Celtic Law : A Short Summary

PERSONS OF DOER NEMED OR NON-NEMED STATUS

Into this category fall all the freemen and all craftsmen which are not specifically noted under nemed rank, as well as lawyers, physicians and druids. Basically, all those persons have independent legal ability, they can make contracts, give pledges or function as sureties for matters that are not above their honour-price. Some of these can also come together to make legal dealings up to the sum of their honour-prices (usually in case of swearing in court together, called compurgation). Additionally, those of doer nemed rank usually have some legal abilities or privileges according to their profession.

CRAFTSMEN

The craftsmen, and here I include also the lawyers, physicians and druids, have some additional legal privileges coming from their profession. These mainly fix the sums due to them if they carry out their job (as the 1/12 of the legal claim that goes to the lawyer or the feeding due to a physician that cares for a wounded or sick person), and adversely set the rules for what they have to pay as a penalty if they commit any error in making their job (as the judge pronouncing a false judgment).

SERVANTS

Servants in the household of a king or lord are treated separately here because they have an independent legal capacity of some kind (although the full extent as to how much independent legal capacity they had is not exactly known), but their honour-price (and thereby the fines and penalties for offenses against them) are fractions (usually one-half) of the honour-price of their lord.

LEGALLY INCOMPETENT PERSONS

Finally we have the group of legally incompetent persons (also called “senseless”, ir. báeth or éconn). These persons have no independent legal capacity and therefore cannot make a contract without authorisation of their legal guardian, they cannot carry out distraint, act as witnesses or sureties, or give pledges. However, some of them have some limited legal capacity of their own, especially the woman and the son of a living father.

WOMEN

Even though women have no independent legal right usually there are some exceptions to this rule, most of concerning marriage and divorce. A woman had always some limited influence on the joint property she shared with her husband and, depending on her status in marriage, full influence on her own property if she had one, with the only limitation that the husband could at any time renounce any contract she had made which he considered detrimental to their joint household, a capacity that a wife had in regard to contracts made by her husband as well.

Generally, the honour-price of a primary woman (cétmuinter) is half that of her husband, concubines (all further women) are rated usually at half of that of a primary woman. However, concubines may choose if they want to be under the legal rule of kin, husband or sons. A primary wife is usually expected to be of the same social rank as her husband.

Wives had to be bought more or less in Irish law by giving a bride-price (coibche) to the father of which the bride gets a share. In contrast to most other early legal systems, Irish law does not seem to care about bridal virginity, even though there are some hints that virginity was expected in case of the chief wife.

Divorce was permitted for many reasons and, depending on the kind of marriage and on who was the one “legally responsible” for the breaking of the marriage, received less or even nothing of the joint property. Separation without fines or penalty is also possible.

Additionally a woman has legal capacity in regard to “her” property, she can give a pledge on behalf of another from it (i.e. her embroidery needle, work-bag or dress) and can also function as a witness in case of problems in regard to her household or women’s jobs like weaving.

offenses by women were cared for by her legal guide, who had to pay any debt or penalties, while any debts or penalties for offenses against her would have to be paid to her legal guide.

FEMALE HEIR (BANCHOMARBAE)

If a man has no sons, his daughters can inherit a lifetime interest in his land, which installs her with every legal capacity a man would have. In case she marries a landless men or stranger, the legal roles in marriage are reversed: she pays the fines for him and makes the decisions for their joint-household. However, upon her death, the property is not inherited by her husband or sons, but reverts to her own kin.

SON OF A LIVING FATHER

An adult son whose father is still alive usually has no legal capacity of his own. However, he can annul any contracts of his father that would damage or diminish his future inheritance, as long as he fulfills his duties as a son (i.e. doesn’t leave the land of his father without being given leave, obeys his orders, etc.)

CHILDREN

Children under the age of 14 have no legal responsibilities and no legal capacity. Between 14 and 20 boys / young men acquire some legal capacity if they inherit land, but this is limited to a certain extent. Conversely, the rank of a man above 20 who has not yet inherited stays limited to that same amount. offenses by and against children are usually dealt with by the father or the kin.

The rearing of children is usually the responsibility of both partents, except when the child was conceived through wrongdoing on the part of the father, in which case he alone is responsible. Usually children would be sent away on fosterage while still very young. Fosterage is a legal contract considered beneficent for both parties. During fosterage, the foster father is fully responsible (legally) for any offenses commited by the foster-child.

INSANE PERSONS

Any offenses commited by or against insane persons is dealt with by their legal guardian. They have no independent legal capacity at all. However, exploitation of an insane person is against the law.

DISABLED PERSONS

Some physical disabilities may also limit legal capacities of a person (i.e. such a person cannot be king, or somebody infertile may not marry). Mocking somebody for a physical disability incurs a heavy fine.

SLAVES

Basically, a slave has no legal rights at all.