Brehon (, ) 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."Brehon Law", An tSeirbhis Churteanna
In the history of the Kingdom of Dublin, the Gaelic Irish recaptured the city from the Norse Vikings after the Battle of Tara. Dublin was officially founded in 988 when the Norse King Glúniairn first recognised Máel Sechnaill mac Domnaill as the High King of Ireland, he also agreed to pay taxes and accept Brehon law.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 Megalithic site exists in Rathfarnham, County Dublin, known as Brehon's Chair or Druid's Table. It is believed to be the seat of judgment in prehistoric times, a king of outdoors court.
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.Ginnell, Laurence. "the Brehons", The Brehon Laws: a Legal Handbook, 1844 The term "bard" is associated with a Brehon family of poets, called Mac an Bháird (Son of the Bard). They were one of the descendants of the ancient tribes of Soghain in the Kingdom of Uí Maine.The Bards of Ireland, Owen Connellan, Aughty
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 Banquets (Teach Moidhchuarta) at the Hill of Tara. The assembly was also originally referred to as an Aonach in prehistoric 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 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 a very early period, and lasted until 560 AD when the final assembly was held by King Dermot, son of Fergus.Feis of Tara, Library IrelandThe Great Assembly of Tara, The Wild Geese
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.
While originating in oral legal history, Brehons enacted the first piece of copyright legislation in relation to written text in world legal history, circa 561 AD between Saint Colmcille and Saint Finian over the authorship of a manuscript called "St Jerome's Psalter".Brehon Law and the Establishment of Copyrights, Stair na heireannThe Battle-of-the-book, The Wild Geese
One of the main responsibilities of a Brehon was to record the genealogies of the people. Amongst 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 EnglishGenealogy and Brehon Law, Tripod 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.
The ancient tree laws ()
In Irish mythology the Mother Goddess Danu symbolically represented the land, her consort is Bilé who was the god of Dead and the Otherworld. The sacred tree was seen as a doorway into the otherworld; the roots of the tree go down into realm of the of the mound, while the tree branches reached to the celestial skies above. Bilé returns once a year from the veil of the Otherworld to be reunited with the goddesses of the land, he returns in the form of a sacred tree ( or ) at Bealtaine, it was one of the five sacred trees of Ireland. The word translates from old Irish to sacred tree and it represents an Irish god equivalent to the Celtic god of Belenus, in Milesian myth the ancestor of the Gaels was called Bilé as well, he was the father of Milesius and king of Galicia.Kay Muhr, "Bealtaine in Irish and Scottish Place Names", The Journal of Scottish Name Studies 10, 2016, 89-126, clanntuirc website
In the Brehon Law manuscript or "Laws of the Neighbourhood" it describes the earliest constructed Christian church in Ireland as being referred to as a or oak church Kings and Chiefs inaugurated and even during penal times children were thought lessons in the secret hedge schools, according to the tradition under the branches of an overhanging tree, usually the teacher was a wandering bard who had received his formal training from the then outlawed and extinct bardic schools. One of the most noted bards to establish and teach in a hedge school was the famous Aisling poet Eoghan Rua Ó Súilleabháin.Educational History: The Hedge Schools of Ireland, Dowling, P. J. (1997). The hedge schools of Ireland. Dublin: Mercier Press, Ragged University
In the , 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 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). As of 2013, 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.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
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.Hadrian IV (1154-1159) and the "bull" Laudabiliter: a historiographical review, By Sebastian Lidbetter, Master's Thesis, Wilfrid Laurier University, 2019, medievalists.net
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 died, 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.
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 which means "king material" or "King in the making".Independent, Irish in legal stew over tanistryTanistry, Library Ireland
When selecting a capable king for Dál Riada, Saint Columba acted in accordance with the Law of the Tanistry when he deselected the then Tánaiste, a feeble prince, Eoganán in favour of his younger brother Áedhán, both sons of Gabrán mac Domangairt. Áedhán had trained at the institute of Iona. Saint Columba sat him on the "stone of fate", and he solemnly anointed him King of the Scottish Dal Riada. It was said to be the first known example of an ordination in Britain and Ireland.Celtic Scotland, A history of Ancient Alban, Cambridge Library Collection, William Forbes Skene, 1876The Mammoth Book of British Kings and Queens, Constable and Robinson Ltd, Mike Ashley, 1998Scots Kings—Including Kings of Dal Riada who Reigned from Ireland, Hugh McGough
Bretha Dein Chécht (judgment of Dian Cecht)
Bretha Déin Chécht is an ancient medical law tract first appeared in Senchas Már. It relates to a judgment made by Dian Cecht, a physician to the . It offers a detailed account of compensations for wounding depending on the nature of the injury, its severity and what part of the body. Much of the translation work of this old Irish manuscript is attributed to the 20th-century scholar D.A. Binchy, who first published his findings in the Eriu journal.
In pre-Christian Irish legend, the first ever hospital was Bhrionbherg (House of Sorrows), set up by Macha Mong Ruadh, a legendary Irish queen, at Emain Macha (Navan Fort), an ancient ruler of the five Kingdoms of Tara and also the daughter of Áed Rúad. Other hospitals spread to all the other kingdoms; these institutes would later be carried on by monks, as parts of monasteries during the Christian times. Brehon law laid down a medical code of ethics on regulations and management for treatment of the sick and wounded, and also details of patient entitlements, compensations and fees.Mark Fisher Author, Ancient Ireland Medicine, 2017Library Ireland Treatment & Surgery, A small social history of Ancient Ireland, 1906
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 Druids' sick maintenance was exactly the same as a Bóaire (ordinary freeman), regardless of status.