Brehon

Brehon (Irish: breitheamh - IPA brʑehəvɤ or brʑejuː) 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]

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 bards, and became, by custom, to a large extent hereditary.[2]

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 Samhain known as Feis Teamhrach(Festival of Tara) in the House of the Banquet’s(Teach Moidhchuarta) at the Hill of Tara. The assembly was also originally referred to as an Aonach in Pre-historic times. It was a national event with the purpose of resolving any regional disputes regarding title to rank, property and privilege. They would be settled by the lawmakers, the Brehons, and all annals and records would be carefully noted and entered by the Ard Ollams in the official records. The event was founded in very early period and lasted until 560 AD when the last assembly was held by King Dermot, son of Fergus.[3] [4]

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.[2] The ranking of a brithem was based on his skill, and on whether he 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 bards or fili, who passed on information orally down the generations, they held the positions of Ollam to a provincial High king or rí.[5]

In pre-Norman times, it was the King who passed judgement, when necessary, following recitation of applicable law and advice from the Brehon.

Although Ireland’s indigenous law system had its origins in Oral legal history. It is a common belief that Brehon law enacted the first piece of copyright legislation in relation to written text in world legal history. It involved a bitter dispute around 561 AD between Saint Colmcille and Saint Finian over the authorship of a manuscript called ‘St Jerome’s Psalter‘. Despite the enactment of the law by the king, a bloody conflict still took place known as Battle of Cúl Dreimhne, which resulted in many deaths. [6][7]

Several dozen families were recognised as hereditary brehon clans.

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,[8] a compendium of the ancient laws of Ireland,[9] and her decisions were cited as precedents for centuries after her death.[10]

See also

Notes

  1. ↑ "Brehon Law", An tSeirbhis Churteanna Archived 2015-07-14 at the Wayback Machine.
  2. 1 2 Ginnell, Laurence. "the Brehons", The Brehon Laws: a Legal Handbook, 1844
  3. ↑ Feis of Tara, Library Ireland
  4. ↑ The Great Assembly of Tara, The Wild Geese
  5. ↑ The bards, library Ireland
  6. ↑ Brehon Law and the Establishment of Copyrights, Stair na heireann
  7. ↑ The Battle-of-the-book, The Wild Geese
  8. ↑ 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.
  9. ↑ Technovate
  10. ↑ Joyce

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 2013-01-08. Retrieved 2009-08-31.
  • 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.


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