Ireland is a nation with a long, bloody and somewhat peculiar history with laws to match. Over numerous centuries we have been subject to Pagan Law, Brehon Law, Church Law and more than a few dubious by-laws to name just a few. Of course, being Irish we like to amuse and have the craic and some of our bygone regulations do just that! Here are my strangest Irish Laws!
Up until 1993 Suicide was a punishable offence under Irish Criminal Law. More bizarrely, until 1964, the penalty for Suicide was…death by hanging.
The Witchcraft Act of 1735 stated that “Any person who shall pretend or exercise to use any type of witchcraft, sorcery, enchantment or pretend knowledge in any occult or craft or science shall for any such offence suffer imprisonment at the time of one whole year and also shall be obliged to obscursion for his/her good behaviour.” This meant that whether you were a Master Sorcerer cursing thousands or a charlatan soothsayer, the penalty was the same. This Act was not revoked until 2006.
Murder and Theft
Killers and robbers were for centuries given trial by way of ‘ordeal by water’. Prisoners were cast into the nearest deep body of water and if they floated they were acquitted. That sounds fair until you realise that a millstone was tied to them before they were tossed into the murky depths.
For a long time, execution was deemed the last resort for a murderer as it was felt a financial penalty would be more useful. There were two types of fine payable. One was a fixed rate regardless of the deceased. The second was an honour fine and the amount was based on kinship and status. In the event the murderer was unable to pay the fine, the victim’s family took ownership of the convicted felon and had a few options. The first was to just keep the murderer until payment was given. The second was to sell him on. The final choice was to kill him – of course then you have to pay his family and so it goes on…
Until the 1920’s in Teltown, County Meath, if a man and a woman walked towards one another on Saint Bridget’s Day, they could pronounce themselves legally wed.
Brehon Law was first documented in the 8th Century and related to many Pagan customs and ceremonies. There were several levels of ‘marriage’ relating to status, property and so on making it very complicated. Divorce and dissolution of marriage however, were a much simpler affair! A woman could call an end to her marriage after one year for a myriad of reasons including pretty much boredom. She would walk away with all she brought with her, plus everything she gained during the marriage including property provided she was a good wife. A man was legally allowed to hit his wife, however everytime he did he had to pay for it. Quite literally in fact to the point where some wife beaters would be left penniless!
Trinity College Doctrine
It has been for centuries, illegal to walk through the Trinity College Campus without carrying a sword. Oddly enough it doesn’t seem to get enforced much! Of course, if you were a stickler for the rules, carrying that sword gave you entitlement to drink wine as you sat your exams.
As if carrying that sword didn’t give you enough power, it is said that on one day a year Protestants were able to climb the Trinity bell tower called the Campanile and shoot a Catholic. Not sure what degree that would be for!
Fast and Penance by Law
In 1815 an order came from Ireland that the people of Ireland were to offer up a prayer of thanks for the Battle of Waterloo.
Prior to this in 1665, a law was issued that the people of Ireland should fast and give penance on the first Wednesday of each month in a bid to rid London of the Bubonic Plague. With the Great Fire of London not far behind, you would wonder what the Irish were praying for!
Beyond The Pale
The Pale was an area outside of Dublin City Centre which the English used as the base for their rule in Ireland and became full of English settlers. In 1590 a law was passed to prevent the sale of horses in The Pale and the penalty was death. The reason? The Crown did not want the English settlers trading with the Irish Clans who lived…wait for it…beyond The Pale! Yes, that’s EXACTLY where that saying comes from!