77 



children or juniors, though generally on an equitable or equal scale. — 

 2nd. That the males of the families were alone capable of inheriting. 

 — 3rd. That illegitimate sons were equally entitled with legitimate, to 

 the lands of their father, (which shews the high, indeed the patriarchal 

 antiquity of the principle. — The 4th peculiarity was, that the senior, 

 and not the direct heir in lineal descent from the common stock, was 

 qualified to make this gavel; and though this senior reserved to him- 

 self but an equal share, yet he continued the chiefry of the whole 

 estate as vested in himself, by subjecting all the other shares to a 

 head rent or tribute, payable to himself during his life j the duty so 

 imposed being certainly slight, but sufficient to denote superiority.* 

 — 5th. It is also said, that when the gavel was made by the father, 

 after his death the equal share, which he allotted to himself, went to 

 the eldest son, according to the maxim of the Patriarchs, who allowed 

 a double portion to the first-born. -f* — And lastly, like the twin tenure 

 of Kent, it was not subject to escheat for treason or felony. 



It may be worth noting here, that there is very strong internal 

 evidence of a personal honour, or order of knighthood, having been 

 used at this early age in Ireland. The Annals of Tigernach, at A. D. 

 2, suggest that Cuchullin obtained such a distinction at the early age 

 of seventeen. In the book of the O'Kellys, there are several ancient 

 poems as on the Knights of the Red Branch, :J: and a far stronger tes- 

 timony from external authority will be given in the corresponding 

 section of the 4th Period of this Essay .§ i 



In the criminal code Feidlim, the son and successor of Tuathal, 



• See Vail. Coll. Hib. vol. 2. p. 32, &c. f See Vail. Coll. Hib. vol. I p. 263. 



+ Trans. lb-Celt Soc. p. cxxiv. 



§ It is certain that to Japhet's race were given the isles of the Gentiles, and from this 

 Japhet, Wintoun, in his " Cronykil," asserts, that knighthood was derived, 



"And of this Japhet come knychlhade." — Cron. b. 2. c. 8. v. 10. 



