+ The Lost Legal System: Pre-Common Law Ireland and the Brehon Law Dr Noelle Higgins, Lecturer, School

of Law and Government, Dublin City University, Ireland Abstract: rior to the ado!tion of common law in Ireland, a native legal system, "nown as #rehon law, had a!!lied throughout the country$ %his legal system dated from Celtic times and was !assed down orally from generation to generation$ It was written down for the first time in the seventh century and survived until the seventeenth century when it was finally re!laced by the common law$ %he #rehon law system was highly com!le& and so!histicated$ 'ights were accrued based on societal status and !unishment ( restitution was based on the status of the !erson against whom an offence was committed$ %he legal system was administered by )udges but the legal system was essentially self*enforcing with no !risons or !olice force$ %his !a!er will describe the roots of the #rehon legal system and its !rimary actors and will com!are it to the common law system$ It will analyse its main facets and sub)ects and will trace its develo!ment through Irish history u! until it was finally su!!lanted as the legal system of Ireland by the common law in the seventeenth century$

1 Introduction %oday, Ireland is a common law )urisdiction$ %he legal system in !lace is very similar to that of ,ngland and -ales, Scotland and also other former #ritish colonies$ Indeed, some of the legislation and case law which a!!lies in Ireland today dates from !re* inde!endence days, when Ireland was officially !art of the United .ingdom of #ritain and Ireland$+ -hen Ireland gained inde!endence and the Irish /ree State was formed in +011, the Irish leaders created a new legal system$ %his was modelled on the legal system in !lace in the United .ingdom, the one e&ce!tion being the ado!tion and indeed, su!remacy of, a codified single Constitutional document in Ireland$ 1 However, !rior to the ado!tion of the common law, a native legal system was in !lace for centuries in Ireland, which differed in almost every way from the common law$ %his is "nown as #rehon Law, from the 2ld Irish word brithemain, meaning 3)udge4 or 3)urist4$ %his system was im!lemented throughout the island of Ireland, from Celtic times until it was com!letely su!!lanted by the common law in the +5th century$ %his wor" aims to set out the basics of #rehon law, including its main tenets and !ersonnel$ It see"s to do this by e&!laining how the !rimary actors in, and !rinci!les of, a modern common law system were dealt with under the #rehon system$ %his com!arison see"s to facilitate the com!rehension of the legal rules of #rehon law, however, it must be remembered that early Irish society and its structures were very different from modern society, and so a brief e&!lanation of that society must also be given$ %he !a!er will trace the develo!ment and decline of the #rehon law system and illustrate how early Irish society was regulated$ It should be noted, however, that because there is sometimes disagreement between the law te&ts in which the legal !rinci!les are set out and because we cannot be certain of when the !rinci!les may have evolved and changed over time, this !a!er is general in nature, highlighting the !rimary themes of #rehon law and a number of rules !ostulated during the time that this law was !ractised in Ireland, rather than !roviding an e&act chronological e&amination of the life of this legal system$ Background to, and Beginnings o , the Brehon Law System %here is a level of uncertainty concerning when the #rehon legal system began$ 6 number of manuscri!ts dealing with various as!ects of #rehon law, written in the vernacular Irish language and dating from +7th*+8th centuries still e&ist$ %hese manuscri!ts are based on older te&ts, which originated in the 5th*9th centuries$: However, the legal system re!resented in these te&ts had develo!ed from customs and !ractices that had been !assed down orally from generation to generation in the !revious centuries$ 6 number of law schools e&isted across the country of Ireland, where )urists were trained in
+

2n the history of the common law in Ireland and the creation of the new Irish legal system, see #yrne, '$ and $;cCutcheon with C$ #ruton and G$ Coffey, !!$ 15*8:$ 1 %he current Constitution is the Constitution of Ireland ( Bunreacht na hireann +0:5$ %here were two !revious Constitutions in !lace in Ireland< %he Constitution of the Irish /ree State ( Bunreacht Shaorstt ireann +011 and a !rovisional Constitution of Dil ireann, which was the Constitution of the Irish 'e!ublic +0+0*+011$ : See .elly, /$ =+099>, !$ +$

: #rehon law and learned the rules and !rinci!les of #rehon law$7 %hese rules were then later written down in the manuscri!ts, and the manuscri!ts were first written and later co!ied, sometimes by lay )urists and sometimes by mon"s$ ? -hile we cannot "now definitively when the #rehon law system actually began, it is clear from references within the te&ts and the language used in them that the te&ts reflect a system that was in !lace in Celtic times, long before its !rinci!les were written down during the Christian era and .elly states that 3it is clear from linguistic evidence that many of the essentials of the early Irish legal system go bac" at least as far as the Common Celtic !eriod = c. +@@@ #$C$>4, and similarities can be found between the early Irish and early -elsh and other Indo*,uro!ean legal systems$8 Currently, a!!ro&imately ?@ law te&ts survive, which deal with a wide variety of to!ics, including medical law, contract law, tort law, environmental law, s!orts law etc$, which !rovide a fascinating insight into early Irish society$ 5 ;ost of the te&ts are accom!anied by commentaries and e&!lanatory notes, which were written in by those who co!ied the manuscri!ts$9 -hile we have a body of literature from early Ireland, which includes myths, sagas, hagiogra!hy and !oetry, no foreign account of Ireland e&ists !rior to the wor" of Giraldus Cambrensis who wrote Topography of Ireland in the +1th century,0 a!art from a number of comments written by St atric", !atron saint of Ireland, in the ? th century$+@ %herefore, the insight into early Irish society !rovided in the law te&ts is invaluable to historians and anthro!ologists$++ -hen the #rehon law system was im!lemented in Ireland, the country was divided into a!!ro&imately ?@ different areas or tath and the society was tribal, based on a clan system,+1 and hierarchical$ 6lthough there was a High .ing of Ireland, each of these areas had their own "ing and the #rehon law was a!!lied in each division$ +: However, it seems that one only had rights within one4s own tath, reflecting the fact that there was generally little travel outside of one4s own community within early Irish society$ +7 The Basics o the Brehon Law System It is interesting to note that some of the rules laid down in these te&ts are reflected in native Irish writings, including myths and sagas, illustrating their !ractice and acce!tance
7 ?

See ibid, Cha!ter ++$ See ibid, !!$ 1:1*1:9$ 8 Ibid, !$ 1:+$ 5 See ;eroney, H$$ 9 See .elly, /$ =+099>, !$ 118$ 0 Cambrensis G$ =1@@@>, The Topography of Ireland, translated by %homas /orester, revised and edited with additional notes by %homas -right, Cambridge, 2ntarioA In !arentheses ublications, available atA htt!A((www$yor"u$ca(in!ar(to!ogra!hyBireland$!df, last accessed 17(@9(+@$ +@ See St atric", Confessio, sections 7+*71, available at htt!A((www$cin$org(!atric"$html, last accessed 17(@9(+@$ ++ See .elly, /$ =+099>, !$ :$ +1 /or a discussion of the structure of early Ireland, see ;acNeill, ,$ =+0:?>$ Early Irish a! and Institutions$ DublinA #urns, 2ates and -ashbourne, !!$+10*+?1$ +: See ibid, !!$07*05$ +7 See .elly, /$ =+099>, !!$ :*8$

7 in early Irish society$ +? %his section will ta"e some main sub)ects of the common law system such as legislation, case law, )udgments and enforcement and show how they were dealt with under the #rehon system$+8 "ccess to the a! and Status in Early Irish Society %he Irish legal system did not subscribe to the notion of eCuality before the law and Irish society was hierarchical and inegalitarian$ +5 Society was divided into different levels according to class or ran", and a !erson4s legal ca!acity was ine&tricably lin"ed to this societal ran"$ %he measure of a !erson4s status was "nown as his 3honour !rice4 ( l#g n$ enech, the literal translation of which is 3the !rice of his face4$ #rehon law !rohibited a !erson from entering into a legal contract for an amount which e&ceeded his honour !rice and he could not go surety for a greater amount either$ %he honour !rice was also im!ortant in ascertaining the !unishment attached to ma)or crimes< a serious offence which was committed against a !erson of high ran" demanded a greater !unishment than the same offence committed against a !erson of lower ran"$ 'an" was also hugely im!ortant when it came to the law of evidence, with the oath of a high ran"ing !erson automatically outweighing that of a lower ran"ing !erson$ %urists %he Irish )urists of the early Christian !eriod were held to be in direct succession to the Druids, the !agan 3!riests4$+9 %he story of how the druids were transformed into )urists is told in the introduction to a collection of law te&ts, entitled Senchus &r' translated as the 3Great %radition4$+0 Durists were highly regarded in early Irish society but were surrounded by a shroud of myth and magic$ %he badge of office of the )urist was a torCue and if a )urist s!o"e an untruth, according to legend, it would tighten around his nec" and strangle him$1@ Indeed, it is stated in Senchus &r that blotches would a!!ear on a )urist4s chee" if he deviated from the truth$1+ %he )urists advised the "ing on all legal matters and the "ing only !assed )udgement on legal issues after advice from his legal advisor$ During the Christian era, the clergy gained a !lace in the legal system and !assed )udgment on Cuestions of canon law$ 6s the #rehon legal system !rogressed, the )urists began to ta"e on a more central role and in the late +1th century legal e&!erts began to serve as )udges, as well as advisors and advocates, most !articularly in Norman dominated areas$11

+?

See ibid, !$ 1$ See Dillon, ;$ +5 It is interesting to note that the Introduction of Senchas &r discuses the conce!t of eCuality before the law, as was !rescribed in 'oman law, but this conce!t was not acce!ted as !art of the #rehon legal system$ +9 ;acNeill denies the status of Druids as !riests E see ;acNeill, ,$, !!$85*80$ +0 See ibid, !$91$ 1@ See 'agan, ;$ =+000> Brehon a! and the (rimary a! of the Temple of Danann, available atA htt!A((www$danann$org(library(law(!rim$html, last accessed 15(@9(+@$ 1+ See "ncient a!s and Institutes of Ireland =+98?>, Fol$ I, !$ 1?$ 11 In relation to the role of )urists and "ings as )udges, see Gerriets, ;$ =+099>$
+8

? a! Schools 6 number of law schools e&isted across Ireland where students were trained in the !rinci!les of #rehon law$ 6s with various other "inds of occu!ations in Ireland at the time, such as medicine, !oetry and musicianshi!, certain families became e&!erts in their field and generations of the same families were trained in the sub)ect of law$ 1: 6mong the most famous law families were the ;ac6odhagGin(;ac,gan, ;ac/hlannchadha(;acClancy and the Ua DeorGin(24Doran families, who came to the fore in the !ost*Norman !eriod, when the influence of the church on the writing of legal manuscri!ts had declined$ %he most famous of these was the ;ac,gan family, who ran a number of law schools in the -est and middle of the country and who were also renowned !ractising )urists, re!resenting the im!ortant families in the area$17 ) egislation* Legislation did not ta"e the same form in the #rehon system as it does under common law$ 'ather, the legal rules and !rinci!les were recorded in law te&ts and these, along with canon laws and occasional ordinances of "ings, formed the basic #rehon law framewor"$ %he te&ts were to written to 3instruct )udgesHin the theory and !ractice of Irish law$41? 6s mentioned above, a!!ro&imately ?@ law te&ts remain, although there are references to various other 3lost te&ts4 in e&tant te&ts$ %he te&ts that have survived are generally incom!lete or corru!t$ 6n additional difficulty in inter!reting the te&ts is that the language in which they were written =2ld Irish> is archaic, and in most instances, was even outdated and obscure at the time the manuscri!ts were co!ied$ Notably, some of the legal information was written in the form of !oetry, and some was written in the form of lists of things a )urist needed to "now, "nown as the %riads and the He!tads$ 18 %he most im!ortant grou! of te&ts, Senchas &r, dates bac" to the 9th century$ %he Senchas &r is es!ecially im!ortant because it !rovides a bac"ground to the #rehon legal system$ %he Introduction offers an e&!lanation for the com!ilation of the law te&ts, although it is Cuestionable if this e&!lanation is fact or fable$ 6ccording to the te&t, St$ atric" reCuested that a collection of all !agan laws in Ireland be made in 7:9 6$D$ Laegaire, then "ing of Ireland, formed a committee, with himself and St$ atric" as members, to revise these laws$15 %he result was a new legal code from which, according to the te&t, everything that clashed with Christianity was removed$ %he te&ts cover many areas of legal !ractice, including "irecht which deals with !rocedural law, Di "stud Chor which deals with contract law, Bretha D+in Ch+cht which covers the area of medical law and more unusual te&ts, such as Bechbretha which !rovides the legal !rinci!les on the sub)ect of bee"ee!ing$ %wo other te&ts, Cr,th -ablach and .raicecht Becc deal with the area of status under the law, which, as was seen earlier, was a cornerstone of the #rehon legal system$ Case a!
1: 17

See .elly, /$ =+099>, !!$ 171*18:$ See ibid, !!$ 1?1*18:$ 1? Ibid, !$ 171$ 18 See ibid, !!$?:*?8$ 15 See "ncient a!s of Ireland =+98?>, Fol$ I, !$ 17$

Some of the law te&ts that still e&ist today describe in detail !rocedural issues regarding law cases$ Unfortunately, no coherent records of decisions of legal cases or decisions e&ist and we do not "now if they were ever written down or recorded$ However, anecdotes relating to, and summaries of, a few famous and im!ortant cases are found in native Irish literature$ %he most famous of these is the co!yright case !ertaining to St$ Colmcille, "nown in ,nglish as St$ Columba, which too" !lace in the 8 th century$ %he saint was a !rolific scribe with a !rofound interest in manuscri!ts$ 6nother mon", named /inian had obtained a co!y of the /ulgate, the Latin translation of the #ible$ Colmcille wanted to co!y the manuscri!t and IborrowedJ it without !ermission and duly made a co!y of it$ /iaian was u!set and decided to see" legal redress$ %he case was referred to the High .ing of Ireland, Diarmait, who gave )udgement in favour of /inian and stated 3KtLo every cow its calf< to every boo" its co!y4, meaning that Colmcille should return both the original and the co!y to /inian, /inian having co!yright over it$19 .elly discusses a law te&t entitled Cis lir cenela airechta dochusin la 0+niu1 , translated as 3How many "inds of courts are there in Irish lawM4, where the court setting in early Irish society is described$ %his te&t envisages rather a formal setting for the court, with the )udge, the "ing and other res!ected !eo!le ma"ing u! the main body of the court$ 10 However, legal issues were also freCuently discussed in a more informal setting at a fair, called an #enach, which was a 3regular assembly for !olitical, social and !erha!s commercial !ur!oses4:@ and legal business was also formally underta"en at another "ind of gathering called an airecht, a 3meeting of freemen4$:+ Enforcement and egal 2emedies 2ne of the most fascinating characteristics of the #rehon law system was that fact that it was essentially self*enforcing$ %he !ublic administration of )ustice was not highly develo!ed and no !olice system e&isted$ In addition, there was no eCuivalent of a !rison system, and )udgments were left in the hands of the ordinary !eo!le to enforce, although, sometimes a lord or another dignitary would be as"ed to hel! enforce a )udgment, such as a !ayment of a fine$:1 #rehon )ustice was almost e&clusively based on a fine ( com!ensation system$ :: 6 structure of !ledges and sureties e&isted to ensure that the system of fines could function !ro!erly$ /or every wrong ad)udged to have been committed, the guilty !arty was reCuired to !ay a certain amount in recom!ense, de!ending on the in)ured !arty4s ran"$ %here was no real division between criminal and civil law as regards !unishment, something we ta"e for granted in common law )urisdictions< rather under #rehon law, both ty!es of wrongs reCuired that com!ensation be !aid$ If an individual was in)ured, the

19 10

See .elly, /$ =+099>, !$ 1:0$ See .elly, /$ =+098>$ :@ .elly, /$ =+099>, !$ 7$ :+ See ibid$ :1 See ibid, !$ +18$ :: .elly stats that 3KtLhe authors of the 2ld Irish law*te&ts seem to envisage that !ayment can atone for almost any crime4 but he does go onto discuss other forms of !unishment that find mention in the law te&ts such as hanging and flogging etc$ * ibid, !$ 1+7$

5 in)urer was also obliged to bring him to his house and have him nursed bac" to health E this !ractice was "nown as 3sic" maintenance4 ( folog n$othrusa$:7 Distraint If com!ensation was not forthcoming after a )udgement had been handed down, the in)ured !arty had the right to formally seiNe the !ro!erty of the wrongdoer$ %his !rocedure was "nown as athgabl 3 3distraint4$ 6s !art of this !rocess, the !laintiff had to give formal notice to the defendant that he intended to distrain his !ro!erty$ %he !eriod of notice necessary before the seiNure could ta"e !lace de!ended on the nature of the wrong committed$ U!on receiving notice of the intent to distrain, the defendant could !ay the fine, or arrange a surety, or ma"e a !ledge to the effect that it would be !aid$ If he failed to do any of these things with the !rescribed notice !eriod, the !laintiff could legally seiNe his !ro!erty E normally animals, es!ecially cattle, eCual to the value of the amount due$ 6 !rofessional law agent would be !resent when the !ro!erty was seiNed to ensure that the seiNure was legitimate$:? 0asting 6 notable method of enforcing a )udgment which was Cuite common during the #rehon law !eriod was troscud 3 fasting$ %his form of )udgment enforcement was em!loyed against a !erson of high ran" who had committed a wrong$ If com!ensation was not forthcoming from a !erson of high ran" who had committed a wrong, the wronged !arty had the right to underta"e a fast or a hunger stri"e outside his house, normally lasting from sunset to sunrise$ 6 fast reCuired that the defendant either !ay the fine, or arrange a surety, or ma"e a !ledge for !ayment$ If the defendant ate during the !laintiff4s fast he was reCuired to !ay double the original amount$ %he im!lications of not conceding to a fast were very serious< a !erson would forfeit the right to be !aid com!ensation for any offence that had been committed against him$:8 Satire .elly states that 3KvLerbal assaults on a !erson are regarded with the utmost seriousness4 :5 in early Irish society$ Indeed, it was believed that a !oet had the ability to cause in)ury, and even death, through satire and therefore, satirisation attracted a high !enalty whereby a !erson4s honour !rice was due to be !aid$ Satirisation however, could, at times, be neutralised by the com!osition of a !raise*!oem$ However, satirisation was also sometimes used as !ressure to enforce a )udgment$ /or e&am!le, if a fine went un!aid, it was legitimate for the wronged !arty to satirise the wrongdoer$ %he wrongdoer then either had to !ay that was owed, or ma"e a !ledge to do so, to save his honour$:9

:7 :?

See ibid, !!$ +:@*+:+$ See #inchy, D$6$ =+05:>$ :8 See %hurneysen, '$ =+01?>$ :5 .elly, /$ =+099>, !$ +:5$ :9 See ibid, !!$ +:9*+:0$

9 The !ecline o Brehon Law ;acNeill suggests that the first signs of the decline of the #rehon law system actually 3begins with the disturbances of the national order brought about by the Norse invasions4:0 and believes that the 3first clear sym!tom4 of this decay was in 95: when there was no General 6ssembly at %ailte, which had been usual before the Norse invasions$ In the aftermath of the 6nglo*Norman invasion of Ireland in ++80, attem!ts were made to change various as!ects of Irish society, including the legal system$ Indeed, as early as ++5+, .ing Henry II of ,ngland convened a Council near the settlement of -aterford, where he commented that 3the laws of ,ngland were by all freely received and confirmed$47@ However, this was more an e&ercise in !ro!aganda than a true reflection of the reach of common law$ In reality, the common law was coldly received by the native Irish and only gradually s!read in acce!tance over the ne&t five centuries$ In fact, the first 6nglo*Normans who came to Ireland became firmly integrated into Irish society and too" on Irish customs and !ractices, rather than forcing their own customs and new legal system onto the Irish !eo!le$ 6 +815 translation of an e&!lanatory note written in a now lost Irish te&t from +:+5 states thatA 3every contry had his !eculiar brehan dwelling within itselfe, that had !ower to decide the case of that contry O to maintaine theire controversies against their neibor*contries<Hthis was before the lawes of ,ngland were of full force in this contry or land$ 6nd before the "ingdome was devided into shieres$47+ However, over time, ,nglish interest in, and control over, Ireland became stronger$ (oynings* a!71 was !assed in +707 which sought to give su!remacy to ,nglish legislation over native Irish laws$ -hile it was not im!lemented in the rural !arts of Ireland, it was effective in the environs of Dublin, 3the ale4, the area over which the ,nglish had Cuite a firm hold at this time$ #rehon law continued to be !ractised by the native Irish !eo!le around the country$ %his situation continued until the %udor era, with the #rehon law and common law systems co*e&isting in different !arts of the country$ ,ventually in +?7+, .ing Henry FIII of ,ngland !roclaimed himself to be .ing of Ireland7: and from that !oint on the ,nglish language, customs and legal system gradually began to be enforced on, and very hesitantly acce!ted by, the native Irish$ 2ver the ne&t two centuries, the whole framewor" of Irish society was shattered by invasion and colonisation and the native Irish leaders were either e&iled by the ,nglish or had submitted to their rule$ .elly commentsA 3%he ,liNabethan wars, culminating in the /light of the ,arls in +8@5, delivered the cou! de grPce to native Irish law$ %he lords who had formerly em!loyed the legal families were banished, dis!ossessed, or had ado!ted ,nglish law$ 2ne or
:0
7@

;acNeill, ,$, !$1+$ Quoted in 24;ahony, $, !$ 7$ 7+ %he lost te&t is "nnals of Clonmacnoise and the translator was Connell ;ageoghagan$ %his translation is Cuoted in .elly, /$ =+099>, !$ ?:$ 71 See .elly, D$ =1@@5>$ 7: See 24;ahony, $, !$?$

0 two law*schools may have struggled on in remote areas during the +5 th century, but by the +9th century they were certainly e&tinct$477 -ithout the native Irish tath and clan system, #rehon law could not !ro!erly function$ %his lac" of the societal a!!aratus necessary to su!!ort the im!lementation of the #rehon law led its desuetude in the +5th and +9th centuries$ /inally, the "ct of .nion in +9@@ formally integrated Ireland into the United .ingdom$7? Conclusion: The Irish Peo"le and the Brehon Law It seems that the Irish !eo!le had a great res!ect for #rehon law and were eager to im!lement the legal system and acce!t its a!!lication$ %his is clear from the statement of Chief #aron /inglas, who, around +?1@ com!ared how the Irish !eo!le a!!lied #rehon law and how his fellow ,nglish countrymen attem!ted to im!ose and a!!ly the 3,nglish4 common law, in 3the ale4, around Dublin$ He statedA 3It is a great abusion and re!roach that the laws and statutes made in this land are not observed nor "e!t after the ma"ing of them eight days< which matter is one of the destructions of Englishmen of this land< and divers Irishmen doth observe and "ee! such laws and statutes which they ma"e u!on hills in their country firm and stable, without bra"ing them for any favour or reward$478 In the same vein, even as late as the +5th century, when the #rehon law system was becoming overta"en by the common law, Sir Dohn Davies, who was the 6ttorney*General of Ireland under Dames I of ,ngland, commented on how the Irish res!ected the law and im!lemented it$ He statedA 3%here is no nation of !eo!le under the sun that doth love eCual and indifferent )ustice better than the Irish, or will rest better satisfied with the e&ecution thereof, although it be against themselvesH4 %his res!ect that the Irish had for #rehon law could be e&!lained by an early Irish law te&t, a %riad, which statesA 3the three roc"s to which lawful behaviour is tiedA monastery, lord, "in4$75 %his sim!le statement illustrates much about early Irish society and the !syche of the Irish !eo!le$ It shows that #rehon law !ermeated the society to a great e&tent and affected every as!ect of a !erson4s life$ %o disres!ect the #rehon law was to disres!ect religion, "ing and family and therefore the willingness to submit to it was great indeed$ Bibliogra"hy
77

.elly, /$ =+099>, !!$ 18@*18+$ /or a discussion of the !eriod of decline in #rehon law, see ;acNeill, ,$, !!$+10*+?1$ 78 Quoted in Sto!ford Green, 6$, !$:+5$ 75 %riad 1@@ E see .elly, /$ =+099>, !$ 1$
7?

+@

#inchy, D$6$ =+0:9>$ 3Sic" ;aintenance in Irish Law4, riu +1A 59*+:7$ #inchy, D$6$ =+07:>$ 3%he Linguistic and Historical Falue of the Irish Law %racts4, (roceedings of the British "cademy 10A +0?*115$ #inchy, D$6$ =+088>$ 36ncient Irish Law4, The Irish %urist +A 97*01$ #inchy, D$6$ =+05:>$ 3Distraint in Irish Law4, Celtica +@A 11*5+$ #inchy, D$6$ =+059>$ Corpus Iuris 4ibernici, DublinA 6dvanced Studies Institute$ #yrne, '$ and $;cCutcheon with C$ #ruton and G$ Coffey =1@@0>$ Byrne and &cCutcheon on the Irish egal System$ =?th ed$> DublinA #loomsbury rofessional$ Cambrensis G$ =1@@@>, The Topography of Ireland, translated by %homas /orester, revised and edited with additional notes by %homas -right, Cambridge, 2ntarioA In !arentheses ublications, available atA htt!A((www$yor"u$ca(in!ar(to!ogra!hyBireland$!df, last accessed 17(@9(+@$ Charles*,dwards, %$ =+098>$ 3Cr,th -ablach and the Law of Status4, (eritia ?A ?:*5:$ Charles*,dwards, %$ and /$ .elly =+09:>$ Bechbretha5 an 6ld Irish a!$tract on Bee$ 7eeping$ ,arly Irish Law Series$ Fol$ I$ DublinA Dublin Institute of 6dvanced Studies$ Commissioners for ublishing the 6ncient Laws and Institutes of Ireland, "ncient a!s and Institutes of Ireland =+98?>, DublinA H$;$ Stationery 2ffice$ Dillon, ;$ =+0:1>$ 3Stories from the Law*tracts4, riu ++A 71*8?$ Gerriets, ;$ =+099>$ 3%he .ing as Dudge in ,arly Ireland4, Celtica 1@A +*17$ .elly, /$ =+098>$ 36n 2ld*Irish %e&t on Court rocedure4, (eritia ?A 57*+@8$ .elly, /$ =+099>$ " -uide to Early Irish a! $ ,arly Irish Law Series, Fol$ III$ DublinA Dublin Institute for 6dvanced Studies$ .elly, D$ =1@@5>$ oynings4 Law and the ;a"ing of Law in Ireland +88@*+9@@$ DublinA /our Courts ress Ltd$ ;acNeill, ,$ =+0:?>$ Early Irish -ashbourne$ a! and Institutions $ DublinA #urns, 2ates and

;eroney, H$ =+0?9> 3%he %itle of some ,arly Law*tracts4 ' %ournal of Celtic Studies 1A +90*1@8$ NR Dhonnchadha, ;$ =+091> 3%he Guarantor List of Cin "domnin 8054, (eritia +A +59*

++ 1+?$ 24;ahony, $ =ed$> Criminal %ustice in Ireland =1@@1>$ DublinA Institute of 6dministration ublic

St atric", Confessio, available at htt!A((www$cin$org(!atric"$html, last accessed 17(@9(+@ Sto!ford Green, 6$ =+0@9>, The &a7ing of Ireland and its .ndoing' 89::$8;::$ /loridaA New -orld #oo" ;anufacturing$ %hurneysen, '$ =+01?>$ 3Das /asten beim fSndungsverfahren4, <eitschrift f=r celtische (hilologie FTA 18@*15?$