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History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. II

Note 292 — Chapter VIII

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Eudoxus—What is that which you call the Brehon Law? It is a word unto us altogether unknown.

Irenæus—It is a rule of right, unwritten, but delivered by tradition from one to another, in which oftentimes there appeareth great show of equity in determining the right between parties, but in many things repugning quite both to God's law and man's. As, for example, in the case of murder, the Brehon, that is, their judge, will compound between the murderer and the friends of the party murdered, which prosecute the action, that the malefactor shall give unto them or unto the child or wife of him that is slain, a recompence which they call an Eriarch. By which vile law of theirs many murders are made up and smothered. And this judge being, as he is called, the Lord's Brehon, adjudgeth, for the most part, a better share unto his Lord, that is the Lord of the soil, or the head of that sept, and also unto himself for his judgment, a greater portion than unto the plaintiffs or parties grieved.—Spenser's View of the State of Ireland. Spenser describes the system as he experienced it in active operation. Ancient written collections of the Brehon laws, however, existed and still exist.

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