The Law in Legends: To what extent is contract law applied in Torchmarc Étaine, Táin Bó Froích and Branwen, uerch Lyr and are the punishments in accordance with the law?

Abstract

Early Irish law (Brehon law, pre seventh century CE until the seventeenth century CE) and Medieval Welsh law (Laws of Hywel Dda, pre tenth century until 1536 CE) reflected the complexity of their societies and time periods. One of the major laws was contract law. Irish and Welsh myths and legends are more than tales to entertain. They were indicators of how Irish and Welsh peoples viewed their culture and their laws. The law is featured in Celtic myths and legends.

The aim of this thesis is to explore the extent to which contract law is applied in three Celtic legends. The three legends that are used are Tochmarc Étaine, Táin Bó Froích and the Welsh story, the second Branch of the Mabinogi: Branwen, uerch Lyr. Brehon law and the Laws of Hywel Dda considered marriage a contract. Therefore, to gain proper insight, this investigation also includes the law’s regulations on marriage. In addition to this, if there are breaches in the contracts, what were the punishments and were the punishments in accordance with the law.

The findings are interesting. All three legends apply contract law and the law tracts on marriage in such a way that there are two arguments possible, valid and not valid. Breaches in the contract have monetary or even further reaching consequences. This is an interesting find, because it shows good knowledge of the law. All three legends are based on an oral tradition. It is therefore possible that the bards deliberately composed the stories in this way to get an immediate reaction from the audience or to get people talking, and that the scribes added to this.