there are many correspondences between Irish,
Welsh,and Breton legal vocabulary. For example, Old
Irishmacc, “surety,” is cognate with Old Breton and
Medieval Welshmach of the same meaning. Similarly,
Old Irish díles, “immune from legal process,” is cog-
nate with Old Breton dilesand Medieval Welsh dilys
of the same meaning. Correspondences of this type
indicate that such basic legal concepts were recognized
long before the coming of Christianity to Ireland in
the fifth century A.D. Nonetheless, there is no doubt
that the impact of Christian learning on early Irish law
was immense. The introduction of Latin letters revo-
lutionized the transmission of legal material, and
allowed for legal topics to be treated in detail, whereas
previously only the salient points could be passed on
by word of mouth.
There is strong evidence that the law texts were
written in monastic scriptoria, as the legal manuscripts
use the same spelling system, script, punctuation,
abbreviations, and illuminated capitals as are found in
manuscripts of monastic origin. In addition, many of
the law texts show the influence of the Latin grammar-
ians in their use of the question-and-answer technique,
and of etymological explanations of legal terms and
other words. There are also strong Christian influences
to be observed in the content of the law texts. In the
text on status Críth Gablach, it is stated the king should
rise up before the bishop “on account of the Faith,”
and many other texts make special reference to the
privileged position in society of the Church and its
clergy. There are also frequent references to Biblical
principles and personalities, and some direct quota-
tions and adaptations from Canon law. On the basis of
this evidence, some scholars have held that most or all
of the authors of the law texts were clerics. On the
other hand, doubt has been expressed that clerics were
responsible for law texts such as Cáin Lánamna and
Bretha Crólige, in which concubinage and divorce
have explicit legal status.
Style and Content of the Law Texts
The style employed in the law texts varies consider-
ably. The majority of them are in prose, but some—
particularly those associated with the Munster tradition—
are largely in verse. The manner in which the infor-
mation is presented is similarly variable. Texts such
as the Heptads and Gúbretha Caratniad cover a wide
range of legal issues, but most deal with a single
topic, often quite specialized. Thus, the long text
Bretha im Fhuillema Gell deals solely with the inter-
est payable for pledges given by a person on behalf
of another. The technical information present in such
detailed treatments renders them of great interest to
the social and economic historian, as well as to the
student of law. For example, the medico-legal texts
Bretha Crólige and Bretha Déin Chécht supply a
great deal of information on early Irish medical prac-
tice. In general, it can be said that the authors of the
law texts display an intelligent and humane attitude
towards legal problems, and a deep concern that
justice should be done. However, the hierarchical
and inegalitarian nature of early Irish society is
reflected throughout these documents. Disappoint-
ingly, there is hardly any case law, so it is difficult
to know how the principles of Irish law were applied
in practice. From the ninth century, it seems that very
few further law texts were composed, and thereafter
the energies of the law schools were mainly devoted
to the work of copying and interpreting the existing
texts through the provision of explanatory glosses
and commentaries.
FERGUS KELLYReferences and Further Reading
Binchy, D. A. Críth Gablach (Mediaeval and Modern Irish
Series, vol. 11). Dublin: Dublin Institute for Advanced
Studies, 1941, repr. 1970.
Breatnach, Liam. “Canon Law and Secular Law in Early
Ireland: the Significance of Bretha Nemed.” Peritia: Journal
of the Medieval Academy of Ireland 3 (1984): 439–459.
———. “On the Original Extent of the Senchas Már.”Ériu 47
(1996): 1–43.
Charles-Edwards, Thomas, and Fergus Kelly. Bechbretha: an
Old Irish Law-tract on Bee-keeping (Early Irish Law
Series, vol. 1). Dublin: Dublin Institute for Advanced
Studies, 1983.
Hancock, H. N. et al. Ancient Laws of Ireland vols. 1–6. Dublin:
Her Majesty’s Stationary Office, 1865–1901.
Kelly, Fergus. A Guide to Early Irish Law (Early Irish Law
Series, vol. 3). Dublin: Dublin Institute for Advanced Stud-
ies, 1988, repr. 2001.
———. “Texts and Transmissions: The Law-texts.” In Ireland
and Europe in the Early Middle Ages. Edited by Próinséas
Ní Chatháin and Michael Richter. Dublin: Four Courts Press,
2002.
Ó Corráin, Donnchadh, Liam Breatnach, and Aidan Breen. “The
Laws of the Irish.” Peritia: Journal of the Medieval Academy
of Ireland 3 (1984): 382–438.See alsoBrehon Law; Canon Law; Common Law;
Ecclesiastical Organization; Law Schools, Learned
Families; Medicine; Patrick; Scriptoria; Society,
Grades of Gaelic; Wisdom TextsLEABHAR BREAC
Leabhar Breac (The Speckled Book) is in the library
of the Royal Irish Academy, Dublin (Cat. No. 1230).
The vellum manuscript has always been associated
with the learned family of Mac Aodhagáin. It was alsoLAW TEXTS