Celtic Law : A Short Summary
Filed by Aine MacDermot
THE MAKEUP OF THE COURT
It is possible to reconstruct the makeup of a court (probably only one for more imporatant cases, in less important ones the dignitaries being mentioned in the following would probably be replaced by lesser ranking dignitaries) from the law texts.
In the center of the court are the judges, in “the court itself (airecht fodesin). At the back of the court (cúl-airecht) sit the king, the bishop and the chief poet (although these probably could also be replaced by lord, priest and lord’s poet, and some of them probably could be missing as well). To the one side of the court, in the “sidecourt” (táeb-airecht) sit the historians, overkings, hostages and ráth- and aitire-sureties. Opposite to this is the socalled “court apart” (airecht fo leith), where naidm- and rath-sureties, witnesses and sureties to contracts (maic cor mbél) sit. In front of the court (opposite to the back-court) is the waiting court, where the plaintiff and the defendant (together referred as féchemain) and their respective advocates sit.
OATHS
One of the most important elements of actual court procedure was the swearing of oaths, it was more or less the way how cases were decided.
Overswearing (fortach)
If a case is not clear, and both sides swear to a fact or bring witnesses that swear, the oath of the person of higher rank automatically overrides the oath of one of lesser rank.
Denial by oath (díthech, díthach)
By swearing an oath one can “swear away” accusations raised against him.
Oaths on behalf of others (airthech)
Oaths can also be sworn on behalf of other persons, functioning as a complete substitute. So did for instance some saints swear on behalf of their whole people.
Compurgatory oath (imthach)
This practice is one of the most important practices in Celtic law, as it allows each party in a law case to back up the value of one’s oath with the oaths of other persons to overswear the other party. Each additional person swearing on behalf of one of the parties can add a value up to the worth of his honour-price to the value of the original oath. The party who finally has the higher total honour-price overswears the other one. Such compurgatory oaths only back up the swearing of the principal swearer, in contrast to the airthech which is a complete substitute.
Repudiation (fretech)
If a husband wants to repudiate his wife (or vice-versa), or a kin-group any of his members, but also by a debtor who has fulfilled his debt and renounces any further claim by his creditor uses this kind of oath.
False oath (éthech)
A person who swears a false oath is not entitled to give testimony about anyone (KELLY 1988, 201).
Female oath (bannoíll)
Usually, a woman’s oath is invalid. However, in some special cases a woman’s oath is valid, and in some cases even cannot be countersworn (as in the case of a woman in danger of death at childbirth naming the father of the child).
WITNESS (FÍADU)
A witness normally has to support his evidence by oath. He normally can only give evidence to something he has seen or heard. Evidence by a single witness is usually also considered invalid, at least two witnesses are needed in a law case. There are some exceptions to this rule, as that one trustworthy witness is preferred against two untrustworthy. Any freeman can usually give evidence of up to his honour-price.
Written evidence
Although probably rare prior to Christianity, written evidence is considered an “immoveable rock” which overswears any number of witnesses.
Indirect evidence
Although usually only direct evidence is useable in court, sometimes also indirect evidence may be used. Most of this consists of incriminating behaviour on the part of the one suspected of an offense. This includes elements like the breaking of an alibi he has given or showing obvious signs of nervousness if confronted with the case. However, indirect evidence is not of itself conclusive, there have to be other things as well (such as a known criminal history) to give them enough weight to be considered enough to be used to judge against the suspected person.
Inadmissible evidence
Some categories of persons cannot give evidence, whatever they may have seen. This includes a wide variety of persons, starting with slaves over prostitutes and robbers up to senile persons. Other witnesses are only excluded for certain cases, like the man who is courting cannot give evidence in a case involving the family of the woman he loves and similar. Also, a man cannot give evidence if it would bring advantage to himself. As well is hearsay evidence excluded.
Female evidence
Once again, females are usually banned from giving evidence in law cases, but there are exceptions to the rule. As such, females may give evidence in case of female entry, or in case of a female witness who accompanies a woman on sick-maintenance, or in case of sexual problems in a marriage, where the woman is examined by a female witness.
False witnesses
A person who gives false witness (gú fíadnaise) or false testimony (gúthestas) loses his honour-price.
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