The Catholic World, Vol. 02, October, 1865 to March, 1866: A Monthly Eclectic MagazineVarious
Religion
The Catholic World, Vol. 02, October, 1865 to March, 1866: A Monthly Eclectic Magazine
Various
Catholic Church -- Periodicals
"The _Senchus Mor_ has been selected by the commissioners for early
publication as being one of the oldest and one of the most important
portions of the ancient laws of Ireland which have been preserved. It
exhibits the remarkable modification which these laws of pagan
origin underwent, in the fifth century, on the conversion of the
Irish to Christianity.
"This modification was ascribed so entirely to the influence of St.
Patrick that the _Senchus Mor_ is described as having been called in
after times 'Cain Patraic,' or Patrick's law.
"The _Senchus Mor_ was so much revered, that the Irish judges,
called Brehons, were not authorized to abrogate anything contained
in it.
"The original text, of high antiquity, has been made the subject of
glosses and commentaries of more recent date; and the _Senchus Mor_
would appear to have maintained its authority among the native Irish
until the beginning of the seventeenth century, or for a period of
1,200 years.
"The English law, introduced by King Henry the Second in the twelfth
century, for many years scarcely prevailed beyond the narrow limits of
the English pale (comprising the present counties of Louth, Meath,
Westmeath, Kildare, Dublin, and Wicklow). Throughout the rest of
Ireland the Brehons still administered their ancient laws amongst
the native Irish, who were practically excluded from the privileges
of the English law. The Anglo-Irish, too, adopted the Irish laws to
such an extent that efforts were made to prevent their doing so by
enactments first passed at the parliament of Kilkenny in the
fortieth year of King Edward III. (1367), and subsequently renewed
by Stat. Henry VII., c. 8, in 1495. So late as the twenty-fourth and
twenty-fifth years of the reign of King Henry VIII. (1534) George
Cromer, archbishop of Armagh and primate of Ireland, obtained a
formal pardon for having used the Brehon laws. In the reign of Queen
Mary, 1554, the Earl of Kildare obtained an eric of 340 cows for the
death of his foster-brother, Robert Nugent, under the Brehon law.
"The authority of the Brehon laws continued until the power of the
Irish chieftains was finally broken in the reign of Queen Elizabeth,
and all the Irish were received into the king's immediate protection
by the proclamation of James I. This proclamation, followed as it
was by the complete division of Ireland into counties, and the
administration of the English laws throughout the entire country,
terminated at once the necessity for, and the authority of, the
ancient Irish laws.
"The wars of Cromwell, the policy pursued by King Charles II. at the
restoration, and the results of the revolution of 1688, prevented any
revival of the Irish laws; and before the end of the seventeenth
century the whole race of judges (Brehons) and professors (Ollamhs)
of the Irish laws appears to have become extinct."
{131}
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