Saint Patrick and The Laws of Inheritance In His Day
Today is St. Patrick’s Day, a holiday dedicated to the life of the patron saint of Ireland as well as the celebration of Irish culture.
Life of Saint Patrick
St. Patrick lived a tumultuous life in 4th and 5th century Britain and Ireland. What may come as a surprise to some is that St. Patrick was not born and raised in Ireland. Rather, he was a Romano-Briton of wealthy background and referred to himself in his writings by the Latin Patricus.[1] In his lifetime alone, he saw the withdrawal of the Romans from Britain and the gradual introduction and settlement of the Anglo-Saxons from what we now call Germany.
At sixteen years old, Patrick was kidnapped by pirates and taken to Ireland where he was forced to work as a shepherd. After six years of captivity, he managed to escape and return to Britain, where he went on to Belgium to study as a priest.
Several years later he would return to Ireland, for what he saw as a singular mission to convert the Pagan peoples to Christianity. Historically, much of St. Patrick’s life’s work concerns his missionary work and the conversion of the locals, which included Irish Kings, nobles and even slavers.
In the years following his death, many legends grew surrounding St. Patrick. These include his use of a shamrock in a parable and his supposed banishment of all snakes from Ireland.
What were the Laws of Inheritance?
What may come as a surprise to some readers is that despite living over 1500 years ago, the laws of inheritance which would have been familiar to St. Patrick are recognisable to those seen in Canada and most of the world today.
Britain and Ireland in the 5th century were a complex network of cultures and legal traditions. Chief among these were the remnants of Roman law, traditional Celtic law and the emerging Anglo-Saxon law brought from northern Europe. Ireland, meanwhile, was never a province of the Roman Empire and as a result never inherited its civil laws. Instead, Ireland had its own Celtic laws and customs.
Roman Inheritance Law
We understand that the Romans recognised wide testamentary freedom, permitting the use of a written Will, or testamentum, to name an heir and dispose of one’s property. This Will could name a guardian, or tutor, for underage children and leave legacies to third parties. There was even a system for trusts, or fidei-commissa, which existed alongside Wills. The Romans also permitted Codicils, which were often in the form of letters with amendments to a Will.
If a Roman citizen failed to make a Will, or one compliant with their stringent and formulaic rules, then there were intestacy rules that governed. Intestacy was dictated by the Roman Twelve Tables, a codified system of laws established in the early Republic. Roman law generally had no concept of primogeniture, the idea that the oldest male inherited first, such that male and female children were generally treated equally.
Over time, the Romans developed further rules governing Estates, including forced heirship and certain statutory entitlements. For instances, in 178 AD the Senate decreed Senatus Consultum Orfitianum, which gave children a priority claim over an Estate over other relatives. Several years later the Senate decreed Senatus Consultum Tertullianum, which placed certain mothers in the line of succession to the Estates of their intestate children.
Celtic and Anglo-Saxon Inheritance Law
By contrast to Roman law, historians understand that the Celtic and Anglo-Saxon rules of inheritance in the 5th century were far less codified. With comparatively low levels of literacy, they were based on tribal custom, and oral tradition. Accordingly, written Wills were uncommon and laws varied significantly.
What we do know is that Celts and Anglo-Saxons of the time exercised partible inheritance, known by some as Gravelkind. Under this system, the death of a landholder dictated that the property be divided equally among his sons. While sons received equal shares of the land, the father often prescribed the division by stating which parcel of land was to go to which son.
Although life was very different for St. Patrick over a millennia and a half ago, it is interesting that throughout time, rules of inheritance were always deemed important enough to require some form of structure and governance, to varying degrees.
[1] Our knowledge and understanding of St. Patrick mainly derives from two sources: the autobiographical writing of his life, Confessio, and the Letter to the soldiers of Coroticus.
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Written by: Oliver O'Brien
Posted on: March 17, 2026
Categories: Commentary
Today is St. Patrick’s Day, a holiday dedicated to the life of the patron saint of Ireland as well as the celebration of Irish culture.
Life of Saint Patrick
St. Patrick lived a tumultuous life in 4th and 5th century Britain and Ireland. What may come as a surprise to some is that St. Patrick was not born and raised in Ireland. Rather, he was a Romano-Briton of wealthy background and referred to himself in his writings by the Latin Patricus.[1] In his lifetime alone, he saw the withdrawal of the Romans from Britain and the gradual introduction and settlement of the Anglo-Saxons from what we now call Germany.
At sixteen years old, Patrick was kidnapped by pirates and taken to Ireland where he was forced to work as a shepherd. After six years of captivity, he managed to escape and return to Britain, where he went on to Belgium to study as a priest.
Several years later he would return to Ireland, for what he saw as a singular mission to convert the Pagan peoples to Christianity. Historically, much of St. Patrick’s life’s work concerns his missionary work and the conversion of the locals, which included Irish Kings, nobles and even slavers.
In the years following his death, many legends grew surrounding St. Patrick. These include his use of a shamrock in a parable and his supposed banishment of all snakes from Ireland.
What were the Laws of Inheritance?
What may come as a surprise to some readers is that despite living over 1500 years ago, the laws of inheritance which would have been familiar to St. Patrick are recognisable to those seen in Canada and most of the world today.
Britain and Ireland in the 5th century were a complex network of cultures and legal traditions. Chief among these were the remnants of Roman law, traditional Celtic law and the emerging Anglo-Saxon law brought from northern Europe. Ireland, meanwhile, was never a province of the Roman Empire and as a result never inherited its civil laws. Instead, Ireland had its own Celtic laws and customs.
Roman Inheritance Law
We understand that the Romans recognised wide testamentary freedom, permitting the use of a written Will, or testamentum, to name an heir and dispose of one’s property. This Will could name a guardian, or tutor, for underage children and leave legacies to third parties. There was even a system for trusts, or fidei-commissa, which existed alongside Wills. The Romans also permitted Codicils, which were often in the form of letters with amendments to a Will.
If a Roman citizen failed to make a Will, or one compliant with their stringent and formulaic rules, then there were intestacy rules that governed. Intestacy was dictated by the Roman Twelve Tables, a codified system of laws established in the early Republic. Roman law generally had no concept of primogeniture, the idea that the oldest male inherited first, such that male and female children were generally treated equally.
Over time, the Romans developed further rules governing Estates, including forced heirship and certain statutory entitlements. For instances, in 178 AD the Senate decreed Senatus Consultum Orfitianum, which gave children a priority claim over an Estate over other relatives. Several years later the Senate decreed Senatus Consultum Tertullianum, which placed certain mothers in the line of succession to the Estates of their intestate children.
Celtic and Anglo-Saxon Inheritance Law
By contrast to Roman law, historians understand that the Celtic and Anglo-Saxon rules of inheritance in the 5th century were far less codified. With comparatively low levels of literacy, they were based on tribal custom, and oral tradition. Accordingly, written Wills were uncommon and laws varied significantly.
What we do know is that Celts and Anglo-Saxons of the time exercised partible inheritance, known by some as Gravelkind. Under this system, the death of a landholder dictated that the property be divided equally among his sons. While sons received equal shares of the land, the father often prescribed the division by stating which parcel of land was to go to which son.
Although life was very different for St. Patrick over a millennia and a half ago, it is interesting that throughout time, rules of inheritance were always deemed important enough to require some form of structure and governance, to varying degrees.
[1] Our knowledge and understanding of St. Patrick mainly derives from two sources: the autobiographical writing of his life, Confessio, and the Letter to the soldiers of Coroticus.
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