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.

The Law of Frisians

Nowadays, Frisian or Friesian conjures images of horses. The Friesian is one of the oldest horse breeds, popular as a war horse in the 16th and 17th centuries. Their origin is Frisia in the northern Netherlands and northwestern Germany.

When Frisians joined Widukind in rebellion during the reign of Charlemagne, they guaranteed life would change: Charlemagne prevailed, and forced the Frisians to accept Christianity and a set of laws he imposed upon them. This was the Lex Frisionum, the "Law of he Frisians."

The Lex was based on existing Frisian law. There were four legal classes—nobles, freemen, serfs, and slaves—and fines were applied differently to the different classes. (Clergy were not subject to civil law.) Twenty-two chapters of the Lex were all about fines, including wergild, the payment to relatives of a killed person. As with the Anglo-Saxons (and unlike many other cultures), the wergild was equal whether a man or woman.

The Lex includes two references to trial by ordeal, mentioned here and elsewhere. The Frisian method was to hold a stone that has been pulled from boiling water. Blisters were expected, but if they healed within three days, the holder was deemed innocent. A noble could mark himself innocent by Canonical Purgation, described in the post on Oath of Purgation.

The problem with the Lex Frisionum is that we don't have any original documents. What we know about it comes from a 1557 version, compiled with other Germanic law documents from the monastery at Fulda. We don't know how faithful that copy was to the original; some scholars point out that Charlemagne would not have allowed pagan elements to remain. Like so much of history, we only know what we have, and so much is speculation.

Monastic libraries like that at Fulda provide much of what we know, and since Fulda has been mentioned several times recently, I think I should delve into its significance.

Until next time...

The Price of a Man

Murder has long been considered the worst crime in many societies. Unlike theft, or vandalism, it cannot be paid back. The only "proportional response" for avenging the death of a friend or loved one was to use the Old Testament values of "an eye for an eye" and slay the slayer. This, unfortunately, could lead to a Hatfields and McCoys situation, with death after death on both sides, an escalating cycle of inter-family murders.

But does it have to?

In the early Middle Ages, Anglo-Saxon and Germanic societies found a way to establish, as a community, a way to settle the matter of a death in a legal and tidy system: wergild (Old English wer = "man"* + gild = "tribute/gold").

The practice was first established by Æthelbert of Kent (c.560-616). The Anglo-Saxon Chronicle tells us that Æthelbert held sway over the other Anglo-Saxon kingdoms in Britain. He was the first English ruler to convert to Christianity, and perhaps wergild was his attempt to cool the hot blood of the Anglo-Saxon culture. Within a couple centuries, wergild was being used for theft, rape, breach of peace and many other crimes and misdemeanors. Wergild allowed a community to move on after monetary retribution.

How much retribution? It was different for different areas and times. In Kent in the 8th century, a cow was worth a shilling; a freeman was worth 100 shillings, and a nobleman 300. Elsewhere, a sheep might be worth a shilling, and a nobleman worth 1200 sheep. Only slaves were worth too little to account for.

Exchanging money for people had uses beyond crime. In the later Middle Ages, ransoms for captured prisoners were a regular occurrence, and money was more valuable than eliminating an enemy in a military engagement that was far removed from the emotional setting that might have led to homicide in a different time and place. The 20th century hasn't forgotten about wergild, even if we do not use it widely. You may recall the revelation that the U.S. was using financial compensation for deaths and injuries to civilians in Afghanistan. Wergild also appears in The Lord of the Rings, when Isildur refuses to throw the One Ring into Mount Doom when he had the chance, instead claiming it "as wergild for my father and brother." In his case, however, wergild created a larger problem than it solved.

*Think "werewolf"="man+wolf."