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
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
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