BREHON LAW
The ancient law of Ireland, known as Brehon Law, is sophisticated and complex, the result of many centuries of practice. It was in use in the Gaelic parts of Ireland (the west, north and some of the south) until the 17th century and is the oldest surviving law system in Europe.
Originally these laws were handed down by word of mouth, passed from master to student, but from the seventh century onwards they were written. One of the most important written sources of the Brehon law is the manuscript Egerton 88, now in the British library copied in the 16th century, from older documents, at the law school of Cahermacnaghten on the Burren, where My Lady Judge is set.
My own fascination with the Brehon law started at an early age as it was a subject my father was fascinated by. He was one of the very first lawyers to practise in the newly established Irish courts around the time of the formation of the Irish Free State (1919 –1922) and was one of quite a few lawyers who felt that the beginning of a new state could be the beginning of a new legal system and that the humanity, transparency and ‘community-based’ aspects of Brehon Law would make it an ideal foundation for such a system. This was endorsed by Michael Collins who felt that capital punishment should definitely be abolished, as ‘there had been enough killing’. Sadly, quite soon after, Michael Collins, himself, was assassinated.
After having grown up with an interest in the subject, imagine how thrilled I was when having bought a small farm near the Burren, I came across the remains of a law school, Cahermacnaghten, which, in the middle of the sixteenth century, was a centre for the collection and copying of Brehon law.
Having this very real and physical site almost on my door step reawakened my interest in the subject of the Brehon law and in the people and culture of that period. I started to research further: using the internet and copies of translations of the ancient books of Ireland: Seanchus Mór, The Great Book of Duniry (Lebor Breac), The book of Leinster, Ancient Laws and Institutes of Ireland, John Donovan and Eugene Curry, published in the mid-nineteenth century.
I also read modern books, Daniel Binchy (who was a great friend of my father’s) who wrote numerous books and articles, culminating in Corpus Iuris Hibernicus; Fergus Kelly: Early Irish Law and I also researched the history of the early part of the sixteenth century in Ireland with particular reference to the Burren area, which then was governed by King Turlough Donn O’Brien, one of the last of the Irish ‘petty’ kings.
The more I found out, the more interested I became. There were so many aspects of the Brehon law, and of the period, that contemporary readers would be able to relate to today. And that’s when I began to write My Lady Judge.
EXAMPLES OF BREHON LAW
Law of Injury:
In the case of an injury, or even of murder, the Brehon, or judge, of the area would hear the case (always in the open air, so that the whole kingdom could come to listen, usually near some landmark like an ancient dolmen or a cairn or mound), then allocate a fine according to the extent of the injury and the status (honour price) of the victim. When the fine was too large for the individual to pay, then the family or even the whole clan had to find the cows or silver to pay it. This had the good effect that his relatives closely monitored the culprit’s behaviour from then on.
Fines included were:
• Murder: 21 milch cows, or 21 ounces of silver + the victim’s honour price (8 cows for a Brehon, 2-3 cows for a farmer)
• Fines for injuries are detailed and take in every part of the body, even distinguishing between injury to a front tooth and to a back tooth
• Fine for rape of a ‘girl in plaits’ was the same as for a murder
Law of Relationships:
Marriage contracts were an important part of Brehon law and women’s rights were safeguarded in a way that was unknown in medieval Europe. If the marriage broke down through the fault of the husband then divorce was granted and the ‘bride price’ retained by the woman. These were the grounds for divorce with retention of the ‘bride price’:
• If the man leaves her for another woman
• If the man is impotent or homosexual
• If he is so fat as to be incapable of intercourse
• If the man relates secrets of the marriage bed in the alehouse
Law of Trespass:
• If someone trespasses on your house without permission he must pay the fine of one cow.
• If a dog defecates on your land, the owner must remove the offence and compensate by giving an equivalent weight in curds or butter.
• If bees trespass, then compensation must be paid in the form of a jar of honey for a garden, and a hive for a whole farm.
NB: As there was no prison system under Brehon law, then the administration of justice was a matter of consensus among the people of the kingdom.
