Peter Tremayne - Penance of the Damned

Brehon Faolchair smiled briefly at Fidelma. ‘What I rule under this law is that Fidelma and her companions saw what they thought was a crime being committed. They had not the ability to intervene immediately but intervened as soon as they were able – that is, when they returned to Dun Eochair Mhaigh and reported the matter. The evidence has been examined and it has been judged that there was no sustainable evidence that wrongdoing had been conducted. Following on, under the law relating to aircsiu there is no argument for compensation.’

There was a silence and Eadulf could not help grinning broadly at the infuriated Brother Cuineain opposite.

‘Is there any objection to this?’ Brehon Faolchair demanded. His question was aimed more at Abbot Nannid than at the obviously satisfied Fidelma.

The abbot’s features showed little emotion apart from a certain tightening of his thin lips. He shook his head.

‘ Si finis bonus est, totum bonus erit .’ Prior Cuan smiled, speaking for the first time during the proceedings. If the end is good, everything will be good.

At that point, Airmid rose from her seat and inclined her head towards her brother.

‘I bid you excuse me from any further counsel, brother. I am sure that I have heard the essential matters that affect my position as your heir-apparent. But as a physician, other duties now call me.’

‘You are so excused, Airmid,’ Prince Donennach replied. They waited until she had left the great hall before resuming. The atmosphere was still tense.

‘Can we proceed now to the more important matter that arises since Abbot Nannid has returned with the prisoner Gorman?’ the prince suggested.

‘Abbot Nannid admits that he holds Gorman of Cashel a prisoner,’ Brehon Faolchair stated. ‘We are grateful that Gorman has been recaptured. However, the abbot holds him captive in the Abbey of Nechta. It is now his duty to hand Gorman into my custody as Brehon to Prince Donennach, so that we may formally complete our hearing under the laws of the Brehons and, if now proven guilty, decide what is to be his punishment.’

Everyone now looked expectantly towards the Abbot. The thin face of the religieux twisted as he spoke.

‘Not so,’ he said.

There were puzzled looks and Brehon Faolchair leaned forward, saying, ‘I do not understand.’

‘I have already made my views known. My duty is to a greater authority than yours. I say that you have failed in your duty to keep your prisoner safe. You allowed him to escape: that cannot happen again. The man who killed Abbot Segdae is judged guilty according to the law of the Faith. He is now my prisoner and will remain my prisoner until …’ he paused dramatically ‘… until he is executed tomorrow at noon in accordance with the Penitentials that have now been adopted as the rules of the Abbey of Nechta and the New Faith.’

The gathering was in danger of breaking up in confusion. Fidelma was stunned at Abbot Nannid’s defiance of the law. It was hard to believe the man could be so confident of his position. She was aware that Prior Cuan had risen, hobbled over to Brehon Faolchair and engaged with both him and Prince Donennach in a hurried exchange. Then he returned to his seat and was about to speak to her when Brehon Faolchair called for silence. Prince Donennach wished to address them all.

‘I have been asked by Brehon Faolchair to convene an extra hearing.’ The prince’s words were uttered in a tired monotone. ‘This is not a court to assess the guilt or otherwise of Gorman of Cashel but to settle a more fundamental matter. It is an appeal lodged by Prior Cuan.’

‘We are here to try to resolve the matter of legal authority over the prisoner,’ explained Brehon Faolchair. ‘Prior Cuan of Imleach argues that the law of this land is the arbiter of all legal matters and that Gorman should be handed over immediately to the custody of the prince for trial.’

At once Fidelma was on her feet. ‘I support Prior Cuan in his appeal.’

‘I contest it.’ Abbot Nannid also rose. ‘Since we have adopted the New Faith, the laws of the Brehons were only temporary laws until we accepted those of the New Faith.’

‘Where is the proof that the laws of the Brehons were only accepted as a temporary measure?’ Fidelma challenged him. ‘In what text does it say so?’

Abbot Nannid ignored her outburst. ‘My argument is simple. The prisoner, Gorman of Cashel, killed an abbot of the Faith and should now be punished under the law of the Faith. Indeed, not only should he be, but he will be. My authority is in Holy Scripture. Does not Genesis say – whosoever sheds the blood of man, by man shall his blood be shed?’

Brehon Faolchair looked unhappy. ‘Are you claiming that your authority as an abbot is greater than that of your prince?’

‘I am.’

No one was actually expecting such a clear answer and they turned with gasps of astonishment. Prince Donennach shook off his exhaustion and sat up straight, his mouth slightly open in an almost comical expression.

Abbot Nannid smiled thinly at Brehon Faolchair. ‘At the recent Feast of Beltane there was a law council, was there not?’

‘There was a council to consider amendments to the laws,’ Brehon Faolchair admitted slowly. ‘The council meets every three years to consider the working of the laws.’

‘Obviously, you did not attend it?’

‘I did not. If you remember, there was unseasonal weather at the Hill of Uisnech when the council was held. It prevented many from attending.’

‘So you are not aware of the amendment to the laws of the Crith Gablach ?’

Brehon Faolchair looked nervously towards Fidelma but she shook her head, as puzzled as he was.

‘I presume that you will enlighten us on this amendment?’ the Brehon said to Abbot Nannid.

‘The new ruling is that an abbot, uniting the office of a bishop of the territory, is nobler than a king because the king has to rise before him on account of the Faith. It further amends that the honour price of an abbot is the same level as a provincial king.’

‘Where did you get this news of the amendments from?’ Brehon Faolchair asked, astounded.

Abbot Nannid caught Brother Cuineain’s and eye gestured for him to speak. ‘I attended the council and heard the amendment proposed and accepted,’ the steward told them all.

‘Fidelma, do you have a comment to make?’ The Brehon appealed to her.

‘I know there are many abbots and bishops who argue that they should be treated as the equal and even as the better of the rulers of the Five Kingdoms,’ she responded heavily. ‘I have also heard that there was talk of an intention to reconsider their status in the laws on the matter. Certain abbots and bishops were proposing that it be enshrined in the Crith Gablach . I believe the idea was to argue that an abbot is nobler than a king, as Abbot Nannid has just said. I have also heard that not all the leading abbots and bishops, and certainly not all the kings of the provinces, and their Brehons, were in favour and many were not able to attend this council. Therefore, whatever was decided could never have been given the authority of a full council and received the High King’s approval.’

‘What are you saying, Fidelma?’ queried Brehon Faolchair.

‘Simply, if Brother Cuineain was in attendance and has reported accurately, the council did not have proper legal authority to amend nor to circulate such decisions.’

‘Do you wish to amend your position, Abbot Nannid?’ demanded Prince Donennach.

‘I have made my argument. Even if you declare the council invalid, I have the authority to carry out the laws of the Faith as Abbot.’

‘As I see it,’ went on Fidelma, ‘even had it been accepted that you are as noble as or nobler than Prince Donennach, that does not give you the right to claim that your authority outweighs the law. Kings, abbots and even Brehons have to answer before the law on equal standing.’