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.’
‘I argue for the law of the Faith,’ Abbot Nannid declared. ‘Gorman killed an abbot. Leviticus says that if anyone takes a life, then he must be put to death.’
‘Leaving aside the crucial matter of whether Gorman is guilty of the death of Abbot Segdae or not,’ Fidelma said tersely, ‘and I argue that it has yet to be proved – we are discussing whether the rules of an abbot can overturn the law of the land. It is obvious that they cannot. It remains against the law of our people to execute anyone. From the time of the High King Eochaid, who was known as Ollamh Fodhla, our laws have stood for compensation to the victim and the rehabilitation of the perpetrator. How can the victim and the victim’s family be compensated by a dead, corrupting body? How can a corpse be rehabilitated?’
‘There is a New Faith in this land, Fidelma of Cashel. You are neglecting the Faith for the old pagan laws.’
‘What is your justification for ignoring the laws of our country?’ insisted Fidelma.
Abbot Nannid shrugged. ‘Do I need a justification? I am Abbot of Mungairit, Chief Bishop of the Ui Fidgente. I repeat that we have been guided to the New Faith and embraced it. It is the Faith and its laws to which we are now answerable.’
Fidelma shook her head sadly. ‘When the High King Loeguire mac Neill embraced Christianity, he took the New Faith to a council of law-makers, just as we have done for over a thousand years since Ollamh Fodhla organised the first council. The purpose of Loeguire’s council was to examine our laws to see if they were compatible with the New Faith.’
‘Is this history lecture relevant? We have heard it all before,’ the abbot appealed to Prince Donennach. The prince did not respond so Fidelma answered.
‘Then you should know your history well, Nannid of Mungairit. You know that the learned men of our people sat and studied the laws and finally had them committed to writing. Of those who sat on the council there was Loeguire the High King himself; my own ancestor, Conall Corc, King of Muman, and Daire, King of Ulaidh. They were the three most important of the kings, and they were advised by three of our most senior judges: Dubhthach Mac Ua Lugair, the Chief Brehon and Chief Bard of the Five Kingdoms; the Brehon Rossa mac Trechim, and Brehon Fergus an Bhaird. They also sat with the Blessed Patrick, with his greatest convert and successor at Ard Macha, Benen mac Sessenen; he who had also been a prince of our people was converted by Patrick and took the name Benignus. Lastly there was the Blessed Cairneach. These last three were considered the greatest teachers of the New Faith at that time.’
‘Most of us know our history,’ Abbot Nannid said arrogantly. ‘We don’t need a lesson in what happened from you, Sister Fidelma.’
‘But you obviously do need a lesson to know the meaning of what happened,’ she corrected him. ‘You should know that when that council put our laws into writing, it was stated in the introduction to the great text: “What did not clash with the word of God in the written Law and in the New Testament, and with the conscience of the believers, was confirmed in the law of the Brehons by Patrick and by the ecclesiastics and the princes of Eireann in this, the Senchus Mor.” The laws of the Brehons are therefore clearly the laws of the Faith.’