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THE CONSTITUTION, AND HOW THE KINGS KEPT IT.
We have fortunately still existing the main provisions of that constitution which was prepared under the auspices of Saint Patrick, and which, though not immediately, nor simultaneously, was in the end accepted by all Erin as its supreme law. It is contained in a volume called "the Book of Rights," and in its printed form (the Dublin bilingual edition of 1847), fills some 250 octavo pages. This book may be said to contain the original institutes of Erin under her Celtic Kings: "the Brehon laws," (which have likewise been published), bear the same relation to "the Book of Rights," as the Statutes at large of England, or the United States, bear to the English Constitution in the one case, or to the collective Federal and State Constitutions in the other. Let us endeavour to comprehend what this ancient Irish Constitution was like, and how the Kings received it, at first.
There were, as we saw in the first chapter, beside the existing four Provinces, whose names are familiar to every one, a fifth principality of Meath. Each of the Provinces was subdivided into chieftainries, of which there were at least double or treble as many as there are now counties. The connection between the chief and his Prince, or the Prince and his monarch, was not of the nature of feudal obedience; for the fee-simple of the soil was never supposed to be vested in the sovereign, nor was the King considered to be the fountain of all honour. The Irish system blended the aristocratic and democratic elements more largely than the monarchical. Everything proceeded by election, but all the candidates should be of noble blood. The Chiefs, Princes, and Monarchs, so selected, were bound together by certain customs and tributes, originally invented by the genius of the Druids, and afterwards adopted and enforced by the authority of the Bishops. The tributes were paid in kind, and consisted of cattle, horses, foreign-born slaves, hounds, oxen, scarlet mantles, coats of mail, chess-boards and chess-men, drinking cups, and other portable articles of value. The quantity in every case due from a King to his subordinate, or from a subordinate to his King--for the gifts and grants were often reciprocal--is precisely stated in every instance. Besides these rights, this constitution defines the "prerogatives" of the five Kings on their journeys through each other's territory, their accession to power, or when present in the General Assemblies of the Kingdom. It contains, besides, a very numerous array of "prohibitions"--acts which neither the Ard-Righ nor any other Potentate may lawfully do. Most of these have reference to old local Pagan ceremonies in which the Kings once bore a leading part, but which were now strictly prohibited; others are of inter-Provincial significance, and others, again, are rules of personal conduct. Among the prohibitions of the monarch the first is, that the sun must never rise on him in his bed at Tara; among his prerogatives he was entitled to banquet on the first of August, on the fish of the Boyne, fruit from the Isle of Man, cresses from the Brosna river, venison from Naas, and to drink the water of the well of Talla: in other words, he was entitled to eat on that day, of the produce, whether of earth or water, of the remotest bounds, as well as of the very heart of his mensal domain. The King of Leinster was "prohibited" from upholding the Pagan ceremonies within his province, or to encamp for more than a week in certain districts; but he was "privileged" to feast on the fruits of Almain, to drink the ale of Cullen, and to preside over the games of Carman, (Wexford.) His colleague of Munster was "prohibited" from encamping a whole week at Killarney or on the Suir, and from mustering a martial host on the Leinster border at Gowran; he was "privileged" to pass the six weeks of Lent at Cashel (in free quarters), to use fire and force in compelling tribute from north Leinster; and to obtain a supply of cattle from Connaught, at the time "of the singing of the cuckoo." The Connaught King had five other singular "prohibitions" imposed on him--evidently with reference to some old Pagan rites--and his "prerogatives" were hostages from Galway, the monopoly of the chase in Mayo, free quarters in Murrisk, in the same neighbourhood, and to marshal his border-host at Athlone to confer with the tribes of Meath. The ruler of Ulster was also forbidden to indulge in such superstitious practices as observing omens of birds, or drinking of a certain fountain "between two darknesses;" his prerogatives were presiding at the games of Cooley, "with the assembly of the fleet;" the right of mustering his border army in the plains of Louth; free quarters in Armagh for three nights for his troops before setting out on an expedition; and to confine his hostages in Dunseverick, a strong fortress near the Giant's Causeway. Such were the principal checks imposed upon the individual caprice of Monarchs and Princes; the plain inference from all which is, that under the Constitution of Patrick, a Prince who clung to any remnant of ancient Paganism, might lawfully be refused those rents and dues which alone supported his dignity. In other words, disguised as it may be to us under ancient forms, "the Book of Rights" establishes Christianity as the law of the land. All national usages and customs, not conflicting with this supreme law, were recognized and sanctioned by it. The internal revenues in each particular Province were modelled upon the same general principle, with one memorable exception--the special tribute which Leinster paid to Munster--and which was the cause of more bloodshed than all other sources of domestic quarrel combined. The origin of this tax is surrounded with fable, but it appears to have arisen out of the reaction which took place, when Tuathal, "the Legitimate," was restored to the throne of his ancestors, after the successful revolt of the Belgic bondsmen. Leinster seems to have clung longest to the Belgic revolution, and to have submitted only after repeated defeats. Tuathal, therefore, imposed on that Province this heavy and degrading tax, compelling its Princes not only to render him and his successors immense herds of cattle, but also 150 male and female slaves, to do the menial offices about the palace of Tara. With a refinement of policy, as far-seeing as it was cruel, the proceeds of the tax were to be divided one-third to Ulster, one-third to Connaught, and the remainder between the Queen of the Monarch and the ruler of Munster. In this way all the other Provinces became interested in enforcing this invidious and oppressive enactment upon Leinster which, of course, was withheld whenever it could be refused with the smallest probability of success. Its resistance, and enforcement, especially by the kings of Munster, will be found a constant cause of civil war, even in Christian times.
The sceptre of Ireland, from her conversion to the time of Brian, was almost solely in the hands of the northern Hy-Nial, the same family as the O'Neills. All the kings of the sixth and seventh centuries were of that line. In the eighth century (from 709 to 742), the southern annalists style Cathal, King of Munster, Ard-Righ; in the ninth century (840 to 847), they give the same high title to Felim, King of Munster; and in the eleventh century Brian possessed that dignity for the twelve last years of his life, (1002 to 1014). With these exceptions, the northern Hy-Nial, and their co-relatives of Meath, called the southern Hy-Nial, seem to have retained the sceptre exclusively in their own hands, during the five first Christian centuries. Yet on every occasion, the ancient forms of election, (or procuring the adhesion of the Princes), had to be gone through. Perfect unanimity, however, was not required; a majority equal to two-thirds seems to have sufficed. If the candidate had the North in his favour, and one Province of the South, he was considered entitled to take possession of Tara; if he were a Southern, he should be seconded either by Connaught or Ulster, before he could lawfully possess himself of the supreme power. The benediction of the Archbishop of Armagh, seems to have been necessary to confirm the choice of the Provincials. The monarchs, like the petty kings, were crowned or "made" on the summit of some lofty mound prepared for that purpose; an hereditary officer, appointed to that duty, presented him with a white wand perfectly straight, as an emblem of the purity and uprightness which should guide all his decisions, and, clothed with his royal robes, the new ruler descended among his people, and solemnly swore to protect their rights and to administer equal justice to all. This was the civil ceremony; the solemn blessing took place in a church, and is supposed to be the oldest form of coronation service observed anywhere in Christendom.
A ceremonial, not without dignity, regulated the gradations of honour, in the General Assemblies of Erin. The time of meeting was the great Pagan Feast of Samhain, the 1st of November. A feast of three days opened and closed the Assembly, and during its sittings, crimes of violence committed on those in attendance were punished with instant death. The monarch himself had no power to pardon any violator of this established law. The Chiefs of territories sat, each in an appointed seat, under his own shield; the seats being arranged by order of the Ollamh, or Recorder, whose duty it was to preserve the muster-roll, containing the names of all the living nobles. The Champions, or leaders of military bands, occupied a secondary position, each sitting' under his own shield. Females and spectators of an inferior rank were excluded; the Christian clergy naturally stepped into the empty places of the Druids, and were placed immediately next the monarch.
We shall now briefly notice the principal acts of the first Christian kings, during the century immediately succeeding St. Patrick's death. Of OLLIOL, who succeeded Leary, we cannot say with certainty that he was a Christian. His successor, LEWY, son of Leary, we are expressly told was killed by lightning (A.D. 496), for "having violated the law of Patrick"--that is, probably, for having practised some of those Pagan rites forbidden to the monarchs by the revised constitution. His successor,
