Medieval Ireland. An Encyclopedia

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seems to have been for glosses to be written between
the lines of the text, and to consist largely of explana-
tions of words which might be unfamiliar on account
of linguistic change or because they belonged to the
specialized legal vocabulary. Most law texts were also
provided with commentaries, which expand upon the
original text. In the earlier legal manuscripts the com-
mentary is generally fitted into the margins of the page,
whereas in later manuscripts of the fifteenth and six-
teenth centuries the commentary is given a place in
the body of the page.
After the Norman invasion of 1169, clerical involve-
ment in Irish law diminished, and the law increasingly
became the preserve of laymen from a small number
of legal families. From the evidence of the annals and
of the surviving legal manuscripts, it is clear that the
MacEgan (Mac Aodhagáin) family was the most
active and influential of these. There are more refer-
ences to MacEgans than to any other legal family in
the annals, and most surviving legal manuscripts have
a MacEgan connection. They had schools in Ormond
(Co. Tipperary) and at Duniry, Park, and other locations
in County Galway. As well as being academic lawyers,
the MacEgans were widely involved in legal practice.
Between the fourteenth and sixteenth centuries they
are known to have acted as lawyers for most of the
ruling families of western and central Ireland. Their
patrons included old Gaelic families such as Mac Carthy
More, O’Connor Roe, and O’Conor Don, as well as
Anglo-Norman lords such as Blake, Butler, and Barrett.
The most prominent member of the MacEgan family
in the surviving documents is Giolla na Naomh Mac
Aodhagáin, whose death in battle in 1309 is recorded
in the Annals of Connacht, where he is described as
“chief legal expert of Connacht and a well-versed
general master in every other art.” Three works are
attributed to Giolla na Naomh. The first is “An address
to a student of law,” a poem of twenty-five stanzas that
summarizes the educational needs of a law student. He
stresses the importance of legal precedents as a basis
for right judgement, and recommends the careful study
of law texts and wisdom texts. Another poem attributed
to Giolla na Naomh deals with the law relating to
distraint (athgabál). The longest surviving text attrib-
uted to Giolla na Naomh is a general treatise on Irish
law. It is primarily based on the Old Irish law texts
and their associated glosses and commentaries. In
addition, there is a significant Anglo-Norman element,
which illustrates the degree to which Irish law schools
had by this period been influenced by English Com-
mon Law. Thus the treatise uses terminology of Anglo-
Norman origin such as baránta, “guarantor,” and fínné,
“jury.”
Other prominent legal families were the MacClancies
(Mac Fhlannchadha) of Munster and the O’Dorans


(Ó Deoráin) of Leinster. One of the most important of
all the surviving legal manuscripts, now called Egerton
88 , was the product of a minor legal family, the
O’Davorens (Ó Duibhdábhoireann) of County Clare.
This manuscript was compiled by Domhnall O’Davoren
and his pupils between 1564 and 1569, and contains
a variety of legal material, much of it not preserved
elsewhere. The abundant marginal comments are also
of great interest, as they provide insight into the life
and general atmosphere of a sixteenth-century law
school.
The Elizabethan wars, culminating in the Flight of
the Earls in 1607, brought about the end of the Irish
law schools, as the lords who formerly employed the
legal families were dispossessed or adopted English
law.
FERGUS KELLY

References and Further Reading
Kelly, Fergus. A Guide to Early Irish Law (Early Irish Law
Series, vol. 3). Dublin: Dublin Institute for Advanced Stud-
ies, 1988, repr. 2001.
———. “Giollana Naomh: a Thirteenth-century Legal Innova-
tor.” In Mysteries and Solutions in Irish Legal History. Edited
by Desmond Greer and Norma Dawson. Dublin: Four Courts
Press, 2001.
Ní Dhonnchadha, Máirín. “An Address to a Student of Law.”
InSages, Saints and Storytellers: Celtic Studies in Honour
of Professor James Carney(Maynooth Monographs vol 2).
Edited by Donnchadh Ó Corráin, Liam Breatnach, and Kim
McCone. Maynooth: An Sagart, 1989.
Simms, Katharine. “The Brehons in Later Medieval Ireland”.
InBrehons, Serjeants, and Attorneys: Studies in the History
of the Irish Legal Profession. Edited by Daire Hogan and
W.N. Osborough. Dublin: Irish Academic Press, 1990.
See also Brehon Law; Common Law; Law Texts;
Mac Aodhagáin; Wisdom Texts

LAW TEXTS
Most of our knowledge of early Irish or Brehon law
comes from the Old Irish law texts, mainly composed
in the seventh and eighth centuries A.D. Some of these
texts have survived in a complete form in later manu-
scripts (generally of the fourteenth to sixteenth centu-
ries), but many are to be found only in fragments.

Senchas Már
The best preserved collection of early Irish law texts
is that of the Senchas Már, “great tradition,” which is
likely to have been organized as a unit about A.D. 800.
The texts in this collection are all anonymous, and it
is not known where or by whom it was put together.
However, most of the place-names and personal names

LAW SCHOOLS, LEARNED FAMILIES

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