Celtic Law : A Short Summary

THE LAW OF PERSONS

Basically, there exist three categories of persons in Irish Law. The first and most important one is the category of “nemed”, meaning more or less “noble, privileged” (literally “sacred”), consisting of the actual nobility and some of the craftsmen. The next one is the category of the freemen, consisting of the remaining craftsmen and the farmers, and finally there are the unfree. I will take a look at the laws in regard to all of those ranks in descending order.

PEOPLE OF NEMED RANK

To the rank of “nemed” belong, basically, five categories of persons, being: the king, the nobles, the hospitallers, the clerics and the poets. Aditionally some texts speak of “doer nemed” (“base nemed”) people which includes the physician, the judge, blacksmith, coppersmith, harpist, carpenter and other craftsmen as the lower part of the nemed rank, but it is clear that those ranks did not enjoy all the privileges of the above-mentioned five groups of persons.

Nemed rank confers some privileges: E.g., the property of a nemed cannot be distrained (legal term to be explained later) in the usual manner, instead it has first to be fasted against him. He is also immune from some legal obligations. However, also a nemed person doesn’t stand entirely above the law. As an example, an absconder from law (for instance somebody who didn’t pay the fines due to him as covered earlier) cannot find refuge with a nemed, however high the rank of this nemed might be.

KING (RÍ)

There are some differing categories of kings, which I will cover in the Social Structures treatment more detailed. Basically this differences depend on how many túatha are under the control of such a king, and the honour-price of a king can thereby vary between 7 and 14 cumals (legal term which will be explained later). There are certain legal requirements for a king, not fulfilling any of these can result in a reduction or even loss of his honour-price and, accordingly, his status. These requirements are:

KING’S JUSTICE (FÍR FLATHEMON)

This requirement covers pretty much of the better known requirements for a king which frequently appear in the epics. Into this category fall such restrictions as not working with mallet, spade or axe, always be accompanied by a proper retinue, not defaulting from one’s oath, being able to enforce one’s right, of course making correct judgments but also cowardice in battle (a wound in the neck when fleeing from a battle reduces his rank to that of commoner except when breaking through the enemies lines and being wounded in the neck then), physical disfigurement and breaking one’s geisi (geasa). The well-known expected result for a breach of the king’s justice is the rebellion of earth against the king: If he breaches it there will be infertility and bad natural conditions and political instability.

LEGISLATION

Legislation seems not to be part of a king’s rights according to Early Irish Law. However, a king can issue an ordinance (rechtgae) in times of emergency.

LAW-ENFORCEMENT

Obviously most law-enforcement was done through an elaborate system of suretyship, pleading and distraint (all explained later), so the king was not directly involved in the usual law-enforcement procedures. However, in case of emergency ordinances (rechtgae, see above) and in legal problems extending over the borders of one túath the king was required to enforce the law on behalf of his subjects.

JUDGMENT

Obviously a king was required at least to be present in more important law cases (along with the bishop and chief poet) and to approve judgments made in such cases, if not having to judge in such cases himself. It also seems that if a judge refuses to swear in support of his judgment, the case is referred to the king, so the king seems to function as the final institution in law cases that cannot be decided by lesser judges.

LAW-OBSERVANCE

Of course the king has to observe the law as any other member of the túath. However, if for any reason a legal claim arises against the king, the king may be represented by a “substitute churl” (aithech fortha), a man of low rank dependent on the king which can be legally distrained without affecting the honour of the king. If the king has no such substitute churl, the plaintiff can still distrain the king, but only through a very special procedure.

LORD (FLAITH)

Basically the rights of a lord are mainly to his clients, as they make up his status. A lord must have a certain number of clients to be a lord at all, the lowest level being the so-called aire déso (literally “lord of vassalry”) which has 5 free and 5 base clients (free and base clientship will be explained later).

However, a lord has to be fair against his clients, he loses his honour if not fulfilling his obligations towards his clients, and may also lose his honour-price for various offenses including refusal of hospitality, sheltering a fugitive from the law, tolerating satire, eating food known to be stolen, and betraying his honour.

Additionally there exist relatively detailed descriptions of what he has to own additionally to having the required number of clients, up to the size of his house and number of beds in it.

Additionally a lord can have dependents of unfree rank (in contrast to the clients which are freemen) This includes the fuidir (semi-free tenant, who cannot make a legal contract without permission of his lord and has to fulfill any task the lord chooses to assign him to (in difference to clients which have a fixed set of tasks to fulfill). The fuidir has to be maintained by the lord who also has to pay for any offenses, but may himself collect any penalties due to offenses against the fuidir. However, the fuidir may leave his lord’s property if he leaves behind no liabilities or debts and surrenders 2/3 of the produce of his husbandry to his former lord. Then there is the bithach (literally “cottier, one who lives in a hut”) which is usually equated with fuidir, the distinction between the ranks being unclear. Finally there is the senchléithe, which is a bothach or fuidir whose forebears have occupied the same land for at least three generations. Senchléithe literally means “ancient dwelling”. Such a person is not a slave, but is bound to the land and cannot renounce his tenancy. If the land changes owner, so does the senchléithe.

HOSPITALLER (BRIUGU)

All householders are to some extent under obligation to provide hospitality to any freeman in Irish Law. However, for a hospitaller this obligation is said to be limitless (KELLY 1988, 36). He has to provide hospitality to everyone, as often he may come, and not keep an account against anybody who comes. A hospitaller stays of this rank until he refuses hospitality. “The office of briugu seems to have been one by which a wealthy man of non-noble birth could acquire high rank.” (KELLY 1988, 36).

CLERICS

There’s nothing much to say about the Clerics apart from that they had to be a man of the Church and fulfill the expected duties. Else than that an additional fine is entailed by any serious offense against clerics or church property.

Where the church acted as a lord (i.e as a landowner or by having clients) all laws relating to lords and clients were to be obeyed by both parties as if the church were a lord.

POETS (FILI or ÉCES)

The only lay professional who had full nemed status were the poets, whose main function it obviously was to praise and satirize. According to the text Bretha Nemed a poet derives his status from three skills: “imbas forosna” (encompassing knowledge which illuminates), “teinm láeda” (breaking of marrow?) and “díchetal di chennaub” (chanting from heads?) (KELLY 1988, 44).

The main right of a poet was that for every poem commissioned by a patron he received a fee (dúas) depending on his rank and the nature of the composition. He is, however, expected to produce quality, if he doesn’t, he loses his nemed status. If the poet is not paid he has the right to satirize his patron.

Irish law recognises two kinds of poets, the fili and – inferior in status and accomplishment – the bard, who receives only half the honour price of a fili of the same rank.

WOMAN POET (BANFILI)

It seems to have been possible for women to become a full-fledged poet. It seems, however, that this was regarded as unusual, maybe only taking place when a poet had no sons and one of his daughters showed aptitude for his profession.