Liberty, Order and Law Under Native Irish Rule

Chapter XIII

THE LAW OF SICK MAINTENANCE . . . 287

¶ Provisions for sick maintenance, including medical treatment, nursing care, and nutritious food, for everyone who needed it. Exemptions and delays in the legal seizure of property were required to protect sick and wounded people. In cases where someone was wounded, expenses were paid out of fines for the injury; otherwise, the responsibility fell on the person's family. Substitutes were provided for contracted workers when they were sick. There was a penalty for failing to provide sick maintenance. Four high-ranking officials were treated in their own houses rather than among the common people.

No hospitals existed in pre-Christian times, except in India and Ireland. The first recorded hospital was at Emain Macha an ancient royal site near Armagh, also known as Navan Fort around 300 B.C. The development of hospitals elsewhere in Europe was driven by Christian motives; the first was founded by Fabiola around A.D. 400. Irish hospitals developed as medical schools. There were laws against "quacks" unqualified or fraudulent doctors: the lawful physician was held responsible if their treatment failed.

Chapter XIV

OF TAKING LAWFUL POSSESSION OF LAND . . . 308

¶ The limited judicial authority of the Brehon an ancient Irish judge. A series of legal fictions artificial legal rules used to bypass traditional restrictions by which a defendant was encouraged to submit to arbitration the settling of a dispute by an impartial third party. A comparison with the development of Roman legal procedures. The involvement of the community to compel individuals to follow public opinion and consent to arbitration, thereby avoiding physical conflict. The case of Ninne, son of Metech. The procedure for a man to take legal possession of land. The necessity of changing this procedure in the case of a woman. The judgment of Brigh: the case of Ciannacht, daughter of Forcraidh. The judge Sencha and Brigh's wise advice. The seven types of land where horses and cattle are not used for legal entry; in these cases, men are required for the process.