The Glories of Ireland by Unknown
page 80 of 447 (17%)
page 80 of 447 (17%)
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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 Mór_, 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 |
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