Bearla Feini, a distinct form of Gaelic.
Several nations of the Aryan race are known to have
cast into metre or rhythmical prose their laws and
such other knowledge as they desired to communicate,
preserve, and transmit, before writing came into use.
The Irish went further and, for greater facility in
committing to memory and retaining there, put their
laws into a kind of rhymed verse, of which they may
have been the inventors. By this device, aided
by the isolated geographical position of Ireland, the
sanctity of age, and the apprehension that any change
of word or phrase might change the law itself, these
archaic laws, when subsequently committed to writing,
were largely preserved from the progressive changes
to which all spoken languages are subject, with the
result that we have today, embedded in the Gaelic text
and commentaries of the Senchus Mor, the Book
of Aicill, and other law works, available in English
translations made under a Royal Commission appointed
by Government in 1852, and published, at intervals
extending over forty years, in six volumes of “Ancient
Laws and Institutions of Ireland,” a mass of
archaic words, phrases, law, literature, and information
on the habits and manners of the people, not equalled
in antiquity, quantity, or authenticity in any other
Celtic source. In English they are commonly called
Brehon Laws, from the genitive case singular of Brethem
= “judge”, genitive Brethemain
(pronounced brehun), as Erin is an oblique case of
Eire, and as Latin words are sometimes adopted in
the genitive in modern languages which themselves
have no case distinctions. It is not to be inferred
from this name that the laws are judge-made. They
are rather case law, in parts possibly enacted by
some of the various assemblies at which the laws were
promulgated or rehearsed, but for the most part simple
declarations of law originating in custom and moral
justice, and records of judgments based upon “the
precedents and commentaries”, in the sort of
cases common to agricultural communities of the time,
many of the provisions being as inapplicable to modern
life as modern laws would be to ancient life.
A reader is impressed by the extraordinary number
and variety of cases with their still more numerous
details and circumstances accumulated in the course
of long ages, the manner in which the laws are inextricably
interwoven with the interlocking clan system, and the
absence of scientific arrangement or guiding principle
except those of moral justice, clemency, and the good
of the community. This defect in arrangement
is natural in writings intended, as these were, for
the use of judges and professors, experts in the subjects
with which they deal, but makes the task of presenting
a concise statement of them difficult and uncertain.