Introduction to the Brehon Law

by Alix Morgan Mac an tSaoir

The Irish law tracts known as Fenechas (the law of the Feine or Freemen), commonly known as the Brehon Law are probably the oldest known European laws. These laws, which were originally composed in poetic verse and memorized by the Filid, were written down in later ages and preserved for us in several books of law including the Senchus Mor, the Book of Acaill, and the Uraiccecht Becc. Linguistic evidence indicates that much of the law has its foundation as far back as the common Celtic Period (c. 1000 BCE). It is said that the Brehon Law was ordered codified in 438CE by Laighaire, High King of Ireland. This work was done by three kings, three Brehons and three Christian missionaries, and is contained in the Senchus Mor. These early Irish law texts originate in the 7th and 8th centuries CE and come down to us in mostly corrupt forms from manuscripts written in the 14th-16th centuries. We have been able to glean much about early law from tales, myths and histories. It is to be noted and expected that any in set of laws so reconstructed there are inconsistencies, later additions, and "christianization" of concepts. In spite of such corruption and the many blanks that the old tales leave us, what has come down to us is an astonishing collection of laws that are extremely unified and which confirm and complement each other.

It is to be noted that many of the customs codified in the laws show much older influences which are thought to have affinity to the Indo-Europeans systems that can be paralleled to systems traced to India. There are commonalities between Brahmins and Druids and it is thought by some that both India and Ireland, on the fringes of the Indo-European world, have preserved traditions which were more archaic and pure.

To understand the Brehon law further, one must begin to understand the culture of the people from which the law grew. These are laws of a pastoral people whose economics were based on a self-sufficient mixed farming economy where wealth was measured in ownership of cattle and regulated by family and tribal relationships . Coinage was unknown and barter was the prevailing economic standard. The law was based on the interactions of people and their foundation was largely the power of the customs of these people which grew into a more codified body of law. It is significant that these laws were considered even by our enemies to be based on sound principles of justice and later invaders adopted these principles which then governed Ireland into the seventeenth century.

The scope of the law as we find it today is very broad and encompasses almost every area of life and human relationships. The law texts show us a picture of a society which in contrast to our largely individualistic society of today was based on tribal and familial relationships. The law texts deal with people in terms of their role in their tribe and family and the obligations of the individual are usually generalized into family obligations, thus contracts are not solely between individuals but are between family units. The role of outsiders is restricted and the kinship roles are broadened.

Society was hierarchical and there was defined distinction in class. The obligations and rights of every strata of the society were clearly set down. The law was based on family and kinship groups who were held responsible for the actions of the individual with their midst. The stability of the law and the society was therefore strengthened by the necessity of the individual to be a part of the family or the tribe. A family or tribe that is going to pay the price for the actions of any individual will find it necessary to police the actions of the individuals in their midst. A person who was outlawed or exiled from their family or tribe had essentially no rights that were recognized under the law and no recourse, so one's tribal and family connection determined and sustained one's economic status, social status and even one's very existence.

Though the hierarchical and non-egalitarian status of the society is firmly established in early Irish law, the law is fair and humane. The rights of innocent dependents of guilty parties is clearly delineated. Guarantees of fair presentation of evidence including barring of witnesses who stand to gain from the outcome is clearly laid down. Provisions for protection of weaker and infirm members of the community are included as well as protections for clients from dishonest or violent lords. There are safeguards in place to protect the insane and protections for the elderly, the ill and destitute. Criminals, non observers of the law and non-productive members of society are, however, given short shrift.

Tradition, history and myth tell us that the interpretation and enforcement of the law was the job of a specialized group of well trained Druids called the Brithem or Brehon. The training of the Brehons was long and arduous. The memorization of long tracts of law was essential and the mastery of the intricacy of a complex law tradition was mandatory. Brehons were reciters of the law and Brehons were held personally responsible for damages if they gave false interpretation or recited the law incorrectly. There is some indication that early reciters of the law were considered to have some sort of Divine gift that enabled them to give true judgment. Only after the law was recited by the Brehon could the King or Queen make the judgement. Then as now Truth and Justice were the code of the Celtic people.

English sources of later periods (The Chronicle of Ireland 1584-1608 by Sir James Perrot-ed. Wood, Dublin 1933) note the hearing of law-cases on the hilltops by Brehons and the law texts we are discussing clearly delineate a place in law proceedings for the chief poet (int ollam filid) and a side court which includes historians "because the court relies upon the traditional lore (senchas) and clarification of historians (senchaid)."

The basics of native Irish law handed down from the ancients was practiced in Ireland until the Elizabethan times by law schools that preserved and taught the law and by legal families who were learned in the law. The Flight of the Earls in 1607 effectively meant the end of the law schools and legal families which had kept the law alive. Though there may have been some remnants that were extant into the 17th century, by the 18th century all of these law schools and families were extinct, because the old legal families were unwilling to transfer to English law, though there is evidence that some legal families worked for the new regime. In documents dated 1591 and 1602 there is mention made of a brehowne named Patrick MacEgan who given license to "prosecute and punish by all means malefactors, rebels, vagabonds..."

Resources used:
* A Guide to Early Irish Law by Fergus Kelly
* The Celts by Nora Chadwick
* Constitution of the Clannada na Gadelica
* The Brehon Law by L. MacDonald (Dalriada Celtic Heritage Trust)
* Gaelic Celtic Culture:Law by Iain MacAnTsaoir

prepared by Alix Morgan Mac an tSaoir

©1998, 1999, Clannada na Gadelica, all rights reserved.

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