


Passed on
orally from at least the 1st century BC the Brehon Laws, named for Ireland's wandering
jurists, were first set down on parchment in the 7th century AD, using the
newly-developed, written Irish language, and continued in use until the beginning of the
17th century.
Although the
Irish had been living by laws since before the time of Julius Caesar, by the time of
Elizabeth I the Brehons, along with the Irish poets, were considered a danger to the
realm, and the old laws were considered 'lewd', 'unreasonable', and 'barbarous'. And
so the Brehons, the poets and the ancient laws were banned and English common law was
used. It was the end of the Gaelic order.
Some of the
Brehons buried their precious manuscripts, or hid them. Some became torn or damp,
were burned or allowed to rot. Fortunately, some of the manuscripts fell into the
hands of collectors and are now safe in the libraries of Trinity College and the Royal
Irish Academy in Dublin.
The Brehon Laws
are probably the most important documents of their kind in the whole tradition of western
Europe. The value lies not only in their great antiquity or in the vivid pictures of
every day life they show us, but in the fact that the Irish Celts, unlike those of France
and Britain, were never conquered by Rome. Instead, Ireland grew up in what some
like to call 'splendid isolation' across the Irish sea.

Every third year roads must be cleared of brambles, weeds and water to
prepare for the great assembly.
February first is the day on
which husband or wife may decide to walk away from the marriage.
When you become old your family must provide
you with one oatcake a day, plus a container of sour mild. They must bathe you every
twentieth night and wash your head every Saturday. Seventeen sticks of firewood is
the allotment for keeping you warm.
Five-fold are crimes: the crime of the
hand, by wounding or stealing; the crime of the foot, by kicking or moving to do evil
deeds; the crime of the tongue, by satire, slander or false witness; the crime of the
mouth, be eating stolen things; the crime of the eye, by watching while an evil deel is
taking place.
The creditor who holds your brooch,
your necklet or your earrings as apledge against your loan must return them so you may
wear them at the great assembly or he will be fined for your humiliation.
If a dog commits a nuisance on a
neighbour's land the dog's ordure must be removed as far as its juice is found. The
ground must be pressed and stamped upon by the heel, and fine clay put there to cover it.
Compensation shall be paid in butter, dough or curds amounting to three times the
size of the ordure.
Speech is given to three: to the
historian-poet for the narration and relating of tales, to the poet-seer for praise and
satire, and to the Brehon for giving judgement.
The time allotted to each Brehon for pleading
his case is long or short according to his dignity. In determining the length of the
speech he is allowed, count eighteen breathings to the minute.
When a judge deviates from the truth a blotch
will appear on his cheek.
For the best arable land the price is
twenty-four cows. The price for dry, coarse land is twelve dry cows.
For stripping the bark of an oak tree, enough
to tan the leather for a pair of woman's shoes, the fine is one cow-hide. The
defendant must cover the bruised portion with a mixture of wet clay, new milk and
cow-dung.
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 twenty-four 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 the bride. Husband and wife
retain individual rights to all the land, flocks and household goods each brings to the
marriage.
The husband who, through listlessness, does
not go to his wife in her bed must pay a fine.
If a pregnant woman craves a morsel of food
and her husband withholds it through stinginess or neglect, he must pay a fine.
If a woman makes an assignation with a man to
come to her in a bed or behind a bush, the man is not considered guilty even if she
screams. If she has not agreed to a meeting, however, he is guilty as soon as she
screams.
If the chief wife scratches the concubine but
it is out of rightful jealousy that she does it, she is exempt from liability for injury.
The same does not hold true for injuries by the concubine.
Six cows are the fine for breaking a
tribesman's two front teeth; twelve heifers, for maiming a homelesss man. For
pulling off the hairs of a virgin bishop the fine is one yearling heifer for every twenty
hairs.
The doctor shall build his house over a
running stream. His house must not be slovenly or smeared with the tracks of snails.
It must have four doors that open out so the patients may be seen from every side
at all times.
Whoever comes to your door, you must feed him
or care for him, with no questions asked.
It is illegal to give someone food in which
has been found a dead mouse or weasel.
A layman may drink six pints of ale with his
dinner, but a mok may drink only three pints. This is so he will not be intoxicated
when prayer-time arrives.
The feller of trees must warn all
within shouting distance before he akes the first blow. All beasts, blind persons
and people dozing must be removed from the area.
If the head of the blacksmith's hammer flies
off the handle and injures a customer, neither the smith nor the striker of the hammer is
liable - unless they knew the head was loose.
The fine for killing a bond-person held as
security for a loan (or for killing a slave) is twenty-one cow; for killing a free farmer
of Erin the fine if forth-two cows. For killing a noble the fine for homicide is
paid, plus an additional amount determined by his rank in society. Fines are doubled
for malice aforethought.
For stealing your pigs or your sheep, for
stripping our herb garden, for wearing down your hatchet or wood-axe, you may take your
neighbour's milk cows to the public animal pound for three days. If he does not want
his cows taken to the pound for his crimes or his bad debts, he may give his son as
security instead.
Notice of the hound in heat and the mad dog
must be sent to the four nearest neighbourhoods.
The lender of a horse must give notice of the
horse's kicking habits.
If a youth incites a pig by shouting at it
for sport, and the pig charges at idlers in the farmyard, the pig is exempt from liability
for injuries.
If a rational adult brings a simpleton into
an ale-house just to amuse the patrons, and if the noise and excitement cause the
simpleton to injure another patron, the adult who brought him thre must make compensation.



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