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

he most common legal act in Irish society was the verbal contract. Such an act was called "cor bel" or literally "putting to the lips." Contracts were an exchange of obligation and a matter of honor. The amount of value involved in an individual contract could not exceed the honor-price of the contracting party(ies). If a contract was desired that exceeded an individual's honor-price, he or she must obtain permission from the kin who would be liable in case of default.
There were certain situations in which a contract was invalid. These included contracts made under duress, in fear or in ignorance. Also invalid were fraudulent contracts and those made in drunkenness, except when it related to co-ploughing and the sale of stolen properties.
Adjustment of Contracts
A contract, in which there is no fraud or other impediments, turns out to be fraudulent, may turn out to be unfair to one of the contracting parties. In such case, terms of the contract may be adjusted to attain an even and fair contract. The aggrieved party has ten days for 'discovering' of defects in the contract.
Written Contracts
Written contracts were very rare outside of the Church. However, Canon Law required that agreements concerning the Church be written down. Thus, the early monastery law tracts did recognize the validity of such.

Pledges
Ancient Irish law relied greatly on the use of gell (pledges) to ensure that legal obligation was met. A pledge was something of value given by its owner for a fixed period into the custody of another. Giving of a pledge signified the givers willingness to accept the claim of another or - in the event of dispute - submit the issue to arbitration.

Once agreement was reached, the pledge served as material hostage until the agreed upon terms were met. For example, when someone was injured, the party who caused the injury agrees to provide sick maintenance. The injurer hands over three pledges: First is a pledge to the family of the victim. Second is a pledge that a substitute will be provided to do the work of the injured party. Third is a pledge that when recovered, the injured one will be returned home safely.
Usually, a pledge is an object of intimate value to the pledge. For example, a craftsman might pledge a critical tool of his trade, or a champion his sword, a weaver her beam, or the pledge might be made in the form of livestock. There were occasions when pledges may be made before the fact. For example, neighboring farmers might make fore-pledges to cover potential damage to crops by wandering livestock.
At least by the middle Irish period, even the Brehon who arbitrated a case at law is required to make a pledge in the event that his findings are disputed. The intention was apparently to ensure some leverage for the individuals involved in the case.

Hostages
The various law texts make frequent reference to the giall (hostage). It is clear that the idea of hostage and pledge are closely related. The holding of hostages was apparently of great political importance. They were usually taken to ensure continued submission of a territory over which a ruler claimed sovereignty, or to serve as surety of peace between warring territories.
The conditions under which hostages were held varied greatly and diminished over time and the growing influence of Dane and the Church. Early, hostages were kept (that is fed and housed) generally according to their social status and accustomed life-style. Over time the rules became harsher so that by the middle Irish period, one text states "…he is not a king who does not have hostages in fetters."