Legal Definitions - Bretts and Scots, Laws of the

Laws of the Bretts and Scots

The Laws of the Bretts and Scots refer to the traditional, unwritten legal customs and practices that governed the Celtic peoples, specifically the 'Bretts' (Britons) and 'Scots' (Gaels), in various regions of Scotland during the medieval period. These were not formal statutes passed by a parliament, but rather long-standing community norms and traditions that dictated how disputes were resolved, property was inherited, and justice was administered. While these customary laws were deeply ingrained in Celtic society, King Edward I of England attempted to suppress and abolish them in the early 14th century as part of his efforts to assert English control over Scotland.

Here are some examples illustrating the application of these customary laws:

• Example 1: Clan Dispute Resolution

  Imagine two neighboring Celtic clans in 12th-century Scotland having a disagreement over the boundaries of their hunting grounds. Instead of seeking resolution through a royal court operating under English-style common law, they would likely present their case to a local chieftain or a council of elders. These arbiters would apply the Laws of the Bretts and Scots, relying on generations of oral tradition, established territorial customs, and community consensus to determine a fair outcome, rather than consulting written statutes.

• Example 2: Inheritance of Property

  Consider a scenario where a farmer, a member of a Scottish clan, passes away without a written will. Under the Laws of the Bretts and Scots, the inheritance of his land and livestock might not automatically follow the primogeniture rule (where the eldest son inherits everything), which was common in feudal English law. Instead, the community's customary practices might dictate a division among all children, or perhaps a different male relative deemed more capable of stewardship, reflecting the clan's specific traditions regarding family property and succession.

• Example 3: Recognition of Marriage and Family Status

  In medieval Celtic Scotland, the legitimacy of a marriage and the status of children might be determined by community recognition and traditional ceremonies, rather than formal church records or state registration. If a couple lived together and were publicly acknowledged as husband and wife according to the customs of their clan, their union and the rights of their children would be recognized under the Laws of the Bretts and Scots, even if they hadn't undergone a formal legal or ecclesiastical process that would be required under later legal systems.