The Spider's Web

Archú stared at her in amazement.

‘But you know that,’ he protested.

‘Answer the question,’ Fidelma replied sharply.

‘At the time of the judgment which you, yourself, made at Lios Mhór.’

‘How long ago was that?’

‘Four days ago, no more,’ Archú replied, shaking his head as if he thought she had taken leave of her senses.

‘And you, Muadnat, do you agree with that?’

Muadnat laughed scornfully.

‘You made the judgment for him. Have you forgotten so soon?’

‘So Archú has been four days in ownership of the farm? Do you both agree?’

‘Yes; the farm is his and the pigs are his and his is the responsibility,’ Muadnat grunted, smiling triumphantly at hisnephew Agdae who sat nodding his agreement.

‘And am I right in suggesting that before Archú owned the farm and the pigs, you, yourself, owned that same farm and the pigs?’ Fidelma inquired.

For the first time a flicker of suspicion crossed Muadnat’s eyes.

‘You know that well enough,’ he replied with an attempt at braggadocio but there was a slight uneasiness in his voice.

‘Did you farm the land now owned by Archú separately or as one with your adjacent lands?’

Muadnat hesitated again, not really understanding where the questions were leading but suspecting some forthcoming trap.

He appealed to Crón.

‘The facts have been laid before you, tanist of Araglin. I do not understand what this woman is seeking to imply.’

‘Answer the question,’ Fidelma insisted. ‘Ignorance of the meaning behind the question is no excuse not to answer a dálaigh of the courts. You already stand guilty of insulting my office.’

The sharpness in her voice caused Muadnat to blink and swallow.

He looked appealingly at Crón but the tanist simply motioned him to answer.

‘I farmed them as one,’ he admitted gruffly.

Fidelma nodded impatiently, as if she had known the answer all along but was merely waiting for him to enunciate it.

‘The law states that the boundary fences between farms must be clearly maintained. This is the law under which you seek judgment, is it not so?’ she asked.

Muadnat did not reply.

‘Did you maintain the boundary fences?’

‘The farm that Archú now owns had been mine for years. I removed the boundary fences when there was no need for them to be there.’

‘The law found that the farm Archú owns had not been yours and that for the years you had been running it you had done soonly as legal guardian of the interests of your kinsman, Archú,’ replied Fidelma. ‘You admit removing the boundary fences between his farm and your farm?’

Crón was regarding Fidelma with unconcealed admiration as she suddenly caught the trend of the questioning. Her past antagonism with Fidelma aside, Crón was intelligent enough to appreciate Fidelma’s sharp mind and legal knowledge.

‘Admit?’ Muadnat was confused. ‘Why leave a boundary between lands which were mine?’

Fidelma allowed a thin smile to hover on her lips.

‘You removed the boundary fence?’

‘I did.’

Fidelma turned to Crón apparently satisfied.

‘I am now willing to advise you on the law, tanist of Araglin, unless you wish more questioning. The matter is clear to me. Do you wish my advice in private or in public?’

‘I think the litigants have a right to hear the law,’ replied Crón solemnly.

‘Very well. Firstly, we learn that Archú became owner de facto — that is, in actual fact — of the property only four days ago. Until that time, while owner de jure — that is, by right — it was Muadnat who occupied and ran the farm. Muadnat admits that he took down the boundary fences between the two farms. That, under law, is an illegal act, although we may excuse Muadnat because he can argue that he thought he was acting legally.’

Muadnat rose and tried to interrupt.

‘You will be silent while the dálaigh is giving advice on the matter of law.’ Crón’s voice was harsh.

Cranat, who had sat like a statue all this time, stirred uneasily.

‘Daughter, is there call for such sharpness in addressing one who is your kin and has served your father faithfully?’ she protested. ‘It shames us before strangers.’

Muadnat had fallen silent and resumed his seat.

Crón looked angrily at her mother.

‘I am tanist; a tanist giving judgment. The court must be quiet, mother. This includes you.’

Cranat stared in surprise at her daughter, her mouth snapping shut with an audible sound.

‘Proceed, Sister Fidelma,’ Crón ordered after a moment. Fidelma went on:

‘Secondly, bearing in mind that Archú assumed the ownership only four days ago, one may assume that he has had no time to secure the fences.’

‘The law is clear,’ cried Muadnat obstinately. ‘Time does not matter. He is responsible for the fence.’

‘Not so,’ Fidelma replied, still speaking directly to Crón. ‘Time does matter. The Bretha Comaithchesa is exceedingly precise. The possessors of adjacent farms are both responsible for a fence between their property, the fence is the common property so that each must execute their own part of the joint work.’ She turned to the burly farmer. ‘What have you done to rebuild the common fence which you destroyed in the first place, Muadnat?’

Muadnat was red in the face. He could no longer bring himself to speak. He had the sense to realise that somehow he was losing once more and yet was not possessed of the intellect to understand why.

‘None, I presume from your silence,’ remarked Fidelma dryly. ‘As for time not being a consideration, that time is a principal factor for the law is clear. When a person comes into possession of a farmstead, three days are allowed for marking out the perimeters; in ten days the fence should be completed. No one is directly compelled to raise a fence in that there is no fine if it is not so completed. However, there is indirect compulsion by reason of possible law suits for animal and human trespass.’

Fidelma paused before turning once more to Crón.

‘That is the advice I have to give on the matter of law. The judgment is with you, Crón, and has to be made in accordance with the law.’

Crón grimaced wryly.

‘Then it is obvious that the judgment must be that Muadnat is unable to proceed in this matter. Archú has had no time, the time allowed by the law, to put up fences.’

Muadnat stood up slowly; he was quivering with outrage.

‘But I say he allowed his pigs to trespass with neglect and malice.’

‘The neglect cannot be charged,’ replied Crón. ‘As for malice, I will not entertain that argument. You are equally responsible for the construction of your boundary fence, Muadnat. In fact, Sister Fidelma has shown generosity in her interpretation of the law when she suggests that you be absolved from culpability of the fact that you tore down the boundary fences in the first place. I may not be that generous. Ensure that these fences are raised and by the prescribed time.’

Muadnat was scowling at Fidelma. His hatred was clear. He seemed about to speak when Agdae, his nephew, caught at his arm and seemed to shake his head in warning.

‘And one thing more,’ added Crón. ‘In bringing this serious charge without due consideration of all the