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The Brehon Law
by
Michael Ragan
© 1999


Part 1; Origins

Part 2; Law texts

Part 3; Clan and
social classes

Part 4; Women's Rights

Part 5; Professionals

Part 6; Land ownership
and use

Part 7; Property

Part 8; Legal tender

Part 9; Contracts

Part 10; Distraints
and fasting

Part 11; Summation
and appendix

Part 12; Glossary

divider Briugu
Hospitality was a major feature of Irish culture. Under Brehon Law, all householders had some obligation to provide hospitality to free persons. The greater responsibility was that of the Rí who appointed an individual to ensure obligations of hospitality for the tribe was met. This office was called briugu (later "brughaid"). Mensal lands and herds were provided to support the operation of the hostelry. The Briugu could refuse no free person and their retinue. If he were to do so, he summarily lost his title and position. The office was usually filled by either one of noble birth or a wealthy non-noble who exhibited the desired abilities and characteristics. The role seems to have been much prized as a non-noble could acquire nemedh stature as well as being lucrative in material terms. According to Kelly, the office of briugu survived in recognizable form into the 16th century.

Cleric
The early law texts reveal a somewhat different Irish church and clergy than some annals would have us believe. Canon Law was followed only when convenient to the purposes of the monastery. At other times, Brehon Law filled the gaps. First of all, by the 8th century, the church was a very political organization and becoming wealthy. Leading churchmen were often of noble Irish lineage - sometimes even kings - such as Cormac Mac Airt. Frequently the Abbot was a member of the kin-group of the territory. It was through these links with secular power that the Church gained privilege and influence. As influence was gained, monastery law reflected the changes. The Druid was being relegated to a lesser role and the Bishop achieved equal and sometimes greater status to the king.

 
       While the new religion's influence was being felt by the Irish, the old social practices were being felt by the Church. Our view of the 6th century Church is one of a semi-paganized organization. The so-called First Synod of St. Patrick (6th century) openly refers to the wives of priests and the archbishop is given the same honor price as a provincial king. Various texts outline penalties for erring clerics in cases of everything from murder to impregnating a woman. In the latter case however, the cleric may atone for his act, but the woman remains responsible for rearing the child. Apparently, clerical chastity was not widely observed.

Fili
In the very early monasterial law texts, the Fili retained full Nemedh (privileged) status, though an erosion is underway for other professionals are now considered doernemed. Such a high status is indicative of the Irish society's love of satire and preoccupation with honor. For it was the Fili poet who could damage an individual's character and community standing through satire or equally improve ones situation through praise. Thus, the church leadership recognized the value of the poet's craft and treated them with great respect and lavish hospitality. The texts recognized two categories of poet, the privileged File and the less privileged Bard. Thus the bard was entitled to only half the honor-price of the Fili. As the repository of traditional lore such as history and genealogy, the rank of the poet depended on his knowledge. An Ollam is required to know 350 tales, whereas the Fochloc (lowest grade of poet) was only required to know 30.

Lawyer
The law distinguished between two types of professionals devoted to the law. They were the Brithem (Brehon) and the Aigne.

Brithem
The Birthem were classified in three grades. The highest of these is the "judge of three languages;" that is traditional law, poetry and canon law. His honor price is 15 séts. The next rank is the arbiter of traditional law and poetry, with an honor price of 10 séts. The lowest rank is considered only competent in matters relating to craftsmen and has an honor price of 5 séts. Each Tuath had its own arbiter who was appointed by the Rí.
Aigne
The Aigne equates to them modern court lawyer or barrister. He or she pleads the case in court and is entitled to a portion of the client's award.
Physician
The role of the Physician did not seem to gather a great deal of interest in early monastery texts. Most texts apply one honor price to physicians, although they do seem to recognize various grades of expertise and mention the requirements for the physician to achieve Nemedh status, they do not reflect differences in honor price. The amount of honor price varied from text to text, but the median is a range between 7 and 8 sets.
Fáithliaig
The Fáithliaig was a seer-physician and is seen in mythology as being as much magician as healer. For instance, the notable Fingen, King Conchobars Fáithliaig, who restored a warrior to life whose heart sinews had been severed so that his heart rolled around inside him like a ball. The Fáithliaig was expert in all forms of physical as well as magical healing including leechcraft, herbalism, surgery and bone-setting, as well as augury and seership.
Liaig
The term Liaig is derived from the Old Irish term for "leech." This healer used primarily leechcraft and surgery, but knowledge of herbalism was also required when a Midach was not available.
Midach
The term is derived from the Old Irish word for "mead." The Midach seems to have been primarily an expert in internal medicine and the use of herbs. Though the texts don't seem to specify great detail, the inference is that the Midach was primarily an "Internist" in today's terms.
Drui
Later variations of the spelling include Draí, Draoí and the English Druid. The actual role of the Drui is generally ignored by the law texts. It is the sagas and recordings of the "Saints lives" that identify them as priests, prophets, astrologers and teachers of the noble sons. The truth of the matter is that the role of Drui was not a separate function in society. They were merely the intelligencia and the professionals of tribe and clan, which included among others, the Lawyers, Healers and Smiths.

Wright
The wright, builder, carpenter, etc. who worked mainly in wood was known as a Saer. A saer who was skilled in either boat-building, house building, church building or manufacturing items of yew wood was given an honor price of 7 sets. If he was master of all four, he had an honor price of 15 sets.

Blacksmith
The blacksmith was called a gobae. Like the Physician and silversmith his honor price was 7 séts. The gobae was held in great esteem by the community, especially during the iron age as he or she made the essential tools of food-production such as plough and spade. He was also the forger of weapons of death such as sword and dirk and thus was sometimes thought to possess supernatural powers.(see the Legend of Gobhniu.)

Servants
There is a lack of information on the rights of servants in the law-texts, which indicates little if any consideration for most. However, several positions stand out as important to those they served and thus were given protection to the extent of half their employers honor price. The first was the Rechtaire (Steward) who arranged seating, sleeping accommodations and food as well as rent-collector. The second was Techt, or messenger, who served as emissary and representative of his employer. The third position is that of Rannaire, the carver who divided up the food. And of course the Dáilem or cupbearer (also Deogbaire). Each of these individuals had to have considerable knowledge of protocol to insure that each guest was properly honored and served according to custom.
       The servants that seem to receive the most attention in the monastery texts are the Dercaia (lookout), Amuis (bodyguards) and Fénnid (champion). The Dercaia seems to have been one who kept watch around the perimeter of the noble rath. The Fénnid guarded the door and usually 4 Amuis were in close attendance to the ruler. Last, but not least was the Arae or charioteer. These positions were valued at half the honor price of their employer and had exemption of liability for acts of violence during the course of their duties.

Children
Children under the age of 14 had no legal right to independent legal action. They were the responsibility of either the natural or fostering parents. At the age of 14 they seemed to gain limited independence and thus limited legal responsibility and at the age of 17 were considered adult with full rights and responsibilities. The child attained half-honor price at the age of 7 and full honor price at maturity. By at least the middle Irish period, the attitude of the Church seems to have been that females should be married to either man or church by the age of 14. As with many other issues, the monastery texts are not all in agreement.


 
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