revolutions occur to influence the progress of society. Now, it appears to me, that though the Brehon laws have been abolished for two centuries, some of the practices on which they were founded, and some of the consequences arising out of that state of society, to which alone they could be applicable, may still be traced in Ireland. Every modern traveller in this island, has remarked the infinite division of land, the opportunities which this circumstance affords to early marriages, and consequently the vast and rapidly increasing extent of the population. The two last of these circumstances generally, if not always, result from the first; it is to the origin of this, therefore, that our chief attention should be directed. Here it is not enough to say, that the Brehon laws occasioned the introduction of the peculiarity in question: they indeed sanctioned it; but they were the result of a rude and turbulent state of society; and after they were established, their influence tended to make permanent, that which was only accidental. The truth is, the Brehon, the Allodial, and Feudal systems, are in some things very analo gous, because they have had their origin in circumstances nearly, if not quite similar. On this subject the remark of Dr. Smith is undoubtedly true-" that such effects must "flow from such causes."

It is very certain, that the native Irish continue to this day the practice of their fathers with regard to the division of land; and their opinions, and prejudices, and habits, concur to make it still more permanent. The extreme facility with which they can erect a cottage, and procure potatoe land, which form all the competency they look for, induce them at an early life to form matrimonial connections, without any perplexing anxiety as to consequences. The system of dividing and letting lands, has, from the nature of the case, been much abused in modern times: it deprives the landlord of a great part of his revenue, whilst it grievously oppresses the several gradations of occupiers. It is in vain, however, to exclaim against the abuses connected with this practice; before these can be removed the state of society must be considerably changed: knowledge and education must in some degree be enjoyed; the desire of improving the condition must be excited; then, both proprietors and tenants will feel the happy impulse which growing prosperity, and opulence, and comfort, communicate.

These remarks may be confirmed by a reference to the state of the Highlands fifty years ago, and by comparing it with the present improved condition of that country. A species of

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*

"Mr.

Gavelkind was then very common in all the northern districts of Scotland. Not only was the land common among all the occupiers on a farm, and consequently unimproved; but it was divided successively among all the young branches of the several families of which the hamlet was composed. The power of the chieftain depended not on his wealth, but on the number of men he could command; and it was his interest, therefore, to encourage population, and, at the same time, the practice by which that population must be supported. "Cameron of Lochiel, whose rent never exceed"ed five hundred pounds a year, carried, in "1745, eight hundred of his own people into "the rebellion with him." But no sooner was education generally introduced into the Highlands, and the desire of improving the condition, so powerful in human nature, excited, than this patriarchal or feudal system began to disappear; and at the present day, there are not many traces to be discovered, either in farming, or in any other department of life, of a state of society which at so recent a period was universally predominant.

I have applied the term feudal to that species. of authority and government exercised by the

* This is still the case in some parts of the Highlands.

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highland chieftains, though I am aware that these existed long before the feudal system was introduced into Britain. "It is a mistake," says Dr. Smith, "to imagine that those territorial jurisdictions took their origin from the feudal "law. Not only the highest jurisdictions both “civil and criminal, but the power of levying troops, of coining money, and even that of making bye-laws for the government of their own people, were all rights possessed allodially by the great proprietors of land, several centuries "before even the name of the feudal law was "known in Europe. The authority and juris"diction of the Saxon lords in England, appear "to have been as great before the conquest, "as that of any of the Norman lords after it. "But the feudal law is not supposed to have be"come the common law of England till after the conquest."*

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Let it not be supposed that the change which has taken place in the state of society in the Highlands is entirely owing to the abolition of the feudal laws. To this event, indeed, it ought to be attributed, in so far as it has removed obstacles to the progress of knowledge and civilization. This revolution, however, is, in truth, the effect of moral and religious instruction, combined with that primitive simplicity and warm-heartedness, and

* Wealth of Nations, Vol. II. p. 122.

that love of independence and information, which so strongly mark the character of the Highlanders.

Now, why has not the same happy result taken place in Ireland? Because its inhabitants have not been put in possession of the same enlightened education; they have not had the same moral and religious instruction. The state of society, therefore, of the sixteenth century has in some degree been continued to the present period, and has produced the whole race of middle-men, so obstructive to the agricultural improvement of the country. How then are we to get rid of this noxious tribe? By exchanging those circumstances in which they are produced for others in which they cannot possibly exist. Raise the condition of the lower orders of the people, and this effect will necessarily follow:-But how is this to be done? I still recur to the same omnipotent principle, an enlightened education, moral and religious in

struction.

Before I leave the subject of the Brehon laws, I must take notice of the Eric, or the fine that was imposed on all criminals, proportioned to the degree of guilt attached to the crime. The word itself signifies a compensation;* and is

* This is evidently its signification in that passage of the Holy Scriptures, in which our Saviour says, What shall a