfclf of* having been written to that prince fo foon after • father's death, or while he was of fo mature age as is fuppofe(l by that learned writer ; if na nerical error has crept into that pailage of • of Tours hiftory, wherein hcTcts down
the
^6% DISSERTATIONS ON THI
the years of Qodowic's reign, and bis tge at lb time of his death, afligning thirty to the and forty-five to the latter; it follows i that he had begun to reign at the ag^ of This if we fuppofe as a matter of faA, and at the (aroetime that die adminillratioo to Clovis ita Remigius's letter, was really by Hypfo very foon after his fathor'a death, n is pretended by the above named writer; i would plainly follow, that the national maam the Franks, requiring maturity of age for the sh' miniftration of regal power or fovereign nvSltuf command, was either difpenfed with, or violstedis favour of Clovis, or elfe, that the reality of fudii maxim has been fuppofi^ without fuffidemfiMS- datfon. As to the real obfervaoee of fucli i national maxim amoogil the Franks, it is wht I hope I (hall produce fuch further proofs of a the fequelt as may give full fatisfadtion to theiou partial reader ) nor is there any fort of nootStj to admit of the fuppofition founded upon the letter of Remigius, iQafmuch as it bears no due, as I have already obferved. In a word, if die military adminiftration attributed to Clovis by the venerable bifhop of Rheims was of a reg^ Or fovereign nature in any fenfe or refpedt, as it retliy muft have been with regard to the Franks of his own tribe and military benefice i far from having any grounds to fuppofe^ that that prince was hh vefled with it, at leaft with the approbation of Ui own national fubjcdls, before he came to a fufficiem maturity, we have rather the moft cogent rcafons to fuppofe the contrary.
As
i^AWS OF THE ANTIENT IRISH. 3^3^
Ba to the number of years tffigned by Gregory I Tours to the reign of Clovis at the time of r^^nthy whidi being deducted out of his whole^ p^ would have fixed its beginning immediately ' fr tta fifteenth year ^ that hiflorian, if the com« Ijtfoa attributed to him be firee from error^ lift have fuppofed, according to the common i^bo, that Ck>vis begsn to reign as foon as his dber had refigiied his iaft breath : in the fame Winer that the reigns of the fubfequent kings of OBOoe were computed from the deceafe of their mediate predeceilbrs : though it is very certain, : istuntilthetimeof Charles the fifth, or rather ^ at of his fin Charles the fizth in the year 1405, .: 3ae of them can be faid to have reigned eflfeclu-* ly, until they hadatuined thetwenty-fecond year f their age, as (hall hereafter be explained and ovcd. At the fame time I cannot but conceive Ihon^ fufpidon of fome error having crept into "egory's fuppofed account of the years of Clo* wic'a Kign, and his age at the time of his death ; caufe I cannot fee, how it may be rrafbnably :ondled with an undoubted hiftorical fadt, uch is rekted by the (aroe author in that very tt of ^s hifiory. After mentioning the death Clodowic, and the partition which his four fons ftde between them of all his dominions, he in- rms us, that Thicry othcrwife Thcodoric, had rn a fon called Theodebert, who was already of :h a maturity of age, as rendered him capable ferving the date (j). And what confirms this arafter of that young prince, our faid hiftorian ating the immediate confequencesof Clodowic'g
death
(a) Greg, Tur. Hift. Ub. iii. c. 4.
3^ 0tS8EItT ATrONS' 01^ TSTt
detth (an event, which mu ft naturally ha?e ea. amraged the neighbouring powers to invade the Franco -Gallic dominions) fettf forth, that Cocbj. liachis king of the Danes, having made a defoieflt on the coafts of Theodortc*s kingdom at the head of all his forces, trahfpbrfed firoii! Dttiioailt in a very numerous fleet, the Utter loft nb ttmeit nsTchingaway a powerful and well provided bo^ of land-forces under the command of tut bi Theodeb^t, ordering at the fame tiniebts fleets fteer towards this invaded coaft, to be coroinsiided hf the fame prince at the place of a£lion. Theo- debertus proved himfelf worthy of fo importtnr a.command, he not only defeated, but Idhed the Daniih king at the head of his land-forces ; he then embarked, engaged, beat, and difperfedAe Daniih fleet, brought back, and reftored todie owners all the fpoils which had been carried faff by thofe piratical invaders, and returned compleitlf victorious both by fea and land.
Now as to the age of Theodeberttis at the time he atchieved this glorious exploit, which Ab- bot Dubos refers to the year 51a, if Clovis vis but forty-five years old, when he died a few months before in the year 51 1, we muft neceffii- rily fuppofe, that his grandfon Theodebertuscouki not then have furpalled the fourteenth or fifteenth year of his age ; and by allowing that prince e?cn this fmall number of years, when he gave thofe fignal proofs of his military capacity, Theodoric cannot be allowed more than fifteen years when he begat Thcodebcrt, nor confequently could Clovii be of a more mature age, when he had Theodoric
Now
AW:S OF THif ANTI^NT tUAH. ^
that Theodoric would have oommitted na ditton of fo much importance as the i^peMu|g tillable inyafion to the conduct of a youth aly foMrteen or fifteen years of age^ reefiii.t0 i.fuppofition thatcaonot be reconciled with naxima of common prudence, much led with : of ftate-government, even had that youi^ nander been affifted by experienced officers, g veiled with the fupreme command over I officers, the flights of youth might have led to diredt their operations in fuch a nutnner M It be attended with woeful oonfequences. I t therefore conclude, that Theodcbertus wia
more mature age, when he was entmfted that important command, and confeqaendy^ his grandfather Clodowic muft have been of ire advanced age, than that of forty-five at ime of his death, which happened but a few ths before this exploit •f Theodcbertus. Am e reft, the latter fuppofition, which is a neceC- confequence of the former, I mean that of is and Theodoric becoming fathers each at tge of fifteen at moll, is remarkably repug- to the national cuftoms and manners of the nans ; whofe long continence is fo particularly ii notice of by Caefar and Tacitus, that among young folks of that nation, the former ob- !a, it was looked upon as the greateft fcandal diffaonour to any man to know womankind re the age of twenty. And the latter re*> ks in general of the whole nation, that both
men and women obferved firi6t continence i very mature age. Of tb6 advantages of
which
But however ihort or loriR Clodowic^ age may have been at tm time of I certain it is, that his four ft^ns, unrival were left through their fath^'s genen of all his collateral kinfmen or^my Bot< divided his dominions between them controulor oppofition, according to tl accounts of Gregory of Tours and And here it is to be obferved, that wc material part of the old conftitution fa Franks and other Gq^anic nations vt and remarkably preserved by the fons in the partition they made of their fatli nions: I mean the law of AbUc-Ga rule of exa£t equality of fliares^ as an pU Irijb. Both Gregory of Tours am are very exprefs as to this rule of equs partition made by the fons of Clovis. find in Gregory's account of the E princes, that the four Tons of Gunderic, debandus, Godegifillus, Gundemarus,
! i:..:j 1 *u^:- r.-.! •_ j • •
HWS OF THE ANTIENT IRISH. 3(7
led between lus twogrand-unde% Gildebertus Clotharius, in the year 555. And fo was that !aribertU8| eldeft (on of the faid Clotharius^ ed equally between his three brothers in 566. 18 aUb had Theodebertus the Ton of Theo- c, and his two uncles Childebertus and Clo« iuB divided the kingdom of Burgundy after defeat and death of its king Gundemar in the r 534. From all which inftances we may con** le^ that this law of equal Gavel was a oonfti- onal maxim common lo all the tribes of tho(e manic nations. .
This national ufage of gavellng the domi-» [IS of the French crown between the fobs or beirs of the laft pofleflbr, has been confiantly wed during the firll and fecond race of their p, and that without any . particular regard the firft bom or dire^ beir beyond the
of the brothers or Qo-partners. Hence , that the learned and judicious author of the
chronological abridgment of the French ory obferves (j), that during the courfe of ie races of the French kings, the crown was iyed by thedefcendantsofClovisandPe|Mnin tr lefpeftive times, according to the law of wX partition, and without allowing any particu. right or preference to the firft born or direft •. In the partition or gavel made between the
fons
) Pendant toutc la premiere race, la Cooronne fiit por- Mir lei Dcfcendtns dc Clovis, a la teritd fans droit d' b et avcc partage : elle fut poffcded de ni6me font la dcme race par les Enfant de Fepi% 9tc. Abreg. 00. p. 41. Edit 4.
3^ (DISSExRTATIOM^ ON THE
fons of Clovis, I find aaother remariuible Guank* fiance, in which it exadtly agrees with the aotieot Irifo.Quttom of Gavel-kind ; which is, that Tbeo- dpric, whoy according to all the French hiftoriuii, Audigier alone excepted, was but a natural foocf the laid Cbvis by a concubine, had notwithfttad* ing an equal (hare of his fiither'a inheritsnce with his brothers the lawful fons of that lung by his virtuous wife Clotilda.
From this agreement and uniformity between the antient Franks and the old Irifh in that one point of the law of regal fucceffion^ whidi coa- fitted in the male gavel or partition by an eqoiliiy of (hareSy I think it may reafonably be prefuroed, that the primitive conllitution of the Fraah wis not eifentially different from that of the Jirjl in the other principal part of the faid law, according to which, maturity of age was indifpenftUy f^ quired for fucceeding to the regal power and dig- ^ty : conlequent to which maxim the dire& d^ fcendants and heirs of royal families in fadiod were frequently excluded from the regul fucceffion for the want of fufficient age, while thdr uodei or other collateral kinfmen, being feniors, filled the throne, and fwayed the fceptre during life, l^ ferving to fuch diredt defcendants only the bm chance of fucceeding afterwards by virtue of thdr feniority. Now if M^e can produce ioflanceswdl warranted^ hiftory of fome direft heira of the crown of France, during the firft and fecond ract ef their kings, being either excluded from the luccefCon, or poftponed to their collateral kinfmea fipr want of fuf{icient maturity of age ; and ou
fliev
LAWS OF THE ANTIENT IRISH.
(hew that even during the third race, when the direct hereditary fucceffion became more firmly eftabliftied^ certain plain marks and vefiiges^ ilili remaining in the French conilitution of the fame ancient roaxim^ whereby maturity of age was eHeemed an eflential qualification, and made a condition abfoiutely required for the exercife of regal power ; it is to be hoped, the reader will not think us quite unfuccefsful in this particular enquiry into French antiquities.
The firft plain inftance I meet with in hiftory of a direct heir of the French crown being cic- cludcd from the fucceflion on account of immatu- rity of age happened in the year 673, when Do- nald or Daniel the only fon and heir of Chil- deric II. was laid afide, while Thieric III. his un- cle by the -father, fucceeded to the throne, and reigned during life as fole king of all the French dominions. This example is exactly parallel to the Tannic manner of regal fuccefTion in Ireland^ where one brother was frequently fucceeded by another, while the fon and heir of the elder bro- ther and predeceflbr in the throne was quite ex- cluded, or at leaft poftponed to his uncle who reigned as abfoluteking, in right of his fenioricy.
The fecond inftance of fuch an exclufion I find in the perfon of Thiery of Chelles, only fon and heir of Dagobcrt III. who died about the year 718, when that ycung prince was laid afiise for want of fufficientage, and the above Daniel came in for his turn in the regal fucceflion, which he enjoyed during life under the name of Childeric II.
B b aud
370 DISSERTATIONS ON THE
and was fucccedcd by the above Thicric of Chelles.
In the year 884, among the kings of the fe- . cond race, a third plain example of fuch an ez- tlufion from the throne for want of age^ is re- markably obfervable in the perfon of Charles IK. fon anid only remaining heir of king Louis le Begiie, after the death of his two brothers Louis III. and Carloman, when the faid Charks was excluded the throne of France by his kinf- inan Charles le Gros, emperor of Germany, under the fole pretext of his want of fufiicient age. The fame pretext was ilill alledged againft that unhappy prince after the death of Charles le Gro6, whom his nephew Arnoldus, a bailard fon of his brother the emperor Carloman, fucoeeded in the Imperial throne, while the French crown was ufurped by Eudes, fon of Robert le Fort, the ftock of all the kings of the third race.
Now as to this iaft race of the kings of France, though we find the hereditary fucceffion regularly carried on from Hugh Capet, down to our own days, and no inflance of utter excluiion given to the diredt heirs of the crown, by appointing any other prince to reign as king, in cafe of immatu- rity of years in the rightful heir ; yet we can difcover plain veftiges of the old maxim of re- quiring fufEcient age as an eflential condition for the exercife of regal power ftill very difcemably to be traced in the French conflitution as far down as the beginning of the fifteenth century. To fet thofe vefligia in their due lights we have only to lay down the following propofitions im-
porting
LAWS OF THE ANTIENT IRISH.
porting certain hiftorical hi\s of unconteftable truth and authority. The firft, that maturity of age was always looked upon by the French na* tion as a condition fo eflentially neceflfary for ez'* ercifing the regal power and functions, that be* foi-c the above epoch, the heirs of the crown were never inaugurated, proclaimed, ftilcd, or reputed kings, nor entrufted with the adtual ad- miniftration of the kingdom, until they entered the twenty-fccond year of their age, which waa the term of their minority. The fecond, thtft during this long minority of the heir of the crf>wn, one of his neareft relations of the fame blood being of a mature age, and preferably, whoever was the next in fucceflion, always claim- ed the right of being regent and adminiftrator of the kingdom with regal authority ; and ac- cordingly^ admintftred and governed abfolutely in his own name, and not in the name of the minor, fealing all a£ls with his own feal of arms after the manner of all fovereign princes, and dHpofing of all the royal revenues or converting
them to his own ufe according to his will and pleafure. Of the truth and reality of theft maxims end ufages of the French nation, the reader may fully fatisfy himfclf by confulting the ^bove cited chronological abridgement in the reigns of Charles the fifth, and Charles the fixtb, and under the years 1374 and 1403 : as dlfo* Abbot Dubos, vol. iv. p. 80, 8r, 82.
I refer to the judgment of the reader, if thefc very maxims alone, were there no other concur- ring inftances to be found in the French antiqui- ties, may notjuftly be regarded as (bmany plain
B b 2 and
37«
374 DISSERTATIONS ON THE
*
fttttined to full maturity of age, before they were veiled with the regal power and dig;nity, was much of a more ancient date than the ceremony of crowning them at their inauguration. In the above account of their national cuftoms and pub* lie ufages we have obferved, that the inauguratioq of their kings was performed by the fole ceremony of railing up the royal candidate upon a large (hield or buckler, and proclaiming him king or (bvereign commander, with the general acclama- tion of the ar my and muhitude, as above ex- plained. The Gothic nations ufed no other cere- mony at inaugurating their kings, as we have always obferved. Leovigildus, who was the feventeenth of the Vifigothic king^ of Spain, is faid to be the fir A, that added the regal crown to die reft of his regalia towards the end of the fixth century. But that he required the ceremony of coronation at his acceflion to the throne, is the more to be doubted, as it is not obferved even in our own days by the kings of that monarchy* Nor does it appear from any folid proofs, that any 6f the Merovingian kings of France were either anointed or crowned at their inauguration, not- withftanding the ftory of the holy oyl-cruit of St. Remigius, which is abundantly refuted by many writers, and even denied by Rodehc OTIaherty (a) : who has likcwife obferved and proved from good authorities, that Pepin was the firft king of France, who ufed the ceremony of regal un£tion and coronation, which he received at the hands of St. Winifred, otherwife Bonifacius^ arcn-bffhop of Ment2, in the year 752. The
fame
LAWS OP THE ANTIKNT I&tSH. a«
fame king Pepin, and his two fons^ Charles (af- terwards called Charlemagne) and CarlomaD, were anointed and crowned kings of the Franks, by Pope Stephen III. as appears by his own letter to Regino, which is recited by Baroniu4, and referred to the year 754. And when the faid Charles became emperor, he was andnted and crowned a fecond time by Pope Leo III. as hat)i been recorded by feveral authors ; in (hort, thofe Carlovingian princes were the fir ft of all the kings of France, that ufed the ceremony of regal uacr tion and coronation.
It being therefore an undeniable fk£t, that the kings of the firlt race never ufed the ceremony of regal coronation and un^ipn, and yet were not the lels refpefted and acknowledged as real and lawful kings, as foon as they arrived at fuch a maturity of age as qualified them to be inaugu- rated in the old ufual manner, and entrufted with the fovereign power and adminiftration of the kingdom, it follows by a plain and neceikry confequence that the right enjoyed by the regents, was neither founded upon, nor derived from any fuch origin as the fuppofed notion, that the heirs .of the crown (hould not be held as real kings, until they had been folemnly anointed and crown- ed. In a word, during the firft race of the kings of France, whenever the prefumptive fucceflbr and heir of the crown happened to be under age, at the ^\mt of the demife of his predeceiTor, the adminiftration of the kingdom was committed -to a regent, who governed fovereignly and abfo- lately in his own name, during the minority, and
his
376 DISSERTATIONS ON THE
his right was folidly grounded, as it naturally re* fulted from the old national maxim of the Franks, whereby maturity of age was made ft previous condition and qualification abfolutely neceilary for being either veiled with the right or entniftcd with the exercife of regal power. Hence it is» that in primitive times, the heirs of the crown of JFrance, while minors, being under a temporary difqualification to be either invefted with the rrgil dignity, or entrufted with the exercife of fo▼^ rdgn power, it became neceffar}', that this pow* er, together with the whole adminiftra'tion of the kingdom, (hould be lodged in the hands oft ct- pable perfon, who governed abfolutely and fe?^ reignly in his own name, until the diredt beir fhould have attained to the due maturity of age. The hereditary prince having attained this n^ ceflary term of years, he was inaugurated and enthroned, as being then efteemed capable of ex* crdfing the functions of the regal dignity. The antient Franks judged it inconfiRent not only with their national maxims, but alfo with the reafon of things, to inaugurate and proclaim king a perfon^ who through the immaturity of his years and fenfc mull naturally be incapable ofgoverning the (late and commanding its forces : of difcharging ina word fuch duties and funftions, as in thofc days were neceflarily annexed to the regal office, and indifpenfably to be performed by the king in his proper perfon. And as the capacity of executing thofc regal functions was the natural produd cJ years and maturity of age ; fo the general opinV on mentioned by the author of the abridgment
tloai
«rS OF THE ANtlENT IRISH. 377
•
: king was not really king, until he had aaugurated in the due time and manner : flow from a mere groundlefs notion, as IS to think, but rather from a folid prind- unded in the law of nature and reafon of That author muil therefore have com* another* miftake, in imputing to the de- contrivance of the regents, that the coro- of the heirs of the crown was deferred for ;a tin)e as the twenty-fecond year of their r as late as they otherwife could ^ thus r to their own advantage;, as he plainly , the above mentioned notion, that thofe ; were not really kings, until they had re;, folemn coronation in the dual manner.
CHAP.
171
DISSKRTATIOKt SONTHK
CHAP. 11.
<y $bi S^i^e-laws of fuhfidies^ irihues^ ad} rigtis Mtienthf oh/ervedby ibe Irijb khtgs^ mi #| Juhrdinate princes^ and/laUs u/jpeaivehf.
These laws of fubCdics, tributes andR|i|
fights, are fet forth in an antient book M]
J^eabbar na Gceari^ or the book of rights fonssij
inferted in the old records called LtaUar Gbk
Logb^ and attributed lo Benan, Benin or Bedg-
nus^ who was difciple and fucceflbr of St. h-
trick.
All readers of antient hiftory will readily tgn^
that the primitive cuftoms of nations, reg^uf&g fuch ftaterrights as are here underftood, may be juftly efteemed a good foundation for formingi rational judgment concerning their rcfpcftivc ori- gin and antiquity. In weighing this matter, not only the conftitutional mode of eftabli(hing tnd exacting thofe public rights, that regard Tubfidies, tributes and ftate revenues ; but alfo the very nature or quality of the goods or effefts, in whkh they were acquitted and complied with, is dulj to be confidered . The Roman manner of inipo- iing and exadting tributes and other public re\'^ nues, was not very different from that, which the fovereign powers of Europe obferve in our own days, even with regard to the nature of the fpe-
cic
1. AWS OF THE ANTIENT IRISH. 379
c\^s in which they were paid ; which was moftly thofe metals, that have^ been univerfally received as the common ftandard and meafure of all other worldly goods : and this circumftancc very evi- dently pointed out the modern origin of that peo- glt'm quality of a commonwealth, when compared yilh the Scbytbians^ the Celis^ and the other na- tions that retained the primitive culloms^ which regarded thofe public rights, that were at all times neceflary for anfwering the exigencies of a ftate, and fupporting the dignity of the fovereign. But the dtfferent manner and fenfe, in which thofis fifcal and ftate-rights have been eftablifhed and enforced in different nations, is what I efteem the chief point to be confidered for making a proper difcemment, as well concerning their refpedtive antiquity, as their iiatural liberties, and political freedom. In modern nations and tiates, found- ed in confequence of conqueft, whether lawful or unjuft ; thofe regal or public rights that zSeSk landed properties, were underllood and infified on as the very condition of the proprietor's tenure and title in thofe lands or ellates. Thus after the Norman conqueft,. all the lands of England were conGdered as abfolutely vefled in the king, and the fecondary proprietor's title or right was mere- ly derived from the fovereign, and was fnbjcdled to an abfolute condition of paying him certain rights or tributes, whether confifling in military fervicc, or pecuniary rents, or in both. But in all antient nations, the poflTeflTor's right and title to his landed property, as well as any other be- longing to him, was quite independent of the fo- vereign,
38o DISSERTATIONS ON THE
>
r
vereign, and founded only on the primitive Itwof nature and nations ; and what he fupplied towar(b V the fupport of the date and public power, thou^ It may be properly deemed a right and infiftedon as fuch ; yet was both demanded and given, n* therasa free contribution^ merely in view <^ the common intereft, and the general exigency of die flate, than any fervile or compulfory impofi. No nation on earth ever produced a more perfed image of fuch a primitive lUte-conftitution, is I have juft now defcribed, than that which is exhi^ bited in the following national fyllem of the an- tientlri(h, concerning the public rights and flate- revenues eftablifhcd in their government.
To introduce the reader into a full knowledge of the true fpirit and meaning of this part of the Irifh conftitution, he muft be informed in the firft place, that amongfi the different princes and ftates of this nation, the chief, and, I may fay, the only proper mark of fubjedtion and fubordination, was the receiving a certain fubfidy called Tum'ofdd^ which literally implies hire ox wages in the Eng- li(h tongue, and which in effedt was only a prince- ly prefent, and token of generofity and roagnifi- cence in the giver. But the prince or flate^ that received it firll, was deemed inferior and tributa* ry to the prince, by whom it was given. This maxim, which vifibly lays the foundation of the freed and moft fociable form of government with regard to liberty and property, that can polfibly be reconciled with any fort of political order and fubordination, not only is expreOed as a funda- mental axiom in Leabbar na Gcearty or the book of
public
LAWS OF THE ANTIENT IRISH. 381
public rights; but is likewife proved from fevcral paflages of antient hiftories, to have been con- ftintly obferved amongft the princes and flates of the Iri(h nation. A very remarkable inftance of it is fet forth and explained in that hiftory of the O'Briens of Thomond^ which is entitled Cailbreim Tboirdkealbbaiccy viz. that about the middle of the thirteenth century, when a general convention of the princes and nobles of thelri(h nation, was ap- pointed at a place called Caoluifge^ in order to de- liberate upon the choice of a monarch, under whofe banners they were to fight againft the Engl'fh, Teige O'Brien of Thomond, contend- ing withO*Neii of Ulfter for the fupreme power and fovereignty, had prepared a hundred horfes in rich furniture as a fubfidy or wages for 0*Neil, and accordingly, fent them to that prince in this ihape, and in the intent and meaning of the above explained maxim. O'Neil, highly ftomached at that mark of pretended fuperiority from G^Brien, not only rejected his hundred horfes, but retorted back upon him double the number, equally well accoutred and furniftied. This punc- tilio of honour between the two princes, was the immediate caufe of the difTolution of that general aflembly, without its coming to any refolution, and Tcigc O'Brien reaped no other benefit from his conduA, than the diftindtion of the furname Caoluifge^ derived from the place of that tranfac- tion, which liowever was intended as a high com- pliment to him from hisfubje£\sand fycophants. This (late-maxim, regarding the poHtical right both of the independent fovereiga and the fubor-
dinate
3Sft DISSERTATIONS OM THE
dinate princes, is cxprcffed in the following Iridi rhyme in the above mentioned Leabhar na Gocarl, in that part of the faid book, where the rhyme, exprefling that general maxim, is applied to the king of Munfter or Cafliel ; it runs thus in the dd Irifh language,
Atafau Sl^ancbas fuaire freaib : Ni bainbbjbios dagacb Eolacbj Tuarafdal Rigb Caifil coir : Da Riogaibb caomba an cbeaSoir.
This rhyme exprefles in the plaineft and moil energic manner, hot fo principally the right of the fovereign, as that of thofe fubordinate princes: and accordingly, the following (ketch of this na- tional fyilem of political oeconomy, moft evi- dently demonflrates ftep by ftep, that the tributes or fupplies of the fubordinate princes and nobks, were given and received under the form of an equivalent or return for the fubfidy or wages firft paid by the fupreme fovereign ; as well as for the necefTary fupport of the (late and regal dignity. In this general fyftem of the Iriih governmenty we fee nothing eilentially different from what has been and is dill pradtifcd in the univerlal fyfiem of the European republic, where feveral fo?e- reigns, otherwife independent, receive fubfidies or wages, and return by way of equivalent a cer- tain fupply either of military forces, or fome other Hate contributions tending to the common iote- reft, and principally to maintain the balance of power, foneccffary for the prefer vation of that
general
LAWS OF THE ANTIENT IRISH. 383
general ftate, which is compofed of the different fovereignties of all Europe.
In Ihe next place the reader is to be informed^ that vtrith regard to the general and conftitutional oeconomy of the Irifti nation and its government, the provincial (overeigns obferved and enforced two forts of public rights. The one regarded their own refpcftive fovereignties, or fubordinatc ftates and princes, the other was chiefly relative to the univerfal harmony and mutual dependence, that was to be kept up between the principal members of the national republic. I (hall begin vrith the more immediate concern of the provin- cial fovereign, I mean that which regards his own fubordinate princes and dates ; and as I find the public rights of the king of Munfter, both with regard to his own province, and the other provin- cial fovereigns more cxtcnfively explained, than thofe of any other Irifli prince (though all were carried on upon the fame plan) I (hall therefore treat of him and his rights alone, as it will ferve as a portrait of all the reft. My author fets down the Momonian or Munfter fovereign's rights, wKether adkive or piaflive, I mean, regarding both himfelf and his fubordinates in the manner and method following ; where it appears, that he began always with his fubfidiary payments to the different princes or ftalcs of his province, accord- ing to the general (late-maxim. But that the reader, unacquainted with Iri(h hiftory, may not be fiartled at fuch a multitude of kings appearing in one province, he is to know, that every fubor- dinate prince or head of a large tribe and trad of
country
times of that monarchy, fiich as the Dul Normandy, Britanny, and Guienne, an Counts of Tbolofe, Flanders, and Cham] &c. made war againft the king of Franc which they had not as good a right as tb fubordinate princes, with regard to the! king ; their lands and tenures being quite pendent of him, and fubjedl to no fort of r fcrvile condition ; whereas thofc of Franc theirs as Fiefs, deriving under the crow were fubjcdcd to military fervicc and to i which properly and originally meant not on jcAion, but fervility. As to the reft, the plicity of kings in one and the fame provii beenjuflified in the preceding chapter, example of the moftantient nations, accon facred and prophane hiftory. I proceed th to the deuil of the public rights, regardin the king of M under, and the fubordinate ] and ftates of the fame province.
1. The king of Munller, (who was al(b the king of Cafhel from his refidingat that prefenled by way of iubfidy every year (4
LAWS OF THE ANTIENT IRISH. 385
golden cups, 30 golden hilted fwords, and 30 horfes in rich furniture to the Dal-Caffian king, whenever he was not the fovercign of all Munfter, to. which he had an alternate right by the will of Olliololim. In fome copies of the book of rights, I find added to the above prefents, ten coats of mail, two cloaks richly adorned, and two pair of chefs boards of curious workmanfhip.
II. To the king of EqganaSl CaifiJ, when the Dal-Callian chief became king of Mnnfter, ac- cording to his alternative, (b) ten men (laves, ten vomeD Oaves, ten golden cups, and ten horfes in full furniture.
III. To the king of OJfery^ otherwife called the king of Gabbran^ (rj ten fhields, ten fwords, and two cloaks with gold clafps and rich embroidery. The profe mentions, ten horfes, ten fhields, ten fwords, two cloaks, and two fuits of military array.
IV. To the king of Jra^ {d) fix fwords, fix Ihields of curious workmanfhip, and fix fcarlet
C c cloaks.
pirince or king of Nordi-Munftery and that precifeljr on the nrft of November, according to thofe words of Beni^^nus's pdenif Deich ccorn go n6r gach Samhna ; fo it is to be underftoody that the fabfidies of all other princes and ftates were likewife paid annually about the fame time.
(Jk) EqganaA Caifil, otherwife called Magh Feimen or Machaife CafU, comprehended the country from Caihel to Qonmely &c. Its particular chief was the ftock of the Mac Carthies, but more antiently, the anceftors of a tribe of the O Donofl^hues, defcended fromNadfraoich king of Munfter, and coniequently different from the O Donoghues of Loch Lein.
(r) The king of Oflery was Mac Giolla Pidraig, or Fitz- .Patrick of the Herimonitn race.
(J) The king of Ara in the north weft part of the county
w
386 DISSERTATIONS ON THE
cloaks. The profe adds, feven (hields, fe?ca fwprdsy and feven horfes.
V. To the king of Eik (/) fix men flaves and fix women flaves, fix (hields, and fix fwords : ac* cording to the profe, eight coats of mail, cig|it (hields, eight fwords, eight horfes, and eight cups.
VI. To the king of Uaitime^ (/) fix feidds, fix fwords richly mounted, and fix horfes magoi- ficently accoutred, and particularly with gokko bitted bridles : according to the profe, feveo horfes, eight fwords and eight cups, together witb particular marks of honour and diftlndion (bewo him at the court of Ca(hel.
VII- To the king of Dfifies, (^) a (h^p wcB rigged, a gold hilted fword, and a hor(e in tich furniture : by the profe, eight (hips, e^t mes fluves, eight women flaves, eight coau of imil, eight (hields^ eight fwords and eight horfes.
VIII. To the king of Cairbrc Aodbbba^ whofe
prac^Ml
of Tipperary, (t. e. Tubber Arat) was O DonnegaA of the Eamian race ) but in the year 1318, it came to the poffef- fion of the defcendants of Brien Rua, king of Thomond, called the O Briens of Ara.
(#) £iie was the country northwards of Cafliel in the county of Tipperary, its king was O Fogurty of Eugenian defcenty and from him was called Eile ui Fhogurta : bat £Ue ui Chearbhtily fituate in the king's countj* belonged to a tribe of the O Carrols, defcended from Teige fim of Cian» fon of Olliololim.
( / ) The king of Uaithne or Ownv, fituate between the counties of Tipperary and Limerick was O Ryan of a l^ffenifm race.
Q) The kings of Defies, which comprehended the entire county of Waterford, wereO Felan and O Brie, both de- fcended from the Herimonian dock.
LAiyS OF THE ANTIENT IRISH. 387
principal feat was Brughrigh, {b) ten flaves made captives in a foreign country, as appears from the plain text of the verfc, viz. Deiib Gaill gan GaeSilga ; the profe has feven bond-flaves, feven free fervants, feven fwords, and feven cups.
IX. To the king of Conal Gabbra^ (i) the following privileges and prefents, viz. while the JIungof Conal Gabhra remained at the court .of Caihel, he had the honour to (it near the king at table^ and at his departure from court, was pre- icnted witha horfe in rich furniture, and a military fuit of array, and all his attendants received the like prefents proportioned to their refpe^ive ranks; according to the profe, the whole was only ten fliields, ten fwords, ten horfes and ten caps.
X. To the king of Aine Cliacb^ H) a fword and (hield of the king's own wearing, and thirty cloaks, which were given him in the month of May, pre- xnfely according to the verfc. Is triocad brat gacb Beihine ; the profe has eight fwords, eight horfes* eight cups, two coats of mail, and t^o cloaks.
C c 2 XI. To
•
(h) The Mxtig of Cairbre Aobhdha, no# called Kenry in ihecoantirofLimericky was O Donovan, before tbetranjp- pUntationof the family to Carbury in the county of Cprke 1 the chief dyn^s were O Qeircine and O Flannabhra, a^ tf Eoffenian defcent.
(/) Ua Cconnuill Gabhra, the kings of Upper Con^^llo in the connty of Limerick were Mac Epnery and O Shee- |ian, defcended from Mahon an elder brother of Bricn BorOTe, and king of Munfter: O Collins and O Kix^ly of the Eugeniah race were the kings of th.e )ower .barony of ConneUo, biit they were all diAnherited by the tfftz- "Geralds, upon their firft conquefts in Munfter.
{k) The king of £<^ana€ht Alne Cliach, ,which was th^ county of Limerick, was O |trarwick defcended from IPcidhlim fon of Nadfry king of Munfter.
388 DISSERTATIONS jON THE
XL To the king of Fenrmuigbe or Gfcw- ambain^ (/) one horfe richly accoutred, one (hkld curioufly wrought, and one fword : by the profe, feven horfcs, fevcn (hields, and fevcn cups.
XII. To the king of jloibb Liatbain, («) i fword and (hield of the king's own wearing, one horfe richly accoutred, and one embroidered cipak ; according to the profe, five horfes, five
, fwords, five cloaks, and five cups.
XIII. To the king of Mufgruidbe^ (n) one of the king's own fwords, one of his horfes, and one of his hounds : the profe allows feven horfes, feven coats of mail, and feven fuits of compktt
armour.
XIV. To the king of Raubkam, (o) ten
fwords, ten fcarlet and ten blue cloaks, and tea cups ; according to the profe, ten horfes, ten coats of mail, and ten (hieids.
XV. To the king of Dairime^ (/>) fevcn (hipa,
^ fevcn
(/) The king of Eoagnacht Gleannamhain whidi com- prehended that part of the county of Corke^ now called Clan - Gibbons, Condons and Roche*s country, was O'Keeffe ; but that part properly called Fearmuighe be- longed to O Dugain, who was defcended from Ir fon of Mileadh.
(ff») The king of Aoibh Liathiin, now called Barrrinorc and Cinealtalmhuiu were O Lehane and O Anamchadha of Eugenian defcent.
(if) Mufgry in the county of Corke, fometiaies called Mufgruidhe ^4iotaine and fotnetimes Nf ufgrudh ui FhloinOi its chief king was O Flinn of the Earnian race* until Dermod Mor Mac Carthy difpoiTeffed him.
{9 J Raithlean, was the principal feat of O Mahony Fioan, who was chief kine: of the baronies of Cineal Aodha and Cineal Mbeice in the county of Corke, and defcended from Cas fon of Core fon of Luiz king of Munfter.
2) The king of Corcaluighe, otherwife called Dairinne irbury in the county of Corke was O Dnfcol, defcended
from
LAWS OF THE ANTIENT IRISH. 389
fcvcn coats of mail, and fevcn fwords ; by the profe, feven (hips, feven coats of mail, feven horfes, feven fwords, and feven cups.
XVI. To the king of Leim-con^ (q) a (hip in full rigging, one horfe in rich furniture, one cup curiouf^y wrought, and one fword : in the profe, feven (hips, feven horfes, feven coats of mail, feven (hields, and feven fwords.
XVII. To the king of Locb-Lein (r) ten (hips* ten dun horfes, and ten coats of mail : by the profe,. feven (hips, feven horfes, feven coats of mail, feven (hields, and feven fwords.
XVIII. To the king of Ciiruidbe, (/) ten horfes well accoutred, and a filk cloak : according to the profe, feven cloaks with gold clafps, feven horfes, and feven cups,
XIX. To
from Luig fon of Ithe ; the other principal dynafts of the IthianraceywereOLeary^O Cobhthach, O Baire, O Flinn, and feveral others.
(f) The king of \jc\m Con, in the weft of Carbury was O Drifcol-og.
N. B. There were three O Drifcdt, ^iz. O Drifcol More, whole efUte or lordfhip extended from Glendore harbour to Dromelegue northward, and to both fides of the river Eylan, and to Cape Clear weftward. O Drifcol-oge, who refidcd at Leamcon, and poireifedall that trad of land, which now confifts of the parifhes of Scul and Caharagh ; and O Drifcol of Beara or Bearbaven^ whofe lordfhip ex- tended from the bay of Bantry to the river of Rinmare.
(r) The king of Eog^nacht Locha Lein in the cotmtyof Kerry» was Q Donoghue defcended from Cas fon of Core ion or Luig king of Munfter : but before him the chief kings were O Muireariy and O Carrol defcended from Cairbre Luachra fon of the; faid Core fon of Luig.
(/) The king of Ciaruidhe Luachra, otherwife called Feoma Floinn, was O Connor Kerry who Wfi(s of the Ru- derician race, an4 defcended fct^m Ciar fon of Feargus, fim of Roih, «
390 biSSERTATIONS ON Tfnt
3C1X. To the king of Ddirbre^ (/) three (hip Well rigged, and three fwordS : atebrdih^ to flic profe, fcven horfcs, feven hoUnds and feveticdpt; and ft) on to other petlty kings and ftates, too ^di- oiis to be mentioned ; every one of whidi he complimented with a proporttoiifthle prefcnt bjf way of an annual fiibfidy.
The reader is to judge, if fuch yearly nitim- ficence could be extended to fo many princes taxi ftates, without a certain degree of royal magnifi- cence and fplendour, fupported by power and opulence ; and from this circumftslnce, as well is from thie quality of forhe of the fubfidiaiy pfc- fcnts now defcribcd, it may bie concluded, not only that a foreign trade and commierce was carried oq in Ireland in thofe days (of which, befide the an- thority of Iri(h hiftory, we have further proof in the teftimo.ny of Tacitus in Vit. Agricol.) but atfo. tliat arts and handicrafts of this kind bad been brought to great perfedtion in this kingdom. It further appears from the quality of (bme of thofe prefcnts, that the ufe of gold and filver was then of an antient ftanding amongft the old Irifb; though they chofe rather to adhere to the primi- tLve cuftoms of complimenting each other with furniture and provifions, than with coined pieces of thofe metals, which could not inimedraicly ferve them inftead of the neceflaries of life. The
fumptuary
(/)The king of Dairhre, now called Ircragh in the
county of Kerry, was O Shea of Earnian defcent :
O Failbhe and O Connel were fettled near him ia the ba- rony of Corcaduibhnc , who were of the fame Eamian ftock, being all defcenJed from Core fon of Cairbrc Mufg, fon of Connairc fon of Moghlaimhc king of Leath Cuinn.
LAWS OF THE ANTIE<IT lAlSH. 39»
fumptuary laws ^hich I (hall exhibit iii the courfe of this work, do alfo affix the value in cattle, 6^ ettibroiidery in gold, (ilver, andfilk.
I fh^M now proceed to (hew arid explain to the reader the different forts of retributions or tri- butes, thofe fubordinate princes and flates paid their chief provincial foverelgn in return of his fubfidies, both for the neceflary fupport of his dignity, and for anfwering the exigencies of the ftsLlc. Thefe two different objedis required^ that the tributes (hould likewifc be of two different natures, the one fort was merely fifcal, and regard- ed only the fupport of the king's houfhold, or that of his particular ffate and dignity. The other kind of tribute confided in what was necef- fary for fupporting the public ftatc, and defending the king4om iipion all occafions and exigencies, whether ordinary or cafual. From the payment of this latter kind of tribute, no fubordinate prince or flate was, or could be exempted. For the cafual exigencies of defending the flate in time of war, or exterior infults, they fupplied their refpedive contingents of fighting men : and for the ordinary exigencies regarding the in- ward cBconomy and police, they furiiiQied either men or effcfts, according to the nature of the call ; and as thofe objedts of cafual and ordinary Aate-exigencies were not of a fixed and invariable nature, the refpeftive proportions of the tributary princes and dates are not, and could not be fpeci- ficd in the book of rights. But the other fort of tribute, regarding the fupport of the king's houf- hold and dignity is minutely taxed and entered in
that
39a DISSERTATIONS ON THE
that book, refpedlively and proportionably to every petty ftate or tribe of people, that was to furnifh it. And it is to be obferved, that noluig i$ fubjeded to it, though the people of their coon* '] try are ; and that not only for the conlidentioQ due to the regal dignity, but alfo, becaufethe oditr kind of tribute regarding the public intereft and flate is all referved for, and levied on tbofe fob- ordinate kings. For what regards the fifcaltn- butes, the manner of paying them, agreeably to the primitive times, will be fufiiciently exempUBed by the following entries, faithfully tranflated wof4 for word, out of the antient Vecgrd, called Leib- har na Gceart^ or the book of Irifh Rights.
I. The king of Cafhel or Munfter, received i yearly tribute of one thoufand bullocks, odc thoufand cows, one thoufand weathers, and one thoufand cloaks from the inhabitants of Bumen.
II. From the inhabitants of Orcamruadb^ one thoufand bullocks, one thoufand cows, one thou- fand (beep, and one thoufand cloaks.
III. From the people of Corcabbaifcin^ one thoufand bullocks, one thoufand weathers, one thoufand hogs, and one thoufand cloaks.
IV. From the inhabitants of Corcaduibbne^ one thoufand bullocks, and one thoufand cows : but according to the poem beginning with the words, * Cios Caijil Accualabbair* It is added, thirty fcarlet cloaks, thirty bullocks, and thirty milch
cows.
V. From thofe of Ciaruidbe^ one thoufand bullocks, one thoufand cows, and one thoufand hogs.
VI. Frora
iWS OF THE ANTIENT IRISH. 393
[; From the people of Seaamadb^ (11) one Ired bullocks, one hundred cows, and one ircd hogs : according to the poem, they were ay only fixty bullocks, fixty cows, and fixty k weathers.
IL From the inhabitants of Corcaluigbe^ one dred bullocks, one hundred cows, and one dredhogs.
III. From the people of Mufgruidbe^ one dand cows, and one thoufand hogs : though n accounts add three hundred beeves, three dred hogs, one hundred milch cows, and one dred cl<Kdes.
X. From the inhabitants of that part of mmigbe^ which belonged to ODugain of the : of Ir fon of Mileadh, forty bullocks, forty ves, and forty milch cows, C. From the people of the Defies^' out thou- d bullocks, one thoufand milch cows, two thou- d hogs, one thoufand fheep, and one thoufand aks.
KI. From thofe of Uaitbne^ three hundred ch cows, three hundred hogs, one hundred Jocks, and three hundred cloaks. XII. From the inhabitants of Ara^ one hundred
cows.
u) Seactmadh is an ancient name of fome country in : weft of the counties of Corke and Kerry, which I do : find in any other bid writing, eicept this poem. I am lined to think it was Iveragh in the county of Kerry^ ich as it chiefly belonged to the O Sheas and others of
£arnian race, was confequently liable to pay tribute i I this feems the more probable, as that country alone is
reckoned amongd the other tributary ftates by any cr appellative.
394 DISSERTATIONS ON TflE
coWs^ one hundred hogs^ two hundred weal Und one hundred green cloaks.
XIIL Prom the people of Offurj^ fii?en (Mi*! dred cows, and feven hundred cloaks ; befidb obligation incumbent on the king of Oflbjr fuf^lying the king of Munfter with \xA tingent of armed men, when demiEindeduixn necefTary occafion. And fo on from oth^r countries and petty dates : all which fi were to be paid in by thbfe difiertnt pcdpk^ Hated times and certain feafons of the year.
tJ. B. The Dalgais and the following and principalities were exempted from this kind of fifcal tribute to the king of Mi as is fet forth in the book of rights, but at large in the Irifh poem beginning with words, j1 Eolcba Mumban Moire ^ viz.
I. Eoganaa Cajbel; 2. Eogaha^l Aine ; 3. GkaHndmbain; 4. Ecgana£l RaitbkoHi 5. £|r naSI Locba Lein ; 6. Eogatta^ Graffan {x) ; 7. Aik Liatbain -^ %.Ua Cconuill Gabbra ; 9. Aoibb Gorki Aodhbba-^ \o. Aoibb Cor mate ; 11. Eik y Fbpr- tba. In a word, all the tribes defcended nom Olliololum by his three fens, Engan More^ Onm CjA, and Ciarij were confidcred as free ftatcs ex- empted from the payment of this fort of annual tribute for the fupport of the king's houftioU. From this and the preceding notes it appears, that none but fuch as may be confidered as mere fiib^ je£ts and foreigners, no way belonging to the royal
fanHf
{x) The king of Eoganacht Graffan was O Sulinai whofe anceftors held their chief regal feat at Knock Gnf* fan on the banks of the river Shure in the county ofTip* perary.
A#SOFTHE ANTllSrff IRIJH. ^jj
ly of Marrftei^, were fubjeftcd to the pijtMtli n kind of tribute.
£cfe the aboVe tributary foppRes, thb king his royd granaries furniflied by thbfe of hiis tnnn<6diate domain : and his \)^ine cettars ^(iit Ifcd by the means of foreign coMmetdSf t hik hotne-iiqubrs were provided by t)^e ftew- 6f his palace and kitchens. Such was the ter of houfhold-ceconomy^and fuch w^f-eihe
find!nces of the greateft prihces in priit)itive I. Their exchequer and fifcal revenues ipally conirfted in cattle, corn, and other ne« leis of life, which, as they were the trtoft f wealth and treafury, fo they were thic mbft al tod folid riches, and at the fame time the fubjca to luxurious abufes. The Latin
ptcunium and pecunue, now ufcd to fignify ly or riches, Were originally applied by the IS or Romans to that fort of wealth, which [led in caltk^ and were derived from the
PecuSf picudis : and by the bye, I am apt to
the words were primitively pecudium and if, in the fame manner that Pecudiarius^ ies a Herd/man : there being many examples th changes of one letter for another in all lages. Not only the antient Latins regarded : and corn as their principal riches, as did t firft patriarchs or heads of tribes ; but reateft kings we read of, either in facred or ne hiftory, depended upon them as their pal finances for the fupport of their dig- ind houlhold. The magnificent Solomon's ues, colleded by his twelve intendants of
provinces,
396 DISSERTATIONS ON THE
provinces, were nothing elfe, than ail forts of pro- vifions for the king's court and ftables, i Kogi^ ch. iv. V. 7, 27, 28. And that they confifted oofy in beeves^ cows^ fieep^ and other cattle^ &c. as well as in corn^ or grain of different kinds, appears ex- prefsly in the fame chapter, v. 22, 23. Wheotk fame king applied to Hiram king of Tyre fer fqpplying him with timber for building the tqn. pie -, we find that all the payment ftipulated Iqf the latter, conGfted barely in provifions to befup- plied for fupport of his houfhold. Praebebifqueoe- ceffaria mihi, ut detqr cibus domui meae, i Riog^ 5. Thus were all kings and their houfliold fupport- ed amongft the old Germans, by fupplies of qittie and corn freely and abundantly furnifhed by tixir people, as Tacitus informs us in thefe wonki
* Mos efl civilatibus ultro et viriiim conferrePrio- ^ cipibus armentorum vel frugum aliquid \ quod
* prohonore acceptum etiam neceflitatibus fiW
* nit.* Tac. de M. G. c. 1 5. Nor can this mamw of paying regal rents and revenues in cattle, com, &c. be efleemed either barbarous or impolilhed^ fince it is well known, that the kings of Englaod, even as late as the thirteenth century, were often paid in the like old coin of beeves^ which woe thence called rent-beeves. Vid. Sir John Davis*! hiflorical relation, p. 6.
We (hall now enter on the detail of other fub* fidiary prefents made by the king of Munfterto the different pentarchs or provincial kings, and other princes of Ireland in his royaflour 10 thofc princes, as the fame is defcribed in the book of rights : which fubfidies however, I do not fuppofe
ic
\WS OF THE ANTIENT IRISH. 397
ivc been given or received as a mark of fu- irity in the king of Munfter over the other ardis, (unlefs it fhould have happened, that ^8 alfo monarch of Ireland at the fame time) pting only the king of Leinfter, over whom former, in his quality of king of all Leath- luiy aflumed a tributary right. I therefore der this kind of fubfidies, as well as the re- tions fupplied by thofe that received them, conftitutional cement of mutual friendlhip liarmony between the princely chiefs of the republic, and as a mark of their political ndance on each other for the common intereft welfare. The order of the king of Munf- progrefs in his royal vifits, according to the
of rights, was as followelh.
The king of Munfter, attended by the chief
«s of his kingdom, began his vifits with the
of Connaught, and prefented to him 100 s, 100 fuits of military array, 100 fwords, 100 cups, in return for which, the faid king o entertain him for two months at his palace of rAm, and then to efcort him to the territories yrconnell.
He prefented to the king of Tyrconnei\ eeds, 20 compleat armours, and zo cloaks, ^hich the faid king fupported him and the ity of Munfter for one month at his palace u/ruadb^ and afterwards efcorted him to the ipality of Tyrone.
. He prefented to the king of Tyrone^ 50 s, 50 fwords, and 50 cups ; for which this entertained him and his court for a month at
his
393
DISSERTATIONS ON THE
his palace of OiJigb^ and then conveyed him to
Tulach-6g.
IV. He gave the king of Tulacb-6g 30 fond fteeds, 30 fwords, and 30 cups j in return of which this Dynaft treated him and his fuitc for twelve days at Drumchla, and thence efcorted him to the principality of Orgialla.
V. He prefcnted the king of Orgialla with 70 deeds, 70 fuits of military apparel, and 8 corllds, in E^ratitude of which the faid prince was to eo- tert^in him and his nobility for one month it his palace of Eambain^ and afterwards to efooct bim to the kingdom of Ulfter.
VI. To the king of U^er he prefcnted 100 fteeds, loofword^, 100 cloaks, 100 cups, jpod 1 00 bed-covers or counterpoints curioufly wrou^, in confideratipn of which royal prefent, this kipg regaled him and his retinue for two months at i» palace of BoircCj and then waited upon him wkh the princes and nobles of his court to the kii^ dom of Meath.
VII. lie prefcnted to the king of M^b 100 Seeds, 3ocompleat armours, 30 corflets, and 30 cloaks, for which the faid king treated him $nd his court for one month in his palace pf T^mUr or faray 9ind after wards efcorted him with loocf his own chiefs to the kingdom of Leiniler.
VIII. lie prefcnted the king of Leinfter widi 30 bond-women, 30 fteeds, 30 cups, and 30 ikb bed-covers ; in return of which he was enier* tained for two months by the two kings of the north and fouth parts of Leinfter ^ and then t^
faid
AWS OF THE ANTIENT IRISH. 3^
kipg$, together M^ith their nobles, were to iinpany him to the principality of Oflery. JC. He prefcnted ttie king of OJfery with 30 cs, 30 corflets, or coats of mail, and 30 rds ; for which this king was to entertain him is palace of Gowran for one month, and then :ftort him to the territories of his own king- ly
lom the nature of thofe prefents, and the njQg manner of offering them, as well as the ttude of high compliments with which they c acknowledged, the reader may judge how bly the Iri(h nation imitatied in this point, as noft others, the manners of the ancient Qer- 38, of whom Tacitus obferves, that they de- ited in receiving gifts from the neighbouring es, fuch efpecially as were prefented in a pub- nanner : and thofe prefents confided of choice fes, gjrand weapons or arms, horfe-furniture, k-ch^ins, 8^c. Gaudent prsecipue finitimarum itium donis, quae non modo a (ingulis, fed pub» mittuntur. Tacit, de Morib. Germ. cap. 15. xn the defcripUon of the above royal tour, as U as from the antiquity of the didion and lan- ige in which it is fet forth both in profe and verfe, it feems evident, that the law or cuftom och regulated thofe princely vifits, and the (tts atuched to them, was pf a very ancient Dding ampngft the Iri(h fovereigns ; and par- iilarly .it may (eem, that the tours of the kings Adunfter, as now defcribed, were really and rdtually carried on by fome of them before the ^ruAion of the rojal palace of Emban or
Emania
40O DISSERTATIONS ON THl
Emania in Ulfter, and that of Cruacban in Con- naught. Mr. O'Flaherty fixes the epoch of the building of Emania by Kimbaithus, about 553 years before the ChrilVian sera ; and that of its demolifhment in the reign of Moredachos Tirius, he refers to the year of Chrift 332. Seme of the above defcribed tours cannot therefore be of k(s antiquity than this laft epoch. It may however be reafonably fuppofed, that thofe circular vifirs of the kings of Muniler could not have been per- formed with the fplendour and majefty above de- fcribed, before the end of the ad century, when thofe defendants of Hcberfionn recoverai their original right of poffening half the kingdom of Ireland ; a right, which Eugenius Magnus called Mogha-Nuagad, then wrelTed out of the haods of Conn of the hundred battles, king of all Ire- land, after having defeated him in ten fucoeffive engagements, or general adli(»ns. Ever fincc thtt epoch, the kings of Munfler difavowed^ in a fp^ cial manner, any right in the chief kings of the northern half to demand tributes from them or their fubjedls : in the above defcribed tour of the king of Munfter, there is no mention made of a king of all Ireland, nor fuch an extraordinary compliment paid to any particular king, that could denote him to be a fuperior fovereiga. The king of Connaught receives as royal a prefentas the king of Ulfter : and the king of Meath, or Teamhair, is not complimented in as regal a manner as either the one and the other. And agreeably to the reafon now alledgcd, we Bod if exprefsly mentioned in the book of rights, by waj
of
.LAWS OF THE ANTIENT IRISH. 401
of preamble to the king of Munfter's prerogatives, ^hat he owned no fupcrior in temporalities but God, and that he was independent fovereign of Xht fouth-half of all Ireland, which was feparated fVom the north by a right line drawn from Dub- lin toGalway, and palling through the highlands x^f Efiir Riada. It was in confequence of this Hate maxim of independency in tlie kings of Munfter, that Fiacha Muilleathan king of the Momonian provinces or Leathmogha, abfulutely difavowed «11 right of tribute from his dominions to the faid king Cormac or any of his predcceflbrs. In efFcft 'Ihe king of Munftcr obliged that northern prince not only toretradt and relinquifli fuch a vain and groundlefspretenfion, but alfo to make full repa- ration for the damages he had done to the people of Muniler by the ra(h invafion of that province ; for the performance of all which conditions, the vid\orious Fiacha Muilleathan obliged him to fend hoftages to his court at Rath Naoi now called Knock-Raffan near Cafhel.
Here I cannot butexprefs my hearty concern, that the codes of civil laws antiently ufed in this kingdom, (hould not have been handed down to us compleat. By the imperfed\ colleAion of the Brehonlaws, prefcrvcd in the late duke of Chan- dois*s library, and conveyed to my hands, by the kind interpofition of the earl of Charlemont from Sir John Scabright, whofe property thcjr now are, I think myfelf fufficiently well grounded toexpoftulate with Sir John Davis upon thefeve- rity as well as the injuftice of his cenfure on the aniient Irilh, concerning their obfervance of thefe
D d very
402 DISSERTATIONS ON THE
very laws. The attorney-general f^onounces Ins fevere fentence againft them in the following words, by which he feems afTedted to give usaftm* pie of his erudition and extenfive knowledgeof die civil laws of different nations. ^ Whereas {kfl he) ^ by the honourable law of England, and by *' the laws of all other well governed kingdooi
* and common weals, murder, man-flaug^tcr, ' rape, robbery, and theft, are puniihed vnA
* death : by the Irifli cuftom of Brehon law, tix '* higheft of thofe offences was puniftied only hj
* fine, which they called an Eiric: Hift. Difc
.p. 36'
Juftice, as well as found judgment, and dieiih tereil of his own reputation, in quality of a writer and a jurifconfult, (hould have cautioned tint gentleman againft throwing out an odioua reflec- tion of fuch a weight upon a whole nation, with- out having previoufly confulted either the Iri(h hiftories and records, by which he might be (bon difabufed ; or thofe of other nations, whereby he could eafily convince himfelf , that the very abufes of the Irifh Brehon laws concerning the points in qucftion, never went further, than what we find enadted by the exprefs texts of the antient laws of feveral other nations.
Without indfting upon the truth of what hiftori- ans relate oFfome of thelrifh kings who lived before the light of the gofpel appeared in this kingdom, and are faid to have enadted capital punifliment againft murderers and wilful homicide, I (hall prove from undoubted authority, which however modern, if compared with thofe which were
made
LAWS OF THE ANTIENT IRISH. 403
made in the times of the Pagan Irifh, is of fuffici- ent antiquity to convince the reader of the injuf- ticc of Sir John Davis's cenfure above explained. The ftatuce I point at is to be found in the adlsof the general convocation of the ftates of Ireland* aflcmblcd by Murtogh More O'Brien, king of Ireland, an. m.c.xi. of which Ihave anextradlin an old Irifh manufcript, and by whofe fixth arti- cle, parricide and murder, as alfo robbery and theft of great damage, were to be punilhed with death without cxpedtation of reprieve, or mer|Cy of any kind. And thus much is neceffary to dii'culpate the antient Cbrifiian Irijb from the in- juftice of Sir John's cenfure, fince he makes no diftindtion between the Iiifh Chriftian kings and ^ their Pagan anceftors, and every reader of Sir John's works muft fuppofe he treats of the age in which he lived.
That the antient Pagan Irifh punilhed murdcif and theft by fine alone, is certain ; as will appear from the fragments in my hands ; but from this^ lawyer's cenfure on the Irifh by fine alone, wc may reafonably infer, that he overlooked, or ra- ther had not read all the o!d laws of his ov^a country. By the flighteft perufal of the Anglo- Saxon laws, he would have found, that his cen- fure lay as heavy on his own countrymen and their, laws in former times, as it did upon the old Irifh. It appears quite evident from the very text of king Athenian's laws, that all forts of homicide, and even parricide, were then punifhed in Eng- land only by a pecuniary fine or muldt. * Who- * ever killed an arch-bifhop (which could not be
D d 2 * knowingly
404
DISSERTATIONS ON THE
knowingly done without parricide) or a duke, was fined mxh no more than fifteen thou&nd thrympfes, or groats, which made 250!. fterl. The parricide of a biOiop, and the killing of an earl, was taxed only at 8000 groats, or about 1421. fieri. A vifcount's life was corn- pen fated by half this laft fum : and the nobk
blood of a lord baron was efteemed to be worth no more than 2000 groats, or 25I. los. wWdi waslikewife the fine, and fole temporal paniflh ment for murthcring a fimple prieft. Whocitr killed any other plain man within the twelve days of Chriftmas, on the Sundays of Eaftcr and Pentccoft, on Afcenfion Thurfday, or in the feftivals of the Purification, Afliimption and Nativity of the bleffed Virgin Mary, or in
the day of all Saints, was punifhed with the fine of 40s. Rape, robbery, and theft, were
likewife punifhed with 40s. fine/ See Leg. Athelfi. Reg. cap. de dherfis occiforum fmigmm fretiis. See alfo Hy well's Dda's Liges fFcUkit^ p. 192. Homer alfo, in his defcription of the (hield of Achilles, reprefents two citizens plead- ing concerning an i?/r/c, or mul6t, due for a ho- micide. He who had flain the man maintains that he had paid the mul6t. The relation of the dead declared that he had not received it, and both of them, fays the poet, appealed to the dc- pofition of witneffes for determining their difputc. II. 1. 18. V. 499. &c.
A good lawyer, and an impartial judge would have alfo infpedled into the old laws and cuftotns of different foreign nations, before he had laidfo
grievous
LAWS OF THE ANTIENT IRISH. 4oi
grievous a charge in a fmgular manner upon the antient Irilh and their laws concerning the punifh-^ ment of capital crimes. Befides reviewing the Anglo-Saxon flatutes, he would have alfo con* fulled thofeof other nations of a like genius and fpirit, as well as of an equal antiquity. By the moft curfory caft of an eye oh the Salic law, he could therein have found it exprefly enaded^ ' That any freeborn man who had killed a Frank,
* or a Barbarian, or any other perfon, who lived ^ according to the Salic law, was to pay aoo gold
* fols or pence, by way of a fine. That 360
* gold pence was to be the fine for killing a Ro- ^ man, who may be qualified to fit at the king'if
* table. Whoever (hall be convicted for the
* murder of a Roman, who is a man of an indc-
* pendent property, (hall be obliged to pay a fine
* of 100 gold pence. Whoever has killed a tri-
* butary fubje^, who was a Roman, (hall be
* liable to the fine of 45 gold pence {a).* And afterwards, the fame law adds, ' Whoever has « killed a chief baron, or an earl or graff, who
* had been one of the king*s houfhold, (hall be
* condemned to pay a fine of 300 gold pence (i).*
In
(a) Si quis ingenuus Francum aut Barbarum aut hotni- nem qui Salici lege vivit, Occident, folidis docentis cul* pabilis judicetur* Si Romanus homO conviva regis ocel- lus fuerity folidis trecentis componatur. Si quis Roma* nus homo pofTefTor, id e(l, qui res in pago ubi remanety proprias poflidec, occifus fuerit ; is qui eum occidifle con* vincituTy folidis centum culpabilis judicecur. Leg. Sal. Tit. 44. Si quis Romanutn tributarium occiderit, folidit quadraeinta quinque culpabilis judicecur. Ibid. Tit. 44*
(^) Si quis Sagibaronem aut GravioneiDy qui puer re* gins fuerat, occideric, folidii ter centom culpabilis judice* tur. Lex Sal. Tit. 57. part, fecu&da.
4o5 DISSERTATIONS ON THE
In like manner, the law of the Ripuarians, ano- ther tribe of the Franks, deddes,* that if a free- born man has killed a Ripuarian citizen, he is to be condemned to the payment of 200 gold fols or pence (c). That if a Ripuarian kills a St- lian Frank, he likewife pays 200 gold pence. That the fum of 1 60 gold pence muft be paid fpr killing an AUeman or German, a Frifion, a Bavarian, a Saxon, &c. If he has killed g Burgundian, he (hall be likewife fined in 160 fuch pence. If he has killed a Roman, who is not a fubjedt of the Ripuarian king, he (hall pay a fine of 100 gold pence (^* The law of the Frifiones in the compilation of Lindcro- brug, determines, * that if a nobleman hath
* killed another noble, he (hall pay 80 gold (ols
* or pence : but if he hath killed a fimple citizen,
* he muft pay only 54 gold fols and one denier. « The noble that kills a franked fcrvant, (hall
* pay 27 gold pence wanting one denier to his
* matter, and nine fuch pence to his neareft rcla-
* tions. A citizen who had killed a nobleman,
* was to be fined 80 gold fols, and only 55 and « one denier, if he kills another citizen of tbefamc-
* rank with himfelf. If a freed fervant has kill-
(c) Si qois ingcnuus ingcnuum Ripnarium interfecerir^ ducentis folidis culpabilis judicctur. Lex Ripoar. Tit 7.
(d) Si quis Ripuarius advenam Frtncum interfe€erit« ducentis folidis culpabilis judicetor. Si qais Ripnarios advenam Alamannum, i'eu Prefionem, vel Bajuvariuia aut Saxonem interfecerit, centum fexaginta folidis coJpt* i>ilis judicetur. Si quis Ripuarius advenam Burgundio- nem mteifecerit, centum fexaginta folidis colpabiJis judi* cetur. Si quis Ripuariiis advenam Romanum interfece> rit, centum felidis miildatur. Lex Ripuar. TiL jd
LAWSOFTHEANTIENTIRISH. 407
ed a nobleman, he fhall pay 80 gold (bis ; and only s^ and one denier for killing a iimple citi-
J have already obferved, that the laws and fta- tijc^of thelrifli kings before the coming of the £cm£li^9 ordained the pain of death againft wilful murder, rape, robbery, &c. By fome of the Brehon or civil laws the fame crimes were alfo pu- niflicd by mulcts or fines, whether of money, cat- tle, or land- property, according to the condition of the criminal, who beflde was to fuffer death, unle(8 he had made his efcape. Thofe fines were employed to make reparation, partly to the fami- ly oftheperfon that was killed, or to thofe that had fuffered in their property or honour, and partly to the public. In the fame manner, we find it exprefly imported by the laws of the Ripu- arian Franks, titulo 79, and by thofe of the Bur- guadians, tit. 2. de Homicid. that befides the pe- cuniary rauldts above defcribed, as ordered by ^he civii law in reparation of damages, the crimi- nal was afterwards to fufFer death by the law of th^ prince, or by his particular fentcnce : unlefs fornc favourable circumftances had moved him to grant his royal pardon or reprieve. The fame msiicim we find obferved and enforced by the par- tiovilar ordinances of the French kings Childibert the fecond, and Charlemagne, Vid. Capitul. Ba^luz. tom. I. p. 19. and p. 197. By the difpo- tition of thofe ftatutcs, the civil laws and judges were firft to proceed to the examination of the gxiilt and fentence of the pecuniary fine, but were not to meddle with the fanguinary fentence or ex- ecution, in regard to any free-bom fubjedt, which
part
4o» piSSERTATiONS ON THE
part was referved to the fovereign : and of this laft maxim we ftill find very plain footfteps in England, where the king's death-warrant is pl^ yioufly required for the execution <^ perfons of certain ranks or conditions, ever fincc the efta- |>liflunent of the Nonaan laws in that kingdom.
From what I have faid of the Anglo-Saoo laws, I do not mean to throw any cenfure upon them for not punilhing thofe grievous crimes, otherwife than by pecuniary mulcts ; for if thep really never puniftied with death the horrid oim^ of murder, (which is a point I do not take upoi^ me to determine) in that maxim, they only mu- tated or rather preferved the antient manner of their German anceftors, of whom Tacitus ob- (firvt^ ^ that they atoned for homicide bytbe ^ forfeiture of a certain number of cattle ; tod ^ that the whole family of the perfon who was
* killed received and was content with this kind
* offatisfadlion ; a very falutary cuilom for the
* public good, remarks our author, as the enter- ^ taining of fpight and enmity muft be of dange- ^ rous ccnfequence amongft a people of unboimd-
* ed liberty/ All the Germanic nations iibovc cited for the obfervance of this cuftom of punifli- ing homicide by pecuniary mul£b, had the fame political reafon for adhering to it after the man- ner of their remote anceftors, and fo had the an- tient Irifli, as the fubjeftsof that nation enjoyed as much liberty with regard to their actions, as thofe of any other.
If Sir John Davis was not really informed, that the laws of punishing homicide, 8cc. by fine alone, were formerly obferved in fo many other
nations,
I. AWS OF THE ANTIEKTIIirSH. ^
iations, and even in his own country, much more currently than in Ireland ; ail I can fay in favour of his knowledge as a jurifconfult, is, that his em* dkion extended only to the laws of his own tiroes. But if he was confcious of the exiftence of fuch laws^ in various other civilized nations in former (inies, fuch efpecially as the . Anglo-Saxons and Pranks, I don't fee how he can efcape the cenfure of prejudice and partiality, in laying the whole porden of his odious charge of barbarity ;ind ia« juftice upon the Iri(h alone, and their Brehoa laws. If we are to cenfure the Irifh antient cuf- tom, by which mere and unpremeditated bomi* ode was punifhed by a heavy fine, even that of the forfeiture of property to the profit of the fur- viving fufiferers, I am at a lofs how to bring off uncenfured the prefent practice of our Englifli laws, by which mere homicide or manflaughter Onto which murder is often conftrued by favoura- ble juries) is often acquitted of all forts of punifli* ments, cither fanguinary or pecuniary.
I (hall finilh this part of my eflay with a prcd- ous morfel of antiquity, being the cafe of Semor SucceJJum^ Hated according to the Irifli law. It was written by fome Brehon, whofe name or date do not appear : by the compofition and language* it feems to have been the work of the 6th or 7th century. The original is in the pofleffion of Cluurles O'Connor, Efq. The modern Irifhman Will acknowledge that he undcrftands little of it ; and I muft affure my readers, that my tranflation has loft much of the beauty and nervous expref- iioii of the original ; but it is a literal one.
Aighneas
4IO ' PISSERTATIONS ON THE
Aighneas do ihabhairt Tighcarnuis do rcir an
Fheneacais do Shinfior.
Ag (o na hadhbhair far c6ra do A tigheamus do ghabhail, ina do B. Ar an adhbhar gurobe ^ as fine, agus as f earr do reir dhlighidh. Mar a dcr dligheadh Sinfior la Fine^ &c. i. c. an li as fine ar an fine do dhiil ifin FhlaitheamhnaSi agos mar a der dligheadh, Ara cbae ofar Jinfior^ &c. i. e. ceimighneadh an ti as aige riafan ti as fine as an Flaitheamhnas. Mar ader, Fo creanar am k fim acbt m ba aois diograidb, i. e. as fearr as inchcan- naighthe an te as fine do rer an f heneachais, adit munab aois do chuaidh o chongnamh i, ionus nadi iontughtha gradha no ceim flaithis di ar arfaidett, Mur a der, An // besjine aft do fet^ i. c. afe an ic as fine as remhteacbtaige, i.e. as toifionaighe learn dodhul ifin righe no ifin flaitheamhnas. Agos mur a der, dligbidb cean fogbaine^ dligbidb foifisr faor iogba^ do fit aoi aoifaibb^ i. e. as rcmhteach- taighe, i. e. as toifionaighe lem do reir cuifi dlighidh. an te as fine do dhul ifin flaitheam- hnas, oir diighidh an finfior athogha go faor, dligbidb an ti as fine afritheoladh go maith da
chur ifHaitheas. Agus mur a der, as redh gach r6dh, i. e. amhuii as redh imtheacht ar an fligh-
idh moir rddh, as amhluidh as rddh an id as fine do dhul ifin bhflailbeas. Agus mur a der, foim- rim gach aonach ceangair gach conair. Righin gachroilbhe, dall gach dubhadhaigh, i. e. torca
imtheacht
LAWS OF THE ANTIENT IRISH. 4n
leadings in favour of Senior- fucceffion to the Sovereignty, according to Lolvt.
L HESE are the reafons that A. (hould in dice be nominated to the fovercignty, rather an B. Becaufe A. is the fenior^ and moft cab- bie according to the law. Thus fayeth the Izw^ he elded of the tribe, &c.' that is, the fenior :xeeds to the fovercignty, and fays the law, he eldeft is the protedkor of the youngeft,* how en can he protect him unlefs he fucceeds to the vercignty ? Again, thus fayeth the law^ * fe* liority qualifies a man to be chief, unlefs fo old is to be degraded ;' that is, the fenioir is molt pable of ruling, unlefs fo old as to be unable to pport his government, fo that the rank of fo- reignty is not to be diverted but in the inftance )W mentioned. For fayeth the law, * The fe- lior is the chief finew of the (late, he is the forerunner,' that is, chief of the fovercignty. nd fayeth the law, * the fenior is the proper :hief, age gives him pre-eminence, and the law nominates him ;' Therefore, I plead, that iC eldeft be nominated to fucceed to the fove- ignty, for he is the moft proper pcrfon to ad- linifter juftice to the people. And it is faid, lere is one diredt road to all things, every beaten )ad is cafy to the traveller : thus is the road to^ le fovercignty free and open to the eldeft or :nior. Again, it is faid, fafe and eafy to the
traveller
4it CIS'StltTAfrON'S oKthe
f
imthetcht na hoidhdie. RighiB imthetdit tflebhe, urufa cetmDiughadh na fligheadh tDtm ibmharcaideacht gach aonach no gpuii tfMh ; fitmhutl fin it dtigheadh tuifi; i e. dfigheadh chtiirean finfior ittaoifidieadit r^^ tnaithe no ifin flaitheas gelfine, ara foi da leir dligbeadh tar dfaocra an tfofar dorAnt flaitheas ar » bfaeluibb. AgUa mtir m do^ t ruin amhaoinigh amhodb in nmirthi ' Violtar gpicb fineaebair, i. e. afe ni da jAr an feneaebaiay an re aa fine do dbul ^iMMa. Ro feaa aa nafiJaightbe spch ntaik lieadb; gach dlanlb fri fine^ gach finei fiafoM' efaas, gach feneacfaas fri fior, gach fior fa gach fafach fria dicheadai. Agni mtfr a deti ifcadh riar ireamhadh^ gtch duine dIq;^ieKklDf glurar utle iftntheamhum fior. Fo bid>ail$ wre, cogbearbha g«cb liuile nomh. Aicfite dire dligbeacb gach ndireach, i. e. aa do as dft heach learo tighearnas do tabhairt don ti aaw, & dircach gach ndileas, i. e. asanaadireadilcia an flaitheas do tabhart^ i. e. don ti dar dileas e, 1. e. don ti as fine. Agus mur a der a Seaadiaii ^.Ciflcr toirgfiona gach fine an tan as roarbbRi
* na tuaithe? as eadh dieather do gach gradhib
* tuaith teacht cano I&ndaimh go teach an Bnug-
* badh^ & ambeth r^ re tri noidhche an aga oon- ^ hairle cia do gebbaidh ifin bhflaitheambnas» k ^ gurob d gabhaid h ann an te dan duthaidh i, U
* gurob flaith a athair no a fean athair & go ralh ^ haid tri conntairifme aige, i. e. bailte puirt, k ' gurob iconraic d gan guin gan gold/
Adhbhar ele fan cora^ A do chur affiaitheas iai B, do beth in urtbuafacht na ttoifieachta r6 li
rudhartba,
AVrS OFTHE ANTIENT IRISH 413
/eller is the beaten road, but tedious and irk- le is the tracklefs mountain, and uncertain ia way on the deep feas; thus is the beaten road tn to the fenior to advance to the fovereignty oc ch(hip of a gel- fine; it is therefore meet and 3per, it is agreeable to the law to ek(X the kior and to reject the junior. Moreover it ia 3» the mod noble in blood, the moft wealthy in sftance, is always the moft renowned in every 1^, that is, if we judge q( fhefe things accord-^ I to the exprefs words of the law, the fenior mull poeed to the fovereignty. It is a known maxim, it all protection and fupport proceeds from the F| that the moft learned men proceed from the Ixt, and that every tribe is fupported by the inacas or laws ; that every law is founded in ifon, and that reafon proceeds from refledioa d communication of ideas each to the other, is known and allowed that the aflemblies of ilofophers in all ages, have always had recourfe the law in matters of this kind, and that their ice nominated the prince ; therefore when the IT is juft, let every man fubjedt himfelf to it| or the law of nominating the fenior is founded juflice, let him therefore be proclaimed fove-^ ^. But what fays the Seancas, (or our moft ^nt Gxle) ^ How is a tribe to condu6t them-- dves on the death of a fovereign ?— every noble 1 the diftrich ftiall of his free will, with fuU etinue, alTemble forthwith at the houfe of a iniigh, and (hall there remain in council during hreee nights, confidering to whom of right thq :>vereignty belongs, and they ftiall name him, rhofe right and propeirty it ifi to fucceed, him
whofe
414 DISSERTATIONS ON THE |IJ
rudhaita, gan fuaidredh gan mhiUfin a dU^ eadh uime, afe fin a cheart do fegcao tains dolii rh priomhfcript. Mar a der diigbeadh, * kgiil^ ^ crece gan eargaire/ i. e. madh do reachidhftifvfi an codhnaigh ina fiadnuifi, & gan a crofidhdm^ do fgutflad lea amhtiii fgo madh d Bn do fadh iad. Oir a der dligheadh gurobtr fiadhbharibh tug dia urlaUira do dhuine, it ^irmeafg uilc, do f horailearoh nuuthis, do taadh eoiuis & do iarraidh eoluis. AgDia dligfieadh, * gibe duine cellidhe arandcdUi ^ dmr no dochar do lathair fiSn, & go * athairmearg go leanann air muna caofai Agus ader dligheadh, ^ bi gach connndh ^ do r6nadh, & ni dligh eonnradh cq Ni dhligh coibhce cofgradh, ni dUghi athcuingidh, as gach naidhm amhuil fo . As gach cor amuii do ronadh. Ar ni cuir iar na ndluthadh, a meaa, a ttomha^^it imchifi, an iomradh ria na ndeanamh, ar taithmheac iar naidhm, ar na rob ghaoisflr mbaois, biothratha, bithdilli, amhuil fo-oaifcCi agus ader, Rutdhleas gach leughadh, hiixEki gach dilfiughadh : Tuidhmide gac cor, donioA* natdh l&mh & buel & teanga. Ader f6s, ts heflt ^ Conall Comhramhach, gidh feandia go tait eolus, ni taithmith annfm. Socorach gpch f«)^ faor gach faoithir ara bfiannarhar gaoith, i.e.# flain learn a afdadh an ni ro feadadar na gaoitbd; breth uatha an duibhart feafa. Agus amhtnl heart, afdadh caich iccoruibh beul ar baoi anbkA ipboile, muna afdadaois cuir beul : afeadh dall riaglach dlighidhfm anuas uile (gtdh ecfandn afuidhiughadh &c amighdair) gach dlightheadi «
cooradli
i
AWS OF THE AKTIENT IklSH. 41$
ife father or grandfather was a Fiaith, who three royal palaces,- and who had conducted ifclf in his fovereignty without plundering^ naiming his fubjeds.
Lother reafon why A. Ihould be nominated r than B. is, that A. has been many years ed and efteemed as heir to the fovereignty : .w has neither expelled him, or been turned ft him in any inftance. A. therefore pleads gbt ; for thus fayeth the law, ^ the man who ids thcitly by, and fees his property fold to an* er, that man (hall lofe his property as if he ifelf had fold it.' Again, fayeth the law^ d gave to man the ufe of fpeech, for thefe r reafons, to forewarn evil, to point out dnefs, to feek knowledge, and to com* nicate it/ And moreover fayeth thelaw, t man in his fenfes, who fuffers evil to be \t in his prefence, without endeavouring to venti t, let that man abide the confequences.* again, * let every covenant be fulfilled j it igainft the law to evade a covenant.' It is iwful therefore to fet afide a juft inheritance >ut caufe, or is it lawful for the other party, is cafe, to petition a gift : let every covenant cording 10 its terms, every furety according bonds. When once a furety is given, or a lant made, no law can diflfolve the terms, r in meafure, in weight, in tributes or pro- t: no art, no felfwill can afterwards controul at the letter of the covenant muft be ftridlly red to. Again it is faid, faithful and not to ontradi£ted is the written law, and binding :ry furety whether by hand or tongue. And
fays,
4J6 dissertations on the
conradh do bheth do r6r mur do nithear e iffiadh- nuifi daoine cellidhe go ffios doibh f6n gan thair* meafg.
Cuis ele chuireas B, o thighcarnus, i. c. B. do bbeth fionghalach, i. e. f hoil a f hint fi6n dodor- tadh do. Mar ader, dergf hine^ i. e. an finefion- gbalach. An fionghalach umuro bherid fine adb- iobhadh&dhe Sc ni bherid a chion & ni bhercan- nfomh diobhadh na fine & bcridh a cion. As eadh a chiallfin, i. c. gi be neach dheargus a lamb ' ar a f hine f6n ag dortadh a fola gurob fear fiongh- aile murfin e^ & nach coir a cor i ttighearBus. Agus f6s ata do reir dhlighidh nach tted a chion ara fhine (mur adertha cion comhoguis) &go tted a edhreacht alainr.h afine ara fhon fin. Gidb eadh ado ghe^na an fionghalach peannait do dhit & eric do dhuine ar Ton a mhighniomha do gebh achuid ronna do edhreacht a athar 8c a feanathar f£n & ni f haghann cuid don f hearann edbreachta coitchinne bhios ag an fhine uile. Agus ader dligheadh, ^ gurataigheas & guiedireaa & gutui- rufdai & gold Sc etheach, feall & fionghal & du- inetaidhe^ go tteafdann a laineanachlana o dhuioe fa gach enni diobhfin, & fgchtar mataid fin, no eanchor diobh ar, B. go tteafda a laineanacblaon uadha & ar na hadhbharaibh reamraite uile, gur eagur flaitheas ris & gurob do A. dleagar a tha* bhairt.
KND OF THE FIRST FART.
LAWS OF THE ANTIENT IRISH. 41?
fays, * Conall Comhramhach/ there is no break- ing the line of genealogy ; fafe is every free man, and free is every nobleman. And it is faid, flop that people wherefoever fituated, who would tref- pafs with their tongues, the fenfe of which is this, that a covenant made in the prcfence of men, not being idiots, (hall be binding without let or hindrance.
Another rcafon why B. is difquaKfied for the fovereignty is, that B. is a murderer : he hath fpilt the blood of his own tribe ; he is a dearg^ fine;, confequenlly as a murderer, the tribe take his inheritance, yet take not on them his guilt. Whoever ftains his hand in the blood of his own tribe, is a murderer, and cannot be elected to the fovereignty, yet, according to law, his kinf- men are not difqualified, although^his inheritance defcends to his tribe ; for, though a murderer does pennance to God, and gives Eric to man, he gets his portion of paternal inheritance, but none of the land he inherited in common with the tribe. And laftly fayeth the law, perjurers, falfe witnefles, falfe-fureiies, thieves, traytors, murderers, men- ftealers, (hall forfeit a full Eric for every fuch crime : Lo ! then if any one of thefe crimes can -
be proved on B, he muft pay the full Eric
for all thefe reafons aforefaid B. cannot be nomi- nated, and A. in due courfe of law is the proper lovereign.
END OP THE PIRST PART.
£ e
I
ColleSfanea de Rebus Hlbernicis,
NUMBER IV.
CRITICO. HISTORICAL
DISSERTATION,
CONCERNIKO TH£
LAWS OF THE ANTIENT IRISH.
R
IL
CONTAININO
The Tanistic Law of Senior-Succession, illus- trated in aa Hiftorical and Genealogical Account of the Kings of Munster.
BEING
An Essay on the General History of Munstii,* from the Beginning of the third Centuiy, to the Year 1C41 ; when Morrogh O Brien furrendered his Title of King of Munster to Henry VIII. and was created Earl of Thomond and Baron op Inchk^in.
CoBEpiied chiefljr from the Codex Momonienfis or Book of Munfter, the Annals of Innisfallen, Tighemaehy Ma* gradan and the Chronicon Scotorum of Clonmacnois.
Interfperfed with Obsertations on the various Tribes of Belgians, Livonians» Pruflians* Pomeranians, Danes* and Norwegians, who invaded this Country, at dif- ferent Periods, to the end of the ninth Century.
TO W H I C
It A D D I »,
Part of the antient Brehon Laws of lasLANDt
ia>
The whole intended as an Essay towards fumifhing fome Light for future Enquiries into the Origin of th« antient Irish Nation.
DUBLIN: LUKE WHITE.
KiDCCiLXXXTI..
' TO THE RIGHT HONOURABLE
WILLIAM O'BRIEN,
EARL AND BARON of INCHIQyiN, AMD BARON OF BURREN,
THIS FOURTH NUMBER
OF THE
COLLECTANEA,
CONTAIMING THE
TANISTIC LAW OF SENIOR SUCCESSION,
ILLUSTEATED IN THE
HISTORY OF HIS ANCESTORS, KINGS OF MUNSTER,
IS DEDICATED, BY
HIS LORDSHIP'S
MOST OBSDIBHT,
MOST HOMBLB SEKTAMT,
CHARLES VALLANCEY.
DISSERTATIONS
ON THE
NATIONAL CUSTOMS, AND STATE-LAWS
O V T H B
LNTIENT IRISH,
II.
CHAP.
*be Tamfiic Law of Senior SucceiHon iUuftrated in an biftorical and genealogical account of the Kings of Mutter of the DahCaJftan race^ ctmneaed with the biftory of the Eugenian Kings of Cajbelj and tbofe of the other provinces of Ireland.
DY way of introaudtion to the following uflory I think myfelf obliged to. inform the eader that my whole account of the lives and etgns of the Dal-Caffian Kings of Munfter^ from
Eogan
424 THELAWOFTANISTRY
Eogan More furnamed Mogh Nuagad, the ftock of that race, down to Kennedy the Father of Brien Borove king of all Ireland, haih been cxtraAed out of that old monument of Irifh antiquities the Codex Momonienfis or Muntter book, whereof I have an authentic copy ; and as no regular chro- nology hath been obferved by the authors of that ancient work, the reader, I hope^ will there- fore excufe the like defedt in that part of my hiftory ; and the more, as none of thofe few rf the general annals of Ireland which ftill fubfifi, hath furnifhed us with a complete and exad ac- count of the fucceflion of the Kings of Munfter of either the Dal CalTian or Eugenian race, until about the beginning of the ninth century ; from which epoch the reader may expedl a regular and true chronology down to the end of this cflky. In the mean time I judge it neceflary to prepare the learned reader for the firft part of diis hiftory, by apologizing for its drynefs and want of interefting tranfadtions or important events; nothing of the kind is to be expedtcd until the arrival of the northern invaders towards the end of the Vlllth century ; after which time the reigns of Kennedy fan of Lorcan, and thofe of his fens Mahon and Brien Borove and their fucceffors^ will open quite different fcenes of attion and bravery in repelling foreign force and maintaining regal independency. In the reign of Mahon fon of Kennedy, the reader will find a critical difler- tation concerning the faid northern invaders, whom our writers called Lochlannaice, the coun- tries from whence they came, and the caufes of
their
ILLUSTRATED. 4^5
ir emigrations and foreign expeditions, in the [Ith and iXth centuries.
Such readers as may be neither curious nor in- efted in mere Irifli affairs unconneded with cign hiftory, are at full liberty to pafs over the I part of the following eflay as flightly and as >idly as they pleafe ; but as to thofe who by ture are inclined to, and intercft themfclves ia latever may regard Irifli antiquities, and the tfcrvation of thofe venerable remains of the 1 monuments in which they were recorded ; ope I need not make them any apology for livering into their hands in its original fimplici- what I have found in the Codex Momonienfis ncerning the kings of the Dal-Caflian race, >ro the lid century to the beginning of the ^th : after which I fliall purfue their hiftory con- icled with that of the Eugenian princes, and her kings of the different provinces of Ireland^ xording to the authority of the beft annalst irticularly thofe of Innisfallen, Tighernach and s continuator, with thofe of Magradan, the hronicon Scotorum and of Clonmacnoifs, of all hich I have old and well authenticated copies, have chofen the fucceflion of the Dal-Caflian inces, preferably to that of the Eugenians for Trying on this hiftory, becaufe the Munftcr >ok does not furnifti any regular account of the inces of the latter family ; it were to be wiftied r the advantage of antient hiftory, that other I iters well verfed in Irifh antiquities would col- St all the accounts they could find of their refpec- ^c provincial kings, beginning at the Hid cen- tury j
4a6 THE LAW OF TANI8TRT
tury ; for I muft own I have but very little faith in many things that are delivered in the biftoriei of times preceding this epoch. Such an under* taking may facilitate the compiling of a gpod g^ ncral hiftory of old Ireland.
EOGAN MORE.
Eogan More, furnamed Mogh Nuagad, king of Munller towards the end of the lid century, was the fon of Mogh Neid king of the fame pro- vince, defcended from the royal line of Hdxr Fionn ; his mother was Sida daughter of Flamii fon of Fiachra of the Earnaians of Munller ^ he married Beara daughter of Eibhir fon of Mtdboa a king or prince in Spain, and had by her two fons, viz. Olliol Olim and Luig I^ga, and two daughters, whofe names were Caoimhniall and Sgoithniamh ; this inter-marriage between Eogan More and the daughter of the above Spanifli prince, happened while Conn furnamed Cead- chathach was king of Tara, and (tiled himfelf king of Ireland ; our brave Momonian king af- filed by Nuagad Dearg, fon of Dairinne^ fon of Baire, a prince of the Ithian race, with whom be had been educated, made war upon Luig AUab* hachfonofCairbreCromchin, fon of Daire Do- ranmore, and Aongus (both Earnaian princes and of the pofterity of Connaire More) for their ufur- pations in the province of Munfter ; he gave them three battles, one of which happened at Samh- doire, where Luig Allathach was (lain ; hereupon AonguSy being deprived of his powerful aflbdale
ia
ILLUSTRATED. 417
tifcrrpation^ and derpatring of being abfe tb ike head^gainft Eogan^ whofe power tad mi- uy ^ty was daily encreafing^ repairs to Conn e kir^ of Tara, and reprefents to him tht fatal mfequences of Mogh Nuagdd's vidtortcs. This ng moved at the complaint of his fiipplianty idjealous of the growing power and ret)utation Hhe Heberian prince, fnppiied Aongus with tcinforcethent of five thoufand men. Aongus I Vvder to vindicate his ufurped rights by fur- r^ing his adverfary, marches with all poffiUe loed ^t the head of his auxiliary troops, joined I the remains of his own fcattered army^ to die irritory of Ive-Liathain in the county of Gorki, "liiire Eogftn well prepared to receive Mm, ob-> Uned a fignal victory, and had the Iglory and itisfadtion of killing the ufurper of his father's town and kingdoni with bis own hand. This circunlftance brought on a tedious and loody war between our M^monian hero aiid loTin Cduldiathach, in the progrefs of wbich the >rmer proved victorious in ten fucccflive pitched attles, viz. the battle of Brofne, the battle of Jreine, the battle of Gabhran, the battle of Sam- aite, the battle of Athlone, the battle of Ath- fkil, the battle of Sliabh-mofaigb, the battle of ^dgh-crioch, the battle of Suama, and the l»t* le of Vifneach j thefe viftories fo far humbled and Dduced the power of Conn, that he was ghd to ome to an equal divifion of Ireland, between hihi ad his refolute enemy, and to content' hi mftlf fith the chief regal jurifdidlion of the northern alfy called from him Leath-Cuinn, or Conn's
halft
4ag THELAWOFTAMISTRT
half 'j the fouthern half, which was the hereditary right of Mogh Nuagad and his anceflors derived to them from Heber Fionn, was called Leatfa- mogh, or Mogh's half. The bounds fixed be- tween them were from Athcliath na Mearuidhei now called Clarin's bridge, near Galway, to the ridge of mountains called Eifgir-Riada, on whidi Cluainmacnoifs and Cluainirard are (ituated, and fo on to Dublin, By this means thefe two deter mined enemies came at lall to a reconciliatioD, and remained each in peaceable pofleifion of his refpeftive part, without infringing on the terri- tories of the other, or committing any hoitiiitiei for the fpace of fifteen years : at which term of time certain difputes relative to the duties of tbe port of Dublin happening between them, they aiTembled their forces at Magh-Leana, wfaeit Eogan being furprifed in his bed, was barbaroufly murdered by Conn in perfon, the night bcfoit the day on which the battle was to be fought Thus far our Irifh original of this tranflated ex- traft.
REMARKS.
Keating*s account of the origin, progrefii and circumftances of the above defcribed war, by which Eogan More recovered the hei'editary ri^ of his anceftors, differs in fome material refpeds from the above narrative. He fets forth that the Earnaidhs, who derived their origin from Hcri- mon, and confcquently of the fkmc ftock with king Conn, had fo far overpowered the defcend-
ants
ILLUSTRATED. 419
B of Heber Fionn, that three chiefs of thofe Liigers ufurped at the fame time all regal fway Munfter, viz. Luig Allathach, Daire Doran* tre^ and Aongus. That Eogan More in this Mtion of his affairs found himfelf under the ne* Eity of craving the aififtance of Daire Barrach, I of Cathoir More, king of Leinfter, of the . aremonian race, with whom Keating fays that gan More had been educated, inilead of attri- ^ ting his education to Nuagad Dearg, fon of Lirinne, Ton of Baire of the Ithian race, for lom Keating muft have miflook Daire Barrach, account of the refemblance between his name d that of Dairinne Mac Baire. Keating adds. It this king of Leinfter, fenfible of the wrong dufurpation carried on by the Earnaidhs againft ogh Nuagad, fupplied him with fuf&cient forces recover the crown of Munfter. Eogan at the ad of thefe auxiliaries marched into the pro- nce of his ancefiors, and halted in Ive-Liathiain, w called Barry more, in the county of Corke ; re Aongus made head againft him with a nu- ^ous army I and a bloody battle enfued, in lich Eogan More being vidtorious routed the emy and purfued them fo clofe, that he drove ;ro entirely out of the province. He afterwards rndons Aongus*s flight and application to Conn adchathach, and his return at the head of fif* fi thoufand auxiliaries, and that having en- ged Mogh Nuagad in the abovementioned mtry of Ive-Liathain, he was totally defeated econd time, and the remains of his army all ited without any further poflTibility of returning
to
419 THE LAW OF TAMISTRT
to the charge. The reader will obferve the dif. fcrence between the two accounts, not only with regard to the prince, who is mentioned as tlie iei| alBftant of Eogan More, but alfo as to the or- cumftance of K*^ating*s making Daire Dono- more, one of the three ufurpers at the fame time together with Luig Allathach and Aongus; wilQ^ as our manufcript mentions but the two latter. And Keating*s account in mentioning Daire Do- ranmore as one of the ufurpers, feems to be the more inconfiflent,as the faid Daire was the grand* father of Luig Allathach by his fon Caibre Crooh chion, according to his own genealogy of G>iiue the fecond monarch of Ireland, befides the oo- natural order of placing Luig Allathach in d% firft rank of the ufurpers before his faid gnndb. ther.
O^FlabertyV account of the circumftancei d
this war, Ogyg. p. 315 — 16. is remarkably dif* ferent from both Keating and our original ; with- out introducing any previous motive of that qou- rel between Conn and Mogh Nuagad, he begun with informing us, that after flrenuous eShm and eng3gcn?.enrs between thofe two princei, Mogh Niuigad was obliged to tranfport lumfdf to Spain, where after nine years exile, he entered into an alliance with Fraoch, fon of Heber and grandfonofMidna, a Spanifh prince, with whofe fifter Beara he contracted marriage. That dm Spanifli prince Fraoch, coming to Ireland with bis faid fifter and brother in law, at the head of a pow- erful army of his own fubje6ts, not only re-efti- bliOied Mogh Nuagad in the throne of MunflcTi after defeating Conn in ten fucceflive battles, but
alfo
I LLU ST R A TED. 431
forced him to come to an equal divifion of
whole ifland with his victorious antagonift^ »pofleffed himfelf ofthe fouth half according le above defcribed limits. This hif lorian fur-
tddsy that the faid divifion fubfilted not ^ than one year, contrary to the above ac* it of fifteen years, and concludes with telling that Mogh Nuagad having claimed the fo- %hty and commercial duties of the north fide lie harbour of Dublin, king Conn met him I idl his forces on the plain of Magh-Leana, are liaving found Mog^ Nuagad of fuperior le, fae furprized and killed him in his bed the lit befbre the intended day of battle ; but pre- 3b at the fame time, that Goll, fon of Moma, \ the immediate perpetrator of this murder : . this Chriftian hiftorian thinks proper to jufti- t by the Heathenilh poet's text, ihhis an virtus
in ixfte regmrat f Thus far 0*Flaherty. Mother account of the battle of Magh-Leana xsrts, tiuit early in the morning before day- it, Conii having furprifed Eogan More in his t, where he gave him a mortal wound while id'afleep in his bed, the guards and army of wounded king foon took the alarm, and put mfeh^es in order of battle at the firft dawn of f ; that Eogan More, nolwilhftanding his mor- wound, fought for fome hours at the head of army, until fuch time as he had the fatisfac- a of taking revenge for his life by a great ighter of his enemies : and after that expiring he field, his army (till continued to difpute the tory with fuch refolution and conftancy as : the enemies no room to boaft ofthe advan- tage
432 THELAWOFTANISTRT
tage they had derived from their inglorious ftra- tagcm of a noAumal furprize.
But to return to our original ; it concludes the hiftory of this valiant prince Mogh Nuagad with obferving, that his death was univerlally lamented by all his fubjefts : becaufe he was juftly cftccmcd to have been one of thofe kings who beft defervcd of the Irilh nation by having fignally relieved it in a time of great fcardty and famine. Hiseldefl fon, Olliol Olim, having not attained the required maturity of age at the time of his father's death, Macniad, an Ithian prince, whofe family was al- lied to that of Eogan More, was therefore tc- knowledged as fovereign commander of Leatb- Mogh by all the princes and Rates of that king- dom. This prince thus veiled with the cbicf command, was urged by the princes and people of Leath-Mogh to march diredtly at their heid againft the treacherous enemy, to revenge the death of their late king. Conn and his forcc$ being informed of thisrefolution, and apprehend- ing the confequences of a war, which (hould na- turally be animated by thejuft refentroent of the Memonians, declined appearing in the field; judging it much more fafe and prudent for him and his people to agree to any terms, than ta- zard their lives with a defperate and formidable enemy, furioufly bent upon revenge. Confe- quent to this determination, and in order to ob- tain aceflation of arms. Conn propufed the fbt-' lowing condilions, which were accepted of by the Memonians, viz. That he fhould deliver into tbdr hands 200 flaves, zoo chariots, 200 deeds, 200
bargei
ILLUSTRAtED. 433
rges, 20O javelins, 200 fwords, and 2cx> Liads ; befides his own (hield and fword. That lerablc monument, the Codex Momonienfis, es on with informing us, that the ambafTadors It by Con on this occafion were Ciodhruadb, 1 of Fircaogat, and Croitin, both the mofll iioguifhed poets of Leath-Cuinn in their own y«. The former's poem, explaining the cir- mltances and progrefs of this whole affair, is in- ted in our original. Thus it came to pafs, it the Momonian troops were prevented from irenging by the fpilling of blood, the death of or fovereign. Conn neverthelefs did not long ::apc the divine vengeance, for within the tee of two years he was killed by Tiobraid- each, fon of Mai, Ton of Rochry, of the royal e of Ire.
OLLIOL OLIM.
Eogan Mofe, or Mogh Nuagad, left two (bns his wife Beara, viz. Ollrol OKm and Luig iga, as above explained. The latter was re- irkable for his extraordinary ftrength and agi- ^ of body, as well as for his dexterity in hand- g alt military weapons, fo that he is generally knowledged as one of the moft famous heroes^ Irifli ftory. He flew Art, fon of Conn Cedd- Bthach, then king of Tara, at the battle of agh-Mochririme, near Gal way, where he af- :ed Mac Conn, fon of the above Maicniad, ainft this fatd Art, without regard to his own phews, the fons of Olliol Olim, who were fight- l for him at the faid battle, where feven of
F f them
436 THELAWOFTANISTRT.
Oirigc, iz. Eecha Dtmona. The above fevco fons of OUiol OGm by Saidhbh fought for thdr undc Art the fon of Conn at the battle of Mag|i- Moobruime, out of which no more than tvo efcaped, viz. Cormac Cas and Cian ; the aboic Eogan Cs^mh was elder brother of Connc Cas, and left a fon called Fiachra MiiUeathiD. Fkherty, Ogyg. p. 331, nientions the abofe Eocha Tsebh-fada or Eochains, a bffgo hten^ as he joflly interprets his name, as having been killed tcgjether with his brother Cian by Feargus Dub- deiidach the fucceflbr of Mac Con, in a battle wluch they fbiight for Corniac the fon c^ Ait, foo of Conn Ceadcbathach. •
Olliol Olim by his laft will and teflament (after a peaceable reign of 23 *ynrs) deimfcd and fettled the perpetual enjdy ment of the crown of Leath-mogh upon the male iflae and pofterity of his two eldeft fons Eogan and Cormac Cks, l^ a fuGceilion which (bould be exactly and uoin- tcrruptcdly alternate between both branches: with this particular condition and law, that tbe eldeft prince, if capable of governing, fliodd always fucceed out of either brandi. Sec Flaherty Qgyg. p. 326, compared with p. 57, 1. 28, 29; this law of fucccflion was obfcrvcd regularly enough between tbe two branches for fevaral generations (as Keating and Fkhcrty have
alfo
M J^ I? ^^^^^ *'* ^^ ^* computed from the time he exiled Mac Con, fon of Mac Niad, who had raffed diftur- b^ac^ in bis kingdom, for in fome of the lifts of rcwl facceffion he is alkwed fifty years reign.
ILLUSTRATED. 417
alfo obferved) after which fome abufes and violar tions have frequently happened, as it was natural to expedt. We ihall however fee through the • courfe of the following extra^, that thisi law of alternate rucceflion carried on according to the right of feniority, has been always infifted upon whenever any infringments or^ ufurp^ttons werfe attempted by high-hand.
COR MAC CAS.
Cormac Cas fon of OUiol Olim was the fucceed- ing king; this prince was remarkable for hk • / ftrength of body, and was eiqually dexterous and refolute. It is recorded of him that he was oAe of the moft diftinguifbed Iri(h champions of tht age he lived in ; he eftabliihed a certain chief- rent to be regularly and propprtionably paid by the different dates of Leath-mogh to the king thereof for the fupportof bis perfon and dignity; by bis fuccefs in all military operations, his haine became a terror not only to the inhabitants of Ireland, but alio to foreigners ; he defeated and brought away fpoils of great value at thirty dif- ferent times from the Welfli^ who came over to the afliftance of the Lagenians againfl him, which made the latter return to their obedience, fubmit themfelves peaceably to his government, and pay him the above tribute of Eidirfgeoil *^ he fupported the rights and privileges of the cfown of Leath* mogh in eight battles againjd the other provinces, viz. the battle of lorras, the battle of Damhfa, the battle of Carman, the battle of Liamhna
againll
THE LAW OF TANISTRT
flgainft the Lagenians who had revolted from their obedience, the battle of Cruachan ag^ the people of Connaught, the battle of Teambir or Tara againft Fioncha, the battle of TaikioD, and the battle of Samhna, in which laft cDgag^ ment he flew an Ultonian prince, and wis himfelf grievoufly wounded. He married Sun- hair the daughter of the celebrated Fionn Mk Cuil, hereditary chief general of the famoos military corps called Clanna Buoifcoine ; andbd by her three children whofe names are Mog|h chorb, Aife and Eadaoin. After the death of Cormac Cac, his nephew Fiacha Muilleathan, by his elder brother Eogan Ca^mh, fucceeded to the throne of Leath-mogh ; this prince diftingui(bed his martial fpirit by a timely exertion of Us power againft Cormac, fon of Art, Ton of Conn Ceadchathach, who had made a fudden irruption into Munfter at the head of all his forces, with a view to make that province tributary to hisaown. Fiacha Miiilleathan gave him battle at a place called Drom-dabhaire, now Knocklong, in ihc county of Limerick ; where he defeated and routed his army, the remains of which he pur fued all the way to Offory, where he overtoook Cormac and made him prifoner of war, who was glad to redeem himfelf by a folemn engagement, confirmed by the delivery of hoftages, not only of repairing all the damages caufed by his unjuft invafion, but alfo of never molefting the king of Munfter for the future, or fetting up any pretcn- fion of Aipremacy or right of tribute from his
kingdom,
ILLUSTRATED. 439
kingdom, which never owed any to the kings of Tara or to any other but its own.
MOGHCHORB.
Mc^hchorb fon of Cormac Cas fucceede^ in the fovereignty of Leath-mogh immediately after his coufin-german the above Fiachra Muiileathan ; he was a very powerful and brave prince, and well experienced in military operations and difcipline ; he obliged the dates and princes of Leinfter to pay him the tribute of Eidirfgeoil\ he was as formidable to foreigners as his father had been ; it was in his reign, that the moft bloody and memorable battle of Gabhra was fought, A. D. %96^ between him and Cairbire Liflfeachair, fon of the above G)rmac, king of Tara, wherein moft of the ftanding army that had been lately com- manded by Fionn Mac Cull and its renowned heroes calkd Fiana Eiriann^ or Phenians, who were of Mi^hchorb's party, had been flain, after having made an equal carnage of their rivals the Clanna-Moirne, who fought for Cairbre LifFe- achair. Moghchorb reigned for the fpace of twenty years according to the Reimriogra^ or Regal Kalendar.
FEARCHORB.
Fcarchorb fon of Moghchorb, was proclaimed Icing of Leath-mogh immediately after his father's death, and reigned J fcven years accord- ing
^ In fome of the lifts he is allowed twenty years reign.
440 THE LAW OF TANISTRT
iDg to the Rjnmrugra, or Regal Kalcndf. He was a warlike and cnterprifing prinoe^he engaged in the pitched battles of Ilachta toi Tailtion with the prmces and flates of Tans ia the latter of which the famous champion Tine, fin of Triun, fell by his fword ; he fought fevoil battles againll the different provinces and prina- pabties of Ireland both feparately and conjenc. tivdy, excepting the province of Leinfter, wlieh always fubmit ted to pay him the tribute of £!£/• gevil. It is acknowledged by ail irifii antiquariff, that for his liberalit) and generous fpirit, he vas not inferior to any prince of the f rifh nation, ud they further add, that it was a conftant masm with him never to fit to an entertainment withott the focial attendance of a hundred of bis nobks at kaft. This prince defeated tlie comlMned foRcs of the princes of Connaught and their aliies at the battlea of Ceara, of Cruachaa and of Coniinn, in vindication of his right to the immediate fovereignly of the country now called Thomond, which originally belonged to his anceftors.
AONGUS TIRACH.
AongusTirach, the fon of Fearehorb, fucceeded to the fovereignty immediately after Ollil Flann Beag, the fon of Fiachra Muilleathan ; he was a ftout and courageous prince j he flew with his own hand Fiacha Figinte, Ton of Daire Cearb, in the famous battle of Cliona ; he was remarkaWc for the llridinefs of his laws, as well as for his candid and unbiaffed judgments j and agreeably to that
principle,
ILLUSTRATED. 441
priaciple, he nevei^ would favour his noareft or 4caKfl: friend againit his moft warranted enemy in prejudice of the truth ; he uled all poiiible means to rea)ncile people at variance, and pro« mote true concord and barmuiy among his fub- jefts, and was generally chofen by the contending prince of the whole nation to be umpire and arbitrator of their difputes, and they always agreed to his determination.
LUIG MEANR
Luig Meann otherwife Luig Lamh-dearg, the fbn of Aongus Tirach, filled the throne of Leath* mogh.' He was a prince of uncommon ftrength and aAivity of body, and was diflinguifhed for has judgment and (kill in conducting military opera- tions; he fought feven bloody battles with the Conatians, in all which he had the advantage, and killed feven of their chief princes ; he fo harraffed them by frequent attacks, and laying waile their territories with fire and fword, ftill purfuing the advantages he was ufed to gain, that they were reduced to the neceflity of fubmitting to his own terms; but this prince too generous to avail himfelf of all the advantages the laws of arms had then entitled him to, deprived them only of the country now called Thomond, extending from the bay of Killcolgan near Galway to Limerick & and from Lough-dearg to Leim-Cuchullan, now called Loop-head, otherwife Cape Leane at the mouth of the Shannon ; to this tradt of ground he had ajullandantient claim, inafmuch as it was
within
44a THE LAW OF TANISTRT
vrithin the limits of Lcath-mogh traced out from Galway to Dublin; thus the vidtorious Luig Meann contented himfclf with the glory of re- covering the right of his ancellors, and acqmriog for his poftcrity the enjoyment of thofe lands as a perpetual memorial of his valour.
The Pfaltar of Cafticl, here cited by the original, and other antient records, defcribe the entire pa- trimonial eftate and dominion of Luig Meann and his pofterity, according to the following de- lineation and limits, viz. from Leim-CuchuHan, or Lcim-na-Con, in the weft of Thomond, to Sliabh-Bladhma or Bloomy mountain in Ofibry, jjiow between the King and Queen*s counties ; and from Carran-Fearaidh or Knock-Ainc in the county of Limerick, to Ath-Lucad on the fron- tiers of the county of Galway. Others have traced them from the Ides of Aran, to Sliabh- Eibhline near CaHiel, as well as to Knock-Aine, and from the faid Leim-na-Con to Slighe-Dala in Oflbry ; which is a more exad delineation of the length and breadth of the Dal-Caflian eftate, than that of O Flaherty, who gives them no other breadth than from Sliabh-Eachty on the north fide of Lough-Dearg, to Sliabh-Eibhline in the county of Tipperary.
Luig Meann was equally fuccefsful in his en- gagements with foreigners, for he routed the Welfh invaders in many defperatc conflids at various limes, and expelling them quite out of his dominions of Leaih-mogh, he followed them •with a powerful fleet to Wales ; which when they had been apprized of, they prevailed with the
neighbouring
ILLUSTRATED. 443
sghbouring ftates to fend them fuccours againft foreign and common enemy. But the brave ligMcann, undaunted at their vaft preparationa, irches through the country in a hoftilc manner^ id being oppofed by ihe enemies, he overthrew em at the expence of much blood with all their liloxiliary forces, and receiving the fons and ^jP^ughters of their princes and chieftains, in quality mtf' hoftages for their future obedience and the itying him homage and tribute as to their lawful ing and fovereign, he returned home to his own Aungdom, and regularly received their annual iSributes. In like manner it is added, that he went »%^p<>n hoilile expeditions into Scotland, from Tw^lience he returned equally vidtorious and fuc- - JcefifuL This fame Luig Meann is here repre* «Xciited not only as king of Leath-mogh, but is ■ alfo confidered equal to the monarch of Ireland, ■^^n power and influence over the natives, which authority he had gained by his own fuperiour ; Valour and extraordinary abilities of mind.
CONALL EACHLUATH.
After the death of Luig Meann, Criomhthan
. ^lore, fon of Fioga, of the pofterity of EoganTon
•of Oliiol Oluim, being king of Ireland, ceded the
^l^ingdom of Munfter to Conall Eachluath fon
^f the faid Luig Meann, for whom this monarch
liad a perfonal affedion from his having been
^ucated at his own court from his youth. This
circumilance highly difpleafed the defcendants of
Fiachra Muilleathan, who reprefented to Conall
that
^144 THE LAW OF TANISTRT
^t he ought as well in regard to his own honour, as to the juftice which was due to his kinfmen n blood, by iio means to accept the donation of the generous monarch, and the more fo, as he waswcD convinced that Core Ton of Luig of the fineal defcent of faid Fiachra Muilteathan, had both age and experience enough to take into his handi the reins of government. This remonfiranoe hd fuch efTed on >he generous mind of Comll Eachluath, that by a very rare example he coo- fented to conr^romife his right to the crown he was poffeffed 6{^ and refer the whole matter to tk folemn judgnlent of an aifembly of the princfi and dates of ^unller; thofe princes being af- fembled on this important occafion decided, dat Core Ton of Luig, in virtue of his right of Sco- ority, {Oir fa bi hudb Ssme^ are the very wocdi of this hiftorian) Qiould be firft entitled to die rule of the kingdom ; and as a further motive of this decifion, they alkdged, that a defceodant of Cormac Cas had been laft in pofleilion of die crown of Leath-mogh, and therefore, that in con- fcquence of the laft will of Olliol Olutm, ihdr common parent, (which was held inviolable con- cerning a regular alternate fucceffion to the fove- reijgnty of Leath-mogh in the pofterity of Piachn Muilleathan, and the royal line of Cormac Cas) the defcendant of the former had now the beS right to the fucceflion ; and on the other hand. Core fon of Luig, and the other princes w Leath-mogh were obliged by the fame fentence to deRver up their fons to Conall Eachluadi in quality of hoftages to infurc him of his
fucceflion
tLHTfrTRATED. 445
effion immediately after Core fon of Luig^ to ixiaike die fame good to bta fon m cafe the Core (hould out-live himfelf. Upon this {6on the princes of Munfter by their foiemn BBce conikmed and ratffied the Will of
>101iiiro, concerning the State-law of alternate effion between the defcendants of his two 1 Eogan More and Cormac Cas. Thus it e to pafsy that ConaU Eachluath fon of the re Luig Meann, was content to cede the reins go?ernment, which had been put into his hands lie monarch Criomhthan, to Core fon of Luig ht pofterny of faid Eogan More. ?he faid ConaU Eachluath, after the deceafe !Iorc his competitor, refumed the government Lhe kingdom of Cafiiel, and Criomhthan his ner friend ftillkingof Leath-coin, being em- ftd in carrying on wajs in foreign countries^ Lblifhed him during his abfence in the fupreme imand and adminiftration of his fliare of the nd. Conatl was not inadtive in this commif- 1, for he ezercifed Criomhthan*s power, with ich he had been vcfted, not only titularly but !£tuaHy, and accordingly difpofed of polls h civil and military throughaut the kingdom, 1 received hoftages and the payment of tributes m all the northern provinces and Hates. This lole tranfaftion is defcribed at large in Cormac Kc Cuillionane's Pfaltar of Cafhel, in a poem pnning with the words, ** Cain ro gabb OmaU Eacbhatbr
EANNA
44S THE LAW OF TANISTRY
his twelve fons, referving only to the eldeft, in cafe of his furviving himfelf, the fupreme power and authority^ with all the rights thereunto belong- ing. It is here to be obferved, that the offspring of Luig Dealbhaodh, who from their father's fir- name were called Dealbbnaidhs, made other great fettkments for themfelves in Meath, Oflbry, and Connaught ; all which different pofleffions were called Dealbhnas or Delvins, but diftinguiihed by various fimames. The country called Delvio. More was in Meath, whofe former Lord wai OFinnallain, a Dal-Caffian, which title is now in the Nugent family , barons of Delvin, and earls of Weil-Meath. In the fame province was likewife Ddvin of Teanmoy. Delvin- Eatbra, ik>w of the King's County, was the lordlhip of Mac CoghUo \ Delvin-Nuagat, now a part of the county dKcf- common in Connaught ; Delvin-Culfabhar tad Delvin- Feadha, were likewife in Connaught, the latter in Tirdaloch to the weft of Galway ; it was divided into two diftridls called Gno-moresnd Gno-beag, of which now confifts the whole ba- rony of Moy-Cuillin. The O Conrys were an- tiently the chiefs of Gno-beag, until they were panly difpofleffed, and partly made tributaries bj the O Flaherty's.
B L O D.
Bled, fon of Cas, fucceeded his father in the principality of north Munfter. This prince had four fons, viz. Carthan Fionn, Carthan Dubhi
Eccha,
ILLUSTRATED.
£ocha, and Breanan Bin : this hiftorian is alto- gether filent of his aftions.
CARTHAN FIONN.
Carlhan Fionn, other wife called Carthan M6re, immediately fucceeded him. This prince lived when St. Patrick was preaching the gofpel in Ire- land, and was baptized by him at Sanigean, or Sainaing6al, near Limerick. He had three fon«, whofe names were Eocha Baildearg, Aongiis Tuillidh, and CormacCoichin.
EOA.CHA BAILLDEARG.
Eocha Bailldearg, the fon of Carthan Fionn, ruled next after him. This prince left two fons, viz. Conall, who did not reign, and Breacan Aran. The former dying before his father Eo- cha Bailldearg, had two fons, viz. i. Aodh Caomh, who became king of Calhel, 2. the faint Molualobliar, who was the firft founder of the church of Killaloe.
CORMAC COICHIN.
Cormic Coichin, the fon of Carthan Fionn, fucceeded his brother in the fovereignty of North- Munfter.
AODH CAOMH.
Aodh Caomh, the fon of Conall, fon of Eo- cha Bailldearg, fucceeded his grand uncle Cor-
G g mac
449
*i '
THE LAW OF TANJSTRY
mac Coichin. He was the firft Cbriftian prince of his family that became king of all Munftcr. His inveilituie, with the authority and title of king of that province, was performed at bis own court in the prefence of St. Breanan of Clonfcrt, and of his domeftic poet Mac Leinein, afterwards firft bifliop of Cloy ne, and by the concurrenaof Acxih Dubh, the father of Fignin and FailUic Flann, and fonofCriomhthan, then chief ^cpr^ fentative of the Eugenian race. Thcfe two princes, attended by the nobles of their refpcdiivc tribo» met on the plain of Magh-Feiminy betwem Cafliel and Clonmel, with a view to confult abom matters of public and common concern, and af- terwards repaired to the court of Aodb Caombi where the Eugenian princes were fplendidly ea- tertained. Here it was, that tht^ Da}-ca^ian prince reprefeoted to Aodh Dubh his own right to fill the throne of Cafhel ; but the Eugenian prince could by no meansl)e prevailed upon to acknow- ledge him fovereign of that kingdom, until fudi time as he was enfured of his own or his fon's fucceffion immediately after him. Of which he was fatisfied by having had the holy Brean^an and Mac Leincin given him as fureties for the per- formance of this public contract. The truth of thefe particulars is confirmed by the teftimony of that faint, in a poem attributed to him, which begins with the following words : Au da Aodba mo dba cbaraidfoun a raon.
FORRANAN.
ILLUSTRATED. 451
FORRANAN.
Forranan, fon of Fionan, fon of Breanan, Ton of Eocha, fon of Caifin, fon of Cas, fucceeded Aodh Caomh in the throne of North Munfter.
D I O M A.
Dioma, the fon of Ronane, fon of Aongusi Ion of Carthan Fionn, collateral kinfman in the fourth degree of the above-mentioned Aodh Caomh, was the next Dal-caiTian prince, who laid claim to the crown of Cafliel after the death of Finine, eldeft fon of Aodh Dubh, and anceftor of the O^SullivanSy who, purfuant to the above agreement made between his father and the faid Aodh Caomh, fucceeded the latter in the fover- cignty of Cafhel. This Dal-caffian prince, Dio- ma, fupported his right to the crown of Ca(hel againft Failbhe Flanh, younger brother of the above Finine. Thefe difputes very probably xnufi have been attended with great effafion of blood on both fides, had not the clergy of Mun- fter jointly offered their mediation, which waa accepted of by the two contending princes. That venerable body being alTembled on this occafion, and judging that the ftate law of regal fucceffion (hould be inviolably grounded upon the right of feniority, concluded that the alternative, claimed by Dioma, fhould not then take place in preju- dice of Failbhe Flann, inafmuch as the latter was of a maturer age. But with this referve and claufe in favour of the faid ^ Dioma, that he or
Gg 2 his
THE LAW OF TANISTRY
his dircdl heir (hould reign immediately after faid Failbhe. And this condition and daufe, as aifo the following articles were enfured to him by the ftridteft obligations and the delivery of hoftages. The further articles ftipulated by Dioma on this occafion, were,
1. That in confideralion of his giving up the kingdom of Cafhel into the hands of Failbhe Flann for that turn, neither he the faid Failbhe Flann, nor any of his tribes or fucceflbrs in the fame throne, (hould ever claim any fovereign power or right of tribute over the kingdom of North-Munfter, according to its known limits and boundaries, from Slighe-D&la in Oflbry, to the well of Ireland, on both fides of the Shan- non, and from Sliabh-Eibhline, Ca(hel, Knock- Aine, and the river Fell, its fouthern limits to Galway, and theifles of Arran towards the north.
2. It was ftipulated by Dioma, that the king of North-Munfter ftiould ever after be lawfully and avowedly entitled to a fovereign jurifdidlion over the countries, which the anceftors of the Dal* cailian princes had beftowed on different families in South-Munftcr, viz. That of the country in- habited by the poflerily of Mac Conn, fon of Maicniad, of the tribe of Dairinne and Ithian race ; inafmuch as it was Cormac Cas, fon of Olliol Olim, beftowed them on his mother Sadhbh's grandfon, called Maicnaid, the fon cf Mac Conn, (for Sadhbh, daughter of Conn of the one hundred battle, was firft married to Mac Conn's father.) Thefe lands were of the royal cftate and patrimony of Cormac Cas, becaufc Olliol Olim had made an equal divifion of the pro- vince of Munfter between him and his brother
Eogan
ILLUSTRATED.
Eogan More*s fon Ficha Muilleatban, dedudting only thofc territories which he appointed as the patrimony of his third fon, Cian, in the norlh-eaft part of the faid province, which were added to the other poflcflions of his in that of Leinfter. Fiacha Muilleathan fliared no part of his own divifion with the fons of Mac Conn, though his coufin- germans ; he and they being all grand-fons of the above Saibh. But Cormac Cas, from his natural tendernefs for Macniad, who was his nephew by the half blood, beftowed upon him a vaft tradlof ground, which comprehended all the weft part of that country we now call the county of Corkc, and was from the time of that donation diflin-, guilhed by the name of Corcalaidhe, as being then pofleffed by the pofterity of Luig Ladh, who was the grand- father of Mac Conn. The Dal- caffian tribe did therefore efteem ihemfelvcs en- titled to claim the fovereignty of a country which had been the free-gift of th^ir anceftor. It was further covenanted between Dioma and the Euge- nians, that the Dal-caffians (hould have a like fovereign jurifdidtion over the one-half of the country called Ibh-Eochach, now corruptly Ibh- Echach, in the weft of the county of Corke ; in- afmuch as it was the free donation of Conal Eachluath to Eocha, fon of Cas, fon of Core of the Eugenian line, whom the former had bred in his court ; and when his uncles and brothers would not allow him any ftiare amongft them, the generous Conal fettled him in the above-men- tioned country. In the laft place, it was ftipu. iated that the Dal-caffian princes (hould recover
the
453
454 THE LAW OF TANISTRY
the fovereignty of the country then called Ibh- Torna-Eigeas, and now Clan- Morris, in tbe county of Kerry, becaufe it was Conal Eachlutth that had given all that territory as a dowry to his daughter Caomhfionn, who was married to Tor- na^igeas.
Dioma's pacific difpofition, to which, accord- ing to this author, he facrifioed his tndifputable right of alternate fuccelTion, was however r^ warded by providence ; inafmuch as it is cotaio, that he lived to wear the crown of all Muoficr, and was brave and fuccefsful enough to have re- pulfed the invafion of all the Conatian forces, un- der the command of Guaire king of that province. ' Our author informs us, that in Dioma*8 reign, iH the princes and dates of Connaught having jancd their forces with a view to recover the country now called Thomond, of which they had been difpoffefled by the brave Luig Meann, made a fudden irruption into the province of Munfter, where Dioma foon met and engaged them in a bloody battle at Carran-fearaidhe, now called Knock-Aine, in the county of Limerick, where he gained a complete vidory, and killed five of the Conatian princes, whofe names were Maol- dune, Maolgaillid, Donall, Maoldubh, and Maolbreafal, together with four thoufand of their inferior officers and loldiers ; and many others were made prifoners.
Note ; that the abovemenlioned mediators in
their fentence concerning the refpedlive pretcnli-
ons of Failbhe Flann and Dioma, have not (hewn
r a juft regard to the Hate law of fucccffion made
by OUioI Olim, by which an cxaft alternative of
fupreme
ILLUSTRATED. 4^?
fu{M'eme governhr.ent was enadted and fettled be- tween the priiiccsof both tribeS. Thole arbitei's igrounded their fcntcnce Tolely and entirely Upon the right of feniorily in Failbhc Flann, without confidering, that his elder brother Finine Wiethe irhitiediate predeceffor in the throne of Cafhel, arid cdnfequently that the next alternative bc- loiiged of all right to a prince of the Dal-cafliah tribe. The thaniftic law of fucceffion, chiefly, if not folely grounded upon the. right of feniority^ was to be obfcrved amongft the princes of one and the fame tribe, in refped to each other ; but with regard to the princes of the two different tribes of Eugeniansand Caflians, and their mutual rights refpeftively to each other, the chief and fundamental point of the (late law of fucceffion enatted between them by the will of OUiol Olim, was the alternate enjoyment of fupreme power and government in the throne of Leath-mogh. This point we (hall hereafter find to have been ir(i(ted upon from time to time, even by ihe Eu- genians, whenever they found it ncceflary to have recourfe to it.
Our original fets forth in this place, that from the fird eftablifliment of the Chriftian religion in Ireland, to the time of Lorcan, the grandfather of Brien Boromh, feven princes of the Dal-caffian race had enjoyed the crown of Ca(hel and ail Munfter. Their names and ferles of regal fuc- cc(5on, together with other princes who were only Icings of North- Munfter, to the time of Lorcan, are as followeth : i. The above Dioma, 2. Feardomnach, fon of Dioma, king of Calhel,
&c.
456 THE LAW OF TANISTRY
&c. 3. Ainlcadha, fon of DIoma, king of Calhd, &c. 4. Dubhdin, fon of Dioma, king of Calhcl, &c. 5. Ccarnach, fon of Ainleadha, king of Calhcl, &c; Torpa, fon of Cearnach, king of North-Munftcr ; Donal, fon of Eichiaran, fon of OUiola, fon of the above Fcardomnach, king of North- Munftcr , Finachta, fon of Eichiann, king of North- Munftcr ; Cormac, fonofDooa( fon of Etchiaran, king of North-Munftcr. 6. Rebecan, fon of Mothla, fon of Maehuille, of the fame dock with Dioma, king of Calhel.
L A C H T N A.
Immediately after the ahernatives of the abov^ mentioned Caflian princes in the throne of Ca(hd, Feidhlim, fon of Criomhihan, of the Eugcman tribes, fucceeded to that crown. This king foon after his inauguration demanded the ufual tributes and hoflages, with all other marks of fubmiflioQ from the different princes and flates of Souih- Munfter ; not exempting the Eoganachts, and other free flales belonging to the principil branches of the Eugenian family. The princes of thofe free dates very fiifly refufed to comply with their king's demand ; and alledgcd, as chief reafon of their refufal, that as thofe of iIk Caffian race had as good a right as iht Eugcnians to an alternate fucceflion to the throne of Ca(hel, fo they fliould be equally burihcncd with all fuch tributes and taxes as may be neceffary for fup- porting the dignity of that crown. The king of Cafhel very reafonably replied to thofe remoii- ftrances of the Eugenians, by defiring they may
confider.
ILLUSTRATED.
confider, that as the major part of the lands and flates belonging to the Dal-caf&an tribes, was merely and properly their o^^n acquifition, as well as a glorious monument of the valour of their anceilors, fo it confequently owed no fubjedion or tribute to the crown of Cafhel, to whofe domi- nions that acquifition was never annexed ; befide, that thofe Dal-caflian flates were frequently ex- pofed to the attacks and hoftilities of the Conati- ans, againft whom they were obliged to ferve as a barrier^ which was equally^ though not fo im- mediately ufeful and neceflary for the defence of the Eugenian flates. But thofe reafons, however jufl and folid in thcmfclves, were not prevalent enough to remove the jealoufies of the £ugeniaas againft the Dal-caflians j on the contrary, they at laft prevailed with king Feidhlim to march at their head with all the forces of South-Munfter into the heart of North- Munfter, refolved to reduce the Dal-caifian flates to ihe fame fubjeftion with themfclves, or die in the attempt. But king Feidhlim forefccing at the fame time the difficul- ties, which that enterprize ftiould meet with from t!ie martial fpirit of the Dal-ca(Iian tribe, and de- firous of preventing the efFufion of human bloody thought proper to proceed with caution and pru- dence upon this perilous expedition. He there- fore halted at a place called Lig-na-Nachtran in the country of Thomond, and from thence dif- patched ambaffadors to the princes of the Caffian race, with full power to fignify unto them the firm refolution of the Eugenian flates, and that
nothing
457
45» THE LAW OF TANISTRY
tiothinglefs than their fubjeftion to the crown of Cafhel, by the payment of tributes and taies, with the delivery of hoftages, could prevent a bloody war, between the two tribes, which nuy be attended with mod difmal confequences. The Dal-caflfian princes having heard out thofeambaf- fadors concerning thefe new pretentions of the Eugenians, difmifled them with fcorn and indig- nation, charging them at the fame time to afliire their king that he flibuld find them well prepared to give him a warm reception, and difpute that matter with him and his forces, at the point of the fword. But the clergy of the country purfu- ing wifer counfels, entreated thofe ambafladors toreprefent to king Feidhiim, that none of his predeccffors ever pretended to a right of futjec- tion, or tribute, from the Dal- caflian princes, and that their kingdom of North- Munfter was always Acknowledged as an independent date, cTpeciaily that part of it which was the conqueft of Luig Meann, and may bejuftly elleemed the price of Dal-caflian blood. At the fame time L^chtna, fonof Anluan, who then was the fovereign rukr of Norlh-Munfter, and a prince of great pro- dence as well as valour, took an opportunity of riding away incognito with one fuigle attendant, to pay a private and friendly vifit to king Feidh- iim at his camp, who received him with the grcateil demon ftraticn of fatisfadlion and civility, which ended in a thorough reconciliation and change of purpofes between them and their ^^ fpeftive tribes. In a word, Feidhiim was folly fatisfied with a polite declaration, w hich was made
to
ILLUSTRATED.
to liim by Lachtna, importing^ that for hb par- ticular part, he was \viUing to acknowledge liitti as king of CaHiel and South-Munfier ; but with- out prejudice to the independency and rights of the king and dates of North-Munfter. Feidhltm and his princes were doubtlefs the better difpofed to be fatisfied with this polite declaration of Lachtna, as the Dal-CaiUan forces were n[iarching from all quarters to meet thofe of Feidhlim, who were already very apprehenfive of being furround- cd and attacked on all fides, without even the pof- fibility of a retreat. But when the Dal-Caffian chiefs had notice of the reconciliation! they all aflembled about their fovereign, and paid thdr compliments to the king of Ca(hel, who received them in the moil gracious and friendly manner; and Lachtna infilled that as he was fo fplendidly entertained by king Feidhlim that day in his tent, he expefted his vifit, and an acceptance of thfc like politenefs from him at his court, where he prevailed with Feidhlim and his pritices to fpend fomc weeks, during which time they were regaled in the moil magnificent manner. At Feidhlim's departure, he folemnly promifed he never would pretend to the right of either tribute or ho(lage& from the martial and royal tribe of Dalcaia, whom he acknowledged to have been always (ttc and independent.
L O R C A N.
Lorcan, the fon of Lachtna, Ton of Core, fon of Anluan, fon of Mahon, fon of Torelach, fon of
Caithil,
459
4^0 THE LAWS OF TANISTRT
Caithil. fon of the above Aodh Caomh, fin Conall, fon of Eocha Bealldearg, of the diieft line of Cormac Cas, fucceeded his father in the fovereignty of North- Munfier : he was a power- ful and refolute prince, and was diftinguifhed for his generofity, prudence and piety. Our bifl(uritn relates a remarkable affair that happened between this prince and Flann Siona king of Leath-Cuinn; this king inftead of employing his forces in giving proper check to the Daniih invaders, who in his time were committing the moft barbsrom devaftations, cruelties and facrileges, efpeciiSj in the North of Ireland, and even in Meath and Kildare under his own eyes, thought proper to make a fudden irruption into the province of Munfter, at the head of his troops, where be plundered and laid wafle a great part of ihe country. At his return home loaded with btety, he boafted to his officers, that there was no prince or llate in all Ireland, that would dare to noleft or obftrudt his march, and that he (houldhoU himfelf as fafe and free in his paflage, as if be had been upon a tour of pleafure and fporting in the heart of his own patrimonial eftates : where* fore he declared that he intended to divert and amufe himfelf at his chefs-board, wherever he thought proper in his way homeward, without the lead compliment to any prince or ftate whatfoe?cr [This praftice and condudt, it feems, was held u a mark of contempt in thofe days, towards the prince and people, in whofe ftate fuch fporting liberties had been taken by another, without their confent.] A domeftic poet, called Flann Mac
Lonnane,
ILLUSTRATED. 4«<
inane, who was of this king's retinue, haviilg rd out this piece of rodomontado, could nor sun from telling hisfnafter, that he was appre- five if he had gone upon fuch a fporting srae into the country of the Dal-Caflian tribe, mded as he was by all his forces, he (hould 3 have a more feripus and yet a briflcer game ilay, than that of either chefs or hazard : here- ^ this king, after calling a fcornful look at
poet, inftantly orders his troops to march "^ards Thomond . In the mean time, the poet c Lonnane, who would not gladly be found a b prophet, took an opportunity to give timely ice of his mailer's defign to Lorcan, King of Ith-Munfler, who having loft no time in giving
alarm to the chiefs of his tribe and their aes, they foon were in readinefs to give a warm sption to king Flann ; this prince having rched into the Country of Aobh-Caifin in omond, halted on the plain called Magh- hair, at the very fpot on which the kings of rth-Munfter were ufually inaugurated; and c, after a fliort rcfrefliment, he ordered a ^al to be made to his courtiers and officers, to to their amufements without care or apprehen- 3; and for his part, hechallenged a companion a game of chefs. But the Dal-Ca(Iians, who I diligently watched his march and motions, re by this time aflembled in fight of his camp, I in a fufEcient number todiflurb his attention that fort of game. In a word, they poured m upon him, before he had finifhed his party faefs, and foon overturned his gaming tables,
after
4Sa THE LAWS OP TANISTRY
after forcing their way fword in band, tothcwj fpot on which they ftood : the fport did notdl with this brifk fcuffle ; for our hiftorian infaai U5» that the affair came to a general tod mI bloody engagement between both araiia, lU continued for three days fucceffively, tndciU with a total defeat and dreadful carnage of Ib| Flann's men, who at laft was drove to the a* tremity and confufion of employing the mat fion of his poet, to obtain quarters for hii« perfon.
Note ; This piece of military condudt, hwas odd it may appear in our days, I judged not dn- gether improper to be relat^ in this otnft} inafmuch as it may ferve as a fample of the mar ners and cuftoms obferved by the waniondE thofe times. It is juft to remark ztAtbm time, that no part of the ridicule of this tmt action falls upon Lorcan or his tribe, who, bai| attacked in a contemptuous as well as haft manner, were obliged not only to vindicate tier own honour and rights, but alfo to repel theio^ vadcr of their country, to whom they owed v fubmiflfion.
Cormac Mac Cuillinan, king and bilhoprf Cafhel, paid a vifit to this Dal- Caifian prince < his court of Thomond, where he was honounUf received for nine fucceflive days, to the grcitlr tisfadlion of the venerable guefl, and that of i numerous fuite. This king at his departure, prcfented to Lorcan and the other princes of ■ fept, that he hoped the principal heads and prefentatives of the twelve branches, into wlii
ILLUSTRATED. 4<J3.
ribc of Dal-Cais.was divided, fhould deliver his care and tuition one of their feveral fons, ; educated in the, natiu-c. of ecclefiaftics. To. pious prppofal of th^ king of Ca(bel they; »dily cpnfented, Lorcan hioifelf being their edept in giving up his youngeil fon Cpfgaracht pi Conla fon of Eionachta, who would not de- bts own fon, upon a furmife, which he did not tal, that this had been a fpecious pretext in nac to carry away the young princes, and : wards detain them at Caihel, in the ftateand* ity of hoftages. The venerable Cormac only protefted^ that the charges of Conia ^r both injurious and groundlefs,. and in the. ^iice of the aflenibly, gave him his maledic- ^ of which ConU and his {>ofterity (fay the. rds) felt the temporal efiedsi being foon after iced to a poiTelBon of lands, confined within ifqufty limits of the diftriA of Sgeth- chtgn.
prpan, in fome time after^ w^t to return the of king Cormac, bat before he approached x>urt, thought proper to halt at a place called Vrna Nurlan, on the plains of CafticL This [,being informed of Lprcan's vifit, fends' him Invitation without any further ceremony or plinoent by one of his houfliold, who.as(bon e, delivered his errand, was obliged to return 1^ a plain denial. The meffenger immediately, rins his royal mailer, that the king of North- ifter feemed to be rather affronted than fed with the invitation. Cormac having «fly reflected upon this circamftance, and the
caufe
464 THE LAWS OF TANISTRt
caufe of that refufal, made the following declara- tion in the hearing of all his courtiers ; I certainly know, fays he, the rcafon of the worthy prince's non-compliance, he requires the benefit of that right, which the Dal-Caffian kings, whenever ihcy do not fill the throne of all Munfter, are indif- putably entitled to inherit in the regal houfc of Cafhel ; for the faid princes in fuch conjunctures have an unqueftionable right to poflfefs the entire northern half of that palace, for this reafon, that their ancefiors and themfelves have always de- fended the king and crown of Cafhel againft the attacks and invafions of the provincial troops of " Leinftcr, and the forces of Leath-Cuinn. Here- upon, Cormac difpatches one of the princes of his tribe to make an apology to the Dal-Caflian king for the incivilities (hewn him, and requeft he would now come on, and enjoy his privileges in the royal feat of Calhel. Lorcan made no difficulty to comply with this offer, and wasie- ceived with open arms by king Cormac, who, as foon as the Dal-Callian prince entered, gave him poflcflion of the north-half of the entire palace, and feated him and the princes of his blood at his right hand ; an honour wluch the)' were entitled t6 enjoy, not only becaufe the Da!- CaHian forces always formed the foremoft ranks in all ofFenfive and defenfive engagements wi:h the common enemy, but alfo covered the rear of the Momonian armies in all their neceflary re- treats, being at all times the laft that quitted the field of battle. In return to this compliment due to his rank, Lorcan gave the king of Calhd
his
ILLUSTRATED. 4^5
bis moft hearty thanks, and frankly declared, if he had not (hewn him the honours and privi- leges^ to which he had an hereditary right, that, iar from paying him a vifit, he and the other princes of his tribe, (hould never hold the leaft conrefpondence with the king of Ca(hel, or his Sugenians, nor ever after alTift them in their ^cateft diftrcflcs. The venerable Cormac him- ictf, having an extraordinary talent for poetry, tcxprcSks the privileges of the Dal-Cais in the tegal houfe of Caftiel in a poem of his Pfaltar which begins thus : ** RuidUeas Dal-Cais Ceo- •* daibb ^rmacb:'
In this prince's reign as king of North-Munfter, /Teige Mac Cathil the king of Connaught, made a fudden invaiion with all the forces of his pro* vinoe into the country of Thomond, of which the Dal-Caflians being fpeedily alarmed, by an ex- pedient generally pradifed on the Kke occafions, aflcmbled their forces in a fufHcient number, and repeUod the invaders, after a general deroute and ilaughterof their men. The military expedient above-mentioned, and which the Dal-Ca(fians ordered to be obferved upon the firit notice, or apprehenfion of an invafion by the Conatians, confifted in lighting a large alarming fire on the fiimmit of the hill called Rinarda, which may. apprifethe watch-guard of the height calledSliabh- Muiceann to do the fame, who were to be imitated by tbofe of Knock-'an-Phriachan, which laft fir^ advcrtifed the watch of Knock-an-Dubhan, fothat by this means every man who faw the fire, that was able to bear arms throughout the whole kingdom
H b of
«!« THE LAW OF TANISTRT
€x Jicrrr-MicfrcT, -cftinily repaired to Ccann- ^'X^ZJL^ pr^cgrgd :o repel the invaders.
Xsc prxsi Ox^Ti^c Mac CuiUinan, biftiop and tne dc C^ihci, riot coly had a perfonal affeftion fex^^Lorca::, bcr W2$ fer.fiblc of his right to gf^y*^ feiJcLf in ibc throne of Calhel. This kaag being m pomrwd by Fiaharuch abbot of ii5^^ra, and odxr princes of bis tribe, to go cpcc an cxpcdi'icc into Lcinfter, in order to en- Cxcs fca rigtr of tribote from that province, as part Gt Lsath iii3gh ; and having a fore- fight of b's dsih before be ret am from that enterprife, tci: a friKjd?.- rnv'^tation to Lorcan, at whofc arrrrx: be declared to all his court and kinfmen, xksz :h:3 prince had a jatt and natural right to fjcceed himielf in the throne of Cafliel, purfuanc to tbe vill of CXI-J Oixm, thdr common anceftor : and therefore did (irom that moment, deroife his crown t3 Loffcan, in cafe he (hould not furvive tbe expc<£tkxi be tben was going upon. Ac- cccdingiy, dns enterprife having been fatal to tbe
Efe of Cormac, agreeably to his own pre-fenttnieot cf death, this Dil-Caffian prince fuccceded him, and rczgoed as king of all Manfter for die re- maiixkr of his days, which, I (hall here obferve, that, according to O Dubhagane, quoted by Kcacng, was only a year and a half; but it ap- pears from Chronicon Scotorum, that be reigned for fix years, r. r. (irom the death of Clormac in the year 90S, to tbe commencement of Fldthbhertadi c Ionmhuir«en's reign, in the year 914.
KINNEDY.
ILLUSTRATED. 467
K I N N E D Y.
Kinnedy fon of Lorcan, fuccccdcd his father, at
Icaft in the kingdom of North-Munftcr ; and we
Ihall by and by find fufficient reafon to think, that
he may very juflly be allowed a place in the
catalogue of the kings of all Munfter. This
prince was attacked all of a fudden and at once
by a confederacy of the following princes and
itates, viz. Meath, Dealbhna, Corcamrua, Eile,
Nlufcr}tire, Tiege Mac Cahil king of Connaught
with ali his forces, the Eoganacht of Cafhel, and
their king Callaghan, who doubtlefs was the
author and fomenter of all this confederacy.
But the brave Kinnedy, with his invincible Dal- .
Caifians, intrepidly and conflantly facing about to
oppofe the different attacks of their invaders, not
only maintained his ground againft them all in
the mod gallant manner, but alfo gained feveral
vidtories in the profecution of this defenfive war :
and particularly a very fignal one againft Cal-
laghan of Cafhel, of whom he won the battle of
Saighleann, where 300 of Cailaghan's tribe befide
numbers of his troops were left dead on the field
of battle. This was not the only battle Kinnedy
fought againfl Callaghan, as (hall juft hereafter
appear from the Chronicon Scotorum. This gallant
prince met the confederate army of all Leath-
Cuinn, at Athlone in Connaught, and there fought
and forced them to retire with confiderable lofs.
He alfo had twenty-four bloody engagements
with the Danes, whom at long run he entirely
H h 2 routed
468 THE LAW OF TANISTRT
routed out of his kingdom of Norlh-Munftcr. Thus far the Munfter book concerning the gallant aftions of this great prince.
Keating, agreeably to his ufual fondncfs of en- tertaining his readers with ftories of an extraor- dinary nature, relates two very fmgular events concerning Kinnedy and Callaghan, fon of Bu- adhcan, a prince of the Eugenian flock, his cotem- porary and rival for the throne of Calhel 5 in the firft place he tells us, that Kinnedy, after the death of his father Lorcan, had convened the princes and ftates of the whole province, at a place called Gleannamhuin, now Glanworth, in the county of Corke, to whom he (ignified and af- ferted his right of fucceeding to the throne of all Munfter ; but adds, that the mother of Callaghan appearing at the fame time in the midft of this awful affembly, pathetically remonftratcd to Kin- nedy, that according to the law of alternate fuc- ceffion antiently cftablilhed by the laft will of Olliol Olim between the Eugenians and Dal- Caflians, her own fon had then the right of fuc- ceeding in his turn to the throne of Cafliel, pre- ferably to Kinnedy. This argument, by the bye, would imply a plain acknowledgment from the inventor of the llory (who doubtlefs was one of the feanachies belonging to the Eugenian princes) that Lorcan, the father of Kinnedy, had been the immediate predecefibr of Callaghan in the throne of Ca(hel, though the writers of the Eugenian party have expunged him out of their lifts of the kings of Munfter. Our hiftorian, pur- fuing the ftory, aflures us however, that Kinnedy, notwitbftanding his great power and influence,
was
ILLUSTRATED. 469
was good enough to acquiefce to thofe reafons and reiinquifti his preteniions in compiaifance to this old bdy.
Keating*s other ftory relative to thefe two princes, but which regards Caliaghan in a more particular manner, is, that this prince being treacheroufly invited to Dublin by Sitrick, the Ton of Turgefius the Dani(h tyrant, under the fanAi- on bf a promife the faid Sitrick had made him of a marriage alliance with his (ifter Bevionn, daugh- ter of the faid Turgefius, was perBdioufly feized at his arrival, together with his companion Don- chuan the fon of Kinnedy, and both fent off tied neck and heels to Ardmagh, there to be difpofedof according to the fanguinary views of that ufurper : but that Kinnedy, to whom Caliaghan had en- tnifted the government of the whole kingdom during his abfence, being informed of Callaghan's captivity, raifed all the forces of Munfter, both by fea and land, and difpatched them away under the comnsand of an able general called Donogh O'Keeffe, and an. experienced admiral, by name Failbhe Fionn ; and that, by the extraordinary valour of thefe commanders and their refpedtive forces, Caliaghan and Donchuan were refcued from on board the Danilh fleet off Dundalk, and brought away triumphantly, after killing Sitrick and his two brothers, whom our hiftorian, faith- fully copying his learned authors, calls by the names of Tor and Magnus.
But with regard to thefe two (lories, the latter of which is wonderfully enlarged upon, and em- bellished with all the flowers of romantic elo- quence.
470 THE LAW OF TANISTRT
quence, belides the profound filencc of all Iriih annals, which of itfelf alone, may found a ftrong fufpicion and prejudice againft the reality of their refpedlive fubjedts; I (hall obferve in the firft phoc with regard to the former of the two, importing the pacific acquiefcence of Kinnedy to Gdlaghan's pretenfions, the annals reprefent him of a quite contrary difpofition and condii6t, inafmudias we find it exprefsly mentioned intheChroniconSoo- torum, at the year 944, to which is thereto I^ ferred the death of Flaithbhertach, the fon of lonmhuinein, Callaghan's predeceflbr in the fo- vereignty of South- Munfter, that a very bloody battle was then fought between Kinnedy and Ctl- laghan, both vifibly contending for the throne of Cafliel, as foon as it was vacated by the death of thefaidFlaithbhertach; in which battle, fought at a place called Magh-Duine, many lives were loft on both fides, as the author of the Chronicon ob- ferves, by adding to his Irifh account the Latin words, ubi fnulti ccciderunt . And, to remark it by the bye, this fanguinary contention and rivalfhip between ihefe two princes, difcredits in great mea- fiire that zealous part which Kinnedy and his fon Donchuan are faid to have taken in what regarded Callaghan's intereft during his captivity. But at the fame time it is obfervable, that the power and fovereign command attributed to Kinnedy by tl^.e authors of Callaghan's ftory, implies a fair con- ceflion from them of the fovereignty of Munfier, being at lead as cxtenfively fhared by the farmer as it was by the laticr.
Now
ILLUSTRATED.
47 «
Now as to Callaghan's captivity under Sitrick, the fon of Turgefius, and his heroic deliverance by the forces of Munfter, I cannot but obfcrve, tbat the whole (lory is inflexibly irreconcileable with the moft authentic accounts and hi Aorical fafts ex* prefsly recorded in the Irifli annals. Turgefius, the fuppofed father of Callaghan's perfidious enemy Si trick, finiftied his execrable life, according to the Chronicon Scotorum, the annals of Innisfallen andthofeof Ulfter, in the waters of Lough-Nair, whereinto they tell us he was plunged and drowned anno 845, by Maolfeachluin king of Meath, who had feized the body of that tyrant, whether by* open feats of war, or by fuch a ilratagem as that which has been firft; related by Giraldus Cambren- fis, Topogr. Hib. Dift. 3. c. 4. who (according to his well known talent of inventing wonderful flories concerning Irifti affairs) will have us believe what the annals above cited are all quite filenc upon, that Maolfeachluinn contrived the capture of thatDanifh king, by complimenting him with the difpofal of his fair daughter, accompanied by fifteen young bravos difguifed in woman's drefs, under which they concealed well prepared weapons for the execution of that defign. But however this event was brought about, it is agreed upon by all authentic accounts and the beft authors, that Turgefius died in the year 845. But the carliefl mention I find of Callaghan in the faid annals, particularly in Chronicon Scotorum, is in the year 936, that is to fay, eight years before he contended v^ith Kinnedy for the fucceffion at the death of Flaithbhertach in 944; at which firft mentioned year of g^S^ he is faid to have plun- dered,
47^ THE LAW OP TANISTRT
dered CIonmacnoifB in Mnth, at the head of i party of Munfter men : and in the year 9^ ic 18 mentioned as making another expedition of 1 like nature, aififtcd by a party of Danes, into tiie fame province, wherein he plundered Cluainnirttid, ' Cluainaineach, and Cill-aice. Now from the time of Turgefius's death in 845, to the very fiifi of thofe epochs of Callaghan'a firft appearance in the world in quality of an adventuring partifan, that are juit 91 years, and to that of his affumingtk title of king of South-Munfter^ as fuoceflbr of Flaithbhertach in the year 944^ there are at loft 99 years, and poflibly within a few months of t whole century. And what allows us full liberty to extend this good round number of yean to near half a fcore beyond the whole century, the writers of Callaghan's (lory all agree in telling «| that he finifhed his life as well as his reign of tea or twelve years (for they differ as to its dtirttioB) foon after his return from his captivity, in which they give us to underftand, that he had remuned but a few months. Bevionn, the daughter of Turgefius, muft therefore by a ncceffary confe- quence be a pretty grave and experienced matron, of more than an hundred years of age, when her brother Si trick, who could not be much younger, but may by many years be older, vjas arch enough to fet her up for the objed of Caliaghan's ambi- tion and courting expedition to Dublin. But a further mifchief and crofs purpofe againft this much famed ftory is, that the annals make no loft of mention of this Sitrick, fon of Turgefuis, wiih regard to whofe iffue, either male or female, they keep a profound filcnce.
The
ILLUSTRATED. 473
The next account they give us of any princi- pal chiefs of the Danes or Norwegians^ is in the year 853, when Amhiaibh, or Amlavius (to whom Giraldus Cambrenfis, Topogr. Hib. 1, 3. c. 4j. aflbciates his two brothers Sy tarachus and I varus) arrived in Dublin from Norway, and fubjcftcd all the Danes and Norwegians of Ireland to his do- minion. But as this event was 91 years anteoe* dent to Callaghan's affuming the title of king of Cafliel in 944, this Sitricus, the brother of Am- lavius, befides his having never been mentioned as king of the Danes of Dublin, but only gover* nor or commander of thofe of Watcrford, could not be the perfon whofe fifter might have tempted the ambition of our Momonian prince. To this we may add, that the authors of this ftory, far from mentioning Amlavius and Ivarus as the brothers of their Sitricus, have taken care to af- lign him two of quite different names, Tor and Magnus, whom they reckon among the flain in the wonderful battle by which Callaghan was re- fcued. We find indeed another Sitrick menti- oned in the annals at the year 919, as an aflbd-* ate with one Ivarus at that bloody battle near Dub- lin, in which Nial Glunduff and many other Irifli princes were flain, with great numbers of their men and officers. The Qironicon Scotorum calls this Sitrick by the diftinftive name of Sitrick Gaile, and the Innisfallenfes call him Sitrk:, the fon of Amhlaibh, or Amlavius. Sir James Wars mentions him at the year 916, Antiq. Hib. p. 109. The epoch of this battle is juft 25 years before that of the death of Flaithbhertach, the prede- ceflbr of Callaghan in the throne of Cafhel •, and
ytt
474 THE LAW OF TANISTRY
yet this Sitric difappears immediately after dat battle, and mud be fuppofed to have loft his tfc either in that action, or before the end of tk fame year, inafmuch as there is no mentico of hio in another tnoH flaughtering battle and vidaji which Donogh Mac Floinn, the fucceflbr of Nid GlundufT, gained the year following over die Dr ni(h and Norwegian forces, wherein theChromooi Scocorum obferves, that thefe foreigners fufed much greater carnage and lofs of men, than thelrilh had fuftained from them in the preceding bittie. Another proof of the above Sitrick's havingfiniflxd his days before 921, is, that Godfra or Godfii* dus, grandfon of Ivar, is noentioned at thisjfor as king of the foreigners of Dublin. The doA of this fame Godfridus is mentioned at the yor 934, when his fon Amlavius, or Aulafius fiK^ ceeded him, and died in 941, and was fuccccdcd by his fon Blacarus until 948, when be loft te life with 1600 of his people in a battle, where- in Congalach, the fucceflbr of Donogh Mac
Floinn, gained the vidtory. Blacarus was fuc- ceedcd by Godfridus, fon of Sitrick, whom
we find mentioned as ftill reigning in the jcar 951, after which he foon loft his life, as mentioned by theChronicon Scotorumby a viCble judgment from God, for having deftroyed and plundaed va- rious churches named in that chronicle j and was fucceeded by another Godfridus, fon of Aulafius, \fho died in 962, fix years after the death o( Callaghan Cafhel, during whofe reign, from 944 to 954, no Sitrick appears at the head of Danes or Norwegians, as is plain from the preceding fucceflion.of their kings.
Another
ILLUSTRATED.
Another plain mark of invention in this ftory )f Callaghan's captivity under Sitrick, the fon of Turgefius, is furniOied by the part, which Don- :huan the fon of Kinnedy is faid to have a£ted n this romantic adventure, which the authors of t reprefent as having happened not long before the leath of that Momonian prince. The Chronicon Scotorum fets doun at the year 958, that is to fay^ the fifth year after that in which Callaghan began his reign, the death of Donchuan and his brother Achiar^, as having been killed by Congaladi the fuccclFor of Donogh Mac Floinn in the throne of Tara, in a plundering expedition which he then made into the province of Muntter. The fame fa£t I find mentioned in another old manu- fcript I have in my poflcffion, without either title or author's name. Callaghan lived for five years after this event, a circumflance, which befides the little appearance there is of any good under- (landing having fubfifted between him and Kinne- dy or his fons for the reafons above mentioned, founds a very material prejudice againft the truth of this famous ftory. The laft fymptom of deli- rious imagination, I /hall take notice of in the inventers of this romance, is the mention they make of Morrogh Mac Floinn king of Leinfter, as having oppofed the paflage of Callaghan's army through his country, at their return to Munftcr. To convince us of the inconfiftency of this epifode, we have only to obferve, that the Chronicon Scotorum at the year 944, when Callaghan began his reign, mentions one Bran Mac Maol-m6rdha, as being then the reigning king of I^lnfter, and affifting Congalach, afterwards king
of
475
\
476 THE LAW OF TANISTRT
of Tara, in ranfabking Dublin, where diey killed 400 Danes. This Brian king of Leinfter, wa killed by the king of Oflbry, amo 947, according to the Chronicon Scotorum, that is to fay, fix or feven years before Cailaghan^s death. Now ac- cording to the lift or catalogue we have from the I^einfter records of the kings of that province, and their fucceflion with the dates of thdr enthronement and death, I find that Morrogh Mac Flin or Mac Fin, as he is called in fome copies, began his reign juft 21 years after the death of Bran, 1. ^. 14 or 15 years after that of Callaghan. I (hall conclude this tedious criticifm, by aiTuring my reader, that zeal for the honour and credit of the true antiquities of the Iri(h nation, and far from a natural inclination of ex- pofing the weaknefs of any of the Irifti writer^ is what induced me to make thefe animadverfioos upon this famous (lory of Callaghan Cafhd; and upon this occafion, I am forry to have too much reafon to lament thedifcredit, and even the diflionour, which the Engliih tranflatioH of Keating's hiftorical colledions muft naturally have refledted upon the authentic and geamne antiquities of this nation, of which fome precious monuments are ftill remaining, as I (hall foon have occafion to mention more particularly ; t tranflation, which befides being miferably incorred andabfurd as to the literal fenfe in many places, for want of a competent knowledge of the Irifli language in the chief tranflator, vifibly alters or gives a defigned turn to the true meaning and fcope of the original. Nor could the author, whofe zeal for the prefervalion of the Iri(h lan- guage
II,LUSTRAT£D. 479
ciigzged htm to undertake the compiling t work, havt ever intended it for a genuine dl grounded hiftory of Ireland, much lefa lad any deftgn to have it publilhed in any language than the native tongue, for whofe vement it was principally cakulated. Thift option of his laodable views and intention egard to that work, muft appear very natu- d well founded in the eyes of thoTe who will npartiaUy confider, that a perfon of Kea*^ charadter and profeffion, could not be filf-
1 to have had any other view or meaning in irding his hiflory with fo many fabulous renccs of Pagan fuperftition and Druidifh SkionSy as well as with various romantic s, whidi are as plainly inconfiftent in them- , as they are irreconcileable with the annals is counti^, but to amufe the common fort of readers, and give them at the fame time a and emulation for the improvement of their ^ language.
Fore I have dooe with the ftory of Callaghan (hel, I ihall confefs, I am flrongly of opinion, his romantic ftory has been raifed upon no foundation, than that of the capture which nnals both of Innisfallen and the Chronicon »rum mention to have been made of the body Uaghan, by Mortogh the fonof NialGlQnduff^
2 year 941, when this prince is mentioned to made a fudden irruption into the country of cl, where he furprifed and feized Callaghan, n he led away captive and delivered up into hands of Donogh Mac Flin the king of , who, as the Innisfallcnfes obfcrve, foon
afterwards
478 THELAWOFTANISTRY
afterwards gave him his liberty upon foine coq^* ditions which are not explained in either of tbofe annals. Some Momonian Bard or Seanchy at* tached to Callaghan's family, having had a tradi- tionary knowledge of this difgrace of that king, might have bethought himfelf of giving it fudi a different turn and kind of new creation^ as may rather rcfledk honour upon the memory of aa Eugenian prince, who otherwife had given prooft of his military courage, though fometimes upoo unbecoming expeditions, of which we have oc- cafionally cited fome examples from our authentic annals. To Bnifh this abridged extract of Kin- ncdy's hiftory, we have only to obfcrvethat ac- cording to the genealogical records of the Mac Brodins, hereditary antiquaries of the Dal-Caffim princes, this Kinnedy had ten fons, viz. Lachtnii Mahon, Brien furnamcd Borumha, Eachianh Donchuan, Aiiluan, Marcan,iEdh, Cleircin,and . Domhnal; of thefe fons five only left iffue, ' which were, Mahon, Brien, Eichiarn, DonchuaOi and Anluan ; Kinnedy's death is mentioned b; the Chronicon Scotorum at the year g^ i ,
L A C H T N A.
Kinnedy was fucceeded in the kingdom of North-Munfter, by his fon Lachtna, and reigned for three years, according to the Brodins, both ia their genealogical records, and. their Reim* Riogra or Regal SuccefTion of the Dal-CaiBai princes ; in the faid records it is mentioned of tt&s Lachtna, that he fought a battle at Magh-Duioe againfl O Floinn, O Kearny Fionn, and O Keaniy
Duff,
^
ILLUSTRATED- 479
whom he left dead all three together on the of battle. And the fame authors remark, the place called Grianan-Lachtna, or the e of Lachtna's in Craigliath, a dillridt of nond, was called from this prince, who built lid palace towards the year 953. The cir- lance of Lachtna*s immediate fucceiTion after ithcr, feems to prove him the eldett of Kin- 's ten fons.
fore I begin the reign of Mahon fon of edy, I Ihall make a few remarks concerning :xorbitant number of king's of Munfter of ^ugenian race, which the antiquaries of that ely family have fet down in their royal ogue, or feries of regal fuccelTion in the houfe iachra Muilleathan, from his time to that of gradh the fon of Ailgeanan, who has been the :ing of Munfter of that family, and was the ediate predeceifor of Mahon, fon of Kinncdy, he Dal-CalEan race. To (hew how ill nded and inconfiftent thofe antiquaries have
in fwelling their regal catalogue, with fo t a number of Eugenian kings of Munfter ling fucceflively or at different times, I have to remark,
That, in the annals of Tighernach and the )nicon Scotorum Cluanenfe, of both which nicies I have old and authentic copies, hran and Amhalga fons of Eanna are fet down ings of Munfter in the year 598, and confe- itly coregnants, or reigning at the fame time iflFerent parts of that province j and yet the enian antiquaries give them feparate places
in
^ THE LAW OF TANISTRT
in dieir lift of the kings of Munfler, as if Aef had reigned ieparately and at different tina The latter of thefe two princes dying in the pr 604, left the kingdom to Finghin, (on c^ hak^ Duisr, who was accordingly proclaimed kingiadi fame year ; fo that there are no more thu fa years from the beginning of the coinciding rqp of the above brothers^ to Finghin's inaugante in the throne of Munfter. But the Eagenin antiquaries allow feven years to Amhalg^ lod eleven to Gabhran feparately from each otixr, after which they infert no lefs than five Eugenin kings in their catalogues, diftributing 67 yen between them, from the rdgn of the tii Gabhran fon of Eanna, to that of Finghin foa cf Aodh Duff above mentioned.
II. According to the faid chronicles, this (« Finghin, fon of Aodh Duff, died in the year 615k and they alfo mention Aodh Beannan as king of Munfter at the fame time, both chronicles agredog that he died in the fame year 619. And yet die Eugenian antiquaries give them fepMirate rrignsi and place Cathal fon of Aodh Flannchathridi*s reign often years, according to fome, and twenty, if we beiievc others, between them both, ifld prefix the reign of the faid Aodh Beannan 10 that of Finghin fon of Aodh Duff.
III. According to the faid annals of T^ nach, and the Chronicon Scotorum Cluanenfei Finghin fon of Cu-gan-Mathair, became kingrf Munfter in the year 678, and died in the yeir 696 ; and Congal fon of Maoldun is exprefilj ftiled king of Munfter in the fame annals, whole
datk
ILLUSTRATED. 4S1
death they both mention at the year 690, which m fix years before that of Fiongaine or Fingin, who reigned from the year 678. This is a plain demonftration, that thefe two princes were only coregnants und kings in part, like thofe above mentioned; and notwithftandiog the Eugenian antiquaries fet them down in their lifts as kings of all Munfter, reigning faccelTively one after the other.
IV. According to the fame chronicles, Cormac; Ion of Ollil, became king of Munfter, immedi- stely after his father, in the year 700, and had an untimely end in quality of king of that province, in the year 712. The faid chronicles alfo men- tion G)ripac fon of Maonach, as king of Munfter at the fame time, and refer his death to the year 711, by which it appears he was coregnant with Cormac fon of OUil, reigning for fome time in a feparate part of that province, and yet both thefe princes are fet down as kings of Munfter, in the Eugenian lift of kings, as if reigning ovier the whole province at different times.
V. According to the Chronicon Scotorum, from the death of Cormac fon of Cuillinan, at the bloody battle of Beaiach-Mughna fought in the year 908, to the death of Callaghan Caftiel, king of Munfter in the year 954, it is plain there are only forty fix years, which were filled up by Cormac^s immediate fucceflbr Lorcan, the father of Kinnedy, a Dal-Caflian prince who died in the year 914, and was fucceedcd by Flaithbeartach, the fon of lonmhuinein abbot of Innif-catha, au Eugenian, who died in the year 944 : and thirdly, by Callaghan CaQiel, who fucceeded faid Flaith-
I i bhertach^
THE LAWS OF TANISTRT
bhertach, and died in the year 954. Notwtdh fianding this glaring evidence and niatter of b&^ the Eugenian antiquaries in all their lifts of kingi that I have feen, do infert the reigns <^ no U than thirteen princes of the Eugenian line, from the death of Cormac to that of Gallagban Ctflid, and diftribute amongft them a feries of 165 years.
VI. If we may depend upon Keating's aoooooi
of the general aflembly of Dromceat, m the time
of Aodh Mac Ainmireach, Idng of Tara, sficr
the middle of the fixth century, and I am dx
better inclined to think we may, as I find the find
aflembly mentioned in my copy of the annsb of
Innisfallen, during the reign of the faid lung;
it affords us a clear notion of one method wUkh
has been obferved by the Eugenian antiqnaM
to increafe their lift of the kings of Munfler, in
the line of Fiachra Muilleathan. Among tbe
kings whom Keating mentions as memboi of
that aflembly, he names Maoldun fon of Aodk
Bcannan, as king of Wcft-Munfter; and at the
fame lime fcts down Finghin fon of Aodh Duff,
fon of Criomhthan, as king of all Munfter and
another member of the faid aflembly. Now oor
good antiquaries of the Eugenian party, reckoo
both the one and the other of thefe two prinoei
as kings of all Munfter, reigning feparately ind
at diftant times, placing two kings between tbea
both. And thus without doubt they have done
with regard to many others of that family, who
were only petty fovereigns in their refpeftive pirts
of the province of Munfter.
Khali
I L L U S T R A T £ D. 483
I (hall finifli thefe remarks with obferving, that, Booording to the preceding account of the regal fuocelfion of the Dal-Caifian princes, taken from the Munfter book, no more than feventeen of that family have been kings of Cafliel and all Munfter^ ftom OUil 01im*fi time, to that of Brian Boromh, banning with Cormac Cas, the ftock of this line, and ending with Mahon the elder brodier ttid predeccflbr of the faid Brian ; yet we find, that during this interval of time, the alternative of fuccei&on between the pofterity of the faid Cormac, and thofe of his nephew Fiachra Muil- leathan was always inlifted upon, as may be feen notfinly in the Munfter book, but alfo in Keating, efpmaUy at the times of Criomhthan Mac Fioga •od Connal Eachluath^ of Cormac Mac CuiUinan and Lorcan Mac Lachtna, and of Callaghan Cafiicl, md Kinnedy the fon of the faid Lorcan. And what is particularly remarkable upon thefe different occafions, we find it was the Eugeniaa family that inlifted on this alternate right in their own favour. Hence I think it might very ratio^ nidly be concluded, that there were as many king3 of all Munfter of the Dal-Caflian race as of the Eugenian, or at leaft that the difparity was not very great; though the Munfter book reckons but feventeen during the above interval: but good Dr. Keating in his account of the rdgn of Cormac Mac Cuillinan, tells us very confidently that no lefs than forty-four kings of this laft men* tioned family reigned in Munfter, from the time of Aongus fon of Nadfry (he (hould have faid firom Fiachra Muilleathan^ to a^e with the lifts
I i a of
484 THE LAWS OF TANISTRY
of the Eugenian antiquaries) to the time of Ma- hon, fon of Kinnedy; and that during this lime the princes of the Dal^CafTian race poiTeiTed oo more lands than the principaHty of Thoniond, or North- Munfter. And this he aflures us of> after having occafionally informed us from thne to time in the preceding part of his hiftory, that fc- ▼era! princes of that family have been kings of all Munfter after Cormac Cas^ particularly Connal Eachluath, Dioma the fon of Ronane, and Lorcan the fon of Lachtna, befides Mogbchorby Fearchorb, and others.
But upon the whole matter, I prefume it might juftly be concluded from the preceding remsks, that the lift of Eugenian kings may very rcron- ably be (hortened at leaft by near a third part, fo as to reduce their number to thirty or thirty-two real kings of all Mimfter. And as we may as reafonably prefume to raifc the number of Dal- Caflian kings of that whole province during the faid interval, from that of feventeen, as it is in the Munfter book, to at leaft twenty ; fo we may conclude upon very rational grounds, that the whole number of kings of all Munfter fumiftcd by both families conjunftivcly, did not exceed 52 during the faid interval of time, which was of about 700 years. In fuch a government as that of the old Irifh, wherein maturity of age, or rather fe- niority, was conftrtutionally required, no lefs ihan fevcn kings ftiould reafonably be allowed for every century : and if we confider that thofe kings frr quently came to an untimely end through the machinations of thofe who afpired to become their
fucceffors,
ILLUSTRATED. 485
fucceilbrs, we may upon a confiderable interval of time as often allow eight kings to one century as feven kings, fo as to compute their reigns, one with the other, to be of between 1 2 and 1 5 years. And as this computation cannot reafonably be ex* ceeded, fo I think the above number of 52 kings furnifhed from the two families, is the highefl that can be allowed to fill the fpaceof 700 years.
As the Eugenian tribes were always more nu- merous in Munfter than the Dal-Caffians, feveral of whofe branches had tranfplanted themfelves to Leinfter, as above explained, fo it may very naturally have happened, that they were wronged of their alternative of fucceflion in the throne of all Munfter, as often as the Eugenians found themfelves in a condition to take the ad- vantage of them. And this muft have happened the more frequently, as the Dal-Caflians were al- moft perpetually engaged in a defenfive war againft the G>natians, ever fmce their renowned ancefior Luig Meann had conquered that peo- ple, and annexed to his kingdom of Nbrth- Munfter all that country on the north fide of the Shannon, which was afterwards called Thomond and now the county of Clare ; but whatever in- juftice the Dal-Caffians may have futfered with regard to their right of alternate fucccffion'ih the throne of all Munfter, during the interval above mentioned, it will appear in the following part of this hiftory, that they afterwards very glorioufly repaired their loftes by maintaining themfelves in conftant pofleffion of the fupreme power, either as kings of all Ireland, jor of Leath-
mogh.
4S6 THE LAW OF TANISTRT
mojghy confifiing of Munfter and Lnnfier, or of both the Momonian provinces, from the mtd the above Feargradh, who died in the year ^ to the Englifh invafion ill the year 1172. Not we are to refume our hiftory, axxi proceed totk reign of Mahon the fon of Kinnedy.
M A H O N-
Mahon fucceeded his brother LachtiUi io tk Jungdom of North- Munfter, in the year 954; ui fucceeded alfo to the throne of South-Mooia after the death of Feargradh fon of Ailg^anini the lafi king of Ca(bel of the Eugenian noe who was treacheroufly killed by Maolmuadb Ma^ Broin^ chief of the O'Mahonies and his dani anm 960, aa is exprefsiy mentioned in tbe feri^ of the Idngs of Ca(hel inferted in the Manft^^ book. By this revohition Mahon became fic^ic king of the two provinces of Munfter, and Su- preme fovereign of all Leathmodha or the foutb- half- of Ireland, at the above epoch of 9^ And as his death is referred by our annals, par- ticularly the Chronicon Scotorum, and the annds of Innisfallcn, to the year 976, when he ws murdered in cold blood by the fame Maolmuadb Mac Broin and his two brothers, to whom he had been treacheroufly betrayed by Donovan fon oi Cahil, as ftiall hereafter be fully explained •, il ncceflarily follows, that Mahon's whole reign as king of all Munfter was of fixtcen years •, though Keating and the Eugenian antiquaries allow him
but twelve.
MahoD,
ILLU ST R ATE D.
Mahon, inheriting the martial fpirit of his anceftorSy was from the beginning to the end of his reign oonftantly waging war widi the common enemy the Danes ; ag^inft whom he fought feven pitched battles, befides numberlefs ikii'miflies and cafual adtionsy in all which he was fignally vi£toriou8| according to the Munfter book. Bi|t as my copy of that valuable monument of our antiquities very unhappily finilhes at the reign of this king, with regard to whofe hiftory it j^in^ ly appears defe£tive, and quite Ihort of the primi^ tsre original, no particular account of any more than two of the (even battles previoufly menti* oned in general, being found therein ; I muft therefore have recourfe to other authorities, for carrying on to the utmoft of my informations the ftory of this great prince, whofe end was as unde* fervedly ill-fated and tragical, as his life had been fortunate and glorious. The particulars I find remaining in my copy of the Munfter book, (hort as it may be of its original account of Mahon's full hiftory, are however very deferving of being recited in the firft place ; and the more, as through the lamentable lofs of the monuments of Irifti an-* tiquity, nothing fo curious and facisfadtory is to be found elfewhere, relative to the actions of this magnanimous king. I fhall begin with my eiq^ir* ing author's account of a bloody battle that was fought and glorioufly won by Mahon, againft the king of Connaught, for which he found bimfelf under the neceffity of interrupting his engage- ments againft the common enemy. Our Momo- nian hero, having recdved fome provocations
from
4«7
488 THE LAW OF TANISTRT
from the people of Connaiight and their luBg Feargal O Ruark, marched at the head of b troops into the heart of their country, refolved to be revenged on them for cruelly taking advantage of his hard circumftances. Feargal and his peo* pie determined to oppofe his pafTage over tbe Targlin, met him on the banks of that river, where after a very brilk and bloody engagement, the unfortunate Connatian king, and the reroiiot of his officers and men, were drove to the necef- fity of throwing themfelves into the river to fwkn over for faving their lives, in which defpente attempt many of them met in the waters the fate they apprehended from the vidtors fword. Bat Feargal, though he faved his life, did not efcape without the additional difgrace of having left his Ihield behind him in the pofleHion of Mahon, who had fairly liripped him thereof in a perfonal itn- contre, during the heat of the adkion. This battle was fought in the year 965.
Thus the Munfterbook; wherein it is added, that Mahon had this trophy laid up in his palace as a monument of his valour and victory; and that one or other of his general officers during his time, and afterwards the princes of his family, always wore Feargal's fhield on days of battle, cfpecially whenever they fought againft the peo- ple of Connaught, thereby to damp their fpirits with fhame and confnfion, on account of that dif- grace. In this poi-it of conduft, as in other various maxims of the antient Irilh, a per- feft uniformity of manners and cuftoms is ob- fervable between them and the old Germans, ac- cording
ILLUSTRATED-
cording as thofc of the latter aredefcribed by Ta- citus, who fin his treatifc de Morib. Germcmrum) takes notice, that nothing was more ignominious in the eyes of this warlike people, than a com- batant's having left his fhiekl behind him on a day of battle in poflfeffion of the enemy, fiut, to return to this glorious vidtory of Mahon ; we are to obferve, that according to an Iri(h poem be- ginning with the words, ^^ Caogad Ardr^b air ^^ diib Oadaibbj" which is recorded in the Mun- iter book, as having been compofed to perpetu^ ate the memory of Mahon's condu£t and fuccefs on that occafion, not lefs than fifty princes or chiefs of clans were killed in this battle.
Now as to Mahon's wars with the Danes, the fame Chronicle informs us in general, that he fought feven pitched battles againft thefe invaders^ in all which he was glorioufly viftorious ; but it defcends to no particulars, nor names, either of places or perfoiis, but with regard to two of them ; the one is that of Sulchoid, which is alfo men- tioned in feveral other records and hiftorical ac* counts of Mahon's life, and fought in the year 968, according to the Chronicon Scotorum ; concerning which, my copy of the faid book of Munfter fetg* forth, that this king fought it againft the Danes of Limerick, under the command of Maoghnas -w-^^agnus, their chief governor or king, and thofc of Leinfter, conduced by Carran, who came as auxiliaries to their countrymen of Lime- rick ; and that thefe two chiefs, with many of their fubaltern officers, and three thoufand of their men, were all left dead onthe field of battle.
Keating
4St
4^ THE LAW OF TANI8TRT
Keating mentions this, or perhaps another £&- rent battle, that was fought and won by Mahoa at the fame place of Sulchoid agatnft the Danesof Limerick, commanded by Muiris, or Mamioei their governor, and affilied by Totil and Rooaoe, the former of whom is fiiled governor of Water- ford by the EngUfli tranflator of Keating, and the latter governor of Limerick ; which titles however I do not find attributed to them in any of the Irifh manufcripts of that Mftory. In this faattk Keating informs us, that thefe three conmuuxfen, with two others, called Bernard and ToroB, kfi their lives with two thou&nd of their countrytnco, who were left dead on the fpot (in one of Ket^ ing's manufcript copies I find the number of the Hain amounting to feven thoufimd;) and tint ^ Mahon, and his brother Brien, with their vifio- rious army, purfued the reft of the Danes to the dty of Limerick, where they flaughtered them both in the ftreets and in their houfes ; after wfaid they plundered and burnt the town, fet fire to the gates, demolifhed the walls, and entirely dif- mantled that fortrefs. The numbet of the flsin might therefore very poilibly have amounted to feven thoufand both at Sulchoid and Limerick. J My old anonymous manufcript, above-roeo-
' tioned, relates all thefe circumfiances of this battle of Sulchoid, regarding Mahon's purfuit of the Danes after their defeat at that place into tbe Greets of Limerick, the flaughter that was made of them therein, and the plundering, burning, iand difmantling the town ; but it premifes one curious drcumftance to his relation of that battle
and
ILhVBTR ATED. 491
end ks oonfequenoes ; which is, that the tdtoa btg/kn at a piaGe caUed CnamhchotU, now pro* noonoed Knawhill, between Cafhd and Suldxad, ^hcxt he fays that the day before the decifite battle at this plaoe, Ivoma, a Dani(h commaiKier^ appeared with a ftrong body of cayaby to icooor- noitre Mahon's army, and that he was fuddeoly attacked at that place by Brien, fnrnamed fio- rondi, at the head of fonie fquadrons of lights hoife; who, after a briik engagement, wherdn more than half the number of tittt Danilh party Was left dead on the fpot, routed and purfued the reft to the main body of their army, then en« camped at Sulchoid ; and that Mahon fpeedilj followed at the head of all his forces to the laft jnentioned place, where the decifive aAion was glofioufly atchieved by him and his faid brother Brien, as above detailed. The difierence of ciN cumllances between this battle of Sulchoid, and that which is accounted for in the Munfter book, makes me think they were two diflferent actions, though happeniog at the fame place ; and I am the more inclined to be of this opinion, as I find that Sulchoid is frequently mentioned in fubfequent ages and wars, even as far down as the laft cam- paigns and revolutions that happened in this king* dom, as a noted poft for the encampment of ar- mies, being fituated in a plain, which is guarded •by heights on both fides, within one day's march of Limerick, and in the diredl road from Dublin to that town by the way of Cafhel. With regard to the other battle, which the Munfter 1x)ok particularizes, as having been fought and
won
49a THE LAW OF TANISTRT
won by Mahon againft the Danes^ it defcends to no other detail of its circumftances, than that the Danifh forces were commanded by Ivar, chief of fuch of thofe foreigners as were dill in and about Limerick ; which plainly (hews that this adioa was another quite different from that which ii de- fcribed by Keating.
Of the other battle of Mahon againft thefe com- mon enemies, as particularized in the Munfter book, there is no further explication or detail, than that he fought it vidorioufly in the year970i againft Ivar commander of the Danes of Lime- rick, aififted by two auxiliary bodies of people, who are diftigguifhed by the national names of M airtinigh and Leathmannigh, words which ire pronounced Martini and Letmanni. Who thefe two different people were, and of what origuiis a queftion I ftiall endeavour to clear up in a (hort diflertation at the end of this reign, as I think the Irifh hiftorical antiquities interefted in its eclair- ciflement.
Now we are to (>urfue and (inifti Mahon's hi- ftory according to other authorities. In my copy of the annals of Innisfallen, I find mention made of a very bloody battle that was fought in the year 972, between Mahon and Maolmuadh Mac Brain chief of the O Mahon's, aififted by the Danes of Munfter. In the year 975, he gained a very fignal victory over the Danes of Corkc, Wateiford, Limerick, and all Munfter, accord- ing to the Chronicon Scotorum. The above- named Maolmuadh Mac Brain, anceftor of the O Mahonys, who at that time was the moft pow.
erful,
ILLUSTRATED. 493
erful, as well as the moft reftlefs and amUtioud' of all the Eugcnian chiefs, envious of Mahon's glorious adtions and fucceflfes againft the common enemy, fet all his engines to work in order to take away his life, and thereby force bis way to the throne of all Muhfter. For this jend he Tent pri« VBte meflages to all the principal Danifh com- manders of the province, and particularly to Aralt, fon of Ivanis, whom Mahon had flain at the battle of Sulchoid, eameftly foliciting them to make all preparations in the moft private and eic- peditious manner, and join himfelf and his forces to take their full revenge of their declared and conflant enemy the king of Munfter. This en- couragement was fo very agreeable to the Danes, that they loft no time in muftering all their forces, and joining Maolmuadh, whom they found well prepared at the head of a ftrong body of Euge- nians at the place and time appointed for the ge- neral rendezvous. The Chronicon Scotorum re- fers this event to the year 976. Maolmuadh, :«Fith all his auxiliary Danes, marched diredtly and with all poffible fpeed, to furprize the king of Munfter, who had but juft time enough to aflem- ble his forces, and range them in order of battle before the near approach of the enemies. Both parties were juft preparing to enter upon adlion^ when Columb (bn of Ciaragain the biftiop of 0>rke, attended by fome of his clergy, unez* pe£tedly appeared in the field between both ar- mies, and by bis pious intercelfion and fupplica- tions prevailed with the king of Munfter and his enemies to fufpend the battle, and thereby pre- vent
-h
^ THE LAW OF TANISTRT
fier, withanaccountof theyearsoftbdrragQiyttd manner of their death ; wherein it is mentiooed tiat Mahon was murdered on the mountain of Mof- firy near Macroomp, at a place called ladt' Mbagbtbambna^ or the grave of Mahon, Crao his name. This mountain lies in the diitd Goe between the places where Maolmuadh and Dodd- van had their refidences.
Keating confidently tells us, that Kdnmiioi fon of Kinnedy, was king of Thomond, wheo his brother Mahon was king of all Munller. Bot it is recorded in the Chronicon Scotonim, m authority which we may depend upon, dat Eichiaruin and his brother Donnc^uan were boA killed by Congalach, kingof Tara, inTbomood, -4- in the year 950, jufl ten years before the Ix- ginning of Mahon's reign. It feems, however, that Eichiaruin and Donnchuan were elder bro- thers of Mahon, and it is poffible the former might have been king of Thomond after Laditm. Whence it muft follow, that Brien Boromh, whofc nativity is marked down in the Chronicon Scoto- rum at the end of the year 924, juft 25 yean before the death of Eichiaruin, and Donnchuin, was but the fifth fon of Kinnedy, fon of Lorcaa Mahon left iflTue, of whofe pofterity the moil flourifhing were the Mac Eneirys, who enjoyed the large eft ate of Caflle Mac Eneiry, till the time of Crom weirs ufurpation ; and whofe chief was in former times the principal lord of the coun- try now called the barony of Upper Connalla, in the county of Limerick, until the arrival of the Englifh planters, when the earls of Defmond hid
pofTel&on
ILLUSTRATED. 497
f^ofleffion of moft parts of that county. Before that time Mac Enciry's principality extended from the river Maig to Abbey-Feil on the bounds of Kerry. The O Shyhans, who were likewife of Mahon^s pofterity, enjoyed very confiderable pro* perties in lower Connall, until ihey were difpoffeff* ed by the faid £arls. As to the Mac Eneiry^s I find in Tighernach's annals, Kineth Mac Eneiry mentioned as king of Conallo, at tht year io'29> on occafion of a battle fought between him and Doncha O Donegan king of Orrery, wherein both were killed ; which (hews the early fcttlemcnt of the Mac Enciry's in that country after Mahon's death.
Having thus finifhed my account of the life and reign of Mahon, I am now to make good my promife of giving fome account in this place, of the above mentioned Martini and Latbmanni^ by laying down my opinion concerning what kind of people they were, and of what original. As to the L^tbmanniy the inveiligation of thdr origin muil be the more difficult ta(k, as I find no mention of them in any other monument of Irilh antiquities; wherefore, I muft neceflfarily trace them out by the fole light of foreign autho- rities. But with regard to the Martini or Mar- tinciy 1 am fufficiently warranted by hiftorical ac* counts, to think and fay without heiitation, that they were a tribe of the ancient lri(h Belgians, or Oanna-bolg^ (for fo IriQi antiquaries have always called the people of the Belgian colony) as may be feen explained at large in Flaherty's Ogygia, p. 175. Where the Martinei^ the Emm^ and the
K k Mornei
4jj« THE LAW OF TANISTRY
Mornei or Moriniy &f r. are fet down as diffcrem cians of that ancient people, fome belonging to the Damnonian Belgians, and others to the Galle- nian Belgians of Leiniler.
And inafmuch as all Irifh aniiquaries allow, that thofe Belgians were inhabitants and rukrs of Ireland, not only long before thofe they call the Milcfian colony, (whom they preceded by 178 years, according to O'Flaherty's computation) but alfo, before the Tuatha de Danan, whom the faid antiquaries mention as the immediate poffif' fors of this Ifland, before the Scots othcrwife called Milefians ; it follows that thofe Martm^ as well as the Erneiy and the other tribes of tiioTe Belgians mentioned in Irifh hiftory, had a very good right to maintain their ancient pofleifions, even by confederating with any people that would help to proted them againft their former inva- ders of the Scottilh colony. A{1 hiftorians agree in afluring us that thofe Belgian tribes retained the property and fovereign power of all Connaught^ and uninterruptedly furnifhed kings to that pro* vince, till the time of Cairbre LifFeachair fon of CormacMac Airt, when Aidiusthe fon of Gara- dius was king of Connaught, and the laft of the Belgian race, towards the end of the third century. There flill fubfift in the city of Lime- rick and in that of Galway, fome refpedfable re- mains of thofe Belgian Martinei^ I mean the fami- ly, who are now known by the name of Martin.
With regard to the Leaih mannicc or Leunrn-
ttiy I have no other conjecture or opinion to oflfct
. the reader concerning their origin, but that they
were
ILLUSTRATED. 499
were in all appearance the people of that central province of Livonia, whofe capital is Riga, ftilcd by Cluverius Urbs totius Livonia nobilijffitna \ and which province by the inhabitants is called Letten, and Lctta by the Latin Geographers, vid. Cluver. Introd. Geogr, 1. 4. c. 26. The author of the Munftcr book calls ihofe people by the name of Leaih-mannicc, with the fame propriety of fpeech as the Irirti writers always called the Germans Gcar-mannicc, and the Flemifti, Flea- mannicc or Plea'- mannicc, iSc, The learned Ufhcr, (Sylog. Epift. Hib. p. 121 .) is of opinion, that the Oft-manni, who came to Ireland under the conduct of three brothers called Abhlavius, Sitricus, and Ibharus, (A. D. 853, according to our annals, followed by Waraeus Antiq. Hib. p. 106.) were all Livonian; and plainly feems to think they were called Oft-manni as being the defcendants of the OJHai or Oftioties of the Greeks, who were the Q/?// of Tacitus and Pliny. In this opinion I (hould not however be eafily induced to join that great antiquary.
Giraldus Cambrenfis (Topogr. Hib. 1. 3. c. 43.) tells us, that thofe foreigners who came with the threecommandcrs above named, called themfelveis Oft-manni, as being Eafterlings or people come from the Eaft. They might indeed have been properly fo called by the Irifh, or by themfelves with regard to Ireland, in reference to which Livonia is fituate to the Eaft, or rather to the North' Eaft. But if that people call them- felves Oft- mans at home in Livonia, as well as in Ireland ; they certainly were no other than the
K k 2 inhabiunts
Soo THELAWOFTANISTRT
inhabitants of the province of Eften or ^ftonia, who fo diftinguifticd themfelves from the reft of the Uvonians by the name of that particular country, and not from its natural fituation, which they could not have cfteemcd abfolutely or pecu- liarly eafterly, as they could not be ignorant, that there were other nations of mankind, (ituate be- tween themfelves and therifmg of the fun.
That the Oft-manni or rather Eall-manm, who came to Ireland under the command of the three officers above named, were really Livonians, as Ufher has judged ^ is an opinion which I think receives Arong conBrmat'ton from this mention that is made of Lsth-mannicc, as of foreign people aflbciated with the reft of thofe ftrangers who infefted and fettled in th*s country from the latter end of the eighth and during the ninth century ; for as thofe Let-manni plainly feem to be the people of that particular province of U- vonta, which is called Letten and Letta, fo the Oft-manni or Eaft-manni appear as plainly to be the inhabitants of that other province of the fame country, which is called Eften and Eftia ; and which, it is natural to think, had retained the ge* nerical and national name of the ancient j^H^ defcribed by the Roman writers ; in a word, thefe two opinions, Uftier's of the origin of the Oft- manni from the province of Eftonia, and mine of that of the Lei-mannij mentioned in the Munfter book, from the province of Letten mutually fupport and confirm each other, fo as to make it the more apparent, that both people were Livonians, of thefe two different provinces
rcfpedtively.
ILLUSTRATED. ifci
refpedlively. ^ And if we add to all this^ that thofc foreigners who came to Ireland, with the thite brothers and commanders now often mentioned, and were fettled by them in the cities of Dablin, Waterford, and Limerick, have been frequently called by the name of Gaill, by Irifli writers, ever fince their iirit landing in this country ; this dr* cumftance, joined with that of the Lei manm^ being found mentioned in Iridi antiquities, net long after the arrival of thofe fame foreigners, will render it more than probable^ that all and every one of the diflfercnt provinces of Livoiua have furnidied adventurers to the expeditions for invading Ireland, in the ninth century.
For as the Let-manni, and Eft-manni, were ve»y apparently the people of the provinces of Letta and Ellia refpedtively : fo 1 think it equally ap- parent, that thofe whom Irifh writers call Gaill, were the people of Semigallia, which is a third province of Livonia, bordering on Letta towards the South, and fituate juft at the bottom of the Sinus Livonicus. And here it is particularly to be remarked, that before the arrival of thofe fame foreigners, writers have never difiinguifhed any people or nation by the name of Gaill : for as to the Gauls, in the moil ancient writings, the words Ccilt or Geilt, and Ceilteach, fignify a . Gaul and Ceilltiic in the plural : and writers of the middle ages have ufed the word Galtach to fignify a Gaul, and plurally Galticc the people of Gaul ; but the words Gall in the fmgular, and Gaill in the plural, firft ufed to fignify fome of the in- vaders of the ninth century, who probably were
the
502 THE LAW OF TANISTRY
the people of Semigailiay have afterwards been employed by writers, to mean all foils o( foreign invaders promifcuoufly arid in geaenl, whatever nation they may be of. So that the Anglo-Saxons, who invaded Ireland after die fuppreffion of the Danifli power, have always been called Gain as well as Safonicc, by Irt(h writas; and are called Clanna Gall by the common pcopk to this day.
Befides thefe general appellatives of GdllvA Lehtnannicc, the Irifh writers made ufe of the word Danifj which in right orthography is rather Dat fbify literally meaning viri Dani^ to fignify the people of Denmark in particular. And this word I find to have been of later ufe than any of \ the preceding; from which circum (lance it may
be inferred with fome appearance of truth, ibit the Danes were not as early in their invafive ex- peditions to Ireland, as the Livonians and other inhabitants of the right hand coaftsof the Bllti^ fea : for which I (hall by and bye affign a rcafon, whereof the reader is to judge as he may think proper ; in the mean time, it is nccefl'ary to cb- ferve, that with regard to the northern invadcn of the ninth century, writers mcft generally and commonly call ihem all promifcuoufly and indif- ferently by the national name of Locb-hnnacb in the lingular, and Locb-larmicc in the plural; whether they were Livonians, PrulTians, PonK- ranians, Saxons, Frifians, Danes, Norwegians, Swedes, or any other people of lower or northern Germany inhabiting the coaft of either the Baltic or the Germanic fea. To the people of iholc
regions
ILLUSTRATED.
regions alone the name o( Locb-ltmnicc was always affedted by Irifti writers, while they extended that of Gaill to all forts of foreign invaders, whatever part of the globe they 'came from. From hence itfeems evident, that this word Locb-lannMcb oX Locb-latmicc^ has been originally formed upon the name they firft had given, or' traditionally heard to have been given either to. all thofe maritime coafls of the Baltic and Germanic feas in general, or to fome particular country adjacent to one or other of the faid feas, from which that name may have been extended to fignify all the other coun- tries of thofe regions.
As to Kea ting's and Flaherty's etymological explication of the word Locb-larmacb, by which, they would mean powerful atfta^ the Irifli of the ninth century could not be ignorant, that other nations had as good a right to that character as any of the Germanic people we are fpeaking of, whom they confequently would not have diftin- gui(hed by that name. The whole maritime force of the feveral Germanic and Schytho-Ger- manic people of thofe days all combined together could not match even the third part of the naval power of Charlemagne J of whom we read, that his armaments formed one continued cafdon of (hips of force, ftationed at convenient diftances,' all the way from the mouth of the T> ber to the coafts of Denmark. Mr. Edward Lhuyd, in his comparative etymology, (Archaeol. Brit. p. 19. c. 2.) fets down Lycblynnydb^ as fignifying a Nor- wegian in the old Britifli or Welfh language \ and confequently we may prefumethat they gave
the
S«>3
504 THE LAW OF T ANISTRT
the name of LychlyDn to the country of Noi- way. The vfoid Locb-Ioiuuicb^ fometicnes indeed meant a Norwegian with the old Irifb, butitiUb fignified a Dane, Swede, Livonian, Pruffiao,kc with all the Irilh writers, as well as a Norwaymin. Whatever original fignification the old. Wdb might have given their word LycbhfunjS^ for of part, I am flrongly inclined to think, thaiLodh lann or rather Loch-land, (for the Irifli ahrtp ufed fm and nd indifFereotly for each other, elp^ cially at the latter-end of words, as may be fca in old parchments, and I find the words Lodt- ]and and Loch-lainde fet down in my old copy of the Chronicon Scotorum as frequently as Lodh lann) that Loch-land, I fay, a Celtic word whidi litterally fignifies a land of lakes or a watry (^ gion, was a name which our remote analiors gave either to fome particular country fituatedoo the Bahic, from which it might have extended itfelf to fignify all the other countries of tbofe parts ; or elfe, that they originally comprehendcii under the fame name all the country furrounding that fea, as well as thofe of lower Germany fix- ated on the Germanic fea. And this would fem the more natural, as it is well known, thaiall thofe regions are more abundantly watered with lakes and rivers, than any other large traft of Europe. If any particular country of ihofc to arc fituated on the Baltic or the Gei manic fe, was peculiarly called Loch- land by the ani'eni Irifli, it may very probably be that region en boih fides of the lower Vittula, which comprehends the provinces now called Pomerania and Pruffia,
w
ILLUSTRATia
\Yhich were the antient feats of the Goths, and that part of the Efiii^ which by the anticnts wcie diftinguifhed by the name Scyrri. Helmodusa German hiftorian and geographer of the twelfth century tells us, that thofe countries, and more efpecially PruiTia, are almoil inacceifible through the grejit number of their lakes or loughs, and fenny grounds \ inaccejfi paludibus^ mUnni inter fe dominum fati voluntj are the word« of this author, relative to the Pruffians. Cluverius, a native of Dantzick, gives ub the fame notion of thofe coua- tries, by defcribing ihem in thef^j words, ' terra
* pahidibus lacubufque creberrimis pntpcdita atigue
* liivw,* (Germ. Antiq. 1. 3. c. 48.) words whofc whole meaning is comprehended in one Iberno- Celtic word Loch-lann, or Loch-land.
But what I think very much to our purpofe for grounding not only the reality, but alfo the anti- quity of this name Loch-land, being given to thofe right coatts of the Baltic, which compre- hended Pomerania, Pruflia and Livonia, is fur- niftied by Jornandes in his hiftory of the Goths, written about the middle of the fixth century ; wherein, according to Ciuverius*s explication, that author's following v/ords, pervemt ad terras qu^ lingud eorum (Gothorum) Ovin voeabantur^ muft be underttood of the countries of the Eftii of Ta- citus beyond the Viftula, which in the Gothic language, were called by the names of Ouen or Ouen-land, as Jornandes tells us in the above words terra oven. Now it is plain to every Iriftiman, who underftands the Iberno-Cehic laifr- guage,tbat Ouen-land and Loch-land, fignifylhe
very
5^5
5*6 TH£ LAW OF TAMISTRT
•
very fame thing, Abhuin or Obhuin^ which is pronounced as Ouin, (ignifies in Irifh a river: and though the Irifh word Loch or Lach in its primitive and radical meaning, properly figniiies a lake and is the radix of the Latin lacus, yet we find it very frequently ufed by Irilh writers, to fignify a river, even fo as to make it fynony- mous to the word Obhuin or Ouin. Cluvcrius obferves, in the place above cited, where he ex- plains the words of Jornandes, that even in his time, the Saxons diflinguilhed by the name of Ouven-land, all fuch lands as abounded with lakes and rivers.
Whether the name of Loch-land may have been peculiarly given in primitive times to thofe countries, which are fituated on the right or fouth fide of the Baltic, for the rcafons now explained ; or whether the antient Irifh might have given that name in general to all the countries lying round about the borders of that Tea, which may pro- perly be called a lake or lough, being almoft quite (hut up within land, and confequcntly may have given the name of Loch-land to all the countries by which it is furrounded ; certain how- ever it is, that Irilh writers extended that name to all and every one of thofe faid countries, whofe inhabitants they promifcuoufly called Loch-lanicc, as I have already obferved, and I am quite of opinion, that this name was known in Ireland before the arrival of the invaders of the eighth and ninth centuries ; for I think it very apparent, and -I am confident I may upon another occafion make it appear from fuch plain reafons, as may in a proper fenfe be called living arguments^ that fome
colonies
V
ILLUSTRATED. 507
colonies of different Germanic people have been fettled in this ifland, before its converlion to Chriftianity, whomuft have derived their refpec- tive origins from thofe different nations of Ger- mans, whom Tacitus, Pliny, and others, mention as the antient inhabitants of the countries, which arc fituated on the right hand coafts of the Baltic, and whuconfequently could not have been flran- gcrs to the old name of any particular country of the fame fide of that fea, from which they ori- ginally proceeded, or that of any other of thofe northern coafts.
Now it remains to be obferved, that the Irifh writers divided their Locb-lannicc of the ninth cen- tury into two forts, viz. the Fionn-locb-lannicc^ or white Loch-landers, and the Du-hcb-hnmcc^ or black Loch-landers, whom they alfo diftinguifhed by the name of Fionn-geinte^ or white Gentils, and Du'geinte^ black Gentils or Pagans. This dillindtion of our Loch-landers and that of the Albanian Pids, who were divided by the Roman writers into Ve6luriones, and Ducaledones, was exadlly of a parallel nature and fignification. Ducaledones fignified the black Caledonian Pifts, and Veduriones, a corruption of the word Vit- guriones, meant the white PiAs or white men of the fame people called Pidts, for Vit in the Ger- mano-Celtic fignifies white, and Gur, from which Guriones was formed in the plural by the Romans, is the Britifh word (ox man. Vid. Archaeol. Brit in voce Vir, p. 174. The Fionn- loch-landers were alfo called Fionn-gaill by Irifh writers ; whence the name of the country about Dublin which is
called
508 THE LAW OF TANISTRT
called Fingall. Here the reader is to be informed that in the meaning of the Irifli language, the word Fi&m or white when applied to man or wo- man, has reference chiefly to the hair of one's head ; fo that Fitmnloclhiarmicc fignified the Loch- landed people with the fair or flax-coloured hair \ fuch as the Roman writers called flava ca/aries^ and its oppofite and correlative Du-hcb-Unmc iigpiiied the Loch- landers with the black or dark coloured hair. Hence I fee no reafon, that may incline me to the opinion of modern Irifti writers, who think, that in the fenfe of the old Iri(h, the black Loch- landers were the Danes, and the white Loch- landers the Norwegians. For if we may judge of the features and hair of the Danes of thofe days according to what we know of the pre- fent inhabitants of Denmark, who in general are rather of a fair than a black or dark complexion, we can have no reafon to judge, that thofe who inhabited that country in the ninth century, could with any foundation or propriety of fpccch be diftinguifhcd from their neighbours by the name of Loch- landers. And as to the Norwegians, I fee as little reafon to think they could have a bet- ter right to the name of white Loch- landers, than their neighbours of the fame climate, particularly theSuiones, the Gutae, the Hilluviones, theScan- dii, &c. of which the people of Swedeland were then compofed. Roderic O'Flaherty, Ogyg. p. 303, thinks the Finlanders were the Fionn-Ioch- landers of the Iri(h writers \ and derives the name of Finland from the beauty and fertility of its foil,
imagining
ILLUSTRATED.
gining that the word Fin^ which enters into compofition of that name, is the fame as our glo- Saxon word ./Snf, or beautifuJ. He did I it feems, reflet that Finland is (o called b ita antient inhabitants the Fennii^ wboTe de* ption by Tacitus does not give us the leaft Bi to think they had any particular right to be inguifhed from their neighbours, either by whitenefs or beauty of their complexion, or pleafantnefs of their country. 4ft cannot in my opinion be qualified to oflfer 81 fo much as a conjedure, much lefs to fpeak afively on this fubjed, with any (hew of ret- I or foundation, before we have obferved in I firft place, that according to the Irifli annak, rticularly thofe of Innisfallen, and the Chronic- Q Scotorum of Cluainmac-Noifs, the firft ap- arance of the black Loch-landers in this king- m, was in the year 851, when they arrived th confiderable forces at Dublin, where they at- ked the white Loch-landers, and difpoflefled III of that town and its neighbouring territories. A though the whites having received reinforce- Tits from their own country, fought the blacks ct yeiar during three days and three nights, as t Irifti chronicles inform us, yet the latter were ilviftorsand kept their poiTcilions, contrary to James Ware's account of this battle, who mif- dng the fenfe of the Iri(h language, interprets 5 words that defcribe that adion, as if the black ich-landers had loft the vi£tory, and were ex- iled in their turn. But in two years after this irolution in favour of thefe new invaders, call- ed
S^f
Sio THELAWOFTA-NISTRT
cd black Loch-landers, the three brothers above- mentioned, who condudled the Oftmanni\ whom the learned Ufher derives from Livonia, arrived in Dublin, dirpoflefled the black Loch-landers, and fettled themfelves and their people not only in that city, but alfo in thofe of Waterford and Limerick. And in the mean time Abhlavius, who fettled in Dublin, was acknowledged chief commander or king, by all the Loch-landers of Ireland, both white and black.
Now that thofe new invaders and conquerors of the black Loch-landers, were of the people call* ed white Loch-landers, as well as thofe that had been difpoflefled by the blacks in S51, appears, I think, evident enough from this one circumftance, that the name of Fingall could not have been gi- ven to the country about Dublin, which ftill re- tains that name, till after the arrival of Abhlavius and his people, and while it was poflcffed by them and their pofterity, who continued to be its fovc- reign pofleffors till Bricn Boromh's time. For u the names of w hite Loch-landers and black Locb- landers arc but mere comparatives or correlatives to each other, in fuch fort that neither of ihcm could have cxiftcd without the co-cxiftencc of the other : fo neither the people whom writers call white Loch-landers or white Gallions^ could have been fo called by them before they had fecn the other later Loch-landers, who were of a darker complexion, nor confequently could the country which had been poffeflTed by the firft Locb-land- ers, have received the name of Fingall, derived from that of its pofleffors the Fingaills, or white
Gallioos,
ILLUSTRATED. 511
Gallions, before it came into the hands of the above Abhlavius and his people, who had con- quered it from the black Loch- landers. And ve- ry agreeably to this argument, I find after a ftriA and minute fearch into the Iridi annals, that from the fir(]t appearance of thefe northern invaders on the coafts in the year 795, till the arrival of the black Loch-landers in 851, writers never called any of thofe foreigners by the name of either white Loch- landers or black Loch- landers, but always by cither of thefe three names fimply and with- out diftindion, viz. Locb-hnnig^ Gaill^ Geinie • names which they ufed promifcuoufly for each other.
The next ftep that (hould, I think, be taken for deriving fome light upon this fubjedt, is to look into foreign hiftory, and after taking a view of the fiate of affairs in Germany about the time thofe northern pirates began toinfeft the coafts of Ireland, to confider which of the different people who inhabited the northern and lower parts of the German continent, and the countries bordering on the Baltic fea, may be reafonably fuppofed to have been earliefl in feeling the necefEty of ' quitting their native feats at that time, and feek- ing new efiablifhments in the Britifh ides or elfe- where. In this review of the (late of Germany in the eighth century, the moll remarkable objedt that prefents itfelf is, that long and bloody war which was carried on by Charlemagne againft the Saxons and their allies for the fpaceof 30 years, from the year 77« to 802, when this conqueror entirely finifhed the redudion and difperfion of that warlike nation. This war muft naturally
have
51^ THE LAW OP TANISTRT
have produced among the Saxons and their ifa and neigh bours^ changes of feats, emignioi and expeditions into diftant countriesi fodi » a£Uy as thofe which antient hiftory fuffidotlf gives us to underftand were produced by tbemi pfDrufusand Germanicus on the banks of die Elbe, and in thofe very quarters of Gmq which made the theatre of Charlemagne't m with the Saxons.
.For in the fame manner that the arms of tbde Roman generals caufed fuch preflfures and coo* motions of the northern Germans of thofe days a extended all the way to the Viftula and the coqd* tries beyond it, fo as to have obliged the mot part of the Vandalic tribes, particularly theGtids, firft to pafs that river, and afterwards qdttk country they call Ovenlandy now Pniffit, (nA whence after roving through Sarmatia, and the borders of the Mseotic lake, they pafled into Da* cia, where in procefs of time they fettled under Marcus Aurelius about the year 16 1 ; foinlike manner the cxpulfion and difperfion of the Saxooi and their auxiliaries mud have caufed fuch a preffure and exuberancy of inhabitants in tboii parts to which they had the eafieft accefs, asnwdc it abfolutely necelfary for fuch hard prefled airi crowded countries to difcharge themfelves upoa , their next neighbours on the fame continent, or
fend off their redundant numbers by feaintofome diftant parts of the world. The countries bt tween the Elbe and the Viftula, and thofe be* yond this latter river, afforded a larger and raon inviting fcope of ground to the Saxons and theii
ncighbouiim
ILLUSTRATED. 51J
tieighbouring auxiliaries to refuge themfelves in, than the narrow peninfula of the Cherfonefus Cimbricus, or Denmark and Jutland; which otherwife was of the more difficult accefs to thofe diilrefTed fugitives, as it was governed at all times by powerful kings, and thickly inhabited by th* braveft of all the Germanic nations the Teutons and the Cimbrians. Nor was it either prudent or political for the expelled Saxons to attempt forcing their way into that narrow neck of land, out of which they might naturally forefee, that they fhould be obliged fooner or later to pafs over the ftreights of Sunda, and fight for more difagreeable habitations amongft the Norwegians and Swedes, people of as Aubborn and as brave a fpirit as the Cimbrians.
From thefe confiderations I infer, that in the fame manner as the preiTure caufed by the wars of Drufus and Germanicus on the banks of the Elbe, have been fooner propagated, and more fenfibly felt on thofe of the Viftula and beyond it, than in the Cherfonefus Cimbricus, as appears from ancient hiftory, particularly that of the dif- perfion of the Vandalic tribes ; fo the preffurcs ariQng from the expulfion of the Germans by Charlemagne, muft for the fame natural reafonar have fooner dilated and propagated themfelvedS towards the fame river and the countries to the caft of it, than to any other part of the Germanic continent. From this argument I conclude, thac the necedity of difcharging the redundancy caufed by the difperfion of the Saxons, may reafonably be fuppofed to have been begun in the countries
L 1 now
514 THE LAW OF TANISTRT
now called Pomerania and Pruffia, the latter of which, as I have already repeated, was called Oven-land, the fame as Lxx:h-land in the time of Jornandes, and his Goths, according to Quveriusj and that the naval expeditions which were pre- pared for that difcharge might have fetoutftois the fea- ports of thefe countries, fuch as Dantad, Colberg, Koninglberg, &c.
And that the people who were fent off on fudi of thofe expeditions as have been made to Ire- land, were compofed of Saxons, as well as of tbe natives of the countries from which they fetost, appears, I think, from this circumftance,thatiD the year 837, when thofe foreigrners madetheM iettlement in this ifland, (for before that epodi they were only infeflingand plundering our coafis from their firft appearance in 795) by taking ind pofleifing themfelves of Dublin, the annals of I&- nisfallen and thofe of Clonmacnoifs called Cbro- nicon Scotorum, mention one Saxolb commanda of thofe fame foreigners, who then took this city, as having loft his life at that enterprize. Theie firft adventurers continued in poffeifion of Dublin and its environ fron the above year 837 to Sfi, when they were difpoffeffed by thofe whom our anceftors called black Lx)ch-landers or black Gentils, comparatively with the former Loch- landers, who in all appearance from the reafons above mentioned, were moftly compofed of the people of Pomerania, and Pruffia, of whom Helmoldus tells us, that they were of a fair complexion.
The
I L>L U S T R A r E D. jiS
The Dantzickers, Pomeranians and MeckJen- :>urghcrs of the eighth century, (for I would pot exclude the latter from having taken part in the above expeditions, as they could not have been lefs urged by the fame neceffitics, and the ports ^f Lubcck, Wifmar and Roftock, were conve- nient to them) for the greater parts were the dcfcendants of the Vandalic tribes, whofe feats in the time of Tacitus, who lived under Vefpafian^ extended from the confines of Hoiftcin to the Viftula. Procopius in his hiftory of the Vanda- lic war, (Lib. i. cap. i.) defcribing the difFereat tribes of the Vandali wilh whom he was ac- quainted, remarks that they were all white (kinned ^ with fair or flax coloured hair, cutis omnibus can-' dida^ flava aefaries^ &:c. And this is the very complexion which the Irifli have always diftin- gui(hed by the word Fionn. The Gottones or Gothi were only one particular tribe of the Van- dalii, and their habitations in the time of Tacitus were on the banks of the lower Viftula in the country where Dantzick is now fituated. Now it is remarkable, that in feveral places of Tighcr- nach and the Chronicon Scotorum, I find the Gottatcc or Goths mentioned among our northern invaders: and it feems they were of highdifiinc- tion amongft thofe foreigners, inafmuch as their names were tacked as a mrname to that of feveral of our Irtfh princes in thofe days. Mslruana Got O Maelfeachlin was the name of the prc- fumptivc fucceffor to the throne of Tara in the year 977, vid. Tighernach and Chronicon Sco- torum, Maelfeachlin Got king of Meath is men-
L 1 2 tioned
x6 THE LAW OF TANISTRY
tioned in both the faid annals at the year 1025. Giolla Got O Ciarda king of Carbury in Ulftcr, is fo named in Tighernach's ccminuator, am 1155. And Donal Got Mac Carlhy was prince of Carbury in the county of Cork, and fo named in the annals of Innisfallen at the year 1252.
From all this I conclude, that the firft northern invaders of Ireland, who were called Fionn-loch- lanning^ and had fettled at and about Dublin before the arrival of the black Loch- landers, were either Pomeranians, Mecklinburghers or Fruffians, or perhaps an aflbciated body of thofe different people collefted and probably commarkled by fome Saxon fugitives after their difperfjon by Charlemagne. And as to the fecond colony of white Loch-landers, who under the conduA of Abhiavius, Sitricus and Ibharus, difpoflfefled the black Loch-landers, I would be inclined to think them only a fecond expedition and difcharge of inhabitants from the faid countries, but that I find in the Munfler book the name of Letmanmcc^ given to thofe foreigners, who were fettled in Limerick by Ibharus, one of the three above- named commanders of the fecond expedition of white Loch-landers : and this is what chiefly bends me to the opinion of the learned Ulhcr, who 'thinks that thofe who were condudted by the faid three commanders came from Livonia, and were therefore called Oft-manni ox Eaft-mannihy the Saxon writers. For as to the Irifti it appears, that they never gave that name to any of thofe foreigners, as it is not to be found in the Irifli chronicles. The Let-manniand other Livonians
may
ILLUSTRATED. 517
may-ijc properly called Fionn-loch-lannig or while Loch- landers, as' their complexion could not be fenfibly different from that of the Pruf* fians, who were of the fame Eilian nation, with a Ibrong mixture of the Goths remaining amongft them fince they palfed the Viftula in confequcnce of the wars of Drufus and Germanicus. And it is not unlikely, that the expedition conducted by the three often named brothers, might have been compofed of Pruffians and fugitive Saxons as well as of Let-manni or Letians ; inafmuch as the preflure and redundancy of inhabitants pro* pagated to PrufTia by the difperfion of the Saxoa nation and their auxiliaries, might very naturally have obliged the people of that country to dif- charge themfelves towards Livonia, were it for no other reafon or view, than to find fo conve*^ nient a port as Riga for their intended expedi- tion.
This is all I have to fay of the white Loch* landers. And now the queflion is, who tht black. Gentils were? What part of lower os northern Germany they were from ? And what neccffity urged them at that time to quit their native country ? This, I muft acknowledge is a queftion, which I fee little or no light to folvc, or even to fpeak to in any fatisfadory manner; my only conjefture about them is that they may be a body of Frifians with a mixture of the dif- perfed Saxons. We read in Charlemagne's hiftory that in the year 795, he tranfplanted great numbers of the Saxons into different parts of his dominions, fuch as Frifeland, Flanders, Switzer-
landy
5i8 THE LAW OF TANISTRY
land« &c. And the Englilh hiftorians mendoQ the Frifians among thofe foreigners who invidol England and took York, anno 867. TbeFrifiios \irhore feats in Charlemagne's time were neir tk lower Rhine and the Zuider-Zee^ in the country 'ftill called Frizeland from their name, wbetber Tthey naturally were of a dark complezioa a not, might have received a ftrong mixture of GiuElli and French blood and features, fince their M "iettlement in the neighbourhood of Gaul ; lod for that reafon might properly enough be diffio- guifhed in Ireland by the name of black Lock- landers or black Gentiles, from the white 000- plexioned people above defcribed : and that nxil of them were really Gentiles or Pagans ia tk time of Charlemagne, to the middle of the oiotii century, may reafbnably be concluded from thdr . having martyrized St. Bonifacius firft archbilhop of Mentz, and afterwards bifliop of Utrccbt. after the middle of the eighth centiu'y. By vial I have now laid down in this difcuflion concerning the white Loch- landers and black Loch-landcrs, among either of \\hom I have not mcntioDcd or comprehended the Danes or Norwegians, I would not be underftood as if I meant itainooc of thefe people came to Ireland during the ninlb and tenth centuries; I an rather of opinion, that fome Danes and Noi wegians came and fetiH here, efpecially towards the end of the tenth century, about the time that Swcin king of Df^' ttiark, and Olave king of Norway inva(k<i England. We find in the account of thebailk
of Clontarf, A. D. 1014, the Danir or Dan«
mentioned
ILLUSTRATED. 5tj^
mentioned among thofe f..odi-landers, agaihft whom Brien Bororoh fought that bloody batde.
Before I have done with the Let-manni dr Letians of Livonia, I (hall |)ropofe by way^ gf quaere, whether the Lseti or Lettiani, who ar^ mentioned by Zozimus, Jorhandes, and others as inhabitants of Gaul, and mercenary auidliaries ot the empire in the fourth and fifth centuries, mav not be originally of thefc fame Lctjans of Livo- nia. Zozimus (peaking of the tyrajit Magnen- cius who ufurped the empire, a9n$ 350, fay^ that he was by origin a barbarian, and had b^n bred among the Letians, a tribe of the Gauls^ priginem generis a barbaris babebaty et vixerai afiit4 Latos qua Gallica natio eft. Zoz. I. 2. p. 154^ Now, that thofe La:ti or Lsetiani, (for fo th<gf were indifferently called by either name) werg not originally Gauls, but rather of a Germanic or* Scytho-Germanic origin, appears, I thinks frpni a paflage of Jornandes, who in reciting the^ifr ferent barbarian auxiliaries of jhe Germanic ana Scythian nations, who a(ri(led Aetiiisat the battle he fought againd Attvla near Orleans iiimo 451, mentions the Lastiani among thofe -auxiliaries .as in the following words, *his enim adfuere auxil(a-
• res Franci, Sarmatse, Laetiani, Burgundioii^^
• Saxones, Riparioli, &c. aliseque Celticae vclGcr-
• manicae nationes.* From an expreffion of Eu- roenius in his panegyric on Conftantius Chlorus it feems apparent, that thofe Lseti or Laetiani were la the fervicc of the empire, and inhabitants of Caul before the time of Diocletian and Maximia^ who began to rc^gn in 304, for jt appears from the following vrorcU of .thait joratpr, that tfe
Letians
izo THE LAW OF TANISTRY
Laetians had been expelled the empire before Maximian*s time, and that this emperor recalled and employed them and the Franks, in cultivating the wafte lands of the Nervii and Trcveri in Gaul : * fic ut poftea tuo, Maximiane Auguile, Vnutu Nervorum et Xreverorum arva jaccntia « Laetus poftliminjoreflitutus, etFrancus in leges
• receptus, excoluit &c. It alfo fecms to appear from the Notitia Imperii, which wa$ drawn up in the reign of Honorius, that ihefe Laetians were the firft barbarian mercenaries that had been em- ployed in the Imperial fervice. For in the fam^ manner as the name of the particular people and troops called HufTars, is given in our days to ail fuch military corps of the different nations of Europe, as are armed and mounted in the fame manner, and deftined for the fame kind of fervice as the firil Huflars that appeared in the armies of Europe ; fo we find in the Notitia Imperii the name of the L^f/i' tacked as a military furname ft) the barbarian mercenaries of different nations. Thus we read in that valuable monument of Ro- man antiquity, publifhed by Sirmondus, ' Prae-
fedlus Laetorum Teutonicp'rum, — Prarfcflus « Laetorum Battayorum, — Praefeftus Laetorum
• Gcntilium Suevorum, — Prsefedlus Laetorum
• Francorum,* &c.
This kind of military language of the Roman armies paflTcd into ufe even with regard to the military benefices that were affigned to thofe dif- ferent barbarian mercenaries ; for wc find i.i an cdift of the Emperor Honorius, that thofe bene- fices, whatever nation their pofleflbrs may be of, were all called Ttrra Laiiae. ' This appears from the preamble of that edi<!t, whieh runs thus,
quia
ILLUSTRATED.
•
& quia ex multis gentibus fequentes foelicitatem
* Romani Imperii, fe ad imperium noftrum con-
* tulerunt, quibus terrse Lxticse adminiftrandse
* funt, &c.* Codex Theod. lib. 13. tit. 4, leg. 9. A modern French critic has criticized away from all exiflence in quality of a people or nation, thofe Lseti or Lsetiani of the Roman writers, and thinks thefe words to be only attributives or ad- jcftivcs to fignify the beneficed conditions of the barbarian mercenaries ; without regarding the au- thority of Zozimus, who calls the L^tti a real na- tion living among the Gauls, nor that of Jorium- des, who mentions them amongft the different Germanic people who were auxiliaries to Aetius againft Attila ; this he alledges as his chief reafoh, that no author mentions either the country of their origin, before they came to Gaul, or that where- in they were fettled in this part of the empire af- ter engaging in the Imperial fervice. It feems this writer forgot, that there is fuch a country as Lena or Letia in Livonia, which was poilefled by the M&X\ of Tacitus, and whereof he might have read in Cluverius as well as in the learned U(her . and if he had known any thing of Irilh antiqui* ties, he would have found that the antient name of Low-Brittany before the Brittons fettled in it, was Letbs or Armoric-Letba^ vid. Colgan. Trias Thaumat. p. 4. col. a. parag. 2, and p. 8. col. a. parag. 3. In the life, of Gildas Badonicus, the fame country is called Letbania^ and in fon^e manufcript copies Lttbaruia. In the life of St. Mac Clovius the patron of St. Malo, which de« rives its new name from that faint, we find that the old name of that town was A-ktba^ which in
the
sax
jjta THE LAWS OF TANISTRT
tiie Celto-Ibemian language fignifies vadam feu fortus Letborum, Vid. War. de Scrip. Hib. part 2. c. i.n. 8. The Welch always called Low- Brittany by the name of Lsedan^ or Lidan^ as they ftill do, deriving it from Letba^ or LnUrna Thus it is, that the antient names of cbtmtries are often better prefaved by foreigners than by their own inhabitants.
BRIEN BOROMH.
Before I enter upon the reign of this great and iriAorious prince according as his a£tions are re- corded in the Iriih annals, I Ihall relate an aiiec- jdote of his life before he came to the throne of Munfter, fuch as I find it explained in my old anonimous manufcript with regard tolumandliis brother Mahon. It imports that Brien, when a young man at his faid brother's court, impatient of ina£tton while he faw all parts of the country over-run and fpoiled by the Danes, conceived the defign of carrying on a kind of a partifan war againft thefe foreigners. For this end he formed a fmall corps of only one hundred brave young no- blemen, attended by their domefticks, at the iiead of which be always polled bimfelf at pro- per paffes and defiles to furprife and take all ad- vantages of thole cruel enemies^ both at tbdr plundering excurfions, and in their marches and counter- marches from one poll to another. Dur- ing this little nK)untain war, Brien in one of bis esTpeditions attatked a Danifli officer called firi- tnis, who commanded a party of loo meni ^hom he 'killed with 50 of his number, at a pke called Craig- liath, near the town and regal feat
of
ILLUSTRATE]). 533
f Boromby from which by the bye^ this prince.
'wbo afterwards enlarged riiat town^ and buflt
^Kkeieat the famous palaoe of Ceanncora, had the
JHuname of Boromh. At another rencaimter in a
. |wt of Thomond called Breantir, he killed «ne-
. SherDanilh ofiicer named Owen, and cut off to a
.amn his whole party wUch con&fted of 60 men.
At a thirdy he furprifed and killed one Eloys with
So Danes, near the river Forgus ; and in a fourth
pedition, one Melgy with 100 Danes at a place
lied Deargret. Thus he continued his little
ing war againft the Danes, until his fmall
XMmy was reduced to fifteen : with thefe he re-
^^Urned to his brother Mahon, whom he then earn*
r^flly folicited to redouble his efforts againil the
•iniraders of his kingdom ; in which undertaking
-S^rien with the greateft ardour always vitlorioufly
l^conded his faid royal brother to the day of Us
^eath. But the glorious work of the entire re-
^u6Uon and extirpation of the invaders was re-
f crved to himfelf in a latter feafon.
I (hall now purfue and relate the principal ac« lions of this heroe's life, according as they are fet ciown in the annals of Tighernach, thofe of In- Aisfkllen, and the Chronicon Scotorum, without -<lepefidtng on, or borrowing the lead circum- Aance from any other authority, as no other than VfcW known and authentic annals (hould ever be .depended on with regard to the public adions of -kings , and this fame rule I fhall obferve with re- gard to all the fubftquent reigns as far as the faid annals will lead me. But as to the genealogical part of thifihiftory, which I fhall carry on at the
end
THE LAW OF TANISTRY
end Gf every leigii, the reader, I humbly pre- fisae, vill find it fupportcd by the heft aatbo- fkxs (vhedier annals or other records of a gen^ aSogicai natore) that can be produced in the pre- Sccz age, and perhaps the bell that have esdfiai tor ferczal ages backward. But the well infonn- cd reader is to be judge in this cafe, and will be the bester abie to pais a right judgment, if he Gccpares the following genealogical accounts of the O^Brien race with thofe that have been pub- Efhed in the Irifli peerages of two difierent authorg ia daesr genealogy of the Earls of TlxKnond and
To begin and purfue this prince's hiftory from the time of his brother Mahon's unnatural dcadi; I am lo obTerre CO the reader in the firft place, thtt Brien being informed of Donovan's horrid tret- cfaerj, kit no time in preparing to be fully I^ Tecgcd bcth of that traitor and the bafe miffder. era cf hfs royal brother. For this end, he manlh ed 13 the firtt place ag^nft Donovan, whom he pcrtbed ;ntc iLc heart of his country « where hi?- isg exigagcd him and his Danifh acziliarics coo- macded by Aulaibh or Aulavius king of tbe Dases cf Munfter, be not only cut off andkft dead on tbe £eld cf battle, both that Irifli priooe ard this DanKh ksig^ but alio made a general car* cage cf all their forces, whereof fcarce a nunef- caped the vigor's fword, as is particularly re- rrarked \z tbe annals of Iniusfallen. Bricn's neit care was to take the Fke revenge of Maolmuadh NIac B:ain and his brothers^ tbe immediate per- petratcfs cf Mahcn*s mmder. He therefore gsarched fccc afterwards in qceii of Maolmuadb,
ILLUSTRATED. JI5
) being aflfifted by 1 500 Danes, was met by !n and his forces ac a place called Bealach* chta. Here prince Morrogh, Brien's eldeit
making the firft eflay of his military genius^ giving the firft proof of that martial fpirit^ ;:h fo fignally charadterized the reft of his life^ ng with his father's confent encountered »lmuadh hand to hand in the heat of the ac* p facrificed him to the injured manes of his c Mahon ; which gallant adtion was followed I general flaughter and rout of the enemies I Irifti and Danes, of whom the far greater
were either killed on the fpot, or made pri- :rsof war. Thefe two anions with which n began his reign as king of Munfter, are rred to the years 977 and 978, by the annals nnisfallen, as well as by thofe^of Tighernach theChronicon Scotorum. In the former of 'e two years, he gave battle to the Danes of lerick in an ifland of the river Shannon, called if-catha, where he flew 800 Danes together 1 their commander the Ton of Harold and his ^ fons. He afterwards vifited all the other ids on that river, which were poflefTed by thofe agners, and killed or made prifoners fuch of m as had been obftinate enough to oppofe his K>rious arms, after which he returned home to palace of Ceanncora confiderably enriched h their fpoils.
n the year 979, Daniel 6 Felan king of the ies, encouraged and aflfifted by the Danes of uerford, rebelled againft Bricn, and was ra(h ugh to rifque a battle againft him near the
town
5z^ THE LAW OF TANISTRT
town of Waterfordy where Daniel loft his life, and his troops were cut down together with the flower of the Danifh army ; thofe who furvived the battle fled to the town for flielter^ whithor they were purfue^ by the vidtor, and put to the fword. After this a6tion, he received homage and h(rflt- g^ from all the petty princes of Munfler^ both Irilhand Danes, In 981, he invaded the king- dom of Leinfter with a powerful army by land, and fent thither at the fame time a confidenble body of troops by Tea from the ports of Ive-Each* ach^ Corcalnighe and Waterford, by which di- verfion he obliged the princes and ftates of Lein* fier to pay a yearly tribute and deliver him bofli- ges : and the two principal kings of the province came to his camp^ and paid him homage.
In 982, Malathy Idng of Teamhair or Tan invaded Thomond, and by way of bravado and indignity cut down the famous tree of Magb-Ad. hair^ under whofe boughs the kings of Nortb- Munfter were inaugurated. A. D. 983, the fiiid Malachy aflifted by the Danes of Dublin^ under the command of their king Gluniaran who wts hii half brother^ invaded the province of MunfteTi and committed great flaughter upon the inhabi- tants of the Defies near Waterford. They af« terwards fpoiled all Leinfter, and defeated Dbnil Claon king of that province with great bfs of hit men. In the fame year, Brien to take revengs of thofe repeated infuhs, marched without delt/ againft Malachy and his Danifli auxiliaries, whoa 1^ he met at a place called Port-da- Cbaombqg; 1^ where the kingof Tara^ not chuiing to rlTqnei T^
baoki V^
XLLUSTR AT ED. 517
le^ delivered up to Brien all the hoftag^ he taken in Leath-Mogh, and folemnly bound (elf in a formal treaty, never to moleft him the future in the pofleflion and fovereignty hat kingdom, which condfted of both the rinces of Muniler and Leinfler, together with city of Dublin and the Danifli territories in tnvirons.
1 988, the people of Connaught, aififted by eof Meath in open violation of their king'a .ty with Brien, invaded the weft of Munfter,
killed Dunloing Ton of Dubdabhoirean an jenian prince in a pitched battle, wherein the atians had likewife fufTered a confiderable efpecially by the death of Muirgios fon of lor, who was Righdatnhna or heir apparent he throne of Connaught. Brien, to revenge infult, marched at the head of a powerful ar- , and failed up the Shannon and to Lough- th and then divided his forces into two corps ; one he detached to the weftern parts of Con- ght which they fpoiled and laid walle, and w Muireadhach fon of Connor the principal g of the province, with other princes of dilVmc- 1. The fecond corps was comnianded by en in perfon, who fpoiled the weftem parts of uith, Uifneach, Breifne, and on both fides of
Shannon, and then returned home with the dis.
[n P90| Malachy invaded M ufgrytire in Mun- r, where he committed great ravages, and .^d Donal fon of Lorcan petty king of that intry, at ai place called Fordroma. ^ In y^j^ en to take full revenge of him, fpoiled his
country
sal THE LAW OF TANISTRY
country as far as the lake Naindiu, and bron^t Ir home great fpoils and many pnfoners. iLD. 1^ 994, Malachy invaded Munfter, and burntdtk y place called Aonach-Teide, and carried an; 1^ confiderable fpoils. In 95)5, Brien in tetntn fr 1^ vaded Meath and burned the famous Regiillniifc F called Teacb- NaohDroma-Raiibet after having f r ven Malachy a fignal overthrow in a pitcbodii- r tie. After this a peace was concluded betwea | them^ according to the tenour of whidi, boA princes were tied down in the mod folemn tDtn- ner to commit no more a£ls of hofiilities oil cad others territories for the future : but on the con- trary, Malachy promifed to aflift Brien vilbla troops in fupprefling the rebels of LeatlhiDo^ and Brien offered the like good offices to Malidij in reducing the malecontents of his kingdom.
A. D. 998 , Malachy and Brien marched vii united forces againft the Danes of Dublin, wbom they obliged to pay tribute and deliver boftagcS to Brien. Soon after this event, they manW againft the people of Connaught, and obliged the princes and ftatesofthat province to paytributs and deliver hoftagcs to Malachy ; in the fame year, the Danes of Dublin rebelled againft Brien, upon which he and Malachy marched againf: ■ them, and gave them a total defeat in the vaEcy called GIcann-Mama, where Hartalachus fonoi Sitricus, Harold fon of Aulavius and Cuilcnus fon of Eftigcn, with fevcral other Danes of dil- tinftlon were flain, vid. Tighernach's annals A. D. 999. Sitricus fon of Aulavius with ikc Danes of Dublin ravaged a great part of Lcinf-
Iff,
tLLUSTRAtED. P9
dcularly Kildare, and carried away pri(bhier I fon of Donald Claon^ king of Leinfter to ' of Dublin. As foon as Brien heard of •flilities^ he marched with a fele£k body of •ps to DuUih^ defivered his li^;e-man the Leinfter from his confinement, bani(h<ed
ii(h king Sitricus beyond Teas, burned a irt of the town, and brought away a con* e quantity of gold and filver, and a great
manufa^res and Other valuable cSk&s^ i annals. '. The author of Caittbrenfis everfus, at-
the whole honour of this aftion to Ma- vith an uttdr etclufion of Briieb, although als ot Tighemach etprefsly mention Brieu ^ engaged in the affair, without attributing ire of it to Malichy. What makes that the more inezcufable in this piece of impofi* that he quotes the atinals of TighernachV latot* for the now-mentioned fadi, who to : it by the by e^ did not begin his continuation
^id annals until tht year 1088, when nach ended hi3 annals and died. The x>n Scotortim indeed makes this fa(£t im- :ly fubfequent to the defeat of the Danes n- Mama, which that chronicle makes to
in ^9, and (hates the glory of it equally n Malachy and Brien, though Tighemach them two different adtions, referred to two It years, and ailigns no part of the latter to Malachy ; notwithftanding the great ment he always pays him without miffing \ occafion. I have further reafons to think,
Mm that
S30 THE LAW OF TANISTRT
that Brien alone was the author of this piece of ferviceto his country, becaufe the annab of lonif- fallen at the fame year 999, make exprefs meo- tion of Malachy's committing vaft depredatioiis in the province of Leinfter, and killing many of the inhabitants. By this means Malachy. broke through the articles of peace concluded betweco him and Brien, and confequently could not be rationally fuppofed to have interefted himfclf an; longer in his favour in the fuppreffing of tk Danilh rebels of Dublin. The faid annaliof Innisfallen mentiori, that Brien went a fecond tjoe to that city^ and received homage and hoftages from the Eafter lings there in the fame year.
In the year 1000, Brien was earneftly folidtd by the princes and ftates of Con naught todethrooe Malachy for his violation of the folemii Ueity in invading Leinfter without a juft cade, as wdl as for other particular and national grievaaces, for which purpofe they offered him their owq concurrence and the fovcreignty of their wbol* province. In the fame year Brien at the head of a confiderable army compofed of Momonians, Conatians, Lagcnians, the people of Oflbry and the Danes of Dublin, marched to Tara the regal manfion-houfe of Malachy, in order to demand fatisfadtion for the late depredations of that king upon Brien's kingdom of Leinfter; but bearing he retired with his troops to the place called Magh-Breagh, Brien detached a fquadroo of his Daniih cavalry to that place, where they were attacked and defeated by Malachy at the cxpence of much blood ; Brien had no fooner
come
I *'
i L t U S r R A t E D. 531
come up to thtf place of aftion, than Malachy laid down his arms, and made the moil folemn pro- niifes of paying him tribute and homage as monarch of Ireland, in cafe he fhould not at a certain time be able to try titles with him at the point of the fword. And for this end an entire* year was gcncroufly granted him by Brien to colleft his auxiliaries, and maintain hiitifelf if he could it! the independent fovereignty of Tara..
In I GO I, Brien at the head of the forces oF M under, Connaught, Leinfter, and the Danes or Dublin, marched to Tara, where Malachy paid* him homage, delivered him hoftages and acknow- ledged him the fovereign king of all Ireland ; To that Brien in this year commenced his reign as monarch of Ireland. A. D. 1002, he marched into Connaught, and received hoftages from the fcveral princes and dynalls of that j>rovince. After which he marched into Meath, and received frefli hoftages and tribute from Malachy, as well as from all the petty princes of Meath. Thcn\ uniting the forces of Meath under the command of Malachy to the main body of his army, he pafled the Eafruadh, and brought away hoftages. from the princes and dynafts of Tirconnel, and Tirone, and from thofe of Ulidia. And Aidus fon of Dons^l O Ncill king of Aighie, and Eocha fon of Artgal king of .Ulidia came to his camp, and paid him homage.
In 1004, hemarclied into Meath, and rccciveidr homage from all the petty princes of that king- dom, thence he went to Ardmagh, where hc'fc-^ mained an entire week perfor^ng afts'^of devo-
M m 2 tion.
53% THE LAW OF TANISTRY
tion, and offered a gold collar of twenty omwa weight by way of alms or pious offexii^ on the great altar of Ai4magh. After this he maiclKd to the regal honfe of the kings of Dalnanndhei now the county of Antrim, which was diftingoiih- ed by the name of SatA - Ator - ABi^be'laft where the king of Dai^naruidhe paid him homigB. A. D. 1006) be forcibly brought away hofiigei and tribute from FlaithbhiorUch O NetlL Afo tfaefe actions, Brien.and his entire mcmardiyof Ireland, enjoyed the bleffing of profound pace fbr fome years, wUch time he employed in ca- ading whokfome laws, and eftablilhing a pcoper police througliout the whole kingdom.
In loiOi he fent his eldeft fon Morrogb with t- fele& body of troops into Ulfter, to put a ftop to the rebellion of Fkithbhiortadi O Neill, whom Morrogh foon reduced, and brought away prifoocr to the palace of Ceanncora. A. D. 101 1, he marched into Tirconnel to the plain called Mfh adbair-an-cborainnj where he made Maolruaoa O Maoldora king of that principality a prifoncrof war, and brought him away to Ceanncora. Soon after, he marched to the plain called Magb-Mmr- tbimbfUj now in the county of Down, and there received hoftages from the feveral kings and dynaftfl of Oirgialla, Ulfter, and Ulidia, And in the fame year, made feveral pious foundations for churches throughout all Ireland, and annexed competent portions of lands for the fubfiftena of the refpedtive clergy, who were to occupy thcro. And in the end of faid year, dethroned and exiled two of the rebellious kings of Ulfter, and cfta-
biifhed
ILLUSTRATED. {33
Uifhed two others with full authority in tbrir irfacc
In 10139 Maolmordha king of Leinftdr at thb head of die troops of bis province, and Sttrictts king of the Danes of Dublin, made terrible in- sotds into Mel^th, plundered and burned the country all before them, and penetrated as far as Tarmon-feithin and Magh-Breagh. Malachy to levenge this affront plundered and burned the ^srincipality of Fingal as far as Bineadair or tte hill of Hoath, where he was met by Sitrtcus king of the Danes, and Maolmordha king of Leinftert who gave him battle, and defeated his army with tba lols df two hundred of his befi troops ; his eldeft Ion Flann and his general Lorcan, fon of EichianUi king of Cineal-meachair and many others of tfag nobility of Meath were found among the llain iti this a£kion. The king of Tara hard prefled by thefe confiderable lofles, and fearing that mudi greater ones would probably follow, repaired without deky to Brien's court at Ceanncora, and complained to him in the mod pathetic manner of Ae unjuft depredations committed by the Danes «nd Lagenians in Meath without the lead provo- cation from him, requeuing at the fame time, that he would be generous enough to chaftife them for their infolence in firft fpoiling his territories, and difturbing the public tranquillity of the nation,
Brien was prevailed on by thefe reafons to fly to his affiftance ; in his march he fpoilcd the entire country of Oflbry ; he then fcnt his fon Morrogh with a felcft corps into the heart of Leinfter, which'he laid wafte by fire and fword as far as
Glendahugb^
534
THE LAW OF TANISTRY
;Gknaahi^bi and Tarmon-Caimin in the northern parts of tlat province, and brought away a great
j^xc^'XotKilmaitibam^ where his father bad ordered
,heihou|d meet him. At this place Bricn pitched his camp, and continued in the plain of Dublia fron^ the month of Auguft until Chriftroas,
.malnng conftant excurfions in the mean time upon
Jhe Danes and I. ag^jiians, and reducing them to
Jhe loweft extremities. While Bricn was thus employed in chaftifmg the infolent Danes and
.Lageniaiis for their violent a£ts of hoftiiities againft-.his liege- man the king of Tara, thcfe took the opportunity to fend a numerous and wcU-
jpianned navy to the fquth of Ireland, where tbcy did great damages, and plundered ai^d burned the
.city of Corke ; but before they ^o\\V\ re-embark, C^thal Ton of Donal fon of Dubhdabhoirean killed Aulavius fon of the Danidi king of Dublin, and Maghnus fon of Dubhgall fon of Aulavius aa officerof diftinction with fcveral others.
Soon after Brien came back tp his palace of
•Ceanncora, enriched with the fpoils of the Danes and the people of Leinfter ; during the time of the above blockade of Dublin by Bricn, and after
his departure, the Danes of that city and the Eafterlings difperfed throughout all Ireland, loft no tirpe to fend for auxiliaries to Denmark, Nor- way, and to all the wefltrn iflands of Scotland, and other parts of the world where that piratic people had obtained the lead eftahiiOiment, in order to be fully revenged of their formidable enemy, and by that rneans to ufurp the fovcrpgnty of the whole nation,' The king gf Leinfter
was
ILLUSTRATED. 535
was as aftive on his part to unite the forces of the different princes and dates of that province^ and even ufed all the artifice in his power to feduce other neighbouring princes into the fame rebel- lion.
In 10 1 4, Brien hearing of the immenfe prepara- tions of the Danes and Lagenians, and of the lending of very confiderabie Danifh auxiliaries from Denmark, Norway, Sweden, the Orkney iflands, the iflands of Shetland, the Hebrides, the Me of Man, the ifland of Lewis, the iflc of Sky, Cantire and Cathnefs, both at and near the city of Dublin ; marched at the head of his Mbnib- nian forces, joined by the troops of Meath and Connaught under the command of their refpcdtivc kings, Malachy and Teige fon of Cathal, fon of Connor, and encamped, as he had done the yeaf before, at Kilmainham within full view of his enemies. Soon after the encampment of his army, he detached into Leinftcr a Yeledt body of troops confifting of thie flower of his Dal-Caffians and the third* part of the Eugcnians. under the, command of his fon Donogh ijnperq|eivcd by tbq^ enemies, charging them to return in two days, tinae, after they had annoyed the Lagenians, and. dcflroyed ihiir country. This expedition, whiclv was dcfigned for caufing a diverfidni' had beco, approved of by Malachy and all the other princes! of Brien*s council; but in the mean time the treacherous and ungrateful king of Tara loft no, time to fend a truftyemiflary to the Danilh caqip to inform- thofe foreigners of what had happened^ entreating them in the moft prefling manner to
attack
THE lAV^ ^? TANISTRT
attack Brici^ the following day , and aa an additi- onal encouragement to them, he promtfed to de- fcrt from the moiiarch in tb? beginning of the ^£tion.
Thefe advantageous offers of the king of Tart were foon accep.ted of by \hc Danes and Mgeoi- fins, infomuch that they fpent the night in pit- paring for a general aftion^ and prefcntcd diem- felvca at the ftrft appearance of day-Jight before Brien's army on the plain of Clontaff, with co* lours difpUyed 2pfi, mrmed inta three feparaie corps or diyifions. The firft was compofed of the Danes of Dublin, under the Qommaod of their kin^ Sitricus, affifted by the auxiliaries fent froi;n Sweden, Norway, and Denmark, who were cpmnoanded by their generals Gurrol and Anmd, the two Tons of Euricus king of Norway, Doktui and Conmaolus, two famous ofi^r^, and Brodar general of the troops of Denmark^ and what was remarkable inthofedays, one.thoufand of thefe auxiliaries had their bodies covered with ennie coats of brafs. The fecond divifion confifled of the infular Daniih auxiliaries under the command of Sitricus fon of Lodar earl of the Orkney iflands, who was an officer of difiinguifiied exp^ rience and merit.; and the tail confifted of ike forces of Leinfter under th^ command of Mad- mordha Mac Murchada, principal king of that province, Baodan fon of Duluing petty king of the weftern parts of Ldnfter, Mac Tuathil king of LiSe, Mac Brogarvan king of Ive-Failge, and a thoufand Danifli troops to fupport tbeoji in the
Brieo
\
II.LUSTIIATSD. j«*
4.
Brien had no fooner reconnottered the order Ms enemy ^s battles, than he divided his own wps into three feparate columns* The firft waa mpofed of the tribe of Dal*Cas, under the fticular command of Brien in perfon, and of \ fon Morrogh. His four other fons, by name onor^ Flann, Teige, and Donnal, had alfo a Qcipal (hare in the command of this corps, le other officers of diftinftion were Conuingfoa Donnchuann fon of Kinnedy i as alfo Lonar* 3, Ceiliochar, Fingalach, and Jonnrachtach^ fide the Dal-Caflians, Malachy king of TarA th the forces of Meath, formed a part of tbia nfioq, and was to fupply inftead of Donogfi Brien and his party ; and the whole corps wa9 attadc the firft divilion of the enemies. The fecond divifion of Brien^s forces confifted the Conatians under the command of Teige^ 1 of Cathal, fon of Connor, principal king of >nnaught, Maolruana fon of Heidhqe king of achrach-Aidhne, Kelly king of Ive-MainCt ahcrty king of the weft of Connaught, and ronor fon of Maolruana king of Magh-Luirg. «d thefe troops were fupportcd by a ftrong dy of Munfter-men under the command of brtagh fon of Core king of Mufgry-Cuire, kH) fon of Lochlin king of Conuagh, Donogh I of Cathal king of Mufgry-Aodha, Donal fon Dermod king of Corcabhaifgin, and Eichiaran » of Donagan king of Ara. This whole corps 8 to engage the fecond divifion of the enemies, liUling of the infular Danilh auxiliaries.
The
53t THE LAW OF TANISTRT
The lift diviiioo of the king of Ireland's anny was compofed of the Eugenians and Defians under the command of Cian fon of Maolrauadh Mac Brain^ and Donal fon of Dubhdabhoirean the two chief kings of Ive-Eachach ; the other officers of note who fought under them were Mothla fon of Feian king of the Defies, Mortogh fon of Anamchadha kingof Ive-Liathain, Scanlan fon of Cathal king of Loch-Leane, Loingfioch fon of DulcNng king of G>nnalgabhra, Cathal fon of Do- novan king of Carbre-Aodhbha, Mac Beathadi king of Kerry-Luachra, Geibhionach fon of Dubh« gan king of Fermoy, Carrol kingof Eile, withfoaie others. This entire corps was fupported by acoa& derable reinforcement of Ultonian troops under the command of Carrol, principal king of Oirgi- all, and Mac Guibhir king of Fearmanach, «te were to fupply the place of the abfent Eugeniaru; and they were Jointly to attack the third divifion of the enemies army confiding of the forces d Leinfter.
While Brien was employed in ranging his army in order of battle, he reprefented to his troops the indifpenfable neceifity of diilinguifhing theoi- felves in that aflion againll a foreign enemy win had been for fome nges pad the perpetual op- preflbrs and murderers of their kings, dynafis and clergy, without (hewing the leaft mercy to fex, character, or age, had fo often fpoiled and burned or pillaged their churches, and trampled under foot the moft facred reliques of their faiatii And, " I am convinced,** fays he, ** that your ^^ valour and condudt will this day put an end to
"all
ILLUSTRATED.': 53t
ill the fufferings of your dear country, by a total defeat of thofe facrilegious and mercilefii ryrants. And what proves providential in our Favour is, that we (hall take fiiii revenge df them for their conftant adts of treachery, and 'or the prophanation of fo many churchea this Friday in Holy week, on which Jastia Citrist lad fuSered an ignominious- death for our re- iemption, who will undoubtedly be pcefeat vith us as a juft avenger of his. holy religion and laws." Saying thefe laft words, he (hewed m the crucifix, which he held in hfs left hand, 1 bis fword in his right, intimating thctreby that was willing to facrifice his own life in thd srtion of fo juft, fo honourable acaufe. After thefe words, he ordered- the different *ps of his army to fall upon the enemies with ord in hand, when to his great furprife, Ma- hy and the forces of Meath, deferted their poll d retired with precipitation from the' field df ttle: This a£t of treachery j^nd ingratitude in coniiderable an afly as MaUchy at the firft fet- g out of the a£tion, amthated the Danes of ) firft divifion to fuch a degree, that the firft acks of their cuiralliers were almoft -infupport- e ; yet Brien and his corps, far from being inted, maintained their ground with great nnefs and intrepidity, redoubling their cou- ,c upon feeing their tribe of Dal-Cas all ialbne^' I without the mixture of any other troops to' re in the glory of their exploits : now it was, t a general and obftinate fight b^an between : different corps of both armies, which lafted
from
H^
THE LAW or TANISTRT
from foon after the rifing of the fud till late m the evening, at the expence of much blood op both fides. The Danes and Lagenians, after the lo(s of moft of their commanders and troops, gt?e ground and fled for ffaeltsr to Dublin and to thdr fliips, but were fo clofely pnrfued by the vidon, that ^ery few of them arrived at rheir places of refuge. The Irifh in this deroute of the Danes had the woeful misfortune to lofe their famous monarch Brien, who, after having (hewn prodigies of valour as well as of military ikill in the ge> ntral Command of his army during the wbok action, purfued the enemies at die head of hii corps, where he was flain by Brodar, geneitlof the auxiliaries from Denmark, by a ftroke of t battl6-ax ; but Brien at the fame time gave \m i thruft of bis fword, of which that Dane immedi* ately expired. ^ Brien*8 eldclt fon Morrogh, at the age of 63 yearn, did wonders in this action, and Oew fevt- rai Danifli officers of diftindion, among whom were Carrol and Anrud, the two fons of the king of Norway, as alfo Conmaol another famous com- ifiander. He in like manner flew Sitricus fan of Lodar or Lotharius earl of the Orkney iflandi, and chief commander of the infular Danes, by dividing him into two equal parts through btt coat of brafs from his head to his rump with a fmgleblow of his military a^. For when his ft- ther had obferved that Daniffa commander mab a great carnage of the Eugenians in the hescof the battle, he commaixled his fon Morrogh to haften and go to meet Mm, charging him to check
proceedings if polfiblc. Morrogh foon obeyed I order, and difpatcbed the Dane in the now bribed manner ^^ and then returned without %y to his father's corps, at the head of which perfornied great exploits, and continued to ft the enemies with fuch irrefiftible fury and aigtb, that'liis right hand was entirely mang*
from the repetition of his blows. After this ibility of his hand, the Norwegian prince An- . abovementioned, made towards him with ird in hand ; Murrogh endeavoured to parry
pafles, and then taking fail hold of him with
left hand, he lifted him above ground, and »ok him quite out of his coat of brafs ; then iterating him he leaned upon his fword with
breaft and pierced it through Anrud^s body; le Norwegian in the mean time, drew Mor- ;h*8 knife or fcimetar from his belt, and gave -n a mortal wound, of which he foon expired^ :er having made his confeffion and received the ly coromumon of the body of Chrift. Such IS the point of honour and way of fighting be- aten the princes and chief commanders of all igaged armies in thofe days, as well as in the !tt>ic ages of the Romans and Greeks, witnefs e perfonal engagement of £neas and Turnus ;
they
^ Ona tantam manu & non ambabus fecuri percntiont lice defaper manubrium in longum extenfb tdumqoe n^ xXCt a quo nee galea caput in conum ereda. nee rein im corpus ferrea loricae tricatura tnetur. Unde et in bis condgit temporibus, totatn mii)tis cozam ferro at- Iqoe fideliter Yeftitam, uno fecuris idu practfiun {uifie, tm equi parte coxa cum tibia, ex altert vero, tdrpore Icnte moribundo. Sic Giraldus Cambreaiis, Topo- ^h. HibemiSy diftindt 3. cap. 10.
149 THE LAW OF TANISTRT
they generally encountered each other of both fides hand to hand during the heat of the adioo. An ill judged praftice, unlefs it was their efia- bliflied difcipline and maxim at the fame time to have appointed lieutenants, who (hould fupply their place in the general command and diredtioc of the a£lion during thofe perfonal engagemcuto with each other.
Befides the Daniih commanders flain by Mor rogh, there alfo fell in the firft divifion of the enemies, Dolatus an officer of note, Dubhgall fon of Aulavius, and Giolla Curain fon of Gluniaran, two of the principal Danes of Dublin, together with the greateft part of their troops. The £u- genians made a great carnage upon the auxiliaries of the iflands, and flew almoft all their oflicersand men. Maplmurdha principal king of Ldnfter, Mac Tuathal fon of Gaire, aLagenian prioceof great valour, Mac Brogarbhan king of Iv^ Failge, and moil of the nobility of Leinfter lay Aretched on the plain. And the attentioo to {laughter alone was fo great, that the viAon, purfuant to the orders of Brien, did not lofe time in making prifoners of war, but put all eoenuei to the fword without dillindtion. This accouol of the battle of Clontarf, which is inferted in mj copy of the annals of Innisfailen, makes the num- ber of the flain on the part of the Danes and U. genians to amount to 13,800 men, that is tofaj 4000 of the Danes of Dublin and Ireland, 670a of the auxiliary Danes, and 3100 of the forces of Leinfter. The Chronicon Scotorunn, whld gives but a very ftiort flcetch of this battle, ffiS
gire
ILLUSTRATED. 543
:s us a very good idea of the obftinacy with ch it was fought, by faying, " that the like ttttle, or any equal to it^ had not been fought 11 Ireland for many ages." But the account t chronicle gives of the number of Danes flain bis battle, falls (hort of the above computation, ^ pofitively mentions, " that there were in all mt 4000 Danes killed, among whom were looo Hrafs- coated combatants, and is quite filent «>ncerning the lofs of the Lagenians.*' * Ac- £ng to the account inferted in the Innis- en annals there were 4000 of Brien's forces ed during the engagement, and many wound- ^ but the Chronicon Scotorum gives no further ount of it than that the lofs of Brien was very ifiderable.
Befides our renowned monarch Brien Boromh, 3 his illuftrious fon Morrogh, with his fon arlogh a youth of fifteen years, there were fe- ral other Iri(h commanders of diftindtion killed the enemies, of whom the moil remarkable 7e Conning fon of Donnchuan, Brien's bro- w's fon, Mothla fon of Donal, fon of Felan ig of Defies, Eocha fon of Dunuidhe, Nial k of Cuinn, and Cudula fon of Cinidhe, who re all three Brien*s moft intimate favourites i his aids de camp in the battle, Teige fon of lly king of Ive-Maine, Maolruana fon of idhin king of Aidhne, Geibhionach fon of bhgan king of Farmoy-Feine, Mac Beothach of Muireadhach Claon king of Kerry-Lua- a, Donal fon of Dcrmod king of Corcabhaf-
THr LAW OF TAHISTRt
^B^ Scminlbc erf* Cadttl kii^ of Lough- Leane
Jiami ka\ ti Eiwisn^ km ofCaioc, with maoj titer priocB and heads of triba, who are too todiotf Id tc caacTffiatwi,
Aficr iht viStmj had been tfans glorioufly ob- laioed fay the Momoman and Gbnauan forces, Te^ fen of ftien and Gan foa of Maolmuadh ctm^ftytd iiids of the voonded as were not judged iocnrdile to the cunp at Kdlmaiaham^ and tp- l^lied medicaments and ronedies to their wounds. Aa foon as the monks of Sord had heard of Bnen*s death* they came diiedly to the camp, and took the bodies of Brien and his Ton to Soid and afterwards bore them to the reiigions houlc of St. Kiaran at Duletk^ and thofe conveyed them to Louth^ to which place Maolmuire^ or Maiianus fon of Eochadh, archbilbop of Armagh accompanied by Us clergy, came for the bodies, and conveyed them in great folemnity to the cathedral church, where they offered mafles for the repofe of their fouls, and continoed their fa* crifices, prayers, and watchings over the bodies for twelve days and nights without intermiifioo. After which the body of Brien was folemnly in- terred in a monument of hewn marble at the north fide of the cathedral church, and the bodies of Morrogh and his fon Turlogh, and of Coou" ing Ton of Donnchuan, were interred in anotiitf tomb at the fouth fide of the fame church.
Brien Borumh, whofe hiflory f have brieflj related out of the annals of Tigbernach, thofe of Innisfallen, and the Chronicon Scotorum, hid three wives according to the Leabhar Irfe of the
MulconncQs
ILLUSTRATED. 545
Mulconnerys. The names of thcfc three wives were, i. Mor, the daughter of Heidhin fon of Cleireach, fon of Eadalach, fon of Cumufgach king of Ive-fiachrach-aidhne in Connaught, and anceftor of the O'Hcynes, by whom he had three fons, viz. Morrogh who had a fon called Turlogh, killed along with his father at the battle of Clon- tarf ; 2. Connor ; 3. Flann, who were alfo flain in the fame battle. Thefe three fons according to ali our hiftorical and genealogical accounts left iio pofterity.
Bricn^s fecond wife according to the Mulcon- nerys, was Eachraid the daughter of Carolus fon of Oillil Fionn, king of Ive-Naedha-Odhbha a principality in Meath, by whom he had two fonsy viz. I. Tcige, who was coregnant with his bro- ther Donogh in the throne of Leath-mogh from the death of their father to the year 1023, when he was murdered by the people of Eile at the infti- gationofhis faid brother; 2. Donal, a prince much celebrated for his valour, who diftinguifh- ed himfelf in the battle ofClontarf, and had broughtaway hoftagcs from Mac Maoil Na Mbo king of Lcinfter, and from the Danes of Dublin, A. D. 1048; he was flain in Thomond by the king of Connaught, whom he had greatly dif- trefled, in 1051, when his eldeft fon Dermod was bafely murdered by his own coufm german Morrogh furnamed of the Short Buckler, fon of Donogh, according to the annals of Tighernach at that year. Antiquaries are quite filent con- cerning the lands or eftates which the pofterity of this branch poffcfled in Ireland, nor do I find any further mention of them after the above Dermod.
N n The
54fi THE LAW OF TANISTRY
The third wife of Bnen according to the faid records, was Gormlaith the daughter of Morrc^ Mac Finn king of Leinller, by whom he had an only fon called Donogh, who was coregnant as I have faid with his brother Teige from the death of his father to the year 1023, in which he contrived •bis death, as abovementioned, and by thatmetos became fole independant fovereign of Leath-mogh and foon after principal king of all Ireland ; but he was after great lofTes and humiliations dethron- ed by his nephew Turlogh fon of Teige in 1064, according to the annals. The above Gormkich was alfo mother of Sitricus fan of Aulavius king of the Danes of Dublin, according to the annals ofTighernach and died A. D. 1030. The re- cords of the Mulconner}' 's add that (he was the mother of Connor fon of Malachy king of Tara. The books of the herald's office, and the Earl of Inchiquin's pedigree publifhed by the tranflatorof Keating's hiftory aflign no other v/ife to Bricn Borumh but this Gormlaith and make her to be the mother of Teige, which is quite falfc, accord- ing to the above cited authorities, which arc the beft we have on fuch a fubjeft as being more antient than either the office of our heralds or their
books.
The Chronicon Scotorum at the year 1009, inakes mention of Dubhchabla daughter of Ca- thal fon of Connor king of Connaught, as being wife to Brien Borumh and dying that year, from >vhich it may be inferred that he had four wives. The annals of Innisfallen mention that he had a daughter by name Sadhbh or Sabia, who was
married
ILLUSTRATED. J47
nnarried A. D. 979, to Cian Ton of Maolmtmdfa iWf ac Brian king of Ivt*Eachach, by whom he Isad a fon ca Ued Mahon, from whom defcendcd ^he O^Mahonys of Ive-Eichach. An old ^nony- manufcript which I have lately feen, mcn- that a daughter of Rrien Borumh monarch ^^^qC Ireland was married" to Malcolm the fecond^ ^iim of Kinneth king of Scotland.
TEIGE AND DONOGH.
In the evening of the day after the battle of Clontarf, Donogh Ton of Brien returned to the ^^mp of Killmainham with a great booty and ^poibs brought from the enemies country ; he fent Several rich offerings to the archbi(hop of Ard- iHagh and to his clergy for the repofe of his fa- ther's and brother's fouls. The Eugenian Xtodps employed in hib late expedition joined their re- Tpedtive kinfmen under the command of Ciati fon of Maolmuadh, and of Donal fon of DuUida- bhoirean, by which reinforcement they became much more numerous than the tribe of Dal-Cafs. Cian fon of Maoimua intending to avail himfelf of the fuperiority of his numbers over the two fons of Brien, was upon the point of having himfelf proclaimed king of Munfter, by virtue of his right of feniority in prejudice of Brian's faidfonsi until Donal fon of Dubhdabhoireann (ancefior of the 0*Donoghues) a very powerful Eugenian prince oppofed his ambitious views, and with'' drew the troops under his command from fup- porting Cian in his pretentions. After which
N n a Donogh
54« THE LAW OF TANISTRY
Donogh marched home throi^gh Oflbry, whcK be met with fome oppofitipn from the i>etty king of that country ; which is particularly remarked by our hiftorians, with circumftanpes which rcfleil (ingular honour on the martial tribe of Dal-Ca(i
Cian fon of ^aolmuadh had no fooner arrived and refreflied his troops in Ive-Eachach, than he ient a challenge to Donal fon of Dubhdabhoire- ann, defiring he would meet him on the plain called Magh-guile and give him fatisfadtion for having oppofed his intereft near Dublin. Donal met him at the time and place appointed and gave him battle, in which he flew Cian and his two brothers Cathal and Raghalach, with the rooft part of his adherents. Mahon the fon of Cian by Sadhb the daughter of Brien, would have (hared in the fate of his father, had not his un- cles Teige and Donogh O'Brien fpeedily come to his afliilance ; Donal however rifqued a battk againft them, in which he was totally defeated, hiseldeflfon Cathal flain, and was himfelf oblig- cd to deliver hoftages for his future obedience.
In the fame year 1014, Teige and Donogh O'Brien broke out into open afts of hoftilitics againft each other and fought a defperate battle, in which the viftory favoured Teige's party, and Roderic 0*Donagan prince of Ara with fevcral Other princes of dillinftion loft their lives ; yet they were foon after reconciled through the me- diation of the clergy of Munfter. While thefc two brothers, the natural protedors of their ne- phew Mahon fon of Cian, were thus fighting againft each other, Donal fon of Dubhdabhoirean
feized
+
i L L U 6 T k A T E D. 549
A that favourable opportunity to attack the Mahon, whom he killed in a pitched battle.
fatisiied with that fuccefs, in the beginning leyear 1015, he marched at the head of the enians to Limerick^ where his troops were ed and cut in pieces by Teige and Donogh rien, and the unfortunate Donal himfelf was among the flaih.
rom this time forward thefe two brothers lived irfedt harmony as coregnants in the throne of h-mogh until the year 10^3, when Donogh treacherous and inhuman enough to order nt hands to be laid oh his brother by the in- tants of Eile : of the circumllances of this a and horrid aft we have no further explica- or account.
eigc fourth fon of Brien fiorumh according e Leabhar Irfc of the Mulconnerys, married
the daughter of Giolla Brighidc 0*Maol- dh, or 0*Molloy king of Fearceal and Ci- Fiachrac in Leinftcr, now comprehending ;reateft part of the King's county, by whom ad an only fon, by name Turlogh. The s of the herald's office at Dublin, call Teige's the daughter of Maolmuadha king of Leinf- and Keatin^'s unfkilful tranflator calls her laughter of the king of Leinftcr in his pedi- of the Earl of Inchiquin, when he ought to called her the daughter of a king in Leinf- ' a Lagenian king, as he knew not how to ibe her in particular. The above Turlogh f Tcige, was exiled by Donogh after the ler of his father into the provinces of Con- naught
550 THELAWOFTANISTRY
naught and Lcinfter. Turlogh was not only fa- vourably received by the kings of boththefe pro. vinces, but alfo fo powerfully affiftcd with troops, that he obliged Donogh to abdicate the crowni A. D. 1064, and content himfelf with a private life.
DONOGH O^BRIEN.
Donogh by the death of his brother Teigp be- came fole king of Munfter, A. D. 1023, and exiled his nephew Turlogh into Connaught in the faid year. In 1026^ he obliged the princes and Hates of that province together with thoTe of Leinfter, Oflbry, and the Danes of Dublin, to pay him homage and deliver hoilages, by which fubmifTion of thefe different powers, he became fupreme king of almofl all Ireland ; he prefcrved his fovereignty overLeath-mogh and the province of Connaught in an abfolute manner, until the years 1053 ^^^ io54» when the Conatiansand Lagenians unanimoufly rebelled againfthim, and fent powerful bodies of troops under the command of bis nephew Turlogh to invade his territories of Munfter, by which means his power was greatly reduced. A. D. 1058, he was totally de- feated in a pitched battle that was fought againii him at the foot of the mountain called Sliabh-Grot by the united forces of Connaught and Leiniler under the command of Turlogh 0*Brien. In 1059, he was driven to the neceffity of making fubmiilions to, and difclaiming the homs^eofhis former vaifal theking of Connaught ^ and A. D.
i960,
i L L tj S T ft A T E D. S5»
1060, the king ofLeinfter forced him to the like terms. A. D. 1063, he received a total overthrow at the foot of Ardagh mountain in Eoganacht-Cafhel from his nephew Turlogh, who commanded ihe united troops of Connaught and Leinftcr. The confequence of this fatal defeat was that in 1064, Donogh waa forced to deliver up the crown of Munfter into the hand$ of his nc- ^ phew Turlogh O'Brien. After this abdication of the crown, he went to Rome to do penance for the murder of his brother Teigo, and took upon him a religious habit in the monafiery of St Stephen, where he died a penitential death.
Donogh the 6th fon pf Brien Borumh, of whofe hiilory and reign I have given a fuccinft and abridged account from the authority of the an- nals of Tighernach, thofe of Innisfallen and the Chronicon Scotorum, had twelve fons according to the Mulconnerys and the Mac Brodins, nino of whom died without iffue. The three who left pofterity were i . Lorcan, who had two fons, by name Connor and Kinnedy ; Connor became king of Tyrone, and was killed in a rebellion of his own fubjeds, A. D. 1078^ according to the an- nals of Innisfallen. Kinnedy his brother fuccced*- cd him in the fame year in that kingdom accord- ing to the faid annals, as well as thofe of Tigher*- nach and the Chronicon Scotorum, and was ikin in the memorable battle of Moincruin-ne-oige^in 1084.
2. Morrogh furnamed of the Short Buckler, king of Thomond^ who, A. D. 1065, being ex* afperated at the dethronement of his father, forced his way at the head of a feledt party into the pa- lace
552 THE LAW OF TANISTRT
lace of Ceanncora, where he committed a great flaughter upon the houlhold of Turlogh 0*Bricn- He was killed by the men of Teabhtha or Wcft- Meath, who had attacked and forcibly entered his camp, A. D. 1068. He was anceftor of the noble families of Cuonagh and Aharla.
3. Donal Bann, who was a famous warrior, and of whofe pofterity we have no f>articular infor- mation from our ani\als or other records.
Donogh had alfo a daughter by name Dearbh- orgal, married to Donogh furnamed Maolnambo, king of Leinfter, by whom flic had Dermod, otherwife called Mac Maolnambo, king of Leinf- ter ; who was one of the moft powerful princes of Ireland in his time, and (liled king of Ireland by Sir James Ware. This Dermod h^d educated Turlogh O^Brien at his own court, and affifted him with his forces, as I have already (hewn, to gain the fovereignty of Munfter by dethroning his uncle, though he was the faid Dermod *s grand- father. A remarkable example indeed of that extraordinary affeftion and attachment, whidi proceeded from the foftering or education of young princes among the Irifh ; an office which by the bye, was not at all difhonourable in thofe days, and did not denote dependancy or vaflfalage in thofe perfons who received fuch young princes under their particular care or tuition.
Morrogh furnamed of the Short Buckler, fc- cond fon of Donogh according to the Leabhar Irfc of the Mulconnerys, married Edina daughter of 0*Hara king of Luighne in Connaught, by whom he had a fon and a daughter. The fon
was
ILLUSTRATED. 553
was Bricn of Gleann-Mire, who was king of Thomond and flain in a battle which he fought at Gleann-Mire near Corke, againft Dermod O^Brien king of Munfter in 11 18, as it appears from the annals of Innisfallen. The daughter's name was Mor, who was married to the celebrated warrior Morrogh 0*Maolfeachlin king of Meath» by whom (he had, befides male iflue, the famous Dcarbhorgall wife of Tieraan 0*Ruark. The above Brien of Gleann-Mire according to the faid records, had four fons, viz. i. Connor, froixi whom were defcendcd the 0*Briens known by the name of Clann Bhriain Duinn Mic Conchubhair^ as alfo the O'Briens called Sliocht Teige Corrfiac* luig. 2. Donal Ramhair or Grofs, from whomi the O^Briens called Clann Donail Ramhair. 3* Kinnedy, who died according to our annals, A. D. 1 1 59, and was anceftor of the O^Briens of Dromy Chrionain near Drom-Nalga in Cuo- nagh. 4. Donogh, who according to Tigher- nach's continuator, was flain together with his eldeft fon Dermod by the forces of Defmond un* der the command of their prince Cormac Mac Carthy, whofurprifed then^ in the camp of Con- nor O'Brien na Catharach king of Munfter, A.
I>. 1 1 34-
The above Dermod fon of Donogh had three
fons, viz. I. Mahon, 2. Mortogh, who left a
numerous pofterity, 3. Bricn Dall. This Brien
Dall had two fons, viz. r. Kinnedy, who was
anceftor of the 0*Briens of Aharla, 2. Morrogh
furnamed of the Steeds, anceftor of the Mac y
Briens of Cuonagh. Morrogh of the SteedSf
had fiv^ fons, viz. 1. Thomas, 2. Donal Car-
rachy
J54 THE LAW aF TAtflSTtit
Utch, who left a numerous pofterity, 3. Brkn, iffho was anceftor of the moil remarkable brand} of the O^Briens defcended from Donogh fon of Brien Borumh, who diftinguifted themfelves un* dor the fpecific title of Mac y Brien 0*Cuanadi, fi> called from this Brien O'Brien, the grandfoo of Brien Dall O'Brien. In the fame manner, to obferve it by the bye, the 0*Briens of Ara were Galled Mac y Brien Ara from Brien O^Brien die grandfon of Brien Ruadh O'Brien, who was king of Thomond, and being expelled out of that principality fettled in Ara, A. D. 1519. 4.Der- mod. 5. Kinnedy, who had alfo a fon called Kinnedy O'Brien whofe daughter Fionnduala, or feirhaired, was married to Teige Caoluiige O'Brien fon of Connor na Siudaine king of Tho- mond. My often mentioned copy of the Leabbar trfe or genealogical records of the Mulconnerj"^ contains very ample accounts of the lineii defcents of the different branches of the Cuonag^ ' £ftmily ; for whofe honour and (atisfadtion I (hould be very glad they were publiflied to prevent any accident that may happen the faid copy, whidi begins already to fufFcr by its antiquity.
TURLOGH O'BRIEN.
Turlogh fon of Teige, fon of Brien Borumh, \yas proclaimed king of Muniler, A. D. 1064, i° which year his uncle Donogh had been dethroned. In 1072, he marched into the province of Letof- ter immediately after the death of Dermod Mac Maolnambo, and received hoftages from the
kings
I L L U Si T R A T E D. 555
kings of Oflbry and Ivc-Cinfiolach ; be then marched to Dublin, where he was magnificently entertained, and the Danes of that city gave him hoftages and the fQvei;eigaty of their ftate. A,. D, 1073, Connor O'Maolfeachlin king of Tara, as well as Godfridus king of the Danes of Dublin^ and Dona! Fitz-Patrick king of Offory paid him homage, put their hands between his hands, pro- ixiifing obedience, and delivering him hoftages and ihe fupreme fovereignty of their refpedtive king- doms and dates. In ^075, he alfo received hoftages from Roderie O'Connor king of Con- naught and from O'Ruark king of Breifne, but he was unfgccefsful in his expedition againft the Ulto- nians in the fame year j however upon his return from Ulfter with fome lofs, he was powerful enough to banifh Codfiidus king of the Danes of Dublin beyond f^s, and make his own fon Mor- togh king of that people in his ftead. A. D. 1076, he made Roderie O'Connor, who was revolting from his jurifdidtion, a prifoner of war, butfoon after granted him his liberty upon folemn pro- mifes of future obedience.
In 1079, he reinftated Donnfleibhe O'Heocba- dha king of Uladh or Ulidia In the throne of that kingdom, and defeated the malecontents who had dethroned him in a pitched battle •, in the fame year he fent a powerful navy into Wales under the command of his fon Dermod O'Brien, who fpoiled that country and brought away a con- fiderable booty. About the fame time Malachy O'Maolfeachlin king of Tara came to his palace
at Li^^icic, and obtained his pardon and protec- tion
556 THE LAW OF TANISTRT
DOC througlb the roediatioa of the archbi(bop of Ardxrag^ who came along with him, prefenmig him toTurb^. A.D. 1082, Donnfleibbe king of Ulkiia anecded by the nobles of his kingdom came to his court at Limerick paid him homage, and rcceiTed from Turlogh 1000 cows, 40 ounces of goM, I20 coloured cloaks, and other royal preients to denote his vaflalage and dependency. A. D. 1084, being on a regal tour in Leatb-Coinni be fent his two fons Tdge and Mortogh O'Brien to check the rebellion of O'Ruark, which ibcy fooc eficded by routing his forces and boraing bis ccantry . O'Ruark by way of reprifal invaded and fpoiled North- Munfter by fire and fword, bomcd Killaloe, Tnaim-Greine and Magh-Neo; after this reinforcing his troops, he burned and rat-^ed a great part of Fingal, and fought the bloody battle of Moincruinneoige againft Monogfa CBrim, in whidi O'Ruark together with the mcft of his forces were flain. In 1086, Turlogji 0*Bnen died at his palace of Ceanncora, being at the fame time indifputable king of Leath-mogh and principal king of all Ireland ; his corpfe was interred with great folemnity in the church of KiUaloe.
Tur!ogh 0*Brien, according to the Leabhar life of the Mulconnerys, married Sadhbh or Sabia ibc daughter of Tcige eideft fon of Carr- ttach, Cfi^cm whom the name Mac Carthy) king of Deirr.cnd, and anceflor of the Mac Aulifls, t^ when he had four fons, viz. 1. Teige who was king cf Thomond and died at Ceanncora foon aflci his father, A. D. 1086. This Tcige had
two
ILLUSTRATED,
two fons, viz. Mortogh of whom or his pofterity wc have no further mention, and Donal who, according to the annals of Innisfallen, was made Hing of Man and the Hebrides, A. D. 1 105, but ^as dethroned and expelled for his male-admi- niftration, A. D. 1 1 08 . By the power of Turlogh O'Connor king of Connaught, A. D. 11 15, he was fet up in the throne of Thomond, but in the end of the fame year he was put to death by the faid king. 2. Mortogh Mor, of whofc reign and family I (hall fpeak hereafter. 3. Dcrmod, who was king of Munfter, and (hall be alfo fpoken of in the due place. 4 Donogh who was killed in a (kirmi(h of a detached party from the camp of Magh-Coba in the county of Antrim, A. D. 1 103, according to the annals of Tighernach^s continuator, but our Leabhar Irfe calls him Donal.
Turlogh had a daughter by name M6r, who was wife of Roderic O'Connor and mother of Turlogh O'Connor kings of Connaught, (he died A. D. 1088. The books of the herald's office affign two wives to Turlogh O'Brien both different from the abovementioned wife given him by the Brodines and Mulconnerys ; the firft, they fay, was daughter to O'Heyne ; the fecond by name Dufraulia was daughter to Teige Fitz- Patrick, a prince of Ive-Cinfiolach in Lein- ftcr. Keating makes M6r, the daughter of O'Heyne his only wife and mother of Dermod. The annals of Tighernach mention the death of the daughter of O'Fogarty king of Eile, and wife of Turlogh O'Brien, A. D. 1077; and the
annals
557
jyg THE LAW OF TANISTRT
annals of Tigbernach*6 contiituMor, as we Chronicon Scotorum make mmticnicoi) the death of Dearborgall (who doubllefi Dufraulia of the herald's books) daug Teige Mac GioUa Patrick king of Offc mother of Mortc^h M6r O'Brien^ anc quently wife to his father Turlogh O'E that according to our different accounts have bad four \\ i^es.
MORTOGH MOR O'BR
Mortogh M6r O'Brien ^ foon after the his father, and immediately. after that of brother Teige, A. D. io86« wasprodaii of Munfter ; his firft care was to have ( brother Dermod intoConnaught; in loi feated the forces of Leinfter ; A. D. was put to flight in a battle fought Ardacha againft his brother Dermod anc O'Connor, in the end of the fame ) Dermod prevailed with Donal Mac L« Neil! king of Ulfter, to whom Rodeiic ( had paid homage, to join his troops to Connaught and invade Munfter. Dor confented and committed great hoftiliti province, burned the country all before moft demolifhed Limerick and Ceanm made 120 of Mortogh's houftiold prii war J among thefe was the fon of Mahc nedy, Congalach O'Hogan, and the fon 0*Lynch, who were all ranfomcd by M the expence of a large quantity of j
IL t U6TR A T£ IX <j^
vcr aad other v^loable efifedts. An. 1 089, Dei^ ad O'Brien failed with a Conatian fleet to the Oth of M under, plundered the town of Clpytale ed tode away the reliques of St. Fionn*bar out ; the church of Gill^ia-Gleireacih near Corkft, ■t before he could re-embark 500 of his party ierelcilled by the 0*Mahonys. M ortogh at the ■fee time made Eanna kir^^ Leintiera prifohdr ? war, and was afterwards eledted to the fove- %iity of Leinfter and Dublin by their refpedttve I||te8. After which he failed with a numerous DBt up the Shannon, where his boats were all
feL]nded and taken by O'Connor and O Madl- tin ; the troops of G>nnaught and Meath pnediately embarked on board this fleet, and ojke iMdron of them under the command of O ^nnor and Dermod O'Brien failed towards bomrotid and burned Killaloe and the dates of 3l.l-Cafs ; the fecond fquadron comtnanded by Adaolfeadilin fpoiled Owny and Ormond, and the forces returned on board the fame fle^ ften with fpoils to their feveral countries. In 1090, Mortogh marched into Meath, laid fcftc the country by fire and fword, defeated '^aolfeachlin in a pitched battle, in which he rvr many of his nobility and brought away an MQenfe booty. After this glorious expedition !? reduced the malccontents of Lcinfter. A. D. 9191, he fpoiled the weftern parts of Meath, wen invading Connaught, he fpoiled Nuadhbhea- aach upon the Shannon, and encamped at Lough- ime. A. D. 1092, he marched to Tara, wheie ki'Maolfeachlin paid him homi^e and delivered !^ hoilages.
THE LAW OF TANISTRT
RodoicCyCouiiorkiiigof Conniugbt djiag die fame yev, Moitog|i was procl^med l^Dg of Conmo^ and Dcmiod O^Brien was oued Lnto Ulftcr. After this^ be made Aodh taa of Cathal QConnor a priibner of war, and befeawcd the fwercigntyof Sioi-Muindh, wiach was OCoaiior*s oountry, npon Giolla na Naomh QHeTne. A. D. 1095, Dermod OBrien obtained pndoc for a!I Ins pafi offences from his brother Mortog^ through the medtanon of the ardibi- Ihopof Aidmagh and feveral others of the dergy asd Dofai&tj of Irebod, and fokmnly fwore bjr a!! the hdj refiqoes of Ireland, and by tbecio6er cf Sc Patrick, commonly called the fttffof Jefos, to (hew him all future obedience. Moitogh ohSecd faimfelf by a like voluntary oath, nevtrto take rcfnsge of his brother for Us paft ofiencei cither public or particular- A, D. 1094, Mortogk flew Dooal 0*Maoireachlin king of Tara, btmflied Godfirkha kLng cf the Danes from Dubbo, onde QtCaazsa Failge prifoner, and beflowed the Rwaeignty of Mcath upon Donogh 0*Nhol- ieachl^. After this he divided that prorince into two equal parts, one moiety of wUdibe gave Conner 0*MaoIieachlin and the other to DoDogh 0*Maolfeachlin wbofe conduft he began tt> difkke, and then received hcftages from them both.
In IC95 he encamped in the centre of Coo- zai^r from the lath of January to the latter end of March, and had a powerful fleet of boats at the iame time cruifing on Longh-Ree. By tbts he ful^eded to bis juriidiclion the cooa-
tixi
^
ILLUSTRATED. 5«z
\ of Conmaicne and all the tribes called Siol- iridh. After which Donogh O Maolfeachlin le to his palace of Limerick, paid him lage, and received twenty ounces of gold as uarafdal or wages to fignify his dependancy vaflfalage. Soon after he flew Cathal O Con- heir apparent to the crown of Connaught, and tral other Conatian nobles of the firft rank, in tched battle, and then marched againft O Fla- :y, whom he foon reduced, fpoiled his coun-
as well as that of O Hara called LuighnCt
returned with the fpoils into Munfter. Not y after that expedition he remained encampecl the plain of Ive-Fiachrach from the middle of
month of June to the end of September, ing which time he entirely reduced Conmaicne 1 Siol Muiridh and routed all the malecontents D the plains called Magh-Hy and Magh-Luirg. : then crofled the Shannon and encamped in,
territories of Breifne, where O Ruark paid I homage and delivered hoftages. In confl- ation of this fubmiflion, Mortogh gave him feodal fovereignty of all the ftatcs of Con- ight, excluding at the fame time from his ju- lidtion the territories of O Heyne and O Kelly, 3wn by the diftinftive names of Ive-Fiachrach-^ Ihne and Maine. At the end of the fame ir, O Ruark came to his palace at Limerick, 1 delivered up to him the hoftages of the no-^ ty of Conmaicne and Siol-Muiridh. In 1099 he marched to the plain called Magh^ jirtheimhAe, now in the county of Dpwn, where was met with by Donal Mac Loghlin O Ncill,
O o king
5(Ja THE LAW OF TANISTRT
kmg of Ulftcr, at the head of his Ultonians, but they were hindered from coming to an en- gagement by the feafonable interpofition and me- diation of the archbilhop of Ardmagh, and Mor- togh returned to his own country. A. D. nor, he made a pious and folemn grant and dedication of the town of Cafliel to God and to St. Patrick, to be poffeffcd for ever in virtue of his right by the archbiftiops of that fee. This adt was pa- fedled in prefencc of the clergy and nobility of al- moft all Ireland, whom he had convened thither for that purpofe. Not long after this dedication of the town of Cafhel and its environs, he in- vaded the province of Ulfter, and fpoiled Tyrone and Tyrconnel, and demolifhed the royal palace of Aighle, by way of reprifal for the dcmolifli- ment of the palace at Ceanncora and Culrathan, by O Neill and his Ultonians. In 1103, he marched his forces into the province of Ulfter as far as Magh-Choba, where prefuming too much on his ftrength and courage, he divided and weakened his army, not only ^ by detaching two different parties to fpoil and reduce the coun- try of Dalnaruidhe, now the county of Antrim, but alfo by licenfmg the Eugenians to return home to Munller, according to the Innisfallenfcs. In the abfence of his detachments, and while one of them was very roughly handled by the Dalna- radians in a brifk attack, wherein Donal O Brien Mortogh's youngeft brother loft his life, the king of Ulfter feized that favourable opportunity to attack with all his forces the main body of the Momonian army, which he prefled fo hard
as
ILLUSTRATED. 5^3
as to oblige Mortogh to make an honourable retreat^ and betake himfelf to a more advan- tageous poft where he might wait the jun£tion of his detached parties. A. D. i io6, Mortogh flew ttonogh O Maolfeachlin king of Meath who was forming parties againft him, and brought away hoftages from O Ruark.
In nil, he convened almofl: all the clergy and nobility of Ireland, at a place called Fiodh- Aongufa, or the Grove of Aongus, fituate in the plain called Magh-Breaifail according to the annals of Innisfallen, where a council was held under the diredion of the pope's legate Maolmuire, or Marianus O Dunain, archbi(hop of Cafliel, and of Ceallach or Celfus, fon of Aodh fon of Maol- iofa, archbifliop of Ardmagh. The number of clergy in this celebrated council, according to the Chronicon Scotorum, was fifty eight bifliops^ three hundred and feventeen priefts, one hun- dred and fixty deacons, and a vaft number of the inferior clergy. In the fame year, a par- ticular council was held by the clergy and nobility of Meath, at a place called Uifneach, at which prefided Giolla Criofd, or Chrillianu3 O Maoil- lean, abbot of Clonmacnoifs. In this council all the petty diocefes of that province were reduced to two, Clonmacnoifs and Clonirard, and their boundaries cut out, fo that the diocefe of Clon- macnoifs confifted of that part of Meath which was weftward of the place called Clochan an Dimrin, and that of Clonirard of all the reft of the province eaft ward of the fame place.
Keating could have had no other founda- tion than this particular tranfadtion of the clergy
O o a and
THE LAW OF TANI3TRY
and nobility of Meath, for his long and incon- fiftent ftory of the boundaries of the fewril diocefes of Ireland, which he fays were all fiitd and determined by a national council in ihisyeat, When a Chriftian country hath been once En- tirely divided into diocefes, as Ireland had btto for many centuries before this year, their liniiH coeval with their firll formation, are aftetwuili legally unalierable, as they are not fubject to pro- fcription by any iengtli of time. They are ntc naturally unalterable, if we foppofe an unititn- rupled fucceflion of bifhops and paftors in oA diocefe , becaufe the knowledge of them beii^ always handed down from generation to geom- tion, every fucceeding bifhop and his pafliB muft therefore be well inftrutled of the uimol extent of their jurifdidion, that is to fay, of its primitive limits of their diocefe. And hence w new modeling or altering the limits of dioctfc could have happened, but in fuch a cafe as tim above defcribcd, when feveral fmgle diocefes sii reduced to 3 lefTer number by the authority of> pope or council, or a part of too large a dioni! added to a fmalt one by a like authority. Ba the abfurdity of Keatlng's ftory is other»ii< Tcry palpable by the erroneous account if gives of thefe pretended new limits of dioafe tixed at the above council. Thofe he afli| the diocefe of Emly may alone fuffice to w- vince every reader that has the leaft knowledge oi its fituaiion, of the innumerable grofs errors tbJM writer muft have committed with regard to ttu limits of all the reft of the diocefes of the kingdom,
ILLUSTRATED. |^j
kingdom, fince he fo widely erred from the truth concerning tbofe of Emly^ a diocefe which boundt ed on that which he lived in. He makes it ex-» tend to the Black Water and to A van- Alia ; thq latter of which rivers is at lead twenty mile^ dillant from its real limits, and the former not icfy than ten. The limits he cuts out for the diocefq of Corke, Limerick, and Kerry, are likewUa grofsly erroneous and ill fixed.
In II 14, Mortogh was attacked with a violent indifpofition of health, whereupon the ftates qt Connaught, Leinfler, and Meath renounced their obedience to him, and under the command of Donal Mac Loghiin O Neill, fpoiled a great part of Thomond. After which, Dermod O Brieii had himfelf proclaimed king of Munfter. A D. 1 1 1 5, Dermod was taken by ftratagem and deli- vered up to his brother Mortogh by the Dane^ of Limerick. But Mortogh foon after granted him his pardon and liberty, and received him into his former favour and rank. A. D. 11 16, his indifpofition ftiil continuing, and being re? lolved to lead a devout and private life for the reft of his days, he refigned the government into the hands of his brother Dermod O Brien. A. D. 1 1 19, he died a penitential death at Lifmore, and Avas folemnly interred in the church of Killaloc. He was a prince of great valour and wife conduct,' and at the fame time one of the molt pious and clement of all the kings of the O Brien race.
Mortogh O Brien, furnamed the great, fecond fon of Turlogh O Brien, whofc reign I have now briefly related out of different annals, had
three
566 THE LAW OF TANISTRT
three fons according to the Leabhar Irfe, viz. I. Donal Gearrlamhach, or (hort-handed, who was king of the Danes of Dublin, and a very great warrior. A. D. 1 1 15, he gave battle to the united troops of all Leiniter, in which he flew Donogh Mac Murcha^ king of that province, O Connor king of Ive-Failge, and feveral other Lagenian nobles of diftindtion. In 1 1 18, he re- figned the fovereignty of Dublin ; after which be retired to lead a devout and private Itfe^ and died in an ecclefiallical fiate, A. D. 1135, according to the Chronicon Scotorum. 2* Mahon, who was anceftor of the Mac Mahons of Corcabbafgio in Thomond. 3. Kennedy Oghar^ of whom we have no further mention.
The above Donal Gearrlamhach had two Tons, viz. I. Connor, who was a prince of great power, and is inferted in the Reim Riogra of the Dal-Caffian princes as king of Thomond. He was made prifoncr by Turlogh O Brien, but he recovered his liberty by the concurring power of Turlogh O Connor, king of Connaught, and of Dermod Mac Murcha, king of Lcinftcr, A. D. 1155. Ncverthclcfs, he had his eyes put out by faid Turlogh O Brien, A. D. 11 58. 2. Luidhig O Brien, who was killed at the memorable battk of Moin-Mor, fought A. D. 11 51.
DERMOD O BRIEN.
Dermod O Brien, the third fon of Turlogh, immediately after the refignation of his brother Moitoghy was proclaimed king of all Munfter,
A.D.
ILLUSTRATED. 567
A. D. 1 1 1 6. I need not relate the hiftory of his life before this epoch, as it has been already fufficiently fet forth, and connected with the life and reign of his brother Mortogh. A. D. 1 1 17, he march- ed into Connaught at the head of the Momonian troops, fpoiled and burned the country of Ive- Fiachracb, and laid wafte the territory of Ivc- Briuin. A. D. iizo, he fiiiifhed his life after a reign of only four years duration, during which we have no further account of his particular ac- tions.
He married according to the Leabhar Irfe of the Mulconnerys, Mor the daughter of Roderic O Connor, king of Connaught, by whom he had fix Tons. The books of the herald's office at Dublin, and the earl of Inchiquin's pedigree publiflied by Keating's tranflator, affign him as wife Sadhbh, or Sabia, daughter of Teige Mac Carthy, and make her the mother of his Ton Turlogh O Brien. Whether this be true or not, it is natural to think the authors of the Leabhar Irfe were not milUken in giving him as wife the daughter of Roderic O Connor, as he was hif heft friend upon all occafions, according to our different annals above cited. He had fix Tons as abovementioned, according to the faid authors, viz. I . Connor na Catharach, furnamed Slaparfa- lach or Spattered Robe, king of Thomond, who fucceeded his father in the throne of Munfter, A. D. 1 1 20, and whofe reign and family are treated of in the next title. 2. Turlogh, who was king of Munfter after the death of his bro- ther Connor, A. D. 1142, and from whom are ^
defcended
568 THE LAW OF TANISTRY
defcended the O Briens of Thomond. 3. Teige Gle, who by the intered of O Connor of Con* nai^ht, beoune king of Thomond in prejudice of his elder brother Turlogh, A. D. iizz. As the military and ftate tranfa£tions of this prince arc feverally pointed out in the reigns of his. bro- thers Connor na Catharach and Turlogh^ I refer |he reader to the hidories of thofe princes.
In the mean time as tp what regards this Tdge in the genealogical way, I (hall obferve that he ii the anceftor of a noble family of the O Briens, ^ho were the antient pofTefibrs of the ifles of Arran near Galway, and of Tromraith with f^ veral other landed properties in the county! of Clare. And we find in John Magrath's lri(b Hiftory of the Revolutions of Thomond, called . Caithreim Thoirdhealbhaig, written by the author, A. D. 1 459, that Donal fon of Teige, furnamed Aluinn, or Comely, otherwife called Sean Teigc, was in a£lual pofleffion of the eftate of Tromraith and held his refidence at that place in the year 1277. The fame hiftory mentions, that faid Donal O Brien fent his two fons, by name Ma- hon and Donal Oge O Brien, to aflift Turlogh O Brien fon of Teige Dalouifge againft: the earl Thomas de Clare, who came that year to the aflfillance of Brien Ruadh, faid Turlogh*s uncle. The above Teige Aluin O Brien was the fixth diredt defcendant from this Teige Gle, or Neat, according to all the genealogies that I have feen of this family. The chief and direct repre- fentative of this noble branch of the O Briens defcended fromTeigeGle,was JohnOBrien, lately
living
IliIiUSTRATBD. $69
I at his own efbite of Moy vainine and Ctu- s in the county of Limerick ; who ba4 a »Ucd Thady O Bricn, an oflficcr of known va- in the queen of Hungary's fcrvice. I have . ty pofleflion an authentic copy of a public in* nent (igned by the mayor and bailiffs of the of Galway the 3Qth of Mardi 158S, (Joha :e being then mayor and Walter Martin and lony Ktrrivan bailiffs) and counterfigned by rander Dermot notary public ; whereby they :j to queen Elizabeth in favour of Morrogh : Turlogh O Brien then living, ** That the 4ac Teiges of Arran, his anceftors^ were qn* er her majefty and her predece0brs, the tem- oral captains or lords of the iflands of An'an nd their territories and hereditan^ents eife* ifhere, under the names of Mac Teige O Brien tf Arran, time out of man's memory ; and that hey had feen the faid Mprrogh Mac Turlogh ) Brien authorifed by all his fept, as chief of hat name and in pofleilion of the premifles s his own lawful inheritance, as more at large, ay they, doth appear in our books of records, therein he continued until of late he was by :he ufurping power of the O Flaherty's cxpul- Ted, from whom it is taken by fome inqueft Pound in her majefty's favour. We fay, more- over, add they, that the fcpt of Mac Teige O Brien of Arran, fince the foundation of this city and town, were aiding and aififting toour- felves and our predeceffors againil her majefty's and her predecelTors enemies in all times and places, whereunto they were called as true,
*• faithful.
5TO THE LAWS OF TANISTRT
** faitbfiily and liege people to the crown of Eif.
^* buid, to niaintain, fuccouTy and aifill this town.' Thus that public inftrunient. The above Job 0 Brien ii the fizth direct defcendant from the bii Morrog^ fon of Turk)g|i O Brien, nicntioQed k die preceding abftraft, as appears by his goieib. gy, wherein I find it mentioned by wayof aav< ginal note, that Dermod Mor O Brien, gnodii of the above Sean Tdge or Teige- Aluinn, rcceir- cd twelve tuns of wine as a yearly tribute fm the to^A n of Galway , in confideration of prottc- ting the harbour and trade of that dty, from i pirates and privateers, by entertaining a [\Mk maritime force for that purpofe.
N. B. A modern compiler of the genolopi of the peers of Ireland calls Teige Gle by ik name of Teige-a-line (aiming doubtkfs at lixth defcendant Teige Aluinn) and makes the fecond fon of Dermod O Brien, and only bro- ther of Turlogh the anceftor of the Thomood branch, whom he fliles the heir of his faid fatixr Dermod, and referves Connor na Catharach, win was his true heir and elded fon, to make a kind of Pythagorean appearance in the world as fecood brother of Donal Mor, and third fon of his own younger brother the faid Turlogh. But a fo- reigner and perfect ftranger to Iriih annals mud be excufed in thefe blunders, grofs and incxcufablea they other wife (hould be deemed.
4. Dermod Fionn, uho was a prince of a vio- lent and fanguinary diipofition; for, A. D. 1154, he put out the eyes of his own elder brother Teige Gle^ and in 1168, by the aiuilance of
Maiadiy
ILLUSTRATED. 57
ilachy O Felan king of the Defies, aged as he KB, he murdered the grand fon of his eldefi bro- ar Connor na Catharach by name Connor O ien, and foon after dirpoflefled faid Connor's Hily of their principality in Ive-Bloid which pprehended Ar^ and lower Qrmond, being %erfully fupported for that end by his nephew anal M6r O Bricn. His family from that time sre chief princes of Ive-Bloid till the fetilement the children of Donal M6r O fi|rien in that mtry, neverthelefs they remained in great i^dor and held the fecond rank there, until f were entirely difpoflelfed by the family called c y Brien Ara, and the defendants of Donal inachtach O Brien ; which (hall be particularly ted in its due place. 5. Dermod Donn, of :>fe family we have no account. S. Donogh, who was a virtuous prince and left c. After the death of his wife he became an lefiaftic, was eledted to the vacant fee of Kil- ►c, confecrated bi(hop of that dioccfc, A. D. >i ; according to the annals of Tighernach's itinuator, and died in four years after that K:h according to the faid annals. His de- ndants and family, highly valuing themfelves >n this circumftance, and dcfirous to prefervc memory of fo virtuous, fo honourable an :cftor, always diflinguilhed themfelves by the ticular title of Clann mic an Ealbuig. This riily was very powerful, and enjoyed large ites even folate as the reign of queen Elizabeth, c prefent diredl reprefentativc of that branch the O Briens, is faid to be Francis O
Brien
19
THE I#AW OF TAMISTRT
Bnen Ion of WUImih O Brien^ wholtttly a fimU part of the large poflfeffioni of hii tori, upon wluch he refided at a place Caflle Brien, otherwifc called CuMkra-Bci- inrbhearnun m the county of Clare.
CONNOR NA CATHARACH O
Connor na Catharach king <^ Thomond Slaparfalach or Spattered-rdbe, the eldeft I>eniiod O Brien, was proclaimed king of immediately after the death of his father. A] iiao; upon which his brother Turing^ the (econd fon fucoeeded him in the fot of Thomond. A. D. 1 1 2 1 , Connor O Ht^ O Heyne king c^ lYC-Fiachracb-i O Flaherty king of the weft of Connaught, I^rcan a prince of great valour, with others of the Conatian nobility, in a battle Ardfinan ; by which means he took reveogei the Conatian army for having burned Lifmore, and other places in Munfter that under the command of Turlogh O Connor, king of Connaught returned the fame year Munfter with all the forces of Leath-cuinn, remained encamped at Birr in Ormond from iirft of November to the end of January wii committing much hoftilities. In the mean he fet all his political engines to work for drawing the Eugenian princes from their ance to the king of Munfter ; in this projefil fucceeded fo well, that Donogh Mac Carthy pther Eugenian princes came to his camp,
tLLUSTRATED. 5173
1 him homage ; his next fcheme for reducing mor O Brien's power w as to fo w the feeds of ordamongft the O Brien princes, which he foon 6fccd, by fetting up Teige Gle O Brien in oppo- in to his brother Turlogh, whom he by dmt ms eafily dethroned from the fovereignty of lomond and made him a prifoner of war ; then daiming Teige Gle king of Thomond in his Cfc, he decamped with his troops for Connaught I tJlfter in the month of February of the year U9 according to the annals of Innisfallen and rhernach's continuator ; according to the latter befe annals, Teige Ton of Cairthach king of blond, died at Caihel, A.,D. 1123; and his htw CormaC fon of Muireadhach, fon of rthach, fucceeded him in that principality. 3. The author of CambrenfisEverfus isguiU kf a great error and anachronifm of no lefs than years, concernisg this Teige Mac Carthy, >m he fuppofes to begin his reign as king of \nond, after the death of Connor na Catharagh kien, who died, A.D. 1142, according to the ctitring teftimonies of all different annals. n 1 1 27, Turlogh O Connor at the head of the DCS of Leath-cuinn, marched into Munfter, I baked at Corke, where Donogh Mac Darthy 1 a great body of the Eugenians joined him ; cr which he dethroned Cormac Mac Carthy, fcr brother of the faid Donogh and king of fmond, who thereupon turned to lead a devout I at Lifmore, and had Donogh Mac Carthy LUgurated and proclaimed king of Defmond in » place ; he then undertook to make an equal
divifion
574 THE LAW OF T ANISTRT
divifion of all Muniler between him and Connor O Brien, the reigning king of that entire pro- vince. In the fame year G>nnor O Brien, to defeat the projedts of O GMrnor^ tending to create a divifion among the princes of his fiunily, effected a perfedt reconciliatbn between Us two brothers Turlogh and Teige Gle^ by reftoringdie former to the feodal foverdgnty of Thoniood, and the latter to that of Ormond. Then bidding defiance to the ufurped authority of Turlogh O Connor in his province, and condemning the unnatural ufurpation of Donogh Mac Carthy m Defmondy he repaired to Lifmore, where hafmg J found Cormac Mac Carthy in a cell, he took him by the hand, brought him back into the worid again, and acknowledged him the <xily king of Definond : confequent to which he detfaroDol Donogh Mac Carthy and enled him into Coo- naught. In this a£t of public juftice, he hid tbe concurrence of O Sulivan, O Donogbue, 0 Mahony, O Keeffe, O Moriarty, O Felan, and almoft all tbe Eugcnian nobility. This hBt k recorded not only in the annals oJF Innisfalkn,bat is alfo mentioned by St. Bernard, in his fifeof Malachy, archbifliop^of Ardma^, cafK 3. io thefe words, ^* Conchobbarus O Brien vid^quacfidi *^ funt, repietus eft zelo, et hinc qindem indigooi ^^ prardonum libertati et infoicntis fuperbcnfl^ ** inde miferatus regni deiblalioiiem et regji d^ *^ jecboncm deicendit ad ceflubm pauperis } ai ^* Cormacus, accedente mandato epifcopi e *^ Malacfaix coniiUo, vix tandem aoqaievit; ^ puliis pr^tdcoibus, reduditor in fua com ooi*
•* tatiooe
\
ILLUSTRATED. 575
atione fuoruniy regnoque reftituitur fuo." tn end of the fame year, 1 1 27, Turlogh O G>n- ' refolving to take full revenge of the king of softer for thefe proceedings, invaded his pro- oe with a fleet of one hundred and ninety fail^ ttding to the annals of Tighcmach'scontinua^ i fpoiled and burned the country as far as the untain called Sliabh-Caoin, Ardpadrig, and inallo in the county of Limerick ; but being red that Connor OBrien was marching at the 1 of the Momonian forces to give him battle, nade a precipitate retreat and arrived in inaught without fufiering much lofs. L. D. 1 1 30, Connor O Brien, apprehended Ua Caomhdhain for ftealing feveral valuable &8 out of the church of Clonmacnoifs at the igation of the Danes of Limerick ; after which Tent the facred pledges and the chief under a ^ng guard to that place, where he was public- xecuted. A. D. 1132, he invaded Connaught^ iled Ndbonmhuighe near Thomond, burned Imian and brought away a confiderable booty ; a after, being aififted by the troops of Con- akne and Meath, he made a fecond defcent m that province, and fought a battle againft Idng of Connaught at Athlone, wherehe gained ignal victory, flew Connor O Flaherty with two the family of Mugron, and burned that town. t then dellroyed the iflands of Buinne and ithe upon the Shannon with fire and fword. 3wards the end of this year, he fent a (tout body troops, chiefly Eugenians, under the command Cormac Mac Carthy , by fea to that province ;
in
1^6 THE LAW OF TAKISTRT
in which expedition they battered and broke down the caftle of Buna-Gaillimhe, put the garrifon to the fword, and nfiade the like hoftUe defcents in feveral parts of the well of Connaught. A. D. ^ 1 339 ^^ marched at the head of the forces of Munfter and Meathinto Connaught, laid waftetbe places called Ruadhbheitheach and Bealatha, and flew Cathaid O Connor Rioghdamhna or heir ap- parent to the throne of Connaught, and Giolla na Naomh O Floinn a chieftain of great note. After which he burned the fortrefles called Don-Mogh- dhairne, Dun-Mor and other places of ftrength ; he then defeated the tribe called Siol Muiridhtg in a pitched battle, flew AulifF O Radain chief of the fept called Clann Tumultaig, with fcvml others of the Conatian nobility, and made the fen of Ineifdir O Handiy prifoner of war.
In 1 1 34, he marched againft Mac Murcbaking of Leinfter and the Danes of Dublin, who bd revolted againft him, and flew Marianus fon d AUgort a Danifh commander of great reputatioo, and Aulavius another Danifli officer ; after which, he routed and defeated Mac Murcha in a pitched battle, where the beftpart of the Lagenian troops and thofe of Ive--CinfioIach were left dead on d)e plain ; foon after, he marched at the bead of the united forces of Munfter, Leiniier, the Danes of Dublin, Wexford, Waterford and Corke, into the province of Connaught, with a full refolution tt reduce that entire kingdom, and receive hoftaga from the principal nobility. Tuflogh O Coowir in this great emergency of his af&irs, convince!
as he was of his own incapacity to rifque a battk
with
ILLUSTRATED. 577
xvith O^Brien, and well knowing that prince's piety and obedience to the church of God^ fent Muireadhach O^Dubhthaig archbilhop of Tuara^ whom Tighernach*s continuator fiiies the pope'a legate in Ireland, attended by Hugh O'Hoifin^ who afterwards became Muireadhach's fucceflbr in that See, with full powers from him to offer the invader any conditions that might fecure his perfon and Dates from the danger and defolation which fo nearly threatened both the one and the other I the commiffion however was fo well dif- charged by the archbiftiop of Tuam, that he per- fuaded the Momonian king to grant O'Connor reafonable terms of peace ; thus far the annals of Innisfallen ; but thofe of Tighernach's conti- nuator at the fame year mention, that they return- ed without obtaining fuch conditions as they ex- pected from O^Brien ; from this circumfiance we may reafonably infer, that O^Connor was then obliged to promife obedience and deliver hof- tages as pledges of his fidelity ; which was always pradtifed by the princes of Ireland, upon the like advantages. This circumfiance of Turlogh More's reduAion and humiliation by the power of Connor O^Brien, has not been expofed to light by any of the late writers, notwithftanding it's being fo well grounded on Irifli annals.
In the fame year 1 1 34, he marched at the head of the united forces of the provinces of Munfier, Leinfler and the Danes of Dublin into the province of Ulfter, where he deflroyed the country with fire and fword, and brought away with him the treafures of Tyrone, out of the cathedral church
P p of
^^i THE £.AW OF TAHiaTRT
of Derry, and three other churches of that prin- cipality^ in which they had been depofited for the greater lafety. Hie then fpdled Tirconoel and found immenfe wealth iheltered m the churches of Raphoe and Hathluirg | after whidi he marched through the heart of the proma intoMeathy fpoiled that entire principality and brought away the riches of the province oat of the cathedral of Clonirard ; then croffing the Shannon^ he began the like hoftilities in Coo- naught, and brought away the vaft treafures of , the province, which he found depofited in the
churches of Conga, Eithne, Rofcommon, Rof- naor, and feveral other churches of note ; after this lad expedition he returned triumphant into his own province, enriched with immenfe treaforei c^gold, filver, and other valuable efieds of ill the different provinces of Ireland.
Inunediately after this grand expedition Cor- mac Mac Carthy king of Defmond, and the Eth genian nobility revolted and proceeded to open a^ of hoflility againft Connor O^Brien, fo as to penetrate into his camp in the night time with fword in hand, where they committed a great daughter, in which Donogh O'Brien fonofBrien 0*Brien of Glanmire, and his cldeft fon Dcrmod were flain, before the king's forces could get themfelves in rcadinefs to oppofe and repulfe the rebellious party. All annalifts who mention this fudden mif-undcrftanding between Cormac Mac Carthy and the king of Munfter, to whofefricnd- (hip faid Cormac owed his rank as king of Def- mond, by having dethroned the ufurper Donogh
Mac
tLLUSTRATED. j7^
Lc Carthy, keep a profound filence concerning caufe ; but as the annah of Innisfallen mention, It Cormac Mac Carthy forcibly took away »m the king's camp at this time a part of tha mIs brought home from Ulfter, 8cc. it may ret- lably be inferred from this fa£t, that the rup« 'e took its rife from a jealoufy of the Eugeniank ncerningthe diihibutionofthofe fpoils. I^ 1 1 3S* Cormac Mac Carthy at the head of th^ igenian tribe marched into Thomond, wher* did great damages, and killed Ctrmheadh Mor, r k*»ng of Ivc-<}aifin. Connor O^Bricn fudden- purfucd him and garc his forces a total ovcr- ow, in which Cian 0*Mahony king of Raith-^ n or eaft Ive-Eachach, Mahon O'Donog- 2 and Roderic O^Donoghue kings of Ive-Each- i weft, Fiongain O^Kecfc king of Gleannam* n, 0*Fclan king of the Defies, O^Connortdng Corcomrnadh, O^Loghlin king of Burren, hich two laft mentioned princes favoured the gem'an intereft) and many other princes of tinAion were all put to the (word. A.D. ii37» Turlogh O'Brien was made a pri- cr by his brother ; here the annalifts are quite Tit about this brother's name; yet we iftty ifidcnily advance, that Teige Gle was the brt> ^r here pointed at for that fadt, as he had been 1 author of hisimprifonment, A. D. iiaa, ai Ih been explained at that year. The EugeniaA inces in their prcfent rupture atid rebeUicMH ;ainft the king of Munfter, muft in all appears ce have foHowcd the exattHple of Turlogh ^Connor in availing themfelves^ as he did^ df
P p a the
58o THE LAW OF TANISTRY
the ambitious difpofilion of Teige Gle, and his particular pique againft his brother Turlogh, to difturb the union and good underllanding that fubfilled at that time bet ween the princes of the Dal-caifian race. This conjecture feems to be the better grounded, as we underftand from the concurring teilimonies of the annals of Tigber- nach's continuator, thofe of Innisfallen, and the Chronicon Scotorum at the year following, thit Cormac Mac Carthy was murdered by Dermod O'Connor king of Kerry-Luachra at the inftmce of Turlogh O'Brien, whom Tighemach's con- tinuator Ailes the fon-in-law, goffip, and fofter- child of faid Cormac Mac Carthy ; befides the probability which arifes from this laft circuroftana to confirm the prefent conjecture, the faid annab furnifh us with other firong proofs as (hall here- after appear in its own place, where the like ^^ prifals are made upon Teige Gle by his brother Turlogh, when he obtained the afcendant m Munfler upon the death of his brother Connor O'Brien. Nor can we at all fuppofe the brother who I mentioned to be Connor O^Birien, with whom Turlogh never had the leaft difputeor mif-underfianding before or after this time, that I can learn from a ny of the annals.
In 1 1 39, Connor O'Brien, at the head of the united forces of the fouth half of Ireland, nwrch- ed into the territories of Oirgial in Ulflcr, where Donogh fon of Cucalhel O'Carrol chief king of that extenfive principality came to his camp, paid him homage and delivered him two hoftages After which he reduced Conmaicne and bro^^
away
ILLUSTRATED. 581
beir boilages. A. D. 1 142, Connor O^Brien, le king of all Leath-mogha without con* ion, and the moft powerful prince of the Irilh nation very pioufly and penitentially d his days at Killaloe. His corpfe was ily interred in the cathedral church in the vault of the O^Brien kings. \ continuator of Tighemach*s annals, after
Connor avowed king of Leath-mogha, to fay, both the provinces of Munfter and ' Leinfter, with the capital city of Dublin, thefe words, Jtmnfaigbtbeacb Eirimn lofe, literally import, that he had invaded, re- » and required obedience and hofiages from
other provinces of Ireland, which indeed uf&ciently appears from the preceding ex- f the anna Is concerning his reign ; it is very Lt to all thofe who read the Iri(h annals, rith the princes of Meath of the Niellian race, mbitioned to be (liled kings of Ireland, it Handing maxim, as foon as they could have I or reduced to fome fubmiffion, were it »ut temporary and of the (horteil duration, ^o of their neighbouring provinces together hat of Meath, they thought it quite fuffici- r them to affume the title of monarchs of land ; and the fame maxim was conilantly ^ed by ihofe of the fame Niellian race in -, who never failed to arrogate to themfclves me title and dignity of monarch, as foon y had found means to force fome fubmiffion the princes of Connaught and thofe of b jointly with their own Ultonian tribes.
In
08a THE LAW 07 TANI2TRT
In the mean time tkoikxng appears plainer or more abundantly proved through the whole oourfectf ^11 the hifh annals, than that thofe provioces from whom the nominal or pretended mooarda bad, by fiarts of force afid high band, extoitoi iimfi ton of exterior fid>mifljon, always fdied upon the firft opportunity not only Co renaunoc Jfuch a fubroifflon, but alfo to bid open defiance to thoie high monarchs who had ftarted over tbem by the chances of war. So that, notwithfttnd- hig the offence it gives Roderic OTlaberty, that thoiie kings of the Saxon Heptarchy, who from time to time were diftingui(hed by the title of monarchs, (honld have been compared or pot upon a par with Irilh monarchs, it muft be fairlj eonfefled by all unprejudiced perfons who ht?e fcad the annals and hiftories of both nations, ibt that high title has been often afibroed in Ireland^ upon weaker grounds than it was generally tttrh buted to the moft powerful kings of the heptar- chy ; where it was both natural and necc&ry, that one or other of the feven kings of thatnstioQ ihould be velUd with a general commanding power, as often as a war with the old Britons oi Albanian Scots became unavoidable. But on the whole matter it is a real fa£t, that the general fyf- tem of government among the Iriih kings and princes of the Scotic nation, was very nearly if not exactly of the fame nature with that of the Saxon heptarchy. Thofe who would form th«ir judgment rather upon real hiftorical fa£t$, glar- ingly appearing throughout all the annals of this country, than upon fuch an UtopNan (yftem o^
Irilh
ILLUSTRATED.
Ifi(h government as hftlh been imagined and pub- liflied fome years rmce, would I darefay^ make TIG difficulty, after the firft reading of the annaU^ to acknowledge the reality and truth of what t have here reprefented concerning the manner of government and exertion of regal power among the princes of the Scoto-Ibernian race.
I fhall therefore conclude without hefitationf thai according to the annals, Connor na Catba- rach O^Brien had ^s good a right to be fiiled king or monarch of Ireland, as any other prince that had aflumed that title, his great ancefior Brien Borumh alone excepted; who either from tfa^ free will of the people or by fuperior power, maintained himfelf infuU pofleifionof the perfeA fubmiflion and obedience of all the princes and ilatesof the whole kingdom. And that foreign writers regarded and fiiled faid Connor king of all Ireland, the reader will find attefted in the fol- lowing extracts out of the antient records of the i^bbey of Ratifbon, as they were communicated to the author of Cambrenfis Evafus, by Stephanas Vitus, of whom the great Ufher makes honoura- ble mention in his Britifh and Irifh antiquities. From thefe concurring teiiimonies of domeftic and foreign writers it evidently appears, that I have not exceeded the real truth in what I have Ad- vanced concerning the fupremacy of Connor 0*Brien over all the other kings of Ireland, dur- ing a confiderable part of his reigo, a fupreiHai^y which was rather encreafing than declining to- wards the end of his life : what was not common to all his predeceiTors of the fame raci ; tod that
he
THB LAW OT TANISTRT
he furpafled all the defcendants of the great mo- narch Brien Borumh, in piety and zeal for the public good of the church and ftate, may dearly be inferred both from the faid extrad^s of records, and from the very literal meaning of his furnamei He was called Connor na Catharacb or rather at Gcathrach, from his having built feveral dties, cailles and royal feats^ of which Cahir-Dun-lafct the prefent feat of Lord Cahir in the county of Tipperary was one» andCahir-Conchul^ir in an ifland of the Shannon in Lower- Or mond, fo caiied from his Chriftian name, was another ; he was ^likewife nicknamed Slaparfalach or Spattered- Robe, from his piety and zeal in building cburdies and monafteries, to which work he was fo atten- tive, that he often mounted the fcaffolds to in- fpe£t the mafonry, on which occafion his robes were unavoidably befpattered with the mortar.
His piety and munificence in founding and r^ pairing the Iri(h abbey of St. Peter at Ratifbon in particular, are confpicuous in the annexed re- cords, as quoted in the margin. They import io the firft place (j) * that Ifaacus and Gervafius,
* who
(a) Ifaacus et Gervafias qui oati erai^t in (Cbemia ex ftirj^ nobiliori, atqne egregiea pietate,littens, eloquentta in£bw* ti, qaibus conjundi funt alii duo Scotigeoz Hibemi, Con- radus Cari>entarius et Guilielmusy ad Hibeirniam perft- ncrunt, ct falutato Hibemix ^.egt Conchur O'Brien cog- nomento Slaparfalach, caufam ei adventus fui ezpo^Q^ * runt ; qui eos humaniter excepit ; atque poft aliquot dies in Germaniam honorifi^e remifit onuftos ipgenti vi aari, argentiy et pretioforum aliorum donorum. Alii Principes Hibemix ampliflinia in Germaniam reveitentibiis mmien Tarii generis contulerunt. liaacos amem» Gexrafius mil
eraac
ILLUSTRATED* 58^
ho were natives of Ireland and of noble ex* mCdon^ as well as of lingular jMety^ learning, id eloquence, to whom were joined Conradus arpentarius and Gidlielmus both of Scotic <^ n and natives of Ireland, after having paid idr refpedts to Connor O^Brien furnamed laparfalach king of Ireland, explained to him le nature and caufe of their expedition into is kingdom ; upon which he received them loft gracioufly; and within a few days fent !iem back to Germany, laden with an im- lenfe treafure of gold, filver, and othervaluabte refents. Some other Irifli jprinces made them t their departure very conuderablc donations f various kinds ; they had been fent to Ireland, continue the records) as legates from Diony- ius the abbot of St« Peter's abbey at Ratilbon, 0vho was a native of Ireland, to b^ for fup- pVies and alms from the princes of his country : by the help of thefe pecuniary fupplies fent him From Ireland, the abbot purcbafed a fnece of ground in the city of Hatitbon, fufficient for building a new abbey at the eaft fide of the town/ And that this abbey was an excellent d finifticd ftrufture, may be very fuflliciently Ferred from the following words of the extraft, lich import, that * the ere£ting fo fpacious a >yfter of fuch famous workman(hip, abound- ing
ant in Hibemiam taaquam Legati a Dionydo Scoto con- n^ti Petri Ratifbonx abb«te» petituri fubfidium et eleetno- nam a Regibus et Principibus fui foli natalis : his pecu« 18 ex Hibemia fubmiflis emit abbas aream novo monaf- rio extruendo coaunodam ad occidentalem partem Ra- feonc*
$w
THE LAV OT TAVISTRT
' ing with ftaoely tarretB, walk, pilUrt and ftttlti, ^ with fuch wonderfal eicpedition^ Bouft be wlioi* ^ ly attributed to the iminenre fan» of moQ^ ^ and riches furnifhed for that pious end by the ^ king of Ireland, and by other princes of tha f nation /^ J.
And that Connor O^Brien was the very fomd- «r of this abbey is exprefsiy atlefted in the foUov- ig paflage of its records which imports, ^ dut Chriftianus, abbot of the iriih abbey of St. Jsibq at Ratifbon, wbo was a man of noble extradi- on, being defoended from the illuftrionsftmiiyof the Mac Carthys, after the treafares which had been fent by the king of Ireland to RatilboQ were exhaulled, and that his religiotis family were in extreme want of fubfiftence, at the (b- licitations and requeft of bis neceflitous bl^ thren, he came to his native country of Irdaod, to beg for feme eleemofynary fuppltes for lis poor family, from the moft Chriftian lod devout Irifh king Dond, and from the other princes of that nation, fince the above men- tioned king of Ireland, Connor O'Brien, who was the founder of the faid abbey of St. Peter and St. James at Ratitbon, had been dead forfome fpacc of time befcn-e (c).* The
maenificcQce
(h) Sciendam eft quod nee ante nee poft tarn daodrum tam nobtli ftruflura in turribns, paricdbos, co* lumnisy teftudinibus tam cito ere^um et paratum ad pk- nam ficut illud clauftrum, quia abundantia divitiaranct pecanite Regis Hibernis et alioniai principom crac tut faenTara.
(r) Chrillianus abbas inonafterii Scotorufn S. Jacobi la* tiibons, vir nobilis, ex ftlrpe primaria familis Macaitkf ia
tUbena,
IJLtXJSTltAT ED. j«,
teafpnificcaace and opidtnce of king Connor, as wdi as his oorrefpondence and alUance with the €Dr$ign powers of hk tixn«, appear with equal anrjdence from anodier paflage of thoie records of Ratifbon, where it is xpentioned, (^ ^ That ^ by a number of Counts and Knights of great ^ power and nobility^ and all wearing the holy ^ badges of the crofs, whom he difpatched away ^ to fight againft the infidels in the Holy-land^ * he fent an immenfe quantity of rich pre&nts to ^ Lotharius the Roman Emperor/
MORTOGH O'BRIEN, Ton of Coqnor
na Catharaph.
Connor na Catharach O^Brien, married Sadhb or Sgbla the daughter of Connor O'Mulfeachiin king of Meath, by whom he had Morto^ O . Brien the only fon of whom we find any mention in the annals. This prince upon the promotion of his uncle Turlogh king of Thomond to the throne of all Muniler by the death of faid Mortogh's father Connor na Catharach, A. D. 1 142, fucceeded his faid uncle in the fovereignty
of
Htbernia* jam ezhauftis the&uris oltm Ratilbonx fubmiilis a Rege Hibemizy videns fuos inopia laborare fubiidii hu- mani rogatu fratrum fuorum ut novum repeteret levamen jeseftatis concefit in patriam fuam Hiberniam, ut a Rege Cnriftianiflimo ac devoto Donato O'Brien diAo (jam enim vita fundhis fundator confecrati Petri et monafterii S. Jacobt Scotonim Rex Conchur O'Brien) ab aiiis Hibemis mag- natibuis impetraret eleemolynas.
(d) Per magnz nobilitaus ac potentix Coroites cruce fig^ fiatos, et Hierofolymam petituros, ad Lotharium Regem Komanoram ingentia mttnera mifit.
5«S THE LAW OF TANISTRT
of Thomond. He alway entertained good friendfhip and harmony with the Cud '^vAif^ and ftrongly fupported bia intereft to the dty tf his death, not only agatnft hia onde Tc^ Gk king of Ormond, who waa g^enerally at ymaa with lus brother Turlogh, but alio agpinfttk united powers of Turlo^ O'Connor and b Conadans on the one fide, and of Demxxi Mk Carth; , and the Eugenians on the other.
The following Iketch of Mortogh's mifitaj fldll and martial expldts, taken from the ooncar- ^g teftimonies of the Chronicon Scotorum, T^iemach's continuator. and the aimals of !&> niafaUen of the fingle year 1 150, will ferve totk reader as a fpecimen of the reft of his adiooi; for in that year he reduced the king of Ofiij, and obliged him to deliver hoilages ; he dn had wafte the country of Meath with fire tod fword, and brought home very confiderable fpoii; after which he invaded Connaught, and broogh from thence a great prey and many prifooers o( war. Not long after that expedition he maidiod into the province of Leinfter, which fufferecltbe like hoftile rigour from his vi£torious arms ; it is to be obferved that all thefe princes and ftites were his and his uncle Turlogh's declared enemies^ Turlogh O'Connor and Tiaman O'Ruark at tk head of their refpedive forces invaded Munftcr, being fully determined to take ample revenge of the king of Thomond^ for having fpoiled tbor country ; in this expedition they were fortunatd? joined by the Eugenians under the command of Dermod fon of Cormac Mac Cartby , at the foot
of
ILLUSTRATED. 569
le mountain ealled Sltabh-M is, where Turlogh Mortogh O'Brien gave them battle ; in which Conatians, after a great carnage of their beft pa, gave ground and retreated precipitately their own country. Dermod Mac Carthy after tving ftrong reinforcements from his tribet jed a fecond battle with thefe two 0*Srtea ices in the territory of Ive-Connal-gabhra^ ire the Eugenians received a fignal overthrow^
were obliged to fly for refuge to the faflneflfes [ve-£achach. The Dal-Caffian princes mak-
good ufe of thefe favourable circumftances, lied and laid wafte the entire principality of mond, that is to fay, from the Black- water to ke^ and from the town of Lifmore to Brandon- in the weft of Ireland. Mortogh O'Brien in
mean tinoe clofely purfued Dermod Mac thy through the defiles of Mufgry, and thence Tmneich near Bandon, which place he alfo Jed and committed to the flames, 'he king of Defmond and the other princes lis tribe being driven to thefe great extremi- , fent repeated embaflies into Connaught to beg riogh O'Connor's aififtance once more againft r and his enemies ; upon which he fent his
Roderic O'Connor in the beginning of the r 1 151, with a ftout body of troops into omond, where they did great damages, and ned down the famous palace of Ceanncora, ich the continuator of Tighernach's annals » the beft and the moft celebrated regal feat all Ireland. Soon after the return of thefe latian troops, Turlogh O'Connor at the head
of
Slid reduoed the Eugeniaa famtit tepafe that fame night at Corke ; a morning marched through Moio-Mc imapprelienftve of the leaft dangc were fuddenly met with and and it united armiea of almoft all Irelu fou^t the Moody battle of Moin-f the cdebrated Mortogh O'Brira 1 mood, together with the flowtir Caffian nobifoy, were flain, very few fept either crying for quarter, or field of battle ; adrcumftance, hov able, that did wonderfully weaken 1 Muafler for £6me years after tlus U This Mortogh O'Brien fon ol Cadtarach and king of Thomond, ▼iK. I. Connor O'Brien, who after hia father, A. D. 1151, as now rd; fucceed him in tbe principanty, as T of Ormond, by lus right of fenior Mortogh in that fovereignty, and I pality of Ormond to faid Connor O fmaU kingdom bepeaceaUyenit^ed
IL:LaSTft AT£D.
:r*8 death, to die year i i6S, when immedi- after the death. o£ Turbgh O'Brien, he led his title to the fovereignty of all Mun<- as heir of Connor na Catharach, and diredt of all the O^Brien race. This right he f contended for againft faid Turlogh's eldeft Mortogh O'Brien, whom Connor flew with wn hand ; but he was foon after treacheroufly Jered by his own grand uncle Dermod Fiona ien, fourth fon of Dermod 0*Brien and brother onnor na Catharach, as above remarked aifift- >y Malachy OTelan king of the Defies, ough this unhappy catailrophe, this prince was aft. of the defcendants of Connor na Catha- , who enjoyed either the fovereignty of Tho- d, or that of Ormonde Such of his family St remained chief rulers in the territory called Bkid^ which comprehended Ara and Lower- lond, being foon difpoirefied by the children he above Dermod Fionn O'Brien, who were erfully and efTedtually affifted by Donal Mor rien.to extirpate that principal branch. This nor O'Brien left a fon by name Mortogh rien, who was unhappily ftifled in a heap of if, A. D. 1181. 2. Turlogh O'Brien, who a fon called Mahon O'Brien, a young prince preat hopes; his eyes were inhumanly put by Donal M6r O'Brien (the conftant and ared enemy of this family) at his own houfe i^aftle-conuing, A. D. 11 75, as were alfo the s of Dermod O'Brien fon of Teige Gle, at the e time. This fadt is particularly recorded 1 in the annals of Innisfallen^ and by Tigher-
nach^s
S9t
592 THE LAW OF TANISTRT
nach*s continuator at that year. This MahoQ alfo left male ifiue of which I ftiall Ukewife gin fome general acxounts^
tIjrlogh o*brien.
Turlogh O'Brien the fecond fon of Denood became king of Munfter^ immediately after tk death of Connor na Catharach his eldeft brodxr, A. D. 1 142 ; in the year following, he demoliflied the fortrefs called Ruadhbheathach in Connaugb, where he flew i great many Conatians, togddxr with their general GioUa Breanain O^Morch, whom Tighernach's continuator fliles the goven- or and fuperintendant of Turlc^h O'Conoor's houfliold, and the mod famous champion of tk province of Con naught. In 11 44, Donog^ Mk Carthy marched with hoftile arms to DroidBd- iBrien upon the Shannon, where he flew Dooq^ the fon of Kinnedy 0*Brien; after whidilie marched into the Defies, when he was betnjed by 0*Flanagan, and given up into the haDds of Turlogh O'Brien, who fent him loaded with dual to Lough-Goir^ at which place he foon after a* pired. A. D. 1 145, the Momonian forces uo& Turlogh O'Brien made great depredations ii Connaught, flew Roderic O'Flaherty, and midc Teige O'Kelly prifoncr of war. Soon ificr Morrogh O'Maolfeachlin and the peopk of Meath, TeabhthaandConmaicnerenounadiod withdrew their obedience from Turlogh O'Bofl- nor, and proclaimed Turlogh O'Brien fuprciDe king of their fiates, according to the Chronica
Scotoroa
ILLUSTRATED. S93
rum. In the end of this year, Teige Gle ien was pUt into clofe confinement by his ler Turlogh, not^vithftanding the mediation le archbifliop of Ardmagh, and the greateft of the prelates of Ireland ; however he was t liberty, and rieftored to the kingdom of ond, A. D. 1 146, after a folemn oath of his e obedience, and the engagements of the y in his favour.
D. 1 1 50, Turlogh O Brien, affifted by <^gh O Brien fon of Connor na Catharach, y defeated and reduced the Eugenians, as
been already mentioned in treating of the ndants of Connor na Catharach. A. D. , he efcaped by flight out of the bloody I of Moin Mor as abovie defcribed, in which togh O Bi ien fon of Connor na Catharach
of Thomond, whom the continuator of lernach's annals (liles the fecond in worth dignity of the Dal-Ca(fian princes, together the principal chieftains of that martial tribe, lain. After the battle he fled for refuge to own of Limerick, whither he was clofely led by the viftors and obliged to ranfom *lf by paying down two hundred ounces of , and fijcty valuable prcfents, and then ddi- l hoilages to Turlogh O Connor. A. D. ., Teige Gle O Brien in open contempt Of >lemn oath, and of the facred engagementg le clergy, broke out into public hoflilities ift his brother Turlogh, whom he dethroned )ani(hedinto Tironc, being fupportcdby the d powers of Turlogh O Connor king of
Q^ q Connaught,
594
THE LAW OF TANISTRY
Connaught, Dermod Mac Murchadha king of Lcinfter, and Dermod Mor Mac Carthy king of Defmond ; by thefe princes he was inaugurated and proclaimed king in the room of Turlogh O Brien, and the fovereignty of Munfter equally divided between Teigc Gle O Brien and Dermod Mac Carthy ; in the mean time, Turlogh 0 Brien was received with great refpeft by Mortogh O Neil the king of Tirone and principal king of all Ulfter, who promifed to aifift him with his Ultonians in the recovery of his kingdom ; here the political and ambitious king of Connaught having now no longer a Connor na Catharach to deal with, refumes the practice of his old maxim dmde et impera^ in which he eflfeftually finds his account ; and the O Briens at the fame time are made woefully fcnfible, that the glory, the dignity of their name has expired with that great prince, who was as fuccefsful in baffling his adverfary in the cabinet, as in beating him in the field.
In 1152, Mortogh ONeil, Donogh O Carrol, and Turlogh O Brien at the head of all the forces of Tirconnel, Tirone, Oirgial, and Ivc-Briuin- Breifne marched into the w eft of Meath to a place called Ath-Maighne, where being met by Tur- logh O Connor, and Teige O Brien, a bloody battle was fought between them, in which the forces of Connaught received a total overthrow^ and nine princes of that kingdom were (lain, toge* ther with nine hundred of their beft troops; after which Turlogh O Brien was reinftated in his king- dom with full authority, and Teige Gle had his eyes put out by one of his brothers called Der- mod
ILLUSTRATED. 595
. Fionn O Bricn, as above hinted. A. D. 4., Tcige Gle pioufly finifhed his life at Lif- e. In 1 1 56, Turlogh O Brien delivered hof- s to Turlogh O Connor king of Connaught, iireties of his obedience. A. D. 1157, ^^^ es of Limerick renounced the fovereignty of iogh O Brien, and acknowledged Mortogh 4eil the king of Tirone, who was then Sn- iped at Limerick^ as their fupreme king. 1 1165, Turlogh O Brien retired to Killaioe rad a private and devout life, and refigned the s of government into the hands of his eldeft
Mortogh O Brien. This prince during hia ^ncy fl^w AulifT-mor O Donoghue, furnamed I^uimfmighe, at Brughrigh in the county of nerick. A. D. 1166, Turlogh returned Ti his pilgrimage and refumed his authority.
D. 1 1679 Turlogh O Brien king of all Mun* r until ihe fatal event of Moin-Mor, but af- wards reduced to the fovereignty of North- under, departed this life in a penitential and Jmplary manner.
Turlogh O Brien, according to the Leabhar e of the Mulconnerys^ married Raghnait, the ughter of O Fogurty, by whom he had five [IS, viz. 1 Murtogh, furnamed na Dun na [iath, who was a prince of great valour, and cd without iffue. He was king of Thomond,
D. 1 165, during the pilgrimage of his father, above explained. He had himfelf proclaimed ng of North- Munfter immediately after his faf cr's death, in which he was oppofedand killed r Connor O Brien, the grandfon of Connor na
Qjl 2 Catharach
S96 THE LAW Ot TANISTRY
Catharach and king of Ormond, A. D, 1 1 68. This Connor was killed foon after by Dermod Fionn O Brien, his own grand uncle, aififted by O Fc- Ian, as above related. 2. Donal Mor, who fuc- ceedcd his brother Morlogh in the fovcrcignly of Thomond, A. D. 1168; in which year he put out the eyes of his younger brother Tcige, fur- named of the Mountain, who was king of Or- mond upon the death of the above Connor O Bri- en ; and by that means became abfolute king of North-Munfter. He foon after became the moli powerful king of all Munfter ; he is the anceftor of theThomond branch. 3. Bricn an Sieibh, or of the Mountain, who became king of Ormoad by the deat h of Connor O Brien grand fon of Con- nor na Catharach, but was unhappily difqualified from governing by having had his eyes pat out by his elder brother Donal Mor in the fame year 1 168. 4- Dermod, of whom wc have no further mention. 5. Cbnfadin, who was anceftor of the family called Clann Conftantine, now Confadins: after the death of his wife, he became bifhop of Killaloe, and was prefent at the council of Late- ran held A. D. 1 1 79. The books of the herald'^ office and Keating agree with the above ac- count of the Mulconnerys and Mac Brodins, con- cerning the wife of Turlogh O Brien ; but Tigh- crnach's continuator gives us to uuderftand that he alfo married the daughter of Cormac Mac Carthy king of Defmond, by ftiling the faid Cor- iftac father-in-law to Turlogh O Bricn, A. D.
1138.
DONAL
ILLUSTRATED. 597
DONAL MOR O BRIEN.
In 1 1 68, Donal Mor O Brien, the fccond fon of Turlogh, was proclaimed king of Thomond immediately after the death of his elder brother Mortogh dun na Sgiath, and his brother Brien an Sleibhe at the fame time king of Ormond, but Donal foon dethroned him, by which means he became fole fovereign of Thomond and Ormond both together, that is to fay, of all North-Mun- fter, as above explained. A. D. 1170, he had feveral engagements with Roderic O Connor at the expence of much blood on both fides, in all which he was afTifted by a ftrong party of the Englifh adventurers under the command of Robert Fitz- Stcphcns, who were fent him by his father-in- law Dermod Mac Murcha the king of Leinfter. By this expedition the Englifli gained their firft footing in Munfter. A. D. 1 171, he paid homage and delivered hoftages of obedience to Roderic O Connor, notwithftanding his alliance with the Englilh, and their bafe encourager the king of Leinfter ; and in the fame year he fwore homage and allegiance to Henry the fecond, king of England^foon after his landing at Waterford.
A. D. 1 173, Donal O Brien at the head of the troops of North- Munfter, retracting it fcems his homage to king Henry, broke down the caftle of Kilkenny, and dcftroyed all the Englifli fettlc- ments in that part of the country. A. D. 1 174, he committed great depredations upon the people ' of the country called E6ganacht-Lough-Leane, and greatly fpoiled the entire country of Kerry. A. D. 1 1 75 , Dpnal Cavanagh fon of Dermod Mac
Murcha
5^8 THE LA^ 6V TANISTRT
Murcha the king of Leinftcr, affifted by a body of the Englifh under the command of Redmond leGrofs, and by Fitz- Patrick of Oflbry, took the town of Limerick by ftorm and plundered it. Soon after they returned a fecond time, but the Dal Caffians fet the town on fire and then gave them battle, in which the Lagentans and Englifh gained the vidkory. In the mean time the Cona- tians fpoiled and burned a great part of Thomond. After this Donal O Brien put out the eyes of Mahon fon of Turlogh, fon of Mortojgh, fonof Connor na Catharach O Bncn, and or Derrood fon of Tcige Gle O Brien at Caftlc-Conuing, as above related. Towards the end of this year, Donal was dethroned from the fovcreignty of Thomond by Roderic O Connor, who baniflied him intoOrmond, and fet up in his place the fon of Morrogh O Brien who was half brother to himfelf the faid Roderic. What likelihood or pofQbility, that a nation of fuch a condud thus divided in itfelf could long fubfifi ? As Dr. Le- LAND juftly obferves, ** In the midft of inteftinc ** contells and commotions, Ireland Teemed ready ** to be fubdued by the firft foreign invader who ^^ (hould attempt the conqueft of an inviting •* country."
A. D. 1 176, he made peace with Roderic 0 Connor, after having paid him homage and deli- vercd hoftages of obedience. A. D. 1 177, Mor- togh O Brien, Donal's eldeft fon, made an alliance with Miles Cogan and feveral other knights who joined him with their troops ; after which they ro arched to Corke, and plundered the town. Soon after^ Donal O Brien, with Milea Cogan, Philip
Braoi
ILLUSTRATED.
and other Englifh knights, committed feve-
B&B of hoftilities againfl the Eugenian families
burned many churches in Defmond. A. D.
<78, Donal O Brien at the head of the entire
-Caifian tribe, greatly diiirelTed and reduced
^^ the Eugenians, laid wafte their country with
and fword,and obliged thedifperfed Eugenians
Teek for Ihelter in the woods and faftneflea
Ive-Eachach on the fouth fide of the Lee.
™ ^his expedition they routed the O Donovans
*^ Ive-Figinte or Cairbre Aodbbha in the county
^ liimerick, and the O Collins of Ive-Connaili-
^^bhra or Lower-Connallo in the faid county,
"^yond the mountain of Mangartan to the
^eftem parts of the county of Corke ; here thefe
*C^o exiled Eugenian families being powerfully
^(lifted by the O Mahonys, made new fettlements
^or themfelves in the antient properties of the
Q Donoghues, O Learies, and O Drifcols, to
"^^ich three families ihe O Mahonys were always
declared enemies ; after which the O Donoghuets
tranfplanted themfelves to the borders of Lough-
leane, where AulifF Mor O Donoghue fur named
Cuimfinach had made fome fettlements before
this epoch.
In 1 1 84, a battle was fought between Donal Mor and Dermod Mor Mac Carthy king of Defmond, wherein a great number of Momonians were killed on both fides ; after which a peace was conduded between them and their refpeAive tribes. A. D. 1185, he marched into Connaught to aifiil Roderic O Connor in recovering his kingdom from the unnatural uTurpauon of his
own
599
66o THE I4AWS OF TANI3TKY
own fon Connor Maonmuighe O Connor, whom they foon reduced. Roderic was by this means re-cftabli(hed in his kingdoi^, and his fon par- doned and received into favoiif once more. A. D. 1 188, Donai Mor and the find Connor Maon- muighe O Connor gained a fignal vidtory ovex the Englifh under the command of JcAin de Courcy. A. D. 1190, a peace was concluded between him and the Eugenian nobility. A. D. 1 1 92, he gave the Englifh a total overthrow it Thurles in O Fogiirty*s country, and flew many knights. A. D. 1194, Dopal Mor O Brien king of North- Munfter and principal king of • the whole province departed this life, and was folemnly interred in the church of Killaloc.
Donal Mor O Brien, according to the Lcabhar Irle, (or book of genealogy) of the Mulconncrys, with whom the books of the herald's dfi&ce and the Earl of Inchiquin's pedigree ag^ee in this point, married Urlacam, or Curkd Hair, the daughter of Dermpd Mac Murcha king of Leintter, by whom he had nine fons, viz. i. Mortogh Dall, who was his father's chief general in all his wars ; he was the firft that introduced the Englifh into Munfler, A. D. 1 1 7 7 , to aiS with hoftile arms againft the Eugenians ; notwithftand- ing which, the annals fay, he was made prifonerby the Englifh at the commencement of his reign after the death of his father, A. D. 1194, and had his eyes put out by them ; he was anccltor of a family of the O Biiens, diftinguifhed by the name of Clann Mortogh Dall, his children were pbliged to leave the principality of Thomond,
during
I L L U ST R AT E D. 6oi
ng the wars of their uncles for the fuj^me mandy and fettled in the county of Ive* d. . .,
Connor Ruadh, who claimed his title to bvereignty of Thomond and Ormond, imme* dy after the captivity and misfortune of hia
brother Mortogh Diill, and had himfelf pro* led king of North-Munfier ; in this he was >fcd by his younger brother Donogh Cair- 2h, whole factions were more powerful and erous ; though we find in our annals that he e fjfid Donogh a prifoner, A. D. 1196, and ted him his liberty foon after in the fame
; after which being overpowered, he applied
le Englifh for their aififtance, who came along
L him to Thomond, where they did great
lages and flew many Dal-CaiTian nobles of
mftion, A. D. 1197; by the help of thefe
:ours he recovered the fovercignty of Tho*
id, but was dethroned, A. D. 1198, by his
ngcr brother Mortogh Fionn. In 1 200, he
. pcrfcdlly reconciled with his brothers, and
D. 1 20 J , he was killed by his nephew Mortogh
trien fon of Mortogh Dall, who was alfo af-
ng to the throne. We have no further ac*
nt of him or of his poilerity.
|. Dcnogh Cairbrcach, who contended for the
ereigniy with his brother Connor Ruadh, as
)ve explained, from the time of his father's
ah till the year 1 198, at which time they were
h obliged to lay afide their pretentions^ and
►mit themfelves to their younger brother
)rtogh Fionn . But Donogh getting into favour
with
tfot THE LAW OF TANISTRT
with the EngUA, and ptying homage to ksa% John of England at his firft landing in Water- ford, A. D. 1 21 1, purchafed from the faidtiog the lands of Carrigoginniol, together witk ill brdfhip, for himfelf and his heirs for «ver, it die yearly rent of fixty marks ; he had aHb the kii^ dom <» Thomond granted bim at the fame time, and all his other brothers who claimed any title to it, vrere declared ufurpers and enemies to the Ssd king as fupreme lord of Ireland. By this poli- tical ftep, Donogh Cairbreach foon reduced Ki brother Mortogh Fionn, who was always the de* tlared enemy of the EngKfh, and made him a prifoner ; but after folemn promifes of future obedience he granted him his Kberty in the fsme year. For the truth of all thefe fa^s, fee the annals of Innisfallen at the year i2i r. In 1214, he united his troops of North-Muniler with the combined Englifh forces of the provinces of Munfter and Leinfter, to fpoil and lay wafte the territories of Defmond, and reduce the Eugenim families under the Englifh yoke ; in this projed he did not fuccccd to his fatrsfa£tion, for the Eugenians under the command of their prtnct(n| king Dermod Mac Carthy furnamed Dum- droighnin, fupported the war againft them with great refolution and firmnefs. But towards die latter end of the fame year, by the inteftitie quarrels of the faid Dermod Mac Carthy, and Ms younger brother Cormac Fionn, contending with each other for the fovereignty of Dcfmond, the Eng!i(h, under pretence of affifting cither the one or the other, but determined to ruin both, flocked
into
ILLUSTRATED. 603
Pefmond, and planted thcmftlves in the weft toe county of Corkc, by building a vaft num-
of caftlcs in different parts of the country : nanoes of thefe caftles as well as of the En* I who built them, are to be feen at large in the lis of Innisfallen at the year iZi^^ 1215, 8rc ppears there was fome noifunderftanding be« sn faid Donogh Cairbreach and the Englifh bme time after; for, A. D. 1236, Maarioe -Gerald, lord juftice of Ireland, and Fits- niam committed great hofiilities in Thomond. D. 1242, Donogh Cairbreach O Brien died^.
was folcmnly interred in the church of Kil- B. This third Ton of Donal Mor O Brien le anceftor of the Thomond branch. It is to ^bferved, that this Donogh's alliance with the lifli, which he firft entered into for the better sorting his quarrels againft his brothers^ be- t very fatal to himfelf and his family. It the Englifh an opportunity of difpoflfef'
him of the town of Limerick and its terri- 8, by which revcrfe of his fortune, he was red to fix his refidence at Cluainramhad near 16 in the country of Thomond ; the fuccef. in the fovcreignty or chief command of that itry continued however for fome generations s direct defcendants to the prejudice of Mor-
Dall's pofterity ; in the fame manner, that gan with his anceftor Turlogh fon of Der* ., and continued in his family to the prejudice liofe of Connor na Catharach«
4 .Mortogh
6c4 THE LAW OF TANISTRT
4. Mortogb Eionn, who was a warlike prince and always a profeflbd enemy to the Eoglilh adventurers. We do not find in our annals wbt party he joiued during the dvil wars of his ekkr brothers Connor Ruadh, and Donogh Cairbrcacfa; but A. D. 1 198, be dethroned his brotber Connor Ruadh, who then had the afcendant, and bad Umfelf proclaimed king of North-Munfler^ He oblig^ ail his brothers to give their sfleot to that proclamation and acknowledge him their fovereign. A. D. laoo, he marched at the beai of the Dal-Caflians, his brothers Connor Ruadh and Donogh Cairbreach ferving as officers under him, againft the Eugenians, whom he grcatij faarrafled, and flew AuiiflfO Donovan diiefof that family with many others of the Eugenian nobiJity, After which a peace was concluded between him and Donal Mor MacCarthy, fumamed na Curadh, king of DeUnond, by the mediation of Mahon O Heney archbifliop of Cafhel, who was the pope's legate in Ireland at that time. In 121 1, he was dethroned and made prifoner by his hrcAia Donogh Cairbreach, afiiiled by King John's forccsi as above explained, and foon after fet at liberty upon conditions of being obedient to the (aid Donogh. Not long -after, he became very powerful and commenced hoftilities upon the Englifh, fpoiled their fettlements and flew many knights; infomuch that they were obliged to apply to Connor O Heney bifliop of KiUabe, to make peace with him : by the intereft and mediation of this prelate, they even obtained liberty to build the ftrong caftle of Rofcrea to
fcnrc
ILLUSTRATED. 605
e as a barrier againft him AD. 1213. Id ^ear following he was again obliged to humble felf to his brother Donogh Cairbreach, who
powerfully af&(ted by the EngliQi againft his Rft. We have no information from the als concerning the reft of his life ; whether he Ic any efforts for refuming the fovereignty, or ler' contented himfelf with a private rank)
certain it is according to the faid annals t he died, A. D 1239. This fourth fon of nal Mor O Brien is the anceftor of a family ifae O Briens known under the name of Clana irtogh Fionn ; they made fcttlements for them« ^es in Ive-BIoid, as did the children of the eft fon of Donal Mor, as alfo thofe of his h fon of whom I (hall now begin to give fome orical account.
5. Turlogh Fionn, of whom the annals give hiftory 5 but he left pofterity who were diftin- flied by the name of Clann Turlogh Fionn, crwifc called Fionn Bloidig. They had their ilements in conjundtion with the children of ir above mentioned brothers Mortogh Dal and 3rtogh Fionn, as alfo with thofe of Dermod >nn fon of Dermod king of Munfter of whom ore, to the eaft of the river Shannon in the mtry thencalled Ive-Bloid, now comprehending I and Lower-Ormond. Of this entire country defendants of Turlogh Fionn were the prin* >l lords and proprietors, thofe of Dermod nn being the next to them in power of all thofe Brien families now mentioned. They were chief fupporters next to the Earl Thomas de
Clare
6o6 THELAWOFTANISTRt
Clare and his fon Sir Robert, of the children of Brien Ruadb, in their tedious and bloody war againfi the children of Teige Caoluifge for the fovereignty of Thomond j but when the vidbry favoured the latter, A. D. 1318, by the untimely end of Sir Robert de Clare and his fon, they were unnaturally and moil ungratefully ufurped upon and turned out of their fettlements in Ive-Bloid, both by Brien fon of Donal, fon of Brien Ruadb, and by Mahon fon of Brien, fon of Donal Cao- nachtach's children, who jointly made a conquefi of the mod of that country for their own poftcri* ty. This hiftorical (ketch will, I hope, very abundantly account to the reader for the vafi number of O Briens now living in different parts of Ireland, who think themfelves derived from the branch of the above Brien O Brien, called Mac i Brien Ara : not knowing in the mean time, that this country was the common receptacle and place of refuge for all thofe families of the O Brieo name, that had been out of favour with the reign- ing princes or had any juft title to difturb their own often ufurped reigns, or to difpute the fo- vereignty with their children ; which had beeo often the cafe. Nor fhould thofe difperfed 0 Brien families value themfelves the lefs for not having deduced their origin from the above Brien O Brien, fince they had been more antieot poffefforsof the country of Ara, than the Aid Brien, and confequer.tly entitled in all jultice toi rank fuperior to thofe latter poflcffors of An. But VI e (hould be the lefs furpriled at this revolu- tipn in prejudice of the united defcendants of
Derrood
I LI4U ST & ATED. 6Qf
od Fiona OBricn, and the now mentioned f Ponal Mor O Brien^ gs the children of tnnod Fionn were guilty of a like uforpa- pen the defcendants of Connor na Catha-* as hath been explained in its proper place. &fe different revolutions are very plainly to iderftood from the often cited annals of rnach's continuator, thofe of Innisfallen^ ecords of the Mulconnerys, and John ith's hiftory called Caithreim Thoirdhelbhaig t exploits of Turlogh O Brien and his en^ written, A. D. 1459, concerning the >f Tbomond, from the year 1267 ^^ i3<8* ind in the faid hiftory of Magrath, that the onnegans, who, according to antiquaries, )S what they called Earnian defcent and the t kings of Ara, were deeply engaged in wars of Thomond in favour of Brien b's family ; at which time they fiill retained Gonfiderable landed properties and were held rank of dynafts or lords in Ive-BIoid ; yet ir no more of them or their poflefHons in after the time thofe they were fighting for rtled themfelves in that country. Donal Conachtach, fo called from his having lurfed and educated in Connaught ; he left lerous pofterity known by the name of Clann 1 Chonnachtaig ; their firil poflfefiions were ; north-weft parts of the county of Clare, lich Brien the fon of Donal Conachtach ofleffcd, A. D. 1267, when he and his bro- aflifted O Lochlin againft Connor O Brien
ned na Siudaine, king of Thomond, of which
here-
do8 THE LAW OF TANlSTkT
hereafter. At the firft arrival of Earl Thomas de Clare in Thomond, to affifl Brien Ruadhin " the year 1277, Mahon O Bricn fon of faid Bricn andgrandfon of Donal Conachtach, joined that Earl's party ih the wars, and thought proper lo pafs patents from his fon Sir Robert dc Clare of the efiate of Inchiquin with its appurtenanas, holding his principal manfion-houfe at the fame time in that iiland. He poflefled a large trad of land in quality of faid Clare's fiefee, which ex- tended from the place called LeimConcullin in the weft of the county of Clare all the way toCill- Mac-Duagh. This Mahon had a fon called Donal O Brien, furnamed An Bhearla from his fpeaking the Englifli language. Butafterthe untimely end of his benefadtor Sir Robert dc Clare and his fon, as alfo of faid Mahon's two fonsatthe battle of Difirt-0-Dea, A. D. 1318, he and the reft of his family tranfplanted them- felves into Ara, as hath been explained in the preceding paragraph. In a genealogical Irilh rtianufcript copied in the year 1 7 1 4, I find thit John O Brien was then the dircdl reprcfemative of this branch, and ftill enjoyed a part of the family eflate which is called Cluain-i-Brien in Ara, where he refided. And I am informed, ihat one Kendal O Brien now living is the grandfon and heir of the faid John O Brien ; his defcent from Donal Conachtach is fet down in the fame manufcript according to the following ferics; John fon of Teige, fon of Morrogh, fon of Mahon, fon of Teige, fon of Donogh, fon of Donal Duff, fon of Donogh an Ghleanna, fon of
Morrogh
i L L u s r k A T E li. 609
Morrogh Riabhach, fon of Donal Glas, fon of Turlogh, fori of Bricn, fon of Mahon, fon of Bricn, fon of Donal Conachtach.
7. Brien furnamcd Boirneach, from his having been educated at Burren ; from whom defcended the family called Clann Brien Boimig. 8. Con- nor Guafanach, from whom the 0*Briens called Clann Conch iibhair Guafanaig. 9. Dermod Fiod- hnuighe, anceftdr of the 0*Brien family diftin. guifhed by the name of Clann Dermod Fiodh- nuigh. The annals of Innisfallen inform us, that Donal Mor O'Brien had a daughter by name Mor, who was married to Cathal Croibhdearg king of Connaiight, fhe died according to the faid annals^ A. D. 1217.
DONOGH CAIRBREACH 0*BRIEM.
Donogh the third fon of Donal Mor O'Brien had the furname Cairbreaeh, from his having been educated in the diftridt of Cairbi'c-Aodhbha now Kenry in the county of Limerick. According to the Leabharlrfe of the Mulconnerys^ with which the books of the herald's office, and lord Inchi- quin's pedigree agree in this point, he married Sadhbh or Sabia daughter to Donogh 0*Kinncdy of Ormond, furnamed na Fithchillc from his (kill in f>laying at chefs. By her he had five fons, viz. I. Connor na Siudaine, who commenced his reign immediately after the death of his father Donogh Cair breach, A. D. 1242. The annals do not furnifh us with any material events tranf- ad\ed by him during his reign, except ihatof ob- liging the dates cf Ive-Bloid and Ormond to pay
R r him
tfxe THE LAW OF TANISTRT
• •*
^qs hoMtgg W>4 ddwer haftaget fee thai fattK
qbedtenoey A. D. ia66. In the jte fiolkmi^
he nuurdied into Bumm at the head oftheliihc
called Cmeal FearmaiCt whoTe cbieb were da
P^Dmand the O'Httdiirs, todied^tbe dfdb
4i^GCfof the peopte of Bunco, who betriogof
theimall body of troopa he comniaiided in oricr
^rediice them, jpioed themiSdTei to die duidica
of Donal Conac^ti^ under the commind d
jCponor Carradi O^Log^blia king of Burreo, aal
jgaye him battle at a place called Sudiiii, wboe
he. was l^Uledy A. D. ia67 i from whidi phoe
c^ Ua death pofterity gave Urn die fumanie ofa
Siu4«ne ; his body was fotemnly interred iads
abbey of Corcam-Ruadb, wheran agrend moor
ment was raifed to his hoDour, the lemsiniQf
which are to be fecn to dus day. a. Tvlqg|i|
who died widiout iffue, A. D. 1042* 3. Mocto||h,
4. Deniiod, 5. Teige DaU 1 <^ali whofe pi&-
fity we find no mendon.
' The annals of Innisfallen give ua to underftmd,
that Donogh Cairbreach had a daughter cilkd
Sadhbh or Sabia married to JefTcry O^Donoj^
prince of Lough-Lein : and that they were boA
burned together with fome of their children ini
friends by Pighnin Mac Carthy fumamed Ranoi
Rion, fon of Donal Got Mac Carthy, prince d
Carbury, who fet the houfe on fire about tfaemi
A. D. 1253. See the annals of Innisfallen at thit
year. This laft mentioned Eugenian prince, to
remark it by the bye, was the moft formidable
enemy the Englifli ever met with in Munftcr;
for befides defeating and killing great numben
of
ILiuSTRAtED. 6n
bf thiem in different reitcounters^ he demolilhed nil the caftles they had built in the fouth weft part of Muniler fiitce their firft eftablifhtnent in thofe parts to hid Ximi.
CONNOR NA SlUDAINE 0*BRIEN.
Connor na Siudaine the eldeft Ton of Donogh Cairbreach O^Brien, accorditig to the concurring tefti monies of all our often cited genealogical re^ Cords, mdrried Mor the daughter of Mac Con prince of Ive-caifm in Thomond and anceftor of the Mac Namara ; by her^ according to the Mul^ tonnerys, he had three fohs, viz. i. TeigeCao* luifge, who was an active and warlike prince ; he fignalized his cotirage in a pitched battle fought iagainll the Englifh at Limerick, A. D. 1 25a ; in which he gained a compleat vi^Story and flew ma-> tiy knights ; after he wais called Caoluifge from his rejecting the wages or fubfidy offered him by O^Neil as an earheft of the fubordination and obe<^ dience which that prince pretended a right to from this Teige and other Irifli nobles, convoked by way of a national aflembly to appoint a diief king againft the Englifh, at a plaoe called CaoU uifge in Uliler; He died before his father, A. t). 1255.
2. Brien Ruadh, who was folemnly inaugU'* rated and proclaimed king of Thomond immedi*^ ately after the death of his fSather, A. D. 1267^ which he enjoyed without the leaft controul, ordif- content on the part of his fubjedts until the year 1 276 ) 2t which time he was dethroned by his ne-
R r 2 jphew
6i2 THE LAW OF TANISTRT
phew Turlogh fon of Teige Caoluifge affiftedb; fhe two powerful fa£kiona of Cbmo Cuiictn ^bofe chiefs were the Mac Namaras, and ofCineal Fearmaic whofe chiefs were the O^Deas. Afta his dethronement he fled to Corke, and there Ix- fto wed upon the Earl Thomaa de Clare, com- mander of the Englifh forces in Munfter, aod upon his heirs, by a folemn a£t, all that part d Thomond which extends from Limerick to the place called Ath-Solats, in confideration of his coming at the head of his Englifli troops to mxt flate him in his kingdom. A. D. 1 277, Tbomi de Clare marched to hia affifiance, and having re-eftablifhed Brien in his kingdom of Thoroood, he built a (trong cafile at Bunratty, and thca fpoikd the country. Turlogh O'Brien afliftcd by his own friends in Thomond and by the Burks, the 0*Kellys, and the O^Madagans from Con- naught, gave them both battle on the plain ctlkd Magh*Grefain, where Clare and Brien Ruadh were defeated after a great (laughter of the Eng- lifli, among whom Clare's own brother-in-law, the fon of Fitz-Maurice of Kerry, loft his life The Earl's wife and father-in-law provoked it this lofs, obliged Clare to put Brien Ruadh to death for his having been the occafion of the bat- tle. This treacherous and ungrateful adt was in- ftantly perpetrated by the Earl, at his own caftlc of Bunratty, A. D. 1277. 3. Mortogh of whofe pofterity we have no account.
BRIEN
ILLUSTRATED. 613
BRIEN RUADH 0*BRIEN.
Brien Ruadh the fecond Ton of Connor na Siu- ainCy according to the Mulconnerys, had five <<>ns, viz. I. Donogh who difputcd the fovcr- ^ignty of Thomond after the murder of his father, . D. 1277, againft Turlogh 0*Brien ; but he foon after driven to the neccflity of applying o Donal Mor Mac Carthy king of Defmond to come mediator in his favour. Donal complied^ 3xrith his requeft, came with him in perfon to TThomond, and obtained for him the weft half of That whole country, while his colleague Turlogh ^hofethe eaft moiety, A. D. 1280. He was not- ^withftanding obliged to take refuge in Connaught, A. D. 1282 ; but returning the fame year, he furprized Turlogh's forces in their camp at Sliabh- Eibhle, yrhere he flew many of his nobles and men, by which adlion he recovered his divifion of the country of Thomond, as before. A. D. 1283, ^^ ^^s furprized in his turn by Turlogh and his party, and while he was bravely fighting againft numbers, hishorfe being killed under him on the banks of the Forgus, by this fatal accident he was plunged into that river and drowned. 2. Mortogh. 3 Donal, who was anceftor of the fa- mily of Mac i Brien Ara. 4. Teige Ruadh. 5; Turlogh who was baniftied from Ennis by the fons of Teige Caoluifge, A. D. 1284, and died in 1305. Magrath's hiftory mentions, that Brien Ruadh had another fon called Brian, who greatly harraffed the adverfe party, A. D. 131 1, and
brought
6i4 THE ^Alf Of TAiriSTltT
brooght awty confidertUe fpoik fiom Teannoi Cronuii eaft ward of In^hiquip iq tbe fiune jm.
iThe above Donp^ ddeft fop of V^nea KvaS^ had feiqr foiu^ viz. i. Dermod who was Ipif of Thpmoad, A.D. 13111 ip the year licfpfedit epoch bring affifted by Sir Hobat do Ciait| k h$d reduced the p^Deaa apd the O^Giadyii M obliged them and theif r^paftive ftatei to affil Mm againft his antagpnift Dobqi^ elddt fimoC Turlogh O^Brien then retgning kii^ of Tho- moad. In i3iit be and Sir l(ohert dftOaic iFougbt a bloody battle againft ^id Qdqo^ b^l^en and Richard de Surk of Conoaugjht, oar the caftle of {[unratty^ where (aid R^isid de Bark was made a prifoner and a corapfete y^Siatf graijod o^ his party, After t|iia» Dcraod burned the refidenoe of Dcmog^ O^Briea a Cluanrainhad^ and after the oiurfler of faid Do- Qogh in that year^ he was inaugurated and pro- claimed king of Thomond. He then ban^ Mortogh O^Pricn faid Donogh*s brother in Cun- naught, who made feveral bold attempts to re- trieve hie af&irs in Thomond, but was always repaired with great lofs by this prince. Dermod P*Bricn died in the year 1312, being then fok king of all Thomond ; %. Mahon Dpnn, 3. Teige ; thefe two princes were made prifoners of war by Mac Con Mara, and confined in one of Richard de Burk*6 caflles in Connaught, A. D. 131 1 ; 4. Connor an Fhafaig, who was treache- ipufly killed by the Englifli, A, D. 1309, 5.
Murtogh
ILLtrSTRATED. tfi;
l^ortogh Garbhy who was flain together with hit Ixrother the above Teige at the battle of the ab- fcey of Corcamruadh^ A. D. 1317.
Donal the thirds fon of Brien Ruadh^ had tfiree fons, according to the Mac Brodins and the l^ulconnerys ; viz. i . Donogh, a brave and ^irarlike prince, who immediately after the death 4of his oHifin german, the above Dermod king of Tbomond, fought the battle of Tulagh-O-Deat A. D. 1312, againft the forces of Mortogh O^Brien, aflifled by the Burks, the O'Kellys, snd the O^Madagans of Connaught, together with the Butlers and Cummins of the province of Munfter. But being unprovided againft that battle, he was foon routed, together with his bro* ther Brien, to Bunratty. Not long after he gained the afcendant in Thomond, and banifhed Morto^ O'Brien and his brother and all their party a fecond time into Connaught. After which he was folemnly inaugurated king of Tho- mond on the plain called Magh-Adhair, A. D. 13 1 3. In the year following, by the powerful mediation of the Burks and Butlers, as well as the -- O'Kellys and other Irifh Conatian princes, be di- vided the kingdom of Thomond into two equal parts, whereof he ceded the eaft divifion to Mor- togh O'Brien. In the end of the year 1315, af- fifted by Sir Robert de Clare, he baniftied Mor- togh a third time into Connaught, fo that Do- nog^ became again fole and fupreme king of Thomond. But being forfaken foon after by Sir Robert and fome of his beft Iri(h friends, he was in his turn banilhed out of Thomond. In this diftreft of his afia'urs towards the end of the fame
year,
>t6 THE LAW OF TANISTRT
TfHUF, he went into the prpvince of Ulfter to d^
^ the affiilance of Edward Bruoe, broiberto
the king of Scotland, who was then comnuniif
yiolent adts of hostilities i(t the head oif a nunx-
irons army in Ulfter. That Scotch invader did
pot thin^ proper to come with Donogh thisyor,
but upon hi^ fecond defcenty A. P. 1316, the fiud
l^nogh conduced biin to Cajhel, and thence ti
Apnach, and after that to Caflle-Conuing. Ncir
this place the troops of Mortogh p^Bricn, aflified
by the Englilh, hindered thpir paflageover the
Gannon. This check joined with other drcum-
fiances determined Edward Bruce to retunito
yiftcr^ leaving Donogh O^Brien and his frieodf
to (hift for themfelves. A. D. 1 3 1 6, Donogh
was taken into favour again by Sir Robert de
Clare for political reafons, and by that means re-
ftored to hi$ weft em moiety of the fpveragnty q(
.Thomond. He was (lain at the bloody battle of
the abbey of Corcamruadh, fought againft him
by Dermod 0*Brien, the brother of Mortogh, lo-
gether with his ion Brien Bearra^ and almoftall
ibcdefcendants of Brien Ruadh, A. D. 1317. It
is particularly remarked in Nlagrath^s hiitory,
out of which I have taken all the above accounts
of Brien Ruadh and his family, that this prince
fell by the hands of Feidhlim an Oinig O'Connor
prince of Corcamruadh, who joined the part) of
Mortogh 0*Brien and his brother Dermod againft
him, notwithftanding his quality of fubjedt ortri"
butary dynaft to faid Donogh O'Brien, as his
country was comprehended in thp well divifionof
Thomond.
2. Brien
I L t U-S T R A T B Di $17
2. BrienkingofThornond, who was colleague /
and co-partner with his brother in all the different revolutions and changes of his fortune, as hath been now explained. But he very happily fur- J^ivcd the battle of the abbey, wherein he perform- ed great exploits. In 1318, being ailifted by 0*Carrol king of Eile, he gave battle to the unit- fsd forces of Mortogh 0*Brien, Sir William Burke of Connaught and the Butlers of Ormond, whom he put to flight, and gained a complete victory. After this battle he gained ground in Thomond, and commanded the Irifh troops at the battle of Difirt-0-Dea, in which Sir Robert de Clare was killed by the bands of Connor O'Dea prince of Jhat country, and faid Sir Robert's fon by the above Feidhlim an Oinig 0*Connor, and the vic- tory favoured Mortogh 0*Brien and his party. In the fame year this Brien 0*Brien and Mahorf the grandfon of Donal Ponnadach 0*Brien made aconqueft and fettlement for themfclvesand their children in the country of Ara, and expelled the O'Briens called Fionn Bloidig, who had been their conftant friends and fupporters during thefe tedious wars, as above explained. In which un- dertaking they were favoured and afliftcd by Mortogh 0*Brien, with a view to remove hismoft formidable enemies to that diftance from his own quarters. The chiefs of the family of this Brien, fecond fon of Conal third fon of Brien Ruadh, have ever fince been ftiled Mac i Brien Ara, from the name of that prince.
The Mulconnerys give us the following genea- logical account of this Brien and his chief defcen-
dants
Kit THE^LAW or TAMISTIT
dants and their wivca, vik. Maigiiet the daag^ terof Turlogh Duff Mac Mahon waa diew& of Donal O^Brien and mother of the now n» tioned Srien O^Brien. Brien'a wife waiAe daughter of Henry Burk, by whom he had Mor- rbgh Na Reithinidhe. Morrog^ married Mor the daughter of O'Kinnedy, by whom be hi Turlogh. Turlogh married Onora the dau^ of Barry Oge, by whom he had Teige. Tdgrt wife is not mentioned, his f(m*aname wasDooil Mor, whofe fon by name Morto^ Caoch hid t fon called Turlogh, who was diftinguiflied b^the title of Mac i Bricn Ara, and chief of that brandi. He married Mor an Uabhair O^Carrol daogjiter of Donogh fdn of John O^Carrol of Muiriarog^i by whom he had five fons, among whom be made the following gavel of his lands of Aia ac« cording to the Mulconnerys, viz. i. Donogfa who died before his father and left no male iflbe having but one daughter^ had no (bare in the p- vc).
a. Mortogh, who was ftiled Mac i Brien An and chief of that branch. He poflefled fevcnl caftles, among which was that of Caftletotn whereat the chiefs of the family alwaya reiided, u alfo the caftle of Cahir Conchdbhair, formerly one of the Regal feats of Connor Na Catharacb is above mentioned, and the caftle of Moinruadhaod the caftle of Palace, together whh all their kndi and appurtenances. The Mulconncrys ftUe dsi Mortogh bilhop of KiUaloe ; and in cffca we fiad that his temporal power and influence engptged queen Elizabeth to attach him to her own iDt^
rtfi,
^v
V L I, U 3 T R A T E 9/ fig
f efty by namiDg him prqteftant biihop of Kiilaloe, Whofe revenues he enjoyed according to Sir Jamea Ware from the yedr 1570 to 1613. Mr. l^odge gives the follpwing further account of this firft proteftant bifhppof Killaloe and his defcendants ; Vis. That he married Slaine daughter to Lord Inchiquin and left Sir Turlogh his heir, John who died childlefs, and three daughters. Sir Turlogh ^ac i Brien Ar^ was advanced to the dignity ef a baronet by patent from king James the firft^ ftSth February, i6a3, and died without tflue in l62i^. His wife was fifler to Daniel O'Brien of Annagh. He left three fillers his coheirs, vi;, pnora married to Lewis WaUh, Efq ; Margaret to Thomas Tyrell, Gent, and Mor NTy Brien to > Butler, to all whom a fpecial livery was
granted of their inheritance 22d May, 1629. ^/Ir. Lodgpe gives no account of this blfhop's an- peftors, nor of the fucceeding chiefs of the family of Ara to the prefent time.
3. Turlogh Carrach, who poflefled the caftle of 'Bealanatha and that of Cnocan-an-Einfinn to* gether with their appurtenances. 4. Teige Na Buile who poflefled the caftle of CiU-Colmain and it's appurtenances. 5. Morrogh an Tuagh, who poflefled the caflle of Tuath-Eafagreine and it*s appurtenances. Thefe three laft mentioned bro- thers were bound to pay aU4(.ind of homage and obedience to Mortogh tfieir elder brother, and depend on him for protection of their rights againft their enemies. The fame records of the Mulconnerys take notice, that this was the third gavel or divifion that had been made of the princi- pality
6ao THE^LAW OF TANISTRT
pality of Ara from the firft conqueft of that coun- try by the above Brien O'Brien, grandfon of Bricn Ruadh to the time of this Turlogh O'Brien and his children now mentioned.
TURLOGH O'BRIEN.
The father of this prince, who was Tcigc Caoluifge the eldeft fon of Connor Na Siudaine, according to the Mulconnerys, married Fionn- duala, or Fairhaired, daughter to Kinnedy O'Brien fourth fon of Kinr\edy, who was the fifth foncf Morrogh furnamed of the Steeds, of whom above in the reign of Donogh O'Brien. The carl of Inchiquin's pedigree makes her Fionnuala the daughter of Kinnedy, without mentioning his furname, which would lead one into the error of thinking him an O'Kinnedy. The books of the Herald's office juftly call her Fionnwola daughter to Kinnedy fon of Kinnedy fon of Morrogh an lona (rather Na Neach) O'Brien.
This Fionnduala O'Brien, according to our Leabhar Irfe of the Mulconnerys, bore two fons for Teige Caoluifge O'Brien, viz. i. Turlogh from whom thehiftory of John Magrath, enliilcd Caithreim Thoirdhealbhaig, or. the exploits of Turlogh, takes it's name, as already (ignificd. A. D. 1276, being encouraged and afliftcdby his friends and fofterers, he dethroned his own uncle Brien Ruadh king of Thomond, which circumftance gave the firft fooling to the Engliih In that principality, as appears from the preced- ing account. After the unhappy death of his
campetitor
ILLUSTRATED. 6zt
competitor Donogh fon of Brien Ruadh, A. D. 1283, he became fole prince and fovercign of Thomond ; banifhed faid Donogh's brother Tur- logh Oge out of his feat at Innis-An-Laoi, and built a caftle in the fame place, A. D. 1284. In the year following he fpoiled and laid waftc the entire diftrift of Tradaruighe with fire and fword from the river Shannon to the fea (horc and from Tiobraid- Na- Huinfion to the very walls of Bunratty ; that is to fay, through the whole extent of the poffeffions of the Englifli in Thomond in thofe days. A. D. 1287, he gave battle to the earl Thomas de Clare commander in chief of all the EngliQv of the province of Mun- fter, whom he flew together with Gerald Fitz- Maurice, Sir Richard TaafFe, Sir Richard Dc* cciter. Sir Nicholas Fcling,aftera general flaugh- ter and deroutc of the Englifh fubaltern officers and common foldiers. A. D. 1 304, he recdvcd hoftages from the different Irilh princes of all North- Miinfter, and broke down the EngliOi caftles of Cat hair- Cinnlis, Inis-Auliffe, Fiodhr Mogain, Magh-Nailbh, Bealach-Eachaille, and Galbally, and put the different garrifons to the fword. A. D. 1305, he laid a clofe blockade to Bunratty, drew lines of circumvallation round the caftle, and erefted a bridge of timber, which ex- tended oVfer a neck of the fea for the commodious battering of the faid caftle, and would have foon obliged Sir Robert de Clare faid earl's fon to fur- render, had he not offered him his own condi- tions of peace. A. D. 1 306, he died at his caf^ lie of Innis-An-Laoi and was folemnly interred in
the
6it TrtE LAW OF tANl^TRT
the abbey of that place^ which he had bmlt nak long before.
2. Donate who waft a prince of great Tiloar and well (killed in the art of war. A. D. 1176. be fought ihe battle of the Abbey of Clare agiioft Mahon 0*Brien the grand fon of Donal Con- nachtach and the tribe called Cineal-DongiSe, whofe chief was O^Grady^ and defeated them very fignally . In the year following he furpriad and defeated the Englifh auxiliariea who were coming to the aid of the Earl Thomaa de Cine for whom he waited a confiderable tinoe at die entrance of a wood called Coill-Dniingei hj which means he baffled the fchemes of that Eiii^ and obliged him for his own fecurity to renoanoe the inteicft of his favourite Donogh^ (on of Doui third fon of Brien Ruadb^ and evea to huiKh that prince into Defmond* He was viUanoolIy Aabbed with a poigdard in time of peace by ta Englitti foldier belonging to the garrifon of the caftle of Qiiinhte, A. D. i aSo. The hiftoty of Magrath mentions that he had a fon who diftin- guKhed himfelf in thefe wars. We ha?e 00 further accounts concerning him or his
DONOGH O'BRIEN, MORTOGH O^BRIKM, and DERMOD O'BRIEN, kings of ThomoixL
The above Turlogh O'Brien the eldcft fon of Teige Caoluifgc and father of thefe princes^ marri- ed Sadhbh or Sabia the daughter of Philip foo of Giolla Caoimhgin O'Kinnedy^ according to the
Leabhir
ibhar Irfe of the Mulcoonerys. The books the herald's office call her Sadhbh or Sabina ighter of Giolla Caoimngin^ fon of Kinnedy irien. The Earl of Inchiquin's pedigree ikes Orlaith daughter of Donat Mor Ma^ rthy his wife, and the mother of the above irtogh : and 1 have feen another pedigree writ* i in Irifti, which afligns him as wife and mother the faid Mortogh, the daughter of Cumheadha IT Mac Namara. The Mulconnerys mention^ t Turlogh O'Brien had five Tons by the above ned daughter of O'Kinnedy, viz. i. Donogh
0 was inaugurated^ing of Thomond, at Magh- hair foon after the death of his father, A. D* nS. In 1 309, he defeated the forces of Der« d fon of Donogh, Ton of Brien Ruadh and fe of the O'Briens of Ive-Bloid or Ara, and IV Donal O'Grady chief of the tribe called leal-Dongaile, with feme other nobles of dif«- Slion } after which he marched to the affiftance
Sir Richard de Burk in Connaught, and render- him great fervices in reducing the Ciann-Muir- artaigs and Fianachtys, and fpoiling their intry . In 1 3 1 1 , after his defeat near the caftle Bunratty, and the taking of his good ally chard de Burk prifoner at the fame battle, he m after rallied his troops, and marching to take renge of his enemy the above Dermod for this feat and burning his palace of Clonramhad^ he IS inhumanly murdered at a place called Gleann* ioin by Morrogh O'Brien furna med Mainchtn
1 of Mahon, fon of Brien, fon of Donai nachtach who was one of his owagenerals, and
in
626 THfeLAWOFTANISTRT
in whofc fidelity he moftly confided. The Leabhar Irfe informs us, that he had bcftowcdtb revenues of his principality for one year towards the fupport of the poor friars of the abbey of Ennis and for enlarging and adorning the faid abbey.
This Donogh O'Brien the eldefb fon of Tur- logh, had a fon called Brien O'Brien, who was not powerful enough to vindicate his right lo the fovereignty of Thomond, either for himfelf or his children, after the long reigns of his two uncles Mortogh and Dermod O'^Bricn, hereafter to be accounted for. He >^as anceAor of the O'Brien families, diftinguifhed by the naroccf Siol Briain na Gceail, and Glean na Caoin ; theie two branches of Donogh's pofterity I find areftili fubfifting, though in an obfcure and indigent manner, having long fince been deprived of their eftates by the general misfortune of the tiro«. As thefe O'Briens confiitute the direcl line of the Thomond branch defcending from Teigc Cac- Juifge, I therefore have cau(fd particular enquiries to be made in the county of Clare concerning the O'Briens of this line, and whether any reputed reprefentative or chief of the whole family may ilill exift. After the ftri£\eft refearches, I have lately received the following information from a perfon of undoubted veracity and credit, as wet as knowledge in genealogical affairs, viz. that Mortogh O'Brien whom my informant perfonally knew, and had lately fpcjken to at Gleann-Caoin iin the county of Clare, is the undoubted and tnie reprefentative of the O'Briens of Gleann-Caoin; .:. and
4tLtJStfeAtE0. eng
tthd that he has a Ton by name Donogh b Briefiiy who now or lately lived in Dublin, in rather a lo^ than an opulent condition* that the faid ^4ortogh*s father was Connor O Brien the fon of Donogh^ whbfe father was Brien fon of Connor O Brien, who was tlie laft poflcflbr of the family cftate of Gteann-Caoin, and whofe genealdgy is recorded in fcvcral old matiufcripta now in my poflcflion • wherefore the whole pedigree of the above Mortogh and his fon Donogh traced up to Teige Caoluifge proceeds according to the fol- lowing feries \ Donogh O firien fon of Mortogh (boih now livinjg) fon of Connor, fon of Ddnoghj fon of Brien, fon of Connor^ fon of Brien, fon of Connor, fon of Brien, fon of Mortogh, fon of Turlogh, fon of Brien, fon of Donogh king of Thomdnd^ tWeft fon of Turlogh fon of Tejge Ca^ oluifge. 1 am alfo well informed^ that feverjal |)articular perfons of that other branch of Donogh*s . pofterity <vhich Were tailed the O Briens of Deall, tlo ttill eiift in the faid coiinty of Clare.
2. The above Mortogh, aiiceftor of jhe laft l^rinces and Earls of Thomond, who after the unhappy death of his elder brother Donogh O Bricn^ iVas fupported by Fitz- William dc Burk in the fuccelTion to that principality^ and inaugn^ rated at Nt^gh-Adhair, A. D. 1 31 1 , but not being Able to withftand the power of Dermod, grandfon of Brien Ruadh> he fled for refuge into Burkfs country, as has been before explained. A. D* 1311, he obtained an equal divifion of tb< country of Thomond from faid Dermod by the interdl of his faid allies, and after the demife of
S f hit
626 THE LAW OF TANISTRY
his colleague in the fame year, he became very . powerful. A. D. 1 3 1 3, he defeated the forces of Donogh and Brien O Bricn the grandfons of Brien Ruadh at Tulach-O-Dca, where Morrogh Maincin O Brien the aifaffm of his brother Donogh was flain by the O Kelly s of Connaught his auxiliaries. Notwilhftanding this victory he was foon after forced to quit Thomond. In 13 14, he was greatly harraffed in feveral fkirmifhes by the Engiilh of Ormond ; after which he was generoufly entertained by the Burks and the *^ O Kellys of Connaught, and returning, A. D. 1314, he burned the Engiilh town of Bunratty to the ground except the caftle ; but by the defertion of O Shannaghan and his tribe called Cineal- Rongaile, he was obliged to refuge himfeJf in Connaught as before. A. D. 1315, he made peace with Sir Robert de Clare, by which means he foon routed Donogh O Brien his chief advcr- fary into Connaught and obliged Brien O Brien his brother to take refuge in the ifland of Innis- Cealtragh upon the Shannon.
In 1316, he was chofen by all the Engiilh of Munfter convened at Limerick to command the Engiilh and Irilh troops which were defigned to attack Edward Bruce and his Albanian Scots. In the latter end of the fame year, being en- couraged and accompanied by thcchief Butler of Ireland, he went to the parliament of Dublin to complain of Sir Robert de Clare for always affifting Donogh O Brien the grandfon of Brien Ruadh, who had been the guide and condudtor of Edward Bruce into Munfter, and who confequently
ought
Illustrated. 6x1
dught not to be affifted by any of the king of England's forces againft his own intereft, who at the head of the forces of Thomond had oppofed the paflage of that invader over the Shannon, and had afterwards joined his fubjefts to tht Englifh of Miinfter, aflembled with a view rf giving battle to the faid Edward Bruce. He returned from the parliament in company with the fame lord Bjtler, A. D. 1317, during which year he enjoyed great tranquillity in confequence of a glorious victory gained by his brother Dermod in his abfence over the defcendants of Brien Ruadh at the abbey of Corcamruadiv A. D. J 318, he narrowly efcaped being made a prifoner of war by Brien O Brien affifted by O Carrol prince of Eile. He foon after difpbf- feflfcd Mahoft O Brien grand fon of t)onal Co- hachtach of his principal relklence in the jflahd of Inchiquin, and Ipoiled hib entire country which extended from Leim*Conchulan to Kill-Mac- Duach. In the fame year he was prefent at the battle of Difirt-0-Dea, where Sir Robert dc Clare was flain by Coilnor O Dsa the warlike prince of Cineal-Fearmaic, and faid Clare's fon Feidhlim O Connor prince of Corcamfiiadh, furnained An Oinig or the Hofpitable, before Mortogh had time to joih them j after which he entirely defeated all ihofe that remained of Sir Robert's party j foon after the battle he pofleflcd the caftle of Bunratty and expelled Brien O Brien. the grandfon of Brien Ruadh, and the above Mahon grandfon of Donal Conachtach, together with their children and friends to Ara beyond
S f 2 the
C^^ THE LAW OT TAHISTRT
^t Shannon as above related i he afterwards tojoycd the fovereignty of Tbbmond in greit liranqujUity, and died A. D. 1333, according to John Magrath'i hiftory .
3. bermbd, who was a brave and military IPrince. The firft mention made of his military ibbc'ploits in Caithreim Thoirdhealbhaig is at the Wleof Tukch-O-Dea, A. D. 1313, where he wounded Mahon O Brien above-mentioned in a perfonal engagement : upon which Mahon and ftis troops retreated with precipitation from the iSeld of battle, and firien Ruadh's defcendants following their example, a general deroate en- tiled. A. D. 1 3 14, he rendered great fervim to his brother Mortogh in Corcaihruadh. And in the year 131 7 9 beir^ appointed regent of Tbo- inond by his faid brother durit^ his abfence at Ihe parliarhent of Dublin, he commanded the ^troops of his rhoiety of Thomond at the often- menVibned battle of the Abbey of CoicamruaiBi, where he gained a compleat vidtory over all the cfefcendants of Brien Ruadh. By which Cngk fi£t of his valour and military conduft he fecured the fovereignty of Thomond in poflfeffion of the pofterity of Tcige Caoluifge. He became king of Thomond, A. D. 1333, after the death of his brother Mortogh and died in the year 1355, according to the above chronological hiftory of John Magrath, out of which I have taken the above ample account of the wars between the two families ot Teige Caoluifge and Brien Ruadh, which began A. D. 1276, and ended in 13 18, as above mentioned. I find no account of this
Dcrmod's
k
Permod*s pofteiity. 4. Connor. 5. Donal fiir^ named Uaijthneacht from his having hecfi nuifed at Owny in the county of Limerick. Of whom I have found no further mention.
MOR^TOGH Q 8RIE,N>
Mortogh O Brien the fecond Ton of Turlogh^ married l^aoin daughter of l^^c Qornaan^ who^ it is faidy was originally of I^agcnian djcfc^iKi! The boo^s of the Hcn^l^Voffice jigrec wit;H thi^ Mulconnerys^ inci^Hinghis wife l^ina daugbtei: oj^ Ma^c Gorman, and mother of Mahon Nfene^^ But the Earl of Inchiquin's pedigree gives him 9fi wife Sadhbh or Sarah the daughter of O ^nnedy, and makes her the tpother of (aid Mahon. Tfaif Leabhar Irfe meatipna, that h^ had three kfis Ijiy his above-mentioned wife Ed^oin, viz. i. Mahon furnamed Maonmuighe from hi^ having been born and eduQatec) in that country adjoining Thor mond in the province of Cqnnaugbt during; thf time of his father's exile. He fucceeded his lii)* cle Dermod O Brien in the fovereignty of X^^ mond. A. D. 1355, notwithftanding ti^fcniority and prior rank of bis coufm german Qrien, Ton oJF Donogh, anceilor of the above family of Cilei^iap caoin, &c It is recorded of this prince in tb? faid Leabhar Irfe, that he obliged the Engliifh.of the county of Limerick to pay him tbi; kin4 of tribute which the Irifh called Dubb Chs^ or Blac|c Rent. He reigned asking of Thonaond for the fpace of twelve years, according tp^be M^lcqfV* ncrys and tb^ chrgnological, pppm qf jgug«iq mV
grath.
^ TBI LfWOVTANISTRT
cf faanqflss's pcd^g^BC pubolJicd bj fLsatn^
tioos, that fats >*ife vs Ae g( apriooeof Lrinftrr dctrmricd fan jcn anbeni king of tbatpcofaKs. Bsr tins wiiicr 4aes ooc fecm to knov^ who (k w cr cf wiat fnmlj ddcoKlcd from the abort king. The poiaa pointed at by Hm widioat docte WIS the abore mninonert Edina dai^ditcf ti Mac Gcvman, vhocn that trairfktor (bonkl flSbei have fiiJed fbe mothrr of Mahoo Meoeij ttar bfi vi£e. A iale Eagfifli wntrr vfao was a foka faaBBBT to tbe idionis of the Iriih laa* imiuta him in that aflertioa, bat vithiliis it dAtiOMX beiwcen thrm that our Fnglilh £s Maboc's wife the daughter of Eanwdi, who was king of Letnfler, accord- lo a& cxv Irih w rirers, at lealt eleven hindred bcf cce Izs caog^ter is fupp: fed to imxvj Maboe Meneiry O Brien ; a very pleafant piece ef chrooctegy ! The Malconnerys aifign fe\'ea to Ma]boa b j Ins w ife Una O Conner, vii. Bnc= furamed Catfaa an Aona*g, who itn- after the dethroneraent and expulfioa ef fais a>de Turlcgh as abc vemennoned, goc hinv fcffprodairoed king of Tbomcnd, A.D . 1570. Is tbe frme year be fought an cbflinate battle at Aooacb a tcwx is Lower-Ornaond againtt his faid ^sack, a£f.ed by the Englifh forces under the crtT>^^ of tbe Earl of Deimond, whom be cmldT xkfeated and rcuied afrer a great daughter of ibdz cficers asd men, and made priibneis of wmr is tbe beat cf the sftron Garret or Gerald FstE-Maxnice, Fa-Thomas, Fit2-Gerald Earl cf
Defroondi
Dtetoond^and tbisl^rd JohaFitz-Hicbaiilt^aiidtlio Uprd John Fiuz^-John wi|h.mapy pthei;En^i(h.0Q- Mm qf the firft rank. Frojn Uiis victory at the bat^ Lto^of Aonacb^ the furname of Caihaan Aonaig has bcen^given to the (aid 3rien. In^ the aanaU of Au<^ B^in Magradoighip o^ which I have an old copy by w%y of fupplement to Tigbernach and his con<- |kiuatur» I find it mentioned) ihat king Richard the fecond of England, being arrived in Ireknd;, 4LD. tS94, thi$ Brien Cathaan iVonaig then made hia addreflbs to ths^t king in the town of Dundalk^ Inhere he paid him homage for his principality of Thomond ; a ftep he doubtlefs judged necefTary foe maintaining himfelf in the poffeSioxi of that eflate againft all future attempts of the Earia of Pf fn;v)nd in favour of the above expelled family^. He was prince of Thomond for thirty-fix year^i, $iccording to the Mulconnerys and the chronolo- gical poem of Eugene Magrath. He died, A. D, i^4o6t and is the anceflpr gf the Earl of Thomond's family.
z. Connor, who immediately after the death of bis elder brother the above Brien, was folemnly inai^uratcd and proclaimed king of Thomond, A. D. 1406, and reigned according to the Mul- connerys for the fpace of eight years ; after which, in 14149 according to the faid antiquaries, he judged proper to refign his fovereignty of Tho- mond into the hands of his nephew Teige na Cle^dh Moire, his brother Brien*s eldeft fon. A rare example of a peaceable difpofition and dif- ihtereftednefs in a fovereign prince of thofe days, ^ivh^n the Taniftic-law and the example of his
predeceflbrs
«34 THE LAW OF TANISTRT
predecefTors gave him a full conflttutional right to that principality. This prince is anccftor of the O Briens of Carrigoginniol or the country called Pobal-Brien in the county of Limerick. He married Mary O Brien the daughter of Tcige O Brien chief of the Counagh family, by whom according to the Mulconncrys he had three fons, viz. I. Dcrmod who died without male iffuc, 2. Brien DufF anceftor of the princes of Car- rigoginniol, 3. Donal, who was bifhop of Limerick according to the Mulconncrys ; though Sir James Ware does not mention him in his catalogue of the bifliops of that fee ; which by the bye, docs not invalidate the teftimony of thofe antiquaries; it being well known, that his faid catalogue is defedtive in fcveral places. In my copy of the I^eabhar Irfe of the Mulconncrys, the tranfplan- tation of this family to Carrigoginniol is referred to the year 1449. According to this chronology it would feem, as if Brien Duflf was the firft poflcflbr of that eftate, although the Mulconncrys as well as Eugene Magrath in his chronological poem give us to underhand, that his father Connor retired to Carrigoginniol with his family in the above mentioned year, that is to fay, thirty-five years after his refignation of the fovereignty of Thomond. I have obferved above from the annals of Innisfallen at the year 1211, that Donogh Cairbreach O Brien king of Thomond, received patents from king John of England for the eftate of Carrigoginniol and the country of Pobal-Brien, at the yearly fee or rent of fixty marks. But I underftand by other records, that
the
%
ILL U STTR A T.E D.r. ' ^35
rs«^ Earls of Defmond afterwards became chi^ latV'ds of the faid country : and from this I con- :.^'«:ade, that they favoured Connor O Briea and sifesfons, in fettling themfelves at Carrigoginniol, L n. the fame manner as they had behaved in favour taf the O Briens of Cumeragh i for it was a ^scaallatit maxim with the Defmond family to enr iBcaurage ihe injured branches of the Thomond ^O Bnens, in order to divide and weaken that ^^■hoie tribe of which they were always' very. JTC^Ious.
The above Brien Duff married Mary the daughter of Teige Mac Mahon prince of Cor- ^^bhafken in the county of Clare, by whom he ■^ad an only fon called Donogh O Brien, This X^Biiagh married Margaret the daughter of ^^ Kinnedy prince of Ormond, by whom he had ffAwen fons according to the Leabhar Irfe; be- ^^veen thefe fons he made an equal gavel of the *>^lids of Carrigoginniol, according to the faid MuIt Adonoerys, whoexprelsly mention anddefcribethe -*^eral divifions aifigned to each of them. The ^'^une antiquaries add, that none of thefe eleven Xons left mate pollerity of any duration except - ^^onogh's fourth fon by name Mahon O Brien. ~ This Mahon had two fons according to the Mul- connerys, viz. 1. Donogh anceftor of the direfl .line of this family, of whofe prefent chief and rcprefentative I Ihall fpcak by and by. 2. Mor- rogh or Mortogh (for in all our Irifh writingsin the abbreviated way, thefe two names which equal- ly fignify bold and expert at fea, are written in the lame manner and with the fame letters) who as I find
TBI LAW or T A WIST RT
§mi in wj Irifli mannfcfipta had % foB ctlkd Turlog^; mtlwtptitof the Lnbhar Irfe of Ae Moloooaerjiy which tmU of the Earkof Dtf- Bsood andthdrgeoealogy^lfiiiditreoordcd^ditt Jbbi Fd»rThoiias Earl of Defiaxmd, who died, A. D. 1536, and wae the fburlh fon of Eid ThomaSt who had heen beheaded at Droghedtia 14769 married Mor O Briea dau^ter of tin dAd O Brien of Carrigoginiiiol, whofe naoK 11 aot otherwife mentioiied. By cornparing the dme of die (aid Earl John Fitz-Thomas with that in which MahoQ O Brien muft have lived according to the above dvooology, it is evident enough, dnt the (aid Mor O Brien was the dau^ter of the 6id Mahon O Bi ien of Carrigoginnio) ; and this qppears the more evidently well grounded^ 15 I find in one of my old manufcripts, that the abofe MDrrog^ O Brien and bis fon Turlogh O Bnen, obtUBcd a landed fettlement in the barony of Kneataihin and coonty of Cork by way of a Ibodal property deriving nnder the fiud DeTmoiKi fiunily ; which fettlement it is natural to think, Mor O Brien interdted herfelf in procuiing fior that younger branch of her family ; the above barony of Kneatallun bad been given as a marriage portion by die Lord Barrymore widi his daughter the wife of the Earl Thomas, and mother of Eail John the hnfl>and of Maura O Brien, according to the Mulconoerys.
The prefent chief of the dxretX Kne of Cirri- gOginniol defcended from Dooojgh the fon of Klahon above mendoncd, I ara well informed b Daniel O Bmn^ a youth who Uvea at Glin in the
county
I L L U B r R A T E D. 83)
county of Limerick, whofe father was Morro^ O Brien fon of Daniel O Brien, whofe father wis alfo Daniel the fon of Donogh, whofe genealogy VfC find in feveral old maftufcripts, according to the following feries of lineal defcent from Gonndr O Bfien king of Thomond and anceftor of iht Otrrigoginniol family , viz. Donogh fon of Brien Duff, fon of Donogh, fon of Dotial, fon of I>onogh, fon of Mahon, fon of Donogh, fon of Brien Duflf, fon of Connor king of Thomond.
3. Mahon Menevy*s third fon was Turlo^lH 4. Mortogh, 5. Dermod, 6. Teige-Bacach, from whom are defccndcd the O Briens of Bally-gcr- riden, according to the Mulconnerys.
BRIEN CATHA AN AONAIG.
Brien Cat ha an Aonaig theeldefl fon of Mahoii Menevy married Slany the daughter of LfOchlin Lrfaidir Mac Namara, prince of Ibh-Caifm in Thomond, according to the Mulconnerys, with whom Lord Inchiquin's pedigree agrees in calling her Slany ni Mac Namara ; the faid Mulconnerys mention, that he had three fons by the faid Slany^ viz. I. Teige na Glaodh Moire, who immediately after the refignation of his uncle Connor O Brien anceftor of the Carrigogihniol family, was inauga* rated king of Thon[K>nd, A. D. 1414 ; he fought the battle of Beal-atha-lighe, againft O Kelly at the head of a powerful body of Conatians, whom he fignally defeated. After a reign of twenty three years according to the Mulconnery's and Magrath*8 poem, he was difpoflefled and de- throned
63S THELAWOFTANISTUt
throned by his younger brother Mabon Dal), A. D. 1437. This prince according to all our accounts died without iflue.
2. Mahon Dall, who after he had dethrooed his eider brother as now naentioned, was inaugon- tedkingof Thonaond^ A. D. 1437. HereigDed according to the faid records for five years and fix months ^ at the end of which he was difpofleflbd in his turn by the factions and clans of his young- er brother Turlogh Bog. This prince left a (on called Donogh O Brien, of whom hereafter.
3. T\irlc^h B(^, who after he had difpoffeflod his elder brother Mahon Dall of the fovereigntj, got himfelf folemnly inaugurated king of Tbo- mond, according to the Mulconnerys, A. D. 14^* The (aid antiquaries inform us, that this prince gave a fignal defeat to James fon of Garret Fitz- Gerald the above-mentioned earl of Defmond in two pitched battles, the onehapp>ening at Gleann- Fcgurta and the other at Bally-an-foyl. He reigned in Thomond for the fpace of eighteen years, and died in 1460. He is the anceftorof the Earls of Thomond.
The Leabhar Irfe mentions, that Brien Cithi an Aonaig had a fourth fon called Bricn, who was only half brother to the above mentiofied kings of Thomond, his mother being thedaughic of one of the Earls of Defmond. The fame records mention that he was anceftor of the familv of Eachdroma.
DONOGH OBRIEN.
Donogh O Brien the fon of the above Mabon Dall fecond fon of Brien Catha an Aonaig im- mediately
ILLUSTRATED.. 639
liately after the death of his untie Turlogh ;, was inaugacated and proclaimed king of csmond, A. D: ^1459, according to our faid . ibhar Irfe : thefe records mention in like ■iner that he reigned in Thomond only for two rs ; at the end of which, though then f refped- rfy to his opponents) the only righlful heir h by the natural and Taniftic law, and a moil us benefa^or to the church, be was difpofief- and routed away by dint of faftion and achery. A truth which Eugene Magrath ex- rfies in thefe pathetic terms, * Gur fgrios fala ^gus feall an mac : Caradh na Gceall an*Griobh hlat ;* words which are as ftrong a proof of : poet's fincerity and love of truth, while he was iting under the power of a prince, of whom he pended for his bread, and upon whofe branch 5 now cited verfes threw, a very (harp and well >unded cenfure. This Donogh was the im- diate (lock of the family (liled Siol Mbriain Mortha or the expelled O Briens, fo called, :aufe their father Donogh and they were forced Fly for refuge and new fettlements beyond the ^r Shannon. This prince died iii 1462, foon ir his expulfion.
Sote, that in the genealogies of the Earls of lomondand Inchiquin, pufatifbed by Keating*s riOator, as alfo ifi later pedigrees of the Tbo* >nd family, I find Brien Catha an Aonatg af- ted to be the (lock of the O Briens of Cume- gh: what might have given occafion to that iilake in my opinion is this, that thofe gene- >giils being traditionally informed, that the Briens of Cumeragh were fdrcibly'expellcd out
of
THE LAW OF TANtSTR Y
cf Thcmaiid, and haTO^ otfaervife known^ thit a fanolj of the O Bricns defcewfing from Bries Czda an Aooa% by his foo Mahonand gnodfaa Dteongh veic czpdied tbdr ouuntry after itbe fiud Bffies'is cieaili, tliia gave occafioo of their cob- iwirtmg thcfe cipdled familicBafie with aiiQihff, lb as to miitake the fiDmicr for the latter ; nor is it natmai to think, that he fbouki have ezpdled las ovn fan Mahon and grandfon Donogfa, vtio both ei^ofed the principality long after faid Brien's death ; hot on the other hand, that Brien Cttb an Aofsng flioald have ondcrtaken and cffeAed dx cxpotfion of Us imde Tnrlogh and his chSdren, is very natoral to think, they having a Tamftk si^ to difpote the poflbfibn with his cfaildreQ.
TURLOGH BOG O BRJEK
Tnrlogh Bog the third fon of Brien Catba in Aonaig, and anceftor of the Tbooiond family, married Cadienne Burk the daogbtcr of Ulid Ftcz- Walter of Tuath-O Lnigfieach, according to the Muloonnerys. The Earl of Incbiquia^ pedigree affigns him Slany the daughter of Lod- En Laidir Mac Namara, who was his mother ac- cording to the Mulconnerys i what I'ecros rtij remarkable in the poblilher of that Earl'^ pedi- gree, is that he afii^^ the fame woman as -^ik and mother to diis Turlogh Bog, and .. ouTd fain make ns be&eve they were two diflferent wociie& by {tiling his wife Slany vi Mac Namara the daoghter of Lochlm LaidiTi and calling b mother Slany ni Mac Namara, without telliog ci her fiitfaer's name.
Turlo^
N
ILLUSTRATED. 641
Turlogh Bog had by the above Catherine Burk nioe Tons, according to the Mulconnerys, viz. Teige an Chomhaid, fo called from his having built a caftie at that place fituated inBurren. This prince aflifted by his brothers and friends dethroned his coufm german Donogh fon of Mahon Dall, and expelled him and his family beyond the Shannon eaftward as above hinted, after which, according to the faid antiquaries, he was inaugurated king of Thomondi A.D. 1462:' bis chief refidence was at Inchiquin, that being the feat of the eldeft fon ; he died after a reign of fix years according to out" accounts in 1468 ; he 18 ihe anceftor of the Thomond branch.
a. Donogh, whofe refidence was at Cahif-Kelly . this prince was bifhop of Killaloe according fo the Mulconnerys ; he is the fame biftiop of Killaloe, whom Sir Jame/s Ware in hb catalogue calb Terence O'Brien murdered at Innifcluaidr^vada in the year 1460, for which he quotes the Ulfttt annals.
3. Connor Mor ha Sron, who Itnmediately after the death of his brother Teige an Chomhaid was inaugurafcti king of Thombrtd according to the Mulconnerys, A. D. 1468. In the laft year of this princess reign, which was in 1496, ho fought an ooflinate battle againil (jerald Fitz- Gerald harl of fCildare, then lord lieutenant ol Ireland, near the caftle of BallyHicky, which that Earl took foon after by affault together with the caftle of Fiadh-Beg and other caflles in Thomond, belonging to Florence Mac Namara. See the annals of Sir Jarnc^ Ware at this year.
Tt This
6i4a THE LAW OF TANISTRY
This prince died in the {ame year 1496, and kft pofterity who were called the O'Briens of Seai- uidhe in the county of Clare. The chief iqn- Tentative of that family, as I am credibly infonn- ed, is Morrogh O'Brien who now lives near Em in the faid county.
4. Turlogh Oge, furn^med Giolla Duff, vlio immediately after the death of his brother Coootf Mor na Sron, was inaugurated king of Thomood, A. D. 1496, according to the Mulcoonerys and Sir James Ware's annals ; he reigned for tbe fpace of two years and three months, according to the faid antiquaries and Eugene Magrath. Hi family had their ellate at a place called Bally-mic- Dubhda, according to the faid Leabhar Irfe. He died in the year 1498.
5. Mahon, whofe family refided at a pboe, called Kill-clanoy, and pofleflfed the lands id. nexed to that place. 6. Morrogh whofe famU} enjoyed the lands of Bally-Grioflfa. 7. Kinnedy, 8. Bricn Ccancach which two laft mentioned fons died without iffuc. 9. Mortogh Beag.
TEIGE AN CHOMHAID O'BRIEN.
Tcige an Chomhaid the cldeft fon of Turlogh Bog, married Anabelia Burk dai gh er of Ulick Fitz-Ulick an Fiona ufually liilcd the Mac Uilliam of Clanrickard, according to the Mul- connerys, with whom the Earl of Inchiquir/s pedigree agrees in this place. He had fix fons by his faid wife, according to the Leabhar Irft, viz. I. Turlogh Donn, who immediately after ihc death of his uncle the above Turlogh Oge, fur- named
1 L L U S T R. A t E D*
named Giulla Duflf, was inaugurated King of Thomond, A. D. 1498. In the year followingj according to our faid accounts^ and Sir James Ware's Annals, he fought a bloody battle at the place called Muighe-Ailbhe in Ormond, againft Pierce Butler, Eiail of Ormond, whom he fignally defeated. Sir James Ware further fays, that the magiitrate of Kilkenny was killed therein, and tliat the diflenfion took its fit ft rife about certain lands and limits which each of them claimed to himfelf. The fame Leabhar Irlc adds, that he foon after defeated the fame Earl at a place called Knock- tuagh. The annals of Sir James Ware Ht the year 151O, exprefbly mention, that being eflifted by James eldeft fon of Maurice Eai 1 of Defmond, and Mac William Burk, he defeated the Earl of Kildare then lord lieutenant deputy^ at a place called Mointrarr, and took away the fpoils wiich that Earl got in Defmond. He was king of Thomond for twenty nine years accord- ing to the Leabhar Irfe and Magrath, with wbofc computation Sir James Ware perfedWy agrees by afiigning faid Turlogh's death to the year 1528.
2. Donal, who polTefled the lands and eitates called Tir-Mac- Brien* Ceathrumha- DufFj and Dunn-Hogan, according to the Leabhar Irfe, thele lands he Ravelled among his four Tons, visw 1. Bricn, 2. Teige, 3. Connor, 4. Mortogh.
3. Donogh whofe principal residence was ac Drom-Fionaaglaife-, he had four fons, vig. Mor- togh, Teige, Dermod, and Brien na Corcaidhe, This Brien's eftate according to the Mulconnerys, was called Cahir-Gorcarain and Caftletowni which he divided between hia fix fona, vi2. Mahon,
T t 2 Morrogh,
d43
644 THE LAVr OF TANISTRY
Morrogh, Dcrmod, Connor, Monogh, Tdgcan Phonairc.
4. Mortogh Garbh. 5. Morrogh, bothviUch princes died without iflfue ; 6. Dermod Cleiitach, who poirefTed the lands cailed Ceathrumhi-ot- Madruidhe, according to the faid records, which mention that he had fix fons, viz. Donal u Gceal, Morrogh an Tarmain, Brien an ChobUaig, Mahon, Donogh, and Turlogh, of all whom 1 have no further mention.
TURLOGH DONN O'BRIEN.
Turlogh Donn the eldeft fon of Teige m Chomaid, married Raghnait the daughter d Jthn fon of Sioda, fon of Mac Con, fon of Locb- )in, fon of Commheadha Mac Namtra chief d I that family, according to the Lcabhar Irfe. The Earl of Inchiquia'a pedigree afligns him as w& Joan Fitz-Maurice daughter to lord Fitz*Mturice vulgo Balbus, Lord Baron of Kerry and Lixnaw and mother of the faid Earl's anceftor Morrogh ; hence we may infer, that he had two wives. The Mulconnerys mention that he had five fons, viz. I.Connor, who immediately after the death o( his father, was inaugurated king of Thomoni according to the faid antiquaries, A. D. 1528; after which he reigned for twelve years and died, according to the Leabhar Irfe and Eugene Ma- grath in 1540. The annals of Sir James Ware fix his death at the year 1539.
2. Donogh, who is ttiled Tanift of Thoraond by the faid Mulconnerys, and of whom thcv make no further mention.
3, Morrogh,
ILLUSTRATED- «4j
MORRCX3H O'BRItN.
3. Morrogh, who was folemnly inaugurated Id proclaimed king of Thomond, A. D. 1540, ^on after the death of his eldcft brother Connor; I this year according to Sir James Ware, he ^tered into a league with O'Neill, O'DonncU id O'Connor to meet together at a place called cure, and then to maintain their liberties with nitcd forces againft the EngHfli. But that the ird juftice Brereton at the head of eight thoufand inglidi forces having intelligence of it, fopn revented the meafures thofe princes had taken. !*he fame annals add, that in 1541, the deputy if Anthony Saintleger propofed certain conditions t for that time in Limerick, at the requeft of lorrogh O'Brien. In this year Henry the VIIL as declared king of Ireland, a title never before iven to any of the kings of England, they being itherto ftiled lords of Ireland. A. O. 1543, lis Morrogh O'Brien following the example of Jon O'Neil king of Tirone who had the year cfore renounced his title of O'NEIL or king of Tirone, and received that of Earl of Tirone in s place, he in like manner fubmitted himfelf to le lord deputy and then fetting fail for England, e difclaimed his name of O'BRIEN and with
his title of king or prince of Thomond, and ransferred all he pofleflcd to king Henry then efiding at Greenwich. Here Morrogh was re- eived as tenant deriving under the king by letters atent dated the firft of July, and folemnly reated Earl of Thomond during his life; he
alfo
J44 THE LAW OF TANISTRT, fa.
alfo procured for himfelf and bis heirs male, the title of Baron of Inchiquin. Ulick Burk received letters patent at the fame time of the Earldoin of Clanrickard, after haTing firft difclaimedbis naoie of Mac UILLI AM. ^ And the king alio gave to Donc^h O'Brien the fon of Connor (faid Morrc^h's eldeft brother) by his wife Honora daughter of the above UlicK Burk, the title of Earl of Thomond for life, after his uncle's 'death, together with the dignity of Baron of Ibracken to himfelf an^ his heirs male. The Mulconnerys and Magrath give this Morroghil reign of twelve years, and Sir James Ware places I his death at the year 1 552. From him defanded | in a right line the prefent Earl of Inchiquin by his eldeft fon Dermod ^ and from his fecond foa Donogh is defqended Sir Lucius O'Brien^ Baronet, of the county of Clare.
4. Teige, who was killed by a fhot at a plac: called Ath-an-Chambuis, upon the river Su-rc, by Pierce Butler Earl of Orm^ond, after be hi fpoiled and laid wafie the country of that h' with fire and fword ; his troops nptuithftanding carried his corps together with the fpoils, inn Thomond, where he wasfolemnly interred at Ev nis according to the faid Mulconnerys.
5. Dermod, who died without iflue.
FINIS.
THE
BREHON LAWS
OF
R E L A N D.
i V.
H
•<i ^^ A J a
PREFACE.
1 O this Number we have added' part of the Laws of the antient Irlfli, commonly known at this day by the name ofBre- thon, or Brehon Laws. The moft part of the Fragments which have come to our hands, were colledted by the learned Mr. Lhwyd i who, in a letter to the Royal So- ciety, publiflied in the Philof. Tranf. No- 356. Baddam's Abr. Vol. 5. p. 4^2, in- forms US, * That he had procured in divers
* parts of Ireland about 20 or 30 MSS. in
* parchment j and tho* heconfultcd 0*Fla- ' herty, author of the Ogygia, one of the
* chief Irifti critics, and ftveral others,
* they could fcarce interpret one page.
* What is moft valuable among them (adds
* Mr. Lhwyd) is their old Laws, which
* might give feme light to the curious, as
* to their national Cuftoms.' Thefe MSS. were part of the Chandois Library, and arc now the property of Sir John Seabright, Bf . Two volumes of this coUedion we have been favoured with, which were evidently of Mr. Lhwyd's colleAing, his name being
writteq
P R E F A_ C L
written in the firfi folio ; and thefe contain about forty pages of the Laws. Another Fragment of thefe Laws, is in theLibraiy oC Trinity College, Dublin ; a third was dif- coverd in the Britifh Mufeum ;and a fourth Fragment we h^ve been obliged with by the Rev. Archdeacon Mahon, one of thefe few of this country who think its Antiquities de- ferving attention. Of all thefe we have been permitted to obtain copies.
The word Breith, the root of Breithc omhan,- or Brehon, ha3, with many other antient Gaulic words^ been wonderfbllj preferved in thelberno-Celtic. From hciicc the Romans formed Fergobretusy the name of the Brehon, or chief judge of the GauK which, in its primitive orthography, w written Feargabreith. Bochart, contrary to his ufual manner of treating etymologies, I cxprefTcs himfelf dubioufly of the word Vcrgobretus : vox videtur compojita ex Syrii M^ID farga, et cuimD partum, quarum ilk mutationemj hcec fummum prcefe6lum & tno- deratorem fonat ^ inde Galli Vergobretus u^ cant prafe6lum.--^c Colon. Phoen. lib. i. c. 42. Feargj in the Iberno-Celtic, and Fergeriy in the Teutonic, fignify Prasfefius, and are certainly derived from the Syrian or Phoenician Farga^ which by a natural commutation of letters, was written Veri^
bv
PREFACE.
by the Romans : thus Fearg Peine in Irifh fignifies the chief of the regular troops ; and Fearg Jlann ruadh^ the blood covered leader of the army. Etiamnum hodii ^/^/y dicitur fupremus magiftratips Auguftoduni {i. e. Autun in Burgundy) Du Cange. The latter part of the compound ^^/«/x, is from tfie Celtic ^^/M, which fignifies either the Judge, or the Sentence.
These Laws were entitled by the antient Irifh, Neimead^ Feanacasy and Seanacas ; and by the moderns Breith-neimead : which laft, O^Flaherty and Lynch have rendered in Latin by Judicia Celejiia. The Hebrew root nam or neum^ and the Chaldaic namos (a) fignify a Law or Decree ; which is written nimos in the Arabic, and nomos in the Greek, (b)
The Grecian name of Mercury was No^ miusy from the Laws of Eloquence which he founded. The Lacedemonians named their Laws k^^i (noraoi) not becaufe the
promulgation
{a) c:}£< j nam. Heb. conftitutam. a nam fit nemoafa Syr. Lex, inde n;^m«. nimh Irelandicd ad nam pertinet. Thomaffin. Gloff.Hebr.
(h) NV:«a<* Lex Arift. — fd^«; ctiam cantilena, ut Latbi dicunt modum, modos, modulos, legefque metrkas.
Plin. Nomeria^ confuetudines dc jura Monafterii d^
Regula in Aqultania. Labbeus, torn. 2.^^—NomiffM, Demoftheni, cGeterlfquc fcriptoribus Gnecis fomitur pro confuetudiae, more & lege non fcripta. Du Cange.
PREFACE.
promulgation of them was by fingiag, but from the Hebrew root nam. Thefe Laws were fung by the Bards and L^flaton, and probably in verfe ; hence nomoiczmt to fignify a Poem : thus neimead^ in Iriih (the Celtic termination ad being poftfized) is a Poem, or any learned Compoiition. (r) The word IS indifierently written in IriOi mm futidhnty nimhy naonih^ and neimead. (J) In the dialers of the northern nations, nemd^ naemedy nembda^ nempda^ nemdaj fignified the Judge, Jury, or Sentence ; {e) and this is un- doubtedly the true meaning of the Irifh neimead. Feanacas, or Seanacas, another name of thefe Laws, literally fignifies, the caufe, mode, or manners of the Tribes or Antients. Bteith alfo implies the judge- ment, muld or fine ^ and Breithrneimed^ literally means the Sentence of the Law :
•
It
(r) Neimead. Lex. Poema. Lhwyd.
\i) Neimead. i. e. gach dan, no gach ealadhao. i. e. any poem or learned compofition. Mc Naughton, MSS. C3VJ t^om^ ad orationis delicias & clegantium fxpe pcr- tinet. Bocbart. Chan. lib. 2. cap. 7.
(/) Nembda, in jure Sueonum vetufto Jadicem figni-
ficat. Sticmhook. p. 31. 52* ^Nembda, nempda Td
nemda, noojudkem, fed coetum duodecim proboroc feo le^dium hominom fignificat , Hudolph. c. 1 1 . See
alfoObus Vcrelius. Nemda idem eft duodecim jo-
ratomm numerus feu jurata apud Anglci, quod ncznda apud Danos, Sqccos & Norregos, a quibus per Nor* mannosin Angliam inTedhim. . Hicke'Sj £p. p. 37.
PREFACE.
luft be obfcrved, that the running Title be old parch ments^ from whence thefe vs were copied, was written fitnply nead. In the courfe of this work we II alfo find naomhy or neimeadj fo far from Ayingce/e^tSj that it fignifiesa noble^or i of dignity, either in Church or State ;
example, irath nMmh cathadhbha cad- ly the remnant of noble Champions : Deover, it is often annexed to inanimate cigs, as crann neimeady a noble Tree, . &c.
The Irifh antiquaries have treated this jcdl of their Laws very fuperficially : y have enumerated feveral codes, enad-
by difierent princes, but have not ught proper to publish the Laws, though ny acknowledge they had feen them. OS they have prefentcd to us a number dark and obfcure fhadows, without iging us to convcrfe with real men. rHE Welfh attribute their oldeft Code written Laws to Hoel-dha, or Hoel ixis, who reigned early in the loth cen« y 5 (f) ^Dd the Scots afcribe the Regiam ^jeftatem^ the oldefl inflitate of their svs, to David II. who lived in the be- ning of the 13th century (^). At what
period
f) L^es Wal&x. Wotton^ prae£itso«
{) Home's Intrpdoftion of the Feadal Law into
land.
PREFACE.
^
period our Irifh Brehon Laws were eiia6l- ed^ we do not pretend to determine. Some of them are prefaced with a declaratioo, that they were the Pagan Laws, revifcd and correded by Patrick : fbme are evidently of more modern date ; and others^ apparently the mofi antient^ inflid the fine on \hc Pagan culprit, to be double that on the Chrifiian in fimilar cafes : yet this does not prove they were older than the eftabliih^ ment of Chriflianity in this kingdom ; for hiftorians gave the opprobrious name of Gentile or Pagan to the northern invaders of the 9th and loth centuries. Satisfied that they will be well received by chePtib- lick, without further hiflorical remarks, a plain and literal tranflation is attempted.
Wfi fhall concude this Preface with an account of the law Books of the antient Irifh, which Duald Mc Firbis, an antiquary of the laft century, informs Mr, Lynch were in his pofTefiion. iji)
I. Br£Itue-nimh£, compiled from the antient Fileas, by the three brothers Fara- nan, Baethgal, and Maeliuile, in the 8th century. 2. Meill-hreatha^ a book writtca for the unlearned, by Modan fon of Tolban,
aboul
(h) Cambrcnfis cvcrfus. c. 20. p. 157. O^Conucr'i DiiTert. p. 125.
^
PREFACE/
ut the year 177. 3- Fiondfuith^ written Piatach, in the reign ofCormacO^Cuins ut the year 260- 4. AnT^acht-hreath^ ifccllany of Laws. j. An Fuigheal^ '/A, a fupplement to the Laws \ to which bbjoined a trad, intituled Fotha^moir^ ing forth the true office of a Judge, and errors which fubjed him to a privation lis Jurifdidion. 6. Fotha-beag^ on the vs of Partition, 7. Taid-bhreathay on sfts. 8. Corasfinne^ rules for the regu- on of the Tanaft Diftrichts. 9. The k of Cain; or Mulds, faid to be per- ed at Caihel by prince Feidlim, anno \ : to this work is added Ei^^headh^ iting of crimes againft the Laws, written he 3d century by Cor mac OCuin and fon Cairbre Liffecair. 10. Duhy by rbre Liffecair, faid to be taken from ^ney Rofgadach, who is fuppofed to e flouriflicd 300 years before the Chrif- i iEra. II, Cain Fuitribhe^ of prefcrip- I and long poffeflions, written in the 8th tury. 12. Fonn Seancas^mor ; after the jption of Chriftianity, St, Patrick, is . to have afliAed in this great work ged from Druidical Superftition : it is itioned in the annals of the four matters, I Mr. O^Conner, and the lofs of it is
irreparable.
PREFACE.
irreparable. (/) 13. Cain Drubhartmgh Bearra^ treated of maritime and commer- cial a&irs : this Codct it is (aid, came forth about the fame time with the Seancas mor. 1 4. Cain Lanamhna mor^ (hewed the (everal relations of Society. 15. Faidh FeneaehaSy a Mifcellany. 16. Cain B^ock- fay relating to property in Herbage, Herds and Flocks.
Im this pompous catalogue^ not a word isfaid of the fumptuary Laws, we now offer to the Publick, which appear to be as antient as any of the above Codes ; and are the more curious, as they detail the feve- ral clailes of the antient Iriih people. The remainder of our Fragments are mifcelia- neous, and relate to every fubje^ mention- ed by Mc. Firbis,
(;^ This Code is now in the Bntifli Muicam, No. 431. BibL Harl. it begins thus : L a Stancas m§r €cmamMi m nar neihu maith do ulc^ agus eic di mat ft. i. e. T^his is the SesmcMt msr diftinguifking good from evil^ and evil frtm good, h is written on parchment^ on 30 p^es in folio, and iras copied for the Editor of thb Collectanea \ but the copied undeHlanding neither the Language or die Chara^^, has rendered many parts illegible— Scrcnl of the Laws contained in our Fragments, are to be fotrnd in this Code y but as they are not placed in the fame order, it appears probable, that they were enaAed t different times. 0*Flaherty fays, that this Code m compofed by Scan, fon of Aigid, anno mundi 3922. Ogyg. p. 2 1 8. Tantum antiquitatis curaeqnc majonbv pro Uibcmica gente fiiit !
ANTIENT LAWS
o p
IRELAND.
FRAGMENT I.
In the PoflTcffion of Sir Johh Sbabright^ Bart, being Part of the Collcftion made by Mr. Edw. Lhwtd for the Chandois Library.
ORIGINAL.
Me S T a Mugdorn ingcn Mogha fri cum : nuinge no boin noda criad no con frith ara ruicctlia ainmes tairfe nochiffi cetna cum : ce- taragaib broin inna laim la firu Erenn. Mugdorn ingen Moga ni condi- chct meis Moga ♦ * *
U u
TRANSLATION,
iVlUgdorn daughter of Mogha {a) ellimatcd the following articles to be paid by the men of Ireland, by cumals (i) of cows, or by ounces in lieu of them. And what Mugdorn did was
confirmed by Mogha
« ^ * ^ ^ ^ •
2. Teach ta
MSS.
de&ced.
{a J If this be Mogha nuadhad, he was killed at the bat* tie of Maghleana, or Moylean, in the King's county, A« D. 192. according to the Irilh annals. See Colled, p. 426. vrhere his daughters names are faid to be Caoimhniall and Sgoithniamh. Mugdorn, i. e. naafculine hand, noight alfo have been the firname of one of thefe ; but that we leave to be cleared up by the Irilh hiftorians.
{h) A cumal is three cows, or two cows and a heifer^ at explained in fome parts of thefe Laws ; but here it feems to fignify a grofs number of homed cattle, and ofed as a ^ verb. See Law 2. A royal cumal was 6 cows.
6st
antient laws Original. translation.
t. Teach ta fuillime gell (d) aiccde airgit, dir : comdirc fri bcs co- mailtuir aris for dartib ro fuidiged fuill : a dire.
3. T. f. g. aiccde airgit Oc-airech dir tec- ra dartib.
4. T. f.g. aiccde air- ^t each Bo*aircch for cuic dartib direanar.
S.T. f. g, aiccde air- git each Airechota fuide coruicce Airigh-forgill direnar deic dartib la aitbgin.
2. The lawful value of a filrer bodkin (r) is by cuitom to be paid m cumals of heifers.
3. The lawful value of a iilver bodkin to an Oc*airech is 3 heifers.
4. The lawful valoe of a Giver bodkin to 1 Bo-drech is 5 heifers.
5. The lawful value of a filver bodkin to every Airech (or noUc) up to an Airech-forgill is 10 heifers.
6. T.f.g.
(ff) We are not told whether this be a bodldn for the doathing or for the hsur* for it appears that the aflOcflt Britons wore them in their head drefs. See Whitakcr*i Mancheftert Vol. i. b. i. led. 7. See alfo plate 1 of ad jiomber of this Colled, which tho' too Iar|^ for the head, has focne refemblance of thofe on Whitaker^a Coins.
(J) Aiccde, i. dealg. commentator.
We have here the feveral Ranks or Degrees of the and- cot Irifli. The fifth Law includes every degree of No- bles, from the Bo-aii*ech to the Airech-forgill. Tliefe axt particnlariaed in a fubfeqoent Law, relating to the feet of Burial } and as it is neceSarj the Reader Ihoald be made acquainted with thenit before we proceed, we fludl hoc infert it, viz. Fees to be paid for Hymns fang at the buri- als of the people, from the Ruftic to the Kin^. xft« loua <X>airech 3 feoit. ad, lana Bo-air«cb 5 icoit. jd, Imsi
Airech-dc&
OF IRELAND. ORIGINAL. TRANSLATION.
6. T. f. g. aiccde air- git each Airig-forgill dofli cuic dairte dec a fuiilem lainrac naithgin.
6. The lawful value of a filver bodkin to aa Airech-forgill, of the loweft rank, is 15 hei- fers.
7- T. f. g.
6s9
Airech-defa 10 feoit. 4th9 Ixxina Airech-ard 15 feoic. 5th, Imna Airech-trediu 20 feoit. 6th, Imna Airech-for* gill 30 feoit. 7th, Imna Righ, feacht cumula, i. e. for Snging Hymns for an Oc-airech 3 cows j— for a Bo-atrech 5 cows ; — for an Airech-defa 10 cows |— for an Airech- ard 1 5 cows j— for an Airech-treffiu 20 cows ; — ^for an Airech forgill 30 cows; — for a King 7 cnmals, or 42 cows.-— —Here are 7 decrees orclafles of people exclufive of the King, iiiz. ift, Tnc Airecb-foreill^ i. e. whofe dcf-r cent and genealogy was known and eltabliflied. 2d, Air» tcb^treffiut i. e. one who had ennobled himfelf by conqneft. 3d, Airecb-ard^ i.e. a Chief or Warrior. 4th, kirech-defa^ i. e. one pofleiTed of landed property. 5th, B9'airecb^ i.c. one whofe wealth con filled in Cattle. 6th, Oc-airecb^ i. c. one who had obtained rank by (kill in Poetry* £lo* quence, &c. and 7th, the Rufticy or Peafant. This divi- uon exactly correfponds with the ranks or clafles of the people, according to the antient Egyptians, as we are in- formed by Herodotus. Airecb is compounded of two Fhcenician words, art and Rach^ the firft ngnifying a LioUi and the latter a King, from the Hebrew Racbas or Rucbfi, fifirnifving the exaltations or proud liftings up of the peo- ple : hence Aryus, Dux Solymorum ; & Ari-el, i. e. leo dei ; virorum fortlum cognomen apud Moabitas Bocbart. Chan. lib. 1. c. i. & 14. From the Celtic Airecb is derivi> ed the Greek a'^;^*, i. e. magiftratus, principatus, and A^^ciyitTttif reges, apud Spartas ; to which, prefixing the Celtic pnirif i. e. magnus, is formed the Greek compound /uo »xx^i ^ Monarch, and not from fti^^, folus, as s^qR, etymologies have devifed.
Erecb^ fays Mr. Byrant (in his Mythology of the Ant?- ents) was the mod antient title of the fupreme, and hence Erecbtbotb^ vei Erec-Qut^. So th% temple built at Ar- ^olis was called Armcb^^9Sy m hGuont oS Aracb Nokff. Aire and Rach are often ul^"^ in ^he Irifi& feparatdr, ais* hi many other Languages '; tht '^t^mandik is a noble Wjr-
UuiX • *riot
66o
A N T IE N T L AWS OR I GIN AL. TRANSLATION.
7. T. F. g. aiccdcair- gittRignoSiiad(i OIL: file) ro fuidigedh for trtcait dairte adire la ait- gin airget mbruithc.
8. Ma teccmai lith laithc no Dail nothd- comracc tuaithe mant- toirc a gell <io nofct bcfid fiu dofli Ian log- aenech do each fomiad la eraicc do neocli do ruirmefemdifmaditaibh flgus aithgenaib.
7. The lawful value of a filver bodkin to t King, or Profcffor (1 bard, or Ollamh) is 30 heifers, if the fame be made of refined filver.
8. If any one impri- fons, lets or detains ano- ther for debt on fcftival days, or on thofe dajs the dates are convened, he (hall make fiiil fam- fadion to the Nobb and Warriors; wKd fine fhall be equal to the Eric of the aflail-
ant.
9. T.f.g.
nor in the Bafque or Bifcayan tongue. Ara-cbana (Hibr nicd Aire Cean) is a King in the Tartarian dialed. Arr tabbee (Hibernicd Ari-rach vel righ) is the title of King among the Otaheites. See Cook's Voyages. Hence ik Saxon Are^ i. c. honor, reverentiat decus, gloria, rcfpec- tus, Somner. And alfo the land-art of the Saxons, cor refponding to the Celtic Airi'dcjja. Hence, allb, thcfol- iowing proper names of Kings and Princes : Arjpj»f Longobardus Bencventi Dui. ab Antiq. Sax. Are. i. t Honor & Teut. Geits, aviditas, Argohafius^ Francus, Co- mes Occldentis. Arckeho'd^ Prasnomen Scotis famiJIart jfrd aricus, (aircch-ard) Aftro Gothorum lulorum Rci Arefajl^ i. c. Ario-viftus. Ari-amirus^ i. c. Ari-maort Arfpertus^ Longobardorum Italorum Rex. Ari-haUth Longobardorum Italorum Rex. Arminius^ i. c. Ari-mcr- BCD. — Cherufcorura Dux. See Skinner's Etymolcgicfla Onomafticon. Aire-toga^ or togu, frequcnilr occurs ii *chdc Laws* literally fignifjing the chofen Chief of a Ttibe* fo lead thcoi forth when called on bj the prince :
hcfice
OF IRELAND.
669
I G I N A L.
\ f. g. ctaig fog- caich do mclar la direnar com- airechaib feibe ndairte ifuillem I ctach befid fiu n la aithgin*
r. f. g. etach lith dir : comdire da ibh febe alid namuin befid fiu iteoraib trefib lide dia teccmai no daii na tbo- icc tuaithe nos n nadratha dofli ; for fer darfann- cenn diren :
TRANSLATION.
9. The lawful price of femtants cloatbs is alike to all degrees of (0 Airech feibhes, and 7 heifers is the price o£ each fervants cloathing.'
10. The lawful price ofcloaths forholydays" is alike to all Airtch febes, and they are to pay for the fame in 3 : gales : but if any fldr* mi(h or difpute (hall ■ happen on this payment on the Convention days of the States or holydays of the Ollamhs, the pci^ fon found guilty of fuch a fray (hall forfeit bis Eric, (f)
1 1 . T. f. g.
V.irech feib, fajs the Commentator^ includes all de«
' Nobles, from the Bo- aire to the King : Na gradk
lie is Aire febe o Boaire gu High.
'.TIC iignifies the fine» which by the Laws is enafi*
be paid for murder. This wiJl be fully explained
:qucL
lerehga in the old Sazon» is a Conductor of an ar- ^frfgti in the Netherlands, and Hert»9g with the iSy means a Duke, (dux) all which are derived from rhcAtn-fta, Toga is not a corruption of Taoif- Chief» or Prince, as Mr. Whitaker has aflerted in mology oFTarcto and togu, difcorered on the cotnis taBmu % t«gadh^ in the Celdc; is tockd or dra&t]
and
en
ANTI EN T h AWS ORIGINAL. TRANSLATION.
1 1 . T.f . g. ctach fog- nima caidi Rig domelar ctoh dit direnar oomdi- rib fri etach Hthlaithe na n Airech (eibe.
I a. T. f. g» ctach lidilaithc Righ ailidfon lar dsbaidib dlig : trc cUeh innamuin fcrthatr- fon itcora dcchmadaib iarniabaidib dlig : otha fiudiu ma tcccmai lith-^ laitbe notbocomracc tu- aidicdofli knlogcncch for fcr lafannditb at an gpU daraditbac cenn di- renar dia dcchmaidc iar cuimlechtaib fenc.
13. T. f. g. ctach fognama Ogairech no Boairech do mclar each did direnar teora dairtib htfuilicm a dire la ctach befid fiu ina muin araile.
11. The lawful price of the doathing of 1 King's fervant iscqoil to that of the holydiy cloftthing of an Aiicch febe.
12. The lawful piia of a King's bolyday cloatbingy out of grati- tude and love to his po^ fon (hall.be valued tf three common iuits, to be paid at thcee g^ If any pcrfon (hallR- quire payment or 1 pledge on this accooM on the holydays dost mentioned, he fhall for- feit the value of two gales.
13. The lawful pri« of the cloathing of iIk fcrvantsofthe Ogairech and Boairech is 3 heifers each, to be paid out of their dock.
14. T.f.f
and togu fignififis elcdled : for exainple, cogh anud dhilinn daoine, eled or chufe us out men ; hence tqgb* ruth, is a fuffrage. This may probably aflid that iearsed Author in his Eirptanationof Togu and Togudumnus. See liift. of Manchefter, Vol. 2. b. i. c. 9. p^ 10. Toga« in^ old Sajon, alfo nj^niHed a leader, (dux) Somner tnd Skitt* net at the word Heretog.
or IRELAND. ORIGINAI. TRANStATION.
««»
14. T. f. g. etach lithlaitbc Boaircch no Ogairech ailed etach ioa mia befid fiu, otha Hu- diu ma teccmai iith- laiihe no thocomracc tuaithe dofli lelh log doib iar nmbuidib dlig.
1 5. Anfort* ifoilltmail getl la : bai briugad na airemad nech achl nech fo da rochtthar dagair illiud atiiud acetbkhim. bo brigad cumal noig ninndib innamuin noch- isfor cum ; deich fet conamas in cum : re fe- ancas mor. Leth cum : immuin in tanatli leora bae imuin na trilB bo. bo immuin cacha bo otha fiudiu ciapa lin cia ba nuaite fertair co lainn aithgena each ae dia ttife coboin inna miua ferthair acetdire dia xde. /erthair amedonach dia mis. ferthair an dedhi- nach dia trifC for mis.
14. The lawful price of holyday doatbin^ ta the Boiairec and Ogoirec is already mennoned } but if demanded on the aforefaid holydays, the 6ne by the indulgence of the Law is but hftif an Eric.
i5.Thefe are the pri- ces acoordkig to the 9^ Code of Lawi : it iftlp be observed, That thf cattle In vebecD eftisiAk cd oc if paidon deraaodL Morcovo-, if young oM- tte are raced in cUomJ^ tbcK muft be ten futh to mftfce ap > ctutMl, and 5 to half t catiHtl* to be paid in three ^ales, be the value moM or lefs ; one third to be given on the delivery df the goods, one thiM at the expiration of Itoe fe- cond month,and the re- maining third at the end of the third month. Tins, andlheJixfoUowit^y appear to b« ohferuati- ons of the CbmmentO' torsy aitbougb vjritten like Oie rtfi tf tie text. C. V. 16. T.f.g.
664
A NTl EN T LAWS ORIGINAL. TRANSLATION.
i6. T. f. g. Catrech caich ro fuidig : icom- dire do cech recht fria cethrai olcena.
17. li diccmachtaib geli la : mucea ar ni tuilletiide acht muicc imuin araile. i. each miucce la aitbgin corniT iooe teora mucca otha fuidieu isaithginnamma do fliat da ba lin ci ba fiuaite armuinegrtar muoca ce arobos no a|- logair|ni lugudofog- laib fo fechat olldas dithorbu dogntat cona urlund an dithma«
1 8. An indie ech agus fifcclabra dia do rotfat la nech ni tuillet acht fet na muin la aithgin.
1 6. Sheep, according to all Laws, are allowed €& lawful payment, and may be given in proper tion in lieu of coi»s.
1 7. Swine are forbid- den inpayment by the old Law ; yet one may be given in each pij- meqt with other catde in each gale, provided that in the payment of the whole^ nomorethu three fwine^ be given } and this muft beob- ferved, let the number of cows to be given in payment be more or iefs.
iS.Horfesandmarcj are not to be given in payment, but in pro- portion to their value o" cows.
Tbf Commentator aidSy tbey muft be doubk r« number to make th value.
19. T. f.&
OF IRELAND.
G I N A L. TRANSLATION.
66$
. f. g. Capuill s here, ro fui- tndiriu do each id triech ina- aithgin acollna ch ae dia cuic- iliu.
. f. g. echaige e do each reeht ht beeh befid I in mani teee- leh lugh naa- > la taurchom- the matecmaif- lan log enech ^ hech beiifid amamu la dia- gcna.
19. By every law, a horfe for draft and a horfe for burthen, are efteemed of equal va- lue ; from three to five may be given in pay- ment for cloaths or or- naments of the body.
20. Young horfes or colts have their value ; but aged horfes only being allowed in pay- ment, if the payment fliould be made at the fair of Lughnafad ; (Taillen) or Conventi- on days of the State, and the perfon fliould be in pofieffion of colta only, he muft pay dou- ble in quantity inflead of hor&s.
21. Cid
666
A NT I ENT LAWS
ORIGINAL.
ai. Cid fc^fo ro fui- dtg^ techta fuillema ^n feoit athrebe do each fodlat trebe cia da rotiat dar cenn neicb m ailet acht fet immuin each ae befid fiu tatricc ar trtfe amal raghab lann agus lainnene, air- med agus iithal, lofat agus criathar, mias agus eoad, gaimen agus cherchuill agus fidkaf- tra fo gnama olchena.
TRANSLATION.
21. It is otdiioBi, that in rmall oocuna- ces between onepiiae I family and Mother, where the payment ta notarifetothe vtloetf cows or horfes, fecttat any houfchold ftrf may be bartered, fvk as gridics and wafiiing boards, meafores ami drinking bowls, loftli and fieves, difhes ml cups, hides and cib of wax, and all M of wooden vcflck
FRAGMENT II.
From the CoQedion of Sir John Seabrigrt, Bart.
22. T. f. g. dob. ben each Briugad la ; cipc aide ciape a huaifle ni aile acht fet inanmiun befid fiu laithg : aris rechtaid dilge da ben each Briugad.
22. The lawful pric. to be given, accord::^ to the old Law foritJ clothing of a {g) Bruigh'^ wife, be the Bruighn> ble or plebeian, is be: one cow ; for ever)' wi'i of aBruigh,fliallbytl:i Law be exonerated.
23. Ki
(g) The Bruifirh was a pcrfon endowed with land a» ftock by the Pnncc of each Territory : he was obliged s
kee
OT IRELAND.
4»}
GINAL.
i nach ba 7 7 nach airged
' tug bean in
ingeall uairda fm rabadh da
adh dan Briu- uilliumh da
mnai, no gon
eithbh :
f. g. dob. ben 7 Ogairech bert fide acht tra ro fuidiged 5 fri tcora dar- :ce dimboech-
TRANSLATION.
25. Neither gows, fteeds, filver or gold, it to be given for the pay- ment of the cloatbing of a Bniig^'s wife : two thirds, or even half of the value, may be paid in provifions orvifiuals. N. B. This Number ii the huerlineatm ^ fame Commeniaiar.
24. By the old Law, the lawful price of the cloathing of a wife of a Boairech, or of an Ogai- rec, (hall be repaid by gra^ng : their forety for the fame (hall be 3 heifers, until they have fulfilled the grazing of cows agreed on. N. B. They have liber- ty rf payif^ two thirds of the value in cahes. Commentator. 25. T, f. g.
beds and open table for all trarellers. And . or petty Prince was compelled, by die Laws . to eftablilh a Bniigh in every Difeid belong* He was obliged to fopply all Airechs witn 8 and baek-gammon tables^ and all mariners I will be mort ^7 explained in the comie of
669
ANTIENT LAWS
ORIGINAL.
25. T. f. g. cacha mnarindas. i.inbhan- bhard, la : ma do roth is diles dofui diu aige fine caichda randichet cenn a gell do rinnad. coro fuigle dia inchuib tre gabla fet, imtha da techta f. g. cacha fir rinnas ro fuidiged ic- comdirc otha tigcrn bardd coruicc dris cona is innunn fuillem diana gcllaib.
a6. T.f. g. fuad. i. in tOllomh filcdh. no tanaife. i. in tAnradh filedh. ciapa met ciaba laiget ro fuidiged for cuicfetaib. i. famhaifce acobiur la aithgin.
27. T. f. g. fnataite la : dairt direnar inna fuillemafide mad brat- fnat is colbtach inna fuiUemfid nochis corn- dire di cech recht achtit mna ata coriu dia ta- bairt in gell.
TRANSLATION.
25. The lawful value of cloathing to apoetefs or to thte wife of a Bard according to the old Law. If he be of long fianding in the Tribe it is proper he (houldbe made free. Three mildi cows is the value of a free poet'scloathing and of his wifc*s : it is the fame from the chief Bard of a Flaith (petty prince) to the Ollamh, or Poet Laureat ; and the value of their wives cloathing is the fame.
26. The lawful price of the cloathing of an Ollamh, or Poet Lau- reat, and of the Anra, or fecond Poet, is five milch cows.
27. The value of nee- dle work, according to old Law. A young bul- lock or fleer is the pay- ment for a manlle wrought with the nee- dle, or an heifer is equal payment. It is therefore enadled^ that every wo- Aan fliall pay this re- ward for fuch work.
OF IRELAND.
66p
[ G I N A L.
r. f. g. fnaiic la : imden- renar corruicce igi argit air is dothorbu dofli 1 bes druinech cidrigna.
r. f. g. iad aige ; ma beith cona faib tccliiaib ro >r fe fetaib ac- ' iFuillimaib a dire inibet atothcufa nde ni aiie acht
fiu innaile im- ch fet bes inde beas immuine.
Caille eudache on 7 lann oir 7 jid, &c.
TRANSLATION.
28. The value of cm- broidery according to old Law ; for work of this kind, properly done andcompletely finifhed, the reward is an ounce of (liver : more is to be paid for extraordinary work in proportiop.
N. B. Divers colours on fcarktftlk is to be paid for according toils me- rit. Commentator.
29. The lawful price of a Queen's cloathing, if (he brought a legal dowry, is fix cows ; but if (he brought no dowry the payment to be made is in proportion to the value of the cloathing.
N. B. This chatting may confijl of bodf chatbsy a golden bead drefs in form of a crowny a golden veil^ or a Jilver cbain for tbe neck ; provided tbe cbain does not
• weigh more tban 3 ounces: tbe value of tbe cbain lefs tban 3 ounces is onfy 3 cows. Commentator.
tfjo
AITTIENT LAWS
ORIGINAL.
30. T. f. g. ctmg mna caich cideroth ni aile acht etach befid fiu mna muini inalbai no eich no or no airget no humha no iarann. do rata infin gell do intai- tcrnichair fm dia/ncea athcomarcc dia ceiliu ineoch mad rodma in celi is do direnar afuil- km.
31. Nochoiflc fuil- lemgill trcnig la : da trian aloge do bcrar mna fuillem la aithgin ni tuilli ni bes mo acht ro ben dorata in gell.
TRANSLATION
30. The hwful pice of the cloatbing oTevtrj other woman (om- ments excepted,) lAt thertobepaidiDOOf^ horfes, gold, filver^of- per,oriron, when fine ties are given, the bof* band muft pay the ttl value, whether the »ifc remains withhimarodl l^.B.IfJbeisdimi for adultery ^thuhn is reverfed^ aiik woman mufi pajf9 thirds <f ibif(iiv9* bie. CommMaiv,
31. I do not apprort oflhelaftLaw,tho'oa«
of the old Laws. T«
thirds of the value onlv,
(hall, in that cafe, M
on the hufband, and ti
wife (hall give fure:^
for the remaining thiii
N. B. Tbis appeal
me to be the otfeni'
tion of a Qmrnm^
tor^ although wt0
in the great Tefst bm
in the MSS, lik *
re/i of the Laws.
CM
32. T.fj
F IRELAND.
671
INAL.
g. do beir irech feibc Hatha.) or
trib fctalb na fuillem. ni piadach :hos.) conea rata, no ni
cunnduala. ni aile acht s fed Inna* le beifid fiu.
TRANSLATION.
32. The lawful price of the cloathing of every W6man of the degree of an Airech's wife is three cows ; and for any ex- traordinary work, the price muft be propor- tionable : but if (he brought no dowry, (he is forbid to wear any thing exceeding the va- lue of 6 cows.
the Corporation Book of Irishtown, ^ N N T, it appears, that the Iri(hwomen extraordinary Cap or Head Drefs, as late
>n of Irishtown, i5tH December 1557.
f the court made by the portreeve* burgefles, ins of Irifhtown, 7th Jan. 15371 it was or- . the following prices (hould be paid within poration for making the underneath particu-
dubblet, with a new fafliioned BcUire to be
de for IS. fterling.
f gally-enKhes to be made for 8d.
f new fafbioned clofe ho(e 6d.
in*s IriHi coat double feamed» being not
I filk, 7d.
:e of filk to be wrought upon a woman's coat
er to forfeit two (hillings.
. This year happened the great flood* when ind women were drowned, and St. John's aflle fell down. Amio
72 A N T I E N T L A W S, &c.
Anno 156;. Bye-law in the corporation of Iriflitoir:., that no inhabitant dwelling within the mitre land» being 1 freeman or wotnan» wear no apptrel but after the Englifn falhion ; nor no woman wear ilafs upon pain of forfeiture ; and that every burgefs (hall go in his cloak, and fo everj freeman, upon pain of forfeiture^ excepting W. Dullany, Teig Lowry, R. Wale.
The following Law, extraAed from the fame Book, is inferted for the curious, tho' relating to another fubjcft.
At a Doer hundred, held 8th Jan. 1 579.
IT tsenaded, by the aflent of the portrieve, burgeircs and commons, that where great inconveniencies have hap- pened, and wafte and fcarcitr of yictles, to the great im- poverifhing of many of the inhabitants of this corporaticc ; whotho' their ability could not afford the like charj^e, yet pride and comparifon, who Ihould make the grcateil cheer at churching of women after child-birth, h^th been the utter undoing of many, as daily we fee : for to avcic the likegrofs enormity and harm, be it enadieJ, tha: no man or woman (hall come hereafter to any chrillening of children, or churching of women brought to bed, but the goiTobs for the lime being, fathers and mothers, brother:« and Ailers, upon pain of 40s. IriQi, to be levied and takes of the owner of the houfe io making the fcaft /o/xV/ quii:t\ to be divided, the one half to theportrieve and fpie : and that it ihall be lawfuhfor enny that fpieth fuch mrn or women coming from the feaft, to take away their hits or rolls, and mantles, and the fame to forfeit ; and 10 vAt away the midwife's roll and mantle, that goeth to var?. the people. And the parifh pried fhall have none In £3 company but his clerke.
Serjeants appointed to execute this Statute.
Thomas Poorb. RonY DoWLY.
(79 be C^nttnuid.)
END OF VO L. I.
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