The Law of Innocents

Besides Brehon Laws, Ireland had Cáin laws (Cáin="law"; redundant, I know) that were made with the help of church figures. Adomnán of Iona (c.625 - 704) is responsible for a set of rules that has been called the first human rights treaty. The Cáin Adomnáin, the "Law of Adomnán," is also called the "Law of Innocents" because it was designed to protect women, children, and noncombatants during times of warfare.

It was produced in 697 from the Synod of Birr, a gathering of clerics and secular figures, Irish, Pictish, and Dal Riatan. It was likely called by Adomnán himself, based on his authority as the abbot of Iona.

Although designed to protect the innocent, it was unforgiving of the guilty. Section 33 of one of the two remaining manuscripts (both of a later date than the 7th century) is particularly harsh, and relates how an angel demanded rules to protect women:

Go forth into Ireland, and make a law in it that women be not in any manner killed by men, through slaughter or any other death, either by poison, or in water, or in fire, or by any other beast, or in a pit, or by dogs, but that they shall die in their lawful bed... 

For whoever slays a woman shall be condemned to a twofold punishment, that is, his right hand and his left foot shall be cut off before death, and then he shall die, and his kindred shall pay seven full cumals*, and one-seventh part of the penance. If, instead of life and amputation, a fine has been imposed, the penance is fourteen years, and fourteen cumals shall be paid. But if a host has done it, every fifth man up to three hundred shall be condemned to that punishment; if few, they shall be divided into three parts. The first part of them shall be put to death by lot, hand and foot having been first cut off; the second part shall pay fourteen full cumals; the third shall be cast into exile beyond the sea, under the rule of a hard regimen;

Women were not assumed to be angels, either. A woman who murdered, stole from a church, or tried arson, would be condemned to be pushed from shore in a boat with one oar and some gruel. This was considered a way to avoid killing a woman, and left her fate up to God (shades of Antigone!).

Section 50 deals with non-death offenses:

If it be rape of a maiden, seven half-cumals (is the fine) for it. If a hand (is put) upon her or in her girdle, ten ounces** for it. If a hand (is put) under her dress to defile her, three ounces and seven cumals for it. If there be a blemish on her head or her eyes or in the face or in the ear or nose or tooth or tongue or foot or hand, seven cumals are (to be paid) for it. If it be a blemish on any other part of her body, seven half-cumals are (to be paid) for it. If it be tearing of her dress, seven ounces and one cumal for it.

The Synod of Birr brought together different ethnic groups that we therefore assume were Christian. One group mentioned was the Picts, a name with which everyone may be familiar, but who were they? What was their relation Scottish and British and Irish people? Are they still around, and did they leave us any lasting monuments? Let's try to figure out what we really know about the Picts, and why were they called that? See you tomorrow.

*A cumal represented the value of three milch cows.
**The "ounces" are of silver.

Early Irish Law

Early Irish law was called Brehon Law, a system of civil (not criminal) rules, some of which survived until the 17th century when they were replaced with British laws.

It was called Brehon Law because it was administered by Brehons (from Old Irish breithem ("judge"), successors to Celtic Druids who acted as arbitrators in disputes, and questions of compensation and conduct.

Brehon Law recognized equality between sexes and concern for the environment. It was progressive in that it promoted restitution rather than punishment after wrongdoing. Even homicide and bodily harm were recompensed according to an established scale of value, similar to the Anglo-Saxon wergild. Payments were made to the family, not to a civil court. Capital punishment was not part of Brehon Law, unlike many other legal systems before and since, and revenge and retaliation were strongly discouraged.

The clan was the most important social unit, and the property inhabited by that clan was treated as communal when it came to resources such as bee hives, fruit trees, and water mills. The seventh-century Coibnes wisci thairidne ("The Kinship of Conducted Water") discusses the importance of water and why it belongs to all.* Land itself was rarely sold; the highest-ranking lord "rented out" not the land but the right to graze cattle on it.

The manuscripts in the Library of Trinity College, Dublin (sample shown above) offer an extensive look at this early legal system. This particular illustration is part of a discussion of Bechbretha ("bee judgments"). Honeybees were an important part of the economy: people needed honey, and monasteries needed large amounts of beeswax. Bees were protected; bee possession was sacrosanct; but if you came across a swarm of bees (a mass clinging together on a branch, waiting for the secret apian signal to fly and find a new home), you could claim it for your own and remove it for your use.

The Anglo-Norman Invasion in the 1170s started to replace Brehon Law with English Law, but Brehon Law saw a revival in the 1300s as intermarriage between the Anglo-Norman lords and Irish led to Irish-oriented noble families.

Women in marriage had more agency than in Roman Catholic countries at the time, and I'll go into marriage and divorce tomorrow.

*Even in the 20th century, James Joyce has Leopold Bloom ask "How can you own water really?" in Ulysses.

Diarmait Mac Murchada

So the inevitable invasion of Ireland by the Anglo-Norman forces of King Henry II of England was initiated by an invitation from Diarmait Mac Murchada (anglicized as Dermot MacMurrough), the one-time King of Leinster. The illustration of him here is from a copy of Gerald of Wales' Expugnatio Hibernica ("Conquest of Ireland").

Diarmait (c.1110 - May 1171) had an illustrious background. His father, Donnchadh, was King of Leinster. His great-grandmother was descended from Brian Boru. His father died while attacking the King of Dublin in 1115; succession passed to Diarmait's older brother, Enna. When the brother died in 1126, the 16-year-old Diarmait became king.

This was not welcomed by the then-High King of Ireland, Toirdelbach Ua Conchobair (Turlough O'Conor), who saw Diarmait as a potential rival. Turlough sent an ally, Tigernán Ua Ruairc (Tiernan O'Rourke), King of Meath, to harry Leinster and oust Diarmait. Tiernan started slaughtering Leinster livestock to starve the inhabitants. Diarmait was ousted, but Leinster clans brought him back in 1132, where he remained for almost 40 years.

Between 1140 and 1170, Diarmait built Abbeys at Fern and Baltinglass, Killeshin Church, and St. Saviour's Priory. He sponsored numerous convents. He also had two wives—not in succession but concurrently, as allowed in early Irish/Brehon law. (This was another reason why the Roman Church wanted stronger influence in Ireland.) His first wife was the mother of a son who later succeeded Diarmait. His second wife was the mother of a daughter, Aoife.

There was a rumor that Diarmait kidnapped Tiernan's wife, aided by Tiernan's brother who wanted Tiernan out of the way and his kingship of Meath up for grabs. Tiernan must have had issues getting along with others, since the High King actually used Diarmait's help much later to raid Tiernan's lands because Tiernan had become problematic.

In 1166, a different High King was defeated by Ruaidrí Ua Conchobair (Rory O'Conor), who deposed Diarmait by sending Tiernan (again!) to Leinster. Diarmait fled to Wales and sought support from King Henry. Henry did not wish to get directly involved, but gave permission for Diarmait to seek help from the nobility. One who agreed to help was the 2nd Earl of Pembroke, Richard de Clare, to whom Diarmait promised his daughter Aoife (Eva of Leinster) in marriage (and the kingship of Leinster after Diarmait's death).

So began the Norman invasion of Ireland. The military aid was so useful that Diarmait used it to expand his territory to Thomond. Initially it was a Cambro-Norman invasion because it was begun by Welsh lords, but it was soon followed by the Anglo-Norman invasion when Henry's own forces arrived to subdue the island and make sure the Norman lords knew to whom they owed allegiance.

One of the "beneficiaries" of the invasion was the Roman Church, allowing it to bring the Irish Church into conformity. One of the facets of Irish culture that the Church wanted to "fix" was the law that allowed Diarmait to have two wives. This Brehon Law is worth exploring further, and we will do just that next time.