Part 48

In calculating the amount of compensation the most characteristic and important element was _Einechlan_ (= honour-price, honour-value), a value attaching to every free person, varying in amount from one cow to thirty cows according to rank. It was the assessed value of _status_ or _caput_. It was frequently of consequence in relation to contracts and other clan affairs; but it emerges most clearly in connexion with crime. By the commission of crime, breach of contract, or other disgraceful or injurious conduct, Einechlan was diminished or destroyed, a _capitis diminutio_ occurred, apart from any other punishment. Though existing apart from fine, Einechlan was the first element in almost every fine. _Dire_ was the commonest word for fine, whether great or small. _Eric_ (= reparation, redemption) was the fine for "separating body from soul"; but the term was used in lighter cases also. In capital cases the word sometimes meant Einechlan, sometimes _coirp-dire_ (= body-fine), but most correctly the sum of these two. It may be taken that, subject to modifying circumstances, a person guilty of homicide had to pay (i) _coirp-dire_ for the destruction of life, irrespective of rank; (2) the honour-value of the victim; (3) his own honour-value if the deed was unintentional; and (4) double his own honour-value if committed with malice aforethought. The sum of these was in all cases heavy; heaviest when the parties were wealthy. The amount was recoverable as a debt from the criminal to the extent of his property, and in his default from the members of his _fine_ in sums determined by the degree of relationship; and it was distributable among the members of the _fine_ of a murdered person in the same proportions, like a distribution among the next of kin. The _fine_ of a murderer could free themselves from liability by giving up the murderer and his goods, or if he escaped, by giving up any goods he had left, depriving him of clanship, and lodging a pledge against his future misdeeds. In these circumstances the law held the criminal's life forfeit, and he might be slain or taken as a prisoner or slave. He could escape only by becoming a _daer-fuidhir_ in some distant territory. When the effect of a crime did not go beyond an individual, if that individual's _fine_ did not make good their claim while the criminal lived, it lapsed on his death. "The crime dies with the criminal." If an unknown stranger or person without property caught red-handed in the commission of a crime refused to submit to arrest, it was lawful to maim or slay him according to the magnitude of the attempted crime. "A person who came to inflict a wound on the body may be safely killed when unknown and without a name, and when there is no power to arrest him at the time of committing the trespass." For crimes against property the usual penalty, as in breach of contract, was generic restitution, the quantity, subject to modifying circumstances, being twice the amount taken or destroyed.

Distress of seizure of property being the universal mode of obtaining satisfaction, whether for crime, breach of contract, non-payment of debt, or any other cause, the law of distress came into operation as the solvent of almost every dispute. Hence it is the most extensive and important branch, if not more than a branch, of these ancient laws. Of several words meaning distress, _athgabail_ was the most frequently used. A person having a liquidated claim might either sue a debtor or proceed at his peril to seize without this preliminary. In the latter case the defendant could stop the progress of the seizure by paying the debt, giving a pledge, or demanding a trial; and he then could choose a Brehon. Distress was of two kinds--(1) _athgabal ar fut_ (= distress on length, i.e. with time, with delays); and (2) _athgabail tulla_ (= immediate distress). Which method was pursued depended partly upon the facts of the case and partly upon the respective ranks of the parties. A person entitled to seize property had to do it himself, accompanied, if the amount was large, by a law agent and witnesses. No man was entitled to seize unless he owned, or had a surety who owned, sufficient property for indemnity or adjustment in case the seizure should be found to have been wrongful. The formalities varied in different circumstances and also at different times in the long ages in which these laws prevailed. Some forms may, in the Irish as in other legal systems, have become merely ceremonial and fictitious.

_Tellach_ (= seizure of immovable property) was made in three periods or delays of ten days each (= 30 days). The first step was a notice that unless the debt was paid immediately seizure would be made. Ten days later, the plaintiff crossed the fence in upon the land, with a law agent, a witness and a pair of horses yoked or harnessed, and in a loud voice stated the amount of the debt and called upon the defendant to pay it according to law. On receiving no answer, or an unsatisfactory one, he withdrew. After an interval of ten days more, the creditor entered with his law agent, two witnesses and four horses, went farther in upon the land, repeated his demand, and if refused withdrew. Finally, after a further interval of ten days, he entered once more with his law agent, three witnesses and eight horses, drove up to the debtor's house, repeated his demand, and if not satisfied drove a herd of cattle or a flock of sheep in upon the farm and left men to care for them.

_Athgabail_ ordinarily meant the seizure of movable property. The following technical terms will indicate the procedure in distress with time:--_Aurfocre_ (= demand of payment, stating the amount in presence of witnesses); _apad_ (= delay); _athgabail_ (= the actual seizure); _anad_ (= delay after seizure, the thing remaining in the debtor's possession); _toxal_ (= the taking away of the thing seized); _fasc_ (= notice to the debtor of the amount due, the _mainder_ or pound in which the thing seized is impounded, and the name of the law agent); _dithim_ (= delay during which the thing is in pound); _lobad_ (= destruction or forfeiture of the debtor's ownership and substitution of the creditor's ownership). There was no sale, because sale for money was little known. The property in the thing seized, to the amount of the debt and expenses, became legally transferred from the debtor to the creditor, not all at once but in stages fixed by law. A creditor was not at liberty to seize household goods, farming utensils, or any goods the loss of which would prevent the debtor recovering from embarrassment, so long as there was other property which could be seized. A seizure could be made only between sunrise and sunset. "If a man who is sued evades justice, knowing the debt to be due of him, double the debt is payable by him and a fine of five seds." When a large debt was clearly due, and there was no property to seize, the debtor himself could be seized and compelled to work as a prisoner or slave until the debt was paid.

When a defendant was of rank superior to that of the plaintiff, distress had to be preceded by _troscad_ (= fasting). This is a legal process unknown elsewhere except in parts of India. The plaintiff having made his demand and waited a certain time without result, went and sat without food before the door of the defendant. To refuse to submit to fasting was considered indelibly disgraceful, and was one of the things which legally degraded a man by reducing or destroying his honour-value. The law said "he who does not give a pledge to fasting is an evader of all; he who disregards all things shall not be paid by God or man." If a plaintiff having duly fasted did not receive within a certain time the satisfaction of his claim, he was entitled to distrain as in the case of an ordinary defendant, and to seize double the amount that would have satisfied him in the first instance. If a person fasting in accordance with law died during or in consequence of the fast, the person fasted upon was held guilty of murder. Fasting could be stopped by paying the debt, giving a pledge, or submitting to the decision of a Brehon. A creditor fasting after a reasonable offer of settlement had been made to him forfeited his claim. "He who fasts notwithstanding the offer of what should be accorded to him, forfeits his legal right according to the decision of the Feini."

AUTHORITIES.--Since Sir Samuel Ferguson wrote his article on "Brehon Laws" in the 9th edition of this _Encyclopaedia_, much research has been done on the subject, and Ferguson's account is no longer accepted by scholars, either as regards the language or the substance of the laws. Pending the work of a second Brehon Law Commission, the Laws are best studied in the six imperfect volumes (_Ancient Laws of Ireland_, 1865-1901) produced by the first Commission (ignoring their long and worthless introductions), together with, Dr. Whitley Stokes's _Criticism_ (London, Nutt, 1903) of Atkinson's _Glossary_ (Dublin, 1901). The following are important references (kindly supplied by Dr Whitley Stokes) for detailed research:--R. Dareste, _Etudes d'histoire de droit_, pp. 356-381 (Paris, 1889); Arbois de Jubainville and Paul Collinet, _Etudes sur le droit celtique_ (2 vols., Paris, 1895); Joyce, _Social History of Ancient Ireland_, vol. i. pp. 168-214 (2 vols., London, 1903); _Zeitschrift fur celtische Philologie_, iv. 221, the Copenhagen fragments of the Laws (Halle, 1903); important letters in _The Academy_, Nos. 699, 700, 701, 702, 703, 704, 706, 707 (substantially covered by Stokes's _Criticism_); _Revue Celtique_, xxv. 344; _Erin_, i. 209-315 (collation by Kuno Meyer of the Law-tract Crith Gablach); Maine's _Early Hist, of Institutions_ (1875) and _Early Law and Custom_, pp. 162, 180 (1883); Hearn's _Aryan Household_ (1879), and Maclennan's _Studies in Ancient History_, pp. 453-507 (1876), contain interesting general reference, but the writers were not themselves original students of the laws. L. Ginnell's _Brehon Laws_ (1894) may also be consulted. See further the article CELT, sections _Language_ and _Literature_. (L. G.)

BREISACH, or ALTBREISACH, a town of Germany, in the grand duchy of Baden, on the left bank of the Rhine, standing on a basalt rock 250 ft. above the river, 10 m. W. of Freiburg-im-Breisgau, and on the railway connecting that city with Colmar. Pop. (1900) 3537. It has a fine minster, partly Romanesque, partly Gothic, dating from the 10th to the 15th centuries; of its two principal towers one is 13th century Gothic, the other Romanesque. The interior is remarkable for its rich decorations, especially the wood-carving of the high altar, and for many interesting tombs and pictures. There is little industry, but a considerable trade is done in wines and other agricultural produce. On the opposite bank of the Rhine, here crossed by a railway bridge, lies the little town of Neubreisach and the fort Mortier.

Breisach (_Brisiacum_), formerly an imperial city and until the middle of the 18th century one of the chief fortresses of the Empire, is of great antiquity. A stronghold of the _Sequani_ (a Gallic tribe, which occupied the country of the Doubs and Burgundy), it was captured in the time of Julius Caesar by Ariovistus and became known as the _Mons Brisiacus_. Fortified by the emperor Valentian in 369 to defend the Rhine against the Germans, it retained its position throughout the middle ages as one of the chief bulwarks of Germany and was called the "cushion and key (_Kissen und Schlussel_) of the German empire." Its importance was such that it gave its name to the district Breisgau, in which it is situated. In 939 it was taken by the emperor Otto I., and after remaining in the exclusive possession of the emperors for two centuries, was strengthened and shared for a while between them and the bishops of Basel. In 1254 and 1262 the bishops obtained full control over it; but in 1275 it was made an imperial city by King Rudolph I., and at the beginning of the 14th century his son brought it definitively into the possession of the Habsburg monarchs, leaving the bishops but few privileges. In the Thirty Years' War Breisach successfully resisted the Swedes, but after a memorable siege and a defence by General von Reisach, one of the most famous in military annals, it was forced to capitulate to Duke Bernhard of Saxe-Weimar on the 18th of December 1638. The endeavours of the emperor Ferdinand III. to retake it were fruitless, and by the peace of Westphalia (1648) Breisach was annexed to France. By the peace of Ryswick (1697) it was restored to Austria, when Louis XIV. built the town and fortress of Neubreisach on the left bank of the Rhine. Again in 1703 it fell into the hands of the French, owing to treachery, but was ceded to Austria by the peace of Rastatt (1714)--Yet again, in the War of the Austrian Succession, it was captured (1744) by the French, who dismantled the fortifications. They refortified it in 1796, and after passing, by the peace of Luneville (1801), together with the Breisgau to the duke of Modena, Breisach was by the peace of Pressburg (1805) finally incorporated with Baden, when the fortifications were razed. During the Franco-German War (1870) Breisach suffered severely from bombardment directed against it from Neubreisach.

BREISGAU, a district of Germany, in the grand duchy of Baden. It extends along the right bank of the Rhine from Basel to Kehl, and includes the principal peaks of the southern Black Forest and the Freiburg valley. The Breisgau, originally a _pagus_ or _gau_ of the Frankish empire, was ruled during the middle ages by hereditary counts. Of these the earliest recorded is Birtilo (962-995), ancestor of the counts and dukes of Zahringen. On the death of Berchthold V. of Zahringen in 1218, his coheiresses brought parts of the Breisgau to the counts of Urach and Kyburg, while part went to the margraves of Baden. At the close of the 13th century the Kyburg part of the Breisgau passed to the Habsburgs, who in 1368 acquired also the town and countship of Freiburg, which had been sold by the counts of Urach to the Freiburgers and given in pledge by them to the house of Austria in exchange for a loan of the purchase price, which they were unable to repay. The male Urach line becoming extinct in 1457, an heiress carried what remained of their possessions in the Breisgau to the house of Baden. In the struggle between France and Austria from the 17th century onwards the Breisgau frequently changed masters. In 1801 Austria was forced to cede it to Ercole III., duke of Modena, in compensation for the duchy of which Napoleon had deprived him. His successor Ferdinand took the title of duke of Modena-Breisgau, but on his death in 1805 the Breisgau was divided between Baden and Wurttemberg. The latter ceded its portion to Baden in 1810.

See Stokvis, _Manuel d'histoire, &c._ (Leiden, 1890-1893).

BREISLAK, SCIPIONE (1748-1826), Italian geologist of German parentage, was born at Rome in 1748. He early distinguished himself as professor of mathematical and mechanical philosophy in the college of Ragusa; but after residing there for several years he returned to his native city, where he became a professor in the Collegio Nazareno, and began to form the fine mineralogical cabinet in that institution. His leisure was dedicated to geological researches in the papal states. His account of the aluminous district of Tolfa and adjacent hills, published in 1786, gained for him the notice of the king of Naples, who invited him to inspect the mines and similar works in that kingdom, and appointed him professor of mineralogy to the royal artillery. The vast works for the refining of sulphur in the volcanic district of Solfatara were erected under his direction. He afterwards made many journeys through the ancient Campania to illustrate its geology, and published in 1798 his _Topografia fisica della Campania_, which contains the results of much accurate observation. Breislak also published an essay on the physical condition of the seven hills of Rome, which he regarded as the remains of a local volcano,--an opinion shown to be erroneous by the later researches of G.B. Brocchi. The political convulsions of Italy in 1799 brought Breislak to Paris, where he remained until 1802, when, being appointed inspector of the saltpetre and powder manufactories near Milan, he removed to that city. The mineral Breislakite was named after him. He died on the 15th of February 1826. His other publications include:--_Introduzione alla geologia_ (1811, French ed. 1819); _Traite sur la structure exterieure du globe_, 3 vols. and atlas (Milan, 1818, 1822); _Descrizione geologica della provincia di Milano_ (1822).

BREITENFELD, a village of Germany in the kingdom of Saxony, 5-1/2 m. N.N.W. of Leipzig, noted in military history. The first battle of Breitenfeld was fought on the 17th of September 1631, between the allied Swedish and Saxon armies under Gustavus Adolphus and the imperial forces under Count Tilly. The battlefield is a low ridge running east and west between the villages of Gobschelwitz and Breitenfeld, the position of the Imperialists lying along the crest from Gobschelwitz on the right to a point about 1 m. short of Breitenfeld on the left; opposite this position, and behind a group of villages on the Loberbach stream, lay the Swedish forces, flanked on their left by the Saxon contingent under the elector, who was assisted by Arnim. The villages formed the only obstacle on the gentle slope lying between the Loberbach and Tilly's line; through these villages the Swedes defiled slowly, and formed up on the open ground beyond them. Tilly's army was drawn up in a continuous line, the infantry ranged in heavy battalions in the centre, the cavalry on the wings, and the heavy artillery in a mass in front of the infantry. Gustavus arrayed the Swedes in two lines and a reserve, infantry in the centre, cavalry on the flanks, and the Saxons were drawn up in a similar formation on the left of the Swedish left-wing cavalry. So far as can be gauged the respective numbers were at least 32,000 Imperialists, 22,000 Swedes and 15,000 Saxons. The Swedish infantry was drawn up on an entirely novel system; each brigade of infantry, composed of several battalions, was formed in many small and handy corps of pikemen and musketeers, and parties of musketeers were also detached to support the cavalry. The guns were scattered along the front. The Saxons were ranged, like Tilly's army, in heavy masses of foot and horse preceded by a great battery of guns. At 2 P.M. Pappenheim, commanding Tilly's left wing, led forward the whole of his cavalry in a furious charge. Feeling the fire of the musketeers who were intercalated amongst the Swedish horse, Pappenheim swung round to his left and charged the Swedish right wing in flank. The Swedes of both lines promptly wheeled up, and after a prolonged conflict the Imperial horse were driven completely off the field. The attack of Tilly's right wing under Furstenberg directed against the Saxons was more successful. The Saxons were at once broken and routed, only a handful under Arnim maintaining the ground. Furstenberg pursued the fugitives for many miles, and Tilly with the centre of infantry (which, considering the depth of its formations, must have possessed great manoeuvring power) rapidly followed him and formed up opposite the now exposed left of the Swedes. Thereupon the Swedes, in their light and handy formation, changed position rapidly and easily to meet him. Tilly's attack was strenuously opposed, and at this moment the decisive stroke of the battle was delivered by the Swedish right wing, which, having disposed of Pappenheim, swung round and occupied the ground originally held by the Imperial infantry, seized Tilly's guns, and with them enfiladed the enemy's new line. This put an end to the attack of the Imperial foot, and before sunset Tilly was in full retreat, hotly pursued and losing heavily in prisoners. His losses on the field have been estimated at 7000 killed and wounded and almost as many prisoners; the Swedes lost about 2000 and the Saxons over 4000 men.

The village of Breitenfeld also gives its name to another great battle in the Thirty Years' War (November 2, 1642), in which the Swedes under Torstensson defeated the Imperialists under the archduke Leopold and Prince Piccolomini, who were seeking to relieve Leipzig. The Swedish cavalry decided the day on this occasion also.

BREMEN, a free state in the German empire, bearing the title _Freie Hansestadt Bremen_. It falls into three distinct parts: (1) the largest portion, with the city of Bremen, lying on both banks, but chiefly on the right, of the lower course of the Weser, surrounded by the Prussian province of Hanover and the grand-duchy of Oldenburg, and consisting in the main of lowland country intersected by canals and dykes; (2) the town and district of Vegesack, lying separate from, but immediately north of the main portion, on the right bank of the river; (3) the port of Bremerhaven, 46 m. down the Weser, at its mouth. Of the whole territory, which has an area of 99 sq. m., about one-half is meadow and grazing land, one-quarter under tillage, and the remainder occupied by a little woodland, some unprofitable sandy wastes, the bed of the Weser and the towns. Market gardening, the rearing of cattle, for which the district is widely famed, and fishing, form the chief occupations of the rural population. The climate is mild, but the rainfall (26.9 in. annually on the average) is relatively considerable. The population is shown as follows:--

+-----------------+-----------+----------+ | | 1900 | 1905 | +-----------------+-----------+----------+ | Bremen, city | 186,822 | 214,953 | | Vegesack | 3,943 | 4,130 | | Bremerhaven | 20,315 | 24,159 | | Rural districts | 37,327 | 20,431 | +-----------------+-----------+----------+ | Total | 248,407 | 263,673 | +-----------------+-----------+----------+