MacNeill — Ancient Irish Laio : Lav) of Status or Franchise. 267 



As Meyer, in his introduction to " Fianaigecht " (Todd Lectures, ser. xvi), 

 has shown, Feni was at one time a distinctive racial designation. So is 

 Goidil in that section of Irish literature which discriminated between the 

 traditional race-elements of the people of Ireland. The two names were 

 understood to be synonymous : 



Feni 6 Fenius as berta brig cen dochtai 

 Goidil 6 (joidiul Glass garta Scuitt 6 Seottai. 



" Feni from Fenius they were named, without strain of meaning ; Goidil 

 from Goidel Glass they were called, Scots from Scotta." My view is that 

 Goidil was a byname, which came into use at a relatively late time, and that 

 it was probably adopted from Cymric as Scotti was adopted from Gallo- 

 Latin ; further, that both names originally designated the Irish raiders who 

 infested the coasts of Britain and Gaul, Scotti meaning " raiders," and 

 Goidil " wild men," from old Cymric guicl, Welsh ginjcld, the Irish equivalent 

 being fed, fiad, < * redos " wild." F^ni, like Goidil, denoted specifically the 

 dominant Celtic race-element. For their doctrines and rules, the jurists 

 claimed, not their own authority, but the authority of the Feni. Ali'eady in 

 UB, the term Mre Fene " the speech of the Feni " denotes the archaic diction 

 of Irish law, but in UB and throughout the later juristic writings, the Feni 

 are no longer a race, they are a class, the class of landed freeholders. These 

 are the typical and normal freemen who hold the franchise of Irish law. To 

 their franchise are admitted, in virtue of calling, churchmen, men of secular 

 learning, men of the arts and crafts that were recognized to be " liberal." The 

 body of ancient law was called FenccJms, " the usage of the Feni." 



There is evidence of an early legal classification of the Feni in tliree 

 grades, ri, airefeie, bo'airc — king, noble of worth, noble of kine. This classifica- 

 tion is found in certain provisions of the law of fosterage, stated in the 

 Commentary, II 146, 148-150, 192. At II 146, the grades are named 

 ri, aire, aithech — king, noble, client. Aithech, connected with ath-fen, 

 " repays," aiiJie, " repayment," is synonymous with ce/e in this word's special 

 meaning of a freeman who enters into a contract with a noble to receive 

 capital {rath) and render food-provision and services in return. Though a 

 hdaire might remain uncontracted in this way, it is abundantly evident that 

 the celt or aitldg were all of the boaire class, and that most of this class became 

 celi. All the Feni who had sufficient property were of the class of aire or 

 noble. In fact, the Feni were the nobility. At II 148-150, the same 

 classification is given under the terms ri, aire, grad Fene — king, noble, grade 

 of the Feni. At II 192, the "chattels of maintenance," given by a foster- 

 father to a fosterson to secure maintenance in old age, are on a threefold 



[3P] 



