A.C. diligently revised and and corrected; and arts and sciences were highly protected. Eefides the above meetings, two others were particularly convened; one at Cruachan, to examine the laws and police of the kingdom, and make their report to the eftates of Tara, what laws wanted to be revised, what exploded, and what new ones to be added to the national code. The meeting at Emania had for its fole object a retrospection to, and a reformation of the laws relative to mechanic arts, trade, and commerce; for great abufes had crept into all departments of the ftate fince the ufurpation of Cairbre, notwithstanding the endeavours of the juft Feredach; and this laft inftitution fhews clearly, how well informed Tacitus was *, when he declared the commerce of the Irish in his days to be much more extenfive than that of the Britons.

The establishment of internal peace and economy, gave vigour to the arms of the Irish in Britain; who, in conjunction with their Pictish allies, reduced the Romans and their British friends to a state of great diftrefs and mifery. So much fo, that 118 Adrian himfelf, came into Britain in perfon, to prevent the total

lofs of the island; and yet after exerting his utmost efforts, we fee them end in forming a wall from the river Eden in Carlisle, to the river Tine, near Newcastle, to prevent these invasions and and incurfions, which he was unable to oppofe.

But neither the great abilities of Tuathal as a statesman and a general, could fecure him from domeftic affliction. His eldest daughter he had married to Eochaidh, king of Leinfter, and her filter attended her to the Leinfter court. Eochaidh being of an amorous caft, paid his court privately to his fifter-in-law, and gained her affections. The queen informed of this illicit correfpondence, upbraids her fifter, who, overwhelmed with grief, fhame,

* In Vitâ Jul. Agricolæ.

and

and remorfe, fell into convulfions, which only ended with life. A.C. The queen, fhocked at the perfidy of her husband, and the fudden death of her fifter, foon after followed her. The monarch, informed of these transactions, convenes an extraordinary meeting of the national eftates at Tara, and there relates the above facts. Eochaidh is immediately put under the ban of the empire; and the different provinces fend in their quotas of troops to enforce this decree. The king of Leinster, unable to oppofe fuch combined forces, offered the most abject fubmiffion, and requested the monarch to propose any terms, to which he would submit.

Peace was concluded, and he restored to his dignity, on his fending hoftages to fecure, for his own life, the payment of the following tribute every fecond year, and the eftates of Leinster bound themselves by a moft folemn oath-i. e. " By the fun

moon, and ftars"-for themfelves, and for their fucceffors, to have this tribute for ever after continued. It confifted of 3000 cows, 3000 ounces of pure filver, 3000 mantles richly embroidered, 3000 hogs, 3000 fheep, and 3000 copper cauldrons. This tribute is the famous Boroimhe Laighean, or Leinfter tax, the fource of much blood and confufion to the kingdom; and from which the reader may conceive fome idea of the wealth and power of ancient Ireland. As an acknowlegement for the affistance granted to the monarch on this occafion, a part of this tribute was paid to the kings of Emania, and after the ruin of that great house, to the people of Orgial; a fecond to the kings of Conaught; a third to the people of Munfter; and the remainder into the imperial coffers.

This is not the first inftance in which the conduct of the kings of Leinster has been injurious to their own ftate. We have feen an heavy tax imposed on them, by Conaire the Great, for the murder of Eiderfeoil, his father. The prefent fine was attended with ftill more fatal confequences! By the ill conduct of Maol

mordha,

A.C. mordha, king of Leinfter, in the beginning of the eleventh century, Ireland was near becoming a province of Denmark; and the lewdness and irrafibility of Mac Murroch, in the decline of the next age, for ever deprived her of her liberty, and entailed afflictions and diftreffes on her fons and on their pofterity, fenfibly felt even at this day!

On the impofition of this famous tribute, the learned Dr. Warner makes reflections, which proclaim a clear head, and a good heart. But by the law of Eric, or retribution, if murther or any uncommon outrage was committed, the friends and relations of the culprit were taxed. If the criminal was obfcure, it was raised upon the community at large; but the prince being the father of all his people, and they all equally related to him, it feemed juft, that they should alike advance their proportions of the fine. Had this, like the tribute impofed by Conaire, continued during the life of the party aggrieved only, it had been happy for the nation; and yet, after all, the refentment fhewn, seems to reflect honour on the national virtue. For in the present inftance there was double murder, aggravated by the crime of inceft; and every violence offered to females, were always punished exemplarily.

After a glorious reign of thirty years Tuathal, who was furnamed Teacht-mhar, or the Wifhed-for, fell by the fword of Mal, a fecond branch of the house of Ir, defcended through the renowned Conall Cearnach, from Ruighruidhe the Great.

Hiftory of Ireland, vol. i.

CHAP.

A.C.

CHAP. VI.

Of Mal-Feidhlimidh the Law-giver-different attempts made towards a reformation of the laws and confiitution-the Lex Talionis fubftituted for the law called Earc, or Eric-of Cathoir the Great-his remarkable will, and the principal families defcended from him.

N

TWITHSTANDING the oath fworn by the national eftates, to bear due allegiance to Tuathal, and to his pofterity only, in exclufion to the other royal houses of Ireland, yet we find Mal, of the line of Ir, folemnly recognised as monarch; so neceffary is power to enforce allegiance! This revolution, and the confufion arifing from it, accounts well for the Romans extending their bounds, as they did at this time, in Britain, under the reign of Antoninus Pius, and fecuring it by a new wall. The fword of his fucceffor put a period to the life of Mal, after fwaying the Irish fceptre four years.

Feidhlimidh, the son of the great Tuathal, of the line of Heremon, was proclaimed monarch. His mother Baine, was daughter to Sgaile-Balbh, a British prince. Having established peace and fubordination at home, and finding the Romans fatisfied with the dominion they held in Britain, without a wish to extend their conquefts; and being befides of a peaceable difpofition, he turned his thoughts on revifing and amending the national code of laws.

Many attempts were made at a reformation of the laws, by feveral of his predeceffors, but of no great duration. From the beginning the monarchy was hereditary and elective;

that is

137

141

VOL. I.

G g

here

A.C. hereditary with regard to blood, as none could be chofe but fuch as were of the royal line of Milefius; but elective with respect to the perfons of that blood. But the royal blood being very numerous, in the different great houses, was the fource, as we have seen, of almost continued wars between the different competitors the moment a prince of uncommon talents filled the throne, he at once faw how deftructive this mode of election was to the nation, and laboured to leffen the number of candidates, by confining them to his own line. This was the cafe with that prince of legislators, Ollamh-Fodhla, with Jughaine-More, with his own father Tuathal, and now with himself. He recommended this great object to the confideration of the national eftates, and they obferved it as long as he held the power of enforcing it.

But though the laws of the land were executed with great impartiality during the administrations, of the above recited great princes, yet in the revolutions that intervened, many abuses crept in. So much fo, that in the reign of Eochaidh-Aremh, the entire body of the literati were banished the kingdom, though protected in Ulfter. Their great patron, Connor, saw the neceffity of a reformation; and under his aufpices Forchern, Neid, and Atharni formed a digeft of the laws, and rules for judging in difficult cafes; which were founded on fuch strict equity, as to be tranfmitted to pofterity, under the name of Breatha-Nimhe, or Celestial Judgements. Similar attempts were made centuries before, renewed by the celebrated Moran, under Feredach, and revived by Tuathal. So exact were these, that even the Cain, or impoft raised an conquered lands, was determined! But the principal reformation made by Feidhlimidh-and a great one it must be confeffed it was, as it operated fenfibly on the manners

Ogygia, p. 217. Cambr. Everf. p. 157, &c. &c.

of