The Story of Ancient Irish CivilizationJoyce, P. W. (Patrick Weston)
History
The Story of Ancient Irish Civilization
Joyce, P. W. (Patrick Weston)
Ireland -- Civilization
All parties, high and low, submitted to the Brehon Laws, and abided by the
judge’s decisions; unless the party who lost the suit thought the decision
wrong--which indeed happened but seldom--in which case, he appealed to the
court of a higher brehon. Then, if it was found that the first had given
an unjust decision, he had to return the fee and pay damages, besides more
or less losing character, and lessening his chances of further employment.
So the brehons had to be very careful in trying cases and giving their
decisions.
The highest people in the land, even kings and queens, had to submit to
the laws, exactly the same as common subjects; and if a king was wronged,
he had to appeal to the law, like other people. A couple of hundred years
ago, when the kings of France were, to all intents and purposes, despotic,
and could act much as they pleased towards their subjects, a learned
French writer on law, during a visit to England, happened to pass near the
grounds of one of the palaces, where he observed a notice on the fence of
a field belonging to the king:--“Trespassers will be prosecuted according
to law.” Now this gave him great pleasure, as it showed how the king had
to call in the aid of the law to redress a wrong, like any of his
subjects; and it gave him occasion to contrast the condition of England
with that of France, where the king or queen would have made short work of
the trespasser, without any notice or law at all.
But if the same Frenchman had been in Ireland 1,500 years ago, he might
have witnessed what would give him still greater pleasure:--not a mere
notice, but an actual case of trespass on a queen’s ground, tried in open
court before his eyes. In those days there reigned at Tara a king named
Mac Con, whose queen had a plot of land, not far from the palace, planted
with _glasheen_, i.e., the woad-plant, for dyeing blue. In the
neighbourhood there lived a female _brewy_, or keeper of a hostel for
travellers, who had flocks and herds like all other brewys. One night a
flock of sheep belonging to her broke into the queen’s grounds, and ate up
or destroyed the whole crop of glasheen; whereupon the queen summoned her
for damages.
In due course the case came before the king (for the queen would not
appear before an ordinary brehon), and on hearing the evidence he decided
that the sheep should be forfeit to the queen to pay for the crop. Now,
although the glasheen was an expensive and valuable crop, the sheep were
worth a great deal more; and the people were enraged at this unjust
sentence; but they dared not speak out, for Mac Con was a usurper and a
tyrant.
Public-domain text, read in full here on John Shaqi.
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