Here, quite as a matter of course, we find a king sitting in judgment,
without even a brehon for assessor, on a civil case of no great
importance, a case of damage done by straying sheep. The king judged
unfairly, not indeed because it was in his wife's lawsuit, but because
he made an award of excessive damages. His people deposed him and gave
the kingship to the youth who proposed the fair award. And so
intimately was the judicial office combined with the kingly office in
the medieval Irish mind, that the capacity of judging rightly was
thought to be hereditary in the royal blood: "A true judgment, he who
pronounced it is in truth the son of a king!"
From this same work, cited by Mr. Orpen, I could quote example after
example of the same fact, quite well known to Mr. Orpen, but "in the
heat of hatching, the hen does not know an egg from a stone." I could
also cite a bookful of instances from the annals, the historical
poems, the ancient stories, and other sources, showing that the
ancient and medieval Irish were quite as familiar as were the
magistrates of the Helvetian State with criminal jurisdiction and with
penalties in every degree, including the death penalty, as the
sanction of their laws.
The normal court of law in ancient Ireland was the king's court, as
the normal court in a Gaulish republic was the court of the
magistrates of the republic. The druids' tribunal in Gaul and the
brehons', also originally the druids' tribunal, in Ireland, was a
subsidiary institution. It did not carry with it the plenary powers of
the regular tribunal, and therefore relied in part on the reverence of
the people for justice--with regard to which we have the most
remarkable testimony borne by Englishmen in Ireland at the time when
Irish law was on the verge of total abolition. And one of these
writers aptly says that nothing that the Irishman does, however
praiseworthy, finds favour with a set of men who are his professional
traducers.
The brehons were primarily jurists, and in their hands Irish law was
elaborated and refined, its development in this respect being similar
to the development of Roman law. They acted also as legal advisers to
litigants, safeguarding the proper legal form of their proceedings.
They acted also as assessors and advisers to the kings in court. When
they sat as judges by themselves, their courts were at least
theoretically tribunals of arbitration, but differed from the casual
arbitrations of our time in having more of the character of
institutions. It is probably true that after the Feudal invasion, and
especially when Irish law was adopted by Feudal lords, the brehon's
court tended to supersede the court of king or lord as the normal
instrument of judicature.
Public-domain text, read in full here on John Shaqi.
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