by Rev. Jean “Drum” Pagano
Under Brehon Law, Athgábal was a method to seize an asset that another person claimed to be theirs. Under this system, one person would take the item in question and hold onto it until the matter was settled. The person who seized the asset was obligated to care for the item until the judgment had been rendered.
Angus and Paddy had farms that abutted each other’s property. They were constantly squabbling over animals that wandered from one farm to the other.
One day, Angus found three of Paddy’s hens in his front yard. Angus seized the hens, under Athgábal, and claimed them as his own. At the same time, Paddy seized two large hogs that belonging to Angus that had wandered over to his property and cared for them. In order to settle the dispute, they called on a Brehon to mediate the property claims of each man. Here follows the conversation with the Brehon:
The Brehon asks “What brings you two to my door?” Angus, claiming that he had been wronged replied first. “Lord, I have these three chickens, hens they are, that I claim to be mine since I found them in my front yard.”
The Brehon then asks Paddy “Paddy, what do you say?” “My Lord” replied Paddy, “these are my chickens, but they were in his yard. A chicken has no care for property lines or property claims. They follow the grain and that is where they will be.”
The Brehon asked “Angus, do these chickens belong to Paddy? Did they just wander over or are they legitimately your property?” “Lord”, replied Angus, “Lord, they may have come from Paddy’s, but they were in my yard, and I say that makes them mine.”
The Brehon looks at Angus and says “I think not. Angus, please return the chickens to Paddy.”
Paddy replies “Thank you my Lord, but what of the eggs? The eggs came from my hens and they should come with me. After all, whatever comes from the animal is part of them and follows the owner.”
The Brehon ponders Paddy’s comment and says “Paddy, I see your point and I concur. Angus, please give the eggs to Paddy as well.”
Angus returns the chickens and the eggs to Paddy. After the exchange, Angus said to the Brehon “My Lord, since Angus’ chickens and eggs have gone home to him, perhaps it is time for my hogs to come home to me. Please, my Lord, arrange to have my hogs returned. They too wandered over and they belong to me.”
The Brehon says “Paddy, what do you say?” “Well, my Lord”, replied Paddy, “I believe the hogs are mine, but they have legs to walk as well. They may have wandered over, but I just do not know.”
The Brehon, remembering the prior ruling, says “Angus, I agree they are yours and they shall be returned. Paddy, please return the hogs to Angus.”
Paddy returns the hogs to Angus, and then hurries back to the Brehon.
Paddy says to the Brehon, “My Lord, and what of the mess the hogs left behind. Buckets of shite are now on my land.” The Brehon smiles and replies “You said yourself, Paddy, that after all; whatever comes from the animal is part of them and follows the owner. Therefore, fill the buckets for Angus, for they are his. And when it is time to pack those buckets, do so and make sure that they are packed all the way to the top – in this way the buckets and your requirement will be full-filled.”
