The Brehon Code

Event

1997-03-07

01:18:43

This is a lecture by William Kelly titled “The Brehon Code”, where he discusses Celtic ancestors, religion, laws, education, and culture as they relate to the Brehon code. He also discusses the changing of laws, judges, honor prices, hierarchical ranks, reputations, responsibility, hospitalities, and other various topics to do with the Brehon Code.

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Held by Benevolent Irish Society

The speaker introduces himself and his lecture.
The speaker comments that the Brehon Law devised by the ancient tribal Celts reflects the Irish society of both ancient times and today. The Brehon Laws were oral, based on rank, training and worldly possessions and were developed by custom, decision making and oral contracts. The Brehons were men and women more powerful than kings who interpreted the laws knowing what controls would be accepted by society.
The speaker tells that Brehon Laws existed until British common law was instituted in the 17th century. Due to christianity the Brehon Laws were written down in the 7th and 8th centuries. Many of these manuscripts were lost when Brehon Law was banned. The surviving manuscripts are our source of Brehon Law and Celtic society. The Brehon Law was used in the Celtic petty kingdoms or “tuathas”.
The speaker details the differences between Brehon Law and law today. They included private proceedings initiated by one of the parties involved, the Brehons were not part of the government, the Brehon’s respect reflected the belief they acted on behalf of a divine power and honour price was the basis for punishment and fines.
The speaker describes the Brehons’ role in Celtic society, the great respect given to their decisions, the role of honour, fasting and public pressure in compliance of their decisions, payment, role in advising the king, memorization of the laws and previous judgements and the judgments of Brigid the Wise. The speaker also references the role of advocates and King Cormac's description of them.
The speaker says that “honour price” is critical to the understanding of Brehon Law. Honour price reflected a person’s status and the nature of an offense. Contracts also involved honour price. Some people had no honour price and others had an honour price higher than their rank. The speaker also notes that fines could result in loss of rank.
The speaker points out that the Brehon Laws show us that honour played an important role in Celtic society. In a small, interconnected community a person’s reputation created cohesion. Banishment was the only fine greater than loss of rank. The speaker highlights some Brehon Laws and what they tell us about Celtic society. The speaker also explains “blush” fines.
The speaker continues to describe aspects of blush fines and satire with regard to Brehon Law. The speaker also notes that violence was not condoned under Brehon Law and was not part of Brehon’s punishment.
Tape break. The speaker points out the significance of scripture and the bible in Brehon Law after the introduction of christianity. The speaker also describes the rights of women under Brehon Law and christianity’s influence on those rights.
The speaker says that under Brehon Law there were nine forms of legal marriage including polygamy. Any child born in a legal marriage had legal rights. There was a system of fines when children were born of forbidden unions. Marriage of equal rank was encouraged and there were laws for those marriages of unequal rank. Reasons for divorce and legal separations were more diverse than today.
The speaker reviews the laws concerning hospitality in Celtic society. The laws show it was the duty of all householders, especially the women. The highest level of duty was for hoteliers. The laws of hospitality included protecting a visitor similar to providing sanctuary. The speaker feels this duty of hospitality is still found in Ireland and PEI.
The speaker ends the lecture reviewing the ancient Irish laws concerning judges. The speaker also tells of the connections of “red cheek” to a judge’s biased judgement and to the Druids. The speaker notes that it was more risky to be a judge in ancient Ireland compared to today.
Applause. Q and A.