NO. 14 BREHON'S CHAIR
“There, in that hollowed
rock, grotesque and wild,
An ample chair, moss-lined.”
Thompson.
The Brehon's Chair, which is also
known by the name “Daly’s Chair,” is near the little
village of Finvarra, (people generally are led to believe that the
name Finnavarra is derived from Fión, white, and Na Mara, the
genetive of muir, the sea, with the article prefixed, i.e. "White
of the Sea" a certainly not inappropriate name for the numerous
submarine rocks which surround the peninsula of Finnavara cause the
surface of the waves there to present a constant face of snow white
foam. The name however seems to be more properly traceable to the circumstance
of its' having been the locality where the Brehon held his sittings.
Finne signifies, attendance testimony
and beara is a judge. The Four Masters (ad an. 1514) spell the name
Finagh-Beara) about a mile west of New Quay. It is south-west by
west of the summit of Bourneenhill, on the side of which it stands.
The chair is a platform about seven or eight feet long by four feet
wide, apparently carved by nature, in the side of a large rock overlooking
a small amphitheatre shaped glen, in which used to assemble in days
long gone by the parties litigant, as well as the people who desired
to hear the laws propounded. The Brehon when seated here had an extensive
view over sea and wild mountain scenery towards the south and west.
The chair itself has an aspect looking south, 25 degrees west.

Brehon's Chair at Finvarra
Click on image for larger view
In all probability most of those readers,
who accompany us in this ramble, are already in some measure acquainted
with that portion of the ancient history of Ireland, which relates to
the administration of justice. Some of our readers, however, may not
be so well informed, and they will no doubt, be glad to learn, even
a superficial peripatetic lesson from their fellow rambler. The Brehon
then was the judge who administered the laws amongst the ancient Irish,
and it appears that some of the Irish Chieftains maintained that officer
as an appendant to their regal dignity until a comparatively recent
period. Thus in the year 1606 when it became necessary to ascertain
what were the services and rents paid to M'Guire out of the territory
of Fermanagh his Brehon, O`Brislann being sent for, brought the particulars
on a roll of parchment with him. As the Brehon was the Judge who administered
the laws, so the laws which he administered were stiled by the English
settlers the Brehon laws. Edmund Campion, who in 1571 professed to write
a history of Ireland, in his sixth chapter, entitled “Of the mere
Irish,” gives the following account of the Brehons:—
“Other lawyers, says he, they
have liable to certaine families, which after the custome of the countrie
determine and judge causes. These consider of wrongs offered and received
among their neighbours, be it murder, or fellonie, or trespasse, all
is redeemed by composition (except the grudge of the parties seek revenge)
and the time they have to spare from spoiling and preying they lightly
bestow in parling about such matters. The Breighoon (so they call this
kind of lawyer) sitteth him down on a banke, the lords and gentlemen
at variance round aboute him and then they proceede.”
Writing of the Brehon administration
of justice, Sir John Davies, who was Attorney-General in Ireland to
Queen Elizabeth, uses the following words:—
“For whereas by the just and
honourable law of England, and by the laws of all other well-governed
kingdoms and commonwealths, murder, manslaughter, rape, robbery and
theft are punished with death; by the Irish custom, or Brehon law, the
highest of these offences was punished only by fine, which they call
an erick.”
In the first number of these rambles,
some account was given of how the lands of Ballyvaughan came to be transferred
by way of erick, in consequence of Lewis O'Loughlin, the owner of that
townland, having received a cow, which had been stolen by the son of
Madra Dun (the Brown Dog.) From the instance of the Brehon of M`Guire
of Fermanagh, having so recently as 1606 been called on, it is evident
that the Brehon dispensation of justice was in force in some places
at least so lately as the beginning of the seventeenth century. Nevertheless,
this must be understood as having continued amongst the Irish only,
for the use of the Brehon law was made high treason, and as such, forbidden
to the English resident in Ireland, by the statute of Kilkenny (c. IV.)
passed in the fortieth year of the reign of Edward III.
The language of that statute is “And
that no Englishman be ruled in the definition of their debates by the
March law, or the Brehon law, which by reason ought not to be named
a law, but an evil custom.” What a system of government was it
to forbid under the penalty of high treason to an Englishman, as an
evil custom that which was permitted to be used with impunity by the
Irish, for whom at that period, A.D. 1367, anything was considered to
be good enough! The late Doctor Ledwich wrote that the Brehon was reckoned
amongst the nobility by Macpherson, and the Doctor himself thought he
might be accounted noble, as he held of the prince by grand-serjenntry,
which that writer appears to have considered a sufficient reason. The
Doctor adds, “his office and property were hereditary. The Brehon
sat on the summit, or acclivity of a hill, to hear causes which practice
was copied from the Northerns. Stephanius supposes such places were
chosen because ancient superstition adored hills, as well as groves
and fountains, and it was believed the influence of magic was less in
the open air than in confined places. It was common in Wales to throw
up an earthen mount whereon the Judges sat, and this they called a Gorsedde.”
Thus far for the general nature of
the office of Brehon. Our next inquiry is directed to ascertain, if
we can do so, who was the Brehon that sat in the Finvarra judgment chair.
It is, of course, probable that this chair was occupied by a succession
of these judges. Nevertheless, as tradition continues to denominate
it “Daly's Chair,” it is exceedingly likely that some Brehon
of that name was either the most eminent, or last who occupied it. The
offices of Brehon and Poet were sometimes united in the same person.
We have the authority of a poem of G. Comde O. Cormaic for making this
assertion. He tells us that Amergin was both a judge and a poet.
“Primus Amerginus Genucandidus
author Iærnæ,
Historicus, Judex Lege, Poeta, Sophus.”
Hence it is not very improbable but
the chair now being written of, derived its name from Carroll O'Daly,
called in the transactions of the Iberno Celtic Society, the Poet of
Corcamroe. O’Reilly tells us that several of this poet’s
poems and tales were repeated from memory by the common people of the
country. He died in the year 1404, as did in the same year Donald, son
of Donough O’Daly, who, from his facility in writing verses was
nicknamed "Bolg an Dána'', signifying in Irish the same
as “A wallet of poems,” in the English language. But Loughlin
O’Daly, who flourished about the middle of the sixteenth century,
has a stronger claim to having given a name to the Finvarra chair than
any other person of whom we have met with any account. This poet was
author of the poem Fogur Cabhair do chriuch Boirne “Assistance
is near the country of Burrin.” He also composed some other poems
mentioned in the catalogue published in 1820, by the Iberno Celtic Society,
and compiled by the late Mr. Edward O’Reilly, then their Secretary.
The verses just referred to were written on the family of O’Loughlin
of Burren, with which, it is probable, Loughlin O’Daly was connected.
Walker (hist. of the Irish Bards, page 73), relates the following anecdote
of the O’Dalys, who, he says, were hereditary bards of O’Loughlin
of Burrin:-
“By means of a train of circumstances,
the O’Daly’s rose to affluence and power, and instead of
being retainers themselves, they entertained domestic bards, and were
visited by itinerant minstrels.
About the close of the last century
a wandering musician presented to the head of this family a dan or panegerick,
which the old gentleman having read, turned to the bard and said, ‘Friend,
I admire your composition, and thank you for the honour you do me. As
a reward I will give you some advice — the profession of a bard
is now but a precarious means of subsistence, relinquish it, therefore,
for a more profitable one. We ourselves (meaning his own family) pursued
the profession only while it was attended with emolument.’ ”
There were several poets of the same
name, who flourished at different periods; but none of them seem to
have as good pretensions to the Finvarra chair as those already mentioned.
The reader who is willing to trouble himself with further inquiry about
them, may consult O’Reilly’s Chronological account of Irish
writers at the years 1387, 1415, 1420, 1430, 1520, 1570, and 1680.
Having written thus much relative
to the bardic pursuits of the Daly family, we must not pass over Carol
More O’Daly, who was brother of Donogh (the learned Irish
scholar Dr. O'Donovan in the pedigree of O'Kelly appended to the tribes
of Hyllaine, at the subdivision headed "O'Killy of Callow,"
writes, "Teigue roe O'Kelly of Callow, he married Raghnailt Ny
Brien, with whom the O'Daly's first came into Conought from Finnvarra
in the barony of burren and County of Clare where they had been for
ages as poets to the O'Loughlins of Burren"), a turbulent
Conought Chieftain the reign of Queen Elizabeth. — Carol was amongst
the most accomplished men of his time, and excelled most persons in
poetry and music. He was author of the beautiful words to the so much
admired air Eileen-a-ruin. That melody began “Dtiucfa tu a bhfanna
tu Eilin-a-ruin.” I.E. “Will you stay or come with me Ellen
my dear?” The song owes its existence to one of those crosses
so often experienced by lovers. Our bard paid his addresses to Ellen,
daughter of a Chieftain named O’Cavanagh. She was amiable and
lovely, and returned his affection. Her friends, however, disapproved
of the match, and O’Daly having left the country for some time,
they availed themselves of the opportunity his absence afforded to impress
on Ellen’s mind a belief of his inconstancy. After some time she
consented to marry another person. O’Daly, however, happened to
return the evening previous to the day fixed for the nuptials. In the
anguish of despair, heightened by a love still ardent, though disappointed,
he retired to the wild sea coast and there gave vent to his feelings
by composing the song in question. Next night, disguised as a Harper,
he mingled with the crowd which thronged the wedding, and his harp gained
him admission. It so happened, that Ellen Cavanagh herself accidentally
called on him to play. She was ignorant who he was. It was then, as
we are told, ”that touching his harp with all the pathetic sensibility
which the interesting occasion inspired, he infused his own feelings
into the song he had composed, and breathed into his softened strain
the very soul of pensive melody.” The meaning of the words ”Will
you stay or come with me Ellen my dear?” could not be mistaken.
Miss Cavanagh recognised him through his disguise, and acknowledging
the force of his minstrelsy, went secretly away with him before the
hour came for the marriage ceremony between her and O’Daly’s
rival.
In the collection of ancient Irish
deeds from the pen of that excellent antiquary, Mr. Hardiman, published
amongst the transactions of the Royal Irish Academy, pages 87 to 92,
a copy is given of an assignment dated in 1612, of Gortnadrise, part
of the townland of Finvarra from Donogh MacLoughlin Roe O’Daly
of Finvarra, to Anthony Fitzjames Fitzambrose Lynch of Galway, merchant,
and also of a mortgage, dated in 1608, from Donald O’Daly and
Cormac O’Houroune to the same Anthony Lynch of the same premises
(O'Daly of Corcomroe, i.e.: Teige the son of Donough, son of Teige,
son of Carroll, a professor of poetry, who kept a house of general hospitality
died in his own house at Finagh Beara (Finnvarra) and was buried in
the monastery of Corcomroe. Annals of the Four Masters at year 1514).
The writer of this ramble has at present
in his small collection of coins, two, which were found a short time
ago at Finvarra, not far from the Brehon’s Chair, on the demesne
of William Skerrett, Esq., to whose generosity he is indebted for the
possession of them. The one is a copper penny token without date, and
apparently of that class struck by merchants and traders about the time
of the restoration. The words “Bartholomew French, merchant, lat
of Galway,” are very legible upon it. -The other was struck in
Limerick, and has inscribed around an embattled tower the words “City
of Limerick.” On the reverse is “1659,” within the
words “Charity Change.”
In all likelihood, the Brehon Daly
was interred at the little mound of earth situate on Pouldoody Bay,
where the erection called “Daly’s Monument” stands.
This monument is a low hexagonal pillar, elevated on a flight of stone
steps of a similar form. It seems not to be of modern formation, although
it possibly was built on a site of some more ancient testimonial. In
the field close by Daly’s monument are the ruins of some extensive
building which tradition says was once a school. Here also yet remains
an excavation in a large rock, resembling a huge Apothecary’s
mortar. It was probably used for bruising corn (it more probably
was one of those Rock-basins coeval with paganism in Ireland).
There is likewise an underground cave, seemingly of the mithric kind
in the same field.
Between the Brehon’s Chair,
and the Flagged-shore, is a fresh water spring. It rises on the margin
of a lake, the water of which is salty and brackish. From this fountain
most of the fresh water used at New Quay is procured. At some little
distance from the well there is a very curious piece of limestone rock
to be met with. — It lies horizontally amidst the strata of the
same kind of rock, and is 47 feet in length, while its sides, which
are equal form a square base of only two and one half feet to the side.
If it were set up perpendicularly it would be a not unworthy imitation
of Cleopatra’s needle, and would be a certain means of attraction
to draw visitors to New Quay. Many large boulders of granite seemingly
brought from the Connemara shore, present themselves on the limestone
rock in this neighbourhood, and are a strong proof that the sea at some
distant period overflowed this district. Indeed, it appears as if the
several flats of rocky land between Bourneen and the sea arose from
the ocean by the repeated efforts of some upheaving power exerted at
different times. The Bourneen hill returns an excellent echo, repeating
a few syllables loudly and with great distinctness. Here,
“Echo in other’s words
her silence breaks,
Speechless herself but when another speaks;
She can’t begin but waits for the rebound
To catch the voice and to return the sound.
Hence, ’tis she prattles in a fainter tone
With mimic sounds and speeches not her own.”
It is said that the remains of an
ancient wood, consisting of oak trees laid side-long, and without leaves
or branches, has been discovered in the sea under low water mark, about
half-way between the Flagged shore and Finvarra point.
The Four Masters have ad an: 1245,
Cearbhall buidhe mac taidhg mic aongusa findabrach uí Dhálaigh
décc. i.e, Carroll Boy, son of Teige, the son of Aengus Finnabhrach
O’Daly, died.
The annals of the 4 Masters thus,
at the year 1244 record the death of Donagh More O Daly; Donnchad mór
ua Dálaigh saoí nár saraigheadh, agus nác
sáireochar lé dán do écc, agus 7 adhnacal
hi mainistur na búille. i.e. “Donagh More O Daly, a poet
who never was, and never will be surpassed, died, and was interred in
the abbey of Boyle.” The annals of Clonmacnoise designate him
as “Chief of Ireland for poetry.” O Donovan in a note to
the annals of the 4 masters says “According to tradition preserved
in the north of the Co. Clare, he was the head of the O`Dalys of Finnyvarra
in the north of Burrin, where they still point out the site of his house
& his monument. He is the ancestor of the O`Dalys of Dunsandle,
whose ancestor came from Finnyvarra with Ranailt Ny Brien, the wife
of Teige Roe O`Kelly of Callow in the latter end of the 15th cent'y.
O’Donavan in n.z. to 4 .Mast.
ad an: 1514 writes of the before ment’d Teige O'Daly that Finnyvarra
is near New Quay, & that at this place was in his (O’Donovan’s
time) shewn the site of an old stone house, (in which O’Daly was
said to have kept a poetical or bardic school); and near it, at the
head of an inlet of the sea was shewn the monument of Donough More O’Daly,
a poet & gentleman of much celebrity in his time, of whom many traditional
stories were told in the neighbourhood.
The O’Daly monument or pillar
was in existence when I was last in that country.
I lodged in a cottage within 20 yards
of it and my lamented son Thomas Cooke having died there in 1844. I
never returned to that country since.
T.L. Cooke
-1863.