Documenting your food: Brehon Laws in Ireland and their relationship with food and nutrition

1. Documenting your food: Brehon Laws in Ireland and their relationship with food and nutrition Mistress Lisette la Roux University Session 95Barony of Ravens CoveFebruary 4, 2017

2. Scope This class will focus on the Brehon Laws and how they can be used to document food and nutrition in the SCA time period. The class will discuss what the Brehon Laws were and give specific examples of references to food and its relationship to the community law.

3. Brief Background on the Brehon Laws What are the “Brehon Laws”? • The Irish system of laws were the second oldest surviving system of justice after Sanskrit • The term brehon comes from the Irish word brithem, meaning “jurist” • Better described as arbitrators or legal advisor to the ruler • Two types of professional lawyer Brithem (Brehon) and Aigne • Brithemmeans maker of judgments or the person who acts as judge or arbitrator • Aigneis equated to modern attorney or advocate

4. Brief Background on the Brehon Laws • Prime responsibility of the Brehons to give judgments in disputes over ownership of land or between neighboring kinsman • Brehon did not serve out of public duty and was not an official as judges are seen today • The authority of the court depended on the communal respect for the legal processes • This person was appointed by the King and their purpose was to advise the King on legal decisions

5. Brief Background on the Brehon Laws • Laws were not handed down by the King and there was not a government that created enforced laws • Laws were customs of the people, organized by jurists and represented hundreds of years of social development • People were their own police • Maintenance of the law was not due to a central power but rested with the peer pressure within the local clan • Threat of sanctions, loss or reduction of status were effective enough to enforce the laws

6. Class Structure • These rules or law were governed by the Brehon or judges / arbitrators based on a class structure • Ri: These were the rulers • Nemedh: These were the “privileged” of noble class and upper levels of society. • Included historians, healers, law-keepers, and certain trades such as stone mason and metal workers, etc. • Controlled tribal land • Aire: Rent paying freemen who owned property and cattle or other moveable goods. • Not privileged and did not own land but would rent land from landholder for taxes

7. Class Structure • Airidhor Bo-aire: Free tenants who held little if any land • Middle class represented the largest of the clan members • Included farmers, herdsmen as well as other trades and crafts with the exception of precious metal workers, which were considered privileged • Non-free: This class was made up of three classes, Bothach, Sencleithe, and Fuidir • Bothachand Sencleithe were herdsmen, laborers, or other unskilled laborers or squatters • Poor and depending on the Menmedh • Considered part of the tribe and although had few rights, they were valuable because of the their labor force • Could live within the tribal territory

8. Class Structure • The Fuidir were the lowest class, were not members of the tribe, and had no land rights • Allowed to live in the territory but could be expelled • They were made up of Saer and Daer • Saer were of higher rank and although speculation about their “freedom” exists, they were not the lowest • Daer, which were slaves taken from battle, escaped criminals or convicted of a crime and unable tot make restitution

9. Tell me more…. • The Senchas Mar or “the great tradition” is the largest and most famous of the law tracts • Compiled in the middle of 8thcentury • New prologue added in 1100 as legend tells by Saint Patrick who convened a Commission of Nine (3 bishops, 3 kings, 3 Brehons) to write down the ancient Irish laws • Amalgamation of pre-Christian Irish law and Christian teaching.

10. Three parts or “Tracts” • Divided into three parts: • First tract • Discusses legal procedure known as distraint • Discusses hostages or a certain kind of surety • Discusses marriage, fosterage of children, and client-ship • Discusses customary law that deals with the duties and rights of members of the tribe or clan nation toward each other

11. Three parts or “Tracts” • Second tract • Describes procedures for bringing a law case • Rights of land owners near waterways • Rights of women, inheritance and contracts • Ended with a tract on theft however only the first few lines were preserved

12. Three parts or “Tracts” • Third tract • Concerned with the care of the wounded person and provisions for the custom of sick maintenance, which by the time of the tract had moved out of favor for less cumbersome practices

13. Where have they been? • Many of the manuscripts have been lost or destroyed • Tudor conquest of Ireland led to many Irish documents being destroyed • Not translated until modern times • About 2,000 pages survive however only a fraction have been translated • Published late 19th century was first and remains only complete translation into English of full legal text collection.

14. Where have they been? • Why? • Scholars would need to be able to understand three levels of Irish language, which changed drastically over centuries and in some cases has been lost • Original law texts written in old Irish (600-900 AD) • Subsequent scribes and jurists added explanatory notes onto the original texts in middle Irish (900-1200 AD) • Commentary was added in early modern Irish (1200-1650) • So any translation effort needs to take into account 3 levels of language • As previously stated, some languages were lost • 16th century, use of Irish language was prohibited by English law so knowledge of the language was virtually eradicated

15. Where have they been? • In the 18th century a number of manuscripts were discovered including legal texts • Property of Sir John Seabright • 1782, Engishman Colonel Vallencey received permission to inspect and publish partial translation • Championed their importance and the owner of the documents was compelled to give the manuscripts to Trinity College, Dublin where they remained until 1824 virtually unnoticed

16. Where have they been? • 1852 Queens High Commission issued order to translate • At this point the language was unfamiliar and almost undecipherable to scholar • Six volumes were published between 1865 and 1901 • However their accuracy was later corrected • Next major effort 1920s and 1930s by an Irish historian MacNeill during a renaissance of interest in Gaelic tradition • Published two tracts or books on organization of society and corrected errors made in previous publications • 1978 DA Binchey, foremost scholar at the time in Irish law published Corpus IurisHibernici, a complete translation of ancient law • Not in English

17. Brehon Laws and Food/Nutrition These laws gave a unique glimpse into the role food, in particular, played in this caste system of laws and observances • Food staples were one of the tools used to pay taxes, currency, marital and divorce actions, and contracts • Specific laws pertaining to food source, food, and nutrition • Dishing out Punishment and Penalties • Recognize and keep hierarchy in the clan system • Using references as a starting point to understand relationship of food sources and their use

18. Food as a tool in laws • Celtic Ireland did not have coins for currency so used cows, especially milking cows, as unit of value • Basic value was a cumal equivalent to a milking cow and her calf • By the 8thand 9th century this system was replaced by silver with the equivalent values were one milk cow equaled one ounce of silver • Coinage introduced during the Viking Age in 10thcentury

19. Taxes and Rent • Payment and Taxes from tribesman to their chief are documented in the Laws relating to Land • Each year each tenant and tradesman was to provide their chief a Bestigi or “house tribute” or a Biatad “food-supply” • Dependant on the type of tenant they were • Consisting mainly of food supplies in the form of cows, pigs, sheep, goats, corn, bacon, butter, honey, onions, malt • Lowest level of adult freeman defined as having enough land to support seven cows for a year • Annual tax for this freeman is one cow

20. Taxes and Rent • Pigs are mentioned specifically as being used in payment of taxes to the King • Pigs were a main staple of meat for most households in medieval Ireland and were often smoked, enabling their meat to be kept for long periods of time • They could be kept cheaplybecause they did not compete with the other livestock for grass and were able to roam free in the woods eating acorns

21. Beekeeping in Brehon Laws • Honey was widely known and used both in cooking, as a condiment and sweetener, and as an ingredient in mead • Beekeeping was considered a respect profession and was regulated specifically by the Brehon Laws • Bechbreactha (Bee Judgments or Bee Laws) which are over 200 pages long written mainly before 1350 • Covered ownership of swarms, hives, and honey production

22. Beekeeping in Brehon Laws • Specific examples: • Required 3 years for a bee colony to become large enough to swarm and topics such as tracking and ownership • Honey was produced in large quantity, defining a vessel of honey or “four honey” being a container a man could raiser no further than to his knees • An owner of a beehive was obliged every third year to a portion of his honey among his neighbors, because the bees has gathered honey off the neighbors land

23. Marriage and Divorce • Divorce and marriage tract is a very well documented section in the Senchas Mar and provides details on food and food sources that were used as bride prices, martial decision making, and distribution of wealth when a marriage ended • Cain Lanamnaor Tract on Marriage and Divorce Law, the rights of husband and wife (or concubine or secondary wife) “marriage of common contribution”, “Marriage of man-contribution” and “marriage of woman-contribution” (law recognized polygamy) • Cattle were common contributors to dowries and how property was divided in cases of divorce

24. Marriage and Divorce • Martial Decisions • A married woman’s contractual rights depended on the nature of the marriage or who brought the wealth to the marriage and thereby had the power in the relationship • If the woman carried no wealth, the contracts made by her husband did not need the approval of the wife with the exception of purchase and sale of essentials such as clothing, food, cattle, and sheep

25. Marriage and Divorce • Division of property from divorce • Dependent on reason, fault, and position in marriage • Includes different percentage division of cattle, dairy (such as milk, butter, and cheese), fodder corn, and salt meal, pigs, and sheep • At the very least, a sack of corn for every month that remains until the year end (i.e. until the first May next following the time they part)

26. Contractual Defects • Certain amount of time allowed for defects within a contract was 10 days unless in the case of latent defects for instance with animals • The discovery time limitations were extended to: • 1 year for horse • 9 months for cattle • 4 months for sheep, goats, and pigs

27. Laws pertaining to food source, food, and nutrition • Given their status as currency, extreme importance was put on cattle and land in Ireland • Land and cattle represented wealth and wealth represented status • Many laws were created within the Brehon system that speak specifically on land and livestock

28. Laws pertaining to food source, food, and nutrition • Trespassing was of particular note in Brehon laws • Laws to cover every contingency such as neglected fences caused cattle or pigs to wander onto neighbors land • A section within the Brehon Laws that discussed poultry and lists fines for the trespassing of fowl • Including measures to ensure poultry do not trespass

29. Laws pertaining to food source, food, and nutrition • When an offense was committed under physical or mental stress the penalty could be reduced or eliminated. • There was no offense for a homeless person who stole a piece of food • Herbs for the invalid or a morsel of food particularly desired by a pregnant woman could be taken without permission and without penalty • Was actually against the law for a man to deny a pregnant woman “any morsel of food” to a pregnant woman

30. Laws pertaining to food source, food, and nutrition • Sick Maintenance consisted of obligations of a wrong doer to the victim that required healing • If after nine days a physician determined that the victim would survive, but needed additional time to nurse back to health • Part of this set of rules included detailed treatment guidelines for the long term care of the invalid, including what they were to be served for food • Basic fare included: • Plentiful supply of water • Two properly baked loaves of bread every day • Unlimited amount of celery because of its healing properties • Salt meats were given to member of the nobility • Patients with the highest ranks could claim to be provided ale • Requirement for complete quiet for the invalid including no games, no scolding children, no fighting, no dog fighting, but specific to this class, no pigs squeal

31. Do the crime…pay the fine • Laws were very strict on intruders and for trespassing, with increasing fines depending on the intrusive nature of the actions • Example: if one peered into through the window the fine was one cow • Animal trespassing: the most severe was that of pig trespassing because they not only ate crop but trampled and dug up roots. • Large pig fine = sack of corn • Middle size pig = half a sack of corn • Sucking pig = a mam of corn or all the corn it is possible to raise between two hands

32. Do the crime…pay the fine • Fines were carefully laid out for cattle stealing and damage by dogs on cattle • For damage done to bees, a fine would be equivalent to the number of damaged kishes(hives) • Anarra, was a large fine, not consisting of the same substances as those lost or stolen • Usually consisted of three different substances. For example if the theft was in corn, the fine would be 1/3 barley, 1/3 wheat, 1/3 oats

33. Do the crime…pay the fine • Distraint by fasting • The Troscead or “fasting upon one” consisted in going to the house of the offender and waiting at his door a certain time without food • Personal injury cases • Irish law provided for payments for injuries of various kinds • The fixed fines were intended to cover fear of death, gravity of sickness, and the extent of the blemish • Cause lump or bruise on someone else (white wound) = 2 milking cows and 1/7 of victims honor price • Cause bloodshed (red wound)= 2.5 milking cows (cow and her calf) and ¼ of the victims honor price • Death = 21 milking cows and victim full honor price • May change depending if the wound left a mark (scar)

34. Hierarchy in the Clan • Law text on status, CrithGablach, documented general information on the amount of land owned by different classes in order to maintain status • They believe that someone could rise above their status given at birth • Land was measured in terms of how many cows it could maintain • Legal text written in approximately 700 AD defines how much land farmers, in each rank, had to own to be considered to have the lowest status of adult freeman • The amount of land was equal to seven cumals which represented enough pasture for seven cows for one year

35. Hierarchy in the Clan • Lists domestic utensils and animals that certain level of classes would own such as seven cows, three dry cattle, ten sheep, five pigs, two horses, three hens, and a rooster • Women could be independently wealthy • Based on her earnings from her skills and profits from profession or from successfully farming the kins land in order to gain enough to buy her own land • One documented text example refers to a female landowner who possessed 700 cows, as we have seen a major contributor to currency

36. Hierarchy in the Clan • Fostering of children was the custom of placing children during their youth in the charge of other members in the clan • Not known as to the reason, but thought to strengthen the bond within the clan kinship • Even within that system existed the class structure for food What are their victuals? Leite=stirabout is given to them all; but the flavouring…namely, salt butter for the sons of the inferior grades, fresh butter for the sons of chieftains, honey for the sons of kings… Stirabout made of oatmeal on butter-milk or water is given to the sons of the Feini grades, and a bare sufficiency of it merely, and salt butter for flavouring. Stirabout made on new milk is given to the sons of the chieftain grades, and fresh butter for flavouring, and a full sufficiency of it is given to them; and this stirabout is made of barley-meal. Stirabout made on new milk is given to the sons of kings, and it is made of wheaten meal, and honey for flavouring.

37. Hierarchy in the Clan • Legislative Assemblies • Each clan had an assembly member called a Tocomra which was held in the home of a sort of officer called a Biadhtach • Home was public property although privately owned • Would have a home with 5 doors facing in opposite direction • Always a pot of meat boiling • And cattle and pigs on the premises fat enough for killing

38. Stepping off point • Now that you have some information, look deeper • Use references as a starting point to understand relationship of food sources and their use • Religion: Cattle had particular importance ie Feast of St Brigid or Imbolic • Superstition: Bread considered a “talisman against hunger”andplayed a role in superstitious traditions • Traveling with a crust of bread in your pocket to avoid hunger • Placing oat bread and cakes as offerings

39. Stepping off point • Now that you have some information, look deeper • Culture: The old Irish proverb told by a Sean O Conaill, a famous Irish storyteller, told of the origin of pigs coming from a piece of fat provided by St. Martin to a farmer who had only cattle • Even the titles of geographical areas are often associated to pigs or boars such as Kanturk (Boar’s Head) and RosMuc (headlead of pigs) • There are many examples of the pig’s representation in literature and folklore that even reference down to the different parts of a pig to eat such as bacon, hams, and sausages.

40. Thank you Questions ?

41. References Charles-Edwards, T. & Kelly, F. (1983). Bechbretha: an old Irish law-tract on bee-keeping. School of Celtic Studies, Dublin Institute Advanced Studies. pp.xii + 214 pp. Corrain, D. (1985) Marriage in Early Ireland. Retrieved from http://www.ucc.ie/celt/marriage_ei.html Corrain D. (2005) Cain Lanamna: Section 28. University College, Cork. Retrieved from http://www.ucc.ie/celt/published/T102030/index.html Duggan, C. (2013). The Lost Laws of Ireland: How the Brehon Laws Shaped Early Irish Society. Glasnevin Publishing. Dublin, Ireland. Grinnell, L. (2012) The Brehon Laws A Legal Handbook. Original publish date 1894. Forgotten Books. Joyce, P.W. (1906) A Smaller Social History of Ancient Ireland. Retrieved from www.libraryireland.com Mac Con Iomaire, M. & Cully, A. (2007). The History of Eggs in Irish Cuisine and Culture. Dublin Institute of Technology School of Culinary Arts and Food Technology Retrieved from http://arrow.dit.ie/tfschcafcon/?utm_source=arrow.dit.ie%2Ftfschcafcon%2F4&utm_medium=PDF&utm_campaign=PDFCoverPages Mac Con Iomaire, M. (2003). The Pigs in Irish Cuisine past and present. Dublin Institute of Technology School of Culinary Arts and Food Technology. Retreived from http://arrow.dit.ie/tfschcafcon/?utm_source=arrow.dit.ie%2Ftfschcafcon%2F1&utm_medium=PDF&utm_campaign=PDFCoverPages. Sinder, J. (2001) Irish Legal History: An Overview and Guide to the Sources. Law Library Journal. Vol 93:2, Pp. 231-247. Retrieved from http://www.aallnet.org/mm/Publications/llj/LLJ-Archives/Vol-93/pub_llj_v93n02/2001-10.pdf Tauber. J. (1999). The Brehon Law. Retrieved from http://www.jimtauber.com/brehon-laws.html