“There is no doubt of her identification? She had a clear view of this man, Ulam Fionn?”
“She did. There is no question,” Faichen Glas assured her. “And his flight confirms his guilt. I have pursued him for nine days now in order to bring him back to my chief for justice.”
Brehon Morann looked thoughtful.
“He has taken refuge in a church here, you say? How did you find him?”
“It was known that he had a cousin named Ulpach who dwelt in this area. I do not know the man, but I was told that they are each as bad as the other, in so far as their morals are concerned. I thought that he might seek refuge with Ulpach but I could not trace either of them. I found a shepherd that had heard a rumour that someone had sought refuge with a religieux in the chapel of St. Benignus...”
“That’s about half a day’s ride from here,” mused Brehon Morann. “I do not know the religieux who has charge of it. He is fairly new to the area, by all accounts.”
Faichen Glas nodded in agreement.
“I rode there and this man, Brother Mongan was his name, told me that he had given Ulam Fionn sanctuary. I came to you, learned Brehon, to ask whether there is any way that I can take this murderer from the sanctuary and return him to Ulaidh for trial?”
Brehon Morann sat back for a moment and then turned with a smile to Fidelma.
“My young colleague here will tell you of the rights of sanctuary.”
Fidelma coloured, feeling ridiculously proud to be called a colleague of the chief professor. “Well,” she began hesitantly, “our laws provide for a place of asylum for those fugitives who seek refuge. And the rules of the New Faith are fairly similar to our concepts. Those of our scholars who have travelled abroad find the same system common in many lands.”
Faichen Glas was obviously impatient at the preamble but a frown from Brehon Morann checked him as Fidelma continued.
“In our law we have an area called the maigen, a precinct in which a fugitive may claim sanctuary surrounding any chieftain’s home. Its extent ranges from that of a minor chieftain, where it is reckoned as the extent of one spear cast from the central house, to that of a chief of the entire clan, where it is reckoned as the extent of sixty-four spear casts from the house. In the maigen, a fugitive can claim safety from all who seek to harm him.
“With the coming of the New Faith, the abbeys, churches, and monasteries have assumed the same role as the chieftain’s maigen in our law. The place of the fugitive is confined to what they call Termonn Land.” She glanced at the Brehon Morann. “The word is borrowed from the Latin word terminus, the limit or extent of the church lands. In these areas, for a pursuer to kill or injure a fugitive is to commit the crime of díguin, the violation of protection. For that there are prescribed punishments. A fugitive cannot be captured or harmed in these areas...”
“Unless?” It was Brehon Morann who prompted her when she hesitated.
Fidelma thought for a moment. “There are three conditions that must be met. The owner of the maigen, whether secular or ecclesiastic, must have given the fugitive permission, having been given a truthful account by the fugitive of the need for asylum. Thus the owner of the maigen becomes legally entitled to act for the fugitive. The next condition is that any pursuer must be clearly informed by the owner that this place is regarded as a sanctuary. The last condition is that while the fugitive remains in the maigen he cannot use it to profit from his alleged crimes, going forth from the asylum area and attacking people and then returning to claim asylum.”
Brehon Morann nodded approval and turned to Faichen Glas.
“I presume that all three conditions have been fulfilled in the matter we are discussing?”
The northern noble looked troubled. “I know nothing of the law here. It is true that when I approached the church Brother Mongan came forward and forbade me to enter with hospitality, declaring that it was a sanctuary... what you said — a maigen dígona. That is why I came here to find out what I could do.”
Fidelma leaned quickly toward Brehon Morann. “Of course, it is not lawful for even a cleric to give protection to certain classes of fugitive, especially a murderer, indefinitely.”
Brehon Morann grimaced. “My young colleague speaks truly. But the snádud, that is, the legal protection, can be extended until guilt or innocence is made certain.”
Faichen Glas looked from one to the other with a frown.
“What can I do, then? How can his guilt be proved before he is brought to trial? Ulam Fionn is hiding in this church and I am powerless to bring him to justice. I am minded to go with my men and take the man by force.”
“Do that,” Fidelma quickly commented, “and it will be you that will stand trial. The fugitive, whatever his alleged crimes, is under protection of the law.”
“We must act in accordance with the law, Faichen Glas,” added Brehon Morann firmly.
He paused for a moment and then rose with a smile.
“Faichen Glas, you will accept the hospitality of this college — you and your men will stay here while we investigate this matter further.” He picked up a handbell from a nearby table and rang it.
Adnaí, the elderly steward of the college, entered almost immediately, as if he had been waiting outside the door for the summons.
Brehon Morann instructed the man to see to the needs of the noble of the Uí Echach Cobo and his men and provide them with food and beds in the college hostel.
When they had gone, Fidelma stood nervously wondering whether she, too, should leave, but Brehon Morann gestured her to be seated again.
“This is a fairly simple case,” he began thoughtfully. “Provided the sanctuary has been granted in the legal form, then our friend Faichen Glas will have to return to the land of the Uí Echach Cobo. He must then bring his witness and his own Brehon before the abbot in whose jurisdiction the church of St. Benignus lies. I happen to know Abbot Sionna and he is a fair man. If Faichen Glas can present a just case as to why the sanctuary should be withdrawn, then the abbot can instruct that Ulam Fionn be handed over for trial.”
Fidelma waited politely. Her recent class on the law of sanctuary had taught her this much.
“Before I can inform Faichen Glas that this is the course of action he must take, we will have to ensure that the sanctuary has been properly given. I have no reason to suspect otherwise but, Fidelma, in law you can never assume anything. Assumption without verification can lead to great miscarriages of justice.”
“I understand,” Fidelma replied, not really understanding why he was emphasising what she had already learnt.
“It will be good experience for you to go to this church of St. Benignus and speak with Brother Mongan and ensure that all has been done in legal form,” went on Brehon Morann.
“Me?” Fidelma’s ejaculation was one of surprise.
“It is only a half-day’s ride there and a half-day back again. It doubtless means that you will have to stay overnight in a public hostel. There is no one from the college staff who can afford this time. You, on the other hand, are qualified to take this deposition and can be spared from your studies... rather this is part of your studies, for this matter of sanctuary may well occur in your future career when you begin to practise law.”
“Of course,” responded Fidelma nervously and then added weakly, “but I don’t know where this church of St. Benignus is.”
“I will give you instructions to the abbey of Sionna and he will instruct you further. You may take one of the college horses. Once you have returned, having ensured that all is satisfactory under the law, then we can instruct Faichen Glas on the appropriate action.” Brehon Morann glanced through the window at the darkening sky. “It is too late to begin today. You should leave at first light tomorrow.” He smiled in gentle rebuke as Fidelma rose slowly and reluctantly. “The practise of law is not all about solving puzzles or clearing up mysteries. Often it is very boring and pedestrian work, checking and rechecking simple facts and making tiring journeys to do so.”