Ireland under the Tudors, with a Succinct Account of the Earlier History. Vol. 1 (of 3)Bagwell, Richard
History
Ireland under the Tudors, with a Succinct Account of the Earlier History. Vol. 1 (of 3)
Bagwell, Richard
Ireland -- History -- 16th century
[7] 'The election,' says Dr. Sullivan, 'was always from the _Geilfine_,
or relatives within the fifth degree. Should the _Geilfine_ fail, or be
all killed in battle, the _Derbfine_, or relatives from the fifth to the
ninth degree, came in.'
[8] 'This,' says Dr. Sullivan, 'is not right. There was the "joint
undivided family" formed by the _Bo-aire_ class, or freemen possessed of
cattle. The poorer _Flaths_, or heads of septs, did not gavel their
possessions, but either elected a tanist or formed a "joint undivided
family." When the property of an _Aire_ was not sufficient to gavel, so
as to qualify one or more _Aires_, the division of the inheritance did
not take place, but the parties agreed to form a "_joint_ undivided
family." In such a family one was head, and as such was an _Aire_.
_Bo-aires_ of this class, to avoid the gavelling of their property,
elected a _Tanist_--the _Tanaise Bo-aire_. Poor and broken tribesmen, not
having sufficient wealth to qualify them as _Aires_, formed a
"joint-family," or _Congilda_. Every _Flath_, or head of a sept, had a
tanist also. The Irish "joint-family" was an institution of great
importance and of surpassing interest in the comparative history of the
Aryan family.'
[9] 'This account of Davies,' says Dr. Sullivan, 'is entirely wrong. The
law of the distribution of the property of a deceased tribesman was most
carefully laid down. No doubt then as now, and naturally more frequently
then than now, a chief, or head of a sept, or of a _Treb_ (homestead)
might usurp power he did not possess, and do wrong.'
[10] 'Marriages in Ireland,' says Dr. Sullivan, 'were not regulated by
canon law. The Irish marriage customs were in full force long after the
Norman conquest. According to these customs, which appear to have been
wholly uninfluenced by the canon law, bastardy was entirely different
from what that term implied in countries under canon law, and in modern
times. The Irish marriage customs should consequently be taken into
account here, as they sanctioned a kind of polygamy, divorce, &c. See
also the excommunication in 1282, by the Archbishop of Canterbury against
Llewellyn, Prince of Wales, at the request of Edward I., in which the
marriage customs of the Welsh, identical with those of the Irish,
constitute one of the charges.'
[11] _Le Résolution des justices touchant le Irish custome de gavelkind._
Reported by Sir John Davies, A.G., 3 Jac. i.
[12] Dr. Sullivan believes the story of the decision against Columba to
be a mere myth.
[13] 'The Irish Church,' says Dr. Sullivan, 'had undoubtedly two distinct
phases of monasticism: one that of the Patrician period--an obscure but
highly important and interesting phase; the other, that of the sixth and
subsequent centuries, to which the Irish missionaries belonged.'
Public-domain text, read in full here on John Shaqi.
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