Judicial Procedure in Ancient Gaelic Court Part 1 (Civil Court)

by Liathame DunBar

Step One: Aidbriud (assertion)

* The Plaintiff (victim or kin of victim) would contract with an advocate to publicly imply the wrongdoing of another against the plaintiff. (it is apparent to represent oneself was thought unwise)

Step Two: Path of Pursuit

* The Plaintiffs advocate must choose one of the five paths along which to plead his case. They are:

1. Fir – Truth (cases involving property , allegiance or perjury)
2. Dliged – Entitlement (enforces contractual rights)
3. Cert – Justice (to balance unfair contracts)
4. Téchtae – Propriety (affects servile dependence or very old issues)
5. Coirn-athchomairc – Proper Inquiry (a catch all when none of the above apply)

* Note: If an advocate chooses the wrong path or changes paths during pleading he would be fined the value of one milk cow.

Step Three: Árach (Pledges and Sureties)

* The Plaintiff would offer a pledge or surety dependent on which path the case is being pursued to indicate their commitment to the proceedings and the impending judgement. The proper pledges are:>

1. Fir – firgille or truth pledge valued at one milk cow (smacht)
2. Dliged – naidm or enforcing surety by binding. Valued at the principals Honour Price
3. Cert – smachtgille or penalty pledge. Valued at 1/7th of one milk cow.
4. Téchtae – rath or paying surety. rath surety is like bail value is determined by the case involved. If a principal defaults the amount of the rath is distrained from him.
5. Coirn-athchomairc – aitire or hostage surety. When an individual places him/herself between two parties as surety. If the principal defaults, the one who has placed themselves as surety willingly goes into bondage until the debt is settled or they are ransomed at the body price of a freeman, seven cumals or twenty-one milk cows.

* An equal pledge or surety would be expected from the defendant. Once this is done and assuming neither party defaults, the case may proceed.

Step Four : Tacrae (Pleading)

* Each advocate pleads his case according to the path the Plaintiffs advocate chose. Evidence is given and witnesses are called to testify.

Step Five: Frecrae (Counter Pleading)

* Each advocate rebuts his counterparts pleading. Witnesses may be cross-examined.

Step Six: Breth (Judgement)

* After considering the testimony and evidence the Judges are required to consult any dignitaries that may be present. The judges formulate the actual judgement and they must support it by stating the source of confirmation.

1. Roscad or Legal Verse
2. Fásach Maxim or Triad
3. Cosmailius or Analogy
4. Aicned Natural Law

* If a judge mistakenly states the wrong type of resource he is fined for a false judgement gúbreth

Step Seven: Forus (Announcement)

* Public announcement of the judgement and the foundation of said judgement (forus)

Step Eight: Forbae (Conclusion)

* Distraint must begin within three days or be forfeit

Sources:

1. A Guide to Early Irish Law, Fergus Kelly, Dundalgan Press Ltd., ISBN 0790-4657 & 0-901282-95-2

2. Foundations of Modern Law, Dale McKenny

3. Britannica Online

prepared by Liathame DunBar

©1998 Clannada na Gadelica, all rights reserved.

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