The Glories of Ireland by Unknown
page 91 of 447 (20%)
page 91 of 447 (20%)
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condemned as un-Christian by the Synod held in Armagh in 1171.
CRIMINAL LAW. Though there are numerous laws relating to crime, to be found chiefly in the _Book of Aicill_, criminal law in the sense of a code of punishment there was none. The law took cognizance of crime and wrong of every description against person, character, and property; and its function was to prevent and restrict crime, and when committed to determine, according to the facts of the case and the respective ranks of the parties, the value of the compensation or reparation that should be made. It treated crime as a mode of incurring liability; entitled the sufferer, or, if he was murdered, his _fine_, to bring the matter before a brehon, who, on hearing the case, made the complicated calculations and adjustments rendered necessary by the facts proved and by the grades to which the respective parties belonged, arrived at and gave judgment for the amount of the compensation, armed with which judgment, the plaintiff could immediately distrain for that amount the property of the criminal, and, in his default, that of his _fine_. The _fine_ could escape part of its liability by arresting and giving up the convict, or by expelling him and giving substantial security against his future misdeeds. From the number of elements that entered into the calculation of a fine, it necessarily resulted that like fines by no means followed like crimes. Fines, like all other payments, were adjudged and paid in kind, being, in some cases of the destruction of property, generic--a quantity of that kind of property. Large fines were usually adjudged to be paid in three species, one-third in each, the plaintiff taking care to inform correctly the brehon of the kinds of property the defendant possessed, because he could seize only that |
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