Laws in Conflict Read online

  Lawyer Bodkin took her on a leisurely saunter, naming each street as they walked along it – Lombard Street, North Street, Great Gate Street – and pointing out the stately stone tower houses and their gardens belonging to the great merchant families – D’Arcy, Athy, Browne, Lynch – her mind buzzed with the names and every few yards she stopped to shake hands with expensively dressed gentlemen, in English hose and doublet, who eyed her with curiosity but greeted her with great politeness. There was, she thought, some sort of statute against the wearing of Gaelic clothes in Galway, but in the company of a respected lawyer no one took exception to her léine and brat. Then she thought of her scholars with a flash of compunction. However, Ardal O’Lochlainn, as well as others from the Burren, often visited Galway and she had never seen him change his clothing in order to do so. They were well dressed and confident, she thought, and would be sensible enough to give Lawyer Bodkin’s name if they ran into any trouble. It was never her policy to feather-bed them, but rather to rear sensible, quick-thinking responsible lawyers.

  ‘Perhaps we may be embarrassing you by wearing clothes that appear strange in the city of Galway,’ she said to her companion.

  ‘No, no, there is no exception taken to peaceful visitors no matter how they are dressed; it’s those that come looking for trouble who find themselves at the wrong side of the law. In any case, you are in my company and no one would question your good status,’ he assured her.

  Mara smiled politely but inwardly she seethed at the condescension in his words. This very English settlement right in the heart of Gaelic Ireland maintained its position by force. The high stone walls, manned by well-armed soldiers, the cannon perched on the gatehouse above the Great Gate all sent out their message to the surrounding countryside. No doubt, though, she comforted herself, the scholars were safe. Lawyer Bodkin was the perfect host and had left word of their coming at the gate. Also, they had come into the city in the company of Ardal O’Lochlainn who was well known as a trader in fine horses. As they came to the gate now, the man on duty bowed and as they passed out of the city they were saluted respectfully by a troop of parading soldiers, guns in hand.

  The Green, placed just outside the northern wall around the city, was a large rectangular piece of grass with a path of fine limestone gravel all the way around it. In the summer months it was probably emerald green but now it was mainly mud. A windmill stood on a small hill to the west side of the park and on the east side a great broad road stretched out for as far as the eye could see. There was another, smaller green there and Mara winced when she saw, set right in the middle of its expanse, a gallows with the dead body of a person, completely covered in black sticky tar, dangling from it. The body swung in the slight breeze but few of the many people that passed even turned to look at it.

  ‘Gallows’ Green,’ said Lawyer Bodkin following her gaze. ‘An unpleasant sight, I grant you,’ he said, responding to the expression on her face, ‘unpleasant, but a necessary evil, I’m afraid.’

  Mara said nothing. She did not trust herself to argue dispassionately while that body swung there in front of her eyes. She murmured something about the number of riders and saw the relief in his eyes that she had changed the subject.

  There were several riders on The Green but Mara’s eyes immediately went to one horse and its rider. The horse was a rich chestnut with a small, refined, wedge-shaped head, a broad forehead, large eyes and large nostrils. It pranced playfully, displaying an arched neck, and high tail carriage. Something about it reminded Mara of her own horse, Brig, a gift from her now-husband King Turlough Donn.

  But the rider of the chestnut matched the horse in beauty. It was a girl, upright as a young larch tree, with a mane of glossy, jet-black hair flowing down her back. Even in the depths of the winter her skin was delicately tanned and as the horse came prancing towards them, Mara could see that a pair of bright brown eyes, slanting at their outer tips, lit up the beautiful face.

  ‘Isn’t she gorgeous?’ groaned Henry Bodkin.

  Mara looked at him, slightly startled, but realized that the lawyer’s eyes were fixed, not on the girl, but on the mare that she rode.

  ‘Gorgeous,’ she agreed. ‘Both of them,’ she added, but her host could only think of the horse.

  ‘Good morning, Mistress Browne,’ he called. ‘I see you have a new steed. Arab breeding, is she not?’

  ‘She’s beautiful, isn’t she?’ said the girl. ‘She’s my father’s present to me for my eighteenth birthday. Yes, she’s fully bred Arab. Came from the south of Spain. My cousin brought her over.’ She turned to Mara with an inquisitive look and then smiled, displaying a perfect set of brilliantly white teeth inside a pair of red lips.

  ‘You are the lady judge,’ she said. ‘I thought you would be old and ugly.’ And then she laughed charmingly. ‘Instead of which you are young and beautiful.’

  ‘This is Mistress Catarina Browne, my lady judge.’ Lawyer Bodkin presented the girl to Mara almost absent-mindedly, his eyes still devouring the horse, examining the large hoofs and running his hand along the withers and stroking the large throat.

  A spoilt child, very sure of her own charm, thought Mara, but she could not help responding to the compliment, praising the horse and telling the girl what a lovely pair they made.

  ‘Have you heard that a Spanish cousin of mine is visiting us, sir?’ Catarina enquired of Henry Bodkin.

  ‘For a visit?’ asked the lawyer, while Mara suppressed a slight smile. This was the second time within the last couple of minutes that Catarina had mentioned this Spanish cousin.

  ‘No, well, yes, originally I believe it was for a visit, but he has determined to stay here permanently. He is going to set up a business importing Spanish mares and breeding from them. He has lots of ideas,’ she finished, trying to sound dispassionate but her cheeks flushed to a bright rose colour and a small smile twitched the corners of her mouth. Mara guessed that this Spanish cousin had seen more than a business opportunity to make him decide to remain in Galway.

  ‘What’s your cousin’s name?’ she asked obligingly.

  ‘Carlos.’ The girl’s voice became more foreign as it lingered lovingly over the two syllables. ‘He’s just two years older than I am. But you will see him tonight. We are all coming to supper with the Blakes – it’s in your honour.’ She bestowed another smile on Mara and then trotted off on her Arab steed.

  ‘So that is Philip Browne’s daughter,’ said Mara remembering Ardal’s story. She watched with amusement how the heads of the parading soldiers on the wall turned and gazed in the girl’s direction until a sharp command from the sergeant made them swivel back again. She was a tall, strong, well-made girl with a great seat on a horse. ‘Ardal O’Lochlainn told me that he had married a Spanish lady,’ she added.

  ‘Huge expense,’ muttered Lawyer Bodkin, and then when she looked at him with surprise, he added, ‘Importing Arab horses, I mean. Anyway, come and see my horses, and afterwards I’ll show you the windmill.’

  Mara was very fond of horses and admired his. A lot of horses for one man, even if his sister Jane rode, she thought. She counted ten and one mare was obviously near to giving birth. The mares were mostly sturdy Connemara horses, but the stallion looked to have some Spanish blood in him. After a while she ran out of compliments and waited for him to make the next move. I’m bored, she thought. I’m so used to being busy, to packing so much into every minute of the day, to doing three or four tasks even before breakfast. If only Sorcha and the children were here I could go to visit them – she saw little enough of her daughter as during the school holidays she felt a duty to be with her kingly husband as much as possible, and Sorcha herself had three small children and Oisín’s business interests kept them tied to Galway. This month, however, by an awkward coincidence, Sorcha had accompanied him on a visit to his family in the kingdom of Thomond.

  Henry Bodkin was determined to prove the perfect host and insisted on showing her the windmill. A broad, stone path ran up to it and
the grass grew thick and undamaged around it. There was little to see – a dusty ground floor filled with heaped up empty sacks, the huge vertical shaft, the horizontal wheels, the hot grinding stones, nothing was new to her. The lawyer was slightly surprised to hear that they had a windmill also in the Burren – thinking, no doubt, that they were primitives who each ground their own oats with the aid of a couple of stones.

  ‘Could I visit your law chambers, now?’ she asked, and then, suddenly inspired, said, ‘I would love to have an opportunity for studying any books that you have on law.’

  ‘Dull work for you; I had planned to take you to visit some of the foremost families – the Browne mansion is quite near to here – but if you would prefer . . .’ he looked concerned, but she thought she discerned a note of hopefulness in his voice.

  ‘I’ll meet them tonight.’ Mara made her voice sound quite decisive. The law books would be interesting to her. Perhaps if he had an abundance he might present one to her, but if not perhaps she could commission a copy. Printing, she had heard, had almost replaced handwritten books in England, but possibly in Galway there was still some old-fashioned scribe who would take on the task.

  The lawyer’s chambers were at quite a distance from the Great Gate – almost down to the inlet from the sea and near to a fish market, she guessed, judging by the pungent smell and the cries of the stallholders.

  ‘This is the courthouse,’ said Henry Bodkin with pride, pointing to a stately stone building with matching piers outside the well-cared-for door. ‘A couple of hundred years ago this belonged to the De Burgo clan – now known as the Clanrickard and Clanwilliam – but they . . .’ he hesitated, and then said, ‘well, they did not keep to the customs and laws of their ancestors . . .’

  ‘Ulick Burke is a friend of my husband’s,’ said Mara quietly.

  ‘Indeed, I think I did meet him in your company.’ He was a little embarrassed and concentrated on explaining the layout of the courthouse to her. Everything seemed shut up.

  ‘Nothing going on there today,’ she remarked.

  ‘Nothing official,’ he replied. ‘The clerks of the court are working, of course, but they go in and out of the back door. They get the papers ready for the cases to be heard by the judges,’ he added.

  ‘I see.’ Mara was amused. She herself was the only judge in a kingdom two hundred times larger than the city of Galway but she did her own paperwork, pronounced judgements, arranged and supervised the paying of retribution fines, and in addition taught at a school.

  ‘You will find it all rather overwhelming tomorrow,’ said Lawyer Bodkin, kindly. ‘I remember how you told me that you try cases and pass judgement in a field beside an old dolmen.’

  ‘It will certainly be very different,’ said Mara cautiously. ‘And your own chambers – you don’t occupy the whole building, do you?’

  ‘I have the ground floor and my two colleagues, John D’Arcy and William Joyce, occupy the other two floors – you can see that even the lawyers belong to the great twelve trading families of Galway,’ he added with a smile. ‘Some people even, jokingly, call them the twelve tribes of Galway: Athy, Blake, Bodkin, Browne, D’Arcy, Deane, Font, Ffrench, Joyce, Kirwan, Lynch, Martyn, Morris and Skerrett.’

  ‘And the prosecuting lawyer, at the trial tomorrow, which one of the lawyers is he?’ asked Mara.

  ‘The prosecuting lawyer,’ said Henry Bodkin, not meeting her eyes, ‘is Thomas Lynch. He has his rooms at the courthouse itself.’

  ‘Lynch?’ Mara was startled.

  He nodded. ‘Yes. Thomas Lynch, the chief lawyer in the city, is a first cousin to James Lynch, the mayor. He sums up, and then the mayor, or sovereign as we call him in court, directs the jury about the verdict, passes judgement, states the penalty – he has that power.’ His voice was soft, but it was only after he had escorted her into his chambers, introduced her to his clerk and then taken her into the inner room, that he said with emphasis: ‘The power over life or death will lie in the hands of Mayor James Lynch. The two bailiffs, Valentine Blake and a very elderly man called John Skerrett, will be present, but they have no voice. They are there to observe only.’

  Henry’s chambers were extremely comfortable, well heated – too well heated, thought Mara, by a coal fire. It was the first time that she had experienced coal and though she missed the sweet peaty smell of the turf, the heat was very much greater. She almost drifted off to sleep in the comfort of the well-padded armchair where he insisted that she sit while leafing through his rather meagre collection of books. His practice seemed to be mainly a commercial one, she thought as she eavesdropped shamelessly on the conversations that he held with his clerk – most of the letters that he dictated were to do with claiming his fee for drawing up bills of sale. Buying and selling, that was what made Galway so prosperous. One man imports one hundred and ten tuns of wine, pays eleven tuns of that as tax to the mayor and then sells the remaining ninety-nine casks to someone like her son-in-law Oisín. The sums involved, even for wine alone, since each cask held over two hundred gallons, were immense. No wonder the city seemed filled with small castles! No wonder, also, that the office of mayor was so lucrative and that there was enough employment for three lawyers within a space of less than half a square mile.

  By the time the four o’clock bell chimed from St Nicholas’s, Mara was glad to accept Henry’s escort back through the crowded streets. Her scholars were just arriving from an opposite direction when they turned into Lombard Street. They seemed pleased to see her and even from a distance she could make out Aidan saying to Fiona, in what he thought was a low voice, ‘You tell her.’

  But it was only while Mara was getting dressed for the evening’s entertainment that she remembered the overheard phrase and she was not surprised when a tap came at her door. Quickly she pulled her purple gown over her head, slipped on a light pair of shoes and then went to the door.

  ‘Thank goodness,’ said Fiona, coming in, clad only in her léine. ‘I thought that woman, Jane Bodkin, would be hovering around for ever.’

  ‘Let’s hope she wasn’t still hovering – she would be rather shocked if she saw you going around the house dressed like that with all the young men upstairs,’ pointed out Mara, and then her face grew serious as Fiona said impulsively, ‘Brehon, Fachtnan is very worried. The man in the gaol is called Sheedy. Do you know who he is? Sheedy O’Connor?’

  ‘Sheedy O’Connor!’ repeated Mara in a shocked whisper. ‘So that’s what’s become of him! Poor Sheedy! Whatever brought him to Galway?’

  ‘That’s what Fachtnan said.’ Fiona looked troubled. ‘He told me that you had announced at judgement day a few years ago that he was to be classified as a dásachtach.’

  ‘That’s right,’ said Mara unhappily. And then she stopped. Heavy footsteps were coming up the stairs. ‘Go back into my room,’ she hissed, feeling relieved that she herself had already changed. This was the master of the house himself, not a bad fellow, she thought, basically honest, keen to make money, that had been obvious from what she heard today, but not in favour of a death penalty for a poor old man half out of his wits.

  ‘I’m sorry to delay you on your way up to get ready,’ she began rapidly, ‘but one of my scholars caught a glimpse of the man that you have in custody and he is a man that I have formally declared to be insane.’

  ‘He escaped from a Bedlam hospital or something equivalent; is that the case?’ Lawyer Bodkin looked at her enquiringly.

  ‘We don’t have hospitals for the insane in our kingdoms,’ explained Mara. ‘Brehon law stated that an insane man should be held by his nearest relative until he could be questioned at the law court on judgement day. If he were found to be permanently insane then the kin group, that was all of the descendants of the same great-grandfather, would have to care for him, either by drawing lots or by some other arrangement. The usual thing is to pass the insane person around from household to household on a monthly rotation, unless some charitable person could be found to take permanent care
of him.’

  Lawyer Bodkin raised his eyebrows and looked rather sceptical. It did sound a little haphazard, thought Mara. But mainly speaking it worked. It was just very bad luck that Sheedy had escaped from poor Diarmuid who had been devastated at his failure to keep him safe.

  ‘It usually works very well,’ she said defensively. ‘Unfortunately the man who was caring for Sheedy when he disappeared, a most compassionate man, has a rather fierce dog – half wolf in origin – and Sheedy took a great dislike to that dog and managed to escape from Diarmuid’s custody. The people of the Burren hunted for him, but eventually were forced to believe that he had died in some mountain cave.’

  ‘But he made his way to Galway,’ mused Henry. ‘I suppose we will never know how, or even when he arrived. There was no mention of the man being insane as far as I can tell; Lawyer Joyce is acting for the shopkeeper, of course, but . . .’

  ‘But no one is acting for the accused man, I suppose,’ interrupted Mara. ‘And the shopkeeper who brought the charge, who is he?’

  ‘His name,’ said Lawyer Bodkin, eyeing her in a troubled fashion, ‘is Stephen Lynch. He is a first cousin to the prosecuting lawyer and to the mayor.’

  ‘And the mayor is the judge,’ stated Mara.

  ‘And Mayor Lynch is the judge,’ he confirmed.

  Three

  Do Dhrúthaib & Meruth & Dásachtaib

  (On Idiots, Insane Persons & Lunatics)

  A person who is deemed to be an idiot, insane or a lunatic is not liable for any penalties even if he or she breaks the law. The penalty will be incurred by the guardian or nearest kinsman unless it can be shown that every effort was made to restrain the person. The care of a person who has been deemed by the court to suffer from any of these conditions is the responsibility of the clan and its taoiseach (chieftain) must make provision for the safety and well-being of such persons.