LAW TEXTScited in the texts relate to the northern Midlands and
southern Ulster, so it is probable that the material
derived from this area. It may have been assembled in
a monastic law school, such as that at Slane, County
Meath.
Originally, the Senchas Már consisted of about fifty
law texts, arranged in three groups. There seems to be
no particular logic in the order in which the texts have
been placed, though some texts dealing with similar
topics are found together. For example, the text on the
law relating to cats, Catshlechta, is followed by the text
on dogs, Conshlechta. The First Third (trian toísech)
of the collection commences with an introduction in
which there is a general discussion of the legal topics
that are covered, as well as a description of the role
Saint Patrick was believed to have played in the cod-
ification of Irish law. The second text, Di Chetharshlicht
Athgabálae, deals at length with distraint (athgabál),
the formal seizure of another’s property to enforce a
legal claim against him. It is followed by three frag-
mentary texts: Di Gnímaib Gíall (“On the Acts of
Hostages”),Cáin Íarraith (“The Law of the Fosterage
Fee”), and Cáin Shóerraith (“The Law of the Free
Fief ”). The last of these deals with the institution of
free clientship, and is followed by the nearly complete
Cáin Aicillne, “The Law of Base Clientship.” The next
text, Cáin Lánamna, “The Law of Couples,” has survived
in its entirety, and is concerned mainly with marriage
and divorce. The last text in the First Third is entitled
Córus Bésgnai, “The Arrangement of Customary
Behavior,” approximately half of which survives. It
discusses the nature of Irish law, the maintenance of
order in society, and the relationship between the
Church and the laity. It repeats material from the Intro-
duction on the dissolution of contracts, and on Saint
Patrick’s involvement with Irish law.
The Middle Third (trian medónach) is the best pre-
served of the three sections of the Senchas Már. It
contains sixteen texts, of which thirteen have been
preserved in their entirety; considerable portions of the
remaining three texts have also survived. The first text
of the Middle Third is entitled Na Sechtae, “The
Heptads,” and is of special value to the student of
earlyIrish law, as it covers a wide range of subjects,
arranging the material in groups of seven, for example,
the seven churches that may be destroyed with impu-
nity, seven kings who are not entitled to honor-price,
and seven women who have sole responsibility for rear-
ing their offspring. The next text, Bretha Comaithchesa,
“The Judgements of Neighborhood,” deals with tres-
pass by domestic animals, fencing obligations, and so
on. Two specialized treatments of the law of neigh-
borhood also occur in the Middle Third. These are
Bechbretha, “Bee-judgements,” which includes a dis-
cussion of trespass by honey-bees, and Coibnes Uisci
Thairidne, “Kinship of Conducted Water,” which pro-
vides rules for bringing water for a mill across a neigh-
bor’s land.The final text in the Middle Third is the
partially preserved Bretha im Gata, “Judgements Con-
cerning Thefts.”
The Last Third (trian déidenach) is the least com-
plete section of the Senchas Már, and there is still a
good deal of uncertainty as to its original complement.
In his study “On the Original Extent of the Senchas
Már” Liam Breatnach lists twenty-three texts in the
Last Third, and it is probable that the original number
was higher. For example, there is evidence that the text
on trapping deer, Osbretha—of which only a few frag-
ments accompanied by later commentary survive—
belonged here. Likewise, the Last Third may have
containedBretha Luchtaine andBretha Goibnenn,
texts on the law relating to carpenters and blacksmiths,
respectively. No material that can be assigned to these
texts has so far been identified, but Breatnach provides
evidence that the associated Bretha Creidine, on the
law relating to coppersmiths, belonged in this section.
Only three texts belonging to the Last Third are com-
plete. These are the short text on sick-maintenance
(othras) and the longer medico-legal texts Bretha
Crólige, “Judgements of Blood-lying,” and Bretha
Déin Chécht, “Judgements of Dían Cécht (a Legendary
Physician).”Other Legal Traditions
Another less clearly defined group of law texts has
Munster associations, and includes Bretha Nemed
toísech, Bretha Nemed déidenach, and Cáin
Fhuithirbe. It seems that the wisdom text Audacht
Morainn also belongs in this tradition, as it has verbal
correspondences with both Bretha Nemed texts.
Binchy suggested that the text on status Uraicecht
Becc, “Small Primer,” likewise comes from a Munster
tradition, as it refers to the preeminence of the king of
Munster, as well as to the monasteries of Cork and
Emly. Other law texts—such as the invaluable excur-
sus on status Críth Gablach, “Branched Purchase”—
have no known connection with the Senchas Már col-
lection or with the Munster group of texts.Another
important text that stands apart from the rest is Gúbretha
Caratniad, “The False Judgements of Caratnia,” which
gives fifty-one exceptions to the general principles of
early Irish law.Origin of the Texts
The linguistic evidence indicates that the essential fea-
tures of the early Irish legal system go back at least as
far as the Common Celtic period (c. 1000 B.C.). Thus,