NEW YORK BOSTON |#Popular: Irish Celebrity Gossip Irish in US Politics Irish Festivals Irish Roots Irish Entertainment Offbeat Irish

Home Page > Roots > Ireland's Brehon laws were before their time

Ireland's Brehon laws were before their time

Ancient laws about sex, land, music and drink

CATHY HAYES,

IrishCentral.com Staff Writer

Published Monday, March 28, 2011, 7:29 AM

Updated Monday, March 28, 2011, 7:29 AM

Larger Text

E-mail

15 Comments

Painting of one of the Brehons recording ancient Irish law

Photo by www.skysearch.ir

Brehon Law is the body of ancient native law which was generally operational in Gaelic areas until the completion of the English conquest of Ireland in the early 17th century. They were first set down on parchment in the 7th century and were named after wanderings lawyers, the Brehons.

By the time of Elizabeth I, the Brehon laws were considered to be old, lewd, unreasonable laws. They were banned and English common law was introduced. However, thankfully, some of the Brehons thought to hide the precious manuscripts and a good number of them survived.

In 1852, two Irish scholars, Eugene O'Curry and John O'Donovan, took to translating the laws. In the words of another Irish scholar, what they found were "secrets" about Ireland's past.

The laws were "details." Binchy said: "details that describe ancient life in the days when the Irish still lived in mud huts and small ringed settlements and paid their bills in cows and bacon."

Here are just a couple of Ireland's stranger ancient laws:

Musicians / Artists

· The harpist is the only musician who is of noble standing. Flute players, trumpeters and timpanists as well as jugglers, conjurers and equestrians who stand on the back of horses at fairs, have no status of their own in the community, only that of the noble chieftain to whom they are attached.

· The poet who overcharges for a poem shall be stripped of half his rank in society.

Property / Land

· The creditor who holds your brooch, your necklet of your earrings as a pledge against your loan must return them so you may wear them at the great assembly. Or he will be fined for your humiliation.

· For the best arable land the price is 24 cows. The price for dry, coarse land is 12 dry cows.

Relationships

· February first is the day on which husband and wife may decide to walk away from the marriage.

· If a man takes a woman off on a horse, into the woods or onto a sea-going ship, and if members of the woman's tribe are present, they must object within 24 hours or they may not demand payment of the fine.

· The husband-to-be shall pay a bride price of land, cattle, horses, gold or silver to the father of bridge. Husband and wife retain individual rights to all land, flocks and household goods each brings to the marriage.

· A husband who through listlessness does not go to his wife in her bed must pay a fine.

1 2 Next page >

Nster.com

E-mail

15 Comments

See all comments

ancavker | Mar 30, 2011, 12:48 PM EDT

George: Agreed. Silly in this day running around in wigs. But that is what the English do, so it must be better; it simply has to be better.

Report abuse

GeorgeDillon | Mar 29, 2011, 03:25 PM EDT

The "Irish" legal system is entirely based on British law and case precedent. If an Irish attorney cited something from the Brehon Laws he'd be laughed out of court. If, on the other hand, he cited some precedent from the Assizes or Magistrate at Scunthorpe or wherever in England, the Irish legal fools would nod gravely in admiration. Remember that the overpaid clowns who masquerade as judges and attorneys over there still insist on wearing wigs, and even claim an allowance for cleaning the wigs and making sure they don't have head lice. A proper Irish government has never existed, but if such a thing did come into being it would kick the lazy asses of these fools into the nearest bathroom so that they could be given a good bath and get the filth of centuries out of their clothes and hair.

Report abuse

ancavker | Mar 29, 2011, 12:05 PM EDT

Collins and others in the independence movement wanted to incorporate aspects of Brehon laws as well as the best that American and Switzerland among others had to offer, in establishing a new system to govern Ireland. he did not want just to replace English men with Irish men in the same old system. Sadly that is what happened after Cosgrave and O Higgins took over. As they saying goes the only thing that changed was they painted the mail boxes green. Sad to say, but independence was wasted on the Irish.

Report abuse

OBPiper | Mar 29, 2011, 12:41 AM EDT

I am a lawyer of Celtic descent. The English and Norman lawyers would have done well to take note of Brehon law. Brehon marital property law was much like community property law of the Spaniards, Mexicans, and Southwest U.S.A. Slainte!

Report abuse

sirpeter | Mar 29, 2011, 12:07 AM EDT

Brehon law was about justice and equality.Husband and wife retain individual rights to all land, flocks and household goods each brings to the marriage. That sums up how women were treated with respect.Or she could walk away with her wealth by February.A husband who through listlessness does not go to his wife in her bed must pay a fine. Compare Brehon law to English law where the woman gave up all rights and became a mans property almost,right up to the middle of the 20th century. The English were savages,even in the way power was inherited by the eldest son even if he was a gobshite.Brehon law allowed a father to pick the most capable son with the judgement of those around him. The Brehon laws were not away ahead of it's time.Because time has nothing got to do with fairness and equality. It is obvious men and women made the Brehon laws together. English law even to this day is unfair to women..Everybody knows women are payed less for doing the same job..That's English man made law. Less then 100 years ago a women could be put out on the street with nothing by her husband..English law supported this as just.English Royalty are one of the main instigators of English law.Inequality is Lizzy the Huns middle name.It's there whole existence and they demand it. Yet the ordinary women will support Royalty and Church both of whom have actively kept women down. Strange isn't it.

Report abuse

Suivness10 | Mar 28, 2011, 02:00 PM EDT

These laws should be valid now.

Report abuse

mamaginnty | Mar 28, 2011, 01:58 PM EDT

Way ahead of its time, till the English put their foot in it again.

Report abuse

jcaulfield | Mar 28, 2011, 01:33 PM EDT

The Brehon precept 'A man is better than his birth' is far reaching in that every person is obligled to improve oneself and the environment and will be personally recognised for doing so. Is it possible that this precept influenced Jefferson's 'All men are created equal', the 'American Dream'? This Brehon precept is the opposite to the English saying, 'You can't make a silk purse out of a pigs ear'.

Report abuse

sallyorob | Mar 28, 2011, 01:22 PM EDT

Anyone who, as Canadian Pat seems to, prefers the English and church legal codes (Roman Catholic)to the Brehon laws really has a problem with equality and care for all humanity. If this article had done a thorough job of bringing up the important Brehon law codes including the fair treatment of children, women, and elders instead of pointing out the "cute" stuff, maybe folks would understand that the Brehon law codes were the last humane law codes until well into the late 20th century.

Report abuse

LouGuyt | Mar 28, 2011, 12:53 PM EDT

I believe the first Brehon laws were written much earlier. St. Patrick was one of the committee which decided on the laws. The leading lawmakers of the country met every 3 years after that to edit them. Those laws were about justice, not vengeance!

Report abuse

CanadianPat | Mar 28, 2011, 11:21 AM EDT

Brehon law had it's good points and was in some ways advanced for its time, however anyone with reason would not like to go back to that so-called golden age ,or talk about it in such idealic,romantic manner.

Report abuse

SeamusMor | Mar 28, 2011, 11:11 AM EDT

These old laws seem more in tune with human nature. Before the priests banned divorce the Brehons recognized about three dozen legal causes for bringing about a divorce action. Although the Brehon laws discuss elder care as a family obligation, they enshrine ancient Irish cultural values that should also be as important to 21st century society as it was in the old days. No old person should be left alone and all deserve to live with dignity.

Report abuse

Portia777 | Mar 28, 2011, 09:41 AM EDT

colkelley. i totally agree. Patriarch Patrick and his Roman cult destroyed our true ways in an effort to gain total control. Vatican pope even gave us AS SLAVES and our sovereign land to the British king in order to keep control over us, such was his fear of the advanced Ayrish.

Report abuse

Portia777 | Mar 28, 2011, 09:38 AM EDT

If the doctor heals your wound but it breaks out a new because of his carelessness, neglect or gross want of skill he must return the fee you paid. He must also pay you damages as if he himself had wounded you" Love it.

Report abuse

colkelley | Mar 28, 2011, 09:07 AM EDT

Under Brehon Law and particularly in pre-Christian Ireland, women had more rights, higher status, and a greater legal standing than they ever have since Patrick turned the Irish away from their true ways.

Report abuse