Brehon law in the context of "Surrender and regrant"

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⭐ Core Definition: Brehon law

Early Irish law, also called Brehon law (from the old Irish word breithim meaning judge), comprised the statutes which governed everyday life in Gaelic Ireland. They applied in Early Medieval Ireland and were partially eclipsed by the Norman invasion of 1169, but underwent a resurgence on most of the territory of the island from the 13th century, coexisting in parallel with English common law, which eventually surpassed them in the 17th century. Early Irish law was often mixed with Christian influence and juristic innovation. For centuries, these secular laws existed in parallel, and occasionally in conflict, with canon law and English common law, the latter of which was first introduced in Ireland in the 12th century.

The laws were a civil rather than a criminal code, concerned with the payment of compensation for harm done and the regulation of property, inheritance and contracts; the concept of state-administered punishment for crime was foreign to Ireland's early jurists. They show Ireland in the early medieval period to have been a hierarchical society, taking great care to define social status, and the rights and duties that went with it, according to property, and the relationships between lords and their clients and serfs.

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👉 Brehon law in the context of Surrender and regrant

During the Tudor conquest of Ireland (c.1540–1603), "surrender and regrant" was the legal mechanism by which Irish clans were to be converted from a power structure rooted in clan and kin loyalties, to a late-feudal system under the English legal system. The policy was an attempt to incorporate the clan chiefs into the English-controlled Kingdom of Ireland, and to guarantee their property under English common law, as distinct from the traditional Irish Brehon law system. This strategy was the primary non-violent method for Crown officials in the Dublin Castle administration to subjugate Irish clan leaders during the conquest. It was an unanticipated consequence to be required to pay fealty in currency instead of trade labor or commodities. The process of "surrender and regrant" thus created new, unfamiliar debt structures among the Irish, and these debts had social and political consequences.

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Brehon law in the context of Manx Law

The legal system on the Isle of Man is Manx customary law, a form of common law. Manx law originally derived from Gaelic Brehon law and Norse Udal law. Since those early beginnings, Manx law has developed under the heavy influence of English common law, and the uniqueness of the Brehon and Udal foundation is now most apparent only in property and constitutional areas of law.

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