Lui's Code of Laws
Lui's Code of Laws
Perhaps Lui II's greatest reform was his creation of a code of laws for the Kingdom of Munster. Before the time of Lui II, Munster had many separate systems of laws which often conflicted. In the Duchies of Thomond and Old Desmond, the old Gaelic (Brehon) laws still prevailed. In the Earldom of Cork, and in the Free Cities, Norman law had taken its place. The Duchy of New Desmond, had the most complicated system of all. In New Desmond, Lui I had created a system which mixed Gaelic and Norman law, where the Norman feudal system was introduced to govern the nobility, while the punishment of crimes and other matters dealing with the lower classes were carried out under Brehon law. The mixture of different legal systems had led to a number of disputes in situations where it wasn't clear which law should apply.
Thus one of the first matters that Lui II put before his Great Council was the creation of a Code of Laws which would apply throughout the Kingdom of Munster. Lui knew that either a wholly Norman or wholly Gaelic system would be rejected by a good part of his council, so he worked on trying to create a compromise based upon the mixed system that had been in use in New Desmond. However, unlike the system in New Desmond, Lui demanded that the new Code of Laws be explicit in every detail and rely on custom and precedent as little as possible.
After years of negotiation and debate, the Munster Code of Laws was finally approved by the Great Council in 1432. The most major effect it had on the upper classes was the full imposition of the feudal system throughout Munster. Land would no longer be held by clans, and clan chiefs would no longer be chosen by Tanistry. Instead, under the feudal system, all land belonged to the King and the land controlled by the other nobles simply became fiefs. However, unlike the English feudal system, the King alone did not have the power to attain the lands and titles of the upper nobility. The Duchies of Thomond, Old Desmond, and the Earldom of Cork could only be attained with consent of the Great Council.
In instituting the feudal system, succession by male preference primogeniture was established. While succession by primogeniture had been used to choose the next King of Munster since the time of Lui I, clans O'Brien and Mac Carthy had still been electing the sons or brothers of their clan heads as Tanists. However, under the new Code of Laws, all nobility of the Kingdom of Munster would be succeeded by their eldest son, or, if they had no sons their eldest daughter. Unlike many other European Kingdoms of the time, it was established in Munster that daughters could inherit in the case that a noble had no sons. Moreover, a woman inheriting her father's lands and titles would hold them in her own right: if she married, the lands and titles would remain hers and would not pass to her husband.
While Lui's Code of Laws imposed succession by male preference primogeniture on the nobility, members of the middle classes were free to choose their own successors. While most tradespeople passed their business on to their sons, there were also a number of businesses which passed from master to apprentice or from mother to daughter. There were some even more complicated succession traditions which arose. For example, the Limerick Fish Merchant's guild began the tradition of always choosing a Mac Snorri woman as First Lady, although these women were required by the guild not to marry or bear children, thus the post of First Lady often passed from aunt to neice.
In addition to succession and property law, Lui II's code covered many other aspects of law including criminal law and a sort of constitution which outlined the powers of the King and those of the Council. However, most other aspects of the legal code more or less maintained the status quo. Crimes were still punished according to traditional Brehon law, and the powers of the Great Council had already been determined when the Council was reformed in 1423. In the end it was the introduction of the feudal system and the establishment of a formal system of succession which proved to be the most important of Lui II's innovations, as the traditional power of the clans was finally broken, and the way was paved for further modernization under the leadership of King and Council.
Lui's Code of Laws
Perhaps Lui II's greatest reform was his creation of a code of laws for the Kingdom of Munster. Before the time of Lui II, Munster had many separate systems of laws which often conflicted. In the Duchies of Thomond and Old Desmond, the old Gaelic (Brehon) laws still prevailed. In the Earldom of Cork, and in the Free Cities, Norman law had taken its place. The Duchy of New Desmond, had the most complicated system of all. In New Desmond, Lui I had created a system which mixed Gaelic and Norman law, where the Norman feudal system was introduced to govern the nobility, while the punishment of crimes and other matters dealing with the lower classes were carried out under Brehon law. The mixture of different legal systems had led to a number of disputes in situations where it wasn't clear which law should apply.
Thus one of the first matters that Lui II put before his Great Council was the creation of a Code of Laws which would apply throughout the Kingdom of Munster. Lui knew that either a wholly Norman or wholly Gaelic system would be rejected by a good part of his council, so he worked on trying to create a compromise based upon the mixed system that had been in use in New Desmond. However, unlike the system in New Desmond, Lui demanded that the new Code of Laws be explicit in every detail and rely on custom and precedent as little as possible.
After years of negotiation and debate, the Munster Code of Laws was finally approved by the Great Council in 1432. The most major effect it had on the upper classes was the full imposition of the feudal system throughout Munster. Land would no longer be held by clans, and clan chiefs would no longer be chosen by Tanistry. Instead, under the feudal system, all land belonged to the King and the land controlled by the other nobles simply became fiefs. However, unlike the English feudal system, the King alone did not have the power to attain the lands and titles of the upper nobility. The Duchies of Thomond, Old Desmond, and the Earldom of Cork could only be attained with consent of the Great Council.
In instituting the feudal system, succession by male preference primogeniture was established. While succession by primogeniture had been used to choose the next King of Munster since the time of Lui I, clans O'Brien and Mac Carthy had still been electing the sons or brothers of their clan heads as Tanists. However, under the new Code of Laws, all nobility of the Kingdom of Munster would be succeeded by their eldest son, or, if they had no sons their eldest daughter. Unlike many other European Kingdoms of the time, it was established in Munster that daughters could inherit in the case that a noble had no sons. Moreover, a woman inheriting her father's lands and titles would hold them in her own right: if she married, the lands and titles would remain hers and would not pass to her husband.
While Lui's Code of Laws imposed succession by male preference primogeniture on the nobility, members of the middle classes were free to choose their own successors. While most tradespeople passed their business on to their sons, there were also a number of businesses which passed from master to apprentice or from mother to daughter. There were some even more complicated succession traditions which arose. For example, the Limerick Fish Merchant's guild began the tradition of always choosing a Mac Snorri woman as First Lady, although these women were required by the guild not to marry or bear children, thus the post of First Lady often passed from aunt to neice.
In addition to succession and property law, Lui II's code covered many other aspects of law including criminal law and a sort of constitution which outlined the powers of the King and those of the Council. However, most other aspects of the legal code more or less maintained the status quo. Crimes were still punished according to traditional Brehon law, and the powers of the Great Council had already been determined when the Council was reformed in 1423. In the end it was the introduction of the feudal system and the establishment of a formal system of succession which proved to be the most important of Lui II's innovations, as the traditional power of the clans was finally broken, and the way was paved for further modernization under the leadership of King and Council.