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The Brehon Laws (1st draft)
Brehon Law
The primary aspect to Brehon Law is that there is no capital punishment, all misdeeds, torts, civil actions and criminal judgements are paid as restitution to the wronged party. In a society that far pre-dates coinage, restitution is paid as property, livestock, crafted items and weapons, community service or direct services to the wronged party, even indentured servitude. Restitution is predetermined for each breach of law and scaled by rank of the person in Celtic society. Those who do not or cannot pay are considered outlaw - expulsion from clan, and in some cases tribe/kingdom.
Brehon is the title of the Law-Keeper, an arbitrator and advisor to the King or clanhead (not a judge that is reserved for the King), one of the Druid Trait, requires years of training and memorization of the laws and precedents since the earliest time to present. He was entrusted to telling the truth, as he would become liable for restitution of to the King or wronged party for giving false witness in mis-interpretting the law.
Brehon Law come in two varieties, Cain and Urradas. Cain Law applied to the entire tribe, region or all under a High King. Urradas is local law. Where there is a conflict, local law takes precedence.
In reality Brehon Laws were very complex measuring all considerations when determining restitution in a given breach of the laws. One who was an orphan and now a widower and a clan member in good-standing until the breach might pay less, than a single noble without dependants. The Brehon Laws being provided for the setting and gameplay are not meant to emulate this varied and complex system of law, rather a simplification on Celtic ideas and as a Code of Conduct expected of all clan members as a social contract that define the Celtic clan concept.
First Brehon Law: Rights and Priviledges, the Division of Celtic Society
The single household, parents and children is the basic cultural unit. An extended family usually all of the same surname of several generations is called the Sept. Several Septs and their associated property renters that all count their lineage from a common ancestor is a clan. Several localized clans of common cultural connection is a tribe, which is considered the smallest political unit and led by an elected King, with an administration of druids, a warband of 27 clan warriors and artisans.
Ri - (king) tribal leader, multi-tribal overking, or regional High King is an elected individual from among the noble caste (nemedh) and chosen as the best example physically, by his judicial reason, skill at arms, science or craft. An elected tempory leader could be placed such as a warrior king during time of conflict or war that supercedes the elected Ri. If for any reason the Ri proves unworthy or loss of ability, by vote he can be removed followed by an extended election period to name a new Ri.
Even the rent-paying middle class have a vote, though higher rank clan member votes have higher value than a renter's vote. Thus a level of democracy existed in clan society under Brehon Law.
The Ri retained all his previously owned properties, as well as additional lands to support his fighting force, crafters, etc - essentially his own village, as well as property for the Burgh (hostel/hospital)
Hereditary land ownership did not exist, all properties are held to better serve the greater community, though clans maintain such properties over generations which implies a kind of general ownership.
Nemedh (priviledged or noble caste) - sometimes refered to the Flaith, include all clan warriors, members of the druid caste, and professional craftsmen: stone masons, artisan smiths, weaponsmiths. Basically all PCs in a typical Celtic or Land of Keld setting are all members of the noble caste. Though a nemedh's word and rank carry more weight in legal decisions, transgressions voted against member by many lower ranked persons can defeat his noble rights. Nemedhs can be downgraded in social rank due to atrocious crimes and transgressions, failure to pay restitution. Do to their higher social standing crimes committed have greater restitution based expectation to obeying Brehon Law as a noble. [Such actions affect Code of Conduct and the Glory rank.]
All nemedh possess extensive tracts of land, much of it is rented out to farmers and lesser craftsmen, merchants and laborers to the greater community.
Aire are rent paying freeman who own property including cattle and other movable goods, they could not "own" land, but paid rent in the form of cattle or a percentage of the harvest. An aire that accumulates enough property can be elevated to nemedh. The aire can themselves rent rented land to the ceile. The aire can participate in government (they get a vote), like the nemedh and Ri.
Ceile are free tenants. They hold little property nor rented land from the Fliath. If they accumulated enough property, they could rise aire. Also called Fiene, they formed the greater body of the populace and the farming class. Lands they worked were either common tribal land or land of the Fliath. The ceile include the farmers and herdsmen, the traders and crafters. In some cases crafters of precious metals for example could rent property and carried a higher status than other ceile.
Non-Free castes
Bathach are herdsmen, horse-handlers, other unskilled laborers and squatters of wasteland. They were the poor and depended on the good gracies of the Fliath for survival. They had almost no rights, but could bear witness against someone of higher social rank.
Saer-Fuidir are not free, but law-abiding and coming into the district voluntarily with somewhat favorable terms to getting land to live and work. They had no voice in government and could not bear witness.
Daer-Fuidir are the lowest social caste in the tribe, including captives taken from battle, escaped criminals, those accused of crimes but cannot make restitution, and slaves. The Law favors emancipation and it is possible to be elevated to Saer-Fuidir, or in rare cases even higher.
In all cases the gender of caste members in land rights, voting or bearing witness is equal. Women had as much rights as men in all things, even the right to be vote a Ri.
GP
Brehon Law
The primary aspect to Brehon Law is that there is no capital punishment, all misdeeds, torts, civil actions and criminal judgements are paid as restitution to the wronged party. In a society that far pre-dates coinage, restitution is paid as property, livestock, crafted items and weapons, community service or direct services to the wronged party, even indentured servitude. Restitution is predetermined for each breach of law and scaled by rank of the person in Celtic society. Those who do not or cannot pay are considered outlaw - expulsion from clan, and in some cases tribe/kingdom.
Brehon is the title of the Law-Keeper, an arbitrator and advisor to the King or clanhead (not a judge that is reserved for the King), one of the Druid Trait, requires years of training and memorization of the laws and precedents since the earliest time to present. He was entrusted to telling the truth, as he would become liable for restitution of to the King or wronged party for giving false witness in mis-interpretting the law.
Brehon Law come in two varieties, Cain and Urradas. Cain Law applied to the entire tribe, region or all under a High King. Urradas is local law. Where there is a conflict, local law takes precedence.
In reality Brehon Laws were very complex measuring all considerations when determining restitution in a given breach of the laws. One who was an orphan and now a widower and a clan member in good-standing until the breach might pay less, than a single noble without dependants. The Brehon Laws being provided for the setting and gameplay are not meant to emulate this varied and complex system of law, rather a simplification on Celtic ideas and as a Code of Conduct expected of all clan members as a social contract that define the Celtic clan concept.
First Brehon Law: Rights and Priviledges, the Division of Celtic Society
The single household, parents and children is the basic cultural unit. An extended family usually all of the same surname of several generations is called the Sept. Several Septs and their associated property renters that all count their lineage from a common ancestor is a clan. Several localized clans of common cultural connection is a tribe, which is considered the smallest political unit and led by an elected King, with an administration of druids, a warband of 27 clan warriors and artisans.
Ri - (king) tribal leader, multi-tribal overking, or regional High King is an elected individual from among the noble caste (nemedh) and chosen as the best example physically, by his judicial reason, skill at arms, science or craft. An elected tempory leader could be placed such as a warrior king during time of conflict or war that supercedes the elected Ri. If for any reason the Ri proves unworthy or loss of ability, by vote he can be removed followed by an extended election period to name a new Ri.
Even the rent-paying middle class have a vote, though higher rank clan member votes have higher value than a renter's vote. Thus a level of democracy existed in clan society under Brehon Law.
The Ri retained all his previously owned properties, as well as additional lands to support his fighting force, crafters, etc - essentially his own village, as well as property for the Burgh (hostel/hospital)
Hereditary land ownership did not exist, all properties are held to better serve the greater community, though clans maintain such properties over generations which implies a kind of general ownership.
Nemedh (priviledged or noble caste) - sometimes refered to the Flaith, include all clan warriors, members of the druid caste, and professional craftsmen: stone masons, artisan smiths, weaponsmiths. Basically all PCs in a typical Celtic or Land of Keld setting are all members of the noble caste. Though a nemedh's word and rank carry more weight in legal decisions, transgressions voted against member by many lower ranked persons can defeat his noble rights. Nemedhs can be downgraded in social rank due to atrocious crimes and transgressions, failure to pay restitution. Do to their higher social standing crimes committed have greater restitution based expectation to obeying Brehon Law as a noble. [Such actions affect Code of Conduct and the Glory rank.]
All nemedh possess extensive tracts of land, much of it is rented out to farmers and lesser craftsmen, merchants and laborers to the greater community.
Aire are rent paying freeman who own property including cattle and other movable goods, they could not "own" land, but paid rent in the form of cattle or a percentage of the harvest. An aire that accumulates enough property can be elevated to nemedh. The aire can themselves rent rented land to the ceile. The aire can participate in government (they get a vote), like the nemedh and Ri.
Ceile are free tenants. They hold little property nor rented land from the Fliath. If they accumulated enough property, they could rise aire. Also called Fiene, they formed the greater body of the populace and the farming class. Lands they worked were either common tribal land or land of the Fliath. The ceile include the farmers and herdsmen, the traders and crafters. In some cases crafters of precious metals for example could rent property and carried a higher status than other ceile.
Non-Free castes
Bathach are herdsmen, horse-handlers, other unskilled laborers and squatters of wasteland. They were the poor and depended on the good gracies of the Fliath for survival. They had almost no rights, but could bear witness against someone of higher social rank.
Saer-Fuidir are not free, but law-abiding and coming into the district voluntarily with somewhat favorable terms to getting land to live and work. They had no voice in government and could not bear witness.
Daer-Fuidir are the lowest social caste in the tribe, including captives taken from battle, escaped criminals, those accused of crimes but cannot make restitution, and slaves. The Law favors emancipation and it is possible to be elevated to Saer-Fuidir, or in rare cases even higher.
In all cases the gender of caste members in land rights, voting or bearing witness is equal. Women had as much rights as men in all things, even the right to be vote a Ri.
GP