Early Irish society was hierarchical and divided into numerous ranks.  A person’s rank was determined by his material wealth.  As a person’s fortunes changed, his rank in society could also change.  The class system was not rigid.  Every freeman was ranked, but rank was not determined by birth.  Instead, a person’s status in society was determined by his honor price.  Everyone had an “honor price”. 

The honor price had several functions in society and in law.  First, it was an assessment of his dignity, or “face”.  Honor price was called lóg n-enech literally “the price of his face".  In the old Irish language, “honor” and “face” are the same word; to make someone red in the face was synonymous with ‘offense against honor’. Among the free classes honor price was a man's most jealously guarded possession, more precious than life.  One of the most stringent punishments for an offence was the loss of one’s honor price.  Loss of honor price meant loss of social status and a decrease in rank.  It was to be avoided at all cost.

Secondly, a person’s honor price represented his or her present status in the community.  It was directly related to his material wealth.  The assessment of a person's property, that is, its character and value, including land, personal property, and clients, was vital to assess his honor price, and the honor price was an essential part of the Irish system of justice. It was symbolically represented by appropriate dress, equipment, manners, size of retinue and reputation.

Finally, the amount of compensation for any wrong depended on the amount of a person’s honor price.  The honor price was the payment due to any free man if his honor or rights were injured by another person.  The honor price fluctuated according to a man's fortunes, and this was important because compensation for wrongs was directly related to it. Consequently, the honor price was the most important element in the legal status of every freeman.  Native Irish law never subscribed to the principle of all citizens being equal before the law.  Thus an offense against a person of high rank entailed a greater penalty than the same offense against a person of lower rank.

If a person injured someone, a penalty was imposed.  When the penalty imposed was a fine, the fine was determined according to the level of the offense.  On the other hand, if the penalty imposed was the payment of a portion of the injured person’s honor price, it was according to the rank and quality of the person to whom it was paid. Thus, the requirement of the payment of a person’s honor price was a more serious penalty than a fine.  At a later stage of development, fixed penalties for specific crimes were established and enforced equally regardless of the rank of the victim. 

Catherine Duggan is an attorney and the author of "The Lost Laws of Ireland, How The Brehon Laws Shaped Early Ireland."

 

Views: 959

Tags: Brehon, Celtic, History of Ireland, Law

Comment by Greg Lynch Jr on November 24, 2014 at 12:44pm

Whenever I see the phrase Brehon Law, I think of the really good mystery series by Cora Harrison set in Medieval Galway. The first book in the series is called My Lady Judge.

Comment by Kelly O'Rourke on November 25, 2014 at 5:21am

That sounds like a good read, Greg!

I'm glad the honor price is not in effect today.  Equality before the law is a much better ideal, even if imperfectly executed. 


Media Partner
Comment by Irish Cultural Society of GC on November 25, 2014 at 12:56pm

The content of each of Catherine Duggan's articles on the Brehon Laws teaches those of us interested in things Irish about the legal environment in ancient Ireland not usually covered in books about Ireland.  Thank you, Catherine.  In this article about Honor Price, we stand in awe of Ms. Duggan's research taking her to a study of the Irish language, no easy task.


Heritage Partner
Comment by Against The Wind on November 25, 2014 at 10:25pm

Interesting piece Catherine. Is that where the term " loss of face" originated? As in he/she suffered loss of face as a result of an action or a comment.

Comment by The Wild Geese on November 26, 2014 at 3:29am

Against the Wind - we had the same thought!

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