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Part 1; Origins Part 2; Law texts
Part 3; Clan and Part 4; Women's Rights Part 5; Professionals
Part 6; Land ownership Part 7; Property Part 8; Legal tender Part 9; Contracts
Part 10; Distraints
Part 11; Summation Part 12; Glossary |
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he Laws of a culture are an in-depth reflection of its people, their mores and way of life. For the ancient Irish, the Law was the single most important factor in both public and private life in the land. The native legal system was fully developed long before the invasions of Christian, Danish or Anglo-Norman. Though somewhat disturbed by each of these events, it continued to serve until finally abolished in the early 17th century. In this study, I will attempt to provide a historical summary and a sketch of the main features of the Brehon Law and it's reflection on the Irish culture of the early Iron Age. Thus there will be a number of disagreements with later versions of the Law, especially after the 8th century CE. I will also attempt to correct some of the more common misconceptions especially as they relate to the law and the lawgivers themselves.
When It Began
We will likely never know just when the rudiments of Brehon Law were laid down. The first mention of law in ancient texts are casual comments that shed little light. For example, there is the brief mention of the Firbolg and Tuatha de Danann negotiating "…under the Laws of Battle," during the prelude to the First Battle of Moyturra. There is also brief mention that Amergin, chief poet (Fíli) of the Milesians, was skilled in "Law Craft." Such references are hardly definitive.
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We also do not know which of the early Irish cultures planted and nurtured the Brehon seed. However, since the late bronze-age Milesians were of a warrior class aristocracy, the absence of capital punishment suggests another and earlier culture. It therefor seems logical to credit the middle bronze age Tuatha de Danann with major contribution to formation of the Brehon Law, if not outright development. Whatever the case, major development of at least a rudimentary form of the law apparently began between the 18th and 13th centuries BC.
A Matter of Honor
Brehon Law continued to remain the law of the Irish until finally extinguished during the Cromwellian onslaught of the 17th century. The durability of the Law for nearly 3-millenium is astounding. The reason for its unparalleled strength and longevity was the sense of honor held by the people whom it governed. The laws were laws of users. That is, they attained their authority from public opinion. They were an expression of the moral power of the people. That moral power was the code of honor reflected throughout both ancient law and wisdom texts. An individuals word was his or her bond.
The Law-givers
What is today known as the "Brehon Law" is more properly known as Fénechas, the law of the Féine, the free land tillers. The name Brehon is an Anglicization for the name Breitheamh, the scholars of law. It was these scholars that studied and maintained the large body of legal material from the earliest of times down into the near modern era in a unique role that is generally misunderstood today.
Why It Worked
The durability of the Law is astounding. Existing in Ireland long before the common era, it remained the favored system by Irish and Norman alike until the 17the century and the reign of Queen Elizabeth. This in spite of the fact that English writers were always strong in their condemnation of the Brehon law and a number of acts of parliament were taken against it. Parliament even went so far as to declare it an act of treason for English settlers to use it. In defiance of such bans, English settlers who lived outside the pale adopted Irish custom, manner of dress and even the law, all of which they became as attached to as the Irish themselves.
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