Brehon
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Brehon (Irish: breitheamh, pronounced [ˈbʲɾʲɛhəw]) is a term for a historical arbitration, mediative and judicial role in Gaelic culture. Brehons were part of the system of Early Irish law, which was also simply called "Brehon law". Brehons were judges, close in importance to the chiefs.
History
Ireland's indigenous system of law dates from the Iron Age. Known as Brehon law, it developed from customs which had been passed on orally from one generation to the next. Brehon law was administered by Brehons. They were similar to judges, though their role was closer to that of arbitrators. Their task was to preserve and interpret the law.[1]
In the history of the
A
The brehons of ancient Ireland were wise individuals who memorised and applied the laws to settle disputes among members of an extended family. Some brehons were attached to clans, and were allotted a portion of land for their support. Others lived independently by their profession. They were recognised as a professional class apart from druids and
In ancient Ireland, Brehons, as part of the leading members of society, would take part in an event which took place every three years on
The preparatory course of study extended over some twenty years. The Brehon laws were originally composed in poetic verse to aid memorisation. Brehons were liable for damages if their rulings were incorrect, illegal or unjust. When one brehon had adjudicated on a matter submitted to him, there could be no appeal to another Brehon of the same rank; but there might be an appeal to a higher court, provided the appellant gave security.[3] The ranking of a brithem was based on their skill, and on whether they knew all three components of law: traditional law, poetry, and (added later) canon law.
In Prechristian Medieval Ireland prior to the earliest written manuscript. Law was practised by hereditary judges known as
In pre-Norman times, it was the King who passed judgment, when necessary, following recitation of applicable law and advice from the Brehon.
While originating in
One of the main responsibilities of a Brehon was to record the genealogies of the people. One of the most notable Brehons associated with recording genealogies was the Clan Mac Fhirbhisigh. Dubhaltach Mac Fhirbhisigh produced Leabhar na nGenealach, also the abridgment version Cuimre na nGenealach and Great Book of Lecan. The genealogist would also be referred to in old Irish as a Seanchaidhe. The basic family unit under brehon law in ancient Ireland was defined as Derbfine, or "True Kin" in English[10] Another Brehon family noted for recording genealogies were the Ó Cléirigh, such as Mícheál Ó Cléirigh, the author of the Annals of the Four Masters.
In 2000 controversial Irish lawyer Vincent Salafia founded the Brehon Law Project, to promote the academic study of Brehon law. The courses were formed to aid the funding of the translation of early Irish Law manuscripts and to make the study of Ancient Irish Law available for academic scholarship.[11][12][13]
Several dozen families were recognised as hereditary Brehon clans.
Aisling poetry
Within the bardic tradition, a poetic genre developed during the 17th century known as the
Other notable classifications of aisling poetry or sometimes in the form of musical lyrics in Irish history and culture include
An Bradán Feasa (Salmon of Knowledge)
The
One story states that
The salmon is also connected mythologically to the Celtic Otherworld and the tales of the Sidhe. Symbolically it can exist in two worlds, one being the freshwater rivers and also in the otherworld being in the saltwater of the sea. There is a story mentioned in the Annal of the Four Masters about Tuan mac Cairill, who is said to have lived during the age of the Patholónians. He had the supernatural ability to shape-shift into different forms of creature, the final form being a salmon, just before being eaten by the wife of a chieftain called Cairill, who later gave birth to him as human once again. He lived for several thousand years in numerous different reincarnations as animals and seen through their eyes the coming of the different ages and invaders throughout Irish history, right up to the dawning of the Christian age. He was known as the "seer" or the storehouse of knowledge of Irish history. Fintan mac Bóchra also transformed into a salmon in a place now known as Fintan's Grave near Lough Derg, he arrived with the first settlers in Ireland, the Cessairians.[20]
Brehon laws and the early Irish church (Céilí Dé)
With the birth of Christianity in Ireland, in regard to the older Brehon Civil laws and Pre-Christian customs, efforts were made to assimilate them into the earliest Christian movement in Ireland known as the Céilí Dé or in English the Culdees by its founding Saints/Monks. One of the example is the ancient practice of crafting a Brigid's cross and the surrounding myths associated with it had been a Imbolc custom associated with the pagan goddesses Brigid, these customs were adopted and incorporated into the early Irish Christian church. Some of the Culdee Saints were brought up in pagan traditions before being converted to the new belief system. In contrast to the version Roman of Christianity, the Celtic or Culdee Religion was influenced by nature and the natural world, many of the oldest saints (only later became romanised), were associated with Holy wells, hills and trees which was a tradition that goes back to the ancient worship of Celtic Gods and Goddesses of the Pre-Christian Pagan world, an example is the custom of Clootie well.
Tallaght Abbey (Mainistir Tamhlacht)
Tallaght Abbey became the mother house of the Culdee (Céile Dé) movement. Tallaght or Tamlacht in Irish means 'burial ground', it was a pagan plague-burial ground that was connected with the people of
Other Culdee monasteries and saints
Armagh (Ard Mhacha)
Some of the locations of the earliest Culdee churches were sited near or on top of what used to be important Pre-Christian sites. In Ireland, a notable example is when Saint Patrick choose to build his first stone church in Ireland, he decided to build it as close as possible to the Ancient Druidic site of
Blathmac
The find in 1953 of the old Irish poems of Blathmac, constituted the largest ever addition of text to the corpus of Early Irish, some parts of it also still remain untranslated and unpublished due to its poor condition. They were discovered among a collection of ancient seventeenth century manuscripts, which had once belonged to the Brehon and scribe Mícheál Ó Cléirigh, it was found by a twentieth century [clarification needed] Dublin Institute for Advanced Studies scholar, Nessa Ní Shéaghdha. The poems were edited and published eleven years later by James Carney in Vol. 47 of the Irish Texts Society monographs. They date back to the 8th century, possibly earlier and consisted of detailed references to the importance Christ and to the Virgin Mary. Carney had suggested that Blathmac may have originally come from filí and druidic background but later been a convert to become part of the Culdee Reform movement through a detailed study of the structure of his poetry, which resembled in style to the Félire Óengusso.[27][28]
Clonmacnoise (Cluain Mhic Nóis)
An important Culdee monastery was Clonmacnoise: the Annals of the Four Masters mention Conn na mbocht (Conn of the Paupers), who was head of the Culdees and Bishop of Clonmacnoise. Much of the information of Pagan or Pre-Christian Ireland was transferred into text by monks and scholars for the first time at Clonmacnoise from what had previously been Orally passed down generations. With the arrival of the Christian age, the
In the
Soon after Diarmait's death Áed fled to the island of Tiree, where it was said he trained to be a Culdee priest, much to the disgust of both Columba and Adomnán. Columba himself on hearing the news had prophesied by means of a curse that a threefold death would happen to the bloody murderer Áed Dub mac Suibni.[29][30]
Devenish Island (Damh Inis)
A Culdee (Céilí Dé) community on
The O’Corcoran family were a well known Culdee family of Devinish. Other Culdee families in this Central/Eastern Fermanagh and Western Tyrone area included the Mac Giolla Coisgle (Anglicised Cosgrove, McCusker, Cuskelly and McCloskey and Brehons in law, both canon and civil, and Culdee Vicars Choral), O’Luinin (Anglicised Lunney and Brehons in history, genealogy and poetry and Ollamh to the Maguire) and Mag Uinnseannin/Mac Giolla Seanin (Anglicised to Nugent and Brehons in law, both canon and civil).St. Seachnall's Church, Dunshaughlin (Cill Sechnaill, Dún Seachlainn)
Sechnall (Secundinus) was the founder and patron saint of Domhnach Sechnaill, Co. Meath, who went down in medieval tradition as a disciple of St Patrick and one of the first bishops of Armagh. Although modern historians have disputed his connection with St Patrick and suggested this was later tradition in fact invented by Armagh historians in favour of their patron saint and that Secundinus is more likely to have been a separate missionary, possibly a companion of Palladius.
Secundinus was the author of an early Latin hymn in praise of St Patrick, known as Audite Omnes Amantes ("Hear ye, All lovers") or the Hymn of Secundinus written in trochaic septenarius, the earliest copy of which is found in the late 7th-century Antiphonary of Bangor.
Fore Abbey (Mainistir Fhobhair)
The Christian monastery at Fore was founded by
Scattery Island (Inis Cathaigh)
A Céile Dé Monastery existed on Scattery Island or Inis Cathaigh which consisted of a monastery and Round Tower. The island was once the hermitage of
A hagiography of Saint Senan and Amra Senáin ("The Eulogy of Senán") is contained within the
In the Psalter
Another important monk who also trained and later served as bishop of Inis Cathaigh after the passing of Saint Senan was
Culdees in Scotland
In Scotland a sacred pagan site had existed on the Island of Iona also known as Innis na Druineach (Isle of the Druids) before Saint Columba settled on the island and established a small Culdee hermitage. Later a significant figure in the 9th century Culdee movement in Scotland was Diarmait of Iona. Diarmait took over the abbacy of Iona at time when it was plunged into the depths of turmoil and facing uncertain future during the early 9th century with the abbey being continuously attacked and pillaged by Viking Raids, many of the relics of Columba were transferred to Abbey of Kells, an abbacy that was refounded by Diarmait of Iona's predecessor Cellach Cellach mac Congaile. Although Kells Abbey had actually already been founded centuries before by Columba around 550 AD on the permission of the High King Diarmait mac Cerbaill, in the space of only a decade of the abbey's initial establishment, the same High king on the advice of his Brehon, passed a damning judgement against Columba over the copying of a Saint Finnian's book, which sparked the beginning of a period of huge upheaval for the monk, he instigated a bloody rebellion against the king which resulted in many deaths. After a period of deep reflection, Columba travelled to Inishmurray and confessed his guilt to an aged hermit and his Anam Cara called St Molaise, who told him in order to seek penance, he advised the monk to permanently leave his homeland and attempt to convert as many pagan people to the Christian faith as the 300 lives he lost as result of the Battle of Cúl Dreimhne in 561. Not long after, Columba set sail to Dál Riata or Western Scotland and founded Iona Abbey in 563.[35][36]
In the late 9th century many of the Columban relics of Iona during the Viking raids went to
Diarmait of Iona would have had the
The religious historian and antiquarian,
Iona Abbey
The founder of the Iona Abbey, Saint Columba, before traveling to Scotland, was under the care of Cruithnechán and he developed a deeply religious feeling which was to lead to such great results, and he received the name in Old Irish of Coluim-Cille meaning "Dove of the Cell", the word Cille meant an anchorite's cell, it only became associated with the broader meaning of "church" in a later form of Irish. According to the ancient Irish records in the Leabhar Breac, it was because he so often, he came from the cell in which he read his psalms to meet the children of the neighbourhood and the children would say: "Has our little Colum come today from the cell in Tir-Lughdech in Cinell Conaill?". While living at Iona, he also had his own wooden hermits cell located on the 'Tòrr an Aba' which translates to "the mound of the abbot". Coluim-Cille was later Latinised to Columba, the name is associated with broad categories of doves and pigeons, coincidentally also in Hebrew the translation for dove is Iona which derives from the biblical god Yonah.[38][39]
Dunkeld
Saint Columba was a descendant of the royal dynasty
Moot Hill
The druidic mound of
Monymusk Priory
The earliest Christian missionaries to arrive in
Fortingall
The village of
Kingdom of the Rhinns
The
The 9th-century
Some of the first Norse settlers on the Orkney's, Faroe's and Iceland were said to be Norse–Gaels, referred to as Vestmenn. When Scandinavians first set foot on these islands they found a community of Culdee monks, referred to as papar. Numerous place names on the orkneys are named of these same eremitic Gaelic monks such as Pabbay,"Island of the papar (Culdee)" or Pabay.
Culdees in Wales and Cornwall
Although the name ‘Culdee’ is rarely used to refer to the Celtic Saints in Wales and Cornwall, many of them began as hermits, passed on pre-Christian druidic beliefs and traditions into the new Christian age. They originally lived as anchorites and anchoresses, established isolated retreats in the wilderness such as bogs, forests, and small offshore isles, generally in locations and places that held a significance going back to Druidic times, later these sites became major Celtic Christian monasteries. The most famous of the “insular” hubs of monastic life were on Anglesey and Bardsey. The Celtic Christian Church in Wales remained independent of the Holy See up to the late Middle Ages, it resisted any Gregorian reforms that Canterbury and Saint Augustine tried in impose on the early Welsh Church.
Saint David
Before the writings of St David's cult by chronicler
Officially the feast day of
The Welsh Celtic Scholar
Caldey Island
Caldey Island history stretches back to over 1500 years to when the first Celtic monastery was built there in the 5th century. The island was named Ynys Bŷr after
Sant Ffraid (Saint Brigid) and the Celtic Saints of North Wales
Sant Ffraid (Brigit) of North Wales was believed to be an Irish nun in legend that first landed from the sea on a floating piece turf at
An important Celtic saint of Llŷn Peninsula called Saint Beuno was first registered as a Celtic Saint with a feast day 21 April in the ninth-century in both the Irish martyrologies of Tallaght and of Gorman. He established the monastery of Clynnog Fawr which translates into English to 'the place of the holly-trees', according to legend it was said on his death bed to have had visions of the ‘all the saints and druids’. St Beuno's well was traditionally used for the treatment of sick children, after bathing the treated child was carried to St Beuno's chapel and laid on rushes overnight on Beuno's tomb. Holy wells dedicated to Celtic saints or monasteries, in fact, would have once been connected with a Celtic goddess or female deity.[50]
Bardsley Island seems likely to have been a seat of the Culdees, or Colidei, the first religious recluses of Great Britain, who sought Islands and desert places as hermitages, so they might in security worship the true God. The Convent at Bardsey (Enlli) was one of the most ancient religious Institutions in North Wales, established by the king of Llŷn Einion Frenin, who also founded a college on that Island, about the middle of the 9th Century. Dubricius, Archbishop of Caerleon, who had resigned in favour of St Davids, retired to Bardsey, where he died about the year 612, from which circumstance, it is evident that there must have been a religious establishment here prior to that period. Gerald of Wales writing in Speculum Ecclesiae about 1220, used the term “coelibes sive coli dei” translates as “celibate or to worship God” to refer to the hermit Celtic monks of both Enlli as well as for the monks of Beddgelert, Coli dei (Anglicised as Culdees) "is not Latin as Gerald assumes, in translating it as worshipers of God. It comes from the Old Irish of Céilí Dé, meaning "servants of God".[51][52] In the old orchard next to the 13th century Christian monastery on the island was discovered in 1998 by Ian Sturrock what was later classed as ‘the rarest apple trees in the world’.
Historians such as
Professor
Saint Govan
In the Arthurian legends, one version of the death of Sir Gawain, a myth which is more attributed to Welsh folklore, was said to have been laid to rest under Saint Govan's Chapel, having retired to live out his days on the site as a hermit after his uncle Arthur's death.
Saint Modomnoc
The Félire Óengusso names the beekeeper at
Saint Máedóc(Aidan) of Ferns
There had been several Irish saints named
He became the first Bishop of Ferns after King Brandub of the Uí Ceinnselaig, a royal dynasty of Leinster granted him lands in the area, before Aidan's appointment the parish previously came most likely under the jurisdiction or see of Saint Sletty of Fiach. The monastery of Saint Marys Abbey in Ferns was built by the king leinster, Diarmait Mac Murchada, who was a Gaelic king noted in Irish history for his shady dealings with the Normans and the Earldom of Pembroke which ultimately lead to the Anglo-Norman invasion of Ireland in the 12th century. In Pre-Norman times, Ferns was once the ancient capital of Leinster and the seat of Diarmait Mac Murchada and his descendants.[citation needed] where he established a monastery.[61]
A story about a
Saint Máedóc (Aidan) of Llawhadan
Saint Máedóc (Aidan) was also connected with the Welsh parish of Llanhuadain, the name translates as the "monastic enclosure (Llan) of St Aidan", the village is part of the broader community of Narberth, which was steeped in Welsh Pre-Christian history and mythology. Llanduadain and Robeston Wathen formed part of the ancient administrative area of Narberth Hundred. On one side of Narberth is Clynderwen, there is a bilingual Latin-Old Irish Ogham stone with the inscription Votecorigas written on it, who was a King of Dyfed in the early to mid-6th century.[63]
The town of Narberth itself was connected to the
It was on the Gorsedd Arbeth near the court of Dyfed the legendary prince of Dyfed, would become Pwyll Pen Annwn (Pwyll Head of the Annwn) when he had his first meeting with the otherworldly woman Rhiannon and they gave birth to a son Pryderi fab Pwyll, born in Narberth. Pryderi became the ruler of the seven Cantref of Dyfed and he was part of the mythical figures of Llŷr in Welsh mythology. In the Mabinogi third branch, Manawydan son of Llŷr and Rhiannon take a walk to the throne of Arberth (Gorsedd Narberth) to look over the land from the top of the mound when a great mist of enchantment falls on them. When the mist lifts, the entire kingdom of Dyfed was deserted, everyone and everything had disappeared without trace. The stories of the Mabinogion originated out of a middle Welsh oral tradition passed down generations which were later transferred to written text.
Rhiannon has similarities with
Saint Illtud
In Wales,
Saint Ailbe
The Martyrology of Tallaght lists the feast dates of five principal
Celtic Christianity in Cornwall
One of the earliest Celtic Christian Churches found in Britain is St Piran's Oratory and Old Church in Perranzabuloe, dating from the 6th century. A Cornish saint called Saint Madron was said to have been a disciple of Ciarán of Saigir, some scholars have suggested he may have been a Christianisation of the pre-Christian, pagan goddess of Modron, mother to Mabon.
Bride's Hill (Glastonbury)
At St Michael's Church Tower on
Druim Cetta
In the
The high king
Some have suggested that St Canice may also have been part of the Dal Riata delegation that arrived at Druim Cetta. Saint Canice was born into a bardic family, his father Lughadh Leithdhearg was a distinguished bard. The Saint founded Drumachose Abbey close to Limavady, he is also the patron saint of nearby Roe Valley, the place where St Columba is said to have arrived by boat on the River Roe to take part in the Great Assembly on Mullagh Hill.[72]
The ancient tree laws (Bretha Comaithchesa)
In Irish mythology the
In the Brehon Law manuscript Bretha Comaithchesa or "Laws of the Neighbourhood" it describes the earliest constructed Christian church in Ireland as being referred to as a
In the Bretha Comaithchesa, the Brehon Laws imposed heavy fines for the destruction of trees based on a hierarchical classification of punishment depending on the importance of the tree. The seven most important trees which were categorised in the highest classification Airig Fedo for protection were the oak, scot pine, hazel, ash, yew, apple and the holly. These trees were all referred to as "the Chieftains of the woods" and any damage inflected on them would result in the most severe punishment, the same kind of penalty that would be imposed upon a person who was found guilty of killing the Noblest Chieftain (person). The next category down was the Aithig Fedo ("commoners of the wood"), these seven included the hawthorn and birch among other trees. Fodla fedo ("lower divisions of the wood") includes blackthorn and elder and the lowest category being the Losa fedo ("bushes of the wood"). According to another law text Bechbretha "Bee Judgements", the fines for damages became even harsher or heavier if the tree was tampered with during a time of growth rather than a time of dormancy. Tragically, considering the value placed on trees in ancient Ireland, today Ireland is among the countries with the least woodland cover in the whole of Europe; only 11% of the island is covered by trees and, the vast majority being conifers, most are planted for purely economic or farming purposes rather than unfettered wild wooded oak forests.[75][76]
The Brehon laws and Anglo-Norman invasion of 1169
The first real effort to encroach on the Irish laws came with the Anglo Norman invasion in the 12th century, led by Richard de Clare, 2nd Earl of Pembroke, commonly known as 'Strongbow'. The Normans also claimed they were issued with the Laudabiliter by Pope Adrian IV which gave official Vatican approval for the Anglo-Normans to invade and forcefully bring the native Irish Christian church under the jurisdiction of Holy See of Rome.[77]
The invasion came about due to the deposed King of Leinster, Diarmait Mac Murchada enlisting the help from King Henry II England in order to recover his kingdom in 1167. Diarmait Mac Murchada was deposed by the High King of Ireland, Ruaidrí Ua Conchobair (Rory O' Connor) for the abduction of Derbforgaill, the wife of King of Breifne, Tiernan O'Rourke. Ultimately Diarmait Mac Murchada enlisted the military support of the Earl of Pembroke (nicknamed "Strongbow") in order to regain his title.
A conflict occurred between the native Brehon laws and the newly imposed Norman laws over who should be the successor to Diarmait Mac Murchada as King of Leinster. After the King, passed away, the Brehon laws recognised his eldest son Domhnall Caomhánach mac Murchada through the Kings derbfine, he was the chosen Tánaist to succeed him as the king of Leinster, in keeping with the laws of Tanistry. The Norman laws however supported the Anglo-Norman leader Strongbow claim as the successor Diarmait Mac Murchada on the basis that he was married to the king's daughter Aoife Mac Murchada. Strongbow tried to present the argument that he should inherit the title through his wife bloodlines.[78]
The Brehon laws and 1925 case of the Erne fishermen
The revival of the Brehon laws proved crucial in the twentieth century in the case of Kildoney fishermen caught poaching salmon between the Assaroe Falls and River Erne tidal estuary. It was one of the longest-running and complex cases in the country's history. Fishing rights on the river estuary were under the ownership of the Erne Fishing Company, originally owned by a landowner, and this had been the case for three centuries since the introduction of the common law legal system. Natives or locals of Ballyshannon were legally restricted from benefiting or fishing in the river tidal estuary which was teeming with salmon. One of the most notable previous owners of the Erne Fishing Company was a landowner named William Conolly; he was also known for building the cursed Hellfire club on top of already existing ancient sacred cairn on Montpelier hill.
In 1925 six local fishermen from Kildoney were arrested poaching in broad daylight. Many believe it was deliberate provocation in order to legally challenge or contest legitimacy of the legal status quo at that time. They were caught by an Erne Fishing Company patrol boat, the subsequent court case proved to be the longest in the country's history and ultimately the courts examined interpretations of the Brehon laws, which proved to be key in deciding the final verdict.[79]
It considered the legal rights of individuals to fish not just in terms of the then-existing common law system but also from
This particular case was seen as a significant landmark in the sovereignty of the modern Irish state. The owner of Erne Fishery Company, Robert Lyon Moore, attempted to appeal the decision of the Irish courts to the Privy council in London. The government at the time promptly passed legislation that abolished any right to appeal on any decisions made in courts in Ireland to the Privy council in London, which was deemed outside the jurisdiction of the state. A Fianna Fáil government brought in the Constitution Act in 1933 just after the completion of the case in July 1933.[82]
Craftsmen in ancient Ireland
According to Brehon Law, craftsmen were regarded with great respect in pre-Christian Ireland. Irish mythology mentions Trí Dée Dána (three gods of art)
One of the most notable of these craftsmen was
Law of the Tanistry
The ancient law of succession or Tanistry has its origins in Brehon law. It was a Gaelic custom where legally the eldest son (Tánaiste) succeeded his father to exclusion of all collateral claimants. In terms of land inheritance it was a similar system to Gavelkind in ancient Ireland. In the case of failure of the presumptive heir or eldest to the throne, other sons were regarded as righdhamhua which means "king material" or "King in the making".[85][86]
According to Adomnán, life of Columba, it states when selecting a capable king for
Brehon law during the early/late Middle Ages
Towards the end of the 13th century, elements of native Irish Brehon law through necessity were incorporated into the English common law in the areas of
Its popularity among what were known as the
A high-profile example of Old English descent in favour of ancient Irish law/Custom happened during the period of the reformation, an
One of the most noted Hiberno-Norman dynasties in Ireland called the Earls of Ormond also known as the Butlers of Ormond observed English laws but also selectively on certain customs preferred to adhere to the old native Gaelic or Brehon Laws. They were known to have employed numerous Brehon judges from the MacEgan legal family based in Lower Ormond. Gilla na Naemh Mac Aodhagáin and Seaán Buidhe Ó Cléirigh served as the two principal scribes for Sir Edmund MacRichard Butler of Polestown. They transcribed texts and added sections to a manuscript called Leabhar na Rátha for their patron's uncle James Butler, White Earl of Ormond. Notably Sir Edmund MacRichard Butler's father Sir Richard Butler, defied the English King and the Statutes of Kilkenny by choosing to marry the daughter of an Irish Noble.[93][94]
Bretha Dein Chécht (judgment of Dian Cecht)
Bretha Dein Chécht, is an ancient medical law tract first appeared in
In pre-Christian Ireland legend the first ever hospital was Bhrionbherg (House of Sorrows), set up by
Bretha Crólige (Binchy, 1938) was also part of this law tract; it highlights obligations in the event of an injury to person. The cost of maintenance and entitlements to the injured party are carefully laid out in the tract. This particular law tract highlighted the fact that
Cain Aigillne
Cain Aigillne deals with a system of laws in regards to clientship and livestock farming. Covered in this manuscript is the treatment of cattle and also of domestic animals. The law tract describes a wide variety of domestic pet animals that people kept in pre-Christian Ireland, many would be deemed as unconventional domestic pets to keep nowadays, the list included crows, ravens, cranes, badgers, wolves, foxes and others.[97]
Early Irish literature and Brehon law depicts a tenderness towards animals was characteristic of Irish people. When cattle were taken on a long journey, they were fed at intermediate stations along the route with food and water. Brehon laws also had penalties for injury or theft offences against domestic animals such as cats, dogs, cattle and horses.[98]
According to Senchas Mor the third most popular pet in pre-Christian Ireland after cats and dogs was the crane (Peata Corr). In pagan times, the druids saw cranes as the heavenly transporters of the human soul to isles in the west. Some suggest fires were lit under a migration flight path of the now extinct in Ireland,
This pre-Christian custom of adopting unusual native animals as pets was carried on by some of the Irish abbots into the Christian age.
Cai of the Fair judgment
Numerous myths associated with different invaders in
The word Cáin in old Irish translates to "law" in English. Some of the earliest Brehon or Gaelic legislation was associated with the word such as
The character known as Kay in Medieval Welsh text is said to be based on Caí Caínbrethach.[105]
Cetharslicht Athgabdla
The first volume of The Law of Distress (Athgabdla) was published in a Harleian Manuscript in 1865 and the second in 1869. It deals with ancient legal issues of Seizure by distraint of property for the satisfaction of debt, also laws related fosterage, tenure and social connections.[106]
In the law tract Cetharslicht Athgabdla, it states that three noble tribes passed a judgment at a Dál-Criche (territorial assembly) and divided Ireland between them. A Dál was similar to an Aonach, in that it refers to a ritual annual gathering of legislators at a fixed site of ceremonial importance in order, to among other rituals, collectively pass laws. In Connacht the most famous of these sites was in Cruachan near Tulsk, site of the kings of Connacht, it contains a large number of Ráth, Barrows, Mounds and Earthworks. In Old Irish the word "Dál" means assembly or conferring, for example in its modern Irish form, Dáil Éireann translates to Assembly of Ireland.[107] Dál was also associated with the old Irish word of Tulach (Hillock), which represented the place where ancient druidic ceremonial gatherings took place, it was usually a burial mound. Some place names derive from the word, such as Tullamore, Tullow or Tullynadal (Tulach na dála) in Donegal which translates as "a mustering place".[108]
Numerous categories or levels of assembly, at which laws were passed existed in ancient Ireland, the highest was the Feis Temrach at Tara (national level),
The earliest reference in the
Maeltine Mor Brethach (the great judgment)
Its unknown when the first rudiments of Brehon Law were first practised, some suggest as far back as the Iron Age. With it being orally practised, not many documented writings were produced prior to the Christian age. Some information was later passed on and translated or pieced together from the oldest surviving manuscripts by the endeavours of Christian Monks, much of it was in the form of myth and poetry.[112]
One of the earliest mythical references to a judgment of a Brehon was following the second
The second Battle of Moytura was not the first documented mythical judgment by Brehon. According to
Morann's Collar
The
Morann is also associated with the manuscript Audacht Morainn (The Testament of Morann), a medieval old Irish wisdom literature which gave advice to a prospective or future king. It was produced as a piece of insight for Feradach Finnfechtnach, just before he was made a high king. There are five known compositions of this genre in Old Irish, most notably Tecosca Cormaic or Bríathra Flainn Fína mac Ossu, although Audacht Morainn is the oldest. It is officially seen by many to be the forerunner to the 9th century Mirrors for princes, which was produced by an Irish Christian monk called Sedulius Scottus.[116][117]
Nemed Schools of Law
The Bretha Nemed school's, trained bards in the poetico-legal disciplines, allegedly these schools were all located in
In Bretha Nemed Toísech (First Judgment of Privileged Ones) some of its composition is attributed to the accounts of three kinsmen, Fornannán (a Bishop), Máel Tuili (a poet), Báethgalach hua Búirecháin (a judge), who flourished during the reign of Cathal mac Finguine. This manuscript mostly tackles legal matters concerning the early church and the importance of the role of ecclesiastical scholars, which is reflected also in the Uraicecht Becc and Collectio canonum Hibernensis both are connected with the Nemed school of law. The Collectio canonum Hibernensis was in created in both Iona Abbey and also at Dairinis near Waterford. A translated Old Irish copy was found among the Bretha Nemed Déidenach law manuscripts.
There are also numerous Áiliu poems and extracts from
Book of Aicill and Fénechus Law
The first attempt at transferring Brehon law into written code or legal text was carried out under the patronage of King Cormac mac Airt. He produced the Book of Achall or Aicill, written between 227 and 266 AD, which relates mainly to criminal law. Cormac is said to have retired to the mound of Aicill, in what is now called Skreen near Tara and started working on the book.[122]
Another later significant document was
The earliest tracts were produced in the oldest archaic form of Irish dialect known as 'Bérla Féine', some also suggest the written text to be an ancient poetic legal dialect of Dubthach.[124][125] According to Irish myth the "Feine" were descendants of a legendary figure known as Fénius Farsaid, who is said to have created the ancient language "Bérla Féne".[126][127] These early manuscripts proved a difficult challenge for centuries after to translate for future academics and even to later Brehons. Only in the seventeenth century did Irish Gaelic scholars such as Eugene O'Curry and John O'Donovan manage to translate much of these original text, but only due to a life-long study.
Berla Fene was one of the five extensions of the
The first detailed scientific study of ancient Irish law tracts took place in the 20th century. A comprehensive study of difficult Old Irish law texts was carried out by German Celticist
The Bee Laws
One of the more unusual tracts in Brehon law was known as the Bee Judgment (Bech Bretha). In the twenty page manuscript it goes into great detail about legal entitlements or ownership of a swarm (faithche), hives, nests or honey found on a piece of land or property, discovered by a finder or property/land owner and also a detailed compensation scheme for victims of bee stings.[133]
Honey was considered of great value at a time before the advent of sugar cane. It had many applications such as basting meat while roasting, treating salmon while broiling, also used as an ingredient in lard and drinks. One of the more important Celtic customs was in the production of mead (fermenting of honey with water), in medieval times the alcoholic drink had mystical and religious qualities, a noted example was Lindisfarne Mead, produced by the Celtic Monks on Holy Island.
The word mether (a mead drinking vessel) is derived from the word for mead. So the word "mithered" may mean "confused and bothered as a result of too much mead".[134]
Mead is also associated with the wife of
Brigh Brigaid
Brigh Brigaid, also spelled as Briugaid or Brughaidh, (flourished circa CE 50, Ireland) was a woman who held office as a Brehon, or judge, in Ireland in the 1st century CE. Brigh is mentioned in the Senchus Mór,[135] a compendium of the ancient laws of Ireland,[136] and her decisions were cited as precedents for centuries after her death.[137] Her name is possibly associated to the Celtic Pagan Goddesses, who had a strong connection with the bardic traditions.[138] She was known as the "great Brig" or Brigit, an honored Brehon women who is said to have healed a fellow judge, Sencha mac Ailella blotched face by correcting his biased judgment against women.[139]
Decline of Brehon Law
The gradual decline of Brehon law began during the
It was only in the middle 19th century when two scholarly Church of Ireland clergymen named James Henthorn Todd and Charles Graves, a professor of Trinty College, he was the grandfather of another Gaelic scholar Robert Graves persuaded the British Government to set up a Brehon Law Commission in 1852 in order to save the ancient law text. Native Irish Scholars Eugene O'Curry and John O'Donovan were employed by the commission to translate old law manuscripts.[140][141]
Brehons had a tradition of providing bardic schools, from pre-Christian times up until middle of the seventeenth century. They provided education in Irish language, literature, history and Brehon law. These scholarly institutions facilitated up to what amounted to university education. They had a history of producing an abundance of Poets and Bard's. The imposition of Penal law, Popery Act combined with the first Cromwellian regime saw the suppression of these native educational institutions. As a result, secret hedge schools began to appear up until the Penal laws ended.[142]
See also
- Kritarchy
- Mac Aodhagáin
- Mac Fhirbhisigh
- Ó Cianáin
- Ó Cléirigh
- Ó Cobhthaigh
- Ó Domhnalláin
- Ó Draighnáin
- Ó Duibh dá Bhoireann
- Ó Breaslain
- Ó Deoradhain
- Sister Fidelma a fictional Brehon, created by novelist Peter Berresford Ellis
Notes
- ^ "Brehon Law", An tSeirbhis Churteanna Archived 2015-07-14 at the Wayback Machine
- ^ 988 The Norse King Glúniairn recognises Mael Sechnaill Mac Domhnaill as the High King of Ireland, and agrees to pay taxes and accept Brehon law, Stair na hEireann
- ^ a b Ginnell, Laurence. "the Brehons", The Brehon Laws: a Legal Handbook, 1844
- ^ The Bards of Ireland, Owen Connellan, Aughty
- ^ Feis of Tara, Library Ireland
- ^ The Great Assembly of Tara, The Wild Geese
- ^ The bards, library Ireland
- ^ Brehon Law and the Establishment of Copyrights, Stair na heireann
- ^ The Battle-of-the-book, The Wild Geese
- ^ Genealogy and Brehon Law, Tripod
- ^ Development frenzy is at the cost of everything else, Sylvia Thompson, The Irish Times, 2006
- ^ Brehon Law Project Symposium, UCC, 2002
- ^ Law, Literature and Legend, The definitional problem of Brehon Law, Vincent Salafia, Tuathal Tripod
- ^ Williams, J.E. Caerwyn & Ní Mhuiríosa, Máirín. Traidisiún Liteartha na nGael. An Clóchomhar Tta, 1979: pp. 273-304
- ^ Humphrys Family Tree, Genealogy research by Mark Humphrys, 1983 to 2020 so far
- ^ "Mary Jones, Celtic Literature Collective, The Dream of Oengus, Maryjones.uk". Archived from the original on 24 November 2013. Retrieved 9 March 2020.
- ^ Aisling Irish Literature, The Editors of Encyclopaedia Britannicia
- ^ A Companion to Poetic Genre, Bernard O'Donoghue, edited by Erik Martiny, Publisher: Wiley-Blackwell
- ^ Library Ireland
- ^ Oxford Reference, John Carey, 'Scél Tuain meic Chairill', Ériu, 35 (1984), 92–111
- ^ The Culdees of Druidical Days, James Bonwick, Irish Druids and Old Irish religion, 1892, LibraryIreland
- ^ July 7 St Maelruain of Tallaght(d.792), Catholic Ireland
- ^ South Dublin Libraries, South Dublin Libraries - Local Studies
- . Retrieved 1 July 2017.
- ^ Archangelum mirum magnum: An Hiberno-Latin Hymn Attributed to Máel Rúain of Tallaght, Westley Follett, Pages: pp. 106-129, brepolsonline
- ^ Saint Patrick And Armagh, Armagh Methodist Website
- ^ Chapter 4 Christ as an Early Irish Hero: the Poems of Blathmac, Son of Cú Brettan, Illuminating Jesus in the Middle Ages, Tomás Ó Cathasaigh, Pages: 76–99, Brill website
- ^ The Structure of Blathmac Poems, Brian Lambkin, Lagan College, Belfast, Proquest Website
- ^ Saint Becc mac Dé, October 12, Omnium Sanctorum Hiberniae 2012-2015
- ^ Clonmacnois - the Church and Lands of St. Ciarán, Change and Continuity of Irish Monastic Foundation(6th to 16th century), By Annette Kehnel
- ^ Stair na hÉireann|History of Ireland, Devenish-Damhinis – The Isle of Oxen
- ^ Wakeman, W. F. "On an Ancient Sculptured Cross, and Monumental Slab, Devenish Island, Lough Erne, County Fermanagh." The Journal of the Royal Historical and Archaeological Association of Ireland, vol. 9, no. 81, 1889, pp. 295–299. JSTOR, www.jstor.org/stable/25506562. megalithicireland
- ^ Legend of the Cathach, Ask About Ireland
- ^ Preface (and epilogue) to Amra Senáin, vanhamel
- ^ HSt Columba and the Isle of Iona, by Ben Johnson, historic-uk.
- ^ st.Columba, The Society of St Columba
- ^ St Columba's Scotland, Historic Environment Scotland, 19 May 2021, storymaps.arcgis
- ^ id=zuF30VRJRykC&pg=PA12&lpg=PA12&dq=leabhar+breac+Dove+of+the+Cell+or+Church&source=bl&ots=YLtqK9I_RF&sig=ACfU3U3g8uC10IP7IQ6ybXArz3QspwQWVQ&hl=en&sa=X&ved=2ahUKEwj6ntyrkMXxAhVSQMAKHd-gAbgQ6AEwBXoECBYQAw#v=onepage&q=leabhar%20breac%20Dove%20of%20the%20Cell%20or%20Church&f=false Columba, the Celtic Dove, by Kathie Walters, Published 16 November 1999 by Good News Fellowship Ministries
- ^ Summary of Principal Events in the Life of Saint Columba, by Wentworth Huyshe, Published in 1905, Written by Wentworth Huyshe
- ^ Who were the Culdees in Scotland, Sheila Pitcairn F.S. Scot., L.H.G., Compiled from Various Sources, Royal Tombs Dunfermline
- ^ Bláán of Bute, Leverhulme Trust Project Grant, Saints in Scottish Place-Names,
- ^ FROM DÁL RIATA TO THE GALL-GHÀIDHEIL, Andrew Jennings and Arne Kruse
- ^ The Encyclopedia of Medieval Literature in Britain, 4 Volume Set, By Sian Echard, Robert Rouse, published 2017, John Wiley & Sons ltd
- ^ Brigid: Goddess, Druidess and Saint, By Brian Wright, The History Press
- ^ Moni Iudeorum : an enigmatic early place-name for St Davids, Studia Celtica
- ^ the phoenician and Irish-Celtic connection as told by titus maccius plautus, The Comrade General Wordpress
- ^ Caldey Island, St Illtud's Church, by David Ross, Editor, Britain Express
- ^ Celtic Culture, A historical Encyclopedia, John T Koch, ABC Clio
- ^ Today's Poem: Gofara Braint — The Flooding of the Braint River, Papa Joe's Tales, Fables and Parables,
- ^ Patrick Sims-Williams, Oxford Dictionary of National Biography, Published online: 23 September 2004
- ^ The History of Ewyas Lacy, The Itinerary of Archbishop Baldwin through Wales by Giraldus Cambrensis
- ^ The Project Gutenberg eBook, The Tourist's Guide through the Country of Caernarvon, by P. B. Williams, Transcribed from the 1821 J. Hulme edition by David Price
- ^ History Files, Kings of Laigin / Leinster (Gaels of Ireland),
- ^ "St. Govan". Saints & Angels. Catholic Online. Retrieved 19 December 2009.
- ^ An Ecclesiastical History of Ireland, from the First Introduction of Christianity among the Irish, Rev John Lanigan, Volume 2, Printed by J.Cummings, 1829
- ^ Who is St David, stdavidscathedral.org.uk
- ^ Jonathan M. Wooding, ‘The Figure of David’ in J. W. Evans and J.M. Wooding, eds., St David of Wales: cult, church and nation (Boydell, 2007), 11-12, Saint David in Irish Sources, Omnium Sanctorum Hiberniae
- ^ Holy Father Modomnoc of Ossory, Patron Saint of Bees, Dmitry Lapa, Orthodox Christianity
- ^ Brigid the Goddess, Bard Mythologies
- ^ Somerville-Large, Peter. (1975). Irish Eccentrics: A Selection. Hamish Hamilton. p. 20
- ^ "Aidan's Monastery", Irish Archeology Field School
- ^ St. Aidan of Ferns, Bishop, 2008 - 2014, Ambrose Mooney, www.CelticSaints.org
- ISBN 0-907158-58-7, Vol II, p 420
- ^ Holy Penmon, Anglesey History Online
- ^ Ezard, John (2 June 2000). "'Saintly' Elvis Presili hailed as a son of Wales". The Guardian. London.
- ^ "Elvis the King of Cymru". BBC News. 5 June 2000. Retrieved 25 August 2019.
- ^ Earliest monastery in the British Isles discovered, Avalon Marshes Somerset
- ^ The History of Ireland by Geoffrey Keating Foras Feasa ar Éireann le Seathrún Céitinn, exclassics
- ^ Jun 9 – St Columba (Colmcille) of Iona (2), 521-597, Patrick Duffy, catholicireland.net
- ^ j. ryan, Columba of Iona, St., Encyclopedia
- ^ Droim Ceat, colmcille.org
- ^ Church of St Canice, Art Ward, 1998-2020, Causeway coastal route
- ^ Kay Muhr, "Bealtaine in Irish and Scottish Place Names", The Journal of Scottish Name Studies 10, 2016, 89-126, clanntuirc website
- ^ Educational History: The Hedge Schools of Ireland, Dowling, P. J. (1997). The hedge schools of Ireland. Dublin: Mercier Press, Ragged University
- ^ Royal Dublin Society, Lecture by Fergus Kelly, "Trees in Early Ireland", School of Celtic Studies, DIAS, 11 March 1999
- ^ "Ireland has great woodland but has the lowest forest cover of all European countries", Donal Hickey, Irish Examiner, 28 March 2016
- ^ Hadrian IV (1154-1159) and the "bull" Laudabiliter: a historiographical review, By Sebastian Lidbetter, Master's Thesis, Wilfrid Laurier University, 2019, medievalists.net
- ^ Irish Pedigrees: Or, The Origin and Stem of the Irish Nation by John O'Hart, Volume 1. 1892. p. 493.
- ^ The Erne Fishery Case 1927 Ask about Ireland
- ^ The Irish invented Chess, Brian Nugent, Corstown, Oldcastle, Co Meath, 2009-11
- ^ The day the Kildoney men took on the might of the Crown, William Alingham's 'The winding banks of the Erne', Courtesy of the Donegal Democrat,
- ^ Law without Loyalty – The abolition of the Irish Appeal to the Privy Council Thomas Mohr, New Series, Vol. 37 (2002), pp. 187-226 Jstor
- ^ Saint Daigh of Iniskeen, August 18, Omnium Sanctorum Hiberniae 2012-2015
- ^ Protection of Craft and Social Position of Craftsman, A smaller Social History of Ancient Ireland 1906, Library Ireland
- ^ Independent, Irish in legal stew over tanistry
- ^ Tanistry, Library Ireland
- ^ Celtic Scotland, A history of Ancient Alban, Cambridge Library Collection, William Forbes Skene, 1876
- ^ The Mammoth Book of British Kings and Queens, Constable and Robinson Ltd, Mike Ashley, 1998
- ^ Scots Kings—Including Kings of Dal Riada who Reigned from Ireland, Hugh McGough
- ^ "Ireland's Astonishing System of Ancient Laws", Old Moore's Almanac
- ^ Ancient Laws and Institutes of Ireland, Stephen B.Roman
- ^ Irish Legal, Irish Legal Heritage:Éraic reparation in Brehon law
- ^ Edmund MacRichard Butler: books and warfare in fifteenth-century Ireland, Timothy O'Neill, Issue 4(July 2015), Medieval History(pre-1500), History Ireland
- ^ Oxford, Bodleian Library, MS Laud Misc. 610, Codecs
- ^ Mark Fisher Author, Ancient Ireland Medicine, 2017
- ^ Library Ireland Treatment & Surgery, A small social history of Ancient Ireland, 1906
- ^ Livestock in the Brehon Laws, J.O'Loan, 1959, Jstor
- ^ Venerable Columba of Iona, Wonderworker, Dimtry Lapa, Orthochristian
- ^ Stephen Colton, 25 March 2017, Take on Nature, Corr Sceal takes notions about our ancestors relationship with Cranes, Irish News
- ^ Animal as Pets in Ancient Ireland, P.W.Joyce, A small social history of Ancient Ireland, 1906, Library Ireland
- ^ Saint Ciaran of Clonmacnoise, Orthodox Church of America
- ^ Saint Brigid and the boar, Animals, Global Catholics, Saints, Green Canticle
- ^ The Scholar's Primer, Corpus of Electronic Texts, a Project of University College, Cork, 2011
- ^ Judges and Poets in the Pseudo-Historical Prologue to the Senchas Mar, Roisin McLaughlin, Dublin Institute for Advanced Studies
- ^ The Heroic Tradition of Kay, Peter Noble, University of Reading
- ^ Introduction to Senchus Mor, and Athzabail: or Law of distress, as contained in the Harleian Manuscripts, Cheri Birkbeck
- ^ Trowel, The Journal of Archaeological Society, University Dublin, Volume iv, 1993
- ^ Drong and Dal as Synonyms of Oenach, Paul MacCotter
- ^ Brehon Laws, Page:EB1911 - Volume 04
- ^ Irish Tribal Assemblies, Laurence Ginnell, The Brehon Law legal handbook, 1894
- ^ Tailltenn and Uisneach, Laurence Ginnell, The Brehon Law legal handbook, 1894
- ^ Eibhlin O'Neill, Transceltic
- ^ Translation by Elizabeth A. Grey, Sacred Texts
- ^ Cyclops Lugh, Xavier Seguin, Eden Saga
- ^ The ancient rune-like writing system, Catherine Swift, 2015
- ^ Fergus Kelly lecture, The Triad in Early Irish literature, Proceedings of the British Academy Volume 125, 2003 Lectures, Professor P.J Marshall, CBE, FBA
- ^ Patrizia de Bernardo Stempel, Caren Esser, and Jonathan Slocum, Old Irish Online, The University of Texas at Austin, Linguistics Research Centre
- ^ Bretha Nemed Toísech, Codec
- ^ "Nemedians", A Dictionary of Celtic Mythology, Oxford Reference
- ^ Fir Fesso, A Festschrift for Neil McLeod, Sydney Series in Celtic Studies 17, 2018
- ^ A Timeline of English Poetry Part I: The Song of Amergin, Caedmon's Hymn, Bede's Death Song, Deor's Lament, By Sandeep Kumar Mishra and Evan Mantyk, April 21, 2017, classicalpoets.org
- ^ Cormac Mac Art, Bard Mythologies
- ^ 250 Brehon Code of Ireland, Duhaime
- ^ The Brehon Laws, New Advent
- ^ Transactions of the Gaelic Society of Dublin, John Barlow, 1808
- ^ The Milesians Irish Nation, Library Ireland
- ^ Fenius Farsaid and the Alphabets, Jstor
- ^ Auracept na n-Eces, George Calder, University of Glasgow, 1917
- ^ Old Irish Online, Patrizia de Bernardo Stempel and Jonathan Slocum, Linguistics Research Center, University of Texas at Austin
- ^ which A Grammar of the Irish Language, The College of Saint Columba, Hodges and Smiths, John O' Donovan, 1845
- ^ Celtic Studies at UCLA, The Poetic Brehon Lawyers, Kathrine Simms
- ^ Property rights of Celtic Irish Law, Joseph R. Peden, University of New York
- ^ Social History Ancient Ireland, Library Ireland
- ^ Bee Laws, Moore Group
- ^ Ancient laws of Ireland: Senchus mor. Introduction to the Senchus Mor and Achgabail; or law of distress as contained in the Harleian Manuscripts. Charles C. Miller Memorial Apicultural Library.
- ^ Technovate
- ^ Joyce
- ^ Brigit Susa Morgan Black, The Order of Bards Ovates & Druids
- ^ The Encyclopedia of Celtic mythology and Folklore, Patricia Monaghan
- ^ Library Ireland, The Translation of the Ancient Irish Laws, Ulsterman
- ^ Irelands Eye, An Introduction to Irelands traditional laws
- ^ Educational History: The Hedge School of Ireland, P.J Dowling, Ragged University
References
- O'Sullivan, Patrick (1995). Irish women and Irish migration. Leicester University Press. p. 20. ISBN 0-7185-1425-4.
- "LIBERTY ORDER & LAW Under Native Irish Rule". Technovate.org. September 2006. pp. Chapter 1. Archived from the original on 30 September 2011. Retrieved 31 August 2009.
- Joyce, P.W. (1903). "Chapter 12 SOCIAL AND DOMESTIC LIFE". A Social History of Ancient Ireland : Treating of the Government, Military system, and Law; Religion, Learning, and Art; Trades, Industries, and Commerce; Manners, Customs, and Domestic Life, of the Ancient Irish People. M. H. Gill &- Son.