§ 3 Loigaire’s Code
IRISH LEGISLATION
Loigaire did for Ireland what Euric did for the Visigoths, Gundobad for the Burgundians, Chlodwig for the Salian Franks; and we have already observed that to him probably, as to them, the idea of compiling a written legal code came from the Roman Empire. The Senchus Mór, as the code was called, has not come down in its primitive form; it has been remodelled, worked over, and overlaid with additions by subsequent lawyers; but a critical examination of the evidence leaves little room for doubt that in its original shape it was, as tradition held, composed under the auspices of Loigaire. As it was to be valid for Ireland, and not merely for Meath, it was necessary for the High King to act in consort with the provincial kings, and tradition mentions as his coadjutors Corc, king of Munster, and Daire of Orior.94
If the view is right that the initiation of such a code was due to the influence of Roman ideas, it would be not unnatural or surprising that the Christian bishop and Roman citizen, who represented more than any other man in Ireland the ideas of Roman civilisation, should have been consulted, though the construction of the law-book was a matter for native experts. But there was another reason why Patrick would naturally have been taken into the counsels of the kings and lawyers. The spread of Christianity and the foundation of Christian communities throughout the land rendered it imperative for the secular authorities to define the status of the clergy and fix the law which should be binding on all. A new society had been established, recognising laws of its own, which differed from the laws of the country; and this threatened to create a double system, which would have been fatal to order. Either the spirit of the Mosaic law must be allowed to transform the ancient customs of the land, or the Christians must resign themselves to living under principles opposed to ecclesiastical teaching.
THE IRISH LAW CODE
It is possible that Patrick made an attempt to revolutionise the Irish system of dealing with cases of manslaughter, to abolish the customs of composition by fine and private retaliation, and make it an offence punishable by death. But if he made such an attempt it was unsuccessful, and it would probably have received little support from his native converts. The principle of primitive societies that bloodshedding was a private offence which could be atoned for by payment of a composition—a principle which Greek societies were discarding in the seventh century B.C.—prevailed in Ireland so long as Ireland was independent, and the Irish Church was perfectly content.
Among the experts who are said to have taken part in compiling the code was the poet Dubthach, of Leinster, who is said to have been one of the most eminent poets in the reign of Loigaire. Tradition says that he became a Christian, and his pupil Fíacc, whom he had trained in the art of poetry, was consecrated a bishop by Patrick. Of the poets of Ireland at this early age we know nothing. One wonders what manner of poems were sung by that bard whose sepulchral stone, old but of unknown age, has preserved his bare name and calling, written in the character which the Irish of those days used to inscribe upon their tombstones: VELITAS LUGUTTI, “(This is the tomb) of the poet Lugut.”95 The poets were men of dignity and consequence in the society of their tribes and country. They were not only poets but judges, for they possessed the legal lore which was perhaps preserved in poetical form. The administration of justice depended on their knowledge; their arbitrations were the substitute for a court of justice. Such was the position of Dubthach, lawyer at once and poet, like Charondas of Catana, whose laws, cast in poetical form, were sung, we are told, at banquets. He was a native of Leinster, and if he was one of the commission which drew up the Senchus Mór, we may take it that he represented that kingdom, for the name of the King of Leinster, Loigaire’s enemy, does not appear.
The legend of Patrick’s visit to Tara, when he entered through closed doors, relates that when he appeared in the hall Dubthach alone of the company rose from his seat to salute the stranger. This seems to be a genuine fragment of tradition.96 That there had been a friendship between Patrick and Dubthach was believed in later times at Sletty, in Leinster, of which Fíacc, pupil of Dubthach, was the first bishop.