
by Vincent
Salafia

INTRODUCTION
The poem below was found at the end of an ancient Irish
legal, entitled Crith Gablach, dated around the seventh century. In
many ways it speaks for itself, and the primary purpose of this essay
is to perform a simple act of conveyance. It rests here, shrouded in
the original mystique of its birth and the reader may come to his or
her own conclusions as to meaning and importance. The reader is reminded
that the real veil covering these words is not the passage of time,
or some ancient indeology, but rather our own 'learning' and assumption.
The observations that follow are not a line by line dissection but rather
an expression of simple appreciation. However, the simple miracle of
it's very existence today must be placed beside the tragic story of
it's arrival here, where most of you will be reading it for the first
time. The poem, and it's story raise a number of questions that reach
out of the past and fasten themselves on our very assumptions of all
it is to be Irish and indeed human.
An
Early Legal Poem.
Translated by D.A. Binchy
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1.
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Ma be ri rofesser, |
If thou be a king thou shouldst know |
2.
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recht flatho, |
the prerogative of a ruler, |
3.
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fothuth iar miad, |
refection according to rank, |
4.
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mesbada slog |
contentions of hostings, |
5.
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sabaid cuirmthige, |
sticks quarrels in an alehouse |
6.
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cuir mescae; |
contracts made in drunkenness; |
7.
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mess tire, |
valuations of lands, |
8.
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tomus forrag, |
measurement by poles; |
9.
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foberta diri, |
augmentations of a penalty, |
10.
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dithle mesraid; |
larceny of tree-fruit; |
11.
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mormain mrugrechto: |
the great substance of land-law: |
12.
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mrogad coicrich. |
marking out fresh boundaries. |
13.
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cor cualne, |
planting stakes |
14.
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corus rinde, |
the law as to points of stakes, |
15.
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ranh eter comorbu, |
partition among co-heirs |
16.
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comaithig do garmaim |
summoning of neighbors, |
17.
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gaill comlainn, |
stone pillars of contest |
18.
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caithigthi astado |
fighters who fasten title |
19.
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anagraitto rig, |
from a king, |
20.
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righ comairge; |
the extent of protection; |
21.
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corus co sesser: |
right of the fine up to the sixth man: |
22.
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setaib seilb. |
in movables of land. |
23.
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Slan cach comaithches |
Valid is every neighbor-law |
24.
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cuirther gallaib, |
that is contracted by pledges, |
25.
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gelltar smachtaib miach. |
and secured by fines consisting of sacks. |
26.
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Mo laugu |
Greater or smaller |
27.
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log ndire. |
is the value of penalties. |
28.
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Dire n-aurbai |
The penalty for breaching a boundary |
29.
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o dartaid co dairt |
from a bull-calf to a heifer-calf |
30.
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dochum colpthaige |
from that to a yearling beast |
31.
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co coic seotu cingith. |
up to five seoit it extends. |
32.
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Cia annsom fidbeime |
What are the most oppressive cases of tree-cutting |
33.
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fiachaib bacth? |
for which fools are mulcted? |
34.
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Briugid caille, |
The hospitallers of the forest, |
35.
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coll eidnech. |
the ivied hazel. |
36.
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Esnill bes dithernam |
A danger from which there is no escape |
37.
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dire fidnemid nair. |
is the penalty for felling the sacred tree. |
38.
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Ni bie fidnemid |
Thou shalt not cut a sacred tree and |
39.
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fiachaib secht n-airech, |
escape with fines for the seven noble trees |
40.
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ara teora bu |
on account of the fine of three cows |
41.
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inna bunbeim bis. |
that is fixed for cutting its stem. |
42.
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Biit alaili secht |
There are others, seven |
43.
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setlaib losae. |
atoned for in seoit due for undergrowth. |
44.
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Laumur ar dochondaib |
Let me venture for the benefit of the immature |
45.
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dildi cailli: |
to state the immune things of the forest: |
46.
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cairi fulocht benar, |
a single cauldron's cooking wood that is cut, |
47.
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bas chnoe foisce |
a handful of ripe nuts |
48.
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frisna laim i saith soi. |
to which one stratches not his hand in satiety. |
49.
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Slanem de |
Freest of all |
50.
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dithgus dithli. |
is the right of removal. |
51.
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Dire ndaro, |
The penalty for the oak, |
52.
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dire a gabal mar, |
the penalty for lobbing its larger limbs, |
53.
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mess beobethad; |
with its life-sustaining mast; |
54.
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bunbem n-ibair |
the stem-cutting of the yew; |
55.
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inonn cumbe cuilinn, |
the same penalty for cutting the holly tree. |
56.
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Annsom de |
Most oppressive of all |
57.
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dire secht n-aithlech |
is the penalty of the seven commoners of the forest |
58.
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asa mbi bo: |
for each of which there is a cow of payment: |
59.
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bunbeim beithe, |
the stem cutting of the birch, |
60.
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baegal fernae, |
the peril of the alder, |
61.
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fube sailech; |
the undermining of the willow, |
62.
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dluind airriu aithgein |
declare restitution for them, |
63.
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anog sciath |
the maiming of the whitethorn |
64.
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sceo draigin; |
and of the blackthorn; |
65.
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dringid co fedo forball, |
its restitution extends to the undergrowth of the
wood, |
66.
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forball ratho, |
the undergrowth of fern, |
67.
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raited, aine, |
of bog-myrtle, of reeds, |
68.
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acht a ndilse do flaithib. |
save that these are free to lords. |
69.
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Fothlac, tothlae, |
Stealthy penetration, stealthy intrusion, |
70.
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tan, an, |
driving to and fro, |
71.
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aircsiu, arach |
looking on idly, tethering |
72.
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attrab, follscud, |
squatting, burning, |
73.
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fuillechtae iadad; |
blocking tracks; |
74.
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airlem en, |
overleaping by birds, |
75.
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oss, eisrechtae, |
deer and pet animals, |
76.
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airlim con, |
overleaping by dogs, |
77.
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caithchi bech, |
trespass by bees; |
78.
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biit i trenaib dire |
in thirds are payable in penalties |
79.
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ton-accomoing tairgille; |
which the preliminary pledge comprehends; |
80.
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taurrana, tairsce, |
driving forward, traversing, |
81.
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taulberna tar rout, |
sudden breeeches across the road, |
82.
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ruriud tar selba. |
stampeding across holdings. |
83.
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samsil trachta. |
similarly over strands. |
84.
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Tomus airchinne |
Measurement of the fore-end |
85.
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co n-aurchur flescaich, |
with a cast by a stripling, |
86.
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forsciu mrugrechto, |
supervising the observance of land-law, |
87.
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mrogad cocrich, |
marking out fresh boundaries, |
88.
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caithche tigradus, |
final responsibility for trespass. |
89.
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Tairgget smachta |
Let fines be forthcoming |
90.
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iar cintaib coicthi |
on the fifth day after the offenses |
91.
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a coir comaithech. |
according to the law of neighbors. |
92.
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Cid ag con-ranna fri et? |
What single ox shares liability with the drove? |
93.
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Cid airlimm n-oenoirec? |
What overleaping by a piglet shares liability with
the herds? |
94.
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Cis tana di-chiallatar |
What are the drivings carried out negligently |
95.
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dona segar tigrathus? |
for which final responsibility is not enforced? |
96.
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Cis tuarrana foichlithi |
What are the concealed drivings forward |
97.
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forsna soi fogeltath? |
on which grazing-expense does not fall? |
98.
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Cis formenn dichmaire |
What are the unauthorized stalkings |
99.
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do-sliat dilsi? |
which deserve immunity? |
100.
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Cis dithle di threbaib |
What are the larcenties from houses |
101.
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nad tuillet dire? |
which shall not entail penalty? |
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The corpus of ancient Irish law, known as the Brehon laws,
have never been read by modern people, despite the fact that they were
rediscovered a century and a half ago. It represents all that remains
of an immensely complex and progressive legal system that functioned
in Ireland for a period of at least 1,000 years, until it's annihilation
in the mid-seventeenth century. This signified the complete conquest
of Ireland by England. Finally, there is a movement underway to bring
the laws out of the shadows. While many have been lost forever, the
publication of the Corpus Iuris Hibernici, in 1978, by Professor D.A.
Binchy, collected the contents of the all the vellum legal manuscripts
(dating from seventh to twelfth centuries) still in existence.
The CELT Project (Corpus of
Electronic Texts), underway at University College Cork, Ireland, is
in the process of scanning, indexing and making the laws available
on the internet for complete dissemination and translation. It is
a monumental task. The laws are written, with their accompanying glosses
and commentaries, in Old, Middle and Early Modern Irish. The corpus
contains upwards of two million words, with only a handful of qualified
scholars to do the work of translation. The biggest problem, however,
seems to be funding, with the Irish Government and people largely
unaware or unconcerned with the plight of the laws and CELT struggling
to find funding to even compensate one scholar. This exercise is an
attempt to put the issue in perspective and fathom why.
For centuries, scholars have discredited the Brehon laws as bad law
and bad literature, a seemingly unwanted reminder of both Golden and
Dark Ages, unbearable in either instance. Since their rediscovery
and partial publication around the turn of the century, many have
indeed praised them. Yet, no one wanted to 'own' them, with each literary,
legal, historic, political or religious camp formulating reasons as
to why they do not belong in their domain. Thus, they fell through
the cracks. The last ten years have been witness to revived interest
in the laws. Yet, the problem of definition remains, more controversial
than ever. If they are law, why are they not studied and practiced
as such. If literature, why don't they appear in any literary collections
or degree programs? If politically relevant, why is it that the founders
of the Republic of Ireland in 1921 did not reclaim them, instead of
reaffirming the English common law system? Today, they are tossed
around Irish parliamentary debate as legendary precedent for proposed
legislation, without even knowing what they say. What is the legal
effect of this? Is it somehow a final unofficial recognition of the
true common law heritage of Ireland. If so, why doesn't the Irish
government allocate money to their translation and publication, and
officially reincorporate them in some form?

TABLE
OF CONTENTS
INTRODUCTION
LAW
LITERATURE
LEGEND
RESTORATION

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