The Glories of Ireland by Unknown
page 92 of 447 (20%)
page 92 of 447 (20%)
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named, and if the defendant did not possess it, the judgment was "a
blind nut." Crime against the State or community, such as wilful disturbance of an assembly, was punished severely. These were the only cases to which the law attached a sentence of death or other corporal punishment. For nothing whatsoever between parties did the law recognize any duty of revenge, retaliation, or the infliction of personal punishment, but only the payment of compensation. Personal punishment was regarded as the commission of a second crime on account of a first. There was no duty to do this; but the right to do it was tacitly recognized if a criminal resisted or evaded payment of an adjudged compensation. Criminal were distinguished from civil cases only by the moral element, the sufferer's right in all cases to choose a brehon, the loss of _eineachlann_, partial or whole according to the magnitude of the crime, the elements used in calculating the amount of fine, and the technical terms employed. _Dire_ (djeereh) was a general name for a fine, and there were specific names for classes of fines. _Eric_ = reparation, redemption, was the fine for killing a human being, the amount being affected by the distinction between murder and manslaughter and by other circumstances; but in no case was a violent death, however innocent, allowed to pass without reparation being made. A fine was awarded out of the property of the convict or of his _fine_ to the _fine_ of the person slain, in the proportions in which they were entitled to inherit his property, that being also according to their degrees of kinship and the degrees in which they were really sufferers. This gave every clan and every clansman, in addition to their moral interest, a direct monetary interest in the prevention and suppression of crime. Hence the whole public feeling of the country was entirely in support of the law, the honor and interest of community and individual being involved in its maintenance. The |
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