bought from them most of their domains—first Feldkirch in 1375, next Bludenz and the Montafon valley in 1394, finally the county of Bregenz in two parts, acquired in 1451 and 1523. In 1408 the Appenzellers were defeated before Bregenz, while in 1647, during the Thirty Years’ War, the town was sacked by the Swedes under Wrangel. (W. A. B. C.)
BREHON LAWS, the English but incorrect appellation of the ancient laws of Ireland, the proper name for which is Feineachas, meaning the laws of the Feine or Feini (fainyeh), who were the free Gaelic farmers. Dlighthe Feine is another name for the laws, with the same meaning. Laws of universal application which could be administered only by duly qualified judges were called Câin law, while minor laws administered by nobles and magistrates were called Urradhus law. Regular courts and judges existed in Ireland from prehistoric times. The Anglo-Irish word “Brehon” is derived from the Gaelic word Brethem (= judge).
The extant remains of these laws are manuscript transcripts from earlier copies made on vellum from the 8th to the 13th century, now preserved with other Gaelic manuscripts in Trinity College and the Royal Irish Academy, Dublin, the British Museum, Oxford University, some private collections and several libraries on the continent of Europe. The largest and most important of these documents is the Senchus Mór or “Great Old Law Book.” No copy of it now existing is complete, and some portions are missing from all. What remains of it occupies the first, second, and a portion of the third of the volumes produced by the Brehon Law Commission, which was appointed in 1852.
In the Annals of the Four Masters it is said: “The age of Christ 438, the tenth year of King Laeghaire (Lairy), the Senchus Mór and Feineachas of Ireland were purified and written.” This entry has ample historical corroboration. Of many separate treatises dealing with special branches of the law, the Book of Aicill, composed of opinions or placita of King Cormac Mac Art, otherwise Cormac ua Quim, Ard-Rig of Erinn from A.D. 227 until 266, and Cennfaeladh the Learned, who lived in the first part of the 7th century, is the most important.
The text and earlier commentaries are in the Bearla Feini—the most archaic form of the Celtic or Gaelic language. From gradual changes in the living tongue through a long expanse of time many words, phrases and idioms in the Bearla Feini became obsolete, and are so difficult to translate that the official translations are to some extent confessedly conjectural. In many cases only opening words of the original text remain. Wherever the text is whole, it is curt, elliptical, and yet rhythmical to a degree attainable only through long use. The rigorously authentic character of these laws, relating to, and dealing with, the actual realities of life, and with institutions and a state of society nowhere else revealed to the same extent, the extreme antiquity both of the provisions and of the language, and the meagreness of continental material illustrative of the same things, endow them with exceptional archaic, archaeological and philological interest.
In the earliest times all learned men, whether specially learned in law or not, appear to have acted as judges. Gradually as literature and learning increased, judgments delivered by men without special legal training fell into disfavour. In the 1st century of the Christian era, when Conchobhar or Conor Mac Nessa was king of Ulster, a crisis was reached, the result of which was that no man was allowed to act as Brehon until he had studied the full law course, which occupied twenty years, and had passed a rigorous public examination. The course of study for Brehon and Ollamh, advocate and law-agent respectively, is carefully laid down in the law itself. The Brehonship was not an office of state like that of the modern judge, but a profession in which success depended upon ability and judgment. The Brehon was an arbitrator, umpire, and expounder of the law, rather than a judge in the modern acceptation. It appears, without being expressly stated, that the facts of a case were investigated and ascertained by laymen, probably by the Aireachtas—a local assembly or jury—before submission to a Breton for legal decision. A Brehon whose decision was reversed upon appeal was liable to damages, loss of position and of free lands, if any, disgrace, and a consequent loss of his profession. No Brehon had any fixed territorial jurisdiction. A party initiating proceedings could select any Brehon he pleased, if there were more than one in his district. Every king or chief of sufficient territory retained an official Brehon, who was provided with free land for his maintenance. In ordinary cases the Brehon’s fee was said to have been one-twelfth of the amount at stake.
Assemblies, national, provincial and local, were a marked characteristic of ancient Irish life. They all, without exception, discharged some legal functions, legislative or administrative, and even in those in which amusement predominated, the Cáin law was publicly rehearsed. Most of the assemblies were annual, some triennial, some lasted only a day or two, others a week and occasionally longer. All originated in pagan funeral or commemorative rites, and continued to be held, even in Christian times, in very ancient cemeteries. They were called by different names—Feis, Aenach, Aireachtas, Dál, &c.
The Feis of Tara, in Meath, was from its origin seven centuries before Christ down to A.D. 560, mainly national and political, being convened by the Ard-Rig, held at his residence, presided over by him, and consisting of the provincial kings, tanists, flaiths, Brehons, warriors, historians, poets and other distinguished men from the whole of Ireland. It was due to be held every third year for the purpose of “preserving the laws and rules,” and it might be called specially on any urgent occasion. After the statesmen had consulted, the laws were proclaimed, with any modifications agreed upon. Then the proceedings became festive, queens and great ladies taking part. The Feis of A.D. 560 was the last regular one held at Tara because the monarch ceased to reside there. One national assembly of an exceptional character was held at Tara in A.D. 697, by a decree of which women were emancipated from liability to military service.
The Aenach held annually at Tailltenn, also in Meath, was a general assembly of the people without restriction of rank, clan or country, and became the most celebrated for athletic sports, games and contests. Yet even here the laws were read aloud, and it is not without significance that the last national assembly held at Tailltenn under King Rhoderic O'Connor in 1168 was a political one.
The Dál-Criche (= territorial assembly), held at Uisneach in Westmeath, was a gathering for political and quasi-legislative purposes. At one assembly there about a century before Christ, a uniform law of distraint for the whole of Ireland was adopted on the motion of Sen, son of Aigé. This did not prevent the gatherings at Uisneach from being for ages celebrated for gaiety and amusement.
Each provincial kingdom and each tuath had assemblies of its own. Every flaith and flaith-fine was a member of a local assembly, the clan system conferring the qualification, and there being no other election.
An assembly when convened by the Bruigh-fer for the special purpose of electing a tanist or successor to the king was called a Tocomra.
Very careful provision is made for the preparation of the sites of great assemblies, and the preservation of peace and order at them is sanctioned by the severest penalties of the law. The operation of every legal process calculated to occasion friction, such as seizure of property, was suspended during the time the assemblies lasted.
The term Rig (reeh = rex, king) was applied to four classes or grades of rulers, the lower grades being grouped, each group being subject to one of their number, and all being subject to, and owing tribute and allegiance to the Ard-Rig (= supreme king of Erinn). The Ard-Rig had an official residence at Tara and the kingdom of Meath for his special use. The provincial king, Rig Cuicidh, also had an official residence and kingdom of his own, together with allegiance and tribute from each Rig-mor-Tuatha in his province, who in his turn received tribute and allegiance from each Rig-Tuatha under subjection to him. The Rig-Tuatha received
