FREE ESSAY ON BREHON LAWS

BREHON LAWS

Passed down for centuries, the Brehon Laws have made it to the present day. Although no
longer in practice, the Brehon Laws give us a glimpse of what things were like in Ireland
centuries and centuries ago. The actual technical term for the law tracts is Fenechas,
which basically means the law of the Freemen. These laws are probably the oldest European
laws that we know of. They were originally composed in poetic verse and were memorized by
the Filid. Years later they were written down and preserved in several books of law, such
as the Senchus Mor, the Book of Acaill, and the Uraiccecht Becc. The Brehon Laws are
believed to have existed as early as the common Celtic Period (c. 1000 BCE). According
Alix Morgan MacAnTsaoir, author of Introduction to the Brehon Law, "The Brehon Law was
ordered codified in 438CE by Laighaire, High King of Ireland. This work was done by three
kings, three Brehons and three Christian missionaries, and is contained in the Senchus
Mor. The texts originate in the 7th and 8th centuries CE and are found in manuscripts
written in the 14th-16th centuries. Ireland is well known for their legends and myths and
their laws seem to have mingled within them as well. Legends have become intermingled
with almost every aspect of Irish living. Perhaps that is why they are called a
"superstitious lot". It stands to reason then that because of Christianity coming into
practice, there are many inconsistencies and later additions that make room for new
ideas. In spite of all these discrepancies, the collection of laws that have come to our
eyes are astonishing.
Finding information on the history of English Laws was not so simple. England's country
stayed in uproar for much of its beginning years and was held by many different
conquerors. Some of the earliest people were the Celtic people. It is not really fair to
clump them all together but too difficult to separate all of them in this paper. So, due
to the amount of space I am limited to and for better understanding, I will simply refer
to the early settlers of England and Ireland as Celts. Unfortunately not a great deal is
known about the Celts and their history. We do know, however, that they were a warrior
society and their wealth was measured in land and livestock. 
The Romans, better known as Julius Caesar, saw the southern Celts as a threat. He invaded
twice but neither really represented a conquer. Britain was virtually left alone by the
Romans from 54BC through 43CE because the Romans had far more to deal with than the
Celts. There were major uprisings and Civil Wars to deal with that took up most of the
Romans time and left little time to invade the Celts. The Romans eventually did take
England though but they never made it to Ireland. Changing rulers, or conquerors, makes
it difficult to lay down some existing rule. The victors had their own set of rules and
the English were left always trying to figure out what their rules were since they were
taking some of the traditions from many different conquerors. It was not until the High
Middle Ages that any real solid laws or traditions were set. Feudalism was the beginning
of a way of life for the English.
Feudalism grew out of conditions that went with the collapse of the Roman Empire. There
was an urban decline and reduction of trade to luxuries. Small farmers could not sustain
themselves with their own production. The system of feudalism brought about a revival of
the urban life. It is through this new system that many traditions and hence, laws were
made. The aristocracy became very important as did the social status of a person. Class
consciousness became most apparent during this age and the idealization of women came
into play. Before feudalism there was much chaos and problems were solved in a barbaric
manner. Although punishment or acquittal was not exactly pleasant during the feudal days,
it was a step up. It was a step towards the tranquil, peaceful and subdued way of life
that the English are known for. 
Ireland's Brehon Laws are unique in that they are some of the most liberal laws I have
ever seen for that time period. The laws texts were usually generalized into family
obligations rather than in individual obligations so that contracts made were between
families. The society depended on the family or tribe rather than the individual. It was
a must for an individual to be a part of their tribe. The laws set down class distinction
and made it quite clear that there were no rights to those that had been exiled from
their family or tribe. Although there are class distinctions, the laws are fair and
humane. The Brehon Laws clearly state the rights of innocent dependents of guilty
parties. There are even such guarantees as barring a witness during presentation that
will gain from the
out come. Provisions for protection of the weak members of the community are included 
as well as protection for clients from violent or dishonest lords. People that are
criminals, non observers of the law, etc…are not given the nice treatment as
others. In other words, if you are innocent then you are well provided for but if you are
guilty or otherwise not part of the community then you have no rights and will not be
treated in an easy fashion.
The English were not quite as forgiving in their codes as were the Irish, however. The
Roman Law which was in effect for some time during the Roman period was by far more
severe than the Brehon Laws. The book, An Illustrated History of Ireland From AD 400 to
1800 makes a statement comparing the Roman law to the Brehon law, saying that, "the cruel
severity of the law for insolvent debtors, forms a marked contrast to the milder and more
equitable arrangements of the Brehon code." The Roman Law rested on the Twelve Decemviral
Tables, and therefore on a basis of written law. The Twelve Tables were not the first set
of laws but they are some of the earliest recorded. I'm using the Roman Law because that
was the main influence on laws during the times of the Brehon Laws. We know much of our
information, if it can be called such, not by historical writings but by literature such
as the Greek Homeric poems. An essay by Henry Maine on Ancient Laws states, "When a king
decided a dispute by a sentence, the judgment was assumed to be the result of direct
inspiration." Customary Law, or an era of codes, was the period of ancient laws such as
the Twelve Tables. The aristocracy during the time of Customary Law found it very easy to
monopolize their legal 
knowledge. It is easy to imagine then that the lower classes were not given as many
rights as those of the aristocracy. That would not be common of any law during that time.

One thing that I found to be exceptionally interesting when studying the Brehon Laws was
who enforced the Brehon Laws. The job was done by a specialized group of well trained
Druids, a religious group of Celts, called the Brithem or Brehon. The training of the
Brehons was a long and tiring process and the memorization of long tracts of law was
essential. Learning the intricacies of such complex law tracts was mandatory. Alix Morgan
MacAnTsaoir says, "Brehons were reciters of the law and Brehons were held personally
responsible for damages if they gave false interpretation or recited the law incorrectly.
Only after the law was recited by the Brehon could the King or Queen make the judgment.
Then as now Truth and Justice were the code of the Celtic people." The difference I found
in this to the English laws was that there was that the King or Queen was the one to make
the decision and they did not have to wait for somebody to recite them the law. It seemed
to me that the Irish had a very formal and good system. 
The issues of personal matters were handled very differently by the Irish and the
English. The Brehon Laws gave many more rights to women than most any other law written
in that time age. During a time of suppression to women, Ireland gave women rights to do
things unimaginable for other countries. Richard O'Connor's book, The Irish, defines the
rights of women as such: 
"Foreign invaders may have slaughtered the menfolk and placed the 
survivors in captivity, but they also ended what must have been one 
of the historic heydays of feminine independence. Under the Brehon 
laws of the eighth and ninth centuries, the Irish female possessed rights
which even a modern feminist might hesitate to demand. The Brehon 
laws provided that a woman could get a divorce if she considered her
husband sexually unsatisfactory, if he did not promptly make her
pregnant, if he embarrassed her in front of visitors, if he struck or abused
her physically or verbally, or if he was unfaithful."
All of which could hardly be demanded in England. In fact, in England it was not even
socially acceptable to get a divorce and definitely not tolerated for the woman to demand
the divorce. Women were looked on upon as chattel to the English. They were the father's
property while young and the husband's property as an adult. She was expected to provide
an heir for the husband and to raise the children but otherwise have nothing to do with
her husband's affairs at all. 
The loss of Brehon laws was a terrible thing in certain ways such as providing women's
rights. I think that with that as an example, there may have been headway in the women's
rights. However, the class distinctions are discarded with them and that is a good
change. The loss of the Feudal society and laws is also a good thing in my opinion, 
since it was also based on class distinction. The similarities between the two sets of
laws are almost hard to find since England was changing hands so often in the beginning
but once you start to dig then you do find some similarities. I found many more
difference however, and obviously that is what I decided to emphasize in this paper. The
Brehon Laws basically were more humane and liberal. The different societies that they
were formed in though, account for the differences. The Romans had a great affect on the
Laws, even if they had little effect on anything else. The fact that they were both
preserved says something for both of the laws and that is that they are worth reading and
learning from. We can learn from the mistakes made in each set of laws but also in the
good things about each.