The Transition from Brehon Law to English Common Law
The transition from Brehon law to English common law had a devastating impact on the O'Hagan family, effectively ending their centuries-old position of power and prestige in Gaelic Irish society.
Loss of Legal Authority and Status
For over six hundred years, the O'Hagans had served as hereditary brehons (judges and law-givers) to the O'Neill clan in Ulster. The imposition of English common law eliminated this prestigious hereditary position, as the English legal system did not recognize the authority of Brehon judges.
In 1602, Lord Mountjoy (sent by Elizabeth I) deliberately smashed the inauguration stone at Tullyhogue and destroyed the surrounding area. This symbolic act marked the end of the O'Hagans' role as inaugurators of the O'Neill kings and custodians of the ceremonial site.
The O'Hagans lost their title as Lords of Tullyhogue (Tulach Óg) when the Gaelic order was dismantled. Under the English legal system, their traditional Gaelic titles held no legal standing.
Key Events in the Decline
1595: The Last Inauguration
Hugh O'Neill's inauguration (performed by an O'Hagan) was the last Gaelic inauguration of a chief in Ireland. This ceremony represented the final flourishing of the traditional Gaelic order before its collapse.
1602: Destruction of Tullyhogue
Lord Mountjoy (sent by Elizabeth I) smashed the inauguration stone at Tullyhogue and destroyed the surrounding area, marking the end of the O'Hagans' role as inaugurators and a symbolic destruction of Gaelic authority.
1603: Post-Kinsale Dispossessions
After the Battle of Kinsale, many O'Hagans suffered great losses with the dispossessions that followed the defeat of the Gaelic forces and the subsequent surrender of Hugh O'Neill.
1607: Flight of the Earls
Several O'Hagans were among the 98 who fled northern Ireland with Hugh O'Neill in the "Flight of the Earls," choosing exile over life under the new English order. This event marked the final collapse of the old Gaelic aristocracy.
Differences Between Brehon and English Law
The transition from Brehon to English law represented not just a change in legal systems but a fundamental transformation in how justice and society were conceived:
Brehon Law
- Based on compensation rather than punishment
- Focused on restoring harmony within the community
- Recognized women's rights to property and divorce
- Hereditary legal specialists (brehons) interpreted the law
- Judgments enforced through social pressure and honor
- Recognized different classes but provided legal protections for all
- Included environmental protections and sustainable resource management
English Common Law
- Based on punishment and retribution
- Focused on maintaining order and royal authority
- Severely limited women's legal rights
- Professional judges appointed by the Crown
- Judgments enforced through physical coercion
- Discriminated against native Irish in application
- Prioritized economic exploitation of resources
For the O'Hagans, this transition meant not only the loss of their prestigious role as brehons but also subjection to a legal system that was fundamentally hostile to their culture, traditions, and interests.
Long-term Legacy
The transition from Brehon to English law fundamentally altered the trajectory of the O'Hagan family. From being one of the most powerful and influential families in Ulster as Chief Brehons to the Cinel Eoghain, they were reduced to a marginalized status under the new legal and social order.
While some O'Hagans later achieved prominence within the English legal system (such as Thomas O'Hagan, who became the first Catholic Lord Chancellor of Ireland in 1868), the family never regained the unique status and authority they held under the Brehon law system.
The story of the O'Hagans exemplifies the broader transformation of Gaelic Irish society that occurred with the collapse of the Gaelic order and the imposition of English law, language, and customs in Ireland. Their experience reflects the profound cultural and social disruption that accompanied the political and military conquest of Gaelic Ireland.
Nevertheless, the memory of the O'Hagans' role as brehons and inaugurators has endured as an important part of Irish cultural heritage, symbolizing a sophisticated indigenous legal tradition that existed for centuries before its suppression.