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Updated: July 23, 2025
When the posterity of the Brehon, or Judge failed, it was permitted to adopt from the class of students, a male representative, in whom the judicial authority was perpetuated: the families of O'Gnive and O'Clery in the North, of O'Daly in Meath, O'Doran in Leinster, McEgan in Munster, Mulconry or Conroy in Connaught, were the most distinguished Brehon houses.
The person of Bard and Brehon was still held inviolable; to the malediction of the Bard of Usnagh was attributed the sudden death of the Deputy, Sir John Stanley; to the murder of the Brehon McEgan is traced all the misfortunes which befell the sons of Irial O'Farrell.
Hence the professions of ollamh, shanachy, bard, brehon, physician, passed from father to son a very injudicious arrangement apparently, but it seems nevertheless to have worked well in Ireland.
The only effective law was an undigested jumble of the Brehon, the Civil, and the Common law; with the arbitrary ordinances of the marches, known as "the Statutes of Kilcash" so called from a border stronghold near the foot of Slievenamon a species of wild justice, resembling too often that administered by Robin Hood, or Rob Roy.
The constitution given by this Prince to the whole country seems to have been a close copy of the Irish it embraced the laws of Tanistry and succession, and the whole Brehon code, as administered in the parent state. The line of Kenneth may be said to close with Donald Bane, brother of Malcolm III., who died in 1094, and not only his dynasty but his system ended with that century.
A few years previously, Arthur Chichester and Sir John Davies had only to consult the Brehon lawyers and the chroniclers of the tribes, whose duty it was to become thoroughly acquainted with the limits of the various territories, and keep the records in their memory, in order to procure from the Ulster men the proofs of their rights to property.
Every command of the Decalogue was issued, and punishment followed for its breach, before the existence of the engraved tables. The Brehon code, the Justinian code, the Draconian code, were compilations of existing laws; and the same may be said of the common or customary law of England, of France, and of Germany.
REFERENCES: Pending the desirable work of a more competent Brehon Law Commission and translators, the subject must be studied in the six volumes of Ancient Laws of Ireland, produced by the first Commission, from 1865 to 1901, ignoring the long introductions and many of the notes. By W.H. GRATTAN FLOOD, Mus.
They were far advanced in the knowledge of metal-work and shipbuilding; they engaged in commerce; they loved music and had an acquaintance with letters; and when disputes arose among them, these were settled in duly constituted courts of justice, presided over by a trained lawyer, called a brehon, instead of being settled by the stern arbitrament of force. Druidism was their pagan creed.
As, for example, in the case of murder, the Brehon, that is, their judge, will compound between the murderer and the friends of the party murdered, which prosecute the action, that the malefactor shall give unto them or unto the child or wife of him that is slain, a recompence which they call an Eriarch. By which vile law of theirs many murders are made up and smothered.
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