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Full text of "Ancient Laws and Institutes of Ireland Volume 3"

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LrR LE W" ET 11\ "'TITUTT( ÞNJi 
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OR. 


ANCIENT LAWS AND I
STIl'UTES OF nmLAND 



ANCIENT LAWS 


A'til' 


INSTITUTES OF IREL.AND. 


Ox the 19th day of February, lS5
, the Rev. James 
Henthorne Todd, D.D., F.T.C.D., and the Rev. Charles 
Graves, D.D., F.T.C.D., now Bi
hop of Limerick, submitted 
to the Irish Government a pl\)po
al for the tmnscription, 
tran
lation, and publication of the Ancient Law
 and 
Institutes of Ireland. 
On the 11 th day of November, 1 t)32, a Conllllission wa
 
i
sued to the late Right Honorable Franf'is Blackburnc, 
then Lord Chancellor of Ireland; the late Right Honorable 
'Villiam, Earl of Ro

e; the Right Honorable Edwin 
Richard 'Vyndham, Earl of Dunraven and Mount-Earl; 
the Right Honorable James, Lord Talbot de I\Ialahide; 
the Right Honorable David Richard Pigot, Lord Chief 
Baron of Her Majesty's Court of E
chequer; the Right 
Honorable Joseph Napier, then Her Majesty's Attorney- 
General for Ireland; the Rey. Thomas Romney Robin
on, 
D.D.; the late Rey. James Henthorne Todd, D.D.; the Hey. 
Charles GraveiS, D.D.; the late George Petrie, LL.D.; and 

Iajor Thomas Aiskew Larcom, now Major-General, Bar- 
onet, and Knight Commander of the Bath-appointing 
them Commissioners to direct, superintend, and carry into 
effect the transcription and translation of the Ancient 
Laws of Ireland, and the preparation oftbe sallle for publi- 
cation; and the Commissioners were authorized to select 
such documents and writings containing the said Ancient 
Laws, as they iShould deem it necessary to transcribe and 
translate; and from time to time to employ fit and pro- 
per persons to transcribe and translate the same. 



4 


In pursuance of the authority thus intrusted to the 
ComlUissioners, they employed the late Dr" O'Donovan 
and the late Professor O'Curryin transcribing various Law- 
tracts in the Iri:,;h Language, in the Libraries of Trinity 
College, Dublin, of the Royal Irish Academy, of the 
British Museum, and in the Bodleian Library at Oxford. 
The tran8cripts

 made by Dr. O'Donovan extend to 
nine volumes, comprising 2,491 pages in all; and the 
transcripts

 made by Professor O'CUlTY are contained 
in eight volumes, extending to 2,906 pages. Of these 
transcripts several copies have been taken by the 
anastatic proces
. After the transcription of such of 
the Law-tracts as the Commissioners deemed it necessary 
to publish, a preliminary translation of almost all the 
transcripts was made either by Dr. O'Donovan or Professor 
O'Curry, and some few portions were translated by them 
both. They diù not, however, live to revise and complete 
their translations. 
The preliminary translation executed by Dr. O'Donovan 
iR contained in 
\\'elve volumes, and the preliminary trans- 
lation executed by Professor O'Curry is contained in 
thirteen volumes. 
The Commissioners employed the Rev. T. O'Mahony, 
Professor of Irish in the University of Dublin, wbo had 
with W. Neilson Hancock, LL.D., edited the two volume
 
of Brehon LawR already puLliiShed, and A. G. Richey, 
Deputy Professor of Feudal and English Law in the Uui- 
yersity of Dublin, as Editors of this, the third volume of 
the Ancient Laws and Institutes of Ireland. 


The Peduce, LimerÙ",', 
.fWLUU1"!J, It:ï3. 


* The-e transcript. are refcrrerl to throughout this volume L)' the p.lge onl
., "itL the 
initials O'D. and C. resJlecth dy. 




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A
CIEKT L
\. \V
 OF IHELAXD. 


.qe1
rht1.'" tllOH 


(C'OXCIXSIOX). 


REI::\h THf 


('OHUS bPSCHU, 


OR 


CUSTOl\l-"-
RY 


L 
\ "T. 


.\'11 


THE BOOI{ OF AlC ILL. 


rlBLlSHED 
"lDBR THE DIRKl"TlO"l OP' THK CO)I)IIS.S,IO'õ'KRS Fon, PlBLISHINO THE A:\o( IE''t 
L'\\!oo A"'D l'STlTl-T"
 UP' IRKLA
D. 


YOLo fIT. 


nUDLIX: 


PRIYTED FOR IIER "AJESTY'S ST\T10XER\ OFFICE: 


1"( UL....UEU nY' 


ALEX
\.NDEn THO)l, 
ï & 
:-:, 
\.BBEY-STREET: 
HODGES, FOSTER. & Cu" 104, GR.-\FTOS-STREf.T. 


LO
DON: 


LOXG
IAK::-:, GREEK, READER, AXD DYEH. 


1 t; 73. 



, 



 



DUBLlX, 
Oth January, 18;3. 


l\1Y LORD, 


,Havin
 receiycd instructions from the 
Commissioners for publishing the Ancient Laws and 
Institutes of Ireland, to edit the conclusion of the 
Scnchus Ì\1or, and the Book of Aicill, we have, in 
preparing the text and traniSlation for the press, fol- 
lowed as nearly as pOiSsihle the plan eXplained in 
the prefaces to the two preceding volumes, and haye 
now the honour to submit to the Commissioners, the 
third volume of the Ancient Laws of Ireland. 


'Ve have prefixed a filc-simile specimen page of 
the MS. E. 3. 5, in the Library of Trinity College, 
from which nearly the whole Irish text of the Book 
of Aicill has been obtained. Fac-simile specimen 
pages of the 
ISS" H. 
. 15, and H. 3. 17, in the 

ame Library, which have furniiShed the text of the 
Corus Bescna, will be found prefixed to Y olume II. 
of the Ancient Laws of Ireland, publiiShed in 1869. 


'Ye are, my Lord, 
Your Lordship's obedient servant
, 
THADDELS O'
1AHO,H. 
ALEXAXDER GEORGE RICHEY. 


The Right Rev. 
The Lord Bishop of LUIERICK, 
Secretary to the Commiseion for Publishing tbe 
Ancient Laws and Institutes of Ireland. 


If :! 



GEKEnAL PREFACE. 


A
y Archaic laws, such as the Brehon Law Tracts published 
in this volume, may be studied from two different points of 
yiew; they may he regarded eithel' as a repertory of archæo- 
logical information, or he studied solely in relation to the 
development of legal ideas. 
From the incitlental references, w}1Ích every collection of 
ancient laws must contain, to the organization and daily life 
of the people among whom it was compiled, many facts may 
be gatheretl of the highest authenticity, by the aid of which 
an insight may he obtained into the forms and customs of 
societies which have otherwise perished utterly. The value 
of tIle evi(lence as to any early society afÌònled by its tra- 
(litiom; amI literature depends upon its being unintentiunally 
and incidentally given. The heroic poem and popular legend 
display not so much the actual society of the date of the 
author, as an i(1eal society; the fouwlation is real, hut the 
:-'llperstructure imaginary, and it is impossible to fix where 
the fonner terminates and the latter commences. On the 
other hand, a law is useless unless adapted to the actual 
("omlition of the society to which it is applicable; as soon 
as it ceases to be suitable, it is either superseded by a new 
law, or by imperceptible alterations, or legal fictions, reduced 
into harmony with the more modern condition of things. A 
customary law reveals in most cases a state of society more 
Archaic than that in which it prevailed, for except in 
 purely 
stationary society, the social change precedes the legal reform. 
The reports of decided case:;, and tIw fictitious cases invented 
by the teacher of law for the illustration of legal principles 
and the instruction of his pupils, exhibit cotemporary society 
as it actually exists; the object of the reporter or professor 
is inconsistent with any exercise of imagination. 
From the Law Tracts comprised in the prpsent vol:llne 



VI 


GENERAl. PREFACE. 


much social and historical information may l)e derived. 
From the Corus Bescna much, hitherto unknown, may be 
learned as to the form and rights of the early Irish Church, 
and the relation of heads of families, or aggregates of joint 
owners, to the societies under their control. The Book of 
Aicill is peculiarly rich in information as to the ordinary 
life and condition of the people. 
In that portion of the latter work, namerl by the compiler 
"The Exemptions," is contained a large number of real or 
supposed cases to which the general principles bcfore treated 
of are applied; in the attempt to treat of all possible casps 
of legal wrongs, the then existing society is displayed in 
lUany and vmious aspects. An analysis of the contents of 
this volume, with the object of ascertaining the civilization 
and manner of life of an ancient Irish Celtic tribe, could not 
be accomplished within the narrow limits of a preface; such 
a task lUust he left to some of those who have made Archaic 
mill semi-civilized societies the special ol
iect of their study. 
It is not attempted by the editors to enter upon so extensive 
a field of inquiry; they desire to treat the Tracts from the 
second of the two points of view aùove referred to, namely, 
to lay aside all i:ìocial or historical inquiries, and to endeavour 
to extract from the generally obscure original text, and thc 
eClually obscure and often contradictorycommcntaryanllexed, 
the general IJl'ineiples of jurisprudence which run through 
the whole, and with mnch diffidenc(' to offer to their readers 
the conclusions as to the origin and composition of the work
 
themselves which t.hey have fornwcl as the result of many and 
careful perusals. 
It is useful first to inquire what is the nature of the 
contents of the two Tracts comprised in the present volume, 
and other similar BrehOll Tracts; should they be correctl,\" 
de::;cribed as laws, or a code, or a digest? Upon what lJrin- 
ciple, and with what object have they been compiled? 
whcther at one time, and Ly one person, or fi'om time to 
time, and by many different persons? How far, if at all, is 
it possible to fix the date of their composition? It is a 
necessary preliminary to any inquiries ofthe above character, 



aE
EllAT. PREFAf'E. 


YH 


out one which is upon such occasions generally rlisregarded. 
to ascertain both what the work in question professes and 
what it does not profe!'ös to be.f 
 one of the Brehon Tracts 
are described as the laws of any particular indiyidual, or of 
any body of individuals, possessed of legislative powers; 
their names are derived from the more important su1{jects 
treated of, or from some locality connected with the eoml'osi- 
ticn of the work. The Corm; Besena lays no more claim to 
intrinsic authority than the work of Chitty on Contracts; 
the Book of Aicill acknowleLlges itself to be merely the 
collection of the dicta of two persons learnerl in the law. 
As in the body of the work, so in its title, the essential idea 
of law is abscnt; there is no commanJ ginn, by one possess- 
ing authority, to do or forbear from doing any act; no sanction 
is declared against those who violate its maxims. It pro- 
fesses only to be a collection of la" s existing antecedent to 
its compilation, a "Recucil des coutumes," a reduction into 
\\:riting of the customs in accordance with which dispute" 
were then arranged; nor are the Tracts merely compilations 
of pre-existing customs, they are compilations made without 
authority. and without the name of :LllY specific lawyer 
heing annexed to them. 
This peculiarity can scarcely 11(' appreciated without a 
comparison of them with the title an(l eommcllcemeut of 
othcr customary codes. ./ 
The 'Yelsh laws of Howel Dda commence: "Ho-wel the 
good, seeing the C'ymry peryerting their laws, sUlllmoned to 
him six men from each c.n!lwd in his principality. And 
with mutual counsel and deliheration tIlP wise men ex- 
:unined the ancient laws; some of which they suffererl to 
continue unaltered, some they amended, others they cntirely 
alJrogated; and some new laws they enacted," 
\:'e. 
So also the secular laws of Alfred commence: ,. I theil, 
Alfred, King, gathered these together and commanded many 
ofthese to be written, whieh our forefathers heIrI, those which 
seemed to me good," &c. 
As a compilation of existing laws, made by some person 
or pC'TSons who claimed no legi"lativc authority, the Erehon 



\.11 


GE
F.RAL PREFACE. 


Tmct'3 cannot rank fI'1 ('oJes, hut mnst hc consitlercd merely 
as Digest'3, not digests in the use of the term in the civil 
Jaw, but as in the vulgar English use, indicating merely that 
in the book in question were" ritten out the accepted deci- 
sions upon certain subjects arranged in a sequence alphabeti- 
calor otherwise. 
The form of the Brehon Tracts, and still more that in 
which they are necessarily printed, have a tendency to give 
an incolTect idea as to the mode of their composition. They 
consist, mostly, of an original text in distinct paragraphs, 
followed hy a glossary and cOllUllentary, and present an 
illusive resemblance to the ordinary English law books, in 
which the sections of Acts of Parliament arc printed with 
appended explanations amI referenccs to decided cases. 
It is evident that the portions printed in larger type are 
the subjects of the !>ubsequent commcntaries, and that to a 

reat eÀtellt they are anterior to the disquisitiolls appendcll 
to them; but it is of importance to consitlcr how tar what 
lIlay be called the original text constitutes in itself a com- 
plete work. 
The ,.cry curious introduction with which the Book of 
Aicill conUllences, shows that its author contemplated a 
continuous compilation of the decisions of the two lawycrs 
referred to therein, and therefure the same subject is fre- 
Iluently carried on uninterrupteJ through consecutive para- 
graphs of the text. Un the other hand, many of the detached 
portions of the text not only contain no legal propositions, 
1mt consist merely of two or more words not forming even a 
complete sentence, but serving rathcr as a key or heading 
to the subsequent commentary, allll having no meaning 
without rcferencc thereto. This in many cases may be 
accounted for upon the supposition that the ,,,ortIs in ques- 
tion are merely the first words of a traditionary rule, which 
was perfectly familiar to the compilers as soon as suggested. 
That such is the case in many instances is proved by the 
fact, that whilst in some manuscript'3 the initial words alone 
appear, in others the rule of which they are the commence- 
nlf'nt is gi n.n ill (>
 tI'IISO. 



CJ:XF.R U PRFFACE. 


IX 


In JHany C:l!>e!> this explanation is not admissible, where 
the commentary itself contains the rules which should havl) 
been contained in the text to which it is appended. This 
is the cac;e in much of that portion of the Book of Aicill 
which lllay be described as "The Exemptions." In that 
portion of the work are considered the circumstances which 
are to be taken into account in mitigation of the damages 
payable upon the occasion of an injury or wrong being 
inflicted. The prineÏples regulating the measure of damages 
are here exhaustively treated. Ko abstract rules are laid 
tlown, but a serie:; of possiJ.le cases is discussed, the 
,lifferent circumstances to be considered are detailed, flnll 
the extent is defined to which they should influence the 
ultimate result. In very few instances does the original 
text contain more than a f.tntement of the particular injury 
to be treated of in the commentary; in many of the cases 
invoh-ing substantial questions of prohable occurrence, thc 
original text, curt aIllI enigmatic in its expres,;ions, may 
l,ave been considered of less importance than the elaborate 
l.ommentary annexed; but in other cases the injury alluded 
Ü. in the text is of so very trivial, if not improbahle a character, 
that it i" incredible that it should have entered into the 
contemplation of a la" yer dealing with established custom!'! 
or actual cases. Questions as to injurie,., caused by animal'! 
casting up clods, by a cat stealing food in the kitchen, or by 
a cat when mousing. C-annot be considered subjects for 
,;erious discussion, or in relation to which customs should have 

rowll up; they are either mere legal fo/tr.<I de fm.ce, or 
<luestions for mooting among pupils to practise them in the 
application of general principles. 
In a text which professed only to be a collection of sepa- 
rate customs or dicta, loosely connected by reference to an 
artificial subdivision ofthe customary law, there was nothing 
to prevent the introduction of new headings, or further dicta 
relating more or less to the matter in haml. 
As to the commentaries annexed, it is obvious that they 
are not the work of anyone person or of anyone time; 
frequent rppetitions with, ariations occur; statements anù 



x 


OE
ERAL PREFACE. 


rules inconsistent and contradictory are mingled in one 
commentary; rules evidently laid down on the authority of 
known leading cases are followed by a paragrnph to show 
that the precedent referred to I'hould be distinguished. '(u
h 
of the commentary is confessedly speculative, amI does not 
represent any existing customary law; on its fnce it bears 
the appearance of a work which Ims grown up ImrIer tl)p 
hands of successive gcnemtions of lawycl's/ 
A false appearance of editor
hip is given l,y the fact that 
the glossary iR appended to the successive portiom; of tIll' 
te:\ct. It must be rccollected that in the original the glosscs, 
as in all mediæval manuscripts, are "\vritten into and hetwecn 
the lines of the text, amI were introducf'd hy the student 
,vho encountered a difficult passage or obsolete word, and 
had discovered or conjectured its meaning; a process similar 
to tlutt which goes on at the present day in the Latin or 
Greek books of schoolboys. 
In the case of an epic poem or :m hi
torical work it i
 
Ilifficult, without realizing the manner in which literary 
works were treatcd by transcribers and compilers in early 
n
es of civilization, to understawl how Looks which profl's
 
unity of authorship, and e:\chihit a unity of (lcsign, han. 
heen intcrpolated and altered, and even compounded of 
clifierent works. In tn'ati"es sueh as those of thc BreiIolI 
Law, the opposite difficulty arises; their su
ject, their con- 
tents, and their style are alike opposed to an) unity of 
author!'ihip; they are bookR ".hich were neV01' wI'itten, a-; 
modern books have been, but haye grown into their present 
fìll'm and size through the con!'itant introduction of distinct 
passages strung on to the original text hy !'iuecessiye gene- 
rations of lawyers. 
The form of society in which the BrcllOJl Tracts were 
composed is exactly that which would produce sueh a result. 
The office of Brehon, by custom hereditary in special 
families, necessarily caused the customary law in IrelalHI 
to be treated in :1 manner different from that adopted 
where there was no separate legal profession. Although 
the brehonship wa
 herl'(litary in el'rtnin f:nnilie'J, the 



nE'\FlLU PTIF.F.H'E. 


'<:1 


Rrehon had no exclusin- jurisdiction in any specifil' dis- 
trict, nor auy fi-..:ed salary for his seryices; his position 
was that of:1 professional h1wyer, consulted hy his clients 
and paid for his opinion. Erehons, who attained great fame 
as arbitrators, acquired wealth in the exercise of their 
profession. There were law schools at which the younger 
Breholls were instructed in tIleir business and educated to 
act as judges, or rather as jurisconsults, exactly as in the 
present day young mf'n are hrought up for the bar. The 
natural course of C'rlucation in any such law school would, in 
the absence of printed and the scarcity of written books. 
bc primarily the conllnission to memory of short and preg- 
nant paragraphs embodying the customs of the locality; the 
test of professional skill would be the application of the' 
custom to imaginary cases. In an hercditary caste oflawyers 
:md more even, in a law school, fimlOUS precedf'nts and le:\(I- 
ing ca<>e.<; would he' handed down exactly as in our Engli--h 
reports. 
In the present cheapness and ahumlance of law books we 
fail to understand how such It system could be carriC'd on, 
but it wa<; not yery different from the IlIode of instruction 
which prevaihl in the Inns of Court prior to the illtro- 
lluction of printing. If the available lihrary and writing 
materials of one of the Iuns of Court had been confined to 
one or two volumes, anll new legislation h:HI been impo>.- 
sible, the result must have been works wry like the Breholl 
Law Tracts. The contents ofthe bulky yellum books which 
haye come down from the early Irish monasteries show how 
:1 boc>k waJ-i used at once fin' reading, amI writing into; every 
stray manuscript which was available was copied in. as 
we're also all information acquired and facts deemed worthy 
of record.- ". e lllay imagine a !>chool which possessed few, 
perhaps hut one 'hulky folio yolume, into which were 


. It is this habit of copying in all &vaiIahle dOCUll1ellt
 which give<! 50 high R 
value to the mona
tic historians. Their estimate of the comparative ,"alue of facts 
was nQ different from ours, but the)" copied literatim every bull, proclamation, 
or Ad of T'drlialllent whit-h fell in thdr way. instead of Ilrawin
 on their imagi- 
n:ltion fur their f<1I't., onll 'Iuotil1
 in foot notr< authnritieo which they had never read" 



:XlI 


GEKERAL PREFACE. 


writtrn by thc teacher. when writing had become 1mbitual, 
the Archaic traditional customs that previously had been 
orally transmitted, the explanations ordinarily given to the 
law claR.,>es, the points mooted by the teacher to test the 
progress of his pupils, the principles embodied in new leading 
cases, and the glosses on technical terms as they g-rew oùso- 
lete. All such additions would be introlluced imliscril1li- 
nately into every available portion of the page, of which 
practice a familiar instance is furnished by the Book of Deir, 
wherein 11l0del.n history is written into and through the 
Go::;pcl of St. Matthew. 
If a book so tl'eated be rccopied from time to time, thl' 
('ver accumulating mass of conmwntary, notes. and glosses, 
will on each occasion be rednce,l into the form of consecutive 
commentary upon the text to which they refer, and each 
new recension will in its turn be subjecte,l to tile same 
process, which will thus continue as long :u; the law school 
in which it had been initiated exists. Ignorant of the grmt 
\l'orlù beyond the sea, and full of the e8jn.it de COI.pS of It 
local yet ancient school, the Brehon must haye ycnerated 
:-:nch a book as more than the work of any author however 
celebrated. It represented to him the accnmulated wisdom 
uf successive generations; the sources "fthe law lay beyond 
the horizon of tradition; the master \".-110 had taught him, or 
he himself, had given to it the last touches of subtle elallora- 
tion. 
Ii it be once admitted that the Brehon Tracts grew into 
their present form as here suggested, it is evident that to the 
works as a whole no particular (late can he assignetl. In thc 
construction of such a \" ork, two dates only can be fixed, 
the ùate of the first reduction into writing of the customs 
or dicta whid1 formed the original text, anù the date uf the 
manu:icripts which have come down to us. Rut en'n if the 
former of these dates were satisfactorily ascertainetl, little 
progress would be thereby made towards fixing the date of 
the customs so reduced to writing in the original text. 
The phrase" the antiquity of a law" is ambiguous; it may 
mean, in the case ofwrittpn laws properly so eaJletl, the elate 



GE
 EHAL PREFACE. 


Xlll 


nt which any specific command fi)lloweJ Ly a 
pecific 
sanction was embodied in a particular enactment. It may 
also mean the !late at which any such :-,pecific command 
followell by a sanction, was given for the first time by the 
legislative power of the conullunity. The law, in accord- 
ance with which murder is now punished with death, \\as 
enacted 011 the bt of Au
ust, lSöl, hut the law (or rather 
a law) that lllurder HhouM be so punished has existcd for 
eenturie
 in England. ,Many of the Acts of l\tl'liament now 
existing are merely rC-l'nactments, compilation
, or nclop- 
tions of laws, which have ueen in existence fin. generations. 
Every law properly so called must havc hecn introduced 
at some ascertainable date, although such datI' may be 
anterior to the enactment of the law in its present form. 
The supreme legislative authority in every such ca:-,e must at 
some period have laid upon the people u new obligatioJl 
úeJiJl'6 nnknolVll, to (lu or forbear some ::-.pecifie act, an,1 
annexed to the violation of sueh command a distinct sanctioll. 
The date of such an en:wtment may be ascertained; but, in 
"peaking of the antiquity of customary law, there is no 
possil,ility of ascertaining the date of its introductioll. It 
may be proved that a custom existed as a fact at a specific 
pf'rioll, but it is impossible to assert that it was introduced 
at any !>pccitic tlate. The essence of a clistomary la\\ ill 
that it has IlO recognisah1e cOlllmencement; it is obeyed 
hecanse it is recogni"ed as a nece
sary condition of tho 
('}.istence of the society. ".hen snch a law is reduced to 
writing and publish cd, there is no command to do or for- 
ùcar, but a mere declaration that the members of the society, 
who
e customs are so collectcd, have done or forborne to 
do such and such thing!'; so far as the memory of the oldest 
and wisest goes back. As to the mode in which customary 
\a,ws grew up, and why in the case of various tribt:s of the one 
stock, their laws variedfroll1 each other, there never l}as bcen, 
and we never can oùtain, primary evidence. )[any of the 
customs which generally existetl and now exist among tribal 

ommunitics of the Aryan stock, may ha,.c existed amonO" 
<:> 
their remote ancestors prior to the llispcrsioll of the nations. 



XIV 


nE
ERAL PREF.\CE. 


The cUl1lparisun of early customs with cach uther may prove 
that certain of them, common to many dispersed tribes, are 
of an antiquity which we have no means of estimating, but 
the customs which, on one such comparison, seem abnormal, 
may on further research be found to exist in other tribe
 
still more remotely sevcrcd. Hence to {'ou.fine our attention 
to anyone collection of customs, and to speculate as to the 
antiquity of all or any of the rules contained therein, is 
waste of labour and can lcad to no results. 
A la,\\, or custom may he spoken of as ancient or model'll 
without any reference to the date at which it was in forcc. 
In all nations of the Aryan stocl.., the social forms of the 
primitive tribes are very similar; the original social unit is 
the family existing as joint owners of their property under 
the absolute government of the pateIfamilias; the tribe is 
formed by an aggregate of families; the nation is an aggre- 
gate of tribes, often a union of smaller nationalities. During 
the whole process, from the date at which the isolated familie!l 
coalesced into a tribe, down to the formation of nations 
embracing within their limits men of many tongues anù 
traditions, the forms of !;ocial life have been constantly 
altering, and the law which, whether customary or enactell, 
is the mere reflection of the habits and wants of the people, 
has changed cotempomneously. 
In all European nations the social changes have been 
uniformly in the same direction. Some nations may have 
proceeded further, others may have moveù more slowly than 
their sister communities; some have been cut ofl'in their very 
origin, some perished from unhealthily rapid growth; but 
all have started from the same point, and more or less clearly 
tended to the same result. The laws of all such nations 
though infinite in accillental variations follow the regular 
development of certain general principles of government 
and property. 
A system of law therefore may be spoken of as either 
ancient or modern in so far as its general principles exhibit 
a more or less archaic, qr a more or lees modern form of 
society. Societies in v
ry dissimilar stages of develop- 



C;DH:R.\L PREFACE. 


xv 


ment may d\\ell :side by side'; therefore sy
tem$ of law of 
most varying development may exist cotemporallcously; in a 
few days we may travel from Yienlla to the districts lit 
the frontier regiments, Croatia or Servia; at Vienna the 
civil law is altogether modern, at Agram We are amidst 
archaic house communities.- 
As t\\O systems of law. repre!>enting very different points 
in the course of legal development, may he co temporary, so 
laws exhibiting the same 
tage of legal development may 
he of date!'; very much removed from each other. An archait' 
system of law may in point of time be posterior to a very 
modern systPlll. The carly English law, as contained in 


. 


.. The orig-inal famil
 srstem common to all the blavoni<' nations has b
en 
rr
TYed on the Austrian frontier, by ha, ing been adopted as the basis of a mili- 
tary ()r
anization. 
This system. at once remarkable for its archaic character, ond pres
nt legal 
e"ist
nc
, illustrates in many points tbe nature of the Irish Celti.. famil). 
The subjoined d
scription, an extract from tlle observations of a recent touri-t. 
affords by anticipation to a general rea,ler the information which mar enable him 
to combine many passages in thi. volume which would otherwise seem ,Useou- 
nected ami unintelligible:- 
.. Thc s
 st
m of heou-e-communion< was. accordinl< to Slav writers, common to 
all Slavonic tribes. but in mo<1ern time- it has only survived amongst the South 
Sian or Croato-Serbs. For in-tancp, it has long ago disappear
d from among their 
nearest r
latiol1>i-the Siovenian_ or \\" en<1s of Carnillia. 
.. rhe system of house-communion, stated sn..cintl
., is as follows: Thc land in 
the countries and among the class in \\ hi<'h it prevaile<1 did not belong to indivi- 
rluals, but Wai! held ft.< a sort of trust in )!f'rpetual entail for the benefit of hou<e- 
('()mmunions. A house-communion cnnsisted of a numher of individuals unite<1 by 
an actual, or occasionally a fictitious, tie of consanguinity. All the children of 
members of the house-communion were ip30 facw co-partners in the property of 
what we may call the family corporation. As a woman on marr)ing became at 
once a member of the house-communion to which her husband belonged, member- 
ship in a house-communim) descended only throu
h the male liue. There were 

veral instances in which men entered the communion to \\hich their wives be- 
longed. This, however, the
- did. not in \ ictue of their marria 6 e, but in conse- 
quence or tbeir adoption by the communion, whicb might-in fact often did- 
happen without any such affinity. Unmarried \\omen belonged, of course, to the 
honse-communions of their fathers, and widows to those of their late husbands. 
Should a widow having children marry again, the children of her fonner husband 
remained in the bonse-communion in which they were born, while she herself 
passed into that of her second husband. An adopted member took the surname of 
the hou_communion into which he wa. recehed. 
.. At tbe head ()f each house-communion stood the house-father, who alone repre- 



XVI 


r.E
ERAL PREFACE. 


. 


the so called All
lo-
axon codes, is ancient; the law ad- 
ministered in BI.itain hy the Roman magistrate centuries 
hefore was comparatively modern, in many ref<pects more 
modcrn than the law under which we live. 
In marshalling the precedenæ of the phenomena either 
of the physical or the :::,ocÏal world, priority in develop- 
ment is more important than priority in time. If it be onee 
seen that priority in time is no true test of antiquity, 
wc can realizc how the marsupial animals of our own time 
are in reality more ancient than the extinct felis spelnllcæ 
or the mammoth, and that the !Sturgeon of the Caspian, 
which supplies us with cavi(t/'e, i:s more arl'haic than most 
of the extinct animals of the later strata. 


Rented it in its llealing_ '" ith the ouler ...orld; fur in_tsuce, "ith the g'" ermncnt. 
".hate,-er mllY have been the csse in former time-, the house-father now reseml,Ic. 
a constitutional monarch rather than an autocrat, aud it is an understood thin
 
that he gO\erns the community, IllIt first consults with all the older snd, therefore, 
more influential members of it. Indeell, for all the more important transaction", 
buch as the sale or mortgage of any portion of the property of the cnmlllnnit)., the 
purchase of land, in short, whatever Betuany affects. or may affeet, it. peenniary 
position, the ('on,*,nt of a majority of the male and female memhers above the age 
of eighteen is require,\. It is genernlly understood that the house-father is to he 
the oldest man in the community, who is capable of performing an the duties of 
the office. Consequently, when a house-father feels that he is gettinj; too old he 
resigns his positi,.n. At present the law directs that the house-father is to he 
elected hy the meml,ers of the house-communion and approved hy the militar
- 
authoritie-. :"hould, ho\\enr, the family nnt be "ble to agree in the cIedion of 
t he house-father, hc i
 chosen hy the committee of the commune or township 
(Gellleinde-.ill..scltllss). The hou,c-father Illay he ('a\led tn a('count for his admini,- 
tratiun of the common property, nnd in case of l\ ant of eonfidelll'e another memher 
of the community may be entrustell with extra ke)-s of the dlC't and store-room, 
Kc. A house-father may be only ei
hteen yesrs old, hut whatever may be his a
e 
he is always exempt from military service. 
"Just as a house,eommunion coulll acquire land by I'urehase, so it could also sell 
purtions of its owu estatc. At tbe same time it was not allnwc<l to do what it 
liked with its 0" n in the IIIi1itary I'rolltier. All case_ of transfer had to be suh- 
mitted to the militar)" 8ut1writie.. The military regulations reeognised two cate- 

ories of landed property on the palt of a house-communiou-tir-t1y, what we may 
call the:hereditary cntlliled estate hcIonj;ing to the family, considered b
' the 
authorities sufficient to enable it to disehar
e efficiently its military obligations, 
and, secondly, what the family hall acquired over and ahove the bereditary estate. 
The first was, as s rule, iualienable, and only in e'pecisl ca.es could it be bur- 
dened to the extent of one-third of its valne."-Fm""i!Jhtl!f Rr?:ir1/', Xo. LXI\"., 
N.S" Pl'. 3.2, 3,3. 



GE:'i'ERAL PREFACE. 


xvu 


The principles generally finmd in archaic laws faithfi.ll1y 
represent the condition of trihes fimIled by the aggregation 
of independent families; there is an a,bscncc of any legisla,- 
tive anù judicial authority, and the i,ll'a, of the state, is nut 
only unknown but repugnant to their ha,bits of thought. 
Their laws therefore are merely customary, and their 
judicial proceedings founded upon a, consen!.ual jurisdiction; 
the conception of crimes ha.<; not been formed, and a,ll acts of 
wrong and yiolence, however aggravated, arc trea,ted as 
torts or ,ldicts. Property is held in joint ownership either 
.oy the fiunily or the trihe, and private ownership is tIll' 
exception rather than the rule; the power of dealing with 
property is therefore very limited and testamenwry dis- 
position unknown. The paterfamilias, who in respect to 
property is merely the manager of the joint estate, rule
 
!'.upreme within the limits of the separate lot of his family. 
Kinship, real or fictitious, not contract, is the bond by 
which men are bound together, anù status is the foundation 
of their rights among themselves. 
In a modern society the opposite principles prevJtil; the 
idea of the state has been developed; this abstraction 
n'presents the entin' hody of the nation, which is now 
l"luimlent to the inhabitants of a certain district, and the 
law deals with cach individual separately. There is a 
legislative authority, somewhere placed, which can by it!-l 
command create laws a,nd anne"- sanctions to cnforce them; 
there is a, power \ ested by the state in some person ur 
persons to maintain the peace and protect indi\.iduals from 
wrong or violence; an a,uthority exists possessing original 
jurisdiction and empowered to df'CÍllc in disputes bet\\cen 
individuals within certain local limits; the family union i
 
dissolved, and the statc dcals with individuals, not with family 
communities. Individual prollerty is the rule, a,nd joint 
ownership the exception. The owner of any property has 
full power to dispose of it intu vi'vos or by will. Associa- 
tions of individuals for a common purpose, and their rights 
among themselves, are founded on mutual agreement. There 
is an ever increasing tendency to make contract, express 
b 




 Vlll 


(jE
ERAL PREFACE. 


or implied, the foundation of alll('gal rights and the test by 
which disputes are adjusted. The first step in such a pro- 
gress is the fusion. more or Ie:,,;:; complete, of several tribes 
into one body, and, as a necessary consequence, the estab- 
lishment of a central authority. This may be effected either 
by confederation or conquest. 
The essential point is that the tribes formerly independent 
should consciously form onc body politic. Absolute power 
may he exercise! I by;t single 
overeign over many isolated 
tribe communities without producing any chauge in their 
social condition, as is the case in India. The cxistence of a 
central authority implies the right to command and the 
power to punish, whence arises the idea of law. The central 
authority takes upon itself to maintain the peace and 
prevent private war, and therefurc trcat,> acts of violence 
and wrong as offences again
t itself; hence arises the idea of 
;t crime a<; distinguished from a tort. It necessarily assumes 
the right to determine disp
tcs throughout the district uver 
which its power extends, hence the idea of original as 
distinguished from consensual jurisdiction. The more com- 
pletely the central authority assumes judicial functions and 
promises the redress of wrong, the more must every artificial 
aggregate, whether the tribe or the family, break up, and 
the idea of individuality 1)(' developed. This progress is 
accelerated if the tribc!'. forced into a union vary in their 
eust.oms and traditions, if there be an extensive intercourse 
with foreigners, and if circumstances be such that individual 
cnergy is rewarded by wealth and influence. Thc change in 
the law of property, and the intrOfluction of the principle 
of contract, are the result of the ideas of individuality and 
personal rights, as distinguished from the family bond and 
joint ownership. 
The more or less archaic nature of a code or collection of 
laws may he tested if it be e>..amined with reference to the 
following points :- 


(1.) In what proportion does it contain laws properly 
so called 1 



r; E
 EltAL I'REI!'ACE. 


XIX 


(2.) Does it clisclosc the existence of any central or 
supreme authority possessing legislative and 
judicial }1owels? 
(3.) Are the jUilicial decisions founded upon an original 
or a consensual jurisdiction? 
(4.) Has thc idea of a ('rime hern developcd; and if 
so, what acts are treated as crimes in contradis- 
tinction from the acts regardcd merely as torts? 
(5.) What are the powers of the paterf.'tmilias, and what 
arc the rights of the nl('mbers of a family among 
them:-.elves? 
. (6.) '''hat is the relativc proportion hetween propcrties 
held in joint, and in several ownership? 
(7.) \\ hat are the powers of disposing of property i nf eI' 
1.:ivos, or by will ? 
(8.) How far are the rights and duties of individuale;; 
tre
ttcd a<; flowing from contract rather than 
status; and how fill' is the doctrinc of l'ontract 
a<;sumed as the test to dccide questions respecting 
such rights and .lutics ? 


The social prot,',..e:-.s of a nation and the ;tltl'rations of it
 
law are not nccessarily unifin'llI awl regular. Unde)' the 
force of circumstances the changes in society may bc intro- 
duced at different times and in a varying sequence. Political 
events, the nature of the country, and thc national character 
accelerate some and delay other innovations. Thus amid 
legislation of an advanced dutracter may 1,e found frag- 
ments of archaic custom to which the nation clings with 
peculiar tenacity, such as the power of the patmfamilias 
in the Roman, and the relation of landlord and tenant in 
our own laws. 
In the early English laws and constitution therc cxistcd 
a national sovereignty and original criminal jurisdiction, but 
the ideas of legislative power and crime werc very slowly 
,leveloped; on the contrary, in the l.arly Roman law tIll' 
idea of legislative power was so fully grasped, and that of 
jUilicial power so little understood, that the criminal juris- 
'I 2 



xx 


(; EX ERAL PREFACE. 


diction iLrosl' in the forlll of a legislative enactment applicah]e 
to inllivillual cases. 
8atisfactorily to test the archaic character of the Brchon 
Laws with reference to t]lI' points above suggested is at 
present ,lifficu]t, if not impossible; SII small a portillu ofthest' 
L;LW Tmcts has becn published in an accessible form, and so 
narrow is the range of legal questions discussed in them. 
There relllain as yet unpublished nl.l.ious Tracts especially 
aflapteù to givt' information us to distinct branches of law, 
whieh form the sulded only of incidental reference in the 

enehus 1\1or 01' Book of Aicill. Henee any opiniun as to 
the existence or absí'nce of any legal principle in these laws 
lIIust be adoptcli with the utmost diffidence, and in the 
t'ontident hope that, if erroneous, the materials necessary 
for arri,.ing at a correct conclusion may as soon as possihle 
be rC'llIlere,1 availahle. 
The inquiry as to the antiquity of the Brehon laws is 
further rendcred more difficult by the form and spirit of the 
works themseh-es. The h-ish Rrehon never attempted to 
look at the law as a whole, (II' as it were to regard it from 
without. Having no legislative power, he was under no 
lllomlobligation to impro,'e the law: anù ha,-ing practically 
no knowle1lge of other systems he was not struck by. or 
rather couIcI not discern, its imperfet'tions. He had no 
access to the sourcc fl"Olll which all great legislative reforl1ls 
have becn derivell, the ohsen-atioll of the contiiets and con- 
traùictions of llitfcrent codcs. The idea of the jus !Jeuti lOll 
couhl not spring np in an isolatell community_ This 
treatment of the Brehon Law was that adupted by English 
jIHlges amI lawyers in rcferpnce to the law of real property, 
:t
-gravate,l by the fact that there were no urgent calls for 
reform in thc stationarycollllllunity in which thcBrehon liwd. 
It is the experience of any who have taught a law class of 
professional students that the great difficulty tv overCOllle 
is the tle
irc of the students thelllselves to acquire practical 
information of immediate value, rather than to learn the 
general principles from which the rules of daily use are 
d!rÍved; and tlJCrefore if a professor of law has to live by 


. 



IJEXERAL PREFACE. 


XXi 


the fees of his pupils, he is unùer the constant temptation 
to sacritice the higher to the lower instruction, and to train 
up his hearers as sharp practitioners rather than accom. 
plisheù jurists. 
All the above caU!'ies cumbined to produce the result that 
in the illlmeru;e mass of Brehon law, constructed by gene- 
rations of profe:,<
ional lawyers, there is 11U inquiry into, or 
exposition of, the general principles of the law, but only It 
mass of particular rules awl the discussion of cut questions. 
The nature of the Breholl Law Books and the condition of 
the Iri"h law can be l.ealized by an English lawyer if he 
imagine his library to COIlsi!'it exclusively of books such as 
Chitty's Equity Index constructed without the a.<..:sistance 
of an alphabetic system. It may be added that inasmueh 
a<..: the Blehon lawyer never attemptell to develop general 
principles, he never formed a very dear perception of the 
major premise in his argunwnt; the consequence of which 
is that the modern reader whilc perusing a Brehon Law 
Tract finds himself as it \\ ere CIl\-eloped in a haze, un- 
able to obtain any general view of the 
ystem or tu gra<;p 
at the general principlcs which are a!'ismlled in the dis- 
cussion. 
At only four periods in early Irish hi
tory \\ as there an 
upportunity for the estaùlislullent of legislative authority 
ur the enactment of laws, viz., in the reign of Cormac 
[acAirt, 
A.D. 

ï to A.D. 
(i(j; at the introduction of Clnistianity; in 
the reign of Cormac 
rac C'uileannan, A.D. S!)G to A.D. 90:3 ; 
and in that of Brian Boroimhe, A.D. I OO
 to A.D. 1013. 
There is nu rea.50n to belie
-e that any of the kings here 
mentioned exercised any legislative ur judicial authority. 
To the date of thc introduction of Christianity is referred 
the composition of the Senchus 
lor, although a considerahll' 
portion of it" cllntents, (viz.. the rules of ecclesiastical suc- 
ce!'ision in the Corus Bcscna,) is manifestly later. 
The mode of the composition of the Senehu:,; )[ur, a" ùe- 
tailed in the first published volume of the Ancient Laws and 
Institutes of Ireland, show
 that all, which was really attri- 
lJ11tpd to 
t. Patl'iek,wa,. n t.olllpilati(lll of pre-existin
 ItW". 



..., 


XXll 


(1 E
ERAT. PREFACE. 


"Dubhthach was orùered to f'xhibit the judgment
 and 
all the poetry of Erin, amI every law which prevailed 
:\mong the men of Erin, through the law of nature, and the 
law of the seers, and in the judgments of thp island of 
Erin and in the poets.". 
" It was only necessary for them to exhibit from memory 
what their predecessors had sung, and it waR corrected in 
the presence of Patrick, accorùing to the written law which 
Patrick brought with him, &c. And they arranged and 
added to it."t 
That the early Christian missionaries attempted to alter 
the pre-existing law in respect of homicide and failed 
to do so, may he fairly conjectured from the judgment of 
Dubhthach in the commencement of the Senchus :MOl'. 
The facts of the case are wOlihy of attention. Patrick's 
ehariotcer Odhran was slaill l,y Nuada Derg, the son of 
);,iall; the Haint was indignant and miracles and pOrtClIts 
t.w-me. "And the Loni ordered him to lower his hands tu 
ohtain judgment for his 
ervallt who had been killed, and 
told him tlwt he 'IvlluM get his choice of the Brehons in 
Erin; and he consented to this as God had ordered him." 
lJubhthach 
Iae ua Lugair, "a vessel full of the grace of the 
Holy Spirit," and who had been baptized by Patrick, acts as 
Brehon. The words he addresses to the Saint are very re- 
markable: "It is irksome to me to be in this cause between 
God and man; for if I say that this deed is not to be atoned 
for by eric-fine, it shall he evil for thy honour, and thou 
wilt not (kem it good; amI if I say that eric-fine is to be 
paid and that it is to be avenged, it will not be good in tIw 
sight of God; for what thou hast bruught with thee into 
Erin is the judgmcnt of the Gospel, amI what it contains i
 
perfect forgivenesR of eVl'ry evil by each Jlt.ighbour to the 
other. "That was in Erill l,eforc thee, \\ as the judgment of 
thf' law, i.e., retaliation: a foot for a foot, and an eye for all 
eye, aIHIlife for life."t 
Patrick insisted that a decision shunld be given, and 
bleHsed the Brehon, who thereupon, inspired by the Holy 



 Senchu' ;\[6r, ,""I. i.. pp. U:_1R 


t nid, p. :!j. 


: ]bÙ!, pp, í-!I. 



GEXERAL PREFACE. 


XXllI 


Spirit, delivered as his judgment the put:m commencing: "It 
is the strengthening of Paganism," &c.. 
What is laid down in this popm is the principle that death 
should follow homicide as its punishment, according to the 
Iloctrinp!, of the Christian religion. 
.. The truth of the Lord, 
The testimony of the Kew Law, 
',nrrant that )[ uada shall die; I d=.e.e it. 
Divine knowledge, it is known, <lPcidE'i 
(To \\hich Hneration is duE') 
That each man fllr his crime 
Shall depart unto death. 
* * . * 


Let e\.ery onE' die who kill. a human being; 
E\ en the king who .eel.s a wreath with hi!! b05U, 
"'ho inflicti rell \\ound. intention,llIy. 
I If which an:r per;;on diE'.. 
E\'er)' powerle"- insi
llitic...nt p
rsou. 
Or noble-t of the learned, 
rea, e\ er)' Ih ing' perKOn who inflicts death. 
Whose misdeed< .lre jUllged, -han suffer denth. 
* * * * 


'\ulI<l... is adjudged to Hea\en, 
Aml it is not to denth he is adjudged. 
According to the commentary, Nmllia was put to death, 
and Patrick ohtained H('aven for him. 
The adùre
s of Duhhthach to the Saint speaks of the 
doctrine of retaliation as Im\ ing ehisted in Erin before 
Patrick, although Patrick had lately arrived; and ina<;much 
a" the revision of the law had not commenced, it would follow 
that the doctrine of retaliation was still the existing law; hut 
at the commencement of his address the Brehon says that it 
would he c\ il for Patrick's honour unless the deed was atoned 
fur by :m eric-fine, and having pressed on the Saint the 
Jutyof forgiveness as the law of the Gospel, he, unller the 
inspiration of the Spirit, condemns the criminal to death. 
That the execution was condemned by public opinion, and 
e^cused by native tradition on exceptional grounds, is shown 
by the commentary. .. But there is forgiveness in that sen- 
tence, and there is alsu retaliation, At this day we keep 
between forgiwncss and retaliation, for as at present no one 


· :-;,'n,'hu- 'I,;r. \01. i.. pro 9-11. 



XXIV 


GEXERAL PREFACE. 


has the power of bestowing Heaven, as Patrick had that day, 
so no one is put to death tor his intentional crimes as long 
ns eric-fine is obtnined.". 
It may be concluded that hy the early Christian party 
nn attempt (of course nttributed to St. Patrick) was made to 
inflict capital punishment upon the homicide, and that this 
innovation was rejected by the nation, and subsequently 
excused by the Christians on the ground that the 
criminal passed by the intervention of the Saint directly to 
Heaven. The Brehons were aware that the eric-fine was 
invented to put an end to }.etaliations, and, it being remem- 
bered tlmt the introduction of Christianity was eonnectcil 
with some new principle as to homicide, tllCY attributed to 
the softening influence of the Gospel the custom against 
which the converted Brehon, under the influence of the 
Holy Spirit, had protcsted. The eric-fine must have ap- 
peared as anomalous an institution to a Roman of the fifth 
centUlY as it did to an Englishman of the sixteenth, amI 
the estaHislnnent of a criminal tribunal of original juris- 
Iliction would be one of the first steps taken towards 
the introduction of a higher civilization. The failure to 
introduce so primary a reform illustrates the difficulties 
encountered by the early Christian missionaries in their 
pffort to introduce into Ireland Christianity and Roman 
ci vilization conjointly, and explains why they Celticised their 
(.hurch organization instead of reforming society by the intro- 
(luction of Roman law. 
The progress of society depends not so much un tlw 
establishment of a code of law II)" the single act of a great 
man as on the existence I)f permanent legislative and judicial 
authorities, by which the laws necessary to Illeet the new 
conditions of society are ti'olll time to time enacted and en- 
forced. The total absence of such institutions is the most 
remarkable point in the Brehon law. 


· Senchus 1\I(
r, vol. i.. p. 15. It may be conjectured that St. Patrick baptized 

 nalla; as in n very similar case the chaplain of Pizarro, Fra Yalvenle, having 
contirmed the sentelH'e and signed the death warrant, baptized the Pt:ruvian Inca, 
Atahnallpa. immedi,ltd
' before his execution. 



GE
ERAL PREFACE. 


:XXV 


In the Corus Bescna there is a statement of the reciprocal 
duties of the chief and the tribe, but the only reference to 
any authority e
ercisetl by the chicf is the proclamations 
hy him of the Cairde-Law. The tliffercnt gmdcs of chiefs do 
not appear to have any hierarchic COIlne
ion among them- 
r"dves; their relation is rather with their tenants than with the 
tribemen; the' daer'-stock and' fuitlhir'-tenants were of little 
lllore account than the feudal villains, and it is as between 
these and their chief rather than between the chief and the 
freemen of a tribe that the rules of that tract are laid down. 
The Corus Flatha-Law, we are infonned, embraced the re- 
httion of the chief to those who had chosen to hold under him 
hy'dacr'-stock tenure; in which number would be included 
the' fuidhir' -tenants, whose position, "hill' they continue,l 
tcnants, was the sallle as that of the' daer' -stock tenants; it 
dealt with the hanquets given by the tenant to the lord; 
the manual labour they were houn,I to furnish; the proclama- 
tiOIl
 of Cain-Law, Cain Ie-Law, and hostiùgs, to be made by 
the chief to his tenants; the aid the latter gave to rctIeem 
the pledges of their lord; "regulations and good morals." 
That the idea of a popular 1t5sembly was not unknown 
appears from the Corus Bcscna speaking of the forces of a 
territory being assembled to make goodly Cairde-Law for the 
territory. and apparently also Cain-Law, and to answer the 
daims of "thl)se outside." There is however no reference tu 
anything done or ordained by 8uch assemLly. The position 
of the chief." towards the people may ha,-e changed in the 
interval of time between the text and the commentary. 
In the Corns Be!',cna the éhief." are thus spoken of, "they 
remove foul weather by their good customs of' cain' law and 
right, of good' bescna' and' cairde'-la w." 'fhis passage exprcs:scs 
the very archaic idea that the moral order of the triLl' and 
the observance of ancient eW')toms, under the presidency of the 
chiefs, were followed by calm weather and fruitful sea,>ons.. 
The commentator, mistaking the idea of the original, glosses 
the passage thus-" They put down or remove their over 
chargl::s. It was fair weather for the people when the chief,> 


.. lïde Tran<acti,'n, of tbe Gaelic S\.ciet
-. DuLliD, l
ll
. 



XXVi 


OE"iERAL PREFACE. 


did not overburden them with illegal charges." "fiat the 
legal position of an Irish chief to the tribe was; what poweri! 
he exercised, and over whom; are qlH'stions to which the 
Brehon code has as yet given no definite information; and 
we remain equally ignorant of what powers were exercised 
hy the assembly of tl1P forces of a tenitory. 'Ve are unable 
to gra..c;p clearly what was the social organization of an Irish 
tribe, and often fire doubtful whether it had any definite 
system of action. It is not improbable that the condition of 
the Gauls in the first century before our era foreshadowed 
that of the Irish five centuries after.. The condition of an 
Irish tribe in so far a
 it lacked legislative and judicial au- 
thority, was ancient, but its political form. as that of its 
kindt.ed on the Continent, tended to diffcr from that of the 
archaic tribe communities of other nations of the Aryan stock. 
cc The feeling of citizenship. . had littlc power of spontaneous 
development among finy race of Celtic origin; the natural 
ties which held :-;ociety together among the Gauls were rather 
pe1":';onal than civil."t Popular as
elllblies dealing with puh- 
lic aft'tirs existed among the Gauls in the time of C'æsar, 
and took, as in the ca,:,;e of the Hel \'ctii, cognizance of crime
 
against the state, but they were incapable of asserting their 
rights against a chicf supported by a numerou:-; personal 
fi)llowing. The Celtic national tendency was developed still 
fhrther in Ireland when the original tribe assembly was 
altogether superseded by the retainern of the chief. On the 
other hand, the Scandinavian and Teutonic nations retaincil 
and developed the public meetings üf the original trihe. To 
the retention or loss of this essential clenlPnt of an autono- 
müus tribe community, the difference of the fortunes of the 
Celtic and Teutonic races is mailùy referahle. 
rnder tIll' two first l'ointc; of view a110\.'. suggested, the 


* The assembly of the forces of a territory could have little power over a chi"f 
supported by hi" 'dner-stock ami 'fuidhir'-tenants. "Die cOllstitutâ causæ dictionis 
IJrgetori't ad jll,licium omnem suam familism. ad hominum decem millia, undiqlle 
coegit; et omnes dientes obæratosque suns, quorum magnum Ilumerum habebat, 
f'odem comlu"it; per 1'0.' ne cau"am diceret, se eripuit."-f',IC.. H. G.. lib. I. c. 4. 
t l\Ierh'aJe, R. 11,. \"01. J. p. 25,;, 



GEXF.RAT, PREFACE. 


x'C'"u 


nrchaic character of the Brehon law lies rather in the aL!ience 
of modem ideas than in the preservation of early forms; and 
it is curious rat.her as displaying the òisintegrating tendencies 
of the Celtic character than as pn,,,prving institutions of great 
antiquity. 
The nature of the jurisdiction ul.Jon which the decisions 
of the Brehons were founded, alld the e,-tent to which the 
idea of crime wa.<;, or rather was not, dcveloped, are dis- 
cussed at length in the sullsequellt introòuction to the 
Book of Aicill. It may be here observed, in anticipation of 
the subsequent treatment of the suhject, thnt the modenl 
ideas of origillill jurisdiction and crime are wholly absent 
ii.om the Brehml code. B) the term n CrillH''' or .. cri minal" 
there is no referell
e whatsoever made to tllf' moral or 
immoral nature of an act; a sin is the" iolation of the moral 
code; a crime is a violation of the established law of the 
l"Olnmunity-a di<;obcying of a command given by the state to 
it.. members. 
Iany acts are gross sins which are not crinll'!-, 
and acts ofthe highest virtue may be criminal in till' legaIseIL<;e. 
Although the principles of the Brchon law as to juri<;die- 
tion allli crime are thoroughly archaic, the mode in which 
they are elaborated is of a very different character. This is 
evident upon a comparison with the corresponding portion<; 
of other early codes. In the latter we mect ",ith merdy 
short sentences, attaching certain compensations to dcfinite 
injuries. There are no fine-drawn distinctions, and there is 
an ah,;ence of all subtlety and elaboration. In the Irish 
laws, on the other hand, as the necessary consequence of 
the existence of an hereditnry law caste, thcrp is an over- 
refinement of the most modern character. The hasis is 
archaic, but the mode in which it is treated is of a very 
different nature. This branch of the law appears to be 
rather an abnormal development than a healthy growth, and 
iind!i no representative in other systems of early law. 
The idea of separate property. as ùistinguished from that 
which belongcd to the f.'lmily as an aggregate body, wa
 
quite familiar to the Brehon code. The law in this respect 
i
 not mOrt' an.haic than that which t'xi<:ho,l in Encrland in 
'"' 



XXVlll 


GE
ERAL PREFACE. 


the 12th century. The power of dispo!>ing of property which 
helonged to an indivitlual in severalty was apparently nn- 
limitetl, and there are incidental allusions in the Corns 
Bescna to a disposition by will. The mode in which the 
Brehon code treated qnestions relative to the disposition of 
property, is not such as might he anticipate!l in a collection 
of very ancient customs. I n archaic systems, such as the 
l'ady Roman law, so L'lr as they deal with the disposition of 
property, the most striking peculiarity is that the rights to 
property depend upon certain prescribed acts, which con- 
stitute the conveyance of the subject matter. The per- 
fill'luance of the appropriate ceremony carried the property, 
and was not consitleretl as the evitlence merely of the fact 
that a contract had been entered into in respect of the snbject- 
matter. This principle is so well known in Roman law that 
it is unnecessary to cite any instances therefrom; and it was 
equally prevalent ill onr early English real property law. 
The act of the (lelivcry lIf seizin carried the freehol<l to the 
feoffee, even when pelfol1ned by a person who ha,lno legal 
right to disposc of the land. Even in our own day, in the 
common law conrts, the grantor in a deed, to which he has 
affixed his seal, cannot go behind the deed into the real facts 
of tIlt' transaction. In the Corns Besena this well known 
archaic form of law is ah..ent. The rules tlcal with the 
contmct between the parties, not with the .f(J/'l1wlities hy 
which the property is transferred. From the contract to sell 
arise reciprocal legal rights and obligations. The contract 
may be invalitlated by fraud, suppression, want of sufficient 
authority, &c. There is no reference to any ceremony by 
which the transfer is eflected; all the principles are those of 
a court of equity, though hampered by certain technical awl 
peculiar rules, \Ve han
 not, in any portion of the Breholl 
laws yet publishetl, allY statement of the forms and cere- 
monies used upon the occasion of a conveyance of land, but 
it does not seem to have been more formal than that of 
movable property. Than this portion of the law nothing 
can be less archaic, and here, if anywhere, are the traces of 
the rnlc" of tI-w l.i\.illaw to hI' sought for. Tr:mslatiolls of 



GE:S-ERAL PREFACE. 


'(XIX 


m:\'\.ims of the eivillaw and at least one allusion to a Roman 
lawyer pruve that the more educated Irish were not wholly 
ignorant of the Roman law. To any other 
ourcp it is im- 
po
siblc to refer the irlea of the right of testamentary dis- 
position, and the more so as it i
 founò chietly in connexion 
with the transfer of property to the Church. 
It is to be remarked that there are no rules in the C(lru
 
Bt.sena a'; to the right.,> of the memhcrs of the familia illfn' 
SI'.'>'C, although the rights of the aggre
ate body as against its 
head arc distinctly laid 110\\ n; the sy
tem of ' geilfine' orga- 
nization, so anomalous in its character, a.,> explained in tlH' 
Book of Aieill, lllay in itself be a proof of the 10m:cnesS of 
the family bond. The (\.ltic nationall'haractcr ma.\' have 
tended to dissolve the f
unily cOIIul1unity, as it undouhtèdl
 
hroke up the tribal. AllY doubt, however, as to the original 
form of the family is rl'moved by the rcmarkable section 
whieh concludes the Book of Aicill, in which the community 
of the finnily property and the rights of the aggregate body to 
the sClTice of each of its members are lllost clearly apparent. 
In all laws except tllO
e of a very modern character the 
rights ari'>ing from status much outnumher thuse founded on 
eontract, and it is thcrefore ví'ry remarkable how large a 
portion of the prí'sent volume treat.. of contract. The Book 
of 
\icill contains all the principles of the law relative to the 
hirin
 (If chattels, and of the law of partnership!:>. It also 
dCltrly lays ùown the principle that the relation of landlord 
awl tenant is a matter ,Æ contract, amI that in the flbsence 
of an e
press agreemcnt an impliell one is presumed to exist 
hetween the partics, Than \:he-;e portions of the law nothin;.! 
ean he less archaic. Å \"pry remarkable instance of the 
anticipation of th!' present principles of law is the clearness 
with which the doctrine of contrihutory negligence 011 the 
part of the party injured, and of notice to the injured 
party of any defect in the instrument which was the cause 
of the injury, arc worked out and illustrated. In thcse and 
other similar points the modern turn of thought of the early 
Irish la......yer is remarkable. 
Thc branches of law, improvement in which is most 



xxx 


r.EXER \.L PREY ACE. 


e&scntial for the progref.s (If society, arc those' in which the 
Brehon law is either whony defective, or continued archaic; 
on thc other hal1d many doctrines which generally make 
their appearance only in a very advanced stage of society 
are fully elaborated. The idea of murder was very familiar 
to the popular English mind long beforc the Judges disclllised 
the question of contributOlY negligence. Lord Holt "Was 
obliged to have recourse for the law of bailments to the 
ci\'il code, ccnturies after tIlc establishment of Parliament 
and the organization of the law comis. Brehons, on the 
other hand, who had no conception of a law or a crime dis- 
cussed questions of partnership, and workerl out the applica- 
tion of the law of agency, in a very complete manner. This 
strange mixture of the ancient amI the modern, the less 
civilized and the more ei\'ilized mode of thought, must at 
once strike the rcader 011 a perusal of these laws, which 
exhibit in an unusual degree an unevenness and irregularity 
of development. 
The mode in which the Brehon law acquired its peculiar 
character, whcreby an-hail. and modern ideas of jurisprudence 
appear together in the same law book, in such fashion that 
the modern does not supplant the ancient but is built upon 
it and develops it, call bl' ullllcrstood when the actiun of an 
hereditary law caste is recognised. 
'Ve arc informed in the Renehus Mor that originally th(' 
judicature belonged to the poets alone, "until the contention 
which took place at Emhain :Macha between the two sages, 
viz., Ferccirtne, the poet, and N eidhe, son of Adhna, son 
of Dither, for the sage's gowll which Adhna son of Dither 
had possessed. Obscure indeed was the language which the 
poets spoke in that disputation, and it "Was not plain to the 
chieftains what judgment they had passed.". It \VouM 
appear from this that the customs were originally contained 
in rhythmical composition traditionally handed down through 
successive generations, and that in the lapse of time aUfI 
alteration of language, these compositions had heconH' as 
unintelligible to the laity, aUlI prob
Hy to the bard
 them- 


* Senchus III ór, \ 01. i., p. 19. 



GE
ERAL PREFACE. 


:XXXI 


selves, as the songs of 
uma. to the Roman of the days of 
Augustus.- "These men," said the chieftains, "have their 
jUllgments <"LIld their knowledge to themselves. \Y f 
do not, in the first place, understand what they 
say." "It is evidently the case," said Conchobhar; 
"all shall partake in it from this day forth, hut 
the part of it which is fit for these poets shall not be taken 
from them; each shall have his share of it.''t Some reform 
waS introduced at this date, the particulars of which it i::. 
not easy to collect, hut it is clear that thencetiwth the hards 
ceased to be the depositories of the ancient !.ustom, and the 
Brehon caste was established as an inrlependent class ('),.- 
elusively devoted to the maintenance of the customary law 
in a traditional form. "Until Patrick came, only three 
Clt l <l8CS vf persons were pcrmitted to speak in public in Erin, 
vb., a Chronicler, &c.; a Bard, &c.; a Brehon to pass 
sentence from the precedents and commentaries."t The 
introduction of the wor!l "commentaries" here expre:,ses 
only the idea." of the author of the :-;enchus Mol'. The 
necessary consequcnce of establi::;hing a special hereditary 
leg:!l ca<;te would be, in an parly state of society, to give a 
greater certainty to the application of the cu::;toms to parti- 
cular eases through the iutiuence d traditional precedents, 
but at the 
ame time to involve thp original customs in a 
technical terminology. The decision in a case might be intel- 
ligible amI unifurm, but the Ulode in which it was arrived 
at would be a professional mystery. The 1Ianls state!l what 
was the law, and the chief.. acted on the law laid down 
by them, until it became unintelligible; the Brehon both laid 
down and applied the law, and people never inquired what 
was the law which he so applied. The early Brehon, pos- 
sessing in llÌs own brea.:,t the whole law, a::;sumed a mysterious 
character and wag treated :IS an in'3pired or quasi divine 
personage. 'When the Brehons deviated from the truth of 
nature, there appeared blotches upon their cheek::;; as first 


* "Jam Saliare 
umæ carmen qui laudat, et ilIud, 
Quod mecum ignorat, solus vult scire viderì." 
Hor. 1<:p. 2, I. 86. 
t Senchu5 b16r, vol. i., p. I:). t Ibid, vol. i., p. 19. 



'\:xxn 


GE
EltAL PREF.\CE. 


of all on the right check of Sen l\JacAige, wllCnever he pro- 
nouncerl a false judgment, hnt they disappeared again when 
he had passed a true judgment, &c. Connla never passed a 
false judgment, through the grace of the Holy Ghost, whieh 
was upon him. Reneha Mac ('01 ('lnin was not wont to pass 
judgment until he had powlcred upon it in his breast the 
night before. "
hen Fachtna, his son, had passed a false 
judgment, if in the time of fruit, all the fruit of the territory 
in which it happened fell off" in úne night, &c.; if in time of 
milk, the cows refuse(l their calws; hut if he passed a true 
judgment, the fruit wa.-; 11t'lfect on the trees; hence he re- 
ceived the nanw of Fachtna Tlllbrethach. Rencha )IacAililIa 
ne-ver pronounced a false jllllgment without getting three 
permanent hlotclws on his face for each judgment. Fithd 
had tlH' truth of nature, so that he pronounced no false judg- 
ment. l\lorann ní'ver pronounced a judgment without having' 
a chain round his neck. \Yhen he pronounced a false judg- 
ment the chain tightened round his neck. If he passed 
n true one, it expanded down upon him.". 
The effect of the establishment of an hereditary law caste 
was to haIHi over to certain distinct families the absolute 
determination of what was the custom, the knowledge of 
which they retained in their own hands exclusively, assum- 
ing the character of inspired legal prophets. Such a system 
('ould be overthrown only by a revolution, similar to that 
which had deprived thc hards of their monopoly; but such 
a movellient can only arise when the practical working of 
an institution hecomes intole-rahle, a result which the profes- 
sional position of the Brehons rendered improbable. It was 
their interest to give subst:-mtially just decisions in accord- 
ance with popular ideas of right and wrong, however myste- 
rious were the means by which they arri"ed at them. No 
social causes existed which could lead to an inquiry as to 
the soundness of their general principles. There was not 
any extensive intercourse with foreign nations, nor was there 
any permanent settlement in Ireland of tribes possessing a 
different customary law. There was not even sufficient in- 
ternal traffic to create a market law, in contradistinction 


* Senchus blór, vol. i., p. 2;:;. 



GE
EILU PHEF.\CE. 


XX
lll 


from the immemorial custom.- Su far the law atlministered llY 
the Brehons would be simply the custom relldered my
terious 
and embarrassed by technicalities. But a further and peculiar 
clement is intruduced by the schoul
 of law. The instruction 
in these schools, al> far as we can judge from the Brehon law 
hooks, consisted in the acquisition ufthe customary rules, amI 
thc dexterous application of thcm to particular cases. Tlw 
law of compensation involved in evcry ca.'5e the cunsideration 
uf thc circulllstaul'cs which mitigated or increa
ed the amoullt 
to be awarded, and in some ca.
f'S, when the injury wa." done 
to joint proprietors, the consideration also of the shares in the 
award to which they were respectively entitled. All the 
questions which now arise as to the amount of damages to 
be awarded in actions, either of tort ur contract, must have 
been familiar to the students of such a school, and very IDany 
lluestions as to contracts must have occurred. The principles 
of all laws upon such su1riects take their ri
e from a few 

ilIlple ethical propo
itions; and if wc admit a certain know- 
ledge of the civil law, it may be perceived that such a system 
of legal instruction would lead the pupils to an acquaintance 
with legal principles far beyond the state uf the society in 
which they lived. Thus in a Brehon law school the most 
archaic and modern idea') could coexist without mutual 


. ., The market was th(> space of neutral ground in which, unller the ancient consti- 
tution of "ociety. the members of the different autonomous proprictal). groups mct in 
safety, and bought and sold unshacklerl by customary rule. H"r(>, it seems to me, the 
\lotion of a man's right to get the best price for his wares took its rise, and henc" it 

preado,er the world. lIIarket law, I should here observe, has had a I,';eat fortune in 
legal history. The j.., gentium of the n"man<. thou
h doubtless intended in part 
to adju>t the relations of l:oman citizens to a subject population, grew also in part 
out of commercial exigencies, and the Roman jus .q,nti..m was gradualIy sublimated 
into a moral theory, which amon
 theorie
 not laying claim to religions sanction, 
had no rival in the worM till the ethil'al doctrmes of Bentham made their appear- 
ance. If, howe, er, I could venture to detain yuu with a discussion on technical law. 
I l'"nld ea8ily prove that }\Iarket law has long e'tercised and still exercises a dig- 
"jh i"g anrl transforming influence over thc very class of rules" hich are profoundly 
modifying the more ri
id and archaic branl he- of jurisprudenc(>. The law of l'er- 
-anal or lIIonble Propert
. tend- to absorb the law of Land or Immo, able Pr<>- 
rert
. but the law of Mo,'able Property ten,ls -teadily to a,.-imilat o it,.elf to the La'" 
..f th(> Jlarket."-:I(,uXF. lïll"g' rom,,,,,,,iti,.', p. 1!lö. 


c 



,",XXIY 


(tr.X
;RAL PREFACI:. 


destruction. The lattf'l' woulrl he rlisew:;setI as determining 
the mode of the application of thp former. Ko power existed 
capable of enacting liew laws, and the conservative feeling 
of an hereditary caste would he opposed to such an idea; but 
without in any tIegree assailing the fixetI principles of the 
ancient custom, the disputatious energy, so peculiar to the 
Scoti,had free scope in consirlering how such principles should 
he applie(l under every varying combination of circum- 
stances. 
Any social change, which could have rendered the old 
customs impossible, would haw' given to the advanced 
principles of law familiar to the Brehon an opportunity of 
rapid development; hut the convulsions to which Ireland 
was subject did not tend to (levclope its social state, but 
rather to destroy the whole organization (If society, \\ithout 
suh<;tituting for it any positi\'e systcm, A constant state of 
war obliterates legal rights, and changes the chief of a tribe 
community into the hl'ad of a body of personal retainers. 
The dl'scription of the chid. of the }['Ouires, given by 
Sir John D;tvis, was <Lpplicahlc to Irish chiefs for centuries 
previous. "Besides these mensal lamls, 1\['Ouire had two 
hundred antI forty heeves or thereabouts yearly paid unto 
him, out of the seven baronies, and about his castle at 
lnniskillen, hc had almost a ballihetagh of land which he 
manured with his own churles. And this was .M'Ollire's 
whole estate in certainty, for in right he had no more, 
and in time of peace he did exact no more (i.e., than the 
customary payments); marry, in time of war he made him- 
self master of all, cutting what he listed, and imposing so 
many bonaghts, or hired soldiers, upon them as he had 
occasion to use. For albeit Hugh 1\l'Guirf', who was slain 
in Munster, were indeed a valiant rebel, and the stoutest 
that ever was of his name, notwithstn,ntIing generally the 
natives of the country are reputed the worst swordsmen of 
the north, bl'ing rather inclined to be scholars or husbandmen 
than to be kerne, or men of action. as they tenn rebels in 
this kingdom; and for this cause M'Guire in the late wars 
did hire and wage the greatest part of his soldiers out of 



.;F.\'f.R \L rnEl'".\CE. 


'tXXV 


f'onnaugllt, and out of Breny O.Reillye, amI mane his OW11 
countrymen feed thcm.". 
As the rapid increase of wealth by commercial relations 
with foreign eountrie:-" or the í'stablishment of a strong na- 
tional sovereignty, might hayl' ,leyeloped into a practical code 
adapted to an adnlllcing socit,ty, the speculative legal ideas 
which the Brehon law contained, so the continued disorders 
of the country, destroying the idea of cu
tomary rights, 
diminished the prestige of the Brehon, and reduced him ii.om 
his position as the oracular e
poncnt of right, to that of a 
mere registcr of the local customs of the sept, which custom!'! 
themselws shrunk into little more than the regular applot- 
ment upon the tenant... of the dues claimed by the chief. 
The nature of the law prufcsse,l hy one of the last Brehons is 
clearly shown in the pitiable narrative of Sir John Davis 
contained in the letter above reft'lTed to.t "Touching thc 
certainties of the duties and prO\"i!'.ions yielded unto M'Uuire 
out of these mcnsallanrls, they reft'lTe.l themselvcs to all old 
parchment roll, which they called an imlentnrc, remaining 
in the hands of one O'Rrislan, a chronicler an,l principal 
Brehon of that conntry; whereupon o"Brislan was sent for, 
who lived not fill. from the ('amp, "ho was so aged aud de- 
C'repid as he was scarce ablí' to repair unto us: when he 
was come, we demanded of him a sight of that ancient roll, 
wherein, as we were informed, not only the certainty of 
M'Guire's mensal duties dill appear, but al<;o the particular 
rents and other service which was ans" erable to 1I1'Gui1'e 
out of ewry part of the eoun.try. The old man, seeming to 
be much trouble(l with this demand, made answer that he 
had such a roll in hi<; keeping before the war:;, but that in 
the late rebellion it was burned among others of his papers 
and books by certain English soldiers. 'Ye were told by 
some that were present that this was not true; for they af- 
firmed that they had seen the roll in his hands 
illce the 
wars, Thereupon, my Lord Chancellor being then present 
with us (for he did not lIl"cumpany my Lor,l DqH1ty tn 
R:'Illyshannon, but 
taid behind in the camp'\, ditllllini<.tcl' 
* Yal1an
ey, C,'1. Hih.. vol. i.. p. lfB. t [boo p. I:;
. 
c
 



).XXV) 


(a:XER.\L I'HE)"ACE. 


an oath unto him, awl gave him a very serious charge to 
infiH"m us truly of what was become of the roll. The poor 
old man, f
tching a deep I'>igh, confessed that he knew where 
the roll was, hut that it was dearer to him than his life, and 
thprefore 11<' would neYer (lelin'r it out of his hands unless 
1IIV Lonl Chancellor would take the like oath that the roll 

hon)tll)(. restored to him again. :Jly Lord Chancellor, smi]- 
ing, gave him his hanel and hi
 word t]wt he shonltllmve the 
roll retll'liwl'ed unto him, if he woukl :<nflcr us to take 11 
view aarl copy thereof. AmI tllC'renpon the 0](1 Bl'ehon 
(lrew the roll out of his )U)SOlll, where he (lid continually 
hear it ahout him. [t was not n
r:v ]arg-c, but it was written 
(In hoth sille::. in a fair Irish eharal"ter; howbeit somp part 
of the writin lY was worn and (lefaecd with time and ill- 
'"' 
keeping. 'Ve caused it forthwith to be translated into Eng- 
lish, awl thC'n we perceived how many vessels of butter, and 
how many measures of meal, and how many porks, and other 
such gross duties did arise unto McGuire out of his mensal 
lands." 
The decline of the Brehon from his position as an 
almost oracular expounder of right to that of a mere re- 
corder of local customs is shown by the contrast between 
Dubhthach 
Iac Ua Lugair "a vessel full of the grace of the 
Holy Ghost" and O'Brislan, who prized as a treasure the 
rcnt roll of a petty ehief. 
The system of Brehon law has ùeen at once unduly depre- 
ciah.(l and extravagantly praised. 
The English officials employed in the settlement of Ire]aTIIl 
desired, as a material guarantee agaim;t relellioll, to vest 
large districts in the grantees of the Crown; whose estates 
lll'ki npon English tenures would be subject to forfeitm'p for 
treason. It was anticipated th:Ü thus there could he created 
a class of large proprietors bound ly their own interests to 
support the English Government and enforce English law 
and customs among the occupiers of the land. An hereditary 
class of propriC'tcH"!:;. whOHe ri::;nts conflicted with th.> first 
principles of:t tribal community woukl he forced to ahandon 
their claims to cnieftainries, tlll' ('xistencl' ofwhien was incom- 



l,a:"ERAI. PItD'-\('F, 


X-XXYll 


patihle with the lineal trall"llli'isiull of their estall's. 'I'll(' 
mass of thc population howe,-er, always rejected the forcigll 
i.leas of tenUl"e and primogeniture, and under the pressure 
of local public opinion the royal g-ranLee relapsl'd into tIll' 
position of a tri1al chief The constant failure to establish 
a system of tenure which the English executive regarded as 
at unce an advance in civilization aIHlnecessary for the e),.- 
tension of their intluence, rendered them most hostile to the 
customs of the natiyes, which so often caused their best- 
intf'ntioned designs to miscarry. The partition of the land 
among all the mcmbers of a family or clan cunstantly ren- 
.Iered the royal grants unti uitful of tIle l'csults anticipated; 
anel the well-founded rule, to which the oCl'upants of lal1l1 
h.naciously dung, that the land 1elonged to thc trihe awl 
not to the chief, who during his term of office held cC'rtain 
lamb a1\(1 rights cidllff' o.tJi,.j i ml'rdy, I'reventclI the descen- 
llants uf the original grantees frum ac.plÌrillg a perlllanent 
and transmissible estate in thc lamb. 
Sir J 1Ilm Davis and other English statesmen regarding thc 
Bre}wn law from this puint of view, considercd it to be the 
most formidable ohstacle to tlw intro.luction of ciyilization 
and order; it was in their opinion a law which tended to 
the destruction of the commonwealth. Brehon law was 
thus summarily condemned with reference not to its actual 
principles bu t to political difficn !ties attributed to it at a time 
whcn its exercise had almost cease.l. Beflll'c the introduc- 
tion of historical criticism archaic laws were judgl.d only 
with reference to their practical application to existing 
circumstances; it was not tIlcn imagined that such anti- 
quated s.r8tems were the great repertories of the facts of 
early history. 
Native Iri<;h writers, on the other hand, like all historians 
of unfortunate uatiunalities, have imagined the exis.. ence of 
:w age of gold, intennpted and rlestroye,l by the disa:\ ers to 
which their country was suùjected. The code of h w so 
hated by the English officials of the 17th century, an 1 so 
univprsally suppres<;pd, has heC'n imagineil to have becn ';he 
!!ystem unùer which the herni" age of the Celtie people, n- 


I 



XXXVll1 


I
EXEnAT. PRFFACE. 


joyed a legendary prosperity. Tn it have bepn there:fìm
 
attributed principlelS uf equity, which neither e'Cisted nor 
could have existcd in it or any similar system. 
It is possible for us at thc present time, regarding the 
Brehon law from neither a political nor a patriotic stand 
point, to estimatt' its intrinsic and historical value. 
It cannot be denied that the Brehon code, as administercd 
and elaborated, wa.. an obstacle to any cunsiderable social pro- 
gress. The existence of an hereditary legal caste withtlrew 
the laws from the critici:-;m of public opinion, and prevented 
the eAtahlishment of that legishttive and judicial authority 
which is the first step in national progress. Its fundamental 
principles were those common to all early societies, and of 
which the abandonment is essential to an advancing civiliza- 
tion. Upon these was built an enormous edifice of logical 
anll technical deductions, which must have rendered the 
principles whereby any case was decided unintelligible 
to the parties. The ba.,is and the superstructure were so COlll- 
hillPII that the, often very adnmced, views contained in the 
latter must have fililed to take effect upon the general comli- 
tion of society; the learning of the Brehons llecame thus as 
uselcs;;; to the public as the most fanta;;;tic discussions of the 
schoolmen, and the whole system crystallized into a fOrIH 
which rendered social progress impossible. The Brehml 
system in its full development resembled the English law of 
real property at the commencement of this century, with the 
aggravation that no Parliament existed capable of taking in 
hand the questiun uf legal refiJrlIl. 
The student of legal antiquities will nut find the Brchon 
law as fruitful a source of information as might at first lIt' 
anticipated. The Celtic nations did not retain the ancil"ut 
tribe systcm with the tenacity exhibited 1J.'- their Teutonil' 
and stj-', more 1)' their Sclayonic brethren. Their prefercnee 
for pc' ,onal and social rather thall fur ci,-il anc1legall'clatiou!' 
soon, alike in Gaul and Ireland, depriyed their village C0111- 
mun ities of their most essential characteristics, alHll'reYf'ntetl 
their progress to a higher form of polity. However ancient 
:n point of tinw mny hp the orig'innl te
t. it is in 1.I:l11Y 

 


t 



(;F.
ER.\L PREFACF.. 


XXXIX 


respects less archaic than the early Teutonic co
les and the 
customs of village communities at present existing in Rcla- 
,'onic countries. The commentaries contain, embedded It!:; it 
were in them, certain fra 6 111ents of archaic custom often as 
old if not older than the text, hut are in general remarkahle 
merely as ðhihitions of logical skill. In the two tracts 
published in the present volume the subjects are not treated 
in It manner sufficit.utly exJ1iLustiH' to enable a reader to 
understand the practical working of the system. It is im- 
possible to learn from tlw Book of Aicill who would be the 
plaintiff.. iu any proceeding ari::;ing from an homicille, or 
who, in the default of the criminal. would bc subject 
to liability as heing his kinsmen. Statements upon such 
points were probably unnecessary for the students of the 
period, to whom they were perfectly familiar, but their 
omission must frequently render the perusal of the BrehOll 
law tracts disappointing to the modern rea<kr, "Ill! def-ire" 
to acquire detinite information. 
The great value of the Brehorl law lie
 in the immense 
('ollection of facts relative to the daily life, occupntions, awl 
habits of the people, contained in it. The, ery defect of 
the system, tllf' tendency to con"iùcr inùi, illual cases rather 
than general principles, t
.rced the eompilel"S incidl.ntally to 
describe almost every form of society, c
pecially that onli- 
narily most neglected, the daily life of the commOll people. 
It may he asserted, without fear of contnuliction, that from 
these la\\ s them may be obtained so numeruus a collection 
of notice:" of onlin1lI'." life that an iclea of the ..ocial condition 
of an early Irish comlllullity'may he oùtained as clear, if not 
dearer, than that which we pos
ef-s of Contine null or Engli",h 
slJciety in the milldle ages; and it is to be earnestly ùesired 
that thi" 3.-- yet ullworkl.d mine of information Ulay soon 

il1d an historian poss(:'s
ing the industry aUt 1 learning' rfo- 
lluisite Ìl) turn it to account.'" 


. When the precedin
 Introdnction was already in pre.s, the article of ;\lon9. 
Laveleye, entitled .. Le' Formes l'rimitives .Ie 1a Propriété," appeareù in the 
R vue ck. D,,,z ,"onde,<. The extreme resemL1an
e Letween portions of that e9..l
 
aud the \>re<,p<lill
 Intro,'"l'Iioli i. thHdnre "l."lIy :lC,(,jilenUI. The edill'''' lire 



xl 


GEXERAL PRRFAC'F.. 


n:lturally gratified to find the views containe,) in thE' preceding IntrOlluction 
eupported by the high authority of Mons. Laveleye. They refer particularly to 
the following passage:- 
u I.a philolof;ie et la m),thologie doi,'ent Ie. merveilleuses décoU\ ertes, qu'elles 
out faites récenuuent, à I'emploi de la méthode des étu<]es historiques comparées. 
1\1. Maine pense que cefte mieme méthode, appliquée aux origines du droit, pourrait 
((claireI' d.uu jour tout noU\ eau Ie. phase
 primitives du développement de la ch iJisa- 
tion; on verrait dairement que II's loi. sont, non Ie produit arLitraire des volontés 
humaines, mais Ie résnltat de certaines néces'ités économique. d"<lIIe part et lie 
rautre de certaines idées de justice dérivant du seutiment moral pt religieux. Ces 
néccssités, ces id
es,ces sentimcns,ont été très semLlaLles ct ont agi de la mieme façon 
sur II's sociétés, à une certainI' époque de leur .Iéveloppcment, en Y présidant à l'etah- 
li<sement .I'institutions partout II's miemes. Seulement toutes II's races n'ont marché 
I)U même pas. Tandis que Ie- unes sout déjà sorties de la communauté primitive 
au déLut des temps hiEtoriques, d'autres continuent à pratiqueI' de nos jours un 
régime qui appartieut à renfance de la civili-ation. Dì's II's premiers temps de leur 
annales, Ie. Grecs et II's Romains connaissent la propriété privée dE' la terre, et Ie. 
trace. de rantique communauté du dan sont déjà si effacées qu'iI faut une étude 
attenth'e pour II's retr",,,.er. Les Slaves au contraire n"ont point renoncé au régime 
collect if. La géologie nous apprend aussi 'Jue certains continens ont conservé une 
tJore et une faune qui déjà ailleurs ont dbparu depuis lon,temps. \'est ainsi. 
.Iit-on. qu'en Australie on trou,'e des plantes et des anima,"" 'Jui appartienncnt 
aux ûges antérieurs du développement génlog'ique de notre planète. C'est dans 
de. cas semhlahle. que la mpthode des études comparées peut rendre de grands 
sE'n'ices. :-;i ,'ertaines institutions des temps primitives se sont perpétuées jusqu1, 
nos jours che7.'Jue1ques peuples, c'est là qu'il faut aileI' les surprendre sur Ie ,-if, afin 
de mieux cnmprendrE' UII ét>1t de la rï,-ili>ation qui aillpurs se PI'",) daus la nnit des 
temps. J'essaierai .1'abor(1 (Ie faire connaitre Ie régime .Ies communautés de village 
tel 'Ju'iI existe enl'ore aujourdll11i en nu-sie et à Java. Je montrera; en8uite qne 
"I' rég-ime.a été en ,igueur .Ians l'ancienne GermaniI' et chez la plupart (11'0 peuple
 
.'onnus. ,T'étudierai ..utin II's ('lImlllunaut{.s de familIe si rél'an.lues en Europe an 
moyen ûge. et dont Ie t)"pe s'est couserv{. ju>que sons nos Jeux ..he7. Ie. Slaves 
méridionaux de I'Autriche et de la Turlluie."-" I e$ }ò/'mts Frimi/ive$ dt la 
F""p,..;'/;'."-RFVIlt' dl's [Jellx !IIomles, tom. loom.. f. 13R-139. 
""ith this may be compare,) the follow in!: pa,'age in l\(eLeunan-Prin\itiH 
:\larriage:_ ,. l'or the features of primith I' lifE''' e mu-t look, not to the tribes of 
the Kir
hi" tn"', lJUt tll those of \l'IIlral Afri. :1, the" il<ls of America, the hilIs of 
India, and the Islands of th.. Pal'it;..; "ith some of whom we find marriage I:I\\S 
unknown, the family system nndeveloped, and even thE' onlyaeknowlcdged 1,10011- 
relationship that throug-h the mothers. These fal'ts of to-d.l)" art', in a sense, the 
most ancient history. In thE' sciences of law and society, old mellns not old in 
dlfonnlogy, but in structure; th:lt is most archaic which li..s nearest to the be- 
ginning of human progreo
, considered as a development, and that i. mo't mOlI,rn 
which is furthest removed from that beg-inning." p. 8. 



[ xli ] 


IxTRODUCTIO
 TO PART III. OF THE REXCHUS )[OR 
KXOWX AS "THE CURL'S BESCXA." 
THE subject of the tract entitlell the Corns Bescna is the 
law relatiyp to obligations, or the rights ill/a ,<:e.<:P existing 
IJctwecn the members (If the samc community, in reference 
to the enj(\yment aIllI transmi
siun of propert) . 
The sul
ect is naturally di,'ided into two heads-obli- 
[!ations created hy express cuntract or incident to an actual 
eontract (e cOlli "(felll), and ohligations incident to iJU' social 
"o
itioll of the parties independent of any actual agreement 
J,ctween them (e ,o;:/a//I), but which, although really distinct 
flom obligations e (,O/
t/'tlelll, are in most systems of law 
coupled with them as referahle to some supposed ante- 
('pdent, hut in truth non-existent, agreement between the 
parties. 
There is no attempt maòe to treat either branch of the suI.- 
jrct exhaustiyely. Under the first head the unly express con- 
tract refelTed to is that of the sale and purcha<;e of chattels; 
there is no reference to contracts for the sale or leasing of 
lands, hiring for temporary use, pledging, ..\:c. L nder the 
second head there are rules as to the reciprocal rights of 
the ehief and tribe, the Church aTllI the people, the pead of 
the family ancl its members; but those. flowing from the 
l"l'lation of husl,and anll wife, and many others which may 
at once occur to the !"l'ader, are altogether omitted.- 
The mode in which the sul
ject of express contracts is 
dealt with is singularly illm;
rntive of the manner in which 
the Breh(\n Law Tracts have been compiled. The original 
text, which is perfectly dear and consistent, is almost alto- 
gether confined to the question of the competency of yarious 
dasses of persons to enter into conhact<; of sale; and the 
yalidity or invalidity of the contract is yiewed with refer- 
ence to the power of the contracting parties to enter into 
the contract. Thcre is in the original text but one reference 
to the rights which arise from a contract im alid by 


. They øre tre
tPd of in the Cain Lanamhna. Senchu1 :Uor, '.01. 2, p. 3.2. 



xlii 


I
TRODrCTIOX TO TIlE 


re:1<;on of fraud or mistake. The annexed commentary, which 
has scarcely any connexion with the text, attempt<; to sup- 
plement the deficiencies of the original, and consists of 
various collections of rules as to the rights arising when 
contracts are innLlid from ii'aUlI or mistake. That the com- 
mentary itself was not the work of anyone person appears 
from the fact that the rights arising from an invalid contract 
are laid down no less than five times in different terms 
and with numerous variations, The same more extendCll 
mode of treating tIle su
ject also appears in the glossary, as 
if the person eXplaining the oM text were desirous of finding 
in it legal ideas familiar to himself, but not cOlltemplatell 
hy the original author. Thus, where in the text 11 contract 
between two sane adults is stated to lw valid, the gloss 
introduces the additional qualification that it shouhl be 
with knowledge and warranty, a flualification foreign to a 
rule which treats of the validity of a contract with reference 
to the power of contracting parties to enter into it, and not 
of the validity of the contract with reference to the fraud 
or mistake of the parties. 
It is to be anticipated frllm tIll' history of ancicnt ht\\ 
that the pOltion of the teÀt de'
ote,l to obligations (' COllt /'act /I 
would be small in comparison to that treating of uLligation:-. 
e 8tat1l, awl that the commelltar) would exhibit, so fi.u as 
it treated of the former class, an increased number of legal 
maxims as contrasted "ith the text. In early societies 
organised in families the amount of private property can be 
but small, atHI the number of express contracts insignificant, 
The gradual progress ii'om an ancient to a more mmlem 
form of society. invoh
ing the gradual hreaking'-up of tlH' 
household community. tenlh; tu thp illiTCa'ie of private 
property and thl' multiplication of express ('l'l\tracts, The 
relative proportion of ollligatiflJls (' CIJ,dl'udl{ and (' statu is 
constantly altering; the former must illcrea:-e and the lattC'r 
tlimini:-;h in proportion to the changes which the society 
may undergo. It is useful, therefore, to di:-.tinguish the mode 
in which the text treats the bul
ject of express contracts, as 
contrasted with that adoptpd in the l.Ol1IlIlPntar.\. 



('ORes ßES('
A. 


xliii 


In the text, ('ontract
 arc divided into valid and invalid. 
The validity of a contract depends upon the capacity of tIll' 
parties to cuntract, and the existence of a "consensus" 
between the parties, i.e., the absence of frawi or mistake in 
the contract itself. The capacity to contract depends both 
upon the legal statu
 of the contracting parties and their 
mental a1ility to comprehend the tran
action. At a time 
when the grcater portion of the population did not po
sess 
any absolute right in pruperty, and were then.fure incapable 
of contracting ill respect to it, anll when the property 
possessed by those uf full legal rights was to a large e),.tent 
enjoyed by them, not in their individual capacity, but as 
the heads of and trm,tees for communities, the validity of 
a contract would be most frequently impugned upon the 
g-round either of the status of the contracting party or the 
I"eal ownership of the subject-matter of the contract. To 
these two subjects the attentiun of the authors of the 
uriginal text is chiefly directed; the former is discussell in 
the portion of the tcxt which prof('s
es to Ileal with e)\.press 
contract;;; the latter is postpuned to that which rliscus<;es 
the relations between the head and the lIIembers of a coll1- 
munity in relation tu the joint propert), 
Yalid contracts are divillell intn three classl's, viz" thost' 
hetween (1) 'l:ln'-per:5ons, (
). saer'-l'er:>ons, and (:3) sane 
:tdllits. COlltract
 thus valid are manifestly contrasted 
with those afterwards treated a
 invalid, viz., those made 
with' fuidhir' -tenants of a chief, ' daer '-stock tenants of a 
church, proclaimed fugitives. sons, women, icliot!'., and per- 
sons without sense. KcitilCr cla""ification is consistent; 
lmt the obvious meaning is, that the former class posse
sed 
the r('lluisitc legal status anJ mental capacity, and that the 
!:ttter failed in either one or other of these relPlÏsites. 
The first class of persons specified as capable of entering 
into \
alid contracts are described as 'làn ' or ' sUn '-persons. 
The first term means "full ur complete persons," and is 
glossed as meaning persons who enter into a contract in 
which full value if! given on both sides; tlw :-'l'l'ond term may 
mean" Olle whose contraet-; arc sf.lund,'. .\"(", It i<;, however. 



xliv 


IXTRODrCTIOX TO THE 


C'viùent from the context, that the term, whatf'vpr he its 
precise meaning, indicates a class capable of contracting, 
awl not the parties to a contract of any peculiar charaetpr, 
The ' saer '-tenants, who are capable of contracting, am 
eontrasted with the 'fuidhir' -tenants of the chief and the 
'daer '-stock tenants of a church, as the sane adult is 
f'ontrasted with the fool or idiot. It may therefore be pre- 
sumeù that the' lân '-person is similarly contrasted with 
the son, the wife, amI proclaimed fugitive, who could 
possess no independent legal position, but remained in the 
hand of the head of the householcl in which they allode. 
If this vipw of the meaning of the text be correct, the 
'Un '-person woultl be simply one who po:s:.cssed full ci,
il 
right!'!, awl would correspond to the Teutonic freeman as 
f'ontrasted with members of the classes described as unfree. 
All persons incapable of making vali,} contracts were in 
the position which is occupied by married women and 
minors in English law. :-5ons,' fuidhir' -tenants of a chief, 
, lIaer' -stock tenants of a church, proclaimed f'l1gitives, 
women, idiots, 
\:;c., could not he hound by any contract, 
whether for their advantage or otherwise, without the con- 
sent of the person in whoRe hand they were. :-5uch consent 
could be shown by suhsequent express adoption, or the 
mere omission to repwliate. 
III considering the COllst:'l!nenCes of a contract bpillg 
invalidated by reason of fraud or mistake, the early form of 
social organization must be borne in recollection. :Modem 
ideas ai, to contracts arp applicable only where the rights 
of individual ownership have been once established. The 
absolute owner of property e),.erciscs his own judòrment for 
his own benefit, and is therefore justly liable to the results 
of his own indiscretion, and if he knowingly enter into a 
disadvantageous contract, is as much bound to fnlnl it as if 
it had been of the utmost advantage. 
But when the parties to contracts, or one of them, deal with 
the common property of a family, and repreRent not them- 
selves only, but the community of which they are the legal 
gu:tl"Ilian
, the 'lllestion must arise, whether their power to 



CORLR BESCKA. 


"{lv 


contract be not 1ll0difielL by their position. If they are 
representativcs of a commtll1ity, and not ahsolute owncr:,; of 
property, they sell any portion of the COlllmon stock as con- 
structive agents acting on behalf of the entin- community; 
their power of sale must be limited by the extent of their 
implied agency; and their authOlity on behalf of the COIl1- 
nnmity must be to dispose of its property for the g'l'lH'ral 
advantage to the hest of their skill and judgment. If 01(' 
]waù of It family wantonly or knowingly purchased detective 
articles, the !"Ontract couill be repmliaterl by the conllllunity as 
maùe without their authority. If the community acts only 
through its head, who has himself entered into the contract in 
question, he pould himself repudi
tte it on behalf of the COIn- 
munity. The repudiation of contracts, as injurious to the 
community, which the hpad of 
Uly such community had 
entered into on its behalf, would naturally lead, by a falsI' 
analogy, to the doctrine that an individual might within 
reasonable limits annul a contract disadvantageous to him- 
self. Property in common preceded individual property, 
and the incidents of a contract, which existed when tJw 

mbject-matter was common property, JUay subsequently 
]Iave attached in the customary law to the contracts dealing 
with a different species of property. Thi., doctrine appears 
in the text in the following paragraph (page 7) :-" In a 
had contract, which is known to be ball, made by sensiLle 
men, the fraud is divided in two; the half is paid by the 
'roach '-sureties, the other half is forfeited." The meaning 
of which, as explained by the gloss, appears to be-" if two 
JUen enter into a contract, which is tainted by fraud, by 
reason that the article sold is nut such as it is represente,l 
to be l,y the vendor, aTHI the fraud is known to the pur- 
dm
e1", in consequence of the knowledgl' by the purchaser 
uf the fmud practised upon him, the deficiency in value of 
the article sold is divided into two parts, one of which is 
pa.id on account of the warrant,y or representation of the 
nndur to the purchaser, the other half is forfeited by the 
purchaser and retained hy the vendor." From this para- 

r:1ph it may he concludell that t1w "knowlPdge" râerred 



xlvi 


IXTnOlH'CTIOX TO TII E 


to in the commcntaries is the knowledge of the }nm:ha'lf'r, 
not of thc velHlor, as to thc defective con.lition of the 
at-tide. In the commentary thc rights ari
ing from a con- 
tract invalid by mistake or francl arc repeatedly lai<1 rlown 
in substantially the Rame terms. 
Contracts invalid from the deficiency or defect of the 
article sold are divided into classes with reference to the 
f'xistence, or non-existence, of a wananty by the vendor, of 
the nature of thc subjcct-mattl-r of the contract, and know- 
ledgf' by the purcha
cr of the deficiency or defect by rea!'OT\ 
of which the contract is invalirlated. The subdivisions of 
!'ontractR are, therefore, four in munb('r :-(1) in the casc 
of knowledge and warranty, thc contract i<; dissolul)le for 
twenty-four hOUTR. hut aftcrwards hinding; (2) ill the 
ah::;encc of hoth knowledgc and warranty, it is dissoluble 
for ten days; (3) if ther(' bc a warranty but no knowledge, 
the purchac;;et" may recovcr the amount of the deficiency or 
,Icfect within tcn da.\'s; an.l (4) in tll(' ca."!e of knowledge, 
hut without warranty, the third of the amount in which 
the purchaser is c]('frauclcd is IORt by him after the lapse 
of twenty-foul' 11oms, but for the space of ten days 11e ma.y 
re("over thc third of tllC deficiency or the consideration.'" 
Having treated of expresspd contracts (contl'acts by 1IJO)-rl 
of mouth), the text proceed
 to implied contracts, or rather 
those duties attaching to the status of a man, which are 
explained by the legal fiction of constructive or implied 
contract. 
AH order
 in society are supposed to exist by their 
special rules, which the members nf each class (impliedly) 
have promised to observe. 
For each original class there exists its own customary 
('ode. In cach territory there are three customary code.<;- 


... It is most difficult to reduce the commentary as to the conseljuences of the 
invalidity of contracts, ari.hl
 from fraud and mistake, to any delinite principle.. 
The explanation given in this introrlnction a
 to the meaning of the terms 
"knowledge" and "warranty" is founded upon the comparison of the various 
passag-e>!. It il to be admitted that it is not free from difficulty, and the rcmedips 
given in the four cla
'es of im alid cont.rads cannot be satisfactorily explained 
upon this assumption. 



CORn; BESC
A. 


xlvii 


that of the chief (, em'l/S jlntlw'), of the t,'ibe C' COI'llS fine '), 
and of the lowel' orderf> C' COl'ltS feint"). The first dcfìne
 the 
duties of tIw (tribesman (1) or) tcnant to the chief; tlw 
sceond deals with di...tribution and transmission of the trihc 
land among the natural Cborn) trihc:-:men; thc third treat!': 
of the suhjects in which all the inhabitants of the tribe 
district- are intere!Otell, yiz., tillage in common, marri.agc, 
giving in charge, loan-lemling, &c. 
The' corus flat1m '-law, conversant with the relations be- 
tween the chief amI his tenants (glossed 'daer'-stock tcnant.'\ 
comprise,l--(l) banquct-s. the feasts giyCl1 by tenants; C
) 
lahour service!':; (3) proclamations; C 4) pledges, given by 
the chief for thc fulfilment of their duties by his trihe; and 
C.')) regulations and morals. 
The text, as far as it dcals with the' corus flat1m '-regu- 
gulation s , i!': extremely vague, aIllI takes the form of abstract 
moral st.'ttcments rathcr t11an of legal propositions. This 
may be accounted for. if it 1)(' rememhered t11at there wa!': 
no univcrsal form of the 'corus flatha' prevailing throughout 
the island, as the selection of English customary law known 
as t11e common law prevailed tI1l"()ughout Englan<<l. Ever,r 
territory posse,..,,
d its own' corus t1atha,' as evcry manor in 
Francc or England it:-. own usages and customs. The samc 
diversity existed a!': tu the regulati()ns comprised in the 
'corus fine' and t11e' corus feine: The limit,> of variation 
would be greatest in the filst and narrowest in the third of 
the above codes, if it is allowable to make any conjecture 
on the subject from the analogy of other carly customary 
laws. The author of t11e text clearly regards the several 
'corus '-regulation'3 as the result uf local customs, and 
pointedly refers to t11is in the question-" How many 
. corus '-regulation!': are there in a territory 1" 
The text proceeds to divide banquet." into three classes, 
the two former of which alone can be considered the subject 
of legislation, viz., (1) godly banquets, (2) human banquets, 
and (3) demon fea<;ts. 
The godly banquets are feasts or refections cOlillected 
with the performance of religious sacraments or rites, or the 



xlviii 


IXTlWI>t:'CTIOK TO THE 


works of charity cnjoincd by Christian doctrine. The formcr 
plass inclmles-(l) the Sunday meal given by 3 married 
pair to their church, which might he given weekly "without 
ale" or monthly" with ale;" (
) thc celebration by a feast 
of the high Fe:,;tivals, such as Easter or ChriHtmas; (3) the 
fl'aHt given as the price of baptism; (-1) the feast on the 
consecration of a church. The lattf'r class comprises- 
(1) tithes and first fruits, &c.; (2) feeding a pilgrim; (3) 
charity to the poor. F'or the payment of tithes, first fruits, 
allli alms by their people, thc chief" gave pledges to thp 
church, which the parties primarily sulJject to the payment 
were required to redeem in case of their failure to perform 
the service. The usual confusion l,etween what is morally 
right ana leg a lly exigihle appears in this sectioll, to under- 

tand which it is nece:,;sary to realize how very small must 
have been the territory and following of a large proportion 
of those who are llesignated as "chiefs." 
Under the tcrm "human feasts" arc included the 
customary entertaimncnts givcn by the tenant to the chid: 
the origin of all the abuses subsequently knuwn under the 
general terIn of cess, and the duty of providing provisions 
for the assembled hody of the tribe on particular occasions, 
('.y., "when the forces of a territory were assemhled for the 
purpose of demanding law and pruof, and answering to 
illegality." 
The thinl spccies uf bamplCts are Bot a suhject of law in any 
sen:,;o; they are defined as demon feasts, i.e., Lanquets given 
to the sons of death and ball men, i.e., to 1ew(1 persons 
:lnd satirists, amI jesters, huffoons, and mountebanks, and 
outlaws, and heathens and harlots, amI had people in 
general. "Such a feast," it is aiMed, "is forfeited to the 
ilemon." There is not in the text (my enaetll1cnt or rule 
prohibiting the:,;e entertainmcnts, which are merely placed 
\1111101' a moral censurc. Hcre possibly may he recognised 
OlllC early prohihit.ion :1gainst thc celehration of heathen 
l1!"ageH. The l)orti()n of the tcxt cOl1llllencing with" i.e. Lo 
lewil persons,"' &c., is l'wbahly a late interpolat.ion afkr 
(
hri
tianit\ wa
 o..'n('ral1y e:-tft hlislwd. HlIIl tlw celcbra- 
. 
 
 



CORes BESCXA. 


xlix 


tiun of heathen rites Imll (:l'asefl to be usual. Lt may he 
remarked. that thc intruduction of the term hcathcn into 
this portion of thc text. shows that at a date long snbsequl,'nt 
to the introduction of Christianity there were existing in 
the island some who still aòheretl to the oM wOl.ship, and 
as such werc ('lasse( 1 by th,' Church among "had people in 
gencra1." 
The . ('orm; tlatlm '-law is eXplained in the gloss ;\1; 
treating of the law hctween thc chief and his 'daer '- 
tenants, but the enumeration of the spccitie acb; uf service 
included in this custom wuuhllcad to the supposition that 
the' corus tlat\m' must ha\'e dealt with the rclationH be- 
tween the chief amI the trihPSlllen gencrally. These work 
services included service fur a hosting-, Imilding a ',lun '- 
fort, the redemption of a pledge (probably that given hy 
the chief for tllf' trihc), fin. a mpeting for attack or defence, 
t;,r serving God, assisting in the work of thc Lord, &c. 
Th(' services embraced in this list cannot bc confined to 
thof,e who stood in the rl'lation of ',laer' -tenancy to ehief<; ; 
they are obviously the duties which wouM fall upon all the 
lIIemlJers of the tribal cOlllmunity. 
Thcre is no information givell as to the mode in which 
the performance of the selTicc to be rend!'r!',l I'onhl 1.1' 
,'ufurced. The only pellalty mentioned is what may he 
,'onsidercd as a partial "t1nt,nldto copitt R , viz., that the 
person who did not fulfil the law of serviec should not llave 
full ',lire '-fine; t1ms a failure to perform thc duties inei- 
(lent to the position of it memhl'r of a community w(ould 
degrad!' the guilty party so as to cause the damages payahle 
fin. injuries to himself to be proportionably l1iminished. 
There are no means furnished hy the text or commentary 
..f a<;certaining the amuunt or frequency flf the services to be 
rendered under the' eorus flatha.' The aetual amount and 
lI<lturc uf such services must have fluctuated with the 
custom of each territory, awl tlu:ir character i1; such that 
they mu!>t have hcen most uncertain in their incidence. In 
;I. primitiw community no attempt is made to reduce such 
watte'\",; to '."I'taintV,II\" tllcakulate' their amuunt: in sueh :0 
, ,{ 



1 


T'\TRODUCTTO
 TO THE 


society that which is universally believer! to br the enc;tom 
is performccl unller t1lP pressure of general puhlic opinion, 
without inquiry or calculation. In the present tract scanty 
allusion is made to the customary laws defined as the' corus 
fine' and' eorus feine.' 
The portion of thc tract which has heen hitherto con- 
si,lered is, in the point of view of tIle compiler, distin;""llish- 
abl!' from the subsequent part. 
The first part is intended to dcal with purely customary 
law, the origin of which is not referable to any person or 
time; the latter portion of the tract, Ilea ling chiefly with 
the rules connected with ecclesiastical e,.,tahlishments, must 
have been felt to hare had an origin, :m(] is naturally 
attributed to the period of the introduction of Christianity. 
" Every lnw which is here (i.t'. in the preceding portion of 
the tract) was Linding until the t\\'O laws were estÆthlished. 
The law of nature \\"ns with the men of Erin until the 
coming of the fnith in the days of Laeghaire, son (If Xial. 
It wa<.; in his time Patrick eame. It was after the men of 
Erin harl l,clievcd Patrick that the othpr two laws wer!' 
established-the law of nature and the law of the letter.". 
\Vhat were the i(lens of the writer of the text as to the 
origin and llleaning of the law uf nature it is not ea.<.;y to 
disco\ er; hut the following is &uggested as a prohable 
explanation. Tn early societies men do not obey the com- 
mands of the law, hut rather conform their conduct to t1H' 
immemorial usage nud habit of the community. The ne},..t 
step in legal tlt'\-elopment is the half-inspired decl:Jration of 
some judge, emhodied in the forlll of a judgment, upon an 
individual case: and such a decree or specific command is 
considered as a leading authority morally binding upon 
subsequent judges in similar ca.<';l's, and imagined ultimately 
tu represent the law as it existed at the date of the original 
Ilecisiol1. 
In the Irish tribt's there existed an hereditary caste, which, 
in some manner unknown to us, had acquired the exclusive 


. Pøgte 27, 29. 



('one, ßt:
C\A. 


Ii 


rigllt of arbitration in the cases which disputants, either 
ynluntarily or under the pressure of public opinion anJ 
custom, submitte(l to their decÏ:-åon. The condition of 
society among the Irish tribes waq such that a very large 
propoxtion of leading ca<;es would he handed down in the 
h p rcllitary legal I"a<;te. amI very many such authorities 
would be traditionally prespn"cd. It is evident that very 
many of the paragraphs in the commeutaries upon the text 
ill this volume are summaries of such decisions, written in 
under the preceding paragraph of the text as t11f' title to 
whieh thcy arc referable. The term" law of nature" must 
have been introduced after the introùuction uf Christianity. 
It is c\-idcutly a translation of the jll,
 notlll'ale or jus 
9f'nt1U'm, which, in the fuurth century, W"1lq used in the later 
Sf'nse of a law founded npon ahstract moral principles. 
The authors of the glnsses f'lC'arly saw that what was meant 
by the Irish term (pecht; mC111
) wa.<, \"('Q. different from 
the rcceiwd meaning of the Latin words, and they explain 
it as the law" of the just men." :md again as tlle law" of 
the Brellons :\Ioran, amI Fithal. 
c.," i.e., the mass of prior 
(lecisions preserycd among thc Brehon das
 as leading 
cases. An hereditary caste of lawyers must have from an 
mrly period distinf,"l1ishNI IJetwf'en the two distillct hases 
up0n which cases were to be decidc(l, the decisinlls tradi- 
tionally handed down, an(l (to some l'xtent) generally 
applicable, and the local customs, to bt. proved in many 
c&-
s as matteI'S of fad. Thus, ('v en at the introduction of 
Christianity. the double char1}.ct('r of the law may have 
attracted oh;,el"\"ation. Dl'on this mi
ed body of local 
custom and leading casps there was superaòded, on the 
introduction of r'hristi:mity. what is described as "the law 
of the letter." 
There is no traee that any new legislation, either derived 
from Roman !'ourc('s or founded upon special1y Cllri<;tian 
morality, wa,<; introducNl by Patrick; on the contrary, the 
traditional tribc-law hecame the ecclesiastical law, anò HH' 
Roman id(';)1' of Christian organization were wholly UTI- 
kJl(l\\n in tlw lri:o:h (,hurch. All that is nttributl'd t.. 
d
 



Iii 


IX'fItlJlJCCTlOX TO TilE 


Patrick is the l'l
ectioll of that portiun llf thc pre-cxisting 
law wllÏeh \Va" inconsistent with the llew religion, anò, 
further, a collection of the nati,-e laws as they then e"X.isted. 
But althuugh nu new laws were systematically introduced, 
a large lJUtly of new law must have arisen. 
The rull"s with reference to ecclesiastical establishments, 
although lllotlpUefl on the old trihe-law, wpre manifestly 
npw. The rights of thl' Church, the succession to pcdesias- 
tical dignities, the relations of the tribe of the saint anò thl' 
tribe of the land, &c., pr()(hH'l'tl a ti.C'sh horly of customary 
law, evidently distin
uishablt' from tll(' old cust.)m, and. 
r,pecially connpctetl with l'cclesiastical hOllies. This may be 
considered to bc what is llll'ant II)" the law of the letter. not 
hecause it wa" at any time (,I!ach'd or puhlishpd as a new 
\\l"itten law, but because ('hristianity, with which the laws 
of ecclesiastical bodies would ht. l.onfoumled, was regarded 
as the religion of "the book," not of any particular hook or 
hooks, hut as intimately connected with the introduction of 
books and writing into the island. 
The uncertain nature of the text of such a document as 
that unùer diseussioll is clearly sIlO" II by the contents of 
the orig-inal text ill pages 1 to 
ï. The text a"serts that 
.. every law. which is here, was bilHlin
 until the two laws 
(of natnre antI tIll' letter) wen' established;" ne,-erthel('ss, 
in the preceding' purtion of the tl'xt there are 1111l1H'rUWI 
referpnces to institntions lll'cl'ssarily suhspquent to the 
introduction of Christianity, "e.g. tiH1CS, first fhlÏts, abhots," 
<\:c. The compiler of the text must have been guilty either 
of great carelessness in 
\,llopting the cotemporary form 
of the custom as descriptive of the customary law before 
Patrick, or the text of the old custom has heen from time 
to time largely interpolatc,l. Buth causeS llIay have aett-,I 
together. The old trnr1itional tin.JIluh{' would be altered ],y 
..l'fen:'nl'cs t.o institlltillJ\s l.f 1:1 tror int.roduct.ion. atHI the 
,>ompih'l' may lJaye :lIIlIpted tl!(' text thell I'urrl'nt in it3 
altered slate. 
Th(' tI'xt "l'ts "nt. in the 1)I''\.t. 1'1:11"" tIw reciprocnl righb 
qf the Church awl the }J,_'ol'k; tlLf' ('hureh is lullllld to per- 



coR!', nEsf''X.\. 


Ji ii 


form it:> ohligation,> towfml the people, the people to fulfil 
their services to the Chur
h. The rights anù olJligatiuns 
on both side, are based, nut upon an assumed contract, hut 
upon the perfë)nnance of reciprocal duties. 
If the laity fulfil their dutie,> toward the Church, the 
latter is hound to perform the rites of baptism, communion. 
:l1ld the rC'luiem, aUlI " offering from every church to evcry 
person after his proper belief, with the recital of the word 
of Gorl to all who listen to it and keep it." The member::> 
of a monastic community were al:"o lJound, for the benefit 
of the laity, to preselTe their rcspective proper positions. su 
that the offerings of the laity might be legal. 
The rights of the Church as against the people are' 
Ileclared to be-(l) tithes, (2) first ii'uits, and (:3) firstlings, 
\, hich were Ilue to the Church from her subjects. 
Tithes are generally supposcd to have been introduced 
into Ireland by the Council of l'ashel in l1ï
; hut the 
third canon of that council directs, not that tithes shouI.l 
he paill to tlll' ('Inn.ch hy the laity. but .. that all good 
Christians do pay the tithe" of beasts, corn, and other 
produce to the church of the parish in which they live." 
By this canon. tithes Illny haw becn first introduced; or it 
may treat them as a pre-existing right of the ('hurch; in 
which case the reform intl.nded to be effected \\ as either 
tlwt all the laity shòuh! pay tithes, or that the titlle" of all 
the laity should be paid to the churches of the parishes in 
\\ hieh they lin-d. The latter practice had been tlll'n lately 
established in England; lJUt though the form of the can011 
is English, the text of the present tract leads to the sUPl'o- 
sition that the extension of tithes to all the laity may have 
been the chief object of the Irish canon. That tithes LlS a legal 
úbligatiun were introduced in the time of Patrick as part of 
the law of the letter is most improhlble. The canonical ùut
 
of paying tithes fir
t appears in ihe decrees of sume of the 
:French councils of the sixth century. The ll'gal, thuugh yet 
only occasional, payment of tithes appears nrst about the 
close of the .Merovingian dynasty. The clergy first oL- 
tained on the ('ontinpnt a )pgal ri
ht to tithp,> hy tlIP Car- 



liv 


lXTRODCCTIOX TO nIl': 


olingian Capitularies of A.D. 7f\:). Tithes. in the ordinary 
sense of the word, could not have been intrOlluccd into 
Ireland in the time of Patrick-probably not before the 
eighth century. It may be asserted with equal confidence 
that the Irish Church was never reformed upon the con- 
tinental model before the twelfth century, and that its 
ecclesiastical system. as it existed prior to that date, was of 
native development. We lIlust not overlook the possibility 
that the portions of the Brehon Law Tracts which deal with 
tllP quc!'tion of tithes may he comparath"ely modern. But 
although the date of tllP Brf'hon Tracts, in thpir pre!>ellt 
form, is probably much later than that attributed to them, 
it is impossible to bring the text down to a date at which 
the rules as to tithes, if first introòut:t'(l in the twelfth 
century, had passeù into customary law. The difficulties 
on the point may be met by the supposition that the origin 
of tithes in Irelanò was illll,'pewlent of their eauonical or 
lc;::-al estahlishment on the Continent, and that the character 
of the tithes :mò that of the persons by WhOlll they were 
paill were different. Tithes Wl'rf' possibly founded upon the 
a,-,sUluption that the ordinances of the Levitical Coùe \VerI" 
of' nniHrsal oblilration. and that, wlwn the Chri:-.tian Church 
,., 
Hwl its prie,-;ts were oncl' estahlished in the position OCI'll- 
pied by the Temple and Levites, tithes, hy the di,"inp 
law, became pnyahlc to the clergy. ::;lleh ide,ls had been 
I'lIlbodied in the decrees of councils in the sixth I"t'ntury, 
and it is, therefore, probable that thcy wert' not unknown 
to the early Irish Church. which in its Ol.jgin nppears not 
to han- been free from GaUic influence. The estahli:-.llluent 
of the ('hureh in the place of thc Lcvites lllny not impro- 
hahly haye LeeH an idea fnmiliar to the miml of the ('arl
' 
missionary.*' 


* That the rip;ht
 of the Chun'h to tithes \\ere R,serted in the sixth .'cntur)', hUI 
till' tithes tlwm,elves were not regularly paid. appears from the follo\Vin
 passages:- 
.. I.<>g;es <1i\'inæ, consulentes sacerdotihns uc )lini,tris Eccle,iarnm, pro hære<lit.lti- 
}mrtione omni populo pTæt
f'perllnt Dedma", fructnulII ""UufUlll lucÏs sa<<.oris p..æstart:', 
lit nullo labore impe<1iti, hori
 legitimi. spiritllalilms possint \acare mini.terii". 
<<.)118...1, Ipp:e", f'hristianoruln ('ong'('ri(Ui l()ll
b t,-mporihu"i cu4ulih it iut
nlPrdt:l:4. 

l11W :tntHn l'alllntirn præY:1rÏf'at'll"t 
 1(':.::nl1l P(f'l1t> f'llli..tiani 0Il111P'- f,
t('udulltur. 



fORt'S BF.SC
A. 


Iv 


In refel'ence to this suhject, it is necessary fh'st, to examine 
the text with the ohject of a'lccrtainiug what was under- 
stood by the payment of titl1l's, and then, to consider 
whether, in the first establishment of the Church, there 
were or were not circumstances which might have led to 
tlU' in<;titutioll of such tithes as are referrc(l to in the text. 
The text runs :-" Tlw right of a Church from the people 
is tithes and first fruits awl tirstlings; these are due to:t 
Church from her memher'l" (j.P. according to the gloss, from 
ht'r su1Üects). Tithe
, first fruits, and firstling", an- here 
dal>Scd tugetlwr as equally claimed ,,
. the Church. 



 


,lum ea qUI!! Ji\ initu
 
Rncita Bunt, adimplere negliWlnt. Unde "tRtuimu
 ao: 
.la-ernimus ut mos antiquu. a fide\ibu
 reparetur, et Decimas Eccle>ia'ticia 
flllUu\antibus ceren"'nii
 popu]ns oUlni. inferat, 'lUllS ...cerdote. aut in paul'erulll 
usnm, aut in capth'orum redelllptionelll præro
ante
, snÍ3 orationibus pacem 
populo et sa\utem impetr:mt. Si rlui-. autem contumax no.tris IItlltutis saluberrimi. 
luerit. & membris ecclesiæ omni tempore separetur."--(Collcil. .'lati.corlm.t, IL, 
cap. ,;: Bru.... .. Can. Ã]Jo,. tt ('01..;' \ 01. ii.. 1" :?:>O, .1. D. 5:-;:>). 
In the letter of the TIishops of the diocese oi [urin to their Bod.s. A.D. ,jG7. the 
I'c o ple are e,,-horted, .. ut unusqni"'lue .ul excmplum Abrahæ Decimas offerat de 
:tuiq 'Ðlancipiis," &c. 
In the decl"\'e of the Council aoon 'luoted the 
>lnction by \\ hich the pa
'nen' of 
tithe
 "as enforce,\ \\a< purd
 eccle_ia.tical. hUl Ihe pa
 mellt was afler\\ard. 

njIJin,..l b
 thl' ci\'Ï] \a\\, J\
- the C'apitll\arie< of Pad
rL..rn. A.I>. .
:;, 
Charlem3
ne en.tet... :-.. Similitl'r !'(,l"un,huu De.i Inand"\tum pr:l
c'irinlll!:' ut 0J11nf'ti 
decimalu l)artl'1.ll !o'uis ecclesiis ('t s..lcpnlntihus doncnt, 1...1.111 nohil('... qUillJ1 in
enui, 
similiter et liti:' 
If the di-tinctioll bl'l\\<'en the e-tabhshmcut of Ihe ecclc-ia<tieal,'u<tom aud it. 

lIf.>rcement hy the "i\"il law be borne in miml. much of till' ,\ifficulty a
 to tlw 
date at \\hich tithe. "cre ('
tabli..he.l "ill be remO\ed. The 
radual de\elol'ment 
oi the ]Il\\ a- to the pa
 ment of lith. < is f
irJy -t ted b
 Dr. )Iilm.lII: .. _\Jre."I
. 
ulldl"r the )[ern\ ingiau:o;.. the d(>rg
. had gh e::;. :-i(;uificnnt hints that the l:nv uf 
I eviticus ".,.. Ihe perpetual and unrepea\e,\ law of God. Pepin had conuu.mde,l 
the payment of tithes for the celebration of pecllliar litanies durin
 a period of 
r..mine. l'hariemaWJe made it a IlIw of the empire; he enacte<\ it in it- most 
...trict ancI compr('hen
Ï\pe form, a
 in, c..t
n
 thp <:It r

. in a rj
ht to the tenth uf 
Ihe suh,tance and of the lahnur alike of freeman allli serf. "-{ llilll""" '.J ",;" 
,'/"'i.t;',,,ity:' '-01. iii., p. 
G.) 
llle origin of tithes in Englaml i
 lI'uaJly attribnte.1 b) the En
lish historiaus 
to the suppn,('l\ grant oi tithe, b
 .'Ethelwn\(. A.D. 8:;4 or t':;:;; but there i. no 
doubt that they were claimed b
. or paid to. the I'hurch long prior to that date. 
By <orne writers the). are referre,\ to a s
 nod helel A. D. íSG. which i, alleged to 
have heen contirmed b
' a I.IW of Offa. but no 
11I,h law i
 in .."i-telll'e. The 
hitter J1te may L... :llluI)te4. a"" 111"lt 
,t \\ hit"h 
\ distinl't t".Ill(IU lIC the-- l'hurd.1 



]yi 


lXTRODl"C'TInX To THE 


Here the rights of the Le\Titt-s are atlopte,l in a fll]ness 
11ut fount] (']SI'W}1I'1'I'. :n1l1 lIot 1Iu1ToWI'I1 ii'OIll :lny of the 


enforced as obligatorr what before had been a en.tomary, although vohtntar
', 
p/l
'ment. 
"'hetIler the Penitential of Theodore, who W3;; Archbishop of ('I\uterbur
' from 
A,D. 668 tn A.D. 690, was or was uot the ""ork of its alleged author, it is <]noted 
by Archbishop Eegberhtof York, who held that see from A.n. i34 to A.I>. i6G, atlll. 
therefore, repre,ents the opiuions of the Chureh in the IÏrst half of the eighth centur)'. 
In the Penitential of Theodore (Cot",eilß, 'J-e., '!( U,wú Brit,,,,,, Haddan om! 
Stubbs. vol. iii., p. :!03), there is the folIo" ing p3s
age:- 
,. 9. Tributllll1 eedesiæ sit, sieut censuetUllo I'roviuei:l'. id est, ne tantum pau- 
I'ere. imle in deeimis aut iu ali<]uibus rebus vim IMtientur. 
h 10. DecÏtuas non e
t legilinHull d8r
 nisi }JfiuperilJus ;Iut (WfflJ!l.'inis, 
iYe l,.il"Î 
sUas ad eedesias." 
In the Report of the Legates to the Pope Adriau L. A.D. iSi. amoug the rule. 
.leli\'Cred to the Eng!ish to be obsen'ed occurs the following:- 
.. XVII. De dedll1is ,Iantli. sicnt in lege scriptulll est' Decim.lll1 partem ex 
omuibus frugibus tni, ,eu primitiis defera, in dOll1um Domini Dei tui.' RUl'5um 
per Prophetam; 'Adferte,' inquit. omnem decimam in horreulll )[eull1, ut sit dbu. 
in domo meâ; et probate me super hoc, si non apernero vohi< eataractas cæli, et 
effmlero bene<1ictionem usque a'i abundantiam; et inercpabo pro ,'obis devorautelll, 
qui comedit et eorrumpit frnctum terræ vCEtræ; et non erit nltra vineR gterilis in 
8
'1'O, (licit Dnminu
.' 
i('ut 51lpiens Rit; 'Xelno justam el('emo
yn81u de his qu.
 
po.sitlct facere ,'alet, nisi prius separaverit Domino, quod a prinlOrdio Ipse Silli 
reddere delega\"it.' AI' per hoc plerull1que contin
it ut 'lui dedlllall1 non trilluit 
ad deeimall1 revertitur. Dude ctiam CUIll obtestatiuue pr1!'eipilllus ut omucs stu- 
t!eant de omnibus qua> poss;.lent. oe('imas dare, qui,l spedale 1Iomini Dei est; et tie 
Jw\r{'l11 partilm'i sihi ,-i\-.lt. et ('leenlo
Yllns tribuat, et magis cas in I1bscon<1itii 
fa cere sUllsimus, quia !<icripturn e
t. !.'>'Ull facis eleemo
ynam, :101i tubô. C8)U'1'C 
:lIlte te.' "-(Collnciù, 'Je., of G,'wt fj,.it"ill. IIad.lau &. Stuhbs, vul. iii., p. 4,-,G.) 
The gr,l<lual growth of the law uf tithes is iudil'ated by the statement in the 
Auglo-Saxon Chronicle of thedouatiou of ,F.theh\lllf, A.I>. 
:;,j_.' This smne year 
_Fthelwulf b')u\"erl the tenth p,ut of his I.m.1 thruughout his realm, for (;Olr
 
I..ry 
anti his own Balvatioll." 
Theollure', Penitential proves, in the sen'nth or the conllnencemeut ,.f the eighth 
centur)'. an as<ertion by the Chureh of the lIl"ral tint)' of the payment of tithes by 
the laity. The ,'anonic,II oblij:(ation to pay tit!\('< is e<tablbhed by the Legates in 
_"-.H. 7
Î. The p:'T:,01l31 duty is r('cn
ni:"l'll L
. the King in A.B. H,;:;. The le!!:11 
u"li
atiou to pay tithe. is at leugth recognisetl in the Code of Edw.m! the Elder 
and Guthrum, A.I>. !JUl-" If auy ,,"e 11 ithh,,!!1 titl".s, 1('1 him pay .Iahslit' 
:lIDong the Danes, 'wite' among the English;- 
f;o fluctuating, howenr, was the 1I10de in" hieh the obligation to p"
 tithes wa
 
regarded that in the laws of Ed" IIrd and (;uthrum (cÙ.. A.D. !lOI) the non-payment 
of tithes entailed ..;vil penalties (sect. Ij), but in the laws of King I:<lmund (A.H. 

1-10-H-t.
) the p.1YIllPllt of tithf''' W:I'$ ('TlfOI'l'ea hJ an el'('lrf:in..ti"
11 ....lllf'tiol1 o1J1
 
(.eet. :!). 



,,-'OR ('
 nr.srXA. 


Ivii 


Eurüpean uati'llls, who were :sufficiently unwilling tu pay 
the tithes alom-. The meaning of the right to firstlings i,. 
iil'st e""plained in the f
,llowing paragraph. They are- 
,. Ewry fir
t, i.e. every first birth of every human cuuple. 
:\Jul every male child which opens the womh of his mother. 
L
ing it lawful first wife; ami also '" er
' male animal 
that opcns the womh (If its mother, of !-omall or lactiferous 
animals in gem-rat.. First ti:uits are ù
scribeù as-" First 
ii.uit,;; are the first uf the gathering of ewry new produc,' 
whether small or great, aUfI <<,,-ery first calf and every fir
t 
hUllb which is hrought forth in tlH' year:. 
[n addition to tlH' Levitical J'ules as to tithes and firRt 
fruits, it would appear from this tract th,Lt an Irish church 
claimed as ag<LÌl1st its laity rights unknown elsewhere. 
Under the head" firstling..;" were included the first-born llf 
a marriage; and if there were eleven or more children of a 
lI'arriage, l.f whom not Ie,>s than ten were SOIlS, the Chltrl.h 
was agllÌn entitled tl) a secowl bun of the marriage. The 
rules in the text a"l to this selection for the benefit of It 
dlUrch were as follows :-(1) the first-horn, if a son, was 
gi,'en to the Church; (2) if the first-born were a daughter, 
"hI'! was the first-born, but her place was taken hy the next 
Lorn SOIl; and (;
) if there .were ten sons other tlUIIl the 
actual first-born, the Church haù a claim to one of them; 
the son who fell to the Church's share wa
 fl,.'5certaineù I,y 
<,cttÏ.ng aside the three worst of tlw ten, anll casting lot
 
upon the remaining sc\'en. A son thu" gi,'en to the Church 
:ti <L first-horn ur a tenth, oLtaÎncù fl,.<; largl' 3, share of the 
Úmily property a<; any other son, but wa):; bound to renùer 
sen-icp to the Church for hi,> 0\\ n lands. 3." a 'saer '-stock 
tenant; in cunsideration of which service the Church wa" 
bound to teach him learning."" 
Rights such :18 are thus RPt forth ill the text wen' Ile-yer 


. The claim of the Church to tirst fruits is no,,"!!O obsolete, that the majority 
are ignurant that it e\er existel1. In point of date howe\"er first fruits pre
eded 
tithes. 
lu the Apu.tulic Canons it is tleclarcd, ,. 'II ü;\;\f] .".ùua 1J7f:wpa tl..: ull:oV Ú?rOUTI \- 



I viii 


lXTRODUCTION TO THE 


claimed a'3 again!'>t the whole ùoùy of the laity by any other 
C'hristiall Church in Europe. It may be surmiseù that the 
text is not so much the statement of the law actually 
t'xisting at any specific time, a,; the expression of the 
opinion of an early churchman as to what the ideal law 
ought to be. The c.mnnentary on the text, howevf'r, shows 
that at a subsequent period the principles laid down ill the 
text were treated as existing law. On the other hand, ther!:" 
is in the commentary an absence of those leading casps 
which arc so profusply cited upon other subjects. 
The difficulties as to these claims of a church may hl" 


'-.uOw, å7rapx,j T'P .7rtU"Ó7r'l' mi Toi!; 7rPfUßVriPO&ç. å\À.a p.,j 7rpÒ!; TÒ OVUIUUr-;/- 
ptOV, õijAoJl ii, wç Ó t7rit1J:07ro," J:ui oi 7ipU1pÍ1Tf:pO
 i7rLptpitoVCT& rvì!; (ìaaJ:óvol' 
'l:ai Toi!; '-oL7õoiç '''-'If,,,,oiç.''-(Apos. Can., IY. (V.), B"uns.. vul. i., p. 1.) 
The claims of the Church to first fruits v. ere in a,ldition to the demand for tithe" 
and were the subject of canonical regul.\tion as latc as the thirteenth eentu').. but 
they do not seem to have been ever enforced by the sanctiun of the civilla". 
fhe following passBg-e<. collected hy Du Can1,:e. illustrate the nature uf the 
l;r8t fruits claimed by the Church:- 
.' De prirnitiis vero statuirnus, ut laici per cen,umm Ecclesia<ticam comp"lIantur 
.1.\1 trice
Ïlllam vel quRdrag.....itll:l.111 pnrteln t uSl}ue ad qllinquagesimanl nomille 
I'rimitiæ persulvcn<lam."-(Concil. Bw.tle!Jul.. C,lp. :W. A.lJ. 12;;;;.) 
.. Dc primitiis vero (licimus, et juri (....;
c ('Ol1:o'entaneUIß reput:.unufi:;, (>t sic ill 

elll..u"en,i diæ,'csi præcil'il1lu< ohservari, quod primiti:p l:cd
-iæ ilIi tlentur de 
pro\"entilms sell {rurtihui præuiurunl decimæ pt'r=-,uh"antur, ('unl non tlebeat llll..! 
t.
ltlt'ln4.llc E,,--desi..e rpnseri: nOilliuc a.uteul Prin1itiurum, seu pro prin1itii... ad n1Ïllu"" 
"'"a;.:e,,ima pars de \"ino et bladn 1:,,/'lc.iis ddJct >ulvi."-(S!/lIodtl. -"""atl"''''';''' 
, "I'. ,Ie Deci77.is, A.D. 12í't.) 
'.1'"t !,cxngesÏ1ua pars offcratur porum. qua.- gi
untur a t
rrit.," 8..('.-(Dl"{'1"l"tal. 
';,'e,'1or. IX.. lib. iii.. tit. 30. cap.!.) 
.. Primitias eorllm rerUlU de qllibu$lww,l(tatu7" {lecillla, d.ui volumu
 per trellten3m. 
iuxta 11l0dlllll r.,'desia' ('an'a<onen,is.'"-(Stf/t. Synod Et.cl. (.(I)'c".... "ap. 11:, .-t.11 
12.0.) 
The distinction beh\ecn the first fruits of the altar and of the (lrie.t, which appear
 
ill thp Apostol;/' Canon, still continuul in tIu' middle a1,:l'- :- 
-. I'rimiti,ls de frudilms \'..-tris /'t dp lahnralll del)!'ti- ..fI"'T' ...1 nltare, i<l 1'.1, 
'I'i,'as novas et ",'as et fa\a. .\Iia< Prilllitia< au tlomulll presb> teri de umni II'''''' U 
,I
betis portare, et presbyter eliS heneuicat."-{/tI
'rl. ,,"clol"i& J/omilia "pud B(ll,,_ 
i" "PI" (lei Cap. Col. 13.(;.) 
.. Umnes autem Primitia< de f'urtangis hnbebit presbyter. ilIis exclusis qua>: 
\enillnt a,1 altare, scilicet agnorum. \ itulornm. purcellurum, et Isnarnm. qU8rlllD 
pre<byter lertiam et munachi tlUBS partp3 h"I)("ll1l11t."--((""".("l. S. lïllcwtii, 
Cmo",,,,,, (01. 5;;.) 



CORes DESC
A. 


lix 


reconciled if the position of the early Christian Church in 
Ireland be carefully borne in mind. There was no national 
Church claiming its rights as <1v;ain'3t the collective laity; 
there were many iIlllependent ( 'hnrches. or groups of allied 
Churches, which claimed :opecific rights ai-o against the laity 
of a specific tribe living within a certain definet1 district. 
In some c:.1SCS, the first convert. if the head of a clan 
proba11) with the consent of his danSllll'n. L"UlIsl'llted to the 
establisllllll'nt of a Church within the territory of his tribe. 
r pOll the COlIlll1Un trihe land the mOllastic church of the 
saint was then erccted. rpnn what wa" originally the land 
of one lay tril,e there were thus two tlibal (or joint-stoch) 
l'omlllUluties establi
hcd; the tribc of the saint'" or the 
perpetual :>uccession of monk... occupying tIlt' religious 
lllona<;tic establishment undt-'r the rule uf the ablJot, and 
po"sessing, in a qtl<u
i corporate capacity. a portion of Ull' 
original conUllOll land; and the oM lay tribe, <Ìt'scribcd as 
.. the tribe to whom the land belon
::;," occ\\p.viH
 tIlt' residue 
of the tribe lan<<l, hut devoted to t.he .. tribe llf the 
aint:' 
A Chu1'l.h so fuunded must ha VI' (.ome into contact with 
twO da..,,,es of laity-the occupyin,
 tenant.-> of tilt' portiolJ 
(If the triue land actually allott(.d to the .. tribe of th.. 
o;a,illt:' awl the member., of the ., trilll" v' WhOlJl the lawL 
ll(.longed," oc('upyillg thl" re"i(luc of dlC tribe land. E
cept 
under thcse two rclatioliS, it is difficult to see what l.ight::; a 
I 'hurch could claim as against the laity; aUlI if the purtioll 
(If the text of the' Corus Besena' which deals with thp rights 
of a Church Le cxclu::;i..-ely coufinéd to these two classc:-:, no 
inte1ligible meaning can IJe giwlJ to the text; \mt if it be 
remcmbered that certain lay cOllllllunities de"oted thelU
el Vls 
81',
e /.t }nnilittJli 
t'tlJlì) to the service ofOod in a pectùiar 
!llallller, the rules laid down in the tract can be believeù to 
h;tve represented actually existing filets. If thé early con- 
.....l.t had deY{Jted himself and his tribe to thc Church, such 


* fhe phrase ..tribe of the 
:iint" is u-ed in t"o di<tinl't me,ming-(l) in 
up position tu the la
 triLe, tu describe the memLprs of the mona<t;e establü,hment 
l.tine mana
h'); (:!) in tra<'ing the right uf sneee-,iun tIJth
 ..LLac}, .\< dIP l..
 
tribe of which the .aint who fIJull<lpd the mIJIl.'<tpry h:ill ),.,."1 a m p U1),pl', a< lii-tiD- 
guhhfld lconl till" mOIl1..." "lilt \\ f'rè illl1lclte.. of the nlon8
tt'r
. 



h 


I\'TRODUCTIO\' Tn THF 


a solemn rledicntiou of nn iIlllivirlual amI his house to tlw 
special senicp of God creatcd a n'lation wholly rlifferent 
flOm that which nruse ii'om the unlinar.'. estahlishment of a 
monastery upon a portion of the tribe land. The cOllw'rt 
and his clan, by their rlellication of themselycs to the service 
of God, creatcd a relationship the precise meaning of which 
the original partips tn the trans
tction ma)' lJêVer have CoJJl- 
prehenJed. It was 
mhsequelltly necessnry that the right,> 
of a church agninst such a tribt, on whose lanrls it had bCl'n 
fuunded, should he detinl'J, a.nd then, as the only known 
standard, the Levitical system, with extensions anJ various 
alterations, WitS n'ssum"d by the Church as the explanation 
of its claims. 
There lll:ty be a question whether these rights of the 
Church were to be C}.ercised against the tenants occupying 
the portiun of the tribe laml allotted to the Church, or against 
the members of the" tribe to whom the land belongs," still 
occupying the residue of the tribe land, who had devote,l 
thcmseln
s to the Church, anù who were th,' class described as 
the" subjects of the Church 1" It appears from the text 
that these ri(',hts of the ( 'hnrch must have 1Ieen exercised as 
'" 
against melubcrs of the original lay trihe, aIlIlnot as against 
its 0\\ II snh-tennllts. The first-born, or tenth sun chosen IJ)" 
lot, carrierl out of the family stol"k tlll' sharp to which ]Ie 
wns entitled as a mellliler of tlw f:uuily, to hoIrl, nut :l!i 
his L..thcr or the residue of his brothers hel<<l, hut as a' sapl' '- 
..tock tenaut of the Church. Such n rule woultlll1
 wholl}' 
inapplicable to the :tctual tenants of the Church laUlt 
holding the land a!1 'sacI" -stock tf>11;mts, and positively 
injurious to the Church, if Itl'plied to its . daer '-stock 
tenants. The system of tithes would also seem inapplicable 
to the actual tenants of the Church, if the nature of the 
tenancies known as 'saer' and . tlaer' stock be borne in 
mind.- If tbe rights of the Church stated in the text were 
continuously enforced against, or acquiesced in by, the entire 
lay tribe, the members of the tribe must haye gradually 
liel'n con\ï"rtC'r1into 's:'ler'-tf'mmt<; of tl1P(;hul"C'h; alHl,:\s 


* Vi". S
nl'hns Mm, ,.u1. 2, \'r..cn
.., 1'1'_ "I"i.-liii. 



CORCS m.:scs A. 


lxi 


I 'mer '-tenants wonld have becn bound Lo furty ni
ht
' scn.ic(' 
to the ('hureh. All the first-hurn and tenth sons, though 
retaining their character as free, must h
\vc :-;unk into \",\ssal:; 
of the Church, and the tribe" to whom the land helungC'd" 
might be described as the family of the patron saint. 
How far, if at all, the claims of the ('lunch wen' gcnerally 
f.ntin-ced, it is n.-.t necessary here to iWluire. 
The duty that gifts shonll] he given b.\- thp various 
(.las...;es of the laity to the Church, awl thc amount to be given 
hy e<lch cIas,; in prop')rtÏon to its ,]ignity, arc the slll!ject 
of the next section of the text. After iletailing the amount 
"f the gift to thp ('hun:h f!"Om t':tch gra l \(' of tlip laity, the 
t
xt condudes-" But the 'eolllh:trha
' arc nut alike; the 
, c..mharba' who sells and huys not; the 'l'omharha' who 
neither sells nur buys; the' comharha' who buys Hill] sells 
noL" The titlp of 'curuharba' is usually refl'rrcI] to the 
person who, as the rcpresentative uf the original saintly 
founiler of a munastic house, repn'sented the society fonnel] 
jointly of the trihe uf the !;aint and the trihe to \\ hom 
the land hdunged. Is it possible that the term should I.e 
USN} in this sense in thc present text? Are the class of 
, Lumharbas' in this section distinguishe , } from the sevpral 
ranks of chiefs }J1"C\-iuusly mentioned, ..t. are they sume 

cneral cias.; in which the fin.IIlI'r are inclllllel]? The three 
divisions of' cUlllharbas,' "pccifie ' ] in page 4-3, wuuM seem to 
he iclt'utical with the t1H'e
 divisiuns of per
olls of all grades 
in pa
e 4-:) ; and the te,,-t in pag-c 4-!I, seeUlS mcrelyan appli- 
cation of the gcneralrule tu the case of a ' boaire '-chief: It 
is further evident from the cO;llluentary at the foot of page 
.J.ï, that the rule primarily laid I]own as to 'comharbas' 
wa,> applicable to cver
" mall who possessed ]anl] over 
\\ hich a ,]isposiug }loJ\wr WilS ncknowk.]ged to ('xist. It 
Ilia)" therefore he presume,] that the e\. ten"iun of the term 
. cUl1lharba' is ;;rcater as it i.; U<'CI] in the te,,-t than it is ill 
it" urclin:IIT n:-.e. 
" ohjectiun to allY 
nch e:\.tension I)f the 
"-ord arises from its .]eri\"ati'm or nrigillal meaning. The 
\\,or.1 has no pl'culinr COIlI1I.:\.ion \\ ith thillgs eccll'siastÍeal. 

nd l,eing r]erived from thl: \\ut',I" 'cOluh 'l..with) anti 'orha' 



hii 


T!\TRODeCTIOX TO THY. 


(1aml), signifies IJlle who reprc:-.ents It joint pos:-es:-.ion ill laml. 
If taken in its primary meaning, it signifies one who is the 
legal owner of property in which others than himself claill1 
or have an interest. If such he the meaning of' comharba,' 
it is equally applicahlC' to the representative of the joint 
l"('ligious and secular tribe, the chief holding the tribe land 
ao;; the hpad of his dan, nnd the paterfamilias, whm;p pro- 
prietorship is huund hy a trust more or less cÀtensive, for 
tl1l' members of his family. Thl' rules Inid down in the 
pommentary arC' retera hie to all persons holding these 
various legal positions. 
The g('neral principle whi(.h runs through this portion of 
the tract is, that tIll' legal own"r uf JH'o)l"rty in which 
others have an intcrest is, for the benefit of those interested, 
restrained in the excrci"c of his powers of ownership. How 
far thc h"1t1l or rqWl'sf'utative of a family could alien his 
lands, was a 'i11Cstion of importance when no strict rule of 
hereditary sH("eession or primo.
l'niturc had been esta'hlished ; 
it WIt,<; necessary then to lay ùown some rule according to 
which the exercise of ownership by the head or representa- 
ti,Te of thp f:uuily might bc reconciled with the rights of 
thc junior memhf'r8. 
In such 1.'I
es two distinetioIls art' malle-(l) IJl'twcl'n 
the disposition of property lumded down by the previous 
oWl1er to th(' existing hf'ad of the family, and (:!) betwel'n 
legal and illegal dispositions, hy the hearl' of the family, IIf 
the property which he might possess. Tlnls in early English 
law the power of alienation by tlIP ownpr wa.; different in 
the cas(' of what was thpn defined as /v1'cdito8-1and whieh 
h:Ld desecl1llctl by inlll'ritance-anò. fl1'(P!'1tW'l, land acquired 
hy purchase. In the case of 'hprl'(litas,' the owner might 
alienate in /'cuwlU'I'utioucm /-If'/'vi -'wi or in clecnwsin(tm, 
but not otherwise; in the rase of 'qm"pstus,' the owner might 
alienate for any purpose, but nut to such an extent as tv 
disinherit wholly his son awl heir. If a man possl"sf<cd 
lands both by inheritancc and purehase, he might alien all 
those hold unùer the latter title, alllI retain llis right to 
dispose partially of the lan!1 rel'eived by inheritance, ill 



('ORC:;: RY.!'C
A. 


lxiii 


what "a" considered a.,> a rea.<;onahle manner anci to It 
reasonable extent. .E"c1uding thp idea of heir<;l1ip, the same 
prineiplp is adopted hy the Br('hon law in the present tract. 
"He who has not sold or bought is allowed to mak.. 
;.;rants. each according to his dignity. H.." ho huys and 
has not sol.} is capable of maJ..in!) grants as he likes out of 
his own acquired wealth, hut only if he leaves the property 
of the tribe intact, or a share of other land after him for thc 
Rng.mentations of the tribe" (page 4,:)). 
.. He who sells out 
nd docs not huy ill i<; not capablc. 
IIr, (l{',COJ.din[J tn ofher,
, is capable of 7Iwlciug grants, pro- 
,-ided he has not solJ nat too much" (page 4;;). Again-" It 
is lawful for the' boair\' '-chief to make a hequest to the value 
of seven' cumhals' out of the acquisition of his own hand. 
but only 
f hp It'aves two-thirds of his acquired property 
to the original tri bp" (page 49,_ 
"
o man should gl"Rnt Ian. 1 l',,('ept sUe'll a." he has pur- 
chased himself, unless by tlH' common consent of the tribe. 
and that hc leaves his share of the lan.1 to j'e1'CI't tv the 
common possession of the tribe after him" (page 5:J). 
It must he home in mind that th(' te'\.t deals solely with 
alienations ill favour of the ('hurch: aUlI with reference to 
s11l'h gifts, the law lays down that a" to inheritpd property. 
thi' p1lwer of alienation for this pnrpose is limited by a 
ma"immn; as to acquired property, there is an unlimited 
power of alienation. T t is impo,-:sihlc to rel"onl'ilf' the com- 
mcnt<Lry with the tl'xt: but the varianc' hetween them is 
not in the principle, hut in the details of its application. 
It \Va,> the duty of the rcpreséntative of a family or joint 
ownership to preRerve the corpus of the prolJerty for the 
benefit of all interestell therein; hut in ,'"Ïew of ordinary 
contingencies, it was obviously impossible to maintain it 
constantly in the same unvarying conciition; the repre- 
sentative of the f.1.mily or aSRociation necessarily bad a 
power of alienation for the benefit of all, which might be 
exercised more or less prudently. 
Hence follows the distinction between "necessary" and 
" unnecessary" alienations. Unnecessary or improvident 



Ixiv 


I
TIWDrCTIOX TO TIm 



dicnatioll, thuugh fur t11P benefit of the community, rc- 

tricted the power of the representative of the conununity 
to nlien for his own llencfit. The rules in the commentary 
lIpun thi
 sul
ect are evidently a(hkd by diflÌ::rent hand,;, 
and are naturally inconsistent; hut the meaning and desigl1 
of all are the same. The cOJ1lmcllta,ry commencing in 
page 47 plainly rcfers to the power uf disposition over 
inherited lands possessed by the heacl uf a family (whom 
the COlllllll'ntator inc1mled under t11C term 'comharba '). 
Accorclillg to it the property of any such person wa" 
rlivisible into three portion,;, viz., the share (1) of the tribl', 
\.
) of the c11Ïef, and (3) of the (,hurch. His power of 
alienation could he cxercised only a:s against the third flf 
the tribe, and for certain specific purposes, viz., in contracts 
and covenants, in gifts for the health of his soul, and as 
tenancy tu a lay chief. By the triùe !ihare must be under- 
stood the share to be trallsmittf'tl to the aggregate hody 
which he represented-his fiunily in the criginal seD!
e (If 
the term; by the share of the chief it may be intende!l that 
one-third of his lands wuul(l, on the (lcath of the uwner, 
lapse into the general stoek of the trille; what rights werc 
taken l,y the Church in the remaining third it is impossible 
to eonjecture. This statement as to the power of the head of 
a family to alien is fo]lowcd Ly the rule as to the power of 
alienatioll of a woman 0\ er her' cruib '-land* or . sliasta'- 
landt; in this case nl,;o the triLl', ur rather fiullily, had a 
right to one-thir(l, hut the remaining two-thinls were sub- 
ject tu her power of alienation arising from her cuItivati(ln 
of ihc inherited land. As to acquired property, a distinction 
was drawn between the case in whieh the means of 
acquiring additional property arose from the induHtry of 
the owner, and the produce of tlw lawl in the Ol'l1illary 
('ourse of hllsbnndry; the 1>O\\er of alienation naturally 
hcin" <rreater ill the former than in the latter ca
e. Pru- 
<=> ð 
perty ncquircd llY the exercise of an art or tnule was placed 
in almo
.t the san1f' pmåtinn as property the result of ",;ri- 


. Fl'Om qto\j. Ihe III,"'\' 
t ]]{-r;"I'<1 from .. rhHr"lT>n. II\!' Ihi:.:h. ..r I..i,,-. 



com"'
 BESC
A. 


lxv 


culture; two-thinh of it wel'l' nlil'nallle; hut in a state of 
society in which the exercise of particular art.
 amI pro- 
fN;sion!'; were castp priyileges, the profits of any 8uch social 
monopoly were nabrally distinguished from those acquired 
solely by indivirlual ability, and therefore the emoluments 
nccruing to any man by the exercise of "the lawful pro- 
fef>sion of his tribe" were subject to the same rights for the 
henefit ofthe tribe to which he belonged asor(linary tribe land. 
It may be remarked, that in this very intcre!';ting portion 
of the tract the commentary rather obscures than elucidates 
the text. The original rules are simple and consistent, and 
analagous to those which in other countries, e.g. Englaml, 
treated of property similarly situated. If the rules laid down 
in the commentary arc aught else than speculative, they 
must have involved the alienation of property in questions 
of account which would in any, and especially a primitive 
state of society, have rendered any alienation practically 
impossible. As to the commentary which commences in 
page 47 (already referre(l to), it is to be de
ired that some 
evidence could be discovered to prove that such It scheme 
for the devolution of property upon the death of the owner 
wa.'> ever practically enforced. 
The real spit.it of the law in its original simplicity, and 
the objects which it was designed to effect, arc hest shown 
by a subsequent passage of the original text;- 
"The proper duties of O)lr towards the tribe are, that when 
he has not bought, he shuuld not sell; · .. although he he 
not wealthy, but that he be not. a plunderer of the tribe or 
lanel. Everyone is wealthy who keeps his tribe land per- 
fect as he got it; who does not leave f,'Teater dcht on it than 
he found on it" (page 1>5). 
Among the forms of alienation previously mentioned as 
sanctioned by law was ineluderl an alienation for the future 
maintenance of the donor. In a state of society where 
there w
tS no mean!'; of inyesting s,'tvings, and little security 
for those unable to protect themselves, it was an obvious 
expedient that the old or feeble should make over their 
property to another upon the condition of h
ing maintaillC'd 
e 



lxvi 


I
TRODGC1'IO
 1'0 THE 


rluring their life. The transaetion was the same as the 
purchase of a life annuity from the novernment (,I' an 
InSluanCl' eompany. 
fiuch arrangements were ('arrie(l out in two modes; the 
owner of propcrty might retim from the headship of his 
family, pennitting his son or heir to succeed him upon the 
condition of maintaining him <luring life, or he might pur- 
chase from a monastil' chureh a right to reside in its 
huildings and feed with its inmates. Rights of life main- 
tenances of thc kind werp 
nl<l hy tile Church until a late 
perin<l, un<ler the !lalTIe of eorrodies-a husiness in which 
the Tl'llll'lars emharke 1 ll a rgc1y. 
If a, father transferred his l'ropertyto the son upon the con- 
<lition of the son's maintaining him, amI, as a consequence of 
the transaction, the headship of the fiullily passed to the son, 
thc relative position of the parent and son would be re- 
versed, and the father wouhl hc place<l in the hand or under 
the power of the sun. Between both would exist the 
reciproca,l ohligation to kecp thc capital stock unimpaired; 
the son could annul prcvious contracts of the father, 
injurious to the property, and the father could prevent 
the son rliminishing the fund charged with the burden of 
supporting the father during his life. "A son who sup- 
ports his fathcr impugns every had contract of his father's; 
he cloes not impugn any good contract So is the f.'lthcr in 
relation to the son who snpports him; he impugns every 
lJad contract; he does not impugn any good contract" 
tpage 57). If thc son failed to fulfil his contract to support 
his father, the rights of the fathcr as against the son wen' 
as follow::; :-Thc property given l)y the father to the son 
may he treated either as having heen given upon a con- 
dition, or as having heen given subject to a charge for the 
stipulated maintenance. The latter view is adopted in the 
text in page 3:3-" The father may remove a son who docs 
not maintain him from hi::; land, and give his land to one 
who maintains him, until the value of a man is got out 
cf it." The land pursuant to thi8 rule would stand charged 
with a sum for maintenance fixed at what was the legal 



conr:-; BE::íCXA. 


lxv1Ì 


price of the father's life according to his rank in society. 
The former view of the father.s rights is stated in the text 
in page !'íï-" Not so the son who does not f'mpport hif'; 
father; he does not dissolve any good contract or any had 
contract of his father's. Not so thc father in regard to the 
f'o.on who does not support him; he sets aside cvery bad 
contract amI good contract of his son's, if hc has hy notice 
repudiated the contracts of his son, that all might know it. 
The' seds' of his f':on are forfeite<l to him wherever he seizes 
them. 'Vhatevcr thc son has ohtained from others in 
exchange is forfrited;" i.e., the father re-enters upon his 
property as upon condition hroken. 
If land were aliened to a monastic church a!'\ the con- 
si(leration for a life maintenance, the respectivc rights of 
the Church and the tribe in the land required to be 
adjusted. The tribe might claim the succession to lands 
after the death of the owner, but was at the same timf' 
hound to support any tribesm:m who required assistance. 
If the profits of the land (luring the life of the former 
owncr had been insufficient to indemnify the Church against 
the e"-l)enf':c of his maintcnance, the tribe, if absolutely 
entitlc(l to the succession, might at once takc the bcnefits, 
but repudiate the obligations arising from the tribe relation. 
A rude compromise was struck by the rule that, on the 
death of the former owner, the land aliened by him to the 
Church for his maintenance was charged in favour of the 
Church with a sum varying wi* the ability of the tribes- 
men to have maintained him-one-half of the actual expen- 
diture incurred in his maintenance if the trihe were able, 
one-third if unable, to fulfil their duty. 
From page ,')9 to the end of the tract the original texts 
are wholly fragmentary, being, in most CMes, f':imply the 
catch-words to the rules 'which were well known by the 
compilers; from thc same pagc also the arrangement of the 
E.uhject-matter is cunfused anÚ inconsecutive. 
The mles as to the rights of fathers against sons who 
faile<l to support thelll are followed Ly tIll' unintelligible 
text-" His 'eric'-tine and his bequest," which, fr(lm the 
e
 



!xviii 


I'\TRODCCTIO'\ TO TilE 


cOlllmcntary annexell, appears to hayc hcen intrOfluced from 
a tract on criminal law. 
Next follow a short text and commentary as to the 
liability of those who entcrtainpd fugitives for the crimes 
cnnnnittcil by them, which portion is equally uneonnccted 
with the general subjcet of the tract. This is suceceded by 
a very defective text and commcntary as to the liability of 
a, son to support his mothcr. Thcrc are, as if a portion of the 
l'ommentary upon thc last-mentioned tc
t, six lines of ver
e 
sl'eei(ying the six cla,>ses of sons who are not hound to 
honour their fathcrs. This fragment is prohahly a relic of 
the purely traditional rules tramnuittl"d hy memory only, 
which prccederl the construction of any written text. The 
passage is possibly introduced in continuation of the rules 
as to the support of a fathcr by his son, and the three intcr- 
mediate fragments of text and the commentaries on them 
may be treated as an interpolation. 
The remainder of the tract deals with Iluestions of eccle- 
siastical law, as far as such a term is applicable to rules 
which have no conncxion with ordinary canon law. The 
two first fragmcnts of text refer to the rights of a church 
over it.,> lllcmhel"!'1. The monastic churches were bound 
togcther in cert.'1in understood relations to each other, not 
because the inmates were of a common order, but hy the 
assumption of kinship as between the institutions them- 
selves. The' eelm)" (ecclcsio) was a large monastic church 
establishment, as contrasted with the' CIU,' or a smaller 
church (cella). The' cill '-church does not appear to have 
heen a dependent upon the larger establishment in the 
fieuse in which the term cell was adoptcd in the English 
w
e. A monm,tic church might stand towards any such 
other church in the relation of an 'annoit' -church, a 'dalta'- 
church, or a ' eompairche' -church. An' annoit' -church was 
that in which the patron saint had been cducated or in which 
hiq relics were kept; ill other glo:';f;es it is eXplainerl ns 
eqmvalcnt to the illea of a mother church, as the church 
from which tlw original foundel" of the church in questinn 
had come. A 'tlalta '-clmreh \Va" 01\(' fouUtkd hy a 1l1embl'r 



CORn; DESC'\À. 


!xix 


of the same community as thc founder of the church iu 
question; a "sistcr church," if the term be pcrmitted. A 
, compairche '-church was ouc under the tutelage (If the 
same saint. The members of tllf' church tribes of churchcs 
thus related had certain rights of succession to each other, 
or peculiar rights in the property of their members. 
The te-..::t and commentary in page G5 treat of desertion 
fmm an original church. It is not clear who are the 
persons whose desertion i<; contemplated by the rules in 
11uestion. The author of the gloss in C. 
3! explains the 
term" desertion" as referable tu the conduct of monks who, 
not valuing thcir condition as monks, went away from their 
church; but the commentator contemplates the contingency 
that the person who had so deserted his church lllight die 
leaving issue to succeed him-an idca inconsistent with the 
celibacy which was inherent in the early Irish Church; 
and in thc next section of text and cOlllmcntary (p. 6i) thc 
saIlle rules as those containcd in the paragraph treating of 
tlesertion arc applied to a class which includes tcnants of 
ehurch land. Desertion is declared to be allowalJle in 
seven cases of nccessity. From the cOlllmentary it is 
evident that b.r thl' term llesertion was not meant merely 
the aùauduIllnent of the original church, but a removal ur 
pxchange from a church to another standing in the" annoit " 
or "dalta" relation to it. In the ea<;e of "necessary desertion" 
t" an 'annoit '-church, if thc person who has so abandoned 
the origimù church died at the 'mmoit' -church, two-thin},.; 
of hi
 'ceannaighe '-gooùs revel:ted to the original church, 
one-third only remaining with thc 'annoit '-church in 
which he died; if he haù left the' alllloit' and proceeded 
tu a 'colUpairche' -church and died there, his 'ceannaighe'- 
goods would be divided in similar proportions betwecn the 
orimnal church and the' cOIll I )airche '-church. The riaMs 
'" .., 
of the original church did not cease with the division of the 
, ceannaighe' -property of its former member, but, although 
ill a decreasing ratio, affectcd the similar property of the 
two first generations of the descellllants of the deceased. It 
IIlay IJe conjectured that the next 
encration w0ulJ he 



!xx 


INTRODUCTION TO THE 


wholly discharged from the claims of the church of their 
I\ncestor of the third generation, and that the church in 
whose district they resided would then be considered as 
their original (or native) church. if 
The next section treats of the mode in which the land of a 
church tenant who has been "forfeited" is divisible. The 
meaning of the text is very obscure; but it contemplates the 
possibility of a tenant of the church being given over to 
some external body or tribe, as a pledge for the payment of 
the damages for a wrong of which he is guilty. Such a 
pledge would be forfeited unless redeemed by the Erenach 
(or (Economus) of the monastic church within a fixed period, 
and he would appear to have taken out with him his lanù, 
"if the Church adviseù that land should be given him." 
Against the land of the lllan thus forfeited and his son, the 
original church had a claim as in the case of a member who 
had deserted. The rights thus exercised by the remaining 
members of the community ovcr the property of those who, 
in some manner, voluntarily or otherwise, had gone out of 
the monastic church boùy, do not imply that the condition 
of those whose property was subject to such rights, was of a 
servile condition. These rules exhibit the difficulty with 
which, in the early form of f;ociety, the mcmber of a trille 01" 
association could sunder himself from his fellows, or carry 
his share of property out of the original stock. 
This $oliil(t}'itè exi<;ting between the members of a tribe is 
further illustrated by the commentary in page 69, which 
seems to have no immediate connexion with the text, except 
the reference in the latter to the distinction between acts 
of necessity, i.e., "crimes of inadvertence and unnecessary 


* There appears to have been an exception to these rules in the ca
e of a pil- 
grimage, which WIIS included among thc seven .. necessary desertions;" fur thc 
commentary in page 73 states :-" If his <oui's friend hll3 enjoined upun him tu 

o on a pilgrimage after the munler or a tribe-man. or murder" ith the conceal- 
ment of the hody. If it be after consnlting his own chnrch that he has gone on a 
pilgrimage, whether he has left '"eannaighe'-!{oods or nnt, whatever he leaves tu 
the church to which he goes, be it evcr s.) lUuch, is due tu it. If, however, he has 
n()t consultcd with it (his Oll'l
 clu".clt), his' ccannaighc '-goods, if he has an
', 
due to hiq original church:' 



CORUS DESCXA. 


!xxi 


profit," and of non-necessity-" intentional crime and such 
as was not deserved by the -injlu'ccl pal'ly." The fines pay- 
able in respect of either class of crimes, upon the fitilure of 
the property of the criminal himself, were payable Ly his 
tribe, "a.'i they diyide hie;; property." The only difference 
in the mode of treating the two classes of crimes wa.... 
that in the case of a crime of lion-necessity, the criminal 
himself was given up, with his eattIe and hif; lawl, tll the 
iujured party. 
If a child was "otteref 1 to a church for instruction,'. the 
church acquired an interest in him as a future melllher; anù 
if the father removed his son from the church to which he 
lU1.Il been offered, the church was entitled both to payment 
for his fosterage and to honor-price and body-fine; and thus 
the remO\-al of the student frum the institution wag treated 
ag equivalent to the death of one uf it
 members. The 
amount of the compensation payable to the chur('h "\\ oultt 
naturally depenù, not su much upon the rank of the student, 
as on that of the church itself, and therefure there was a dis- 
tinction dm wn between the amount payable to a nil Lie church 
au,l to a ' cill ' -church.* It is Ilifficult to understand what is 
the meaning of the commcntary-" His land, moreon'I., along 
with himself, al'e Jl!e to tIll' church from which he i
; t:tkClI, 
nnless he is t"an!>omed from it." There is no means of a.-;cer- 
tailling how far a stuclent, upon taking monastic YOWS or 
ordination, c:trried into the church the pruperty uf ,\ hich 
II{> W.'lS posse
se,l: and it seems very imprubable that his 
rights in triLe land should be transfcrred to an ecclesias- 
tical or mOlla<;tic body. It al'lJcars that, if 11 "tudellt ,\ ere 
killed, hi
 body-fine '" as paid, Bot to the church, but to the 
tribe; but" the lay chiefs shall not obtain anything of what 
the' cain '-law adds to thl' l/11t1.'/f1Ile." The text upon this 
passage in tl1P commentary i...-" ('hieftaill
 :,ha11 not ('0111(:' 


. Tbe act of a fatber. "bo reclaimed bis 
on from the chnreh, was similar to the 
t1aim by the adulterer a
llin-t tbe husLand of the mother for the po-session uf the 
person of an adulterine ba<tard. The mil" of law applicable to both cases were 
i,lentical. The la\v of ad111teri'l
 ha.taT.ly i< tfl,"tl'll at len;.,.th in the snh.equellt 
introduction to the g"o\.. ror \i"ilL 



!xxii 


IXTRODrCTIOX TO THE 


against the church;" amI the meaning may be, that the 
church received whatever compensation wuuld, under the 
'cain '-law, have been payable to the chief, if the slain had 
been a layman. This rule of the Brehon law is illustrated 
by the fifth paragraph of the decrees of the Council of Cashel 
(A.D. 1172), viz. :-" In the case of homicide committed by lay- 
men, when it is compounded for by the parties, none of the 
clergy, though kindred to the perpetrators of the crime, shall 
contribute anything," &c. (GimU. Gamb. Ex. Hib., chap. 35.) 
The priest or monk did not, by entering into orders, 
escape from the liabilities arising from the tribe relation- 
ship; and, similarly, it was the tribe, and not his church, to 
which the compensation for his death was payable. As the 
church acquired certain rights in the student whom it 
educated, so it incurred the correlative duty of supporting 
and instructing him. In the case ofthe death of a student, "if 
it was it (the church) that did not feed him after knowledge 
of his hunger, it will be body-fine or honor-price, or full 
fines and costs, that will be due." There is a distinction 
llrawn IJetween the student's" own church" and a strange 
church. The former term evidently expre
ses the relation 
which existed between a church established upon the land 
of a tribe and the lay members of the tribe. It possessed 
the'right that such of the lay trihe as took orders should 
cnter into its body. " If he (the son to be educated f01" the 
'ininistry) ha
 been offered to his own church for instruc- 
tion, and for being in the scnicc of God therein, and she did 
not receive him, and he then is educated in H-notha cluU'ch, 
he is furfeited by her (his own chlu'ch) to thc church that 
has educated him, until his original church pay the price of 
his education." On tlll' othcr hand, "his OW11 church" edu- 
cated the student on better tcrUlS than coulll be obtained else- 
where, "If his fathcr does not offer him to his own church, 
it is the father that shall pay the expense of his education." 
The remainder of the tract, ii'om page 73 to the end, deals 
with the law of succession to an abbacy, which, as a ii'ee 
election oftllP ahhot by the monks was unknown to the early 
Irish monastic "ystclll, involved 1IIUIlcrous complicated l'ule
 



CORUS BESCXA. 


lxxiii 


to determine the respective rights of the Church and the 
lay trihc. To understand these rules, it is necessary to bear 
in mind the mode in which the early Irish monasteries were 
established and endowed, of which we have an example in 
the account of the founding of the monastery of Armagh in 
the life of St. Patrick. The chief, rcpresenting the trihe, 
gave to the saint a portion of the tribe land for the 
foundation of a monastery. The gift was made out of the 
land of the tribe, to the saint personally, and for a definite 
uhject. The transaction was quite ditferent from the gift of 
land to a monastic corporation. The saint, and not the cor- 
purate body, was the original grantee. The lay tribe, the 
original owners of the land, parting with their land for a 
specific purpose, retained their property in the land subject 
to its being used for the purpose to which it had been 
originally devoted, and possessed certain rights against the 
Church, (viz., that the divine serviccs should be performed, 
and education given to students of the tribe, &c.,) and the 
right of succession to the abbacy in ccrtain contingencies. 
The abbacy on a vacancy passed to the tribe of the 
patron saint (the founder) "as long as there shall be a 
person fit to be an abbot of the said tribe of the patron saint; 
even though there should be but a psalnH\inger of them, it is 
he that will obtain thl' ahbacy." By the tribe of the patron 
saint must here he intended the triLe of which he himself 
had been a momher, and not the artificial monastic tribe of 
which he had been the head; for the trihe of the saint might 
forfeit their privilege by neglect to claim during the time 
of preseriptiou. In default of any person of the tribe of the 
saint fit to succeed to the abbacy, the right of succession 
passed to the tribe upon whose tribe-land the monastery 
had been established, subject to the condition that if there 
should be any member of the tribe of the saint bettc1' qualified, 
he should Le substituted for the abbot of the tribe to whom 
the land belouged. If the patron saint or founder had Leen 
a member of the tribe to whom the land belonaed he was 
'" , 
described as bcing on his own land. The right of the tribe 
of th
 saint was claiwtJù through the founder, for he could 



lxxiv 


INTRODUCTION TO THE 


release the rights of his tribe to the succession in favour of 
the tribe to whom the land belonged; in which case the 
orller of succession was inverted, the tribe of the saint 
taking next after the tribe to whom the land belonged. In 
the same manner, if the trihe to whom the land belonged 
acquired hy prescription the right to the abbacy as against 
the tribe of the saint, the right of the latter was only post- 
poned, not extinguished. If no fit person of the two first 
classes were found, the succession passed to the" fine-manach," 
or monk tribe who occupied the mOlUtstery, subject to a 
qimilar condition in :fiwour of the two preceding classes. 
The right to the abbacy, in the absence of any fit person of 
the three preceding classes, passed successively to the' annoit' - 
church, It 'dalta'-church, a 'eompairche'-chureh-the .,;everal 
religious establishments bound to the church in question by 
the artificial ecclesiastical relationship before alluded to. 
All parties having claims to the succession being exhausted, 
a neighbouring 'cill '-church might supply the vacancy; 
and in the extreme case of no fit person bping found in any 
vf the above classes, a "pilgrim," i.p., any qualified persoll 
alTiving on the spot, ,vas entitled to :\ssume the ahbacy, as 
a "general occupant." Although any memllf'r of the trihe 
of the saint, or of the tribe to whom the land belonged, if 
more worthy than the abhot belonging to the dasses lower 
in the scale, might displace the abhot in :tctual possessioll, 
it does not seem that any of the other classes exercised this 
right against those lower ill the scale than themselves. 
\Vhell the abbacy passed to any elnss inferior to that of the 
"tine-manach," the rights of such an ahbot must have be('n 
much restricted; for, "while the wealth of the abbacy is with 
an 'annoit' -church, or a 'dalta' -church. or a . compairclH' '- 
church, vr a neighbourillg 'ciJI' -cllUrch. or a pilgrim, it (tlu' 
IVpalth) must be given to the trihe of the patron saint. fl)). 
ellle of them fit to be an abbot thell goes for nothing.". 
* In the case of an aLbey founded L)' a foreign !aint, e.g. St. r.ttrick himself, there 
would not exist an}" triLe of the sRint; the tribe, upon whose tim! tlte monRstel). 
w.lS founded, would, therefore, posse'
 tile primury ribh! to tile ,tLLacJ'. The 1'111'- 
ces'<Íon to the abbacy (or archLishopric) of ArmR;!;h is thul explained, "ithuut the 
!luppo'<Ïtiou tbattlll'rigbt
lJf the dnn."], \vere iRyalled b
 till' mem],
r,ofthe I tytriLe. 



CORI.:'S BESC
A. 


lxxv 


An aLbot of any of the four interior grade'! was ohliged 
tu bring in his property in some mannpr for the benefit 
of the rnona.-;tery; "he shall leave all his legacy within 
itl the Ch1l1'ch;" and the pilgrim at least was bound to give 
:;ecurity on his entering into possession, amI Willi !>ubject to 
damages. 
A distinction is drawn between a church founded by a 
saint and a 'cill '-church of monk
. In the latter case the 
monastery may have been founded by, and the grant made 
to, sèveral monks at one time, as joint tenants. In such a 
church there could be no founder's tribe, and the artificial 
monk bibe took the first place in the order of succession. 
As to the mode in which the abbot should be selected out 
uf the memhers of the class to which he lJelonged, there 
is no information given. From the last section we learn 
that "the order of the :mcces<;ion hy lot shall not devolve 
upon the hranching tribes when there is a person bettt'r 
than the others;" it may be hence assumed that where no 
such marked superiority existed, the choice by lot was not 
unknown. 
The::.e rules of succes<;ion to an aLbacy explain the con':>tant 
succession of abbots sprung from the tribe "to whom the 
land belonged." The enjoyment of the office of abbot by 
members of the lay tribe is shown, not to have been an 
usurpation by the- laity UpOll the muna<;tic body, hut the 
legitimate exercise of a legal right, re
embling the right of 
nomination to a church or parish enjoyed by the original 
benefactor amI his representa
ives. 
The portion of this tract, which deals \\ith ecclesiastical 
matters, i" among the most interesting remnants of early 
Irish law. It is too fmgmentary to enable us to form a 
complete idea of the organization of the Irish Church. 
)[any of the rights f'laimed for the Church may han o 
existed in theory rather than practice; many of them arp 
not a'i generally applicable as the text would seem t,) 
assert; but the peculiar spirit of the Celtie Church organiza- 
tion is exhibited \\ ith a distinetnc::;s hithertu unknowD. 
The tJady missionarip<., to the oth('r European nations 



hxyi 


INTRODU'CTIOX TO TIlE CORrs DESCNA. 


beyond the limits of the Roman Empire, introduced at onee 
Christian aoctrine and Latin organization. Into Irehmd 
Christian (loctrine was intl'Oduced, ùut the organization of 
the Church developed it::;elf in acconlance with the principlc
 
of the civil society in which it was estaLlished. 
As the nation was split into independent tribes, the 
Church consisted of independent monasteries. The civil 
chaos, out of which society had not yet escaped, wa.<; faith- 
fully reproduced in a Church devoid of hierarchical govern- 
ment; intensely national, as faithfully reflecting the ideas 
of the nation; but not national in the ordinary acceptance 
of the term, as possessing an organization co-extensive with 
the territory occupied l)y the nation. 



[ lxxvii ] 


IXTRom'CTIO
 TO THE BOOK OF AICILL. 


THIS Book professes to be a compilation of the opinions (1'e- 
spOnJl(/ ]Jl"lIdentil1m) of Cormac and Cennfaeladh. 
Cormac, having been accidentally nlindl'd in an affray at 
Temhair, n(.'came incapable of retaining the soycreignty, 
which was giycn to his son Coirrri Lifechair, and retired to 

\icill, now the hill of Sheen, in the connty of .1f eath. In 
difficult cases he was consulted by his son, and henee his 
answers to the questions suhmitted to him conunence with 
the words, " 
Iy son, that thou mayest know." The date of 
the reign of Cormac according to the rcceivcd chronology, 
is from A.D. 2
7 to A.D. 266. 
Cennfaeladh, the son of Oilell, having been wounded at 
the battle of Magh Rath (.1Ioira) in the ycar G4:
 A.D., was 
hrought to be cured to the house of Bricin of Tuam Drccain, 
now Toomregan, in the county of Cavan. This town was 
then the residence of certain professors of literature, law, 
and poetry, and what he there learned Cennfaeladh noted 
and transcribed into a book. 
Such arc the origin and date attributed to the dicta which 
form the original text of this work. The date at which 
they were collected and cmnmentC'd upon is a very rlifferent 
matter. 
The Book commences with a plIilological and metaphysical 
rliscussion upon the derivation and several meanings of the 
word" eitged," in which the author profcs<;e s an acrluaint- 
ance with the Hebrew, Greek, and Latin tongues, and the 
logical definitions of the schoolmen; his learning, however, is 
neither extensive nor very profound, and it may be hoperl 
that it is 110t to be ta'ken as a specimen of the education 
given in the ancient Irish schools. 
The scope of the work is to collect in :J .-ligcst the leading 
:luthorities upon the suhjed of" eitgpd,'.:1 word now onsolete. 



h.xviii 


IXTRODt'CTIO
 TO THE 


and therefore kft untran
lated. It is possible from thcvarious 
definitions and classifications of it to gain a tolerably clear 
idea of the original meaning of the word, which must have 
1Iecome technical at the datc ofthe author. "Its import, i.e., its 
true meaning," we are informed, "that which is not obvious in 
thc word itself, can be founel through investigation, as 'eitged,' 
'luhich maws criminal, amI' eitged,' 'lvhich means exempt." 
It seems to belong to that cla<;s of words in many languages, 
whieh at first indicatc something mercly unusual, and are 
f.,uhsequently uscd to imlicate impropriety or eriminalit). 
'flIP idea iR, that of any act which is contrary to or an exemp- 
tion from the ordinary rule. whiell breaks through oroyerflOWR 
the limits set by custom or tradition. Thl' meanings of the 
words iJ7rr:plþía>..o!:, insolentia, monstrous, and trespass, have 
undergone a similar change. The law as to acts unusual, 
meaning therehy criminal, is the subject which this digest 
is intended to embrace. It may, however, he remarked that 
the word "eitged," in its primary sense, may be applied to 
a large portion of the text, which treats of the cases that 
from peculiar eireumRtancl's are exceptions from thc general 
rule, and are distinguished by the author as "the exemp- 
tions." 
The Book of Aicill may hI' considered a.<; the code of aneil'nt 
Irish criminal law. The term criminal can only be used 
with reference to the acts which are the subject of the law, 
not a.<; defining the nature and object of the laws themselves. 
An act is criminal in the correct use of thc word when it is 
regarded as an offence against the state, and distinguished 
from wrongs which are offences against individuals (delicts 
or torts). The distinction lies not in the nature of the act 
itself, but in the point of view in which the legislator regards 
it. The idea of a crime cannot arise until the idea of the 
state has been realised, and it gradually acquires definitenesR 
as the duties of the state are morc clearly understood. Even 
in eivilised communities the distinction betwecn crimes and 
torts, and the double a.<>pcct in which almost every wrong 
may be regarded, arc very slowly and imperfectly appre- 
ciated. Theft "as classed l,y Gaius among civil wrongs. 



BOOK 01<' AICILL, 


1xxix. 



\mong ourselves, when the wrong i!> of so aggravated fI, 
character as to amount to felony, the individual loses all 
right to compensation, an injustice avoidcrl by the French 
law, which comhincs into one proceeding both the criminal 
and civil action. 
The idea, of the state as an existing entity, consisting of 
aU the citizens, amI .lefcmling the person and property of 
each against the others, was wholly unknown tn early tribal 
c'omlllunities. The several families who formed a tribe, 
although possessing common property and united defen- 

ivcly as against their neighhour, occupied inter sese the 
position of independent eonnmmities; there I'xisted no sove- 
l"('ign bound to see that justice wa'! done, no common tri- 
lmnal to which au appeal might be had. 'Vrongs were re- 
si
tea and avenged, if the parties who suffpred them were 
capable of so doing. No dllty compelled the other families, 
members of the tribe, to intervene in the dispute.- 
From the very earliest period the inC'onvenienee arising 
from reprisals ani! vendetta::; must have compelled tlw other 


. To thl' ml'mber" of a d, ili"e.l community the ,endetta, as still practi'ell in 
Corsica and other semi-ch ilize,1 countries, appear', ami is rightl
 judged, to be a 
crime and violation of puhlic orller; in a primitive society on the other hand it i< 
the only sanction by which life and property were secured. 
.. Dans II's sociétés primitives, tout l'ordre !'Ocial Cot concentré dans la famille. 
La (amille a son cnltc, ses dieux particulier.o, se.loi<, 51'S tribunaux, son gouverne- 
ment. C'est elII' qui po'sMI' 1& terre. Toute nation c-t composée d'unl' réunion 
de families indépendante... faiblement reliées entre elles par un lien fédcral trè. 
liehe. En dehors des groupes de families, l'état n' existe pas. X on seulement 
chez les différentes races (l'origine âT) elme, msi< presque chez tous lei! peuples Is 
famille prfsente à. l'origine II's m"mes 'caractères. C'est Ie rivo!; en Grèce, la 
9t:1.. Ì!o Rome, Ie clan chez II's Celtcs, la c09natio, chez 11'< GermaiDs.-pOUr em- 
prunter Ie mot de César. . . . . 
" Dans II's temps reculés où r état a"ec ses attributions e..entielle. n'existe pas 
encore, l'individu n 'aurait pu sub-ister ni 'I' <lefendre, s'il a, ait vfcu i<olé. C'est 
dans la famille qu'il trom'ait la protection et les secours qui lui sont indispen- 
.ables. La solidarité entre tous II's membres de la famille était par suite complète. 
La ,'emletta n'est point particulière à Ia ('orse; c'est la coutume générale de tous 
II's peuples primitifs. (;'est la fornII' primordialI' de Is justice. La famiUe se 
charge dl' venger 11'0 offenses dont run des sien, a été victimc: c'est I'unique ré- 
J'ression possible. 
ans elII', la crime .erait impuni, et la certitude de "impuDité 
multiplierait les méfaits au point de mettre fin à la, ie sociale."-(Lu .1'0""'" 
Prin.ilitltl de la P,.opriété.-&vue de. Ðeux lrlonde., tom. 101, p. 39.) 



!xxx 


I
TRODUCTIO::S- TO THE 


memherR of the trihe to intervene to preserve the peace for 
the henefit of all; hut the action of the other members of the 
tribe is not in the character of a sovereign power }1ossess- 
ing original jurisdiction, but in that of a friendly arbitrator 
desirous of arranging the differences between his friends, 
and the sentence of the arbitrator does not declare that the 
guilty party is liable to any puniRhment for the wrong, but 
awards that a certain amount of compensation, paid by the 
aggreRsor to the injurcd party, should satisfy thp latter and 
he taken hy him in lieu of his revenge. The measure of 
damages is not the loss actually suffered. hut the amount of 
vengeance which the injured party, under the circumstances 
of the case, and in accordance with prevalent ideas and 
local customs, might he expected to take. 
The award, when pronounced, was not legally binding 
upon either party, for the arbitrator had no means of enforc- 
ing his award, nor was t
ere any civil power to which the 
injured party could appeal for the execution of the juilg- 
ment. The jurisdiction of the judge, and the enforcement 
of his judgment, were (ll'rived from and hnel no other sanc- 
tion than the public opinion. No legislator commands that 
any act Rhould be done ur forf'borne, no civil power enforces 
the award of the arbitrator, but the public opinion of the 
village hoMs that the quarrels between its members should 
be f'omprmnised in a certain manner; and the customary 
law is the public opinion carril'd out into practice. The 
lower the stage of civilization, the more are thc actions of 
men in accordancp with the custom; the individual member 
of a tribe, whose ideas have never wandered beyond the 
limits of his village, thinks as his neighbours think, and there- 
fore acts in accordance with, rather than obeys, the custom. 
If the guilty party does not pay the amount awarded, the 
community does not compel him to do so, but the injurc!l 
party is remitted to his original right to avenge his own 
wrongs hy reprisals or levying of private war. The ag- 
:;ressor or defcndltnt, if he decline to fulfil the award maùe 
hy the arbitrator, and be Rupported by his f.'lmily, may resist 
if abl!:' to (10 1'0, or abandon the community and hecome an 



nOOK OF AIClLL. 


!xxxi 


outlaw, his life being forfdt to th
 awngers if thcy di
- 
('over his retreat. 
As the social unit was the family, the family of the mur- 
I\ered man claimed the damages for his death, and the family 
"f the wrong-doer were in a secondary degree bound to pay 
the damages awarded against Lim. 'V hen in a later stage 
of the development of law the kinsmen of the wrong-doer 
were compelled to pay the damages, which the principal 
neglected to pay, this solidio.ité existing among kins- 
folk "was regarded M a "bmùcn and obligation; in an earlier 
I'tage it may have been of advantage that thp other members 
of a famiìy could buy ofrthe consequences of the feud brought 
upon them by one of their own members. 
When the wrong-doer himself neglected or was unable to 
pay the compensation, two courses were open to the members 
of his family, either to pay the amount themselves, or to 
deliver up the wrong-doer to the party offended. In the 
. Corns Bescna distinct allm;ion is made to the delivery to the 
injured party of the wrong-doer and all his goods. By f,ueh 
an act the party injured was left at full liberty to wOlk out 
his vengeance on the captive as he pleased. This is clearly 
shown in the present tract in page 485-" Thou shalt not 
kill a captive unless he be thine. That is, the captive who 
is condemned to death. It is lawful for the person who had 
him in custody to kill him; and the person who assisted him 
is exempt, if the perRon in whose custody he was were not 
able to kill him; but if he was, fine for an unjust death is 
due from him who assisted hilu; this is obtained by the 
family of the captive." 
This pa..;sageclcarly 
hows that the wrung-doer, whenhant1cd 
over to the person whom he had injured, could lip put to 
death by him with impunity; but that the right to put 
him to d
ath was purely personal is shown by the f
trt that 
a third party, assisting ullnecessarily in the killing of one 
who haù done him no personal injury, became himself a 
wrong-doer. In the case of manslaughter, the nature of the 
compensation given by the wrong-doer varied with the 
mode in wlúch the duty, or the rights of the kindred of the 
f 



lxxxi i 


I
TRO'Ol
CTIO
 TO THE 


Blain were regardcfl. The kinsmen might be considered as 
either having the duty of revenge thrown on them, or as 
being themselves entitled to compensation for the injury 
done to the family.' The mode in which the custom would 
effect an arrangement between the parties would naturally 
differ according to these respective views of the rights and 
position of the family. In the Levitical Code the right of ven- 
geance to be e:x.ercised upon any shedder of blood is expressly 
admitted; but a refuge is provided for the involuntary 
sla:r er , to which if he attain'>, he is secured a trial, and if 
acquitted of malice, sheltered for a certain space, until the 
death of the high priest, which is treated a'5 a fixed period 
of limitation. Among the Maoris, whose CI1Rtoms are singu- 
larly illustrative of early law, the difficulty is met by a 
constructive death of the slayer, who is publicly wounded 
hy the avenger, amI thereupon considered as dead; his 
goods arc divided among his tribesmen as in the case of 
actual death, and he is re-admitted by aJoption into his . 
original tribe. In most parly codes with which we are 
acquaintecl, the idea of compensation predominates over 
that of the duty of revenge, and the transaction is reduced 
to a pecuniary payment, which, in a subsequent period, is 
regarded as a fine. 
In one point of yiew only was an act of violence regarded 
in early law as a matter cognizable by the whole body of 
the people, viz., when the act was regarded as a sin calling 
down Divine punisllment upon the entire community. The 
necessity of the purification hoth of the individual and the 
community from the sin is manifest in the early laws of 
both Rome and Greece; but the offènce was brought under 
the notice of the community as a sin against God, not as an 
injury to an individual. Such, probably, was the jurisdic- 
tion of the Areopagus at Athens; and at Rome, apparently, 
from a very early period, the Pontifical jurisprudence 
punished adultery, sacrilege, and perhaps murder. In those 
early customary codes which were compile!l after the intro- 
duction of Christianity, the treatment of certain ads as 
sinB, and as such affecting the community, has been re- 



ROOK OF .\ICILL. 


1 
xxiii 


jectcd. the con<;equencc
 of, ana the purification from, "in 
being regarded as lying e'i:clu!';ively hetween the Divinity 
Rnd the sinner him
elf. To the influence of Chri
tianity 
also may be attributed the preponderance which, in such 
codes, tllf' right to compen<;ation acql1ire
 oyer the duty of 
vengeance. 
The amount of the payment to be made in any case, re- 
presenting the revenge which would probably be taken by 
the injured party, must be the result of various fluctuating 
factors. The actual power and rank of the injured person 
and hi
 family, a<; the measure of the power to revenge 
wl"Ong, form tÌ1e most essential element; the actual wrong 
inflicted, the place in which it wa<; inflicted, the circum- 
stance
 attending it., occurrence, the intention of the wrong- 
doer, and the degree in which the injured party was himself, 
by his negligence or otherwise, a cause of what occuITed, 
would all be elements of the calculation. In addition to 
the payment to tJw injured party, the remunerntion of the 
arbitrator would haye to be proyiJed for; this might be 
effected by either a charge upon the amount of damages 
recovered, or a payment to he made hy the unsuccessful 
party.- "-hen at a later date a rermanent tribunal was 


. The 8ubjoined. anonymous amI unclated, eon<titntion. "hieh appears amon;:: 
the laws of King Wihtraed, in the t=f1l3 R'!{frnÛs, is remarhable both as illustrat- 
ing the mode in which damages were e_timated, and also the extent to which the 
local cu.toms of a semi-barbaron8 80dety o\'erpowerec:1 in the minds of the derS:'. 
the traditionary principles of Roman and canon law. Wïhtraed, according to Bede, 
died in the year í:?:i A.D.-{Fcd. Hi<t" ß. 
, chap. 2-1):- 
(OXSTlTI"TIO Qn'
IODO DA
P.< \ F.T IX.It"RIA!: SACRI" ORDI
"'ßt:!'IILLAT\ 
n;T 
("O'lrF
" \:\. VA. 
I. Heptuplicia snnt dona spiritns Mneti. et septem gradu, sunt ccc1e.iastieornm 
oJ"(linum et "8cranlm fuu<,tionnm. Septem etiam \ icibu. dei ministri dellm I)lIotidic 
lallclare debent in ecdesiis et pro uni,er<o populo Christiano dlligenter intercederI'. 
Ft ad omnes dei amicos quam maxim I' pertinet, nt eedesiam dei ditigant et honorent, 
t't dei ministros pace ac concordia tneantllr. Et si quis iIIis .Imnnum intul
rit vt'rbo 
vel fneto, 
eptuplici compen.atione diligenter compenset, pro ratione faeti et pro 
ratione ordini
, Hi dei misericordiam promereri velit. 
II. Sanctuarium etenim et ordines sa"r; et sancia dei domns ex timorI' dei 
edulo 
honorari ,\ebent. 1't 3,1 compen<ationem -ordinis ,.iolati, si vita damnum patiatur. 
I'ræter jll8tam capitis æstimationem primus b"radn
, ('ompen.etur una libra. et cllm 
pia .ati.factione veniam i\1e e'toret sedillo. 


f:!. 



lxxxiv 


IXTRODCCTIOX TO THE 


substituted for an arLitrator ael hoc, the payment to the 
arbitrator for his time and trouble was reduced to a fixed 
payment and considered as a fine; but it is dear that 
originally the State did not tah.e from the defendant allY 
sum a., a composition for any wrong supposed to be done 
to itself, but simply claimed a share in the compensation 
awarded, as the payment for service rendered. 
In all essential principles tIle ancient Irish and the an- 
cient English (Anglo-Saxon) criminal law were thc same: 
but in England, as elsewhere in Europe, the law of crimes 
was, as the necessary conspquence of the estahlishment of 
vigorous central governments and of the knowledge of Roman 
law, altered hy the distinction of crimes and torts heing 
more or less acknowledged. The anarchical condition of 
the Celtic racc in Ireland l'rewnted the i,lea of the State 
from taking root among tIll' natives of that country, and as 
the necessary consequencc, all acts of violence or wrong were 
treated as to
'ts, and never as crimes. TIIC English settlers, 
unaware that their own ance<;tors some centuries earlier 
had entertained the Mme opinion, treated the Irish criminal 


HI. ]:t ad compen>atiùncm ordinis \"iolat;, 
i ,-ita damnum patiatur, præter 
justam eapitis ""timatiouem ðeculllius gradu" duaLu>libr;s eompensetur cum eceles;- 
Zlstica confe"isionea 
IY. I:t ad eompensationem ordini" \"iolat;, 
i pleua paei
 \"iolatio ficret. præter 
justam eapitis æstimat;ouem tribus Ubri> tertius gradus compen>etur cnm eedesi- 
aslica confessionI'. 
V. Et ad eompen,ationem ordini" \"iolati. si plena paeis, jolati" fieret, præter 
justam æstimationem capitis quarto j!l'adui quatuor lihr.e soh-antur. 
VI. Et ad compen
utiuuem nrrUuis violati, si plena paeis \"iolatio fieret, præter 
just am capitis .l'stimationem quintns gradus quillCjUe libris compensetur eum ecdesi- 
astiea coufessione. 
Y II. 1:t ad compensationI'm ordinis ,-iolati. si pkml pacis \"iolMio fierct, præter 
ju
tam capitis æstimationem sextus gradus 
ex lihriscompeuseturculU ee,'lesiastka 
confel.:5ione. 
YIII. Et ad compensationI'm ordinis violati, si plena paeï_ violatio fieret. præter 
ju>tam eapitis æstimationem septimusgradus septem liÞris eompensetur cum ecclesi- 
astics confessionI'. 
IX, Et ad compensationI'm ordinis violllti, si pa" scmifracta fuerit, eompenMtio 
tint sedulo pro ratione ejus quod factum est. Jure judicandum est juxta factum. 
t't modernndum juxta dignitatem coram deo et coram sæculo. 
X, Et compensationis yiolati ordinis I'ars UlU\ episcopo, secunda altari ct tertin 
fOcietati tradatur. 



BOOK OF AICILL. 


I '{XXV 


code as something altogether unnatural and iniquitous. A 
certain mystery, therefore, has heen suppose(l to be con- 
nected with the Brehon crimillallaw, and Irish antiquaries 
have been accustomed to speak of this system as peculiar to 
the Celtic race and quite abnormal in its character. This 
belief was not entirely exploded until the comparative study 
of the laws of early nations, so recently comruenæd and so 
successfully pursued, had taught us that the laws of all the 
early Aryan tribal communities were almost identical in 
their principles, and that if some of the laws of such a 
community were abstractedly stated, it would be impossible 
to pronounce with certainty whether they were derived 
from the banks of the Ganges or the shore of the Atlantic. 
Every archaic code exhibits the same principles with pecu- 
liar mriations, and not only illustrates the social life of the 
people among whom it prevailed, but also throws new ligllt 
upon the customs of other nations in a similar stage of 
ci vilization. 
The ancient criminal code of [reland has heen com- 
paratively unstudied; it was known that it consisted of a 
complicated Rystem of pecuniary compensation, but the 
principles of the calculation, and their application to indi- 
vidual cases could not be ascertained so long as the preRent 
work remained unpublished. Sir H. S. "Maine, in his work 
on ancient law, states that" The Teutonic codes, including 
those of our Anglo-Saxon ancestors, are the only bodies of 
archaic secular law which have come down to us in such a 
state that we can form an e:x.
et notion of their original 
dimensions." 
The BrehOIl criminal law is, for reasons peculiar to itself, 
worthy of study, and exhibits more completely than any 
other archaic code the ideas of an early society as to the 
whole body of acts included under the names of crimes and 
torts. 
The Irish customary law was collecteù and recorded in 
writing at a period as early as, if not earlier than, that 9 f 
any of the Teutonic coùes which have come down to us. 
The missiona.ries who introduced Christianity into the island 



lxxxvi 


nITRODCCTIO
 TO THE 


were few in number, and, probably, themselves very im- 
pmfectly Latinized; the ,loctrines of Christianity were not 
forced upon the natives by any foreign power, as was the case 
in Germany. The early tribal system of society was never 
effectuaUy broken up, nor were the legal ideas of the people 
modified by the introduction of principles derived from the 
civil law. If the Irish nation had been reduccd under the 
rule of any single monarch, it is probable that their criminal 
law would have heen indeptmdently developed in the same 
manner as we find to have been thc case in other na- 
tions; but unfortunately the idea of a national sovereignty 
ncver took I.OOt, :tlHl therefore the conception of the State 
was nevcr attained 1y the Irish Celts. Thc archaic criminal 
htw remained practicaUy unaltered in Ireland ii.om the dati' 
of the earliest notices of its existence down to the final 
snppression of the Irish tri1al system at the commencement 
of the seventecnth century. It cannot be asserted that the 
internal social condition of the tribes continued unalter..d 
,luring this perioll, l,ut rather that thcir idcas as to criminal 
law were never developed. 
Tn Ireland, the study aIllI admini:otration of the law 
heing the monopoly of a separate hereditary caste, the 
traditiollal rules of th.' law aud the opiniuns of celebrate,l 
lawyers were presen.ed in writing and conulll'uted upon in 
a manner peculii.tr to the Brchon system. If ""e compare 
the rules of the early Teutoni,' ,.odes as tu crimes or torts 
with the Brehon law books, we slmll find the difference 
1.ctween the llatnre of the doculllents to 10 striking-. TIll' 
fin'mer consist of simple principles or énaetments, being 
probably merc collections (malIc 1y the authority of thc king 
whose name they hear) of the old customs IHtllde,l ,lowll 
1y tradition. The ancient customary law of the J "ish 
eonsiste,l of similar rules of uncertain '.rig-in, collectl.,l 
not hy any sovereign authorit.,", but 1y thc practitioners of 
the law, and continuotlci]Y coullllented upon 1y lawyers, in 
the sallie manner as a barrister notes up in his text-Look 
the latest authorities. 
There was not amung the Iri..h :wy ëoverf'ign authority 



nOOK OF AICILL. 


lxxxvii 


cumpetent to enact a new law; the customs were asSUlll
d to 
exist, and the early text was tab..en to represent the custom 
correctly. There was not, further, any tribunal of original 
jurisdiction whu
e decisions could be reæived :u; of binding 
authority. The mode, therefore, in which the archaic Irish 
customary law was worked out was very :similar to the 
effect of th
 Rt:I"po71sa pj'udentiU?n-the answers of thos
 
learned in the 1:1w-upon the Decemviral Roman law. 
The course which the Irish law pursued is describe'], 
with certain mOllifications to be hereafter noticed, in Sir 
H. S. Maine's account of the effect upon the Roman law of 
the Responsa P1'lHlentium :-" The furm of these responses 
varied a good deal at different periods of the Roman juris- 
prudencc, but throughout its whole course they consisted 
of explanatory glosses on authuritative written documents, 
and at first they were exclusively collections of opinions 
interpretativc uf the Twelve Tables. As with us, all legal 
language adjusted itself to the assumption that the text of the 
old code remain
d unchanged. There was the express rule. 
It ovelTode all glosses and comments, and no one upenlyad- 
mitted that any inte111l'ctation of it, however eminent the in- 
terpretel., was safe from revision on appeal to the ,.enerable 
texts. Yet in point of fact, Books uf Respunses bcaring the 
names uflending jurisconsults obtained an authority at least 
equal to that of our reported cases, and cunstantly mollified, 
t'xtended, limited, or practically ovelTuled the provisiuns of 
the Decemvirallaw. The authors of the new jurisprudence 
during th
 whole prop.ess uf its formation professed the 
luOst sedulous respect for the. letter of the Code. They 
were mer
ly l;
plaining it, deeiphering it, bringing uut its 
full meaning; but then in th
 result, by piecing texts 
together, by adjusting the law to states of faet which 
actually presented them[:,elves and by speculating on its 
possible application tu others which might occur, by Íntm- 
ducing principles of interpretation derived from th
 exegesis 
of other written documents which fell under their observa- 
tion, they educed a vast variety of canons, which had nevel' 
been o1rf'anH'll uf hy thp compilers of tllP Twelve Tables 



lx:xxviii 


18TRODUCTIOX TO 'rIlE 


!'.11J which were, in truth. r,uely or never to he found 
there. ". 
The surroulldin 6 circumst.U1ces and the ellucation of the 
early Roman lawyer and the Irish Brehon were very dif- 
ferent. No new ideas of law or philosophy were introduce.! 
from foreign sources into the law schools of the Brehons; no 
intercourse with foreign nations brought under their notice 
the legal principles wl1Ích educe themselves from an observed 
conflict of laws. The civilization of the roving Scandina- 
vian was inferior to their uwn; thc law of the Norsemen in 
their original settlements, though hetter in its practical 
working, was identical in principles with their own. The 
system of law introduced by the English was too different 
from the native Irish law to be fused with it, and was there- 
fore naturally repudiated in it'i entirety by the Brehon 
lawyers. The profe
sion of the law in Ireland being the 
possession of a, caste, law 'was studied and applied in the 
spirit of a closc corpomtion, amI reduced as far as possible 
to an occult science. Under the
e eircumstnnces it is not 
extmordinary that Irish criminal law assumed the form in 
which it appears in the ancient Brehon tracts. The root of 
the Brehon law is the archaic custom prescrved in the col- 
lections made for their own convenience by professors of 
law. This custom was not and could not be abrogated or 
altered. Owing to peculiar circumstnnces, it never wns 
naturally developed, but was continually increased in bulk 
Ly the efforts of the commentators, who in their commentary 
had no desire to improve, but &olely to exhibit the applica- 
cation of the custom to any possible contingency. In such 
speculations they display a, fatal delight in arithmetical 
operations. As the" law" of each case resolvcd itself into 
the calculation of the amount of damages, which was the 
result, as before sÌ<'ltell, of constantly varying factors, the 
possible combinations of which were pmctically infinite, the 
Bn'hon lawyers had an unlimited field for their legal 
speculations; but, however prolonged their labours, they 
coulll nut from their very nature have brought an)" impI"Ove- 
" _\ ncient J.1l"'. pp. 
3. :14. 



BOOK OF AICILL. 


!xxxix 


ment to the administration of justice, or havemct any social 
want of the nation. 
The BrehOli law, although huried in a IDass of techn:cal 
cummentary, still retains in matters criminal the pecu- 
liarities which distinguish an archaic from a more modern 
code. The narrowness of yiew of the Brehons, which 
reduced their commentaries to a mere logical development 
of forms, preserved thc criminal law free from the intro- 
duction of tho
e ideas which have become so familiar to us 
that we belicve them to be thl' first and necessary elements 
of jurisprudence. 
The features of early law in criminal matters, which 
come out with peculiar clearness ill the Brehon Jaw tracts, 
and especially ill the present work, may be summed up a<; 
follows :-(1), the entire absence of any legislative or judicial 
power; from which it follows (2), that the law is purely CU8- 
tomaI-Y, and theoretically incapablc of alteration; and (3), 
that all judicial authority is purely consensual, and the 
judgmellt
 are merely awards founded upon It submission 
to arnitration, whose only sanction is public opinion; (4), 
that all the acts defined by us as crimes are classed as torts; 
amI (5), that the form which all judgments assumed is an 
a!'sessment of damages. 
The procedure by which rpdress for an injury was obtained 
under the Brchon law explain.,;; at once the position of the 
jwlge and the nature of his judgment. 
The injured person did not apply to the civil power fur 
redress, for there was no magistracy or policc ; he could not 
issue any summons or v;Tit to bring the wrong-duel' before a 
judge, for there were no tribunals whatsoever; he vm
 at 
liberty to take the law into his u\\ n hands, and redress him- 
self. 1'\0 one would have prevented him from doing so; but 
it was the custom, or the local public was of the opiniun, 
that a persoll who had been injUlwl should not hiIPself re- 
venge the wrong suffered, but rather Le indemnified 1J.r 
damages. The first step was to induce the wrong-doer to 
enter into a consent to submit the matter to arbitration; this 
was effectPII hy tllP solemn process of a Ilistress, /'"\:plained 



xc 


INTRODUCTIOK TO TIlE 


1:10 fully in the preceding volumes. The levying a distress 
was a public reprisal, an assertion of the plaintiff's right to 
revenge the wrong suffered. Or the plaintiff, abstaining 
from an act which, although ultimately a mere form, had 
originally been a proeeeding by force, might appeal to the 
miraculous interference of Providence by fasting upon the 
aggressor. The levying of the distress and the fasting 
would in the end be no more realities than were the entry 
and ouster in an English <..jectment. The submission to the 
technical act of retaliation, and the yielding to the demand 
of the starving suppliant, were originally voluntary acts of 
the wrong-doer, enforced alone by the sanction of public 
opinion. The whole dispute between the parties is here- 
upon submitted, not to an official or judicial person, but to 
the member of that family which has preserved the tradi- 
tionary customs and acted as usual arbitrators. thus securing 
the same monopoly of the judieial1msiness whieh the village 
smith or doctor enjoyed in respect of their several occupations. 
The Brehon, at the re(luest of the parties, proceeds to settle 
all the existing difièrences between thew. In the \'ast 
majority of cases, thc settlement of their eÀisting ditferences 
amounted simply to awarding damages for the wrong com- 
mitted; but various repl"isals and acts of violence might 
have occurred before the submis
ion to arhitration, or the 
wrong-doer might have had some old complaint of his own 
to he brought forward as a set-off; in such caSèS the Breholl 
took an account between the parties. Every injury on both 
sides being duly credited or debited at a fb"ed amount, he 
then struck a, balance which represented the sum, upon the 
pUYlllelLt of which all eOlllplaillts bctween the parties were 
satistiell. The Brehon was p,lÎd lIut of tiw alllount vf 
damages awarded l)y him. 
The primary clements in the calculatiun of the amount of 
compensation were the nature of the wrong and the rank or 
power of the parties. Every pO::isible wrong was calculated 
according to a fixed ratio, the scale of the taxation depending 
upon the rank of the parties, and an additional per150nal com- 
pemmtion, independent of till: nature lIf the injury. hut with 



BOOK OF AICILL. 


XCi 


reference to the rank of the injured party, was introduced as 
a separate item into the account. ::)uch a stated account is 
detailed in the Commentary on the Senchus Mol' (vol. i., 
p. 7i") :-" A balance was "truck between the crimes, here 
i.e., Eochaidh Belbhuidhe was killed while under the pro- 
tection of Fergus, who, being the king of a province, was 
entitled tu eighteen' eumhal",' both as 'irar' -fine and honol"- 
price for the violation oj hi::: protectivn; there were olso due 
tv hi
1/, nine 'cumhals' fUI" his half . irar'-fine and halt 
honor-price, ill ('()l/fpcI/8ation fin' Dorn having reproached 
Fergus with the blemish, fur he wa" Dot aware that he had 
the blemish; so that this was altugether twenty-seven 'cum- 
1mb' to Fergus. Honor- price was ùemalllied ú y the Pi' ill i 
for the killing of the pledge, for the pledge they had given 
was a pledge without limitation uf time, aud fur it twent)- 
three' cumhals' II:UC jJa!Jaúle by him fur' imr'-fine and hllllor- 
price. For the (wtlwrity (
f Fergus was opposed at that 
time. BuiJhe, son uf Aimuirech, \Va..; I'ntitIell tu hUllur- 
price for the killing of his daughter, i.e., he was an Aire- 
Forgill-chief of the mi,ldle r
nk, awl "uo.; entitlell tu six 
. cumhals' as hunor-pri('e. Her "rother \Va" abo entitleù to 
}HJnor-plÌce for her death; he \\.as un Aire-ard, aud W"oj 
c-ntith.:rl to four' cumhals ' u" his lIOI,or-l'ricc: 1-,1) that this 
which thl' men of the ::;outh delUuudell mnuulltclL to thil't\"- 
three' cunlìmb,' and the men uf the N urth demanded Ì\\ ent} - 
seven: amI a balance was struck lwtween them, mul it wa" 
found that an e
cess of six' cumhals ' wa" dne by the men 
of the XortL, for which lnbher Debhlinc WWi again rcstorcrl 
hy the men of the Xorth." 
If the facts uf the ca"e "ere l""tabli'ihed, the skill of the 
Brehun lay in di&cernin
 what \\ ere the proper items tu Lt. 
introduced into the accuunt, and the scale in "hich they 
were seyerally to Le as&essed. The great boùy of the present 
work therefore consists uf statements of the mode in whidl 
wrungs of all possible descriptions are to be chm.ged, the 
possible items to be introduced into such accounts on either 
side, anù leaùing cases of accounts SII ta1.en as prccedtmto; to) 
be followed. For su('h a purpose allusion.; are made tu. and 



XCll 


IXTRODl"CTIO
 TO TIlE 


illustrations drawn from, the ordinary social life at the time; 
and thus a vw,;t amount of information a,,> to the state of 
!;ociety is collected. 
In the absence of any mela]]ic cunency the fine "as calcu- 
lated in cumhals, which were the conventional units of 
value.io< The (cumhal' originally signified a bond-maid, and 
subsequently denoteù any goods equivalent in value to a 
bond-maid, the price of whom was suppused to be three cows. 
If either the payer ur payee haù the power of electing in 
what particular articles the payment Rhould be made, consi- 
derable inconvenience might have been caused to the opposite 
party. To prevent this the rule was established, that in the 
l'ase of what woull1 now 1e called unliquidated damages, the 
payment, when it exceede(l a certain amount, should be made 
in different surts of goods in certain fixed pruportions. Half a 
cumhal was payable in one species of goods, one cumhal in 
two species of goods, in both of which cases it is to be pre- 
sumed that the paycr had the election of the form in which 
the payment was tu be made. "'hen the amount was 
" cumhals," that is three cumhals and upwarùs, the payment 
was made in three species of goods, viz., one-third in cows, 
one-thinl in horses, anù one-third in silver; and, further, one- 
thirù of the cattle were required to he male, one-third of 
the hOllies mares, and one-thinl of Ute silver hy weight 
might be copper alloy. This mode of calculating vallH', 
archaic as it seems, still prm-ails among the Irish peasantrT 
in the casc of grazing contracts, in which, in lieu of a cow, the 
owner of the cattle may sullstitute calves, sheep, or geese in 
a fixed ratio. The mode of paying damages in mixed goods 
diù not appl.r in proceedings founded upon an express con- 
tract to furnish a specific a ..tidc or class of :trticles, except 
Ül the case where the purchaser lJaJ, and the sppculativc 
vendor had not, notice that the specific articles could not be 
procured in the market. 
"The 'cumhal" must ha,'e ,'aried in different districts. In page 109, the com. 
mentator, quoting some custom or maxim sa,rs, "the' smacht '-fine for being without 
, teist '-evidence i
 a cow or a 'cnmhal'; and the 'cumhnl' here means tIle fourth part 
(If seven 'cumhllls.... The InClI1 custom or Iluthor made u,c of a 10('111 c
rrt'nc
. in thc 
e
timßte.. 



BOOK OF AICILL. 


XClll 


TIIC fir!.t case discussed in the present tract is that of hom- 
icide, a subject which takes precedence as well from its im- 
portance, as from the simplicity of the account to be taken.. 

\S to the naturc of the deed itself, homicide was divisible 
into the two classes of simple manslaughter and murder, thc 
difference between which lay in the existence or absence of 
malice aforethought, the fine in the latter being double what 
i.. wa" in the former ca
e. The commentary discusses the 
case of a homic;dc with or without concealment or 
ecrec'y. 
The secret homicide was one committed" among neighbours," 
l that is, in a place where the body would beat once discovered,) 
when it \';11S concealed with the object of escaping detection, 
or when the homiÓòe took place in a remote place, "herc 
the botly was not likely to he discoverctl, and the guilty 
party rlill not before detection give notice of the fact. The 
concealment in the former case was defined as an act subse- 
quent to the homicide, and done with the view of concealment; 
if the difficulty of finding the body arose from the nature of 
the homicide, it was not technically a concealment. 
The homicide and concealment being two distinct and 
conf.ecuti,'e acts, might be committed hy one person or by 
two Jiffèrent persons. The accessory to a homicide was also 
liable in damages, but a person might be an acces!.ory to 
both or one of the abm-e-mentioned acts, viz., the actual 
homicide or the subsequent concealment. If all the parties 
to the transaction were of the same rank in society the calcu- 
lation of the result may be made without much difficulty. 
The commentary takes fir8t thç case of a native freeman, by 
which we must ulllierstanfl a full member of the tribe, a 
Cf'ol'l in thc original usc of that term. For the homicide 


* This te...t IInd commcntarytrcat ..11 humid.lc as subject to the ru!cq.f 'eric .,fine.; 
malice aforethought merely doubl('s the amount paJable by the sla
 er. The com- 
mmtator in the Corus Bescna treats homicide and all other wrongs done with 
malice aforethought as exception" to the ordinary law. and states that the slayer 
.hould be gÎ,-ell up. with all his :;oods, to the family of the slain. This statement 
in the Corus Bescna i8 perhaps a further instance of the Eccle
iastical. or rather 
Le,'itical spirit apparent in that work, and, with other passages, strengthens the 
>lIspicion tllat much of the law there laid down is 
l1l\t the authorg believed ought 
to be the custom rather than wh..t they fOUllll Rctuall
 to exist. (Corns Bescna. 
ante, p. l\-i.) 



XCIV 


ISTRODt:"C'TION TO THF 


simply, the guilt.y person paid the amount ofhiR own llOnor- 
price (his" wer.' in the English law), anù the fine (body-fine) 
of seven' cumhals '. as the compensation for thc death, which 
corresponds with the" bõt" of the early English law; for 
the concealment of the hody the guilty person, whether thf' 
same as, or other than, the original smyer, paid also full 
honor-price and a fine of seven' cumhals'; the result of which 
was that the native freeman when guilty of murder paid 
double his own honor-price and fourteen' cumhals.' If, how- 
('vcr, the borly was fouwl, the fine for concealment, but not 
th(' honor-fine, was remitted. A witness to either or both ()f 
t1w acts of homicide and the concealment, if a native free- 
ma.n, was liable to one-fourth of thc damages payable by a 
principal, subject to the reservation, that if the body were 
discovered the fine for concealment was remitted. The 
amount of the honor-price in all these cases depcnde,l upon 
the rank of the per!;on l'hargpable with the payment, not of 
the person guilty of the act. If thc rank of the parties to 
the transaction were other than that of freemen, the calcula- 
tion became much more complicated. The original text merely 
states that the fines are doubled by malice aforethought, 
and contains no tahle of what the exact amounts are. The 
commentary, though more consecutive than usual1y is the 
case, contains rules contradictory tú each other as to the 
amount of the payment; these varying statements probably 
represent the application of the general principle containcd 
in the text to diversc local customs; it is therefore impossible 
to calculate with any certainty the amounts payahle in pvery 
combination. But the folJowing a.rc presented as the deduc- 
tions which may be drawn from the commentary. The 
value of a freeman being taken as; the unit, a stranger, 1t 
freeman who resides in the tribe, hut is not of the tribe, iR 
valued at four-sevenths; a foreigner, a freeman not of tlH' 


. It is diflkult to under
1'11J(1 that the fine for the sla)"ing of any freeman 
hollh1 
be !even . cumhals,' inasmueh as the cnmmí'ntary upon the next .ection of the 
text defines the septenary gra.le as consisting of those, e_!)., " hi
hop or chief pro- 
fe<sor, &c., who were entitled to a fine of se'-en ' cumhals' of penance and 
('l.en 
. cumhalø' of eric-fi,.e. The cric of a bishop or chief profe!!Scr must have exceede<l 
that of a .imple froeman. 



BOOK OF AICILL. 


:xcv 


tribe, or permanently residing in it, is rated at two-sevenths. 
and one-fourteeTJ.th; a 'daer'-manis valued at the one-seventh 
ofthevalueoftheman in whose hand hewas. Seven 'cumhals' 
being taken as the amount of the fines payable by a freeman 
for the homicide of a freeman and for the concealment of the 
hody, tII\' amount would be rateably diminished in propor- 
tion to the rank of the slain or of the f'layer. That the rank 
of the slain aflccted the amount is evident, not only from the 
analogy of similar codes, but from the passage, " It is for the 
concealing of the body of a native freeman the fine of a. 
'cumhal' is du(': and four-seycnths of it (the' ("llmhal'-finc) 
for the concealing of the hod y of a stranger; it is two-sevenths 
:md one-fourteenth (oftltp ."Irrme) for the concealingofth
 bod!! 
of a foreigner; a sevpnth only for the conC'ealing of tlte bod!! 
of a ' daer'-num:"t 
The actual amount which could be recovered for the death 
flf any person iR made the unit npon which fines for lesser 
injuries are again calculated. and the full body-fine i
 in 
the Corus Bcscna treated a
 the ma-ximum of damage'3 a 
father could recover from the son, who, having received his 
father's property on the conllitioll of maintaining him, had 
failed to do so. 
The variation of the tine in relation to the rank of the 
criminal appears in the following pa<:sagpt :-" This is the fine 


. From the 
ommentary in pag:e 1
9 it would seem that ß freem'ln who lea
ing: 
his property goe
 into another tribe (the evident meaning of which is that he was 
on1r temporarily absent) lo
es one-half of both honor-pri
e and body-fine i.
., his 
honor-price and body-fine are less by one-h'llf nnder such cir
umstances. 
tJ>age 103. 
::: The principle that the amount of the damages shoul<\ be affected by the rank 
of the guilty part). seem_ at first unusual. but it appears in some pas-ages of the early 
English law; thnB in the second se
tion of the "ecular laws of Edgar, the p&S88g:e 
occurs, .. If the law be too he'l\ Y. let him "eek a mitigation of it from tbe king:; and 
for any' bõt' -worthy 
rime.let no man forfeit more than his' ..-ër';" the force of wbi
h 
provision lies in the distinction betw
en the' h..t' and the' '1"1'1',' and the p8-"-"8ge 
therefore mean< .. the amount of dama
e to be reco
ered against an\ g:uilty person 
shall never e,,
ee<1 the amount of the. \\1'1" whi
h might be c1aiml'Ò b} his family 
in the event of hi. mur,ler." If the existence oi this principle be borne in minrl, the 
u<ual objections to the te"t in the íth se
tion of the law8 of .Ethelbirht disappears; 
and the rule, "If the king's . amhiht-smith' (official smith)or . land-rine' (guide)ølay 
a man, let bim pay a half 'Ieod-geld. (or 'wergeld');' is another instance of the 
.tatus of the sla} er being an element in the 
almlatiol\ of the damages. Great 



XCVI 


I
TRODt:CTION TO THE 


due from the' daer'-man of a native freeman for the con- 
cealing; four-sevenths of it aJ.e due from the 'daer'-man of a 
stranger; two-sevenths anù one-fourteenth from the 'daer'- 
man of a foreigner; anù a sev{'nth of the seventh from the 
'llaer'-man of a' ùaer'-mau. Hùw if; it fuuIllI out that it i8 a 

eventh of the seventh of a' cnllilwl' which is the fine upun 
the' daer'-man of a' daer'-man for the concealing of the body, 
as no book mentions it 1 It is thus inferred: because seven 
'enmhals' are the fine upon a native freeman for it; and it 
seventh ofthis, i.e. one' cumlml,' is the fine fin' the conccali1l!l 
upon the' daer'-man of a native ii'eeman, it is fair that it 
is the seventh of the' cumhal,' which is the jÌlW upon the 
'daer'-man of a native freeman for concealing, that shoul,l 
he the fine upon the' daer'-man of a' daer'-man for the con- 
cealing; and this is the seventh of the seventh."'" 
The reported case of the ancient Brehon arbitration con- 
tained in the first volume is an authority entitled to much 
more weight than the present commentary; and it is not 
easy to reconcile that decision with the complicated rules 
contained in the commentary. The commentary in this awl 
other passages of the present volume probably bears the same 
relation to the original law as the Talmud to the Pentateuell. 
The infliction of a further injury upon the horly in the act 
of concealing created a claim of an entirely new character. 
The body was held to be tht' property of the original church 
of the deceased. Whether this mcans the church or ll11 Illa.<;tery 


anomalies mnst have arisen if the principle IJt' admittcd th.lt the rank of the cri. 
minal affected th
 amount of compensatiou to Le paid Ly him. In a uote upon 
thc above-mentioned section of the la\\s of Æthelbirht, the edit"r of Tire An";fllt 
L'/W3 and Institlltes qf Ellg/ond remar!." :-" I have sought in ,,,in for an example 
\\ here the' were' is I1xed, as on the present occasion, for men of all degrees an,1 in 
fa,"onr of persons holding particnlar ollke-. The wcr-geM \\",IS the propert). of ß 
man's famil}". There might Le grace in increasing it, Lut to lessen its amount in 
favour of any class of men wouM Le little short of giving cncolII'al,rement to the Com- 
mission of the very crime against which the law is directed. Indeed such a principle 
is in opposition to thc whole Lodyof Germanic jurisprudence, in \\hich the 'W
I" 
and the dnties connected with it may be said to be the corner-stone of the faLri
:' 
* P. 103. If this principle were carried out in the case of the murder" \\ ith malice 
aforethought" of the' ,Iaer'-man of a' daer'-man by the' daer'-man of a . daer'- 
man, the amount of <lamages to Le paid Ly the 
llIyer would be the eqnivalent of the 
decimal .0166 of the value of one cow. 



nooK OF AICILL. 


XCVll 


situate within the land of his trihe, or a church founded by 
a memher of his tribe, the honor-price, but not the body fine, 
which should have h
en paid to the deceased on account of 
such an injury if inflicted in his lifetime, W<l'i payable to the 
church to which he belonged; thus con<;tructi,-ely the dead 
lUan was regarded as the member of the mona.<;tic church in 
which his remains should have rcposed. 
Ina.'imueh as the compensation to be paid by or to any 
person depcmlcd upon his rank in the community, it was 
important in e,-ery case to ascertain the real rank of the 
individuals connectt'd with the transaction. If the status of 
the individual depended solely on descent, there would be no 
difficulty in the matter. The idea of rank ,n. status is dif- 
ferent in the case of a nation of unmixeJ descent and of one 
tormed of a conquering superimposed upon a conquered racc. 
In the latter case the test of nobility is purity of blood; a 
man remains in the rank in which he was born, and therefore 
a certain descent is a condition antecedent to the acquiring 
flf nobility; such was the position of the Spartiate in Lace- 
dremon, or the patrician of Rome. But in a nation of one 
stock only, although a peculiar po
ition is occupied Ly 
the ruling families, Rud although at an early period birth 
and nobility are associated, yet nobility docs not confer the 
position occupied by one of a conquering in relation to the 
members of a conquerc,l race; in such a nation pruperty or 
personal distinctiun is considered as a sufficient foundation 
of nobility. Nothing iwlicates the completeness of the 
d( struction or expulsioll uf tho British natioll before the 
English more clearly thall the possibility of attaiuing social 
rank without any reference to birth. Although the early 
Irish history records successive settJements and invasions, 
it is certain that the Celtic population did not occupy the 
position of a conqueriug as contrasted with a conqnered 
population. Naturally, therefore, in a legal point of view, 
rank was not the result of descent purely, but could be 
reached by one ".ho possessed certain personal qualifica- 
tions or property; it was therefore possible that personal 
status might from time to time be altered by circumstances 
g 



xeVlll 


ISl'RODL"CTIO
 TO THY 


external to the individual himself-that, a!'; the original 
text describes it, "The hcad of a king should be upon a 
plebeian, or the head of a plebeian upon a king." Rank, 
as mea<;nred by the amount of the honor-price, might depend 
on the family, profession, or property of the indiviàual. 
Professional mnk might clepcnd upon the position at- 
tained by the person in qucHtion-e.g., a hishop or a chief 
profes'3or; or, in the case of a retainer, upon the rank of the 
chief to whom he belonged, as in the Barbaric codes a 
" ministerialis " of the king, although taken from the servile 
cJas!';, had thereflll'e an increased value. That the f,'Tade of 
an individual could he determined hy the amount of his 
property appears from the rules suhsequently laid down as 
to partnerships in the commentary, in page 143, wherc it is 
statell that if the owner of twenty-eight' cumha.ls ' worth 
of land enter into a partnership with the owner of twenty 
cow<; (eight' cumhals' of cows), not only do certain incidents 
as to the ownership of the property occur somewhat similar 
to our own law of partnership, but each of the partner!'; was 
entitled to an honor-price of the grade double whose property 
they possc:>:;ed, and therefore hoth of the partners in such a 
case would take the rank of a middle 'Bo-aire' -chief; from 
which it may be assumed that property to the amount of 
eighteen' cumhals ' was either su11icient to confer, or neces- 
sary to maintain, the specified rank. 
It is evident that in estimating the amount of the honor- 
price of any person the result might be very different 
according to the particular qualification with l"Cference to 
which his grade was determineà. When an individual could 
qualify in more than one grade, if the question of the amount 
of his honor-price arose, he was required to elect on what 
basis, whether birth, profession, services, or property his 
grade should be ascertained, and by such election, when once 
made, he was thereafter bound. "The head of a plebeian is 
upon a king" when one of noble rank elects that his honor- 
price sholùd be ascertained in respect of his property and 
not his birth, and afterwards loses the property, the ground 
of his qualification. In such a case he could not, on a subse- 



nOOK OF AICILL. 


XCIX 


quent occa.<;ion, fall hack upon his birth as hig qualification; 
he would be considered to have voluntarily abandoned his an- 
cestral grade, and to have lost the qualification thereof for 
that which he had elected to retain. Although, however, he 
loses the benefits acquireà by his own descent, the loss is 
purely personal, and if he has children he transmits to them 
the hereditary grade, and can, in their right, claim the ori- 
ginal honor-price which he had renounced for himself. This 
passage contemplates the possibility of a person of kingly 
(or rather noble) lineage finding it more advantageous for 
hilllSelf to assess his honor-price with reference to his pro- 
perty. If it was his interest to elect to be rated, not with 
reference to his birth, but upon the basis of property, because 
thehonor-fine to which in the latter case he would be entitled 
would be greater than in the fonner, we must conclude that 
the temporary possession of property conferred a rank on its 
owner, at le:tst as high, or gave its owner a right to an honor- 
price as great, as that of the son of a kingly honse. This re- 
sult is so extraordinary that the commentary might be sus- 
pected of being purely speculative; the proverb, however, re- 
ferred to in the text shows that the transaction was both 
ancient and notorious. Rules similar to the last are also laid 
down in the case of the contingent qualifications of service. 
The next section (page 109) treat
 of the consequences of 
having falsely boasted of having committed a crime. Whcn 
the Brehon arbitrator had not to inquire into the question 
of abstract guilt or innocence (terms quite foreign to the 
ideas of the time), but was reqpired to give a deci
ion upon 
the admitted facts as between the litigants, an acknowledg- 
ment once proved threw upon the party who had made it 
the onus of proving the contrary; and hence it followed that 
the plea that the previous acknowledgment or boast of 
having committed the deed was false in fact required to 
be proved strictly. The boasting tbat an injury had been 
committed against a person or his property, although untrue, 
was in itself an injury, and entailed upon the boaster a por- 
tion of the damages payable if the act in question had been 
actually committed. Considerable difficulty is acknowledged 
9 2 



c 


I
TRODLCTIO:\ TO THE 


by the commentator to exi:-5t as to the exact proportion of the 
damages which were left or removed upon proof of the act in 
question never having been committed, a difficulty which is 
attributed to the conflict of' Cain' and' Urradhus' law-the 
former of which must be consillered as the general customary, 
the latter as the local cu:,;tomary law, which prevailed in the 
trilJe to which the Brehon commentator belonged. There 
might have been as lllany Urradhus laws as there were tribes, 
but the author himself, naturally attached to a particular tribe, 
speaks of its custom as the UI'I'nclhw
 lrav. The treatment 
of untruthful boasting, a.'i an actual tort, had not been es- 
tahlished without opposition. The commentator quotes the 
old maxims, ".Much i:,; said through aggravated anger and 
the folly of mental disturbance," and "Though one shoultl 
hoast of a thing which he did not do, he shall not be fined 
for it." AB this is in direct contradiction to the text 
which he is annotating, the commentator strives to recon- 
cile them thus: the boasting is a tort or wrong to the per- 
son represented to havc heen injured, but it is an injury only 
so far forth as it would be believed by a reasonable man; 
the boaster is liable therefore in the inverse ratio of the ex- 
cellence 8f his own character. If the person who boasted 
"were a thief, or if he were. a person who was always in 
the habit of huasting, it is less likely the deed was committed 
by him, and it is right that there should be no fine upon 
him.". 
\Vhen the homici(le in question was not the act of a singh' 
imlividual the question naturally arose by whum and in what 
proportions the damages were to be paid.t A distinction was 
drawn between the instigation to do the act 
md the com- 
mission of the act itself, which "ere treated as separate 
wrongs. For the instigation to commit the act, " if one man 
led them out by force or tltI'(J/{[jh fhci1' ignorance," whether 
those guilty of the act itself were Jiscovered or not, a fine of 
seven 'cumhals' was payable Ly the man" who led them 
out." If all the parties to the transaction are known and 
proceeded against conjointly for the act committed, the 


· Pr. 11::!, 113. 


t 1'. 11:í. 



BOOK OF AICILL. 


Cl 


fine, .. if they Wère led out with their consent," is still 
seven 'cumhals,' the instigatOl' or lealler payiug one-third 
for the instigation, and his share of the residue aq one 
of the parties guilty of the wrong. Proceedings might he 
had against the in!;tigator for the instigating and for the 
act itself, either jointly or severally. The result of the arlJi- 
tration anù paymcnt of the award would amount only to a 
sati"faction for the actual wrong, thc hasis of the arbitration. 
The purely voluntary nature of the submission is shown by 
the rule, that ifit is agrecd that the questions both of the in- 
stigation to comn
it the act, and of the act, should form the 
snbject of a singlc arbitration, the fine of sevcn ' cumhals' 
discharges the defendant from all liability. If the canses of 
action were not combined in the original arbitration, and 
consequently two several proceedings were at different time
 
commenced against the instigator, he paid the seven 'cum- 
hals' on the action fi)l" instigation which was instituted 
against himself severally, anù hi!:! share, two-think of the 
seven' cmnhals,' which were recovered on the action founded 
on the act itself. A sol idaJ'ité existed between the instigator 
and the parties instigated, but this, from the nature of the 
jurisdiction, was different from"that in the cases of joint 
defendants in an action of tort in the English law. rnder 
our law all the wron<T-doers are defendants in the first 
'"' 
instance to the action, the judgment against them is joint 
and several, and may be levieJ off all or any at the election 
of the plaintiff. In the Brchon law the arbitration was effectual 
only between the parties to the 
m I-mission; if the othersrefuseù 
to come in, the defendant might or might not pay the whole 
damage and obtain an indemnity for them; if he did not, 
they remained open to reprisals; but if they subsequently 
elected to come in, they could take the benefit of the previous 
arrangement by settling thcir account with the injured party 
or the party who had previously paid the entire damages. 
Independently of wrong comnlÎtted against the person 
Jirectly injured, or (in the case of his death) against his kin, 
the commission of an act of violence \Va" a wrong to the 
per;;;on in, or in the neighbourhood of, whose house the trans- 



Cll 


INTRODUCTIOX TO THE 


action took place. Around such a. residence there was a space 
(" Maighin" translated' precinct ') of varying extent, within 
which the owner of the house had a right to in
ist that the 
peace should be kept. The cxtcnt of the precinct depended 
upon the rank of the owner of the house; thus the, precinct 
of a bishop was the space included in a circle, the centre of 
which was his house, and the radius one thousand paces. The 
limits of such a precinct are sometimes less definitely maJ..ked 
by reference to the di!>tance at which certain sounds might be 
heard, e.g., the sound of a bell or the crowing of a cock. It is 
improbable that the privilege ofthe owner of the precinct was 
confined to any special ranks in the community; the rules in 
the Brehon law, as to the rights of the resident within the 
}.irecinct, necessarily flow from the establi-;hcd fact that in all 
early tribe systems the family was the unit of social organiza- 
tion. Within the house and lot of land attached allodially 
to it, the family was an absolutely free community; an entry 
by one not a memùer, otherwise than <is a guest, or the 
commission of any violence therein, was a distinct wrong to 
the collective body of the family, as representcd by its head 
f()r the time being. In the Teutonic tribes" each family in 
the township was govcrned
 by its own free IH'ad or pater- 
familias. The precinct of the family dwelling-house could 
})e entercd by none but himself and those under his jJab.;tt 
potestas, not even hy the officers of the law, for he him- 
self made law within anù I:'nforced law without.". The 
right to enforce the peace within the house of the family, 
wa.'i naturally extended in the casc of those of the higher 


. Maine Village C"nllnunitie
. p. ,So The modern use of the wor(l to\\n, amI of 
the Irish townlallll, as meuning an enclosed space the joint property of more th.m on<, 
person, appears in the La\\ s of Ine, section 4:?, "If 'eeorls' have n common meaùow 
(gærs-tun) or other pnrtible land to fence, s.c.," the leading idea wns the enclosing 
of a piece o
 lanù, the cutting it ont of the geueral puhlic stock; and the 
ancient use of the term, and the law uf the precinct, indicate the mOlle in which the 
memhers of 11 trihal communit) fi..ed their .lwellings; .. yicos loeant non in nostrum 
morem, eonnexis et cohærentihu, ædificiis; suam 'lnbque domum 
patio cir- 
eunulat."-Tacitus Ger. c. IG. 'fhe law of the precinct in thp llrehon la"'
 is 
worthy of attention as indicating' a state of 
(J{'iel). ,mtcr;or to that generally 
descrihed in thcm, and provin
 that the principle of the unity aOlI independence 
of the f.unily is common tn all till' Ar).ml trihal eommuniti. s. 



BOOK OF AICILL. 


elll 


ranks to certain limits drawn around their abode-limits 
which, doubtless, at first repre:>ented an actual fence or 
bound, but afterwards, perhaps, only existed constructively 
in the contemplation of the law. :-3uch was the space indi- 
cated by the English' tùn ' (Germ. zaun), originally a plot of 
ground enclosed by a hedge, the separate allodial possession 
of a family, anù subsequently used preci!:>cly as the Irish 
'Maighin'; as in the phr3.'>e, "If anyone be the first to mak
 an 
inroad into a man's' tün,' &c." (Æthel. sect. 17).. Thus we 
meet in the Engli
h law the rules: "If a man slay another in 
the king's' tûn,' let him lIIakc ' Lôt' with fifty shillings," and 
" If a man slay another in an eorl's ' tùn,' let him make' bôt' 
with twelve shillings" (Æthel. sect. .j and 13). The theory of 
the precinct, if it operate.l to protect the family from acts of 
violence done therein, naturally threw on them the duty 
not only of maintaining order within, but also of preventing 
its lllviolable character being abused by the protection of 
wrong-doers against the consequences of their acts. The head 
of the family was bound to prevent wrongs being done to 
third parties within the limit of his absolute jurisdiction; if 
the hand of the avenger was stayed at the limit of the en- 
closure, the head of the :Gunily was responsible for the acts of 
thuse whom the sanctity of the precinct thus protected. This 
principle, which occurs constantly in the present tract, is 
reiterated in all the early English laws from the em'liest down 
to those of Henry l.t They are almost identical with those 
of the Brehonlaw. 
The rights and liabilities of the family in respect to the pre- 
cinct art' naturallycon-elative, and are shown to be such in the 
rules as to payment of comppusation for ommces, when it is 
unknown who the guilty partie:-- are.
 If, although the guilty 
person bc not ascertaine.l. it lJe certain that the inhabitant.,; 
(of the village), or some of them, slew the deceaseJ, they all 
conjointly pay the tine of seven' cUlllhals' to the king aud to 


* The Irish law justifiell the sla} ing by the 0\\ lIer of the hl'use of the thief" ho 
brc,ke in at night. exactly as the English 1:1\\. 
t Early Fnglish La\\s. H. amI E. 1:>, p. 14; Cnnt. s. 28. p. ] (j
 i Fd. Con. 23, 
p. 1
1;;; Wm. I.. 4P.. I'. :!W: Hell, I.. p:lr. ,iii.,
.;;, p. 22:\. 
 P. 11;. 



('IV 


IXTROD
CTIOX TO THE 


the owner of the lan!l as compL'nsation for the viulence I.:um
 
mitted upon the laml of the family. The amount of the 
latter payment is described as being different under the 
L"rradhus and Cain laws; in the former it was one-twentieth 
part of the honor-price of the owner of the land, if the act 
occurred without, awl one-half if within the precinct; 
according to Cain law, it was seven-twentieths of his honor- 
price, whether the act took place within or without the pre- 
cinct. If, however, it was not certain that the inhabitants 
of the district were the guilty parties. they pay the fine of 
Beven 'eumhals' as before, but the position of the owner of 
the lucHs in qlw is reversed, and he pays a part of the com- 
pensation, the amount of which was uncertain. The rea
on 
of these rules was that in the former case no default existed 
on the part of the owner; the act had been committed by 
an ascertained class, although the individual had not been 
ascertained, and, as incident to the act itself, a trespass had 
been committed upon his exc1nsive property; but in the latter 
case it was possible that the act had been committed by par- 
ties ",h" had been permitted by the owner to enter upon or 
remain on his exclusÍ\-e property, and for whose acts he was 
therefore responsible. 
If the guilty parties were ascertained to consist of a mixed 
boJy of freemen, strangers, &c., the compensation was paid 
by them rateably in proportion to their respective honor- 
prices; but no infonnation is given as to the rights or lial.i- 
lities of the owner. If the person guilty of the act stood by 
when the compensation was paid by the inhabitants, he 
became liable to recoup thrm with an additional fine for 
"looking on" at the payment. The varying aUlImnt of 
compensation with reference to the rank of the payer ren- 
JereJ snch an adjustment uf accounts complicated, and 
produced a series of rules the geneml object of wIJich was tu 
compel the guilty person to indemnify those who had paid 
the compensation for his act. The fine for looking on was 
calculated with reference to the amount'paid, the payment 
to be made in respect of each successive" sed" bping estimated 
in a Jecreasin

 ratio, The fine f<n. looking 011 also varied 



BOOK OF AICILL. 


c\" 


with reference to the nature of the goods in which the com- 
pensation had originally been paiù. From a passage in the 
commentary, which is evidently a reference to some well- 
known case, the amount of the fine for looking on was 
diminished if the parties who had paid the compensation 
might with rea!"onable diligencc have discovered the person 
really guilty-e.g., if they had seen him coming from the 
locality where the killing took place,-because in such a 
case there was no fraudulent attempt at concealment. 
An important elemcnt in the calculation ofthe amount of 
damages was the intention of the defendant hoth as to the 
person whom he intended to injure and the nature of the in- 
jury which he intended to inflict. When it was intended to 
slay an outlaw, the person actually slain might have been a 
" lawful" man, and conversely, when it was the intention to 
kill a" lawful" man, the slain may have proved to be an 
outlaw. No information is given as to the causes of out- 
lawry. This is the more relllarkaLle, ina.csumch as the specific 
acts, which entailed this penal conscquence, are detailed 
minutely in the English laws. Our modern idea of an outlaw 
is that of one who, having refused to obey the law, has been 
by a distinctjmlicial act declared 1101'S de loi; in consequence 
of his violation of the law society withdraws its protection 
from him; having repudiated his civil duties he loses 11is 
civil rights. Such a process presupposes the existence of 
judicial authority (perhaps, rather, legislative authority, as 
in the case of the Roman privilegium), or of a feudallorJ. 
The Wehh laws speak of an outlaw, as " one outlawed from 
the Lord's peace by a public act, or lawful banishment and 
process." (Welsh Laws. Cyvreithiau Cymru. iii., 13, page 

95.) Such could not be the meaning of the word in a 
tribal society, the most remarkable characteristic of which 
was the absence of any public law or criminal procedurc. 
Under the early English laws acts of an aggravated nature, 
such as "felling aman to death," &c.,rendered the guilty party 
.. utlah"; but the life of the outlaw was not therefore at the 
mercy of every man, but" all those who desired right" should 
seize him. "And if he so do that anyone kill him, for that he 



CVI 


INTRODUCTION TO THE 


resisted God's law or the king's, if that be proved true, let him 
lie uncompensated.". But according to the Englis11 law 
the outlaw when arrested took his tl'ial, and compounded 
his act in the usual manner. Although outlawry in the 
later English laws (e.!!., Cuut., s. 13) entailed peml conse- 
quences, it originally was little more than an arrest on mesne 
process. The meaning of the term, also, as it occurs in the 
early English law, is inapplicable to the Brehon code, which 
nowhere conceives the idea of a compulsory process. 
It is to be remarked that the text rli:-.tinguishes two classes 
for whose death the full fine is not payable--viz., the per:::>oll 
un wbom it is right to inflict the retaliation of an injury, and 
the condemned outlaw. Both theBe parties suffer a " dimi- 
nutio capitis," but the loss of his legal rights in tbe case of 
the former was partial, in the caRe of the latter absolute. He 
upon whom it was" l'ight to inflict retaliatiun for an injury" 
must be one who himself had previously inflicwd an injury 
upon the person who retaliated; from this it is clear that the 
outlawry did not simply arise fro111 the commission of the 
act itself, and that some further deed was necessary to drÏ\.e 
the guilty person out of the community-some fm'mal act 
must have evidenced that he was so dl'iven forth. The only 
act to which such consequences can be attached is a reful:;al 
to act in conformity with the tradition and custom of the 
tribe in fulfilling an award made in accordance with custom- 
ary law. :No judicial body e
isted to decree the expulsion 
of an individual from the community; but we know that in 
simil:u- cal:;cs an urganised body, formed in accordance with 
i lUmemorial custom, could l)y a popular expre
sion of uni ver- 
sal disapproval drive from out itself the memher who repu- 
diated the principles upon which the whole social organism 
was establi"he(l. Such was the mode in \\ hich a member 
of a Comitatus was expelled, as described in the well- 
known passage :-" At si . . terr& pe1fugere maluisset, ad 
nemus usque pari militum curå comit."lndus erat, cunctis 
tam diu in ejus abitu expectantibu s , quousque procul ipsum 
abesse cognoscerent. Äc tum demum lllagno cum totius 


. The L:lw
 of I'dwar<l 1111<1 (;uthrum, >f'C, G. 



BOOK OF AICILL. 


eVIl 


militiæ fragore tel' valide edendu.'I clamor, cunctaque strepitu 
miscenda. fuerant, ne fugiturus ullo ad eos errore referri 
posset.". Some such process must have Leen absolutely 
necessary in every archaic community. Some circumstances 
must have Leon held to justify the expulsion, and proLaLly 
some ceremony may have indicated that the member of the 
community who rebelled against the custom was east uut, 
and had become" fi.iellllless," "flyma," or " exlex." 
In the text the word translated" outIa w" seems to be some- 
times used in a double sense, as implying l)oth one on whom it 
was right to retaliate a wrong, and also one belonging to the 
class of condemned outlaws. The head of thef::nnilywtts Lound 
not to allow his house to Le made a sanctuary Ly tho::;e upun 
whom a just vengeance could he inflicted, for he could not, Ly 
doing so, stop the course of legitimate revenge; and therefore 
no damages could be claimed by him if in such case the 
peace of his precinct were violated. The general principles 
upon which the commentary in page 1:3ï proceeds are clear, 
although the rules there laid down are confused and ob,cure. 
If a man slay another in the house of a third party, he was 
guilty of a wrong towards, and was LOUllll to pay damages to, 
both the kin of the ::;lain and the o\yner of the houl:;e in which 
the slaying took place. The amount of the fine was, how- 
ever, variahle, according to the "intention" of the slayer; 
and the rights of the owner of the house to compensation, 
were affected, if he had harboured in his house an outlaw ur 
wrong-doer. Hence six possiLle cases of homicidc com- 
11litted in the house of it third party arise; (1) If the inten- 
tion be to slay a lawful man iind he is I:;lain; (2) If the in- 
tention Le to slay a la\\ ful man and another lawful man is 
slain; (3) If the intention be to slay a lawful man and an 
outlaw is slain; (4) If the intcntion Le tv slay an outlaw 
and a lawful man be slain; (5) If the intention be to slay 
an outlaw and he is slain"; and (6) If the intention be to slay 
an outlaw and another outlaw is slain. If the act done be 
that which it was intended should be done, the af.seSSlllent 
of damages was simple; but if the act was not that intended, 


. :'axo-f:r:llno (1,,1. St
p\lImi), p. 1 
'''. 



\ 
\ 
\ 
\ 
\ 
\ 


eVIl1 


I
TRODUCTIOX TO THE 


damages had to be calculated with reference both to the act 
and to the intention . , and the damaaes arisiIw from the nature 
o '" 
of the place in which the act was committed must have been 
affected by the conduct of tIle O\vner of the' loclIs 'Í1
 qllu. 
The difficulty in the commentary arises ii.om the fact of tine 
for the "place" being represented as payable to the injured 
person, or to the person intended to be injured. It may bo 
fairly conjectured that the commentator was discussing the 
several cases rather with the ohject of defining the amount to 
be paid, than the person to whom it was payable. 'Yith such 
correction the general rules may be :'!urnmed up as follows:- 
If the intention was to kill a lawful man, and he was killt'd, 
all the full damages, both for the intentional act and the 
violation of the rights of the owner of the locus in quo were 
payable by the slayer. If the intention was to slay one 
lawful man, and another lawful man was slain in his stead, 
the intention of the wrongdoer and the act were practically 
the same, and the (lamages were as in the former case. If 
the intention was to slay an outlaw, and a lawful man was 
slain, in every respect, except the actual slaying, the slayer 
was in the samc position as if he had slain an outlaw, and 
for the actual slayin6' of the lawful man, upon proof of the 
intention to slay an outlaw, only half body-price and half 
honor-price were payahle. If the person slain was not a 
condemned outlaw, hut merely a person against whom the 
slayer had a right to retaliate a wrong, two-thirds of the 
tinc were payable; that is, in the general account between 
the families, the fine for the slaying of the original wrong- 
doer would be subject to a discount of one-third. If the 
slain was a condemned outlaw, the man who had slain 
him, intending so to do, was exempt altogether. If one 
outlaw was slain in the stead of another, the position of the 
slayer was the same as if he had succeeded in carrying out 
his original intention. By the term' a fine for intention' is 
meant the fine payable upon an unsuccessful attempt to 
commit a wrong. 
The general impression produced by the rules in the com- 
mentary is that the attempt to commit 'an act was treated as 



FOOK OF AICILL. 


(,IX 


equi\.alent to its commission, unless the result of the attempt 
were very insignificant. 1'hus,if an attempt were made to slay, 
or to inflict an injury which would endure for life, and blood 
were shed, the fine was the same as if the attempt had suc- 
ceeded ; if the injury did not amount to the shedding of blood, 
the fine was reduced one-half. If the intention were to inflict 
any specitipd injury, and a different injury was inflicted, a cal- 
culation was maae of the total of" a seventh for intention, 
one-half for goinci to the place and the body-fine for inflictiuci 
the wound." And the plaintiff could elect Letween the result 
nfthis calclùation, and the fine for the wound he intended to 
inflict and thé fine for the wound which he actually inflicted.. 
In the case of injuries inflicted on the person, thc l1lost 
important element in estimating the damages was naturally 
the nature of the injury itself; and it was thercfore attempted 
to schedule ail possible injuries at different amounts. The 
damages for each injury were calculated as a fractional part 
of the damages payaLle in case the injured person had 
actually been killed. It is evident fTOm the commentary 
that no definite 
cale of damages had been universally estaL- 
lished; the commentary commencing at IJage 34,:) differs in 
its mode of cnlculation from that commencing in page 349 ; 
and the author of the latter commentary, or a subsequent 
writer, notices the differences of opinion which existed. The 
following excerpts from the latter commcntary give a fair 
idea of the mode of calculation. For the loss of thc use of 
one leg, one hand, one lip, the tongue with loss of specch, 
the nose with loss of smell, the sight of an eye, or the hear- 
ing of an ear, there were payaLlc half body-fine, half com- 
pensation, and the full body-price. In such a system of 
calculation the difficulty must have occurred that a person, 
who had received several injuries, might, although his life 
werp spared, claim more than the alllount of damages pay- 
able in the cnse of his death; the full body-fine, therefore, 
was naturally taken as the llia.
mum which could be 
recovered for injuries inflicted upon anyone occasion. 
'Vhen a person had once been maimed, and had recovered 
. Page 139. 



ex 


IXTRODUCTIOY TO THE 


part or an of his body-fine, his position in the case uf sun- 
sequent injuries was not altered for the worsc. No suh- 
sequent wrong-doer could insist that the injured person 
should be rawd as a damaged article. Compensation for the 
hand was according to some fixed at thirty-six' screpalls', 
eighteen of which represented the thumb, nine the first 
finger of the right, or middle finger of the left hand, and 
the remaining fingers were rated at three sere palls each; and 
this was again divisil,le among the three joints of each 
finger. As the classes of injury were defined by certain 
limits from each other, when an injury fell within a de- 
fined class, the fine or compensation for it would he the 
same, independent of its more or less aggravated character; 
thus the compensation for cutting off an arm being fixed at a 
certain sum, it was immaterial whether the firm were cut off 
at the shoulder or fit the elbow; similarly it was immaterial 
whether the leg were cut off at the knee or at the anele. The 
rules as to the injury to the nail of a finger fire interesting, 
as occurring in other codes. " If the top of his finger has 
been cut off him from the root of the nail, or from the black 
upwards, hody-fine and honor-price WI'C paid fm. it according 
to the se\"erity of the wound; or if bleeding was caused 
in cuttinO' off his nail , he shall have' eric'-fine for bleedin rr on 
o 0 
account of it. If it was from the black upwards, his nail 
was cut off him, thc1.e shall be one fine for a white blow on 
account of it.". 
That the same injury might involve greater loss to one 
person than to another, and that compensation was not given 
by the strict traditional fine, was too obvious to escape 
observation; in some cases therefore the character and posi- 
tion of the injured party increased the amount of damages. 
Thus" a wing nail shall be given to the harper, if it was off 
him it (thc nail) was cut." 
If the wound were inflicted inadvertently in lawful anger, 
the payme'!lt was made upon a diminished scale; but the 
commentary at page 347 is so obscure that it is impossible 
to extract any definiw rules from it. 


· Page 31;3. 


\ 
\ 
\ 



HOOK OF AICILI,. 


eXl 


In f..OUW ca..,e<; tlw amount of damages was rliminisherl 
with reference to the character anù position of the injured 
party, hence the strange rule that a decrepit man, and a man 
in orders wcre, if castrated, entitled to body-fine only" :tc- 
em"ding to the severity of the wound;" but a layman (not 
ùecrepit) was entitled for the same injury to full body-fine, 
full honor price and complete compens:ttion.. 
The principle that the injuries are to h(' atoned for hy 
pecuniary compensation, and that the amount of such com- 
pensation fluctuates with reference both to the nature of the 
injury anù the rank of the parties, is common to all early 
Teutonic and Celtic codes; and this rule beillg once estal.- 
lished, it follows that ('\Tery such code muc;t contain a 
cla<;sification of wrongs with referf'nee to the amount of 
damages payable in respect of them. There is therefore 
nothing peculiar in the speculations contained in the Book of 
Aicill ac; to the rlama
es to he paid in the several cases 
,liscussed. The obscurity which confessedly exists in the 
text is to be attrihuterllleither to the nature of the subject. 
nor to the character of the law, hut rather to the mode in 
which the hook ha
 been composeù, and the speculative 
tenùencies of the eonllnellwtors. Pcrhaps also, as it may 
be fairly surmised, there was no universally accepted scale 
of damages. 
As an illustration of the identity of the principles of the 
Brehon law relative to torts, there is here subjoined a selec- 
tion from the laws attributed to Æthelbirht, King of Kent, 
who was haptized by St. 
\ugustine, and died after a reign 
of fifty-six yearR, according to Bede, on the 24th of Feb- 
ruary, 616 A.D. t 
21. If a man slay another, let him make 'bõt' with a haJf 'leod- 
geld' of C. shillings.:t 
23. If the slayer retire from the land, let his kindred pay a 
half 'leod.' 
25. If anyone slay a. 'coorl's' 'hlaf-æta,'
 let him make 'bôt' 
with vi. shillings. 
. Page 35:;. t EccL Hist. B. 2., c. 5. 
t That i. , if one freeman (ingenuus) kill Rnother. 

 Lit. loafeater I domestic servant. 



CXll 


IXTRODCCTIOX TO THE 


26. 


If anyone slay a 'læt'-/I- of the highest class, let him pay 
lxxx. Rhillings; if he Rlay one of the second, let him pay 
Ix. shillings; of the third, let him pay xl. shillings. 
If anyone thrust through the 'riht ham-scyld,'t let him 
adequately compensate. 
If therp he 'feax-fang':J: let there ùe I. sceatts for' bôt.' 
If there be an exposure of the hone, let' bllt' be made with 
iii. shillings. 
If there be an injury of the bone, let' bôt' be made with iv. 
shillings. 
If the outer 'bion'
 be hroken, let 'bõt' be made with x. 
shillings. 
If it be both, let' Lðt' be made with xx. shillings. 
If a shoulder he lamed, let 'bût' be made with xxx. shillings. 
If an ear be struck off, let 'bôt' he made with xii. shillings. 
If the other ear hear not, let' bôt' be made with xxv. shillings. 
If an ear be pierced, let 'bôt' be made with iü. shillings. 
If an ear be mutilated, let' bût' be made with vi. shillings. 
If an eye be (struck) out, let' bût' be made with I. shillings. 
If the mouth or an eye be injured, let 'bût' he made with 
xü. shillings. 
If the nose be pierced, let ' bôt' be made with ix. shillings. 
If it be one 'ala,' let ' bût' be made with iü. sEllings. 
If both be pierced, let' bôt' be made with vi. shillings. 
If the nose be otherwise mutilated, for each let 'bôt' be 
made with vi. shillings. 
If it he piprced, let 'h(,t' bp made with vi. shillings. 
Let him who hreaks the chin hone, pay for it with xx. 
shillings. 
For each of the four front teeth, vi. "hilliugs; for the tooth 
which stands next to them, iv. shillings; for that which 
stands next to that, iii. shillings; and then afterwards, for 
each i. shilling. 
If the speech be injured, Àii. shillings. If tllf' collar bone 
be broken, let' hût' be made with vi. slâllings. 
Let him who stabs (another) through the arm make' bÔt' 
with vi. shillings; if :m arm be broken let him make 'bôt' 
with vi. shillings. 


33. 


33. 
34. 


35. 


36. 


3ï. 
38. 
3g. 
40. 
41. 
42. 
43. 
44. 


45. 
46. 
47. 
48. 


4g. 
50. 


51. 


-C) 
JoJ. 


:13. 


* Latin lætns. Fiscalinus, a seryant or member of the comitatus of the king. 
t Right shoulder blade. t A taking hoM by the hair. 

 Probably the periosteum or outer membrane covering the bone. 



BOOK OF .\lCILL. 


CXIIl 


5t. If a thumh he struck 011: xx. shillings. [f:t thumb nail Le 
off, let' bût' be made v. ith iii. shillings. If the shooting (i.e. 
forf') finger be struck off let' Lôt' be made with ,'iii. shil- 
lings. If tbe middlf' finger be struck off, let ' b.,t' he m:ulf' 
,\ith iv. shillings. If the gold (i.e. ring) finger be struck 
off, let' bût ' be made with vi. shillings. If the little finger 
be struck off, let' bôt' be made with xi. shillings. 
5.3. .For eYery nail a shilling. 
36. For the smallest disfigurement of the fiwe, iii. shillings; amI 
for the great
r, vi. bhillin;.:-",. 

)7. [f an
 one strike another v.ith his fist oti the nose, iii. shil- 
lings. 
.'ì8. If there be a bruise, i. !.hilling; if he receive:l right hand 
bruise, let him (the striker) pay a shilling. 
59. If the bruise be black in a part not covered by the clothes, 
let' bôt' be made with xxx. scætts. *' 
60. If it be co, ered by the clothes, let' bût' for each be made ,\ ith 
xx. scætts. 
6t. If anyone destroy (another's) organ of generation, let him 
pa.y him with iü. 'leud-gelds'; if he pierce it through, let 
him make' bût' "ith Ü ",hillings; if it be l,iereed ,\ithin 
let him make' Lùt ' ,\ ith vi. shillings. 
ü:J. If a thigh be broken, let' hût' be madt' ,\ ith xii. shillings; 
if the man become halt, then the friends must arbitrate. 
(;6. If a rib he broken, let' Lùt ' Le macle with iii. shillings. 
67. If a thigh be pif'rced through, for each !.tab vi. shillings; 
if (the wound hI') above an inch, a bhilling; for two indles, 
ii. shillings; above three, iii. shillings. 
68. If a sinew be wounded, let' bût ' be made with Ïii. shillings. 
69. If it foot be cut off, let 1. sl1Ïlli.ngs be l'aid. 
,0. If a great tot. be cut off, let x. shillings be paid. 
71. For each of the other toes, let one-half be paill, like as it is 
stated for the fingers. 
7
. If the nail of a. great toe be Cl1t off, xxx. 'scætts' fOl' . bôt,' 
for each of the others make 'hût' ,\ ith x. 'bcætts.' 
86. If one' esne't slay anotJlf'r unoffending, let him pay for him 
at bis full worth. 
8,. If an 'esne's' eye and foot he struck out or off, let him hI' 
paid for at his full worth. 
.. A' scætt ' was the fourth part of a penny. 
t Equivalent to lI1ercen8riu
. peo", a menial scrvant. 


h 



CXIV 


lX1'lWun:TlOX TO THE 


Between the Irish and the English law there i
 no differencc 
in principle. The clistinction is in the form of expre:-sion; 
the Irish being preserwrl in what may be fairly considered 
asa practising lawyer's notcbook,theEnglish in an authorizea 
aud systematised digest. If, however, an attempt be made 
to apply the English law to any supposed case, the difficulty 
of so doing will he found to be as great as is experienced in 
a similar casc uncleI' the Irish law. 
Under both laws payments of a triple character arc stated 
to be made in the casc of torts; (1), the l)ayment which 
was a
sessed in relation to the deea itself, the Ang. Hax. "bôt.," 
styled mo.'gbôt, bcing the compensation to kindred in the 
case of homicide, ana corresponding tü the galanaS of the 
'Yelsh law; such we must um1ersbtml the hody-price and 
compensation of the Brehon law: (2), the payment made 
with rf'ference to the mnk of thc party concerned, the wer- 
geld, lcod-geld, or leod of the Englif-h law, perhaps COlTes- 
ponding to the \Velsh gwyneb-werth and described in thc 
Brehon law as the honor-price or eric; and (3), the" wite" 
of the Ang1. Sax. law, a penalty paid to the king or chief for 
the hrcach of the custom or law. the 'Velsh canùwrw; to 
which it is suggested that the Irish dire-fine may correspond.- 
The expenses of the arhitration were provided for by the 
custom that the Brchon should recei'"e one-twelfth on the 
amount awardea.t In the sixteenth century the remunera- 
tion of the judge nnd the fines inflicted had bcen arhitmrily 
incrcasecl.t 
The rules extracted from the In w of 
Ethelbirht are in no 
wise peculiar to that code; similar passages might he ex- 
tracted in abundance from any :::)n),.on, Frisian, Gothic, or 
barharian laws; nor does the resemblance lie only in the 

eneral l)rinciples; a series of specific rules common to the 
English and Teutonic and Irish laws might be collected, 
illustrative of the identity of all the early forms of Aryan 
society. 


. It ie i:npossible to give any consistent or satisfactory explanation of the term 
'dire '-fine. In the case of what would now be civil actions, hereinafter analysed, 
it was payable to the injured party, ami not to be (listinguiehetl from the 'eric-fine. ' 
t Page 305. t State Papers, H. viii., Vol. III., part 2, page 510. 



. 


HoOK OF .\JCILL. 


c'{v 


To Alfred the Great bclollg
 the merit of having conceived 
law to be something more than mere custom, as being founded 
upon the principles of moral right and wrong,reyealed to man 
hy Goù. It is with this view that he commences his code 
with a translation of the Ten COllllnandments as the original 
source of all eriminalla w. As a corollary to this declaration of 
God's will, and in the spirit of the Levitical law. he announces 
that certain acts are crimes, anfl to be punished as such. 
Section Ui 
ays :-" Let the nHLll who slayeth another 
willingly perish hy death. Let llim who slayeth another of 
necessity, or unwillingly or unwilfully,:1s Gorlmay h,tve sent 
him into his hands, amI for whom he has not lain in wait, he 
"orthy of his life, amI of lawful' hòt,' if he scek an ru:;ylum. 
If, however, any onp presumptuously and wilfully slay his 
neighbour through guile, pluck thou him from mine altar, 
to the end that he may perish by death." 
This idea of law fouwled on moral right aUfI wmng wm; 
apparently introduced into Ireland, as before suggested, upon 
the first preaching of Christianity, and appcars in isolated 
passages in the Corus Bcscna-a work evidently composed 
under ecclesiastical influences-but it neyer acquired such 
a hold on the popular mind of the Irish as it dill else- 
where, sO far a<; to supersede the archaic ideas of the 
customary law. 
The compem;ation and honor-price, awarded in respect of 
any injury, were primarily payable by the wrong-doer, and 
received 1y the person injured; but there existed a solidal.ité 
between persons standing in eertain relations to each other, 
whereby parties, strangers to thë transaction, might be re- 
(luired to pay, or entitled to receive, a portion of the award. 
The first and most obvious of such relationships wa,> that 
of the family. If the wrong-doer himself failed to pay the 
amount awarded agaim;t him, the members of his tiunily 
were liable in a secondary degree, and were required to make 
good his default, the right being reserved to them to recover 
the amount due against the wrong-doer himself, as being 
the party primarily lia1le. If they desired to relieye them- 
sdn:i from such contingent responsibility, they were rc- 
It:!. 



CXVI 


I
TRODLCTlOX TO TH
 


quired to expel from their body the member for whose ill- 
deeds they refused to be any longer responsible, and by a 
fixed payment to insure themselves and their property 
against the consequences of his subselpwnt acts.. The mem- 
ller thus disowned by his kin, and expelled from his family, 
became, what waR styled, "an outlawed stranger." This 
process is described in thc following passage:- 
" 'Vhat is it that make3 a stranger of a native freeman and 
a na,tive freeman of a stranger? That is, an outlawed stranger; 
he is defined to be a person who frequently commits crimes, 
and his family cannot exonerate themselves from his crimes 
by suing him,fuJ" them, until they pay a price for exonerating 
themselves from his crimes, i.e., sevcn 'cumhals' to the chief, 
and Set'elL 'ctt?n!tols' fOl' his Reven years of penance are paid 
to the Clmrch,and his two' cumhals' for' caiwle' -relatior.s W'C 
paid to each of the four parties with which he had mutual 
'cainle'-relations; and when they (the family) shall have 
given in this way, they shall be exempt from his crimes, until 
one of them gives him the use of a knife, or a handful of 
grain; or until he unyokes his horses in the land of a kins- 
man out of family friendship.'. The acts Rpecified are, of 
course, only selccted overt acts, proving his re-admission 
into the family. 
The payments thuR made by the family formed the fUllfl 
for the compensation of the wrongs which lllight suh
e- 
(lucntly be conuuittetl by the expelled member. The seven 
cumhal., in the hands of the chief formed the primary fund 
for thc compensation of future wronf,rs committed, irre- 
Hpective of the status of the injured party. The seven cumhals 
paid to the Church remained solely liat/le to meet suhsequent 
damagE's claimed by the Church, upon the fiction that the 
amount paid to the Church represeuted pcnancc. The cum- 
hals paid to the parties with whom he had cairde-relation- 
"hips, remained to meet damages arising from injuries 
Hubsequcntly committed against sueh persons. 
It became the duty of the king to restrain the outlaw, if 
he were not taken into the employment or hire of any per- 


.. P.I
C :381. 



n00K OF .-\ICILL. 


eXYll 


son; if the king neglected to perform this tluty, he himself 
became liable to pay the compensation for subsequent wrongs 
committed. If the outlaw were received by any person 
upon his lands as 3 retainer or hired servant, the employer 
then became liable for his act", but W3.':; in such case entitled 
to hi" body-fine, the amount of which was reduced from the 
rate of the native freeman to that of a stranger. If the king 
did not fail in his duty, and the outlawed criminal were not 
on the land (and in the employment) (1) of any persoll, he 
might be slain \\ ith impunity. The person who received in 
his house such an outlaw, became liable for his acts: "If a 
particular person feeds him, he shall pay for his crime ac- 
cording to the nature of his feeding before or after commit- 
ting the crimes. Full tine iR to be paid for the feeding 
before committing crimes, and half fine for th
 fecding after 
committing crimes. ;(. ;(. · The full fine is paid on account of 
kindred, and the half fine is paid on account of feeding.". 
The meaning of this \Voultl a[Jpear to be that in the former 
case the criminal, at the date of the commission of the crime, 
was" domiciled" in the house of his entertainer, anù there 
existed between them the relatiunship of quasi kinship. 
The passage already cited illustrates the relation of surety- 
ship which existed between an cmployer and tho
e recciwcl 
into his household in a servile or meuial character. 
There is no means of ascertaining who are the parties that 
would have been considered as the family or kindred of any 
criminal or injured party. The analogy of the cases of the 
host or employed would lead to the supposition that the 
family oblif,'fition arose not from 
he blood relationship solely, 
but required the additional element of common residence. 
It is, howm-er, clear that under similar customary laws the 
liability of kinship existed without the additional circum- 
stance ofre;;idence in a common household. Thus, in the laws 
of Alfred, section :!.ï -" If a man kinless of paternal relatives, 
fight, and slay a man, and then ifhe have maternal relati \'es, let 
them pay a third (If the wër," &c. ; thus also the spear-penny 
(ceiniog baladr) of the Welsh law \Va" payable by every 
Page 38:;. 



CXVlll 


INTRODUCTION TO THE 


male relatin' within tll(' sl'venth (legrep of the homicide as 
his contribution towards the galan:ls or compensation, 
A similar liability affecting the kimlreù or the lortl of 
the wrong-aoer, and a mode of cscaping it, appeal' frequently 
in the English law: e.g.," And he who oft before has been 
convicted openly of theft, and shall go to the ordeal, and is 
there found guilty; that he be slain, nnless the kindred or 
the lord be willing to releabe him 1y his 'wcr,' awl by the 
full' ccap-gilò,'iF and also h1\,\'e him in ' burh,' that he thence- 
forth desist from eyery kind of evil. If after that he again 
steal, then let his kinsmen give him up to the reeve to whom 
it may appertain, in such custody as they before took him 
out of from the or(lcal, and let him be slain in retribution of 
the theft" (Æthelstan Judicia Civitatis, I"und. i., 4). AmI, 
again; ., respecting thuse lonllcss men of whom nu law can Le 
got, that the kindred be commanded that they domicile him tu 
folk-right, and find him a, lorn in the folk-mote; and if 
they then will not or cannot produce him at the term, then 
he he thenceforth a flyma, and let him slay him for a thief 
who can come at him; and whoevcr after that shall harbour 
him, let him pay fur him acconling to hi.,; , wër,' or by it clear 
himself" (Æthelstan, i., ::!'J. 
\Vhoever rpceived a stranger in his house beeame liablp 
for the acts of his guest. There is mueh difficulty in ascer- 
taining what werc thc rul
s of the Brehon law on this sub- 
ject. The commentary, in page 4U!), admits that there were 
uncertainty and conflict upon this point, both in the rules 
of the cain amI urrmlhus law, and in the opinions of the 
lawyers. It is impossiblc to t'xtract fi'om the commentary 
any distinct principles. It appears that the ubligation 
af1ected the sev('n houses in which he had been eonsccutin
)y 
entertaincLl, but how lUuch \\ as paid and in what propor- 
tions it is difficult to assert. This obligation arising fruIIl 
hospitality appears in all ancient codes :-" If a man enter- 
tain a stranger for three days at his own home, a chapman 
or any other who has come over the nuu'ch, anù thcn fect) 
him with his own food, aIll1 he then do harm to any mall, 


· TIIP m,lrkCll pric,' of tlw nrtidc oto1<'n. 



nOOK OJ.' .\lCIJ.L. 


CXIX 


let the man bring the other to ju<;tice, or do justice for him." 
(Hlothhære and Eadric,&ec.13) :-Again, it is enjoined, "That 
no one receive anv man longer than three nights, unless he &hall 
recommend him whom he before followed; and let no one llis- 
miss his man before hI' he clear of eycry snit to which he hall 
been previou'31y cited." (Cnut, sec., 
K) The section cited 
from the law of Cnnt, appears literally tramlatcd into Latin, 
a..<; section 4,8 of the laws of the Conquerur. It again appears 
in the laws of Henry the First, in an expanded form:- 
.. 
 emo ignotum, vel vagmltelll, ultra triduum, a IJsque secu- 
ritate detineat, "el alterius hominem, sine cOlllmentlante vel 
plef,rÏante, recipiat, vel r,;uum .1 se dimitta.t, sine })relati sui 
licenciâ et vicinorum testimonio, quietum eciam in omnibus, 
in quibus fuerit accusatus" (par. viii., sect. 5). It is to be 
observed that the lialJility under the Irish law went further 
than that created by any of the sections above cited, in 
extending the obligation to a series of successive hosts, and 
rendering them liable for crimes committed before or durin
 
the residence of the guest; on the other hand, it would 
appear that this obligation Uliller the Iri"h law llid not aril-oe 
unless the guest waS pither a vagabond, i,p., a pcrf;on guilty 
of the non-observanl'c of the eorns-nne law, or a I t'rl-oUll 
expelled by bis kindred frum his original t
lI11i)). 
The prineiple of compensation for \\Tongs inflicted aequire,} 
an extension under the Iri"h system, which it po
sef'.sl'd 
under no other la,w. The ingenuity of the lawyer caste 
cliseowred that any single act might im-oh-e wrongs to 
many llitièrent persons, according a,> the transaction wa" 
viewed from differcnt standpoints. Thus the criminal might 
he required to pay many di"tinct compensations to different 
persons, for the consequences of a single act affecting thelll 
sevel'ally in rlivers eapncitil'
. If tIll' paymeht of the com- 
pensation was tu free the guilty party ii'om all li1tbility, it 
necessarily followed that all the parties entitled to CU1l1t'eJl
.L- 
tioll should be male parties to the suit, and their respecti,-e 
claims a
certained and adjusted. 
These refinements of the archaic principle of compen<;ation 
arl. ,n.ll illn<;tr>!tf'fl in tIll' f';I
I' flf a tlll'ft fro1l1 a fl\\"elliJlg- 



èXX 


IXTRODCCTIOX 1'0 TIlE 


house. The question
 of compensation, which arose from 
such an occurrence, were complicated in the view of even 
the Brehon lawyers :-" The fine for 8tcaling f/'01n a house 
is a difficult fine." To realize the rules laid down upon the 
subject, we must imagine the house of a sam"-stock tenant or 
other memher of the tribe, a large building with various nooks 
and recesses, which were allotted to its inmates for their sleep- 
ing apartments (" the beds"), and suppose a thief to enter the 
house amI steal an article from some one of these compart- 
ments. The person primarily injurcd was the owncr of thc 
article stolen; but in a secondary degree the owner of the 
house had a right to complain of thf' violation of his pre- 
cinct, and as the owner of the house complained of the 
illegal entry into his house,. so the owner of the "bed" 
complained of the intrusion upon the compartment belonging 
to himself exclusively. If tlw owner of the bed had lent it 
temporarily to a third party, he also complained of the 
violation of his privacy. It might be expected that the list 
of injured persons would stup here, but it was further dis- 
cO\"crell that the violation of the house was an insult to :my 
chief who was accustomed tu require hospitality at the hands 
of the owner of the house. Here some limit had to be fixed 
and compcnsation conlc1 be requireò by no more than seven 
.. noblest of chief." of companies, who came on a visit to the 
house." On the occru:;ion of such a theft, eleven honor-prices 
are considered, viz., honor-price to the owner of the house, 
aud honor-price to the owner of the · sed' (the article 
stolen), a11l1 honor-price to the owner of the Led, and honor- 
price to the person to whom the lIed was given, and honor- 
price to each of the seven noblest chiefs of companies who 
came on a visit to the house; and the one-amI-twentieth 
part of each hunor-price of them is due to the owner of the 
house, except that of the owner of the · seò,' and that of the 
owner of the bed; that i<;, the owner of the article stolen aIllI 
of the compartment from which it was stolen, were exempt 
from contribution to the owner of the house, as they stood 
in the same positioJl as he, if they llid not possess a right 


. 1'.1g't. -i.it'. 



nOOK OF AICILL. 


(,XXI 


a,-> against him to protection whilst within his dwelling. 
It appears that if the article stolen was the property of 
the owner of the house, he lost his claim to contribution 
from the other parties respectively entitled to damages. 
This seems incunsistent with the statement, that those who 
l1<td to contribute towards the indemnity of the owner of 
the house out of their respective honor-prices, were require,l 
to do so because" it is in right of the owner of the 11ûuse that 

tIlything is clll.c to them.". 
If the number of chief.<; '\\ ho frequented the house, and 
under whose protection the dweJIingmay have been supposed 
to be, exceeded the number of <;even, the honor-prices of 
the seven noblest of them were divided among them" equally 
or unequally." This may mean that if they were of equal 
rank they took equal shares, but if of unequal rank they 
took in the ratio of the honor-prices of their respective ranks. 
The honor-price which any such chief received, he did 
not retain if he had company with him when he visited the 
house, in which case he paid O\-er to his company oue-halt 
of what he received. 
In this commentary, as in most others, there is much 
anÜ,iguity and obscurity, and the interpretation must vary 
accurding a,> it is taken to statu a general custom or tu 
report a special case. If the latter view of the pMsage be 
correct, the chiefs in question must be supposed to be par- 
taking of the hospitality of the owner of the house at the 
date of the theft. It would further appear that the occupant 
of the bed must have borne some exceptiunal relation to the 
uwner of the house, such as" a .son-in-law, or a suldier, or a 
particular per:"ul1," to entitle him to any claim as against the 
wrong doer. 
It is difficult to estimate the operation of a system of 
compensations for wrongful acts in restraining crime and 
maintaining order. That such a system was in the earlier 
stages of society efficient for such a purpose is evident, from 
the fact that similar customs were established in aJI the 
tribal societies of the Aryan stock. They were universally 
adopted, because they were universally found to be advan- 
tageons, Imperfect as snch institutions are, they were an 


. I
ß
t' 4i:t. 



CXXll 


IX1'RODCCTIO
 TO THF 


improvement upon the antecedent condition of fhmily 
autonomy, or pri\"ate war. The success of sueh a s;p.tem 
depended upon a general equality of all the members of the 
tribe in power and wealth, and the blind submission to 
custom, whieh exists in an early stage of society. If there 
arise an inequality of wealth and power, and the old customs 
and traditions of the trilJe lose their hold upon the puhlic 
mind before a sovereign ruler succeed in establishing 
himself, the system of comppnsation for wrong doing becomes 
essentially mischievous, as antagonistic to all ideas of moral 
respunsibility. Among the Teutonic nations kingship arose 
as a necessary consequence of their invasion of the Empire; 
and some central government being established, the system 
of compensation was transforIl1ed into a system of mulcts or 
pecuniary punishments. If traditional customs cease to be 
blindly and implicitly obeyed, and there is no central 
authority, anarchy must ensue in the absence of a positive 
law enforced by an executi'"e. The wrong-doer, if powerful, 
,lcspised the private vengemlCe which was the only sanction 
of the Brehon's judgments; the injure,1 party, if powerful, 
preferred revenge to compensation; the wealthy, even if 
ollL'ying the custom, enjoyed a practical immunity from 
punishment. It cannot he doubted that to a periiistent ad- 
herence to the idea of compensation ntoning for injury, and 
to a want of perception of the criminality of any act, much 
of the disorder and lawlessness apparently inherent in tlw 
J l'ish Celtic tribes must be attributed. A personal sense of 
sin i:s entirely difièrent ti'om a consciousness of crime or 
illegality. Though it be very material to himself, it is in- 
difierent to society whether a crimin:tl do or do not repent of 
his ill deeds. The wealthy or high-handed wrong-doer might 
in his latter days retire into a mona
tery amI do penance fi.n' 
his sins, hut he never imagined that he ,"iolnted any duty 
towards society as long as he paid the damages nwarded, or 
IlefÌed private vengeance. The consequences of the crystalli- 
zation of archaic CU1>toms in a writtc)J code administered by 
an hereditary Jaw caste appear in the constant acts of violenci' 
,vhich occupy so much of thp Annals of the Four I\Tastp1's. 
It is JlIIW llPI'eSl':lI'Y to l.lIw;i,II'l" the Bl"l'hoH law as ill'l'li",l 



BOOK OF AICILL. 


CXXlll 


to cases which in a mOl'c ndntnc
a sy<;tem of jurispru,lence 
would be considered as pri\'atc wrongs, and which therefore 
f:\ll within the jurisdiction of the civil as distinguished from 
the criminal trihunab. 
The principle
 upon which the Brehon law, as well as all 
archaic systems of jurisprwlence, proceeded in ca!'es of acts 
of manifest violence cummitted by one member of a conl1llU- 
nity against another, arc reasonable and obvious. It was 
llesired that certa,in fixed damages shouM ill such cases be 
received by the injured party or his kinsmen in lieu of the 
revenge which tlwy might otherwise have e
acted. In such 
ca<;es, as ha,> been before observed, the amount of the snm to 
be paid is estimated with reference to the calJacity of the 
injured party to exact retrihution, and the extent to which 
in each case he wouhl have been under ordinary circum- 
stances likely to have exercised this power. The actual 
damage occasioned by the act in question r:u.ely forms au 
element in the ascertainment of the (lamages. In an action 
under Lord Campbell's Act, by tIll' rcpresentatives of a (11'- 
ceased person who hall lost his life thrungh the negligence. 
of the defendant-a proceeding which bears an apparent 
resemhlance to au arbitration under the Brehon law in the 
case uf a hum icicle-the lo
s of income entailed upon the 
f,unily of the deceased is the nwaSUl'e of the damages reco- 
vered. Such an idea was fureign tu archaic jurisprudencE', 
in which the circumstances atteDiling the act, anù the rank 
or the rpspective parties, are the ba<;is on which the amonnt 
uf tl1C payment was calculated. 
This radicaillefect in the caIr-ulation of the amount to be 
paiù is explical,h', if it be borne in mind that the ol(ject d 
the proceeding was rather the pre-;ervation of the peace of 
the community than the replacing of the plaintiffs to thc 
snit in the position which they had previously uccupied- 
atonement, using the wurd in its literal sense, rather Ulan 
('ompensatioll, was the result to be attained. In an enrly 
tt.ibal C)l" village community, in whieh pruperty was held 
rather by families than individuals, and thc means of sup- 
porting lift' :HO<;t' (.hi('t1
- fr01ll tlw f'nltivaticlll nfth.. 1:111(1. tlw 



èXXI, 


IXTRODGCT[()\" TO THE 


pecuniary injury arising from the der.th of [Ill imlividual 
would not be so perceptible as in an advanced society, where 
fitmilies depend it)!" subsistence upon the daily earnin);,rs of 
their head. If the decisions of the Brehons had been con- 
fined to disputes arising from acts of violence, the insuf- 
ficiency of the principles, upon which damages were assessed 
by them, would have been immaterial; but it became of 
importance when the cases brought before them for decision 
were of a civil rather than a criminal nature. 
\Yhen the Brehon had been established as the professional 
arbitrator between members of the community, there was 
established a tribunal before which all disputes between 
membcrs of the community could be easily determincd, and 
it is evident that there arose a considerable amount of liti- 
gation e:"sentially different from the disputes which it was 
the primary object of the jurisdiction ofthe Brehon to allay. 
It is manifest that actions arising from involuntary or 
accidental injuries, or from violations of a legal regulation not 
accompanied by violence, must be treated in an altogether 
different mode from that applicable to acts at once wilful aud 
violent. The former class could be satisfactorily arranged by 
eompemmtion in the strictest sense, the latter are not really 
capable of such tl'cntmcnt. 
The later date of the civil, as compared with the criminal 
procedure under the Brelwn law, is marked by the fact that 
the principles applicable to cases of violence, in the point of 
\.icw in which they were regitnled in the archaic law, were 
applied to cases which in modern procedure would be consi- 
dererl as the sulóects of civil actions, not of criminal pro- 
ceedings. 
It is not intendcd to be here asserted that the principle of 
compensation in such cases was unknown to the Brehon law; 
it is impossible that a doctrine so obvious could have been 
overlooked by professional arbitrators, and in many cases it 
forIllS one of the grounds upon which damages were assesseò. 
It was, however, never adopted as the sole meaSure of da- 
mages, the estimation of which in all cases was rather a 
lplestion oflaw than of fact, thc nature of the injury itself and 



BOOK 01" AICILL. 


('xxv 


the rank and position of the pa,rties heing of more weight in 
the c1ecision than the loss actually entailed. In taking ac- 
counts between the parties to a suit, numerous items would 
be introduced wholly foreign to the inquiry if conducted 
under any system of modern law j a ya-"t number of technic."l 1 
rules and ariUunetica] processes would he introduced into 
every decision, the result of which must have been in some 
cases to exaggemte, in others to diminish, the damages above 
or below the amount sufficient to indemnify the injured party. 
The substitution of technical rules for the obvious con- 
sideration of the facts of the case is a radical defect running 
through the Brehon L'tw, so far as it deals with what nowwou]d 
be considered civil actions. Thi", false principle become!', more 
olwious in proportion as the action to which it is applied 
rc>>emhles what would now be comlidered as an action upon 
a contract. It being admitted that an homicide shoulò be 
arranged upon the principle!" adopte(l in the Irish and other 
archaic sy"tems of law, it is not um.eas,!nable that a violent 

LS!',ault or wounding should be dealt with in the same 
manner j but when the damages in a simple case of negligence, 
or in an action on the case, or in the case of a liability arising 
from suretyship, arc assessed upon the same principles, the 
anomaly is ohvious. This peculiarity and òefect in the Brehon 
law can be best illustrated by reference to instances which 
are );elected ti.om the text of the present Tract. 
The first case to be considered is that of in ) . uries arisin" 
. .., 
from the negligent exercise of a legal right, which in our h\w 
would assume the form of an actioil of tort-the wrong in the 
case being the negligence and disregard of the interest of 
others. Of this class of actions there are numerous instances 
in the pre-"ent Tract, anò they are all dealt ,\ ith upon the 
same priuciples. These cases fall umler the head of what 
are called" e),.emptions "-that is, the consideration of the 
attendant circumstances which tend to diminish the amount 
of damages to be paià in the ca
e in question. 
The principle upon which these discussions turn is, that 
certain acts between certain parties are to be compensated 
by fixed payments, but that certain circumstances enable 



CXÀ VI 


IXTHOUt:'CTIOX ro TIlt" 


the defendants to reduce the amounts according to certain 
rates, or to get cros
 credits on the acrount to he settled by 
the Brehol1. 
In page 17:5 we find a discussion as to injuries which arise 
from acts done by servant" in the course of their ordinary 
auties. The work on which the servant is suppo!;,ed to be 
employed is clem-ing faggots and bringing them home. The 
lcgal propositions contained in the commentary lllay be 
summarized as follows :- 
(I). A scrvant performing the work, which he is bound 
to pClform, in the ordinary and proper manner, is not liahlc 
fur illjurie
 hy accidents illcitleut to thc work Ül which he is 
f'ngaged. 
This proposition is, of course, suhjcct to the assumption 
that the work which he wac; hired to perform, is in itselflegal. 
Hence it appears from lea(ling cases cited in the commentary 
that- 
(n). If the faggot which a servant carries home was so 
improperly made up that an accident arose therefrom, the 
servant who carries it is not responsible if he has no notice 
of the improper mode in which the faggot had been made up. 
(b). If a servant use a hatrhet without notice that it is 
insufficiently fastened, he is not responsible for any accident 
which arises from the head flying off from the haft; but this 
applies only to the first occasion on which such an accident 
happens. 
(II). A distinction is drawn hetween persone; who are 
hound, or havc a right to lIe, present, and tho
e who arc 
present without reasonlthle OI" necessary cause, hence- 
(a). If an injury happen during the llmking-up of a 
facrcrot those who have no dut y whid} rClluires them to l,e 
00 ' ï 
present can claim no compensation; but those whose duty 
requires their presence, amI the owners of cattle, whose 
beasts al'e nigh the !:ipot, can claim compensation if injury 
be done to the former, or to the cattle of the llttter. 
(b). If a faggot be cast down in the ordinary 
md ll!:iual 
place, and in so doing injury hc done to any or the cattlc of 
any, those who have no duty requiring their presence can 



BOOn. OF .\ICILL. 


CXXVll 


claim no compem;atioll; but those whosc duty requires their 
presence, and those whose mttle arc injured, mn claim com- 
pcnsatiun, the amount of damage
 is however rcduced from 
half dire-tine to one-third of compensation. 
(II
. There if, next a wstinction drawn between the acts of 
a person who exercises a legal right in the ordinary and cus- 
tomary manner, and thosc of one who cxercises a legal right 
in an cxtraordinary nl1mner, hencc- 
(It). If a faggot be mst down in an unusual placc and an 
injury thence occur, those pre
f>nt, although no duty requires 
their presence, are entitled to half compensation; those 
'" hose duty re'luires thcir presence, to full compensation; 
and the (lwners of cattlc which arc injured, to half dire-tine 
and compensation if the cattle could havc he en seen, and 
to cUlllpens1ttion alonc if they eonld not have been seen. 
(b). If the injury has occurred during the cutting, or 
gathering, or tying of the sticks, or their adjustmcnt upon 
the back of the servant, thof,c whom no duty requires to Le 
present receive no compensation; in all other cases the 
amount payable is reduced from half dire-fine to one-third 
of compensation. 
(c). If an injury result frum the slipping of the tying of 
the bundle, the same principle
 are applicable as in the case 
of the head of the hatchet flying oft the haft; if the bundh 
be tied again in the usual manner, each C3.,>e of its breaking 
loose is treated as a first hreakage. These rules as to the 
breaking of the bundle are to be restricted to cascs in which 
the accident occurs in the course of its regular transit. 
(el). If the bllildle be placed upon a wall or uncven fence 
(places where it was eJ\.posed to accidents), thc transaction, 
though legal, invulves a liability for the consequences uf 
the negligence. 
(e). If the accident happen from insufficient tying, the 
servant without notiec is in thc same position 3.'5 if he laid 
down the bundle in the usual place; if he have notice, he is 
in the same position as if he laid it down in an unusual place. 
(IV). The amount of the damage5 is affected by the exist- 
ence or absence of negligence on the part of the defendant, 



CXXVlll 


IXTRODl.CTlON TO rIlE 


and by the contributory negligence of the injured party; 
thus- 
(n). If the bearer saw the injured person, who did not see 
him and was not aware of the place where the faggots were 
usually deposited, the bearer pays an eric-fine to the injure!l 
person, because he saw him, and the injured person pays an 
eric-fine to the bearer for not having seen him. 
(b). If the injured person saw the bearer, and knew the 
place in which the faggots were usually deposited, and thf' 
hearer did not see the injurcd party, "eric-fine for seeing" 
is due from the injured pprson to the bearer. and" eric-fine 
for not seeing" is due from the hearer to the injured pcr- 
son. 
(V). The amount of the llamages payable by the plaintiff 
is affected by his status in the inverse ratio of his rank; 
thus- 
(a). The full amount of compensation is payahle by a 
native freem:tn; four-sevenths by the servant of a stranger; 
two-sevenths and (me-fourteenth by the servant of a 
foreigner; and one-seventh by the servant uf a 'daer'-person. 
(b). For injmy to a cow the full amount is payable by a 
native freeman; three-fifths by the servant of a stranger: 
two-fifths by the serYant of a foreigner; one-fifth by the 
:-;ervant of a ' daer '-person. 
(c). For injmy to a horse the full Hlllount is payable ùya 
native freeman; three-fourths by the servant of a stranger; 
five-ninths by the :-;ervant of a forei!:,r:ller; half by the sen-ant 
of a ' llaer '-person. 
In the commentary here analysell there arc contained all 
the questions whieh in the pre:-;ent day should be taken into 
account for the purpose of increa:-;ing or mitigating the 
dama('cs in an accident arisin
 ii.om the use of a machine; 
" ' 
 
viz.-(l), the knowledge or ignorance of the defendant as to 
the defect frum which the accident arose; (2), whether the 
act of the (lefendant was or was not in the ordinmy course 
of his business; and (3), the cuntributmy negligence of the 
plaintiff. 
But it is to be remarked that the amount of damages, to 



BO(JK OF .\lULL. 


c:cüx 


be dimiuishcli or increa:oeù with reference t\l the abO\-c con- 
siderations, is not primarily to be measured by the actual 
injury and loss suffered by the plaintiff. Â fixed compen!.a.- 
tion having reference to the dabs in which the injury falls 
and to the rank of the person injured is assumed; and thu
 
the actual amount is reduced ur diminished, and moreo'\"'cr 
the result so arrived at is again subject to deduction with 
reference to the social position of the per:-on by whom the 
injury was inflicted. 
These cases have been selected as leading ca.
es, \\ith refer- 
ence to actions of tort foun(led upon negligence, inasmuch aq 
the subsequent caseS disclissed are evidently introduced 
merely for the purpuse of illustrating the principles laid down 
in what was considered the leading case upon the subject. 
The position and character of the Brehon, viz., that he 
was employed by the parties to the suit to perform a 
l'ecifi{' 
!'en-ice, is illustrated by the fact that he waS himself subject 
to damages for a "false judgment," and by the principles 
upon which, in snch a case, the amount would be assessed. 
The amuunt of the damages would depend upon the fullû\\- 
ing issues-(l), whether the' false' judgment was pro- 
nounced through 'malice' or ' inadvertence'; (2), whether 
or not the Brehon still adhered to his 'false' judgmer..t; 
and, if so, (3), whether he did f.O through malice or inad- 
vertence. The highe"t amount of damages was payable in 
the case of a 'false' judgment maliciously given and ma- 
liciuusly adhered to; the most mitigated case, viz., a' fabe' 
judgment inadvertently gl\'en and not adhered to, which was 
equivalent merely to a failure of the consideration, entailed 
only the forfeiture of" his twelfth" i.e. his remuneration. if 
The calculation of the damages payable to a person injured 
by a trap set for a deer, or by the òeer while being driven 
toward the trap. appears from the references made to it tn 
have been conf.idered a leading case by the Brehon lawyers. t 
The varying elements by which in such a case the amount 
of damages was determined were as follow :-(1). Whether 
the pf'l"Son who set the trap had or had not a legal right tCl 


. I'R';' 30:1. 


t I'R". H:'. 


i 



cxxx 


TXTRODUCTIO
 TO THY. 


0.0 so; (2), whether the trap wa
 l'rol'l'rly fell cell in, and due 
notice given of its I-'xistpllcc; (:3), the nature of the place 
in which the trap was placed; (4), "hether the injury wag 
dune to a person or to cattle, and, if to the latter, of what 
species; (5), whether the injured person had (i.e., ought to 
have had) knowledge of the place where the trap was set; 
and (ü), whether the injured person was guilty of contributory 
negligencc ùy unnecessarily de, ia.ting from the high road. 
If the trap were fenced in, and due notice given, a person 
who knew the territory was entitled to IlO compensation; in 
the same case, a person who did not know the territory was 
not himself entitled to compensation, bnt in case of his 
death his kinsmen were entitled to one-tllird 'dire' fine. 
H the spear were set" between a green and a wild place," 
for an injury to a person, then. was payable nIle-fourth dire- 
fine with compensation; for injury to a cow, one-third of dire 
fine with compensation; for injury to a horse two-thirds of 
dire-fine with compensation; but if the spear had been set 
in a moun lain or wild place, the respective proportions of 
dire-fine pa
'ahle in the several cases were reduced to one- 
fourth of ollc-timrth, one-third of one-third, and two-thirds 
of two-thirds, with compensation in each case. 
If tbe hunter were" unlawful ", i.e., if the bunting was an 
illegal act, the amount of dire-fine ill each case was fixed in a 
greater ratio. 
The number of cases in which the pos.."ible damages could 
be calculated in accordance with the above heads of injury, 
is necessarily very large, and the principles are not clearly 
brougbt out in the commentary; a complete analysis there- 
fore of this pa.'Isage is impossible, hut tbe passage deserves 
consideration as a specimen of the manner in which such 
questions were worked out. 
"The full fine which is clue from them in a green is found 
in law books; but the full fine wbich is due from them all 
between a green and a wild place, or in a mountain, or in 
a wild place is not found, but is inferred from the pitfall of 
the unlawful hunter. 
II Whence is it derived that three-quarters of ' dire '-fine are 



ROOK OF AICII.L. 


ex XXI 


duc from the o'Wncl' of tlu' set spear 'wile/I. between a green 
aud a wild place for iv.jw'!J to a person? It is derived 
from the rul( 't'e8pcctiufJ the pitfall of an unlawful hunter in a 
green; for it is three 'cumhals' of'dire'-fine, and one 'cumhal' 
of compensation that are duc from the owner of it in a 
green for inj U't'Y to a person, the fourth of that is the' cumhal' 
which is due from it when between a green and a wild place 
for inju't.y to a person; it is right from this that as it is full 
'dire '-fine that is due from the O'/.["1te}' of the set spear in a 
green for injm'y to a person, it i" the fourth of 'dire'-finE' 
that should be clue from it between a green and a wild placE' 
for 'inj'ur'lJ to a person. 
"Whence is it derived that the third of . dire '-fine is due 
from the ownel' of the set spear 'when between a green and a 
wild place for inj'l.t't'Y to a cow? It is derived from the rvlc 
Tl'specting the unla'wful pitf.'tll within the green; for it is 
two cows of' dire '-fine and one cow of compensation that are 
d,'c on account of it 'l.diClt within the green. The third uf 
that is the cow of compensatiun t.hat is due on account of it 
'l{',',en between a green and a wild place for inju't'Y to a cow; 
it is right, therefore, that a,> full fine is due from tlu' owne't' 
of the set spear in 
t green for iUj1.li'Y to a cow, it is a third of 
it that should be due from thc 01.t'JLC1' nf it (the sct 
l)e(O') 1.('he'tl 
between a green and a wild place for i ujlUY t(l a cow." &c.. 
The same rigid and authoritative mode of assuming the 
damages, irrespective of the actual injury sustained, appears 
in the commentary upon the casf> of injuries received from the 
stings of 1)ees which were the property of an individual. 
In this case the amount of the fines is laid down as 
follows :-(a) for a person stung to death, two hives; 
(b) for a person blinded, one hive; (c) for the draw- 
ing of blood, a full meal of honey; (d) for an injm-y 
leaving a lump, one-fiftll of a full meal; and (e) for a 
white blow, three-fourths of a meaU In this commentary, 
f'vidently contributed by various hands, other schedules of the 
amount of damages are contained, but the general principle!' 

,re the same. If the person stung killed the nee which stun
 


. rAge 455, 


t PabP 433 


i '2 



.. 
eXXXll 


IXTIWI)CCTlOX TO THE 


him, the value uf th0 bee was treated as a set off pm t(olin 
against the damages payable for the injury caused by the 
sting. " If the person has killed the bee while blinding him. 
or inflicting 
t wound on him until it reaches bleeding, a pro- 
portion of the full meal of honc!! c'/lLal to the' eric'-fÌne for 
the wuund shall be remitted in the case; the remainder is 
to be paid by the üwner of the bee to the person il1j U j'eel," &c.'" 
The amount payable for the ditferent classes ofinjuries to per- 
sons being thus fixed, the compensation in respect of RimiJar 
injuries to beasts, has to be ascertained. This is accomplished 
in the following passage :-" What shall be due from tlw 
owners of the bees for the animals 'illjuj'ed, and frum thf' 
owners of the animals for the bces? If the bee has blindpcl 
or killed the animal, what shall be thc JÌILe for it 1 The 
proportion which the liÍve that is due from the fI'lvners of 
the bees bears to the fine for theil' blinding the person, or 
which the two hives that are due for their killing him bear 
to the natural lJody-fine of the person, is the proportion 
whieh the full natural 'dire'-tine of the animal shall bear to 
that fine which shall be dUE frum the bee for blinding- 0r 
killing it."t ,,"That shall he duc from a bee for making thf> 
animal bleed? The propurtion which the full meal of honey 
that is due from a bee for making (( person blee(l bears to 
the hiye that is due from it for killing him, is the propor- 
tion which the 'eric'-tine fur blinding or killing the animal 
bears to that which ",
'ill be <lite frum a bee for ma'king it 
bleed, i.e., fuur-nfths is the prl1portion for its lump-wound, 
three-fifths for its white wound," &c. 
 
The amount payable by the owner of the bee yaried 
further with the social status of the parties. Taking the fine 
paid by a natiw freeman as the measure of t.he amount, a 
stranger paid one-half; a foreigner olle-fol1rth ; a'daer'-per",on 
paid nothing, " until it reaches sick-maintcnance or conl}wn- 
sation, Of., accord i)l!J to others, even w hen it docs." 
 
The mode in which the Brehun took the account appears 
very clearly in snch a case. If the bee of A injured the co\\" 
of B, he would have proceeded thus: he first ascertained 


. I'aj:'e 43;;, 



 I'a;:o 43;;. 


. rage 4::;;-. 



 PIIJ:'8 43
. 



BOOK uF .\Il'ILT.. 


1''( \: Xlll 


under what category the injury in question f.,ll. anù uhtainecl 
the fixed value of such an injury in the case of a human 
being. This amount was then diminislwù in the ratio that 
the natural body-fine of B, the owner of the cow, hore to 
the full dire-fine for killing a cow. The result thus obtained 
would, if A, the owner of the hee, were not a native freeman, 
l)e climinishecl in a fixed ratio accorcling to his rank; thus 
wouM be ascertained the amount to be placed primarily to 
the debit of A. This would be again diminished if the bee 
uf A had been kiHecl by the cow of B in accordance with 
eertain fixed rules, which roughly arri,-ed at regulating the 
penalty for killing the hee in the im-erse ratio of the degree 
"f injury which it had inflicted. 
The most remarkable application of the law of compensa- 
ti.)ll to a case of contract is the series of rules regulating the 
relations between creditors, dehtors, and sureties,. the object 
of which seems to han' been not merely to enforce the pay- 
ment of debts, but also to re"train the institution of unjust 
actions. Fairly to estimate the policy of these regulations, 
the ÍlTitating and apparently yiolent procedure necessary 
tn enforce a reference to the Brehon must not be forgotten. 
They may be stated as follows :- 
_\. (1.) If a creùitor meLla fide bring a suit against a debtor 
before the debt be payable, he forfeit,> the debts and 
pays the ùebtor five 'seds' and honor-price; 
(2,) Jfhe do so bond fide he forfeits the debt and pays 
five 'sed" ;' 
(3.) If he fast against the debtor, certainly believing the 
money to he payablc,.he pa.r
 five 'seds' to the 
debtor. 
B. (1.) If a creditor ?nrtla fide proceed against a surety 
before the debt is payable or the debtor hall ab- 
sconded, he pays fiye 'seds' and honor-price, and 
loses all right of action against the surety; 
(2.) If he fast against the surety 1Jvnâfide, being certain 
he had the right to do so, he pays five' sech' anù 
10se8 his 1 ight of action. 


II< r:l
f-' 
)'3. 



l'X.X:\.I\ I'\THOIll'("lïo:-i "'0 '('Hi-" 


c. (1.) If the surety 'lnctla Jide proceed against the debtor 
before he himself ha."! been called upon by the 
creditor to pay the debt, he pays five 'seds' and 
honor-price, and if compelled by the creditor to 
pay the debt, 10l;es his right of action against the 
debtor; 
(2.) If he do so bona fide, he pays five 'seds,' and if com- 
pelled to pay the debt, loses his right of action 
against the debtor; 
(3.) If he fast against the debtor, being certain he had a 
right to do so, he pays five' seds' to the debtor, 
but the debtor still remains liable to pay the debt 
to the original creditor. To this rule, in the Com- 
mental}', the remark, evidently a note by a subse- 
quent commentator, referring to a decided case, i
 
annexed, viz. :-"He (the debtm') oftered to s'ub'/'rtit 
to law in eaeh case of these (that is, in ca."!es A '
, 
B 2, and C 3); for if he had not so offered, the 
man within in this case (the debtD?' against Wh071L 
there was fastillg) would be lilæ 'the person whu 
refuses its lawful right to fasting.' " 
D. (1.) If the creditor properly proceeds against the debtor, 
who thereupon absconds, in such caße the surety. 
who 1]l,ala fide refuses to pay the debt, is liable to 
pay five' seds' honor-price, and double the deIA; 
but 
(2.) If he bona fide refuse to do so, he pays five 'seds' 
and double the debt unly; 
(3.) If he refuse, being certain that he Wa."! not bound 
to pay the debt, he pays five' séds' and double tllf' 
Jebt. 
E. (1.) If the surety properly sue the debtor, who maid 
tide absconds, the latter pays the surety five 'sed.,,' 
anù honor-price. 
(2.) If the absconding debtor believe bonâ. fide that the 
ùebt is not payable, he pays five' seds' to the surety. 
(3.) If the absconding debtor be certain that the deM i
 
1I0t payabll'. he pays the surety five 'seds.' 


..... 



HOOK IH' AI(,[1.J.. 



x \. 
\' 


F. (1.) If a plaintiff, ùeing certain that nothing is due, pro- 
ceed against a defendant to recover an alleged 
debt, he pays five 'seds' and honor-price, and a fine 
according to the length to which tht> a<'tion had 
proceeded. 
(2.) If the plaintiff procped bowL Jidt', he }Jays tive . ::>eds.' 
and a fine, a
 in the la.'it rulc . 
(3.) If he proceed, hcing ('('rtain till" .It'bt was due. he pays 
fiye 'seds.. 
G. (1.) If the plaintiff proceed against an alleged surety, 
knowing that he lUll 1 not gont' security for the 
debtor, he pays five 'seds' a11l1 honor-price, and a 
fine as above; 
(2.) If he proc,'ed boná fide, he pays five 'seds' and a fine 
as above . 
(3.) If he proceed, being certain that the defendant is ill 
fact a security for his debtor, he pays five' seds.' 
H (1.) If a person, untruly alleging that he has made a pay- 
ment as surety for a third party, bring an action 
against such thinl party, he pays five 'seds' and 
honor-price, but no fine. 
,2.) If he bring the action lJOiHt .fide, or being certain 
that the defcJlrlant is primarily liabk, 111' pays but 
ti ve . seds.' 
In this case it is evident that a proceeding purely civil is 
complicated by the introduction of the idea of a tort having 
been committ('(1 in a manner wholly foreign to our modern 
ideas. 
The confusion t'xi
ting in archaic la,w hetween crimes and 
torts or delicts haJ'; been often llotiC'cd, but it has not been 
generally observed that in snch a casc as that la<;t rcferrcrl to, 
there is a similar confu<:ion between crimes and torts on the 
one hand, and rights arising e COlltl"lCfll on the other. This 
confusion of crime, tort, and contract, does not arise from any 
illugical distribution of lc;al rights, for there iq no attempt 
at any classification of this description, but from looking 
upon actions at law exclusively with reference to the juris- 
diction of the jl1d
e anrl to the procedure. 
TherE' W:l'i an CLItia I ab:iC1H',' "f"r;
rillal.illris(lietinn in pro- 


, 



(,XXXVI 


I XTRODl'CTIO.s' TQ Tit!!: 


ceeding" upon a tort, 01. in proceedings to enfurce a contract, 
An actual wrong, and the breach of an agreement, would 
alike be followed up hy acts of hostility 011 the part of the 
injured pcrson directed against the wrong-doer. In both cases 
nlike the interferpnccofthe Brehon would represent the action 
of traditional public opinion restraining the justifiable retalia- 
tion of the sufferer, upon the terms ofthe payment to him of 
a fixed compensat.ion; in both cases the action was com- 
menced by a distress-a symbolical and regulated act of 
hostility-upon the commission of which, custom compelled 
the litigants (or private enemies) to snhwit their quarrel to 
arbitration. 
In a proceeding which we should now consider acivil action, 
the distress and subsequent arbitration of the Brehon repre- 
"pnt the same ideas as those upon which were founded the 
procedure in the Roman process known as the" Actio Legis 
:-;acramenti." In this latter case the subject-matter in dispute 
was supposed to be in court; if movable, it was actually 
";0; if immovable, it was R

mbolicany represented. " In 
the example selecte<l hy Gaius the suit is for a slave. The 
procpeding lx'gins hy the plaintiff advancing with a rod, 
which, as Gaius expressly tells us, symbolizes a spear. He 
lays hold of the sll\YP and aSSf'rts a right to him in these 
words: . Hunc ego hominem ex jure Quiritimll meum esse 
dico secundum suaro caUf<ltm Ri(,\1t 41i"i;' allli then flaying: 
. Ecee tibi vindictam imposui: touches him with the spear. 
The defellliant goes through the samð series of arts and ges- 
tmes. On this the Prætor intervenes and bids the litigant:'! 
relax their hold: '
littite ambo hominpm.' They obey, and 
the plaintiff demands from the defendant the reason of his 
interference, ' Postulo nunc ut diras quâ ex caus!ì. vindica- 
veris 1'-11, question which is replied to by a fl.esh assertion of 
right: · Jus peregi sicut vindictam im posui.' On this the 
first claimant offers to tltake a sum of money, called a sacra- 
mentum, on the justice of his cause: . Quando tu injuria 
provocasti D. æris sacramento te provoco'; and the defendant, 
in the phrase' Similiter ego te: accepts the wager.". 
The minute prncepòing which took place before the judge 


to '.I.il1e. AllcÏpnt taw. :lj;J. 



HuOK OF AII'II.L. 


CXXX\l1 


"à:i Iltlcessary t,) raise the juri:;dietion, exactly as entry and 
ou..ter in the original form of an ejectment in the English 
law, It i!i impossible to misconceive the drift and meaning 
of the transaction, Th(' litigant parties confront each other, 
slwar in hand, across the suhject of dispute. The public 
"pinion of the community. emhodied in thl' judge, requires 
thcm to lay clown their weapons and suhmit to arhitration. 
The demand having heen acquiesced ill, the f('igned wager is 
introduced as a fund for the rf'\Iluneration of the arbitrator. 
and the question of right i8 Il'.l"ided by a jurisdiction evi- 
",'ntIy consensual. IT nder the. Hrehon system the aggrieved 
party, by distraining tbe go<.,d.. \If the wrong-doer, le,'ies 
an act of war, in a manner as bymbolieal R.<.J the stroke of 
the spear in the Roman procedure. Publil" opinion sustains 
the act of the plaintiff, and r(,Rtmins th., defendant from 
retaliation, and both parti('s adjuurn their dispute to the 
huuse of the professional arhitrator, Thus all proceedings, 
whether in crime, tort, or contract. under the Breholl system. 
firc identical in origin, prusecuted in the same manner, and 
tend to the same result-the maintenance of the puLlic 
pcace, by means of a compromise. 
The example cited from Roman law proyes that a proce- 
.lure such as that under the Brehml system might, and would. 
under favourable circumstances, have developed into an 
intelligible ei,-il code. If the weaJth of the community had 
increased, or if mercantile haLits had been introduced. the 
',ymbolical acts originally necessary to found the jurisdiction 
\\ ould have fall('n off,and the Brehon wou}11 have assumed the 
eharaeter of a civil judge. Ruch a legal iInl-Jl"O,-ement would 
have been contemporary with the growth of the distinction 
between crimes and torts; but in the disorganized and un- 
mercantile society which existed among the Irish Cclts,crimes 
on the one hand were not distinguished from torts, and 
the principles applicable to the assessment of damages in 
cases of contract were not distinguished from those ap- 
plicable to actions founded upon torts or crimes. 
The most remarkable instance of the discussion of purely 
speculative cases is the consideration of .. the exemptions" 
8S reg:ml" th...fts committed by It cat, 



'.XXXVIll 


I
TRODUCTIOX TO THI': 


.. The exemptiun as regards a cat in a kitchen. That is. 
the cat is exempt f/"Om li(tbiWy for eating the food which 
he finds in the kitchen owing to negligence in taking care 
of it; but so that it WM not taken from the security of a 
housp. or vessel; and ifit was so takel], the f'rfl<e tI.
 regan1s the 
food is like that of a profitable workpr with a weapon. and 
the case as /'ega,rds the cat is like that of an idler without a 
weapon; and it is safe to kill the cat in tIle ea
e. The ex- 
emption as regards a cat ill mousing. That is, the cat is 
,'xempt fi'Oín liability for i?/juring an idler in catching mice 
when mousing; anù half fine is rille frolll him fur the 
profitable worker 'ldw/}
 he ?/wy i ItjUí'e, :Lnd the f'xeitement 
of his mousing takes the other half off hilll."'" 
In the above passage two actions are assumed to have 
been taken against a cat, and it is considered upon what 
principles the damages to be assessed against the feline de- 
fendant are to be ascertained. In the fornler caso the wrong 
committed by the cat is the eating of food, or the stealing of 
food to eat; in the latter it is some injury to It person or thing. 
accidentally occnning while tIlt' cat was in thf' pursuit of 
mice. As is usual in such case the intention of the defend- 
ant or wrong-doer is considered. 'rIle cat which steals food is 
:simply a wrongdoer as far as that specific act is concerneù. 
aud is to be considered as an" idler," that is, a person who 
cannot allege any excuse or justification for the act which he 
ha" committed. But ifthe food stolen by the cat has been It'f"t 
in its way through the negligence of the owner, the care- 
leS&neSB of the latter is set ofr against the trespass of t h" 
former, ami no damages are paJ'aLk On the other hand. ii 
the owllt'r of the food he not guilty of neg1igence, and tIlt' 
,'at has stolen the food ti'om a place in which it might 
reasonably be considereù secure, thf' owner of the fntHI 
is considered a:; a profitable worker; that is, a person whu"e 
t"onduct entitles him to the full amount of damages, and he 
is authorized to use, as against the cat, a11 the right exerci&ed 
I.)" the owner of a house against a thief who breaks into his 
precinct vi et al"?n1.t'l. In the second rase the cat, being engaged 
1Il his lpgitilllate lmsiues
 of muusiug, c:mnot b(' treated as 
· I'ßfl
 29
, 



Hook In' -\lCH.r.. 


I'XXXIX 


It wrongdoer pure and simple, the injury being incident to 
the zealous performance of its duty. The cat therefore pa) s 
to the "profitable worker" mitigated damages, and to an 
.. idler" who was not pre!';ent ill the fuifilllwllt of any dut
, 
of his own, no llamages whatsoeYer. A similarly imaginary 
case is the .. exemption as regards animals throwing up 
clods," to which pxactly thp same legal principles ar" ap- 
plied.- 
As to mallY of the cases discussed it is difficult to Ikcide 
whether they arc imaginary or arc derived from reportell Jp- 
cisions. \Ye find in the text th,' " exemption of a chip in Car- 
pentry." "The exemption of pigs at the trough or in the stye." 
.. The exemption as regards the 1a11 in 1eing hurled on tIll' 
green of the chief' Cathair'-fort," &c. 
IaIlY such cases llW)" 
represent traditional precedents. the fàct!'; of which were not 
more trivial than those in respect of which some of our 
modern leading cases werp decided. 
The mo.c:;t remarkable custom de!';cribed ill the Book of Aicill 
is the fourfold distribution of tllt' famil.'" iuto the 'geilfim': 
. deirbhfine,' 'iarf111c,' and' illdfinc' llivisions. From both 
the text and the commentary it appears that the object of 
the institution did not exten.I further than the regulation of 
the distribution of their propert.'". \Yithill the family seven- 
teen membf'rs were organizpd in fonr ,livisions, of which th.' 
junior class, known liS the' geilfinf' '-dh'ision, f'onsistC'd offh.C' 
persons; the' deirbhfine' tIle &econd in order, the' iarfine' tIH' 
third in order, and the ' indfine . the senior of all, consish'" 


. This ver)" extraordinary ca.e ",onM Iwtnrally occnr to the mind of a teacher 
acquainted with early Celtic poetry, thE- authors of \Vhid. ,leJil-!:hted to depict 
the steeds of their heroe
 spurning fragment. of the turf i" every diredion. Thu" 
when the apparition of Cu-chuiain<! a-cends at the bidding of St. PatrÌ<'k to testif)' 
to Lea;;haire a
 tu the hell alleged It) the Saint to ",<;_t, the following passage 
OCl'urs in the des<'ription of thc approach of the phantom troop :-" 'Ye saw thcn 
the heavy fog which ,\ropped upon us. I a-ked concfrnin!J that heavy fo
 
"Iso of Henen. Henen said they were the breaths of men and horses that were 
traver.ing the plain before me. ". e saw then the great raven flol'k abovc us, abow ; 
the country waS full of them, and it was among the douds of heaven they were f"r 
their height. I asked cunc".nin9 that matter of Denen. Denen said they were 
sods from the shue_ of the horses that were under Cu-dll1laind's chariot." Thi, 
passage, which is taken from the introductory part of the ., Demoni..c Chariot of 
l'u-chulaind," in the Leahhar-na-h'Ui,lhri, as translated by )[r.Crowe, for the Kil- 
kenny Archwolo;.,il,:t1 So..;ety, "01. L. 4th Series. pp.87':;-7 1 ;, 
annot fail to remind 
ttwrp.,,,h;>t of 1h
 (a....na\ .)
111H"1''''' tl[ tbt- HjHnH
..ln8. 



exl 


IXTRODC('TIOX TO THE 


respectively of four persons, The whole organization eun- 
sisted, and could only consist of seventeen members. If any 
person was born into the' geilfine '-di,.ision its eldest member 
was promoted into the' deirbhfine '; the eldest member of the 
. d..irbhfine' passed into the 'iarfine'; the eldest member of 
the 'iarfine' moved in into the' indfine '; amI the eldest mem- 
her of the' indfine ' passed out ofthe organization altogether. 
It would appear that this transition from a lower to a higher 
grade took place upon the introduction of a new member 
into the' geilfine '-di,-isioll, and therefore depended upon the 
introduction of new memhprs, not upon the death of the 

eniors. The property held hy any class, or by its members as 
slIch, must have been held for the bpnefit of the ::;urvivors or 
sm'vivor of that class; but, upon the extinction of a class, 
the property of the class or of its members as such passed to 
the surviving classes or ('la<;8 aCf'(I)"ding to spef'inl and very 
technical rules. 
On the fitilure of the . geilfine '-class, three-fourths of its 
l'l"operty passed to the 'deirbhfine,' three-sixteenths to the 
. iarfine,' and one-sixteenth to the' indfinc' '-class. 
Un the failure of the 'deirbhfine'-clm<s, three-fourths of its 
property passed to the' geilfine,' three-sixteenths to the' iar- 
fine,' and one-sixteenth to the 'indfine.' 
On failure of the' iarfine '-cla."R, three-fourths of its pro- 
perty passed to the 'rleirbhfine,' three-sixteenths to the 
. geilfine,' and one-sixteenth to the . illlifine.' 
On failure of the' indfille,' three-fourths of its property 
passed to the 'iarfine,' three-sixteenths to the 'deirbhfine,' 
and one-!>ixteenth to the' geilfine.' 
On failure of tIle' geiHine' and' deirbhfine '-dasses, three- 
fourths of their property passell to the 'iartÌ1lP,' anò one- 
fourth to the' indtine.' 
On failure of the 'illdtine' amI' iarfine,' three-fourths of 
their property paRseù to the '(leirbhtine,' nud one-fourth to 
the' geilfine.' 
On failure of the ' deirbhtine' and ' iarfine '-classes, three- 
fuurths of their property passed to thl" geilfine,' and onp- 
fourth to the 'imlfine: 
011 failure of tIle 'geilfill
 . and I iIHlfine,' three-fuurth
 of 



BOOK OF .\lCILL. 


cxli 


the l'rt'l'erty of the' geiltine . passed to the · deirbhfille ' and 
one-fourth to the' iartine '; and of the property of the' inn.- 
fine: one-fourth passed to the' iarfine,' and one-fourth to the 
. n.eirbhfine.' 
Two possiUe combinations of two extinct classes, viz,:- 
the' geilfine' and 'iarfi.lle,' and the 'deirLhfine' and 'indfine,' 
are omitted from the commentary. It would appear that upon 
the failure of any two classes the whole organization required 
to be completed by the introduction of a sufficient number 
into the' geilfine '-cla<;s and by promotion carried on through 
all the classes upwards; and if there were not 
orthcoming 
sufficient persons to complete the organization there was no 
partition among the sun.iying two cla:-;ses, but the property 
went as if the deceased were not members of an organization 
at all. The rules as to the distribution of property upon 
the extinction of any one cla
s or of any two classes mllY 
be unn.erstood from the annexed diagram. 


I I 3 4 5 6 


8 


(9) 


10' 


Indðne. 1161111 II I 0 II 81 0 I 81 0 I -;r 4 -' 4 
I&rfine. -11r.1
I
F:- 1 1241 0 l 0 1-41_
211214112 11; 
Delrbhfine, 116 1 121 0 1121 < 1 0 1 24 1 o! 12 1 4! 0 I 0 
Geilðne, 1161 0 1121 3\. I 0 I 812
 I 0 I 41 12 1 0 I 


The rule upon which the distribution of the property of 
such an organi7ation depends appears clearly from the abow. 
diagram. Let it be assumpd'that each class possesses pro- 
perty represented l,y the figure l(j. The class or classes 
e>>.tinct are denoted in tl)(' subsequent columns by a cypher, 
and the di
tributioJJ of the property of the extinct class or 
,'lasses is indicated by the numbers set opposite the nam( I 
of the surviying classes. Three-fomths of the property of 
any extinct class pas!'! to the next juniúr clags, and in default 
of any junior sun iying class, to the ne
t senior class. Thl' 
rema.ining one-fourth is treated in the same manner. If. 
I'wlllsive of the claqs which ha<; recei\ ed its share. there 



cx1ii 


YXTRODl7CTION TO THE 


remain::; lJUt one class, the residue passes to that class, but 
if two classes sun-ive, three-fourths of the residue pass to 
the next junior class, and, in def.'mlt, of such class, to the next 
senior class; and the residue, one-fourth of a fourth, or one- 
sixteenth of the entire, goes to the remaining class. If two 
classes become extinct, the propert)- of each is distributed 
according to this rule, in which case, if the two classes 
which become extinct are next to each other, the distribu- 
tion of the property of Loth is identically the same; but 
if the extinct classes :Ire not next to each other, the property 
of each is distributed to the remaining classes in varying pro- 
portions. [t is evident from the commentary that the ori- 
ginal principle, however it arose. had been forgotten, so that 
the distribution containcd in column 8 of the above diagram 
is very awkwardly expressed, and the cases in columns 9 and 
10 are altogether omitted. The meaning of this very artifi- 
cial an-angement appears from the following passage :-" If 
the father is alive and hlt<; two sons, and each of those sons 
has a family of the full number-i.e.. four-it is the opinion 
of {(ut'yns that the father would claim a man's share in 
every family of them, and that in thi8 case they form two 
. geilfine' -divibions, And if the property has come from 
another place, from a family outside, though there should bp 
within in the family a son or a hrother of the person whosf' 
property came into it, he shall not obtain it any more than 
any other man of the family." From this it appears that 
the whole organization existed within the family, and con- 
sisted of the actual descendants of a male member of thf' 
family, who himself continued in the power of the head of 
the family. .As soon as a son of the house had himself four 
children, he and his four children formed a . geilfine '-class, 
and each succeeding descendant up to the nnmber of seven- 
teen was introduced into the artificial body. The entire 
property exclusively belonging to thi
 family within a 
family was confined to the members of the organization 
until the number exceeded seventeen, when the senior mem- 
ber lost his rights to the separate estate, retaining those 
which he possessed in the original family. 



ROOh OF AICILL. 


c
liii 


This arrangement must be regarded as an invasion of 
the archaic form of the family, anù an introduction p"o 
funto of the idea of separate propel'ty. How or when th(' 

.vstem arose we have no information, but arrangement.s 
equally complicateù have been elaborated in the evolution 
of customary 18". 
If it be admitted that the parent and his first four 
children (or sons) form the original (geilfinc'-class, it may 
be conjectured that the term' geilfine '-chief, so often occur- 
ring in the Brehon law, indicates a son of the head of the 
family, who hac; himself begotten four children (or sons), 
and thus founded as it were a family within a family; and 
further, that, as upon the death of the head of a family 
each of his sons would become the head of a llew fami]) , 
the' geilfine'- relationship in such an event would disappear, 
and its members would resolve themselves intu a family 
organized in the normal manner. It may bb conjectured 
that the parent always continuc!l in the (geilfine-' class, and 
that therefore it containc,l five members, although the other 
clac;ses comprised four only, anù that hence was derived the 
peculiar title of ( geiliine '-chief. 
The passage in the Bouk of Aicill relative to the legitimi- 
zation of adulterine bastardy is so instructive in relation to 
the origin and form of the Celtic family, that it merits special 
attention. The important purtions of the te}.t and com- 
mentary are as follow :-" Every cuckold has a j'íyht to his re- 
puted son until purchased from him. That is. to the cuckold 
belongs his j'epute(l son until h
 is purchased from him by his 
real fathe,.-i.e., until thcre has been paid to him body-price 
and honor-price, according as he is a native freeman, or a 
stranger, or a foreigner, or a ( daer'-person, and the full price 
of fosterage for the length of time he 'was with him; the 
equivalent also of everything which he had paid for his 
crime shall be paid him back.". "If the full fine of the 
father who takes him away be equal to tbe full fine of the 
,.eputed father from whom he is taken, the father who takes 
him away shall pay his own full fine to the reputed father 
from whom he has been taken. If the full fine of the 


. Pili- Ill. 



cxliv 


I5TRODCCTIO
 TO THE 


reputed father from whom he has been taken bo greater, 
the father who has taken him out shall pay it, if he is 
able, but if he be not able, the son himself shall pay in 
right of his property; or it shall be paid by the father in 
right of the 'old promise.''' "He can be taken from man to 
man always until the evidence of men assign him to one 
father, and when he has been assigned to one father by the 
evidence of men, he cannot be taken from him until he 
be assigned to another {ather by tlw test of God; and 
when he has been assigned to another father by the test of 
God, he cannot be taken from him by the teat of God, or 
the test of men until seven 'cumhah
' (fI.e paid for him, 
His being brought from man to man in succession is by the 
commentator derived from the following verses, i,e. :- 


Free is the womb that briuge forth a hirth 
To produce a body, 
'Vhiche....er of a hundred persollB 
Removes it." 


This passage clearly shows that in the early Irish, as in 
other archaic societies, the nexus of the family was not 
marriage, but acknowledged actual descent from a COTr- 
mon ancestor, and participation in the common duties an,l 
property of the family, The son of a married woman wm
 
prima facie a member of the family of the husband, hut if 
another proved that he was the hlther in fact, the child he- 
lonßed to the family of the adulterer, The family of thp 
husband, however, possessed a yested interest in its reputed 
member, and was therefore entitled to compensation for t]w 
removal of one of its number, and also to the repayment pf 
the pre\'inus expcu"cs of maintenance. The claimant wn,s a ]RI' 
bound to irillemnify the tinnily of the husband for any pay- 
ment previously made on account of the offsprillg. Theobvious 
(lifficultyas to whetheT the body-fine and hOllor-price werp to 
be estimated with rcferpnce to the rank of the natura] or to 
that of the reputed father, was solved by making the claimant 
pay according to whichever of the two scales was the higher. 
The principle of the payment to he mrtrle in 
uch a caso by 
. raKe ;n;1. 



ROOK OF AICILL. 


cxlv 


the rl;\ illlant to the tiunily (If the hUl:ibnnd is the same as that 
which, aceunlin
 to tIll' last s
etioll of the Book of Aicill, 
in the case of the abduction of a female member of a [;ll11ily, 
condemneil the ravisher to pay compensation hoth to the ah- 
ducted woman and to her family.- The theory of the Celtic 
family i8 further illustrated 13y a pMsage in the first volume 
of the Brehon Laws which has been previously referred to.t 
" Eoehaidh 8et out, long afterwards, to go to his tribe to 
demand justice from them, but was met at f;liabh Fuait hy 
,\sal, son of Conn of the Hundred Battles, and by the four 
sons of Buidhe,. . and by Fotline, the son whom Dorn, 
the daughter of Buidhe, brought forth to a stranger, of 
whom was said :- 
. The SOli of Dorn is It trf'spasser on us,' &c. 
And they slew Eochaidh Belbhuidhe, who was under the pro- 
tcction of Fergus. Fergus went with forces from the north 
to (leman(l satisfaction, and justice was ceded to him. i.e., 
three times 8e\'e11 'cumhals;' seyen . cumhals' of gold; and 
se\"cn of sih"er, and land of seven' cumhals,' lnbher-Ailbhine 
!Jy name, for the crime of the five natins; and Dorn, the 
(laughter of Buidhe, was given as a pledge for the crime of 
her son, for he wa."! the son of a stranger, or of an Albanach 
l
t'otchman), and was begotten against the wish of, or without 
the knowledge of, the tribe of the moth,'r." Dorn having heen 
subsequently slain by Fergus, the honor price for her death 
was paid in yarions proportions to her father and brother, 
hut not to her son. .From the above )'a:>sages it may be con- 
('hided that the family was based Up011 the descent from a 
male ancestor; that if the fact of the dCRcent were admitted 
hy the fathcr, illegitimacy 01' lcgitimacy, according to tIlf' 
canon law. was immaterial; that the illegitimate offspring 
of two memhers of a f.'unily would he acknowledged as a 
member of the fami]y; that the illegitimate offspring of a 
female member of the family, by a stranger, might be intro- 
duced into the family as a member, if begotten with the 
consent and knowledge of the tribe (If the mother. The 
memher of a family was of course a member of the trib<> 
. PaGe 541. t Pages 71-75. 


k 



exlvi 


T'\TRODlTTIO'\ TO THY. 


which included thl
 tinnily. On the other hand, the illegiti- 
mate offspring of a wuman by a 
tranger, if begotten 
against the wish and" ithout the knowledge of the tribc of 
the mother, would have no status in either the family or 
tribe of the mother, and "ould be considered by thcm m; a 
stranger or trespasser. If an office were hereditary in a 
family all the memhers of which were equally eligible for elec- 
tion, all questions of legitimacy or illegitimacy were unim- 
portant. There was nothing to prevent the adulterine bas- 
tard of a chief from being elected as his father's successor: 
both he and the legitimate offspring of his father wen' 
equally eligible for elf'ctlon. If the principles laid down in 
the Book of Aicil1 had hel'lI familiarl.v accepterl by the 
Irish in the si}.teenth century, t]Jf' I'ontroversy hetween the 
English Government and Shane ()')h'ill could not ha ve 
assmnell the form which it dilL ('on O'
{'il1 hall. hy Alison 
Kelly, the wife of a smith in Ihmdalk, a 
on whom the 
mother bronght to O'Neill when uf the age of sixteen 
years. In 1542 Con O'Neill "'a.<; create<<l by patent Earl of 
Tyrone, with remainder to tl1Ì
 
(1n (Matthcw a7io8 Ferdo- 
rogh O'
eil1) and his heirs male. Rhalle O'Neill was the 
son of Con O'N..ill by n wife. At the date of the creation 
of the earldom, ::\Iatthew Wl1S undouhtedly treated and ac- 
eppted hy the re"t of his name as a 
un of Con O'
eill. and 
if he hail hepn his son in filet. amI had been aclmitted to be so 
by his actual father, he was unc of the family of the O'Neill, 
and as sueh capablt' of election tu thc Chieftaincy of Ulster. 
The earldom of Tyrone being limited to Matthew as a 
purchaser in tail, his claim unùer the original letters patent 
was quite independent of l.if-> legitimacy; his rights to the 
headship of his sept also werc unconnected ,\ ith legitimacy, 
RS restin
 upon the popular election, if any such election 
ever tooh. place. Nevertheless, the question of the canon- 
ical legitimacy of the Baron of Dungannon is const.'lntly 
discussed in the letters of 
hane O'Neill and the English 
Government. Shane, the champion of the Celtic raee, insists 
that his brother was illegitimate; the English Government 
nsserts that the succession of the house of O'Neill was 



nOOF; (IF AIC'ILL. 


cxlvii 


hereditar
', and that the Baron was the "heir in right." At a 
Inter period. when Hugh O'Xeill, the son of the Baron of 
Dungannon, and the Jll'uté:Jè of the English, fell away into 
rebellion, the Engli
h Government in their proclamations 
reproached him with the illegitimacy of his father. "
ere the 
parties to this eorre
ponrlence ignorant of, or did they pur- 
po<;ely ignore the existence of the Brehon law? Phras('
 
occur in the correspondence which seem to indicate that both 
parties knew that the ancient Cllstom was very diff(.rent 
from the law with reference to which they assumed to dis- 
cuss the question. Cecil, in a paper of heads of arguments,. 
USPS the"e remarkabk words :-" For O'Xele knew for truth 
that he wa" thp SOll of a woman married in Dundalk to onc 
Kelly a smith, and tlwl'rjm'e la' could '/lot be Slo.e thot he'll'a8 
hi8 Ron; considp,'ill!l also t!tat hf!
'-'((R sl:Ûcen '!INl7.S old befm.c 
I,i..
 '1Jwthe'l' b]'ought hi,it to aXrle." Again, Shane a<;serted 
that his fiÜher ., being a gentlf'lIlan Hever denied any child 
that wa.c; sworn to him. and he had plenty of them." Such 
c"pressions a.<; these seem to indicate that both writers felt 
that the question of iUegitimae.,' or legitimacy, as applicable 
to the status of the Baron of Dungannon, turned upon the 
question of parentage in fact, and had no connexion with 
marriage; hut whaten.r ma
' Ilan' lwell the atTiÙc lJcw'Iée 
of the writers, it is almost impos"ible to belieye that at the 
rlatp of the corrc,;pondence the Brehon law was recognised 
in CIster It.. the local law, or that its principles were still 
understood and accepted 1))" the inhabitant". 
The rules as to the legitimil!ation of adulterine ba
tards 
proves that ("hil,lren were considered by the head of a famil
r 
a.<; 1t benefit and not a burthen In ewry yiJIagc community 
possessing a share of puhlic lands, to be drawn upon as 
occasion may require, the share of tlw family in the public 
land or pasturage increases in proportion to the number of 
its members. There is, therefore, in such Rocieties a constant 
legal incentive to malTiage amI procreation. The excessive 
increase of population which the local custom stimulatf's in 
such forms of society is checked in modern village com- 
('Rrew '188.. \ 01 i., pp. 304-5, 


/. . .) 
. - 



('xlvii i 


{:\TRO\WCnO, TO THE 


l1Iunities partly 1y a very high death mtc, anrl partly hy an 
organizel1 sy
teIll of eillj
ration w
lerehy overcrowded vil- 
lages establish new village eml1uHmities in unuccupied lands, 
after a s
Tstematic and org/wized manner.. It is It suùject of 
curious iuquiry, as II test of the cundition of thc Celtic 
population of Ireland, to ascertain if there ùe any grounds 
for concluding whether before the Danish invasion the 
nUlUber of tribes or village comlUunities in Ireland was 
increasing or diminishing, and whether we have ground:- 
for drawing any conclusion as to the rate of mortality which 
then existed. 
Inasmuch as Cormac l\lac
\irt is alleged to be the author of 
the Book of Aicill, it is proper to lay l>efore the reader a. short 
statement as to what is known of his history and his alleged 
eonnexion with the work ill que
tion. In the year 
18 A.D., 
( 'onnac Ulfada, the grandson of Conn of the Hundred Battles, 
and cOIlllllonly called Cormac 0'( 'uinn, amI Cormac MacAirt, 
cOlllmenced to reign. The annals of Tighernach (ob. A.D. 1088) 


*The follo1\ing extraet< from the e
say of )L d" {.ayeleye i\1,1strate the aho"f> 
remarks. In his description of the Ru-sian vi\1a;;-e commune (mir) he statcs:- 
., Dans rOccident. unc l'rogéniture nomhrclI-e ei't UII malheur, qUI, I'ou evite par 
dcs moyens que certains "conomi,tes précollisellt. mais qlle la morale condanme. 
En Ru"i." la nRis<ance d'un enfant e<t tOllj"urs ac('ueilile a,'c<' joie. C'ar 1'111' apporte 
à la fRmille des forces nOllvelle< pour I'avcnir, et 1'111' e<t un titre pour redamcr nn 
>upplément de terrI's à cultiver." * * "( 'I' qui <I.UlS 1'0rgRni'ation .Iu >n;,' doit sonr- 
tOllt alarmer l'eC'.momiste. ."c;;t qllc. contmiremcnt aux I'resC'riptions de lIIalthll'. 
1'111' enlève tout obstacle à I'accrois-emcnt de la population et nITre mí\me unc primc 
ilia mnltiplication dc, "nf,ms. Eu dret. ch,lfl'''' t,.te (Ie plus dUll III' (Iroit, (Ian" hl 
I'arta
e, ÌI ulle part 1I0uvelle. 11 semitic dOliI' qllc la population duivc accrOltn' 
cn Rnssie pIns r8pielement '1ne partout ailleur-. I "e-t même lùla prilll'ipnie objcC'- 
tinn que )1. Stuart :\lill 01'1'''<1' à tnut prnjct ell' ref"rme dans nu Sl'ns communist.,. 
("huse ..trangI' eepenelant. la I:us<ie est ayeI' la I'ranl'e run (II's pays uù la \lopuI8- 
ti"n augmente Ie plus kntement. La pl'rit.tle ell' .1"lIl1len1<'lIt, qui pour In l'r:1I1cc 
c-t de 120ans em iron, c
t de UO anspour la Hnssie. t:IIHlis qn' eliI' u' est que tie ;;0 ans 
pour l'Angleterre et pour 1..1. Prussc. It it' W "Difftlrentes cir('onsf.mce'l. cootribuellt 
:, protlllire 1'1' r..snlt'lt. 1... premil're est In gr,lIul mortalite parmi Ie
 jeunes enfan." 
l' * La durée llIo)'ennc tie la \"ie est par suite en I: ussic trl's infl'rieure à cell" '}u."n 
a eonstatéedans les autre< p.IY<, ,\u lieu d'êtrc fie 3.. ans cn\"iron, commedans\e<ctat- 
.11' l'Europe occidentale. eliI' lI'e<t que 22 à 2i an<:' .. Puur faire ph..,c aux 
familes nuu\"elles, qu'une ciyilisatiou ]JIII< av;.ncée appellerait à I'existance, illlt, 
re
terait alors qu\ine reS'iource: I'emigratiun et la culonisation. En elfet, Ie regime du 
m;,. a étè autrefois un puissant agent tie colonisation."-Les Formes primiti\"es de la 
Propriété. Par \II. de Laycle)'e.-F.n'll^ rID,. TJ'nr J["nrle,., t"l11 100, H. \49 / 15:5. 



BOOK OF AICILL. 


cxlix 


were selecte(l by the late Dr, Petrie ns the mo<;t authentic au- 
thority respecting the events uf his reign. It is ath antageous 
to ascertain what are the facts recorded in this chronicle. 
In the year 
l
 it is f;tated that COl1nac, the gralllhon of 
( 'onn, reigned 4
 years. In the year 

2 1ue mentioneù the 
names of:n distinct Lattles ; and there is mention alsu ufthe 
more important facts of Cormac's having had a fleet O\.er the 
,.,ea for the space ofthree years, of the slaughter ofthe maidens 
in the Claenferta at Tcmur by the King of Leinster, and the 
consequent execution by Cormac of twelve Lagenian Kings, 
and of the exaction with an increase by him of the Borumha, 
or Boromean triLute. Under this year it is stated that Cormac 
was dep08ed by the 'Cltonians. In the year 
3ô A.D., six 
battll's are recorded. and under this 
-ear Cormac is stated 
to have been expelled for seven months, and to ha\"e been 
subsequently dethroned b.v the Ultonian-;. In the year 
;)l 
A.D., one hattle is reconll'd. In the year :!;:;4, A.D., Cormac e).- 
pellell the LJltonian<; from Irelan.l to tIlt' Isle of )Ian, hence 
his name Clfada. Under the same year the wuund and 
death of Cormac are recorùed as follows.:- 
"The wounding of Ceallach. the son of Cormac, and the 
killing of Setna, tlH' son of Blal' son of the lR\\giwr of 
Temur. And the eye of Cormac ea Cuinn hroken with 
one blow by Aengus, the son of Fiacha Suighi, the son of 
Feidhlim Rechtmar, whence he was called Aengus Gabh- 
llaibhtheach [i.e., Aengus of the Dreadful Spear]. Cormac 
afterwards gained four }"lttles over the Desii, so that he 
drove them into Munster, an
l expelled them from their 
loriginal] country." 
"Cormac, the gr.mdsun of Con of the Hundred Battles, 
wed at Oleiteach on Tuesday, the bone of a salmon having 
stuck in his throat; 01' it is the sheen-ee [genii] that l.illed 
him at the instigatiun uf )laclcinn thc Dmid, as ('ormac did 
not believe in him."t 


.. Petrie, on the History and Antiquities of Tara Hill, p. 37. 
t'Ihan the late lamented Profes.orO'Cnrry, no author waS more profouudl)' \'ers
<I 
in the ancient Irish Manuscripts; it is, therefore, due to the memor)" of tlmt great 
Iri
h scholar to introduce his yie\\s a< to the records relatÏ\ e to Cormac )Iac .\rl. 
contained in earl)" Irish authors :- 
.. The character and career of Corms.' Mac Art. II. " governor, a \farrior, a phil- 



d 


I
TRODCCTIO:S 1'0 THE 


In the Annals ofTieghernach there is no mention made of 
the alleged literary or legislative celebrity of Cormacl\lacAirt; 
in the Annals of the Four 1Iasters, however, there is express 
mention of the works upon whidl his reputation has rested. 
Under the year A.D. 266, the Four l\lasters state'" "Cormac, 
osopher, and a judge deepl
. versed in the laws which he was called on to administer, 
ha,.e, if not from his own time, at le.lst from a' er.,' remote period, formed a frnitful 
subject fûr panet::) ric to the poet, the historian, and the le:;:islator. 
" Our oldest and most accredited annals record his, ictories aUlI military glories; 
onr historians dwell" ith raptnre un his hononr. hi, justice, amlth" nathe ,1ignity 
o his character; our" ritcr. of historical romance make him the hero of man
' a 
tale of curions ad, ellture; and onr P'.ets find in his persona! accomplishment-. aml 
in the regal splendour of his reign, inexhau,tiLle themes for their choicest numbers. 
.. The poet lIIaelmura, of Othna. who died A.D. t144, styles him Cormac Ceulad.. 
Or the Music..I, in allusion to his refined and happy min,l amI disposition. Ci1la,th 
(or Kenneth) UHarti:::an (who died A.D. 9ï3) 
iHs a 
Iowing description of the 
m.lg;niticcnce of Cormac ulld of his paI.u'e at Ta..... AIIII Cnan O'Luchain. quoted 
in the former lectnre, and who died A.I>. 11)24, is no less eloquent on the snbject of 
C()rmac.s mental and personal qualities and the glories of I,is reign. lIe also, iu 
the poem whi,'h has been alre8(I
' 'Iuoted, d",eriLo" the condition ami disposition of 
the ruins of the principal edifices at Tara. a. they existed iu his time; for, even at 
this early period (1024), the royal Tara "a. but a ruiu. Flanu. of Saint Bllitl,,"ø 

Couastery, who died A.n. lU,j(j (the greatest, perhaps, of the scholars, historians, 
aml puets of his time), is e'lnall
' fluent in prai,e uf Colmac as a l<ing, a warrior, a 
ocholar, and a judge. 
" Cormac's fnther. Art, chief monarch of Erinn, was killed in the battle of lIIugh 
.IluCI"lIi",l,,'-that b. the plain of JlllcI',,;m!,, (pron. .. !\Cucrivy"), about A.D. I!),j. 
by l\lac Con, wllO was the son of h1< sbler. This lIl:1e ('on ,,'as a l\J unsler prince, . 
"ho had been Laui<hed out of Erinn by Oilill Olnim, King of )hm
ter; after 
\\ hich. passing into llritain am! 
c(>tla11(!, he returned in a few years at the h
ad of 
a large army of foreil{n adventurer" commanded ehielly by Berm': B,'it, son of the 
1\.inl' of Britain. They sailed roum! by tllP >unth cn,H of Irelu\1t1. and landed in 
the bay of Galwa
.; aml heing joined there by ,ome of :r.rac Cun's Irish adherents, 
the
 oyermn and ..." a
cl! the cOllntry of ". e<t Connacht. Art, the mOllarch. i11l- 
mc<li.ltdy lUllstere,l all the fOl'". s that he conld enmmal1ll, and mar"he,l into Con- 
n,\('ht, where he wa' juined hy ;\111<' Con's oeycn (or 'ix) step-hrothers. the sous or 
Uilill 0111111, wilh the j;JlTes of 'lnn-h
r. .\ hat tie enoned. a- .t..ted aLo"e, on the 
1,Iaill of !\Iucruimhe (between Athenrcc and Galway), iu ",hi,'h Art \VaS \",lIeol, 
lea\'ing hehilld him an only sou, ('orm."., nsually di<till;::ui-hcd as ('orma" .1f,,,, 
Aid-that is, Cormac the sou of Art. 
.. On till' death of his uncle Art. IlIa.. ('''n a'sll1ned the 1Uon.uchy or Erinn, to lh
 
prejudice ut the young Inince Cormac, "ho '''tS stilI ill his boyhood, and who w,,
 
forced to lie cuncealed for the time among hi
 mother.
 frieuds in Connaeht. 
"
lac Con's usurpation, and hisse\ere rule, dispose.! his subject" aftcr S010e time 
to "ish for his remo\.al; and to that end YOllng Cormac. at the tiolicitatiou of some 
l.owerful friends of his father, appeare.l suddenly at T.\l'a, where his pe"ùn had 
. The trun.1ation is that giveJl in Dr. p..tri
.< History aud. AUlioJllities uf.Tar" 
Hill, 1" 3
. 



BOOK OF AICILL. 


cli 


the ::!on of Art, the ::!on of Con, after having becn forty years 
in the government of Ireland, died at Cletty, the bone of ft 
salmon having stuck in his throat, thruugh the Shee\ ra, whom 
)[ailgenn the Druid induced to attack him, after Cormac had 
t.urned from the Druids to the mloratinn of God; wherefore a 


by this time ceased to be kno\\ n. One day. \\ e are told, he entered the judgment 
hall of thc palace at the moment th:.t ,1 ca..e of ro) al pri\ ilege "as brought before 
the king, Mac Con, for adjudieation. For the king iu andent Erinn "3;;. ill ea.tenl 
Í:i<hioD, believe.1 to be 
ifted "ith peculiar \\ i
dom as a judge among his people; 
and it "a. a part of Iti. dut), .l< \\cll u< olle of the chief pri\ilc;;. of his prero:;:a- 
th-e, to give jullgnH>ot ill 
ll) Ca
t
 lIC dillie-ult) Lrollght before IIÏ1n, e\ ell thou
h 
the litigants mi
ht be amon:;: the me
ne.t of hi- slIhjPdS, and the subject of litig,'- 
tion of the smaUe-t 'alue. The ,a e is thus rel.lted :-Certain sheep, the property 
of a certain" idow residing near T ,Ira, had strayed into the ,!ueen's prÏ\ ate l.iwn, 
,md eaten of its grass; they "ere captnr",1 by some of the hon.ehold officers, and 
the case was brou:;:ht before thc kin
 for jlull,'JIlent. The king, on he'lriug the 
caSt', condemned the sheep to be forfeited. loun;; Connac, ItO\\ c\ er, hearing this 
>entence, e"daimed that it wa- nnjnst, and ded,tred that as the sheep had eaten 
lJ01t the fleece of the lan.l, the m"st that they ought to forfeit should be their 0\\ n 
I\eeces. Thi. \ iew of the law dpl" .ired Sit" be and reaoondh\e to the people around, 
that a murmnr of approhation ran throngh the hall. ""![,tC Con .tartell from hi, 
seat and e"daimed, .. That i. tl... ju'lgment of a kill!
:" and, imm",liately recog- 
nising the y"uthful prince, ordered him to be seized; but Cormac bucceeded in 
effecting his escape. The pcople. then, h:" ing rccoguisc<1 their rightfnl chief, soon 
revolted ag.tin<t the mouarch, up..n \\ hich )[a<' Con wa< drh en int" Jhm<ter, and 
Cormac a<snme,1 the go\'ermnent at Tara. And thns commence,\ nne "f the n1l'<t 
. brilliant and impurtant reign. in lri.h hi-turr. 
'.Thefollo\\ingde-cription of Cormac, from the Hoo\.. of Ball
mute (I-l:?, b.b.), 
:rives a very vi\ id victnre of the per""n, manner.. and ad' of this monarch, which 
it give'!. ho\\ewr. ,-n the "nthori1\" (of the older Hook of r..chollgbkail; and, e\en 
tbou
h the 18n
ufl
e is often hi
h-('olourerl, it j... but a picturesque dothing for 
actual fact<,a. \\ c knuw from uther -onrees (ste ori
inal in Avpellllix, Xo. XXXI. ):- 
.. 
\ u(,h1e and illustriuu
 king :l.....UffiC(1 the ..:n\.(>rd
nt
 ,IIlII rule of Erinne namdy. 
I'omuc, the 
rand<(ln of Cunn of the lIu
,lred BaUIt The world \\as fnll of all 
g-uodne.'! in his time; there were frnit an,[ fatne.. of the land. amI abundant pru- 
dnce oÎ the sea. "ith peace, and ea.c, a"d happine,s, in his time. There "ere nu 
killing-s nur plunderings in his time, bnt e\Cryone occnpied his lands in happiness. 
,. The nobles of r.rinn assembled to .!rink the banqnet of Tara. \\ ith Cormac, at 
"certain time. Thc > \\ere the I..in
s whu \\ere a-.embIE l at that J,a-t_namel)". 
F<rgu! Dllbkdeada"
 (of the black teeth), and Eucl
aid/. CW/llat. the hlu kings of 
C\ster: Dunlang, son oÎ Euna Xis, kin
 uf LeÍlhter; Cormac C.tS, son of Ai:ïU 
Oluim. and Fiacha 11llõlleathall, son oÎ EU.'1hUl' Jlûr. the two king of :Mnn-ter; 
.\ïa jlÕ'T", the 60n of Lugai"h Firt,'i, Curmac'> brother by his muther, and Eochaidlt, 
""n of Conall. the t".. \,ings of Connacht; OenW19 of the poisoned spear, king of 
Breg;a (East Meath); ,md F<ra,Uwclt the <on of .\-al. SOil of Cul",r the ,k1'IIP;"II, 
kin
 of 'Ieath. 



clii 


IXTRODrCTIOX TO TilE 


demon attacked him at the instigation ofthe druids, and ga\'e 
him a. painful death. [t is (;onnac who composed the TeClgo.'Jc 

Ia Riogh, to preserve manners, morals, and governlllf'nt in 
the kingdom. He was an illustrious author ill laws, synchro- 
nisms, and history; for it is he tha.t promulgated law, rule, 


.. The manner in whi"h fairs antI great assemhlies were attenderl h
 the mcn of 
Erinn, at this time, was-each king wore his king-I
' robe upon him, and his golrlen 
helmet on his head; for they never put their L.ingly diadems on lmt in the fieltl of 
b.lttle only. 
.. J\lalrnificently tIi,1 Cormac come to this great as-emhly; for no man, his equal 
in beauty
 hncl preC'prl('cl him. f'xccpting COll(I;I"I.: ...1/,;,
. !"un of r:ders
el, nr C'nnor, !'=Oll 
of Cathbadh (pron. nearly' Caã-fah '), or Aengu q , son of the Daghrla. Splendid, 
indeetI, wa< Cormac's appearanee in that assembly. IIi. hair "as slightly curled. 
and of golden colour; a scarlet shieltl with enf,'raved dedees, antI golden hooks, and 
clasps of silver; a wirle-foltling purple doak on l1im," ith a gem-set gold brooeh 
over his breast; a goltl torque around his ne"k; a white-collarell shirt. embroidered 
wilh goM, upon him; a girdle,,, itb golden buckles, anll stutIded with precious 
_tones, around him; two golden net-wor\.. smduls. "ith g-ohlen bnl'kl,,<, upon bim; 
two spears with g01<len sod.et., and many red hrlluze rivets. in his hand; while he 
stootI in the full glow of beauty, without defel'! or blemi.h. r ou woul<1 thin\.. it 
wa. a shower of pearls that were <et in his mouth; his lips were rubies: his s
'm- 
metrical b..dy "as as white as suow; his cheek was like the mountain-ash herr
' ; 
his eye, 'n're like the sloc; bis bro"s .IIU) "yelaslws were like the -hcen of a blue- 
Mack laneI'. 
.. Thi" then, "as the shape and form in which Cormac went to this great as
em- 
hly of the men of Erinn. Anll anthors say that this wa' the nohlest conn'cation 
1"'1'1' beld in Erinn before th,' Christian Faith; for the law
 and enaetments insli- 
tuled in that meetin;; were tho-I' that shaU prevail in Erinn fur ever. 
.. The nobles of Erinn 1'1'0)>0<1'11 to make a new clnssifie.,tion of the peopl
. 
according to their variou, mental and mdterial qu:tlifieations; both kings allLl 
ollllmhs (or ehiefs of profes.ion
), al\(l tIrn;.)s, and farmers, antI soldiers, and all 
different cla'Se<I likewise; because they were certain that whatever regnlations 
.honM be orolered for Erinn in that assembly, hy the men of Erinn, wou1<l be tno.e 
which woulclliv.. in it for ever. For from the time that Amergen (;luin,qeal (or of 
the "'hitI' Knee), the Fil" (or Poet), allli one of the ehiefi of the 1Iilesilln "olonist,. 
delivere,) tJle first jnd
ent iu Erinn, it \las to the Fili,. alone that belonged the 
ri
ht of pronouucing judgments. until the dispntatiuu of the T\\ 0 
'Ig..q. Ft,.cei,./.... 
the Filé, and XI it1l", son of Ad/II",. at Em.mia, ahout the bellntiful nl:mtle of the 
dlief Fill, Adhna. ,\ ho had latel
' .Iied. l\Iore and more (.bscure to the people wer.. 
the words in which these t\\ 0 Fif<. discu'sed allli dt,'ided their di')>nte, nor "ouM 
the kings or the other Files understall(l them. Concobm' (or Conor) and the other 
princes at that time present at Emania. said that the disputation and decision couM 
be understood ouly by the two parties themseh'es, for that they did not understand 
them. It j,. manifest. sai.l Concobar, all men shall have share in it from this da)' 
out for evel, IJllt Ihl'\' [the FitÙ] shall have their hereditary jlldgmenl out of it. 
of whRt all oth"r,< r"'plirf', 
\.pry man ma
' take hi- sb!!re of it. .r1l(lgnwnt W.IS tLen 



BOOK OF AICILL. 


cliii 


and regulation for each sciell1:e, and for Pilch coyenant ac- 
curding to justice; so that it i::; his 111\\ s that restrained all 
who adhered to them to the present time." 
" It is this Cormac MacArt also that asseml,led the chro- 
niclers of Ireland togl'ther at Temur, and ordered them to 
write the Chronicles of Ireland ill one book, which wa... 
called the Psalter of TeUlUl". It was in this book were 
[entered] the cuevall'xpluit
 and synchronis1ll
 of the Kings 
of Ireland with the Kings and Emperors of the wúrld. amI of 
the kings of the pro\"incf's with the monarch
 of Ireland. It 


t.tI-.en from the Filés. except tùeir inheritance of it. and senral of the men of Erinn 
t.)ok their part of the jUllb'1Tlent; snch as the judgment.. of Eochaidh, the son of 
I.llchta; and the judgments of Fachtna, the son of Smchadh: and the (apparently) 
false judwnents of Caradniadh Teucthé; IInd the jmlgment< of lIlorann, the son of 
:\laen; and the jndgmeuts of FO,'Ih'm, the 'on of Dur,.thac!.t [king of Farney] : 
dnll the judgmeuts of Doel of Seim/MIIII. anel the jurlgments of Brigh A mbui [daughter 
..i ....mrhadh]; and the judgments of Dianeecht [thE' TIU.th De /Jalllínll Doctor] iu 
111 ,Hers relatin
 to medical doctor.. -\lthou
h the-e WCle thus fir,t or.lered at thi_ 
time. the noblei of the men of Erinn (sub._equentl
-) insisle!1 IIn jndgment and 
eloquence (ad\ ocacy) being allowed In persons accordin
 to ldnk in the Brellw 
_\ emheadh (laws of ranks); allli so each man usnrped the profession of another 
a'::lin. until thi. great meetiug a-,embled arouud Cormac. The) then again separ- 
ated Ihe profe<-ors of evcry art from each other in that great meeting. and each of 
1 hem "as ordainerl to his legitimate profes.ion. 
.. .\nd thus when Cormac came to Ihe sovereignl) of Erinn. he found that Conor"s 
regnl.ltions had been disregar,led ; and Ihis was what ilHluced the nobles to propoOl' 
t,) hillt a new or
ani7ati()n. in aceunlaoce with the :ulvan('t."mellt awl progress of tlll
 
p"ople, from the fnnner period. .\1\11 thi_ Cormac did: for he ordered a new cod,. 
oi la\\. and r('
uJation< to be dr,1\\'n up. extendin
 to all cla.-p- and profesilllll.... 
lIe also put the slatE' or rourt regnlation. of the Teach JiidltchIlUl.ta, or Great Han- 
'Iuetipg IIuu..e of Tara, nn a IIp,,," and permanent footiug'; and re, Ï\.eJ obsolete tesu 
and ordeal., II1HI institnte,l some important ne\\ one.: II",. making thE' L'lw of 
1 e,timon)" and Evidence as perfect ami safe as it could he in such time.. 
.. If \\e take thi..aml varions other de-.'riptions of Cormac's ch.tnlC1er as a man, a 
....ing. a scholar. a jud
e, and ;1 warrior, into account, '
e 
hall 
ee that he "a., nu 
ordinar). prince; and that if he had not impre,-e,1 the nation with a full sense of 
hi. great snperioril
. over his prerleces..or. an,1 Iho..e who came after him. there i<no 
r<.lMln wh)" he 
honld have "een specially selected frum all the re.t of the line of 
monarchs. to be made abo,'e nil the po
,c<-or of such excellence,. 
"Such aman could sl'arcely ha, e parnpd ont hi, ,-ariou< behests. and the nnmeron< 
provisions of hi. comprehensive enactment., \\ilhont sonw \\ritten medium. And 
it is no unwarrantable presumption to suppose that, either by his own hand, or. at 
lea
t, in his own time, by hi- COJllmand. his la\\. were committed to writing; and 
when we po<se3S very ancient testimonr to this effect. I can see no r,'a-on for re- 
je! tim; it, or even for ca-ting II dnnht upon the statement. ". 
. "';;, \raterials ..f .\ncipnt Ir;-h Hi-Iury, I'P -12-47. 



cliv 


I;>\TRODUCTION TO THE 


was in it was alsu written what the monarchs of Ireland 
were entitled to receivc from the provincialists, aud what 
the provincialists [i,e., pro, ineial kings] were entitled to 
receiye from their subjects from the noLle to the subaltern. 
It was in it also w('re [described] the bounds and meres of 
Ireland frum shore to shore,from the pruvince to the territory, 
from the territory to the bally (townlallll). and from the bally 
to the tntiyicl of laIH1. These thing!> are conspicuuus in the 
Leabhm' '1/((, h- Uidlu'i. They are also e\"i,lcnt in the Leab!wl' 
D,j 1l'n ..,lwnc/w ,'{(t." 
Upon this passage Dr. Petrie remarks, "This detail, it 
must be confessed. has but little agreement with the meagre 
and unsuspicious accuunt given I.} Tît'ghernaeh. On every- 
thing stated Ly the Four :Masters the earlier annalist is 
silent, except the notice of tlw cause of his death, anù even 
in this what is duuhtfully }JIlt hy the one, is made positin- 
by the others. Whether, howe\"cr, these details arc true 01 
f
tlse, or in whatever dcgr('c they 11HtY he so, it is due to the 
character for veracity of tlw Four )'Im;ters to mention. that 
they fOUIlll what at least appeared to th('m 
uffi('ient f'videllcP 
Ilpun which tu g;rouud their statenu,uts, in ,-ery ancicnt ,locu- 
IllClltS. Tlw additiunal fads of importance stated by the 
Four 1Iasters arc three :-1, that Cormac was t111' ;Iutlwr of 
tIll' aneiellt trn,ct c.'1,lled T"(/!JW3C WI Ri(Jy", ur Illstruetioll of 
the Kings. 
. That he was th(' authur or compiler of la,,'s 
which remaineù in furce alUong tIlt' Irish duwn to the sen'll- 
te('nth celltury. And 2. That he cam
ed the ancient f'hronicles 
of the cOlUltry to he cumpiled in une volulUe. which wa__ 
nften\anls calletl the Psalter of Tara:'. 
The tir:-öt amI thinl of tllI':-öe fact
 are haF;ecl UpOll the 
t",ixt('ncl' of wurks knowlI l,y th(' lU\J\I,'<; llll'ntioIll'd in thl' 
tl'
t, and the secowl is hased l,y Dr. Petrie npon Ow exixt- 
l'nce of the Book of Aieill. He came tu tlH' conclusion tlmt 
at the date of the Four Mastl'rs no trustworthy tral1itiolls 
could well have b('en preservc,l whidl might form a grolllltl 
for the statemcnts of the .l1lualistx. Tieghernach was sepa- 


. J':..sa
' on th.. Hi"tor
' m,,1 Anti'jniti"8 of Tina ITilL p. ;\!), fran,"ctioll' 01 
th
 R.I.A. (Allti'llliti..
). ,,,J. ,,\iii, 



BOOh OF AICILL. 


dv 


rated from the era of Cormac MacAirt by a space of eight cen- 
turies, the F our 
Lasters by a. period uf thirteen. Tieghernach 
::;tood in the same relation to the era of Curmac H'I a writer 
nf the reign of Henry II, did to the arrintl of the Saxons, 
fl"Om which date we are not much more removea than were 
the Four )[a"ters fl"Um the reign of Cormac. A reference to 
the eady history of Greece. Rume, or England. at once show:'! 
the great improlJability of the correct tramnnission of any 
authentic tra<lition for such a period, evell under circum- 
stances mure fanH1rable for its pre::;ervation than Ireland e\"f'1" 
afforded. It must be allmitted that in the illtervall.ctweell 
the date of Tieghemach ana the \\ul"k of the Four )laster:> 
lllUlleruus Irish authors rdel" to the greatness of Cormac, not 
only as a king, Imt also as a jmlgt.. Their "ilenee as to the 
authorship ofthe Buuk of Aicill cannot be much relied on as 
a proof that the Boo]" of Aicill aillllot then exist, becau"c 
that wor
 may have heen eOllsilh'reå as tIlt' production of a 
P.lgan author, while the benchus l'[or, stmnpell with the 
authority of 
t. Patrick, may h::\"e assUlm.d the position of 
the authoritative Irish cude. On the other haml there is 
not, as far as can be a:"ccrtaincd. a positive a"sertion in sueh 
authors. that the Boo
 of Aieill, an ackno\\ Ic.1ged wor1.. of 
('ormac, \Va" rt'cei,'ed a::; an actual le
al authurit.'". The 
Fuur )last,'r:< and Dr. Petrie therefore re,,;L the a:,,:sert.ion 
that ('orm:tc was the author of certain la\\s upuu those 
existing works \" hich were a
lL'ged to han' IJeen composed JJ
 
Cormac 11:,c Art, anù it is upon the interual evitlt'III.'e ofthl''';(' 
works that the reputatiun of C:onnac UlUst l"c.;t. 
Unduuhh
l.11y traditio)Js existed as to the litemI') reputa- 
tiun of Cormac, but whether they had an) solid hasis i,., 
It puint difficult to be proved. The author oi the O
) gi'" 

oing beyoml the :"tatements of the Four J[a:"tel"
, inforllls us 
that there were three sdlools instituted by ('ormac at Tara; ill 
the first wa<; taught military discipline, in the :o.econd history, 
and in the third jurisprudence. O'Flaherty wrote in tll<: 
:seventeenth century, thirteen hun.lrcd ,) ear" after the event. 
and cites as his authority a poem of the fourteenth ceutUl"). 
cleven huudrcIl ye:trs nftel" the reign c.f l'orlllac, 
\.s to 
which pOCHI I )1'. Petrie remark,,;, "The gem.ral silence of all 
other ancient authorities is in it<,elf a rJ'('<"lIl1lptiw !'vidence 



dVl 


IXTRODCCTIOX TO THE 


either that O'Flaherty has mistakf'n the ,,;ense of his author, 
a" in the instance of .M U7' Ollu ndw 1/, or that the old poet 
had indulged in tl1(> comlIlon Bardic propensity to exagger- 
ation."* 
The history of Cormac :MacAirt, as contained in Keating, i... 
in itself a proof that the lIlode in which history was then com- 
posed on the Continent was not altogether unknown in Ireland. 
Dr, Keating's work was for Irish history what those of Du 
Haillan and AUtIigier were for that of France. It would per- 
haps be difficult to fin!l a more extraonlinary instance oftl1(' 
growth of tradition and its gradual expansion than Keating's 
account of the death of Cormae, as contrasted with tl1(' nar- 
ration of the sallle occurrence in Tieghernach, The com- 
parison of the hIinding of Cormac in these two authors is 
a further instance of the manner in which the recite'll of the 
original annalist coulll, in process of time, be amplified. :::-ìueh 
exaggerations need scarppl.v to ne )'(.felTP(1 tn ('ven for tIll' 
purpose of ponfutation.t 
IT pon the internal cvidence nnly contained in such a work 
.j" the Book of Aicill, can any conclusions he based as to its 
date Or authorship. It m\1st be remembered that then. 
f'xists no cotemporary evidence of any of the fåcts of earl.'" 
Irish history; no inscription<< or coins enahle \1S to fix dates 
or to identify personages. The only trustworthy evidence is 
the existing testimony of manuscripts which are themselves 
spparated by centuries from the transactions treated of, and 
are entitled at least to no more credit tll:ln cotemporary 
Continental authorities. 
Assuming the assertion of the Four Ma<;ters as to the 
legislation of Cormac to be hased upon the Rook of AiciII 
itself, let us inquire of that work what ground
 it affords for 
the opinion that it was composed by Cormac, anù in so doing, 
let us assume the proposition-a proposition by no means 
unquestionable-that not only was the art of writing known 
to the Irish in the third century, but that it was customarily 
used for the record of customary law. 


. Hbtor
. and Antiquitice of Tara Hill, page 4U. 
t In j u,tice to the authors of such highly-coloured etatements, it must howe,'er be 
borne in mind that worke extant in their time, and OD which they may have relied 
"" lIuthoritit'e, ha'-e sinc. disappeared, and are probably altogether loot. 



BOOK OF AICILL. 


clvii 


TIll' Rook of Aicil\ contains not only the scntt' lit;(/' a
l.riheJ 
fq UOJ"llmc, hut also those attrihutctl to (. 'elHlfacladh t he son 
of 
\ild. 
\.s the lattA'I' is stated in the text to han' learnell 
law whilst laid up in consequence of wounds recf'in(l hy him 
in the LattIe of 
Ioim .'-.D. ü4
, it is evident that his part of 
the work cannot have been composed until at least four 
centuries after the death of Cormac, that thereforc tlw 
earliest I',"il\pllce of Cormac's having been the author of 
certain legal opinions cannot he placed prior to the end of the 

eventh cl'ntury, and thllt the only part of the \York ascribed 
to him is a certain portion of the text which is entirely in- 
dependent of the introduction and commentary. 
The 1'01(' authority for the statement that thpSI'I<r"tcnt;o' 
are dcrin.d from Uormac, rests upon the evidence of the 
editor who composed the preface and arranged the work. The 
nmne, date, and residence of this editor are unknown, nor 
cloes he givc us any hint as to the grou]J(l" upon which he 
attriLuted any portion of the work tu Uorlllac; all that 111' 
ean be admitte(l to prove is, that (It thr {late of the co",po
i- 
lion of tlir 7"01'1.., as it has come (lown to us, certain legal 
maxim
 emLodied in it were popularly attributed to Cormae. 
The value of such popular tradition necessarily depends upon 
the interval of time by which the fact testified to is sepa- 
rated from the trallition which asserts it, and the existencc 
of surrou]J(ling ciJ'culllstanc('s which tl'IHl to preserve a 
tradition unaltered. To l'stimate thc ntluc of the popular 
opinion testifit'd to hy thc editor, the date of thc redaction 
of the work itself IHust Le fixed,"" 


. It is hut ri
ht here to "tatp the l'"hli-1....t opinions of the late Professor O'ClIrry 
a_ tn the 1\ook of Aici\l:- 
.. It i. not probable that IIn
"I.I\\ s lor enactment. for
,'ed at a later period, could b
 
impooed on a people who possessell in such abundance the means of tcslill/; the 

cn\1incnc

 of their ori
in. hy recOllr
e tn other tlonrct:'s of information; :.nul the 
-.Ime arg;uments which apply in the case of the 
altair of Tara, may be u<ed in re- 

ard to another w,>rk as.,igned to Connac, of which mention will be presently made. 
Xor is this all; hut there is no reason whatever to deny that a book, such as the 
Saltair of Tara is representell tlo have been, was in e...istenee at Tara a long time 
heforc Cormac's reil.,'n; allli that ('''rmap only altered aud enlarged it to meet the 
circnmstan('es of his own times. 
The...e barll. amI druids, of whkh our ancient recortl. make such frequeut men- 
tion. mlht have hall some mOlle of perpetllatin
 their arts, else it would have beeu 
impo<sible for those arle to have been trausmitted so faithful1y and ful1
. as we 
knnw tlwy were. It is true that the 
hllient in the learning of the Fil': is said to 



MTiii 


JXTRODrTTIoX TO THE 


Tlw date of the redaction of the work may hc testcd hy 
the contents of the introduetion, the eonrlitioll of t.he lan- 
,!:nagc, and the nature of the custonmry law embodied in it. 
Upon nom' of these points however is it possible to draw any 
(lcfinite conclusion. In the introduction the author attempts 
to deri'Te the word eif!Jc,[ from Hebrew. Greek, and Latin 
roots respectively. What are the derivations which he ha<; 
filiJed to explain is immaterial; this however is certain, that 
he wrote at a time whpn t1wre existed, or rather there wa.<; 
professed, ROme knowledge not only of Latin but also of 
<1rpek and HC'brew. He was further aequainted, very im- 
pel.feet!.' illdepd. with thp r-dlOl:istic logic. Tl' what earliest 
date in the case of a work compo
ed in Fmltce or England 
during the mirldle ages wou Jrl such evi(lellce point 1 \V ouJd 
such evi(lencc in the cas.. of :t work such as the intro- 
duction to tlw Book of 
\icill composell in Irebml point 
to a higher or lower daÌt- than in thc ea<;(' of a. similar work 
composc(l in France or England? In eonsidering" the latter 
qnestion, it must be borne in miud that the work is a purely 
native production, and that its date shoul<l be tested with 
referenee to the lcvel of knowledge existing in Ireland. not 
with rcferem'e to that of Irish scholars settled or met with 
on the Contincnt:'.' The silencl' of Tieglwmach upon thl' 
snhjf'ct is also negative evid..nce of the utmost weight. 


have "pent 80me twelve years in stud.', before he was pronounced an adept: amI 
this may be '!'pposed tl> impl.' that the instruction \\a" verlJIII; but we have it 
lrom "lIrious writer., e'.en a" late ". the sixteenth and se\ enteenth {'enturies. that 
it was customary \\ith the medical. law, allli cÏ\"iI sturlents of these timcs. to read 
the classics and stut.!.' their profC"sions for t" enty .'-eal'>'. * * 
.. There still cXbt8, [should st.lte to you, a Law Traet, attribnted to Cormac. 
It is called the Book of Acaill, amI is alwaY,i found anne'Ced to a Law Treatise b
. 
Cffinf&.lad the leamed, who died in A.D. 6;;. . * (Yide preface to the Book of 
Aicill in the present Y ohune.) 
"Such is the account of thi. curion. tract, as found prefixed to all the eopies of it 
that we now know; and, though the composition of this preface muet he of n much 
later date than Connac's time, 8till it bears internal evidence of gTeat antiquity."t 
. The study of Greek does not seem to ha\"e heen very "uece.,fully pursued iu 
the Irish schools of the tenth century. The s('holar8hip of the anthor of the 
Glossary of Cormac was very limited. Mr. Stokes 8peaks of .. the extraordinary. 
ignoranc{' of Greek evidenced by the composer (of the l
losSllry), which, even at 
the beginnin
 of the tenth <,enturJ', would startle Qne in an episcopal countryman 
of Johannes Scotus Erig-ena." (Old [ri<ili GlosMries, pa
e xvi., and note.) 


t 1\JS. Materials of \nci,'nt Iri-h History. p. 48. 



ßOO1-- 01" An.ILL. 


('Ii" 


The application of what may be called a philological te
t to 
an ancient c1ocument, with the object of ascertaining the date 
of it
 compo,>ition, i
 a. proce
!\ of ,('ry great difficulty amI 
requiring e
treme caution. In thp first place' we must bl' 
celiain that the document so treated preserve') tbe 'Ïps1.ssim{1 
!'('/'brt of the original author. This essential requisite is pos- 
sessed alone by lapidary inscriptions and coins. The decrees 
of A:::oka, the rock inscriptions in Kor:-abad or the 1Ioabitp 
in<;cription, present respectinl
' the speech oftheir authors in 
the minute
t details; hut a manuscript ha<; bcen probably 

ubjeeted upon ('ach fresh tr:mscription to a con<;tant cour.;c 
of pmpndatioll.* In the case of works of practical utility, 
snch as the present tract, a.<; long a<; the original text was 
tolerably comrrehen
ihle, each sucees::;iv(' scribe would a
- 
similate it
 grammatical f(u.01s to the cun-ent speech of thl' 
period; and again, after the original work had ceaserl to be 
unrle'rstood by ordinary readers, th,' ancient text would be 
sul
iect to uninte11igent conuption. The philological con- 
rlition of :Lny manuscript. sueh a-; those of the Brehon law. 
rcpresents therefore a state of t1w language sUhsequent to the 
date of the original work. .-\s8u01in:; that the document 1'1'- 
tains its original fonu, its philological condition is useless ill 
fixing its date, unless WI' p(l
SI'SS unaltere(l rlocuments, the 
da,te (If which can be actually and imlf'pendentlyasceliained. 
In the case (If most European countries, this rCf}uisite is met 
hy the e:J\..i:,tencc of lapidary in-;eriptions anrl cnin
, by the aid 
of \\ hich the form of the language a.t distinct dates can be 
satisfactorily c
tab1ished. It cannot be too often remarked 
that such documents arc wholly unknown to Irish anti- 
quaries; we possess no lapidary inscriptions, the ùates of which 
can be fix{'(l.t and no roins whatsoe,-er. Then, the more or 
less archaic form of thp language of any Irish document does 
not afford any indication of its flate, as we have no mean!'; 


. In the M
. H. 3-1 i, p. 15i, the <tatement i8 made that it was changed 
from hard original Gaelic and put into fair Gaelic by Gilla-na-Xapmh, son of 
I>unslavey Mac Aedhagain. See SenchU8 lIJor, vol. i., p. x-xxvi. 
t The Ogham inscriptions, in the deciphering of which some progress haø been 
made, are too short and undated to form the hn.is of any philoIogi('aI induction. 



dx 


TXTROIICCTIOX Tn THE 


of constructing any chronological table of the (.hang-es in 
the language. The b'Teater or less antiquity indicated hy 
archaic forms of a hlllguage depends upon the greater or 
less rapidity with which the language it",elf was developed. 
It is well known that the changes in different languag('s 
proceed at very ditterent rates. Before the introduction of a 
uationalliterature the fluctuations of language are altogether 
uncertain. Among some barbarous tribes, members of the 
same community, separated rluring a very few generations. 
are unalJle to hold intercourse with each other; on the 
other hand, some nations pos.<;essing no literature have re- 
tained archaic forms with peculiar tenacity, as in the well 
known case of the Lithuanians. The languages eyen of 
nations possessing a national literature change at very 
varying rates; the Itali:m of Dante is perfectly intelligible 
to an ctlueated Italian, but an Englishman has to study the 
Yision of Piers Plough man almost as a foreign language. 
The archaic form of tIll' original text of the Brehon law, as 
found in existing l\I:::;S., ùoes not therefore necessarily imply 
any very great antiquity unless we are ah]c to identifY its 
grammatical and philological forms with those of works t]II' 
date of which ean be proyed by extrinsic evidencc. The fir
t 
step to this impOltant result has undoubtedly been taken in 
the treatise of the Cavaliere Nigra. upon the verse::, and glos"c" 
eomprisC!l in the Irish ){:::;. of St. Gall, the date of which is 
proyed from internal evi(lence to be between A.H. 
.)O and .\.D. 
869. 
 0 Sll bject can he lIIore worthy ofthe atb'ntion of Cd tic 
philologists, snch as :::;tokes am] !")ictet, thall an inquiry as 
to whethcr the original text of the Book of .Aicill (bupposed 
to be onc of the most ancient of the Breholl tracts) exhibits 
a form of the language Rntl.'rior or subsequent to the Irish pas- 

aaes contailled in the St. Ga1l11S. The crlitors are decidl.'dh- 
o . 
of opinion that the lallguage of the original te),.t of the Book 
of AicilI, as represented by the existing ?\I:::;S. accessible to 
them, is not older than the Irish of the St. Gall "MS.- .\t 


. It is impo..ible to conclude the consideration of the mode in which the question 
of the date of the Book of AiciII should he discussed witl10ut SOme referenct' 
to the work knt'wll as Cormac's Glossary-, "hich has been carefull
 edited b
- 



ßOOK OF \.ICILL. 


clxi 


the :sanll' time it mnst be remembered that the grammatical 
and philological condition of the text can only fix the date 
of the last revision, and that the original text may have exhi- 
bited a far more archaic form of the language. 


[)r. Stokes from material. preparell b
 the late Or. O' ùonovan; the te'tt being 
takeu from a :\1::\. pre-erved in the library of the I:oyal Irbh Acallemy. The 
argument>! in favour of the 
,,'reat antiquity of the ßrehon laws, a. found
d upon 
Cormac's Glossary, wou1<1 appear to be:-(l), that the e"istence of the Glos-ary, 
"hich contains numerous references to the Brehon law books, proves that the 
works referred to were to some e'ttent unintelligible in the time of Cormac; and 
(2), that in the text of the Glos..ary we posseos a specimen of the Irish language as 
it existed at the time of the author, by a comparison with which, the \'Cry archaic 
form of the Irish contained in the Brehon law books is at once demonstrated. 
Let us then consider ho" far the latter argument has an
' foundation in fact. 
Cormac, the son of Cui1enndn, boru A.D. !j31, was a priuee of Cashel, who, subse- 
quently ha
ing become the bishop of that see, "as slaiu in the battle of Bealach 
1Ilughna, A.D. 
!03. It is fir-t to beinquirell whether this CormacWToteany Glossary? 
and, if 80, whether that now publi-hed under his name is authentic? \\"ithout enter- 
ing further into this question, let it be admitted, in theworl1s of 1I1r. Stokes:-"ûn 
the "holc "e IDay safely say that the proofs adduce.l in ti,e fomler part of this 
preface sufficiently show that the greater part of "hat is commonly called Cor- 
mac's Glossary was written in the time of Cormac, or at least witnin a centur}' 
or 10 after his de'lth." If it be satbfactorily shown that the work in question was 
composed in the tenth century, it is immaterial for the preoent question who was 
its author. But does the published edition e",hibit the text of the work as origin- 
ally composed? So far from this being the fact, both internal and external evidence 
demonstrate that the text as it exi<ts differs, e'1' wiiiely from that of the original 
work. We may with confidence refer to tl>e opinion of Mr. Stoke :-" At fint 
sight all merel
 acquainted with the old Irish Glo<oes, published by Zcuss, and 
with the old Irish passages preser\"ed in tl>e 1300k of -\.rmagh, "oull1 he apt to 
conclude, from the comparati
 ely modern orthography of our text, from the de- 
clensional mutilations of the article and nouns, aud from th. absence of pro- 
nominal infixations in the ccmpounl1 verbs, that it could not possibly lay claim to 
Ii greater antiquity tl>an the fourteeuth or 'fifteenth century. But the spelling of 
the fragment in the ßook of Leinster is tolerabl
 pure, and there the declen- 
sional forms are quite Zeussiau." Again, IIlr. Stokes remarks:-.' It may. 
hO"lever, be said that all through the Glossary the spelling and the declensional 
and syntactical forms are quiteIlHddle-Irbh. . . . . All these modernisms, how- 
e' er, weigl> little witl> anyone familiarwitl> the libert). whicl> mediæ
 al Iribl> scribes 
allowed themselves in making the grammatical forms of the manuscripts from 
wl>ich they trauscribed agree with those of their own time. In the present in- 

tance, too, many of these late forms are represente(1 by ûlù- Irbh fonns iu the 
corresponding passages in one or more of the other codices." 
The present text of the Glossary represents then the Iri_h of the fOllrteenth or 
fifteentl> century, to which the text of the date of the fragment in the Book of 
Leinster (.:>f the twelfth century) has been gradually conformel1. But doe. thp 



clxii 


IXTRODl:CTION TO THE 


The more or less archaic form of the la \\ s contained in any 
:lIIcient law tract afford:s no means of fixing the date of the 
original text. The rate of change in t.he social condition and 
legal forms of a community is even more uncertain than the 
I'll te of change in its language. \Vithout external evidence, of 
which on the present occa"ion we are wholly destitute, it is 
equally possible to conclude tlmt the date of the text is very 
remote or that èLn archaic sy:stem continued for a long period 
without lllodifi('ation. 
'Ve have no means of ascertaining how far the introduc- 
tion to the Book of Aicill represents a genuine popular 
traclition of the acts of Cormac l\IacAirt; upon this subject 
we can form no opinion until the date of the original text 
and introduction can be D.xeLl by independent evidence. It 
is howenr noteworthy that the Annals of Ticghernach are 
quite inconsistent with the statement that Cormac l\IacAirt 
after his wound retired to the hill of Aicill, and henceforward 
lived in seclusion. The interval between his blinding and 


text, of which a frob'went iò preserved in the Bouk c,f Lein8ter, represent the 
ori!,'Ìnal text of the tenth centur
? "'hat reasou is there for believing that the 
text as it e>.iòted in the t\\elfth century h",} nut been previuusly submitted to the 
.ame influences by which we know that it was subsequently modified? Are there 
ground, for belie,iQg that, the Oliginal tc>.t of Connac's Glo.sary was much 
mõre modem than, or differed much from, the Irish of the Brehon Law Tract:!? 
To the supposition, that the Irish of the Brehon Law Tracts is not necessarily 
older than the niuth century, the objection may be madc, th,lt if the Irish of the 
llrehon Tracts be not older than the ninth century, what reason could there have 
heen for the explanation of some of the ternh of those la\\ s in a glossary'bf the tenth 
ceutury? To this it may he fairly replied, that the compilation of a gloo'ar
' of the dif- 
ficult tcrms contained in any specilic \\orksl'ro,-es not that the general text of the 
works in qncotion had become obsolete, but thlit the text, while remaining generally 
comprehensible,containell certain archaic phro1ses and word8. The time within which 
any book wouM require a glo-so1ry for the u.e of the student depends also toa great ex- 
tent npon the 8ubject-matter of the book itself. Some \\orks, from their very nature, 
are lilely to contain words archaic, and requiring e..xplanation even at the date of their 
cumpo,ition. A c'llIectiun of tr..ditiouary legal maxim. and l'rofe-sional comments 
upon them uecessarily includes numerous \\ords which have falIen out of ordinary 
use; hence a glossary may cite archaic \\ orili from a contemporary law huok. An 
English philologist of the scventeenth century might have drawn largely upon 
Coke or Littleton. 
The Book of AicilI is not cited as an authority in Cormac'! Glossary, but the 
Senchus III ór is referred to, and it seems to be generalIy admitted that the Book of 
Aicill is if not lIIorc ancient, at least not more modern than the benchus 1I1ór 



nOOK m' AICTLT. 


clxiii 


death in Tieghernach is vcry small, both eVl'nb:! being plac('(l 
in the same year, and to this period arc attributed his foUl" 
victories over the Deisi. It must be admitted that the Vel.Y 
uncertain and fluctuating chronology of early historians 
renders it impossihle to rely with confidence upon such 
an argument. Early Irish chronology was involved in almost 
inextricable confusion by the difierence of (lates employed, 
some chroniclers using the era, A.P., or year of our Lord's 
Passion, while others employ('(l the era, A.D., or year of our 
Lord's Incarnation. Hence arose difficulties and (loubts 
even as to the date of St. Patrick's arrival in Ireland. Vide 
" Senchus :MOl'," vol. ii., Preface pp. xxv., xxvi. If however 
it should be proved that there is no more evidence that 
the portion of the Book of Aicill attl'ibuted to COl'mac 

rac Airt represent,> the genuine decisions of that cele- 
brated king, than that Kuma was the author of the in- 
stitutions attributc(l to him, thc fact that the traditional 
fame of Cormac wa
 snfficient to cause his name to be at- 
tached to the ancient customary rules of the Irish in the 
very important province of what lllay bc styled their crimi- 
nallaw, clearly proves how great was the impression which 
he made upon the minds of his cotemporarie<;. Nor is it 
surprising that the most ancient customs of the nation bore 
the nau1P of the king, who, having been a wanderer in 
foreign lands, might have easily become acquainted with the 
use of letters, supposing them to be not generally known in 
Ireland at the time, and have been enabled, as early tra.li- 
tion expressly a<;selis, to intro.duce into his native land the 
useful inventions which were practised by the Roman legions 
in Britain,. a king whom the popular traditions of the Chris- 
tian period strove to exempt from the doom in which their 
Pagan ancestors were involved. 


. The introduction of the water-mill into Ireland was attributed to Cormac. It 
had been invented by :!IIithridates of Pontus, IInd WIIS doubtless in use at the Roman 
m::itary stations in the prm'ince of Y"lentia. See the poem ascribed to ('uan 
O'Lochain, quoted from the }IS. H.3 3, T.C.D.. by Dr. Pet1'ie, in the Hi<toryand 
Antiquities of Tara Hill, p. ].1,7, lines 6-1!J: and also, The l'ari<h of Templemore, 
in the Ordnance Survey of Irelan". 



l 


.. 



APPENDIX TO THE PREFACE. 


TIlE :\[S
. from which the Irish of the present volume 
has been mainly obtained are the collections mark
d H. 2. 1 
, 
H. 3. 17, and E. 3. ;), in the library of Trinity College, 
Duhlin. 
A few RhoTt passages, words, and phrases have heen 
taken from the collection of )'fSS. markell H. 3. IS, in tlw 
library of Trinity Colle
e, Dublin, from the :MS. markefl 
Egelion 88, in the British MUReumlihrary, from one markefl 
Egerton 90, in the same library, and from two :\155. in the 
library of the Royal IriRh Academy, marked respectively ill 
the Breholl Law transcripto;;, 
J. 
 and 4
t G, but known in 
the new classification of the )[55. of that institution, the 
fonner as :. , and the latter a') P
3 . These passages, &:c., .\::"., 
have bepn introduced in the way of interpolation where 
they contained any matter not found in the thn'e 1I

{ tir'>t 
mentioned. 


Of the )[55. made use of for this volume the two in the 
collections H. 2.13, and H. 3.17, furnished almost the entire 
text, glosses, and commentary of the f'orus Bescna, the 
concluding part of the Senchus 
Ior. Afae-simile specimen 
page of each of these 115S. was prefixed to the second 
volume of the Ancient Laws and Institutes of Ireland, amI 
they will be found so fully des
ribed in the preface to that, 
and also in the preface to the first volume of the same work, 
that it is unnf'cpssary to describe them at any length here. 


H. 2. 15, is a large folio volume consi:-.ting of 238 pages, 
wÚtten paTtly on vellum, partly on paper. The part treating 
of Brehon laws appears to have been written not later than 
the beginning of the fourteenth century of the Christian era. 


H. 3. 17, if:, a collection of 
I5S. forming a thick volume in 
small quarto, written on vellum. Its contents are miscel- 



dxvi 


APPE
DIX TO THE PREFACE. 


laneous, chiefly law tracts. It consists of fraoments of 
. 0 

everal books, written at various timec; in the fourteenth, 
fifteenth, and sixteenth centuries. 
The materials for the second and much larger part of the 
volume now issued to the public have been derived from the 
collection of 1\'[S8. marked E. S. .'J, in the library of Trinity 
College, Dublin. This collection forms a folio volume of 
about Ion pages, written on vellum about the first half of 
the fifteenth century of our era. The part transcribed and 
tran
lated for the Brehon Law Commissioners consists of 
twenty pages of very large folio, treating of Brehon laws, 
:md forty pages of smaller sized folio, containing the laws 
ac;cribed partly to Cormac Mac Airt, monarch of Ireland, in 
the third century, amI partly to Cennfaeladh, who flourished 
at a much later date. This latter part begins with a state- 
ment ns to the place of the composition of the work, it!': 
author, occasion, ð.:c.; the authorship is ascribed expressly 
to the two persons above named, marl".s being "pecified by 
which to distinguish the portion contributed by each. The 
nature and date of these laws have been lliscu
sed in an 
earlier part of the preface to the present wl]mne. A lac- 
8imile specimen page of the MR. is prefixed. 


The copy of the Book of Aicill contained in E. 3. .j, is the 
only known copy of that book at all approaching complet(>- 
nes
, except, indeed. one in the library of Lord Ashburnham. 
which is believed to be an earlier and, in some respects, a 
fuller copy, but which, unfortunately, neitlwr the Brehon 
I,aw Commissioners nor the editors employed hy them wel'l' 
enabled to avail themselves of, the rules of that nobleman.s 
library not permitting his collection of I\lSS. to be made u
e 
of for the purposes of the Commission. 
It would of course have been very desirable to collate the 
copy in Lord Ashhnrnham's collection with that in E. 3. ;;, 
T.GD., had the opportunity been affordeJ. Thpre is, how- 
ever, good reason to believe that little advantage to the 
student of ancicnt Irish law would have been gained by such 
collation. ina<:mlll'Ì1 as from an f''{amination of the contents of 



-, 


APPF.XIHX TO THE PREFACE. 


ch vi i 


that MS. as 
et forth at cOll
iderable length by Dr. O'Connor 
in the Stowe catalogue, and a.':> given al<;o by the late Dr. 
Petrie in hi
 History and Antiquities of Tara Hill. it will 
I,e seen that scarcely any article stated to IJe contained 
therein is ,..anting in thc T.C.D. copy, while severnl item", 
not noticed a<; existing in the Stowe copy, are found in thf' 
T.GD. 1Il
" or in the fragmcuts obtained from Egerton 8
 
and Egerton 90, in the library of British Museum, and from 
the llSS. in the Royal 'Irish Academy. Dr. O'Connor, in 
the catalogue above mentioned, speaks of the :\IK he wa" 
describing as a unique copy of Brehon law
' but as the 
present publication prove"', he "a<: on this point mi<;informed, 
The copy in E. 3. .'í, T.C.D., and the interpolations from the 

IS
. in the British Museum and in the Royal Irish Acadcmy, 
supply, it is believed, as complete a collection of the la\\ 
 
traditional1y, and doubtless in a great tlegrcc correctly. 
ascribed to Cormac "liac Airt and Cennf.'ldadh as the exi..,ting 
MSS. of the Brehun law::; can furnish. 


Egerton b8, a :\18. from which some assistance has been 
obtained in editing the present volume, has been fully 
described in the preface to the second volume of thc Senchu,'" 
:\101". It is a ..mall folio book, comisting of about 93 folios, 
the greater part in double columns, with a '-mall portion at 
the end in triple columns. It bears internal evidence of 
having been copied fur Domhnall ü'Davoren who, according 
to Professor Ü'Curry, kept a law school in the county Clare, 
in the year 15ü7, A.D. The p
rtions taken from it will be 
foun,l enclosed within bracket", and marked in the margin 
I)f this volume, from C. 
137 to C. 
(j03. 


En'erton 
IO fl.om \\ hich a few P ass<l!!cs havc been taken 
0' ....... ' 
is a 
I
. of a fragmentary character. It i" very probably 
a part of Egerton 
8, or of some other of O'DaYoren's boolo.. 
It consists of eight leaves, and treats of various law matters. 
The portions relating to the subjects discU'S<;ed in the Book 
of Aicill, and containing matter not found in the 
IS. E. 3. 5, 
have bcen interpolated in their proper place
, They f01"l11 



ch viii 


.or 
part of the transcripts made by Dr. O'Dnnovan, and will 
be fuund referred to in the margin of Y uI. III., between 
O'D. 1936 and O'D. 2019. The fragment" of Brehon law!> 
in this MS. arp apparently portions of different books, the 
first part having fin.med a portion of a large octavo, or bmall 
quarto volume, and the second part a portion of a small 
folio. Both parts have ornamental capital letters; the 
first has fewer accents but more frequent marks of aspira- 
tiun; the second is written ill a smaller and neater hand. 


_UPE
mx TO l'RE PREFACE. 


The _\l
. markpd in the .Brehon Law transcripts as R.I.
\.. 
3.j. 5, i,; a small parchment folio of fifty-two pages which are 
mere fragments of different books, written apparently in the 
sixtef'nth century, and containing laws and l"{.gulations on 
various subjects. It has been copied in the O'Curry tran- 
scripts. The portions interpnlated from it are marked ('. in 
the margin of the Book of Aicill, as published in the prC':,>ent 
volume, with an Arabic Humeral indicatiug the page of the 
O'Curry transcripts where the part interpolate<<l is to he 
found. 


Th..' )l
. now marked i'
. in the lU.A. collection, amI 
formerly 43'6 is a folio volume, written on vellum, and treat- 
ing for the most part of religious subjects, but contn.illing at 
the cud two small fi'agments of difièrent law boo1..s, in a hand 
apparently uf about the middle of the fifteenth century. A 
copy of these la" fragments is contained in the O'l'urry 
transeript,.;, from pagp 1862 to page 1940. The portions in- 
terpolated from this )18. in the present volume will be found 
within brackets, and marked on the margin at the begin- 
ning of each interpolation with a numeral indicating the page 
of the transcript where such interpolation is to be fouml. 


The te"t of the "Volume now given to the public has been 
settled on the plan so fully described in thc prefa,ccs to thl' 
two volumes already published. The whole oÌ it (with the 
exception of a few short and comparatively unimportant 
passages) h:ts lJeen taken from Vr. O'Donovan's transcripts. 



APrEXDI
 TO THE PREFACE. 


clxix 


It has been carefully collated with the original )}:::;B. in every 
instance. The interpolations are all such as that distin- 
guished scholar recommended, and are placeù where accord- 
ing to the best of his judgment they ought to be introduced_ 
The h
ngthening out of the contractions which occur in the 
original MSS. has been given everywhere on his authority 
and that of Professor O'Curry, who were perhaps of all 
men that have lived within the laRt two centuries, the best 
authorities on all matters connected with our Irish 
SS_ 
preserved in this country. 


With respect to the translation of the present volume, it 
is to be understood that the preliminary translation made by 
Dr. O.Donomn for the Brehon Law Commi8sioners has been 
made, throughout, the basis of that now published. The 
translation of the first tract, the Corus Bescna, or customary 
law, he did not live to revise. It has however been carefully 
re,-ised throughout; some worùs and phrases left untranslated 
have been rendered into English after mature consideration, 
and a diligent e-..:amination of all availahle glossaries, as well 
as of passages elsewhere occurring in the Irish laws wherein 
the "ords and phrases in question were to be found. Both 
in this tract and in that which follows, as also in the two 
volumes already published, a few terms of a technicalcharact{'r 
for which it was difficult to find a precise equivalent, have 
been left untranslateù, and marked with inverted commas. 
As the work of publishing the remainder of the Ancient 
Irish laws proceeds, there is réason to hope that light will 
be thrown on passages now very obscure; and at the con- 
clusion of the whole work it will not be difficult to supply 
a glossary of all such words and phrases as it may have 
been deemed advisable to leave untranslated before. This 
course was followed in the publication both of the Ancient 
Laws of Encrland and of the Ancient Laws of Wales. In- 
'" ' 
deeù a comparison of thesc latter works with the publi:-;hed 
volumes of the Irish laws will show at a glance that the pro- 
portion of words and phrases left untranslated in the latter 
is much less than is the case in either of the furmer. 
m 



clxx 


,\Pl'KSDlX 1'0 TIlE PREFACE. 


As regards the second and hy far the larger portion of the 
volume, the Book of Aicill, the editors had the advantage of 
the views and suggestions not only of Dr. O'Donovan, but. 
also of Professor O'Curry. The Book of Aicill was translate.l 
by Professor O'Curry for the Uoyal Irish Academy 1'0 far 
hack as the year 1843, with a view of proving the possibility 
of translating the Brehon Laws. It was afterwards trans- 
lated for the Brehon Law CommiHsioners by Dr. O'Donovan. 
Owing to the great difficulties ill the translation of the law 
terms of these earlier portions of the Ancient lriHh Laws, 
the two translations preHented considerable differences, and 
a large number of law terms was left untranslated. The 
.lifferences in the translations were collated by Dr. Hancock, 
the first legal Editor, and his assistant, Mr. Busteed, now 

T udge Busteed. These differences were brought under the 
notice of Dr. O'Dono"an and Professor O'Curry, and on care- 
ful consultation, a revised, and what in many cases amounted 
to a new translation, of a large part of the work was made. 
With the aid of the light thus thrown on the interpretation 
of the law terms, Dr. O'Donovan translated a large number 
of the worù" which had been lett untranslated in his first 
draft. The translations made by Dr. O'Donovan under these 
circumstances were subsequently ma.de use of in revising the 
whole of Dr. O'Donovan's translation. A portion thereof, 
about three sheet,>, was set up in type, and even reached a 
!\ecolHl proof. On these sheets remarks werc made by Pro- 
fessor O'Curry and Dr. O'Donovan; and suggestions were 
offered as to the manner in which the work should be edited. 
Dr. O'Donovan had rt'viscd more than half the Irish in MS., 
and had arranged as to the portions to be interpolated, and 
the places where they ought, according to his judgment, to 
be introduc
d. \Vhen the work had reached this stage, the 
Commissioners adoptt:'d the plan of separate instead of joint 
Irish editorship; the Senchlls 
lor was entrusted to Dr. 
O'Donovan, and the Book of Aicill, on which Dr. O'Donovan 
and Professor O'Curry had done so much, was postponed. 
After Dr. O'Donovan's death, Professor O'Curry completed 
t he revision of the Irish MS. of the Book of Aicill, but tIll' 



APPENDU, TO THE PREFACE. 


clxx i 


plan of publishing it under his editorship was prevented by 
his death. Of all that had been done on the work by the 
eminent Irish scholars whosc premature loss the lovcrs of 
Irish literature must always deplore, the present editors have 
bad the advantage, an advantage which they thankfully 
acknowledge to have Leen ofthe utmost value to them. Dr. 
O'Donovan's translation of the Book of Aicill revised as above 
explained, has been substantially followed, such alterations 
only being made as it may reasonably be inferred from the 
pages corrccted by him in proof he would himRelfhave made. 
had he been spared to revise all the proofs. 


\ 



CORRIGENDA. 


Page 3, side-note, for Irish contracts by w(wd of mouth read Ir. COfItract. of 
mouth. 
7, line 23, for 'is known' read . is dûcot7ered.' 
13, " 26, for . absconding' ,'ead . request.' 
15, " 6 from bottom, for 'According to' read 'Subject to. ' 
19, for' security' read' "arranty.' 
21, line 6 from bottom, for' a collection' read' the assembl}'. 
33, " 6, for . in each' read 'in the.' 
35, " 13, for 'state' read 'position.' 
39, " 12, for 'the first lawful wife' reed' a lawful first wife. 
43, last line, first word, for 'cows' read 'seds.' 
49, line 25, for 'if it be' read 'if he be.' 
62, " 6, tide comma after 'oryenum.' 
63, " ! 4, after 'every' read ' ouc.' 
66, note I, for 'note', page 32, ,'ead 'note I, page 28.' 
91, liue 4, for 'in Irish' read with the . Irishian.' 
107, note ., for 'pingims' read' pinginns.' 
" 128, line 1, for 're01p.' read reolp.. 
151, " 23, for . anfolam' read' ansolam.' 
155, " 5, for I; said' read I; aøid.' 
., 358, note I, for 'read' put 'reads.' 
" 381, line 4 from bottom, for 'beef' read' the beef.' 
" 400, note ., for 'of the owner' read 'to the owner.' 
463, line 25, for 'chattel' read . sed.' 
" :>39, ,. 18, for' mulct is paid' read' airer'-finc is exacted.' 


" 


" 


" 



VOL. III. 


8 e 11 C 11 U 8 m 0 R. 


SE
CHUS MOll. 


PART III. 


B 



tI 
E 
C 
Þ 


1137 
H 'Zo. IS" . $'9 eo, -l (D'l},) 4 J'l{-l - 1
7 ) rut 10 1íï.fB' i' 
rf.3.17 Vt3-

1J. (D'/) '" 
2-C;) fnrw'- h

,frv.j-
;;:r
 
) L c & '3 t. - 
 
 b ) )'frÞ>fM fr tAw-t. 
f:: 
ij. 3 ,,, ' .1ftt w -1
2-A,. . . 

_ 
. J --- 


t 
'----rr 
H. .,. f'1, 4'37. [Ö',(j 5')-4) 7
 


8eHcnU8 mOR. 


+ fro. 'If 


corws ùeSCl1 C(. 
('t:
1Ii- A. Co hcfttp,a;sap, a cottmb bet, a1t 1f bmte"Dach m blrh 
AllY LAW. 
- muna ap:m:::mf CUltt bet? 


Cop.ur bercna .1. cOllt relr, relrc01p. 111 b(q::eru snue no mb111'O: 
Co 11up.p.usap., C11l'Our mp.SIt1p.11e rop. t:p.ebmp.e co C01P. 0 betmb. ((p. 
'1' bUlte'Ouc11 .1. Ú1P. p.o bu'O elotuc11 u bu, a tnmt:11 Ifln blt:11, munu 
t:lf'Oatr co 11umr 'Oa art:ui> na CUIP. tucu'O p.lr co COIP. 0 betmb. 


B lO
3/3) 


Cop. 'Ða rochon'Ð co fir ocur t;p.ebU1p.e '1' t;a1t;hmcchra p,e 
cet;hop.a hUa1p.mb flchcL' U1tf': '1' arrame 0 cerheop.a ua1p.lb 
flchet; amach. 
COlt 'Ða rochon'Ð cen fir, cen L'p.eba1p.e. '1' t;a1t;hmechn( (( 
'ÐIUÙa1P.t; l11te co P.a1t. 11u p.e 'Ðcchmame 1ap. pr a 'Ð1tlùap.ra. 11' 
tan'Ð1t1r ua"Ò tap. n'Ðc('mm'Õ. 


COtt 'Ða fOëom) cen fir co T:p.cba1p,e,)to ra1s teaTh a 'Ð1ubap.t;a 
co 'Ðeèmm'Õ tap. Pl'. 


Cop. 'Ða rochonn co fir cen L'p.eabmp.e, '1' arL'((1'Ðe quan a 
'Ð1ubap,t;a a11te 1att ceL'heo)ta hUa1p.a1b flchct;, p.o ra1s 'Ða L)t1Un 
a 'Ð1ubap.t;a co "Oeëma1'Õ, no 'Ða <tuan a cunp.a'Ð(( ma'Ð V'ttp. twr : 
ocu1' '1' e t;p.tan caë COtt 1IIbct 111 ram. 'Cp.tan cop. mbet 1m01tp,(( 
t;p.tan a 'Ð1ubap.t;a. 


C 1J?tr 


Cop. 'Ða roëonn cen fir cen L'p.eba1p.e. ocu1' p.o cum'ÐIS a 


1 Corus Belcna,-In O'D. 18, this is called Cain Corwla Bucnu, and said to be 
the fifth book of the SenchuB ],[or. 
I O'D. 313. adds here :-" And this was the security of extern people." 
I The third of the fraud.-In O'D. 793 and 794 the following commentary 
occurs:-" The third of the express contract, i.e. the third of the thing which one 
gives away by proper express conveyance. In a contract of two sane adults with 



SENCHUS MOR. 


t:' CORDS BESCNA,' OR THE CUSTmlARY LAW. 
H O'V is one bound by express contract
: for the CnHTOM'- 
b .. . ARY LAW. 
world would e evIlly sItuated, If express - 
b . d . " & Irish 
contracts were not In Ing! cont,'act. 
Corus Bescna, i.e. the true rule ('coir seis') of the pleasallt Or delightful by "' t O h ,.d of 
7/10U . 
knowledge. How is one Lound, i.e. how is he properly Lound by his warranty 
byword of mouth? FOl. the wodd would Le evilly situated, for its 'La,' 
i.e. goodness would vanish from the world, if the contracts properly made by 
word of mouth had not noLly come to retain it (the goodms.). 
The contracts of two sane adults with knowledge and warranty 
is dissoluble in twenty-four hours; it is binding from twenty-four 
llOurs forth. 
In the contract of two sane adults without knowledge, without 
wananty, all its fraud may be dissoh ed for ten days after the fraud 
is known. It is completely binding on him (tlte defra?(ded party), 
after ten days. 
In the contract of two sane adults without knowledge, but witb 
warranty, 1.19 m
 "e"QYQ.t. half the fraud (the amount in wMc/
 læ is 
defraudeá) within ten days after knowledge of it.' 
In the contract of two sane adults "ith knowledge but without 
security, the third of the fraud (t/
e amount in wltich lte is defrauded) 
il:! irrecoverable by hùn (tlw defrauded party) after the lapse of 
twenty-four hours, vut he may recover two-thirds of what he is 
defrauded in till ten days, or two-thirds of his contract (the conaidem- 
lion given by ILÏm under the contract) if he prefers it, and tills is the 
third of every express contract. The third of the express contract 
is (to be tal...en to be equivalent to) the third of the fraud." 
In the contract of two sane adults without knowledge, without 
"arranty, in case he demanded tlte m/tount of the fraud committed on 


knowledge, without warranty, if one finds that he is defrauded, he bas his choice 
either to recover two-thirds of the fraud (the amount in which he i. deji.audeá) and 
forfeit the other third, retaining what he bought, or to recover two-thirds of the 
fraud (the amount in which he is defi.auded) and two-thirds of what he gave for the 
goods and fodeit one-thir<l of hoth, and return his purchase." 
VOL. HI. B 2 



II OtJ 791 
6 (o1J 3/3) 


7I.M
 0117'(1 


4 


86nchur nló1l. 


CUSTOM- 
Al<Y LAW. 


'OlubwfU:: 1ap.t:am, muna t:ap.t::ap. 'Otl5e "ÓO, 1t:: 'Oltr1 '00 a reOIt: 
rem, cen1 t:p.01rCe. "Ow t::r.OlrCe '1' CUIC reOIt:, OCur commerp.U5U"ó 
rot<rô, 'Ow n'Oamt:att cettt: '00. nluna 'Oamt:ap. cep.t: '00 '1' a rota 
rem twr ocur CU1C reOIt:. 


s-Ca11l C1r t1P. ChU1P. 'OochU1f1n? 11m. a '00; roch011, 
ocur 'O OC0 1 l , 


Cmp. .1. commp.clm Cta tep. no Cta tm 'DO cOIl.mb ra)l.mrt:sp. (m'D. 
ßochap. .1. cop. comto1Ee. "Docop. .1. 'D1Ubap.t;a. 


Ca1l1- C1r t1P. m rocop.? 11m. a q1.1 ;lcop. 1L11l 'Oa "ZS'2 ï ! 
,otan, 11:111. 'Oa raq1.: 11:111. 'Oa roëon'O, na'O FU((f1!a1{;h1:61l 
CU1P.. 


Cmp. .1. commp.clm Cta tep. no cIa tm 'Doep.nmtmb fUlt rop. In rochop. 
1t;1P.. Cop. 1t;1P. 'Da tan .1. rota'D comt(01)l.mt;he .1. nach In'Dter cop. C1'D 
1t(1)l. 'Da eccon'D. 1 t;1 P. 'D a raep. .1. 1t(1)l. 'Da rorep., rIp. rasJ1.Cl ro'Detba 
/6"nCI'D rum'Dlp.t;ep. CUI)1.. .1. pp. 'Dtana'O cuma a nepSlp.t; ocur a nmC'De. 
1 t;1P. 'Da roéon'D .1. cop. 'Da rochonn co J:'1r ocur co t;p.ebm)l.e. U a'D 
ruarnmt;ht;ep. .1. noco mrcmLt;ep. na CU1P. 'DO mm; noco t;ecup. rut;ha. 
: 7\vc.o
. ? 


[Cach cunnp.u'O a mbw mf11m a nmctelt, 'Ow 1'efLup. m t:t 0 
mbep.up., '1' a at:héup. cm bec cm mop. t:earbur 'Oe, ocur cuq1.UmUr 

 na hamme 'OIC ta t:aeb mt;sma. nluna refLup., '1' t:U1tte"Ó 1'p.11' 
co p.o t'elfe"Ó, ocuf If a m:;hcott ma moa ma relre"Ö, ocur 111 
cunllt:abUlttt: cuna amulch t:u5a'O m amlm. Ilia cunnt:abulp.t: 
11llUP.P.0, '1' tet: 5 aéa hmmi1e 'OIC, ocur re'OUI;s a m:;hcop. ma moa 
ma relre"Ó tet na hmmile. 130 'Oono co na bet m:;hcop. 11Ia 

rcunm:;abU1ttt: m am1til, 'Ow mbe t:p.ebuI)t, '1' tet na hamme '00 IC; 
ma cunnt:aliU1p.t: '1' cetttU1me na hamme 'OIC, ump. nocha n[e'Ounn 
qtebU1p.e nl 1t: ma a1tl1m mctelte '00 5p.er, mU11a ref<;

 -}-:-o 
cet:olp.; 'Ow rert:Utt Imop.p.o fO cet:Olp. 1t: rtana cw bet t:p.ebU1p.e 


0'0. 313, 
314. 


1 Or qU<$tioned.-The cornmentar)" following is found in O'D. 314 and 798, and 
it also occurs in nearly, but not exactl)", the same words in C. 659. 
2 It $hall be adckd 10.- The damages payable in respect of the defect in the sub- 
ject matter of the contract shall be increased until they are equivalent to one-sÏ>.,th 
of the consideration given b)" the defrauded part)" under the contract. 
S If it be mo,.e than olle-$Ïxth.-That is, if the damages payable in respect of the 
(lefect be more than one-sixth. 



SEXCHUS 
IOH. 


5 


him; if law be not ceded to him, his own · seds' are forfeited to C,"rrml- 
him, without fasting. If he fa.stB, it is five 'seda' and an acljuSt-A.R
\W. 
ment of goods that are due, if right be ceded to him. If right be 
not ceded to him he shall have his own 
 and a fine of five h
 
, seds' be8ide8. 


Question. How many kinds of contracts are 
there 1 Answer. Two; a valid contract, and an 
invalid contract. 


Question, i.e. I ask how many or what number of contracts are NCOgIllaed? 
 (?) 
A valid con tract, i.e. a contract where the consideration on each side is equal.. aIr. .4 con- 
Imalid con tract, i.e. frauds. tr.,ct of 
((l"f1.lr."a ''ue. 


Question. How lllany are the valid contractH 1 
Answer. Three; between two' lan-persons,' between 
two 'saer-persons,' between two sane adults, whose 
contracts are not impugned. 


Question, i.e. I ask how many or what number of kinds of valid contracts are 
there? A contract between two 'Ian'-persons, i.e. equal value on both 
shies, i.e. such a contract is not unlawful even between two idiots. Bet wee n 
two 'saer'-persons, i.e. between two good men, Iloble good-fared men, 
whole contracts are not impugned, i.e. men whose w9r
 aøà 

ðIl s!
 .<\;kr, 
i.e. who perf Of"" what they promùe. Bet wee n two san e ad u Its, i.e. the con- 
tract of two sane adults with knowledge and warranty. Not impugned, 
i.e. the contracts which they make must not be dissolved or questioned.! 
Every contract in which there is, in tlIe subject matt". oftlIe contract, a concealed 
defect, if the person from whom it (the defict.r:e article) was received 
n, 
it (the tÞfei:tive article) shall be returned, be the defect small or great, and the 
amount of the defect shall be paid together with restitution; but if he ioo.not knowp, 
it shall be added to' until it amount to one-sixth, but it (the 6Ubject matt r of the . 
contl'act) shall be returned if it' be more than one-sixtb, aud there is no doubt that 
it was outside' the defect was caused; but if there be doubt, half of every defect 
shall be paid for. and the trung may be returned if half tM loss in "aim caused b!1 
the defect be more than one-sixth the c01ls.de,.a1i01l given by the purchaser. Or 
else there shall be no returning if the defect be doubtful,' if there be warrantJ-, half 
the defect shall be paid for, i.e. made good; if there be doubt as to where the difecr 
arose, one-fourth of the defect shall be paid for, for warranty can never affect any 
thing with a concealed defect, uuless it be made known at once; but if it be made 
known at ouce, they (the purchaJjprs) are safe, whether there be warranty or not. 



 



4 


. Outside.-That is, not wrule the subject matter of the coutr,tet was in posses- 
siou of the vendor. 
S If the defect be dOl.biful.-That is, if it be doubtful in whose cu,t.'dy the HIh- 
ject matter l.f the contract was when it was injured. 



". C (83l-) 4 
 ,., ./. r(,o 
'I' ?IÞ 
 ()J "W l,at h" !!-?) 
q,
 
.(,t 
'I' 
M
 w
,
 
 
 

(?) 


6 


8enchuf mót1. 



7
 0'/)19'6 


CI m be. OCUf lap. mubmte fm. Octtf H::e amme rn:;bep.up, runn, 
r Ulte l1.uamanna, vcuf rUlte can 1n1clfm, 711.t; ocur m fUlL 
1t1bmte 1'011. amnn mètelte 1alu::am co 'Oecmu1'O 1al1 fir na 
hamme. 
r ma Eattlta bunuIE 1nHI11.11.O mnt:lõ 11n .1. o'Obach ocuf a'Obuch 
o.fuf !U

 fo
hu
h, ocuf tec Of C11.l1, ocuf 'OetEmuch '00 eac11t111., 
OCUf Eaè Eatal1. bunu1'O ëeana bir 1 nmmt'b OCUf 'Oome ; '01a nfut: 
fl1.1U fP.1 1 1e n1t1bmte, '1' a nat:hcu11 ulte muna be q1.ebUll1e, ocuf 
muna cunnt:abmp.t: co na Eatul1. bunu1'O. "01a mbe q1.ebtl1p.e 
IVI111Ul1.11.o, '1' a tet '00 IC; [ma'O cun'Ot:aba1llt: Imoll1l.O '1' a Let '00 
IC]; muna be q1.ebUI11. [fin ;] '01a mbe q1ebull1.e '1' ceq1.U1tlle '00 
IC. 110 'Oono '1' a Let '00 IC ce bet q1ebul11.e CI 111 be, al" If 
cunnt:ubUI11.t: ma'O ImulE 'CuEat> m EaLul1 amn rm, no m 'CaLL 
11.0 faf mnt:lb, ocuf If 1-'11.1 -rU1tt-rel1. amnpn; ocuf nl hatcu11. 
Ifblf fOft11.u. Ocuf ma br61m: ce1111f cunnt:abUl1.t:aè '1' con d nOf 
be111. bm co 11.0 
O_at
 110 co 11.d t:eltna1'O, ocur 'Oono '01a mbet: 
'Oechmu1'O a fir cm pWlt:11.e'O, nl 'OLeEal1. a atëup., na ftl1ttet> 
1al1.t:am no 11.erm m beaE.] 
11 t 6,/0 Cop. r ocel fl"O baed, rT u Eaet;h, ap.U 1n "Omp. a fWt;he'D; 
1/ o'f ??'1, 
 3 1.-. 2.01f cop.. 
1. 5
.1' Cop. Focelp.'O baet;h .1. cunnp.(('O 'DO m m t;eccO'Dnac11 p.lr In 
co'Ona'Ö. ((p.a F'n'Ot;ap. .1. tl.opnp. m m '1' raet;h L81P hep.wp. ua'O 
a 'Olubmp.t;. 1 l' cop. .1. p:un 1m a af"{;a'O. 


ClISTO'l- 
ARY LAW 


C 1039. 


fn.w OIJ 7
_ 



 


II 



 
i O'/JaM 1
3 


"Oochaf1, ap. a pn'Dm::hafl Emt;h "00 Emat;, f1.an'Dt;wp. 
t.ç an "01t1pmp.t; 1 n'De; 1cr:hwp. a tet;h "00 TWt;hmb "00 floa- 13 

 chwb, a: tem::h nmtL If 'DILef.>' c4 4 
,. (?:>) 


"Oocll ap. .1. In 'Op.ochOt1. 'DO n1Ut; na 5a\'(:1I, t:et;at;<<p. a n'01Ubmp.t; '00 
bp.ldl. .1. '1' 'Oochop. CI'O cop.. 
ln'Oat;hap. .1. m saet;h. Ran'Dt;alp. 
.1. u1'-p.an'Ot;mp. a up.an eplp.t; ap. '00. 1 cdl a I p. .1- lcmp. lma art;u'O a 
3úLet ap. rca"{;h ems na t;p.ebmp.6 p.ap.oFecha'D ann. "00 p.at;halb .1. 'Om'O 
p.oFecha'D bp.lm:hap. 'DO p.1sne'O FOP. na p.atmb. CC Leat;h n alLL .1. m 
Leat mLe '1' 'DILer 81fe111 a 'DuaLSUf Ferra .1. COp. 'Oa rochonn CO FIr ocur 
co t;Jwbmp.6 fin .1- FP.1U Flf ocuf ):p.1(( t;p.ebmp.e ['em. 


ct C, tJq 3 14- 


C011. 'Oa fochon'O co fir oCUf co q1.eba1p.e, lW rOlch a 'OIUPa111t: 


1 For the names of dißeascs incident to horses and different kinds of cattle, Vid. 
C. 297, 1,038. 
g Outside.-That is, before the snbject matter of the contract came into the 
vendor's posscssion. 



SESCHUS MOR. 


7 


This is after the proper period. And these arc the ñefeet! mentioned here: i.e. 
red eyes, and e)-es without sight, etc., and there is no Þ' ðþeT p
riOLl for a concealed 
defect afterwards till ten days after know ledge had of the defect. 


Ct:
T..\I- 
ARV LA"'. 


If there be fundamental diseases, namely' odhbach,' and' adhbhach," 
and 'i udha- foth uch,' and 'lec-os-cru,' and' d eil gni uch' in horses, and 
every other original disell8e that is incident to cattle and to persons; and if they 
be objected to 
d, they shall be all returned, unleas there 
be warranty, and unless there be doubt that it is an original disease. Dut if there 
lJe warranty, the half shall be paid; and if there be doubt, tbe ball sball be pahl, 
that is, if there bc not warranty; if there be warranty the fourth shall be paid. 
Or else tbe half shall be paid, "hether there be warranty or not, for it is doubtf..l 
in that case whetber the dÍ1!ease was given outside,D or "hether it hall grown in 
them within,3 in which case addition shall be made to them, i.e. the pu.rchaser ,.e- 
taining the ckfectifJe m.ticle shall ,.eceive compensatiOl', and there is not a return 
of them (the articles sold). If they 
f ,loubtful deft<:t or dï.ease remain 
with the person who took them until they perish or recover, and if he has ha,l know- 
ledge of such disease for ten days without going to law, their return is not required 
by law, nor can addition to tM compensation fOI. the loøs be ha,l afterwards, be it 
e\ er 80 slnall. 




)q;, 
lV> J; [1 

. 


A contract which a fool make
 with a f:;ane Ulan 
ill which fraud is discovered; it is a contract, 


A contract which II fool makes, i.e. a contract which the idiut )\lakes 
with a man of souud mind. In which fraud is known, i.e. the thiug which 
is injurious to him is known; theøraud shall be taken from him, i,e. he must 
make good Ihefi.au.d to the non-compos. 1 tis a con tract, i,e. it is binding. 
. t::k7:I;;t

b;ti -l'
 
In a bad contract wInch àd-n
 
by èeîi
ibt
 m en, the, fraudf!)Íß divided in two; the 
h> ..Jvh\i
 'r
 
 
half is paid bY the '-roiiclt -Sill
s (the pal.ty who has 
given the 'Warranty), the other half i
 forfeited. 


A bad cuutr"ct, i.e. the bad contract which sensible peuple make, in which 
they knew that fraud existe,l, i.e. though. a contract it is a bad contract. Which 
is known, i.e. by the sensible. Is divided, i.e. the fraudulent amount, or 
excess that is given (on the one side) is divided in t\\ o. Is l' aid, i.e. the half of 
it Í1! paid for the sake of the honour of the surety which was estimated in it. 
Dy the 'roach'-sureties, i.e. the estimation in worùs made upon the sureties. 
The other half, i.e. the other half is fodeitetl on account of knowledge. And 
this Í1! the contract of two sane adults with knowledge and "arnHlt)", i.e. for 
knowledge and fur warranty itself. 


In a contract of two sane aùults with knowledge and warranty, 
all the amow
t obtained by fraud is recoverable, or the contract may 


. Within.-That j., while in the vendor's posacssion. 



8 


8enchur mótt. 


CU
T.nr- ulte, t10 0: cunt>rto:t> rftl celtp,1 hUCl1p,e pchet::; '1' t>lter uo:t> ulte 0 
ARY LAW. 
r en o:nunt> 1{;1p, t>IUPCllP;C ocur cunt>p,o:t>. 
COp, t>o: rocont> cen pr cen q1.ebCl1p,e, p,o rOlch 0: t>1UpCl1p,'C' U1te 
CO t>echmCl1t> wp, Pl'. mo:t> cunnp,O:t> t::ClH:nmtEer CO t>ecnmo:1t> 
6"00 belt1. t>o: 'C'p,wn 0: cunt>p,ut>o:, ocur fo:co:1b a 'C'p,wn. 


Cop, t>o: roconn CO 'C'p,ebCl1p,e cen fir, p,o rOlch te<<t::h 0: t>IUp<<p,r:o: 
CO t>echmO:1t> Wt1. pr; ocur '1' qtebCllJ1.e Clchq1.o:nt> m rem. 


COp, t>o: roconn CO fir cen q1.ebCl1p,e, p,o rOlch '00: 'C'p,1<<n CO 
'Oechmo:1t> 1Clp, fir, ocur fClCCl1b quo:n 0: t>IUpo:t1.'C'Cl F11.1Cl pr, ocu)' 
I. If rft1Cl CUt1.U bet fem. 


mo:t> cunnp,o:t> t;o:n:;hmf5er fO:CCl1b t::p,1Cln 0: cUnnr.o:'Oo:; no t>no 
'1' t;p,1Cln 0: 'Olubo:p,'C'o: fClCo:1b 11uo: q1.ebCllt1.e rem, OCt1r relre'Ö 
fp,1Cl fir. 


. 


80chop.ach each raep.; raep. cach rmf::hw; r tan 
,raJta f1nnm:;hap. EaH
h; EO cach. "Owpmp.
 na mp.IEGep. 
bm
h. 


80cb op.uc IJ .1. cop. 'OU fochonn co f1r ocur t:p.ab<<1Tle. .10 11' 'O e 5 co p.ach 
'00 neoch cunnp.a'O '00 'Oanam P.lf na fOFeap.mb. Saap. .1. 11' raap.lm 
a 'OILf1 0 neoch mm rOet;mp. UU'O u 'Olubmp.t: Fetia. SLan .1. 'rL<xn Imu 

. 'OILp uat:hmb mm p.o 1-'Ø'Ca'Cup. nu smt:h '00 bP.lt uatu u n'Olubmp.t: Farfa. 
b O each 'Olupmp.'C .1. '1' So L1Um u uf1:;(l't) m up.am alplp.t: bap.mp. 0 
na buet;lImb can mp.lu5u'O 'OOIh, .1. If OOet;h cuë uan na'O mp.I'O a 
'01Ubalp.t:. 


bae
h cach cp.ecar rru mac mbeoa
haJt 1 neenmp.c a 
,sa
hap. cen rop.nEmp.e, cen m
l
m. ((CDmm na r oel Ee, 
na"O mattban 1ap. fir, rocumac. 




E
CHrs 
0R. 



 


be 1.escinded within twenty-four hours; but all is fOlfeited by him CI'
TO
I- 
(the aggrie'l.'ed party) from that forth, both the amount obtained by AB
W. 
fraud and the right w rescind the contract. 
In the contract of two sane adults without knowledge, without 
warranty, the whole of the amvunt obtaÙwd by fraud is recoverable 
for ten days after knowledge 'tad. If it be a contract which may 
be dissolved till tlte expiration of ten da,rs he (tlte aggriaed party) 
can recover two-thirds of his contract (the thing Bold by him), leaving 
one-third. 
In a contract of two sane adults with warranty without know- 
ledge, half the amount obtained by fraud is recoverable till ten 
days after knowledge had; and it was the warranty of an extern 
in this case. 
in the contract of two sane adults with knowledge without 
wananty, two-thirds may be recovered till ten days after knowledge 
had, and he (tlte purchaser or party difra'lldeá) leaves (fails to re- 
corer) one-third of the allW'unt obtained by fraud for knowledge, 
and it is for wrOO] contrru:ts themselves. 
If it be a contrru:t which may be dissolved, he (tlte vendor) leaves 
the third of the subject matter of tlte contract; or else, although the 
contract be disBoh-ed, he leaves in tlte pOBsession of tlte purchaser 
one-third of the amount obtaÙud by fraud for the warranty itself, 
and one-sixth for knowledge. 
Every'saer'-person may make a contract, every 
, sa-ith iu' })(,IlIvll ii'! a, '
ae:
 person; what the sensible 
man has known is safe; false is every fraud which 
the foolish do not perceive. 


May make a contract, i.e. the contract of two saneperSOnB with knowledge 
and wlIITanty, i.e. it is lawfu1 for one to ID6ke a contract with the freemen. 'S ae r'- 
person, i.e. free as to forfeiture to the person is the thing of which he is defrauded 
without his knowledge. Safe, i.e. safe as to forfeiture is the thing which the 
eane persons have known to be taken from them by concealing the truth. False 
is every fraud, i.e.l deem it faille to retain the o\Crpluswhich iq taken from 
the foolish without their perceiving it, i.e. ever). one is foolish who does not per- 
ceive that he has been defrauded. 
Everyone is foolish whu deals with tbe son of a 
living father in the absence of his father without 
his authority, without his su1Jseljuent 
clQpti on. It 
is a maxim of the law that one adopts what he does 



1/ f)'}j 15')'<r 


't! 5be - r
f- 


10 


8enchuf 111 óp.. 


Cn;oTo'l- 
AnY LAW. 


baet::h .1. If baet;h 'Oon caë p.ecuf nl p.e mac III at;hap. bl a necmmf a 
ut;hayt, .1- rp.1111ac sop., no rp.1 mac 11lSOP.. Cen rop.nsalp.e .1. cen a 
rop.con!';p.u ro cet::OIp. .1. p.!U na 'Oenam. Cen alt;It::11l .1. !Up. na 'Oenam, 
.,. can b,t 111a mt;It;1Il !Up.t:a111, .,. ap. 'f 1Ilan'O '00 neoc ocuf p.o bet ma 
ffllt::,t::m muna 'Oep.na roelSlum 1m a rumt::p.ea'O. 130 roelse .1- oca 
'Oenam- 11 a'O Inap.ban .1.mp. na 'Oenam .1. mmm 'Oep.na a h111'Oap.ba'O 
mp.'Oa1ll. 1ap. Pf' rocumac .1. fOcumansmp.mbetarefamce. 


FOfUm cach a1L1LtU 
 a'DfU1'DeL rotum 1w'D1I.a'D each 
p.onamm p.1a't>a1t1. ta11. na11utttu'D, a11. fam a1L1L1U. 
:
 lfMAvJf,(h
F').n; 


'0 
ofu,'O .1. r0f<11S1'O mL1t::lU na cenn, .1. If mmt If arcmste III 
cunnp.{l't) 0 belt;hlp.ma mt;It::1Il canna nelchl fe1l1 '00 'Oenum. (('Ofu I 'Oat:: 
.1. If arcm'Oe 111 cunnp.a'O 0 blUf roLa Lan tmE;1 an'O. Ru'Op.a'O .1. If 
<<mmL III t::el'(; anae p.O'Ðmp. he lIn aft::u'O 0 p.em1l1S1::Ip. ep.a tua'O roLa tan 
LOISI an '0. ap' fUl'O Ult::lt::IU, .1. na can'O, .1. If aft;U1'Oe 111 cunnp.a'O 0 
l)"belta1p. ma a1t::lt::111 can a }.'Ua1t::p.e'O co 'OLISt;eë. 


FU1't>11.e rtcfchu, 't>ae11.mana1E ectmfe, raente't>a1E 
pne b'Le rop. Up.}XJqta, metc, mna, ba1Lh, b((1te't>a1E, 
't>tU11lh, 't>ochumn, 't>araChLa1E raenGn cuma C0111.; 111 
G)'LWLhq1. fwdltU'D 11(( 't>ocup. na r0c11U11. rot1.atb, cen a 
1-. P)1. co't>nachu oc rop.nEa111.C a cop.. 



ul'Op.e rLat::ha .1. cm faep. rU1'Op.6, CI 'OaE'p. }.'U1'Op.e .1. na 
'()'t)a1P. 
bIt; ac an rLmt, na rU1'OIp. SP.UI ocuf soLa ocuf sabLa ocuf SILL 'Oe baf. 
1) aep. m an a I S .1- na mana1S 'Oaep.a bIt:: ec 111 ecLmf. na manm:s nuna 
ocufsoLaocufsabLa. t11elc.1.111sop.a. filna.I.{l't)aLt::p.acha. bmt;h 


1 Thefact.-That the contract had been entered into by an uuauthorized persm. 
on his behalf. 
t The heads.-That is. the chiefs, guardians, &c. 
3 These thin!1s.-TIte things agreed {){l by the contucL 
be done. 



 


... 



SENCIIGS 
IOR. 


11 


not disallow, 0)' what he does not repudiate after Cl1-Tml- 
d ART LAW. 
knowledge, ha,,'ing l)ower to 0 so. 
Foo lish, i.e. it is foolish for everyone who sells a thing to the son of a living 
hther in the absence of his father, i.e. to a 'mac-gor'-son, or a 'm ac-ingor'-son. 
Without authority, i.e. without its being ordered at first, i.e. before doing it. 
'Vithout subsequent adoption, i.e. after doing it, i.e. without being in recognition 
of it afterwards, i.e. for it is the same thing to one as to be in acknowledgment of 
it unless he gives notice of opposing it. Does not disallow, i.e. at the doing 
of it. What he does not repudiate, i.e. after making it, i.e. unless he 
rejects it afterwards. After knowledge, having power, i.e. having the 
power to break the bargai" after haviug obtained the knowledge (ofthefac.t).l . 
Eyery 8ubseqltent adoptien renders the contract j.
-I.t {I fW7 
binding; the propel' qualifications of the person u'ho , 

 . v 
adopts the contract render permanently binding every t,

 
contract entered into according to law, for adoption -r 
 
rendl:)rs it binding. 


Renders binding, i.e. aduptiuu rcuders it binding on the heads,2i.e. the contract 
is well confirmed when the parties han adopted it althongh they do not thcse 
things." QualificatioM render binding, i.e. the contract is binding when there 
is valuable consideratiun. Permanently, i.e. it is, as it were, like a thiug that 
has passed into prescription with respect to its confirmation when full value has 
been given and received. For adoption renders binding, i.e. on the heads 
( chie.fi, guardia1l$, <fc.), i.e. the contract is confirmed when it is adopted b!l the 
partiÆs entitled to ,.eplldiate it without being legally disturbed. 


The 'fuidhir' -tenants of a chief, the ' daer '-stock 
tenants of a church, fugitives from a tribe, who are 
proclaimed, sons, women, idiots, dotards, fools, persons 
without sense, madmen, are similarly regarded with 
respect to their contracts 
 no deception, or bad con- 
tract or fair contract is made binding upon them, 
without their true guardians being p1'esent authorizing 
their contracts. 


The 'fuidhir'-tenants uf achief, i.e. whethcr 'saer'-stuck 'fui,lhir'-tenants 
or 'daer'-
tock 'fuidhir'-tenants, i.e. the minor tenants that a chief has, i.e. the 
'fuidhir grui'-tenants and 'fllidhir gola'-teDants and' gabhla'-tenants, and 
the hostages saved from death. 'Daer'-stock 'manach'-tenants, i.e. the 
'daer'-stock tenants belonging to the chnrch, i.e. the' manaigh nuna'-teuants, 
'manaigh gola'-tenants and 'manaigh gabhla'-tenants. Sons, i.e. the'iu- 
gor'-sons. ". omen, i.e. adnlteresses. Idiots, i.e. persons of half reason or 



iN 
 ,vlf, 


iIJ JA'r 


)I,f>, 


II b'b '1Qq. 
ct:t ,Ð.if 




 
tJ.
 o.lJ '1Qq 
q-1ÇD."l-7 


12 


8enchur móp.. 


('''
Tn,,- .10 reap. tetCUIn't> no teltceltte. bll1te'OII1S .,. m renOlp.. "Op.ult;h .,. 
ARY LAW. co p.m::h. "Oochul nn .1- mlp. cen p.a<;h, no mlc beca. "Oaracht;alS .1. 
J.'o t;abmp. 'Otm rut
. ):'aenan cuma .,. 'r J.'onaen, munn ti)yn p.o 
cuma'O, no p.o cu<;p.ummËe'O 'm::ral'Oe '00 p.elp. COIf'., ocur m tuëc; p.omal11't> 
.nm t;!I1'Oeët; J.'o cop.mb. 1h ar<;lI1t;hep. .1. noco nar<;mtep. op.p.o m ni 
'r rae<;h teo .1. '01Ubmp.t; cen t;p.ebmfll'- 11 a 'Oocup. .1. 'Olubap.<;a '00 
satp.mb bunarò no 'O(lmmlb mctelt;he cu <;p.ebmp.e. 1-1 a rochu p. .1. co 
na p.lIIë<;anar a ter .1. tan toS' Cen a r'p. co'Onachu .1. cen a 
cM:>nachu 1IIP. pp. ac J.'op.consup. na cop. '00 senm::. ):'op.nSIl1p.e .1. oca 
10 'Oenam. 


Cop. cach rop.nEatp.e; rop.nEatll.e cach tlaLman;h1; 
anrcU1che cach tanrota; tan cach rtan; ftan cach 
L;Ot;htmste "01a f1ap::ap. cach a rmr;h1u"O, C1a "Oa n1 
1ap.um att;hll.echur 1a1l."Oam 'r "01t1r a ratd11U"O. mana 
/5't1 nech atte ro a cup.u 111 mef1 ra"Oepn "Oonatt;h,m 
Ct1p.u a bet. 


'flN/ 

 


Cop. cach rop.n 5111 p.e .1. 'r cop. 'Otlsi;ech he Ima ar<;u'O 0 bmr tWla'O 
J.'ota comt;olp.\1i:1 ann. ):'op.nSIl1 p.e .1. 'r top. 'Oa rop.consup. 0 bmnp. 
ma mn<;m cen a rum<;p.e'O .,. 1IIP. na 'Oenam. ((nrcU1che .1.lr 'OOIt);I<;1 
').oa rcucha'O 1m a t;mt;hmeaë 0 b1ar rota tantol);1 an'O. tan cach rtan 
.1. Irtan he Ima ar:;a'O 0 b1ar Lana'O J.'ota'O COmt;0Ip.111<;h, ann .1. 'r 
ammt no bet tan J.'ota ann 'Om mbe a rtanusa't> 0 C111't>. Stan cach 
t;o<;h tll1ste .1.lrtan 0 neoch m 111 t;otLalser amU1ë, ma'Oa pn'Oap.a 111 
caë fin 111111 roet;mp.ua'O a 'Olubmp.t;verra. CIa 'Oa nllap.um lI1t;h- 

ri1.echur .1. ce 'Oo:n
 m<;hp.echur Imme mp.um mp.'Oa111 noco P.OIt hI. 
1r 'Oltlf .1. If'O,turmnl roet;mp.ua'O a'Olubmp.t; J.'erra. 11, mefl 
.1. no co culmsech 111' bu'Oem a t;mt;hmech. 


anla7 t;eop.a hatmp1W 1 mb1 batt1"Oach 111 b1Lh; Ile 
('t1atp.t; "Oumeba1"O; t;Ualw"O t1a coda; ruartuca"O cop. 
3<> mbet. 


((c;ac;t; .1. rn::mc; t;eop.a p.e ruc;hame ma etoc;hach a ba, a mmc;h ar 111 
blc;h. Re CUIl1p.c; 'OU111 ebll1'O .1. ba't>a'O 'Oepltÿm ap.na 'Om111b a cae 
UIP.'O m p.e. Luap.a'O tla cocta .1, if fa t;úãp. no-t;ap.lf tm ann Ima'O 
cocm'Ò. ru artuca'O COtl. mbet .1. uac;uaftusa'O 111 nelch cUIP.1Uf nech 
:.1úa'O co COlP. 0 betmb. 


at;att; a t;P.1 nO'01Cat;; "Oechma"Oa, ocur Plum1Le, ocu)' 
atmr((na; G1l.5a1p.et; IlC CUa11l."O "Oumeba1"O; rp.aedw'O 


J BJ the h'mf.- That i., hy the chief, guardian, &c,. of the contracting party. 



SENCHUS MOR. 


llense. Dotards, i.e. old men. Foo1s, i.e. of use (able to do 80TnlJ work). 
Persons without sense, i.e. lunatics without use, or little boys. Madmen, 
i.e. upon whom the magic wisp has heen thrown. Are similarly regarded, 
i.e. I hold that these are similarly or alike regarded or estimated according to what 
is just, as the persons mentioned before with respect to impugning their contracts. 
[s made binding, i.e. what is injuri
)l1S to them is not fastened upon them, i.e. 
fraud without warranty. Or bad contract, i.e. fraud in original diseases or 
concealed defects i.. caltk with warrant
.. Or fair contract, i.e. with its re- 
quirements, i.e. full value. Without their true guardians, i.e. without 
their real guardians authorizing the contracts which they make. Authorizing, 
i.e. at the making of them. 
Every command is a contract; every recognition 
is a comm(l, nd; every full value is immovable; 
every '.slan' -
erson is one 'll'11O ha
 
ull valu
r, every 
"'f'
gsj; IS safe If everyone knows hIS 
hould 
he repent afterwards, his Fight is forfeited. Unless 
another person impugns the contracts he himself (the 
contrctcting party) cannot dissolve express cOilllmcts. 
E, ery command is a contract, i.e. it is a lawful contract in respect 
of binding, as full value is ginn on both sides. El"ery ..ecognition is 8 
command, i.e. being in acknowledgment of it without diòturbing it, is a suffi- 
cient command, i.e. after making it. Immovable, i.e. it is difficult to move 
it so III! to dissolve it, when full value has been given. Every' sIan '-person is 
one who has f u 11 rmlW', i.e. it is safe as to its cuntinuation when full value has been 
given on both sides, i.e. it is as if full valne had been given, if it be confirmed b
. the 
howL 1 Every absconding is safe, i.e. safely from one is re<:o"ered what he 
(the se<:urity) carries out, if everyone knows or finds out what has been carried off 
from him without his knowledge. But should he repent afterwards, i.e. 
but though he should repent him of it after"ards he cannot get it. Is f orf eited, 
i.e. what is carried off from him unknown to him is forfeited. He himulf 
cannot diuolve, i.e. he himseU is not capable of dissolving it. 
There are three periods at which the world is 
worthless; the time of ,a plague; the time of a 
general war; the dissolution of express contracts. 


There are three periods, i.e. there are three particular periods at whi"h 
its worth, i.e. itß good departs from the world. The time of a pi ague, i.e. 3 
mortality carrying off the people in the course of that time. The t i m e IJ f 
a general war, i.e. the greatest prognostic or disgrace that prevails is much 
war. The disaolntion of express contracts, i.e. recalling of the thing 
v. hich one has put away from him properly by word of mouth. 


There are three things which remedy them: tithes, 
and first fruits, and alms; they prevent the occurrence 


13 


CI:STOM- 
ABY LAW. 


s
,-=..J..... 

Ð\,ý 



14 


8enchuf móp.. 


CUSTmr- Catf1:De ta 1'1.15 ocur t11att:h f ap.5atp. LUap.a'Ö-tta cocta ; 
ARY L \\v. 
arm'D catch 10a roc1lt1f1. Octlf lOa 'Doc1lt1p.; UP-b((tt!. 
battt'D1U 1n bet:na. 


;;

 
+1.s-o,
o 


"Oectlma'Da .1. CO CTn'Dea't). P1'Tmn::e .1. t::oracll sabaLa caë 
.nuat::01'at'D. (CLmrana .1. can cm'Dea'D. CC1'sal1'et:: .1. u1'Satyuc 
rem CO na bl baa'D 'Delpltt::m alt na 'Damlb a cae Ul1''D m 1'e. t::1'ae- 
éll a'D CUI 1''De .1. t::)tenaocll<ro, no cflent::lmu1'Satn na t::urn:;ll 'Don 1'1S fO 
rmaët:: ëana no cm1''De. CC 1'SUI l' .,. UflSat1'lt:: rem CO flaclla e t::ua1' no 
t::a1' '1' ba ann lmUt:: cocal'Ò. CCrt::a'D cmcll .1. CUln'D ferr ocur t::1'e- 
10 bU1fW 'DO cunntta'D nu memo1' 1 1-'1U'Dnatre nu cenn. 



Md!3l5) 


Co ar"Gat'Dt:et1. t:ttat:ha 1 mbercna? U'DIW5al1. caé 
fl1.1a t:echt:a; ctep.15 OCUr cattLecha flU nectatr 1'0 
l1.elp. anmCat1.at:, CO t1.aCht: OCUr lUa5att,lco tnt1.n5Wtte 
CO bt1.U'D
 5ett 1at1. mbtlt1'D, flU COtlt1r lwchq;e ecatra, 1'0 
,5' l1.e1p. abba'D OCUr anmcap,Clt: t:echt:a. 



? 


Co art::UI'Dt::e1' t::uat::llo: .1. Cm'DUr ar'C:attt1' na t::uat::lla 'DO flØ1fl 
butera )';nae no atbm'D .1- ma n'DtI5U'D. (C'D1'a1'a1' .1. at1'5't::11' C((cll 
fTua 'Dbse'D fem. f1'lllectm1'.1- uatt, '1' an'D '1' mcne'D 'Dolb blt::ll. 
(Cnmca1'at:: .1. m am 1"1" ca1'tanacll a ufilm. Co 1'acllt:: .1- f01'Cet::ut 

ÐrOlrcelte 'DO bIt:: acm@nanmca1'att:: ,1- 1m nemcattem feota, natmù ,/ 
ocur 1 cet::atfilb. R1asmt .,. 1m aon att'Ùl1't:: bIt 0 nom 'DO nom. Co i3b " 
t::a1'nsm1'e .1. ca1'n5at1'e 0 S1'(('Datb ecatra ocur 0 mbt::ll1'lb ocur 0 
catUeëatb at)t15e, sett nU1n5e 0 caë otcena 'DI t::<\.eÞ
'l!1.-a!.b ocu1' 0 
S1'a'Datb U11''D ectara 7t't, ocur octuttuë 1'0 1U1' cU1'b1'u'D. Co b1'uT> 

s- .,. 0 'Dae1'manacll. 'Sett .1. Õ 'Dae
riiancllU1b beor. ,:.'t" C01'ur 
1'acllt::se .1. f1'l COlt, re'r, re1r C011' 'Dlfllat::m'D na llectm1". ,:.'0 1'el1' 
abba'D .1. ann01t::e. CCnmc((1'((t:: .1. m moottt::e01ft, no m 'Deo1'at'D 'De. 



ß 

 
",
B 


tatch OCUr twchcera, OCt1r aer LUwt:he a'Dtw5ap. rt U 
>J. 
t LB'3
) rtwt:h; 
1J.
t:_ap. rtwr;h ftecht:a 0 'reat CO huarat flU 

 !Ie COrtur LUwt:he. 


1 Soul-frimdø; anmca1'uc.-Confiøsarillø Synhedrus; Colgan, Trias Thaum., p, 
298, compared with Annals of the Four Masters, A.D. lOG4. ((Il((mc11at1'ceU; 
Doctoreø-Zeu!<q, Gram. Celt. vol, i, p 10. 


O'J-' . . 
 I rAJJ 
,A
ÑJ 

C g3t- 
 ." -þ d
 
 -{.Mo 
 'JryuH., CMÍ . - 
7t{v 

 
 )111 
 W 
 ct
 



Sg
CH{:s MOR. 


15 


of plague; t,hpy Nmfu m peace between the king and 
the people 8hey prevents the pr('Y!llen ce of war; 
,they 
 all in their good contracts and in their 
bad contracts;- t1æy prevent, the Wûrthh:
n ess of 
the world. 
""'1;v"Q,W>'A 


Ct:...l'Ü,t- 
ARY Lnv. 



'f 


Tithes, i.e. in a fixed amount. First fruita, i.e. the first of the taking of 
each new fruit. Almli, i.e. without limitation, They prevent, i.e. thege 
pre'.ent mortality from coming to carry 
ff the people in its career. The y con- 
firm peace, i.e. they keep or restrain the people under the control of 'cain '-law or 
'cairde'-law to the king. They pre,'en t the pre'lalenee of to ar, i.e. these pre- 
vent that much war should be the prevailing misfortune or disgrace. They con- 
firm all, i.e. they afford knowledge aud security for the contract of member
 
(persons TInt 81Ûjw.is) in the presence of the heads (rhïPþ, g'M<rrlia..., <fc.) 


How are people bound in customary law 1 All 
are restrained by their own (special) rules; clerics 
and nuns by the church subject to the judgment of 
soul-friends, by law and rule, by a promise till the:r 
 CCf r by. 
break, and a pledge after breaking, by the right law 
of the church, subject to lawful abbots and soul- 
friends. 


How are people bound, i.e. how are the people restrained accordin
 
to the good, pleasant, Or delightful knowledge, i.e. according to their law. Are re- 
strained, i.e. everyone is bound by his own law. B} the church, i.e. for 
it is there it is natural for them to be. Soul-friends, i.e. they who love 
their sout.. "'ith law, i.e. the instruction of the Gospel which the soul-friend 
ha.', i.e. respecting the non-eating of flæh on Fridays anll on Wellnesda} s. 
Rule, i.e. a
 to one meal from evenin
 to evening. "ï th promise, i.e. a pro- 
mise from the several members of the church in their respectÍ\ e orders, a amI from 
pilgrims and from nuns doing penance, i.e. a pledge of one ounce from all in gener.'11 
to their superiors, and from the several d
grees of the ecclesiastical order, etc., and 
this, after violating their promises. Till they break, i.e. 'daer'-stock tenants 
of church lands. A pled
e, 'daer'-stück tenants of church lanlls still. \Vith 
the right rule, i.e. with the true rule, the proper direction of the church. 
Accordin
 to their abbot, i.e. of the 'annoit'-rhllrch, Soul-friends,1 
i.e. the hermit, or pilgrim. 


k Tr. 
G,w e &. 


Heroes and heroines, and the country people are 

d-"'" rulQd by their chief; all the chieftain classes from 
humble to noble are governed by the 'corus 
tuaithe'-law. 
 ::-- 



16 


8enchur mÓJl,. 


Ct:'To,r- talch .1. 5fta'Oftm;ha. talchcera .1. taech UUlrl.l.umr teo telr 
AHY LAW. l1a taeemù f61r te mnmb na n5}la'O ftut;na. ((er t;u alt;n e .J. nil 
5}lam 1-'eme. (('Ofta5aft .1. mlt51tlft 1m; fO 'OtI5e'O 11({ ftat;na. -re- 
'OUlt;a}l .1. '00 m}l5lteft na rteCnt;a rtat;na. 0 Ireat .1. 0 mot. Co 
fnuafat .1. na n5}la'O .1. co nO}l. rftl CO}lUf t;uUlt;ne .1. fftl COl}l 
1'611" felr COlft na t;um,ne. 


Cmp. Clr tlJt cop.Ura 'l>0 CUlpn 1 Lumd ? 
qu : cop.Ur 
tat;ha, cOJtt1r fine, Cottt1r 
etle; 
Eat:ap. t11te. 


J
m. CC 
conLeLh- 


/" CUI ft .1. comap.clm C1a te}l 110 cIa Un '00 COlftfe1f1b, '00 relf1b e01ft 
1'OlfCnmt1}l110 t;aftmft;1ft Ifm t;umt;n. Cont;et;n5at;aft .1. conxen- 
nm'Olt; Ulte m COftUf pne, no m coftuf feme. 
Cmp. cmLe COJU1r 
ene ? Commdlcera, tatlamnar
 
mLhne, om, mJtt1t1ca'D, commne, qtecce, CUtl'Dup.La J con- 
,''' Elttne, OdltWra, crchEabmt elJ1ce bJlaë
. .... 
.- 
iT'(R;(,!) 
 ß 
D
 3/S) 


F 


11.'10- 
4,...{,ri1" r- clrUF r' 11f 


Calft .1. commp.clm cm'Ol mt;nne 111 ne/cn 'Ot65a}l '00 na fell11b a flf 
eO! ft. Com alt;ncera .1. fte 'Oa t;aeb OCur fte 'Oa mfteenn. tanamnafa 
.1. 1115en calcn 'Olb 'Oa celte, 111 neoc aft na fUlt ùftlm;naft e}ltu111U. 
CC,t;nne .1. commtm. Oln .1. uam.l. 0 cae 'OIÙ 'Oa celte. ((lfttluca'O 
1.0.1. 0 cae 'Olb 'Oa celte. Com aln e .1. Cnllmmlle 0 cae 'Olb 'Oa celte .1. 
({II f01
mJ;mfte. r. '0. Cl1ecce .1. forfb)t1m;nftmb. CUIl'OU11t;a .1. 
t; 1a 5 m t; cum'O OCur ftat;ha. COll51ttlle .1. cae 'Olb '00 'Out 1 cuma 
t;}lebmfte t;aft cell'O a ce1te. Ot;n ftU fa .1. a'OO1ftltJll umf bl'O ocuf teuË;a 
o cae 'Olb 'Oa Ce1te. ((t;n5abalt.J. cae 'Olb '00 'Out '00 fUaftucu'O a 

,m;n5abata maft aen fte celte. elftce.1o ellectallll OCur 'Olfte ocuf 
. . B LC;6 
15) mt;n
m .1. '00 cm'O nu 
t;!!5



 .1. ({cnt;U5a'O Ult m;uftftu Ima nlc caea 

,,
 IItHCn t;1uq:a eucu; no 'f cln COlt;Cell'O 'Oolb, mafa 'Ouat5uf CIl1U'O 11111- 
bteo1;all m::a Oftl1O a cm. 


j,<' C:f 
 II R 


-1TJ;- ? 


]I , 
C{S}l-) ,-I. o.Wt k.\.\'
 
"'?\.
 
cf cc,F p. 
û, 


Cop.ur fine fO'Dtmb reLb co na fl1l1b mcne'Omb, ocur 
h " )l 
)' uqta'Omb , co neoc anarcu1 J1eL. 


COftur fine .10 fo'Oelts{;lft III feaftallll '00 Ila plllb a fIr e01ft. Co 
na fllllb .1. a mlC oCUf a Ilua. ((cfta'Oalb .1. a mlc faefma oCUT a 
115 0I ftmIC. Co Ileocn aftafculftet; .1. a ll'OeO}lal'O ocuf a mU}lcmftt;ne. 
1 Famil!l._The Irish word for farni1f is put in un conjel'tnrc, the ori
,'inlll in the 
IllS. being ,"er
. faint. 



SEXCHCS MOR. 


Ii 


Heroes, i.e. the chieftain grade. Heroines (' laicheesa '), i.e. 'Iaech- 
uaisi,' the noble wife of the hero, i.e. they, the heroes, deem it noble to unite with 
women of chieftaiu grades. Country people, i.e. of the' feini grade. Are 
rnled, i.e. they are restrained under the law of the chief. Are governed, the 
chieftain cla<sesarerestrained. From hnmble, i.e. lIS to family.' To noble, 
i.e. of the grades, i.e. to the summit. By the' corus tuaithe'-law, i,e, by 
the right direction, the proper rule of the country. 


C'l'
TO:ll:- 
AJ:Y LAW. 


Question. How many 'corus '-regulations are 
there in a territory.? Answer. Three;' corus 
flatha,' 'corus fine,' , corus feine ;' they are all com- 
prised in it (the 'C01"US tuaithe '). 


Question, i.e. I a<k how numerous or how many regulations, i.e. right rule., 
are distinguished or established in the territory. Are comprised, i.e. are all 
contained in the' corus line' ur the' curus feine.' 


Question. \Yhat is the' corus feine '-law 
 Tillage 
in common, marriage, giving in charge, loan, lending, 
equal goods, purchases, contracts, mutual pledges, 
attending the sick, distref's for' eric '-fine. 


Question, i.e. I aqk how L. the thing which it is right for the Feini to do, 
known according to true knowledj;!;C? Tillage in common, i.e. common lIS to 
the two sides and the two ends. III arri age, i.e. the daughter of each of them to 
the other, such a person as is not under the word (curse) of a patron saint. Giving 
in charge, i.Co mutual charge. Loan, i.e. 'uain,' i.e. from the one to the other. 
Lending, i.e. from each of them to the other. Equal goods, i.e. equal 
goods from each of them tv the other, i.e. wh
r.
or a 10ngQo
 ,
J
O
':l"I 
time, S.D. Purchases, i.e. by"ords. 

 . , ;K s, I.e. into which 
g

T- <-f CC F /', '1<3 
and s1H'5ies enter. III u t ual pledges, i.e. each of them goes mutually lIS secu- 
rity for the other. Attending the sick, i.e. noble relief of food and medical 
advice from the one to the other. Distress, i.e. each of them is to go along 
with the other to release his distress. 'Eric;'-fine, i.e. honour-price, and 'dire'- 
fine and restitution, i.e. for the distre-., i.e. there is a stipulation between them 
respecting the payment of e\"ery thing which "ill come to them; or it is a liability 
common to them, if they are respunqible for the liabilities of their kinsmen. 

 #/,:.4rh7- 
 
The 'corus fine' -la w (
 the land affi6ftg' the 
.
l_M____ ___1 ......,,,1_<</1"'-1>""'" C,CF/-IfO, lLxl
,z-JO, 
natural tr
 the adopted 
, as well as 


v
..wecivm-tt100ng--thelll. 
 


Ikc- 
cf CCfp1<f 
 76.'fr 


The' corus fine'-law, i.e. the land isdivi.led among the tribe-men according to 
true knowledge. Tribe-men, i.e. their son q and b'Tamlqon.. Adopte
 sons, i.e. 
their adopted aons,and their 'gor'-80ns. T

, 
i.e. their strangers anll their se'l-
cnt persons. 
VOL. III. C 





,n e 


D'ht 7 1 


'ÛI 


/iQ J
. 



-o'/J, Uf 


:;:
'J><.w-
5lf 


18 


8enchuf móp.. 


('nuln,. 
Alt\' LAW 


COP.t1f rt((d1a r1l1 mq:;lttne, r1l1 rte'Da, r1l1 rnancame, 
nu rocp.a, rIll setta, f1l1 1wèca OCt1f rohera, con\)er ec 
<'1p.c C01fl. 


Cop.ur vLat::ha .1. COIP. f6'r. relr (,01P. na fLat::ha 1"1' m Luft:: U>lr a 
$'nuca tOEal'De ce,LLrllle 'DO. 
e .,. 'DaeftmcILb. 
ft' fLe'Da .1, 
'DuL Lelr 'DoL a ):LelË;'. 
ft' manca11lS .,. ):()uft cuëa pUl,mr CI . }:11'1,[-Z>b,'1 
focfta .1. cUlla no Cml1'De 110 rL01s1U. rlt1 EeLLa .,. 'DuL Le,)' "Ofuar- 
Lucu'D a S,LL 110 a Ee,LL .,. coftUU P 'DO, uqla EeLL t::uft a cenu. 
ft' 
ft(((;t;a .,. flU 7>11\set::a1'D cuna 110 culft7>e, 80uera .1. nor 'Dbsf;ech. 
,oCOn'Deret; .,. co t;aft((1
eft lat; 'DO J1{'lft Clftt:: I((ft cae ë0111, 110 milmL '1' 
clIO' ft 710 ftf'll1 ë,ftt;. 


Cmp. ; Clf btl rte()a 'DO Ct11f1n ? 11m. a qll : Fte\) 
"Oeo'Da , Fte'D 'ôoena, Ftt''D 'Deman'Da. 


Cmft .1. commftC1m CI(( Left no Cia Lm 'Dlrella1'Dt::eft no t::aft'rt::ep. 7>0 
..-cam1l1 feru, 110 'DO ca1l1 na h1l1'D1f11l. 
CmC6 111 tte'D 'Deo'D((? "Van 'DO \)ta, \)an 'DornnW5 
'DC fec11cmmne, U11.Cach fottoOlmn, ùmch(('û 'ôlre1u:;ars, 
'Dan 'DO ectmf, OtadHl'D E11.11l'DJ." ft111u1le'D nmEe'D 'De, 
'D1'ûna'D 'DO cp.t1<ISm b , cO}11.eca'D cern ptl1 tt, P111PIP. 'DO 
.", bl ffCh a\), o01chc \)0 'D17)na'OfUh. ro 'Da corn1trec. 


"Oan 'DO 'D,a .1. III 'DO t;1'DnucuL 'DO 'D1((. "Oall 'DomnalE 
 .1. 
cUt;ftuma 111 llelch cmt::her'De 'DomllmË; .1. a CUlt; 'DomllmË; on WIlama1ll 
'D1(( IlscLa'r. Secht;mallle .1. mame ue Lm'D; 'DI(( mue L1I1'D '1' 'Dla mír. 
1.1p.t;acn r oLLommll .1. cmre 1l0not::wlc 7ftL. lhut;na'D'Dl r eftt::alE 
r I, 
;<3:1. uwdlU7> mt;1 '1' a'Da 1I1a Pftt::, III t::a1LIt1ft. "Oan 'DO ecLmr .1. 
onecnmauu OCUr pftlmlt::e 7ftt. btat;na'D Eft'n'De .1. bUIT cftet::me .1. 
budlmr .1. WE III bmrt;ldn. 
u'ftlfte'D llalEe'D 'De .1. f01ftlt::nllt);- 
lltuEai> bli> 'DO Ila nmEe'Dmb aft 'Dla, .1. feacht:: VéIW. "0, 'Dn a'D 'DO 
t::ftUaEalb .1. WftSa o('ur Lamulllla ocur cuuftam'D 'DO t::abmftt:: aft'Dta 


1 'Samhaisc '-heife,.. -The tenant supplieq a working man to the chief for every 
'samhaisc '-heifer which the chief has given as stock. 
2 Godl!! ba"'1ud.-1n C. 2,830, the following explanation of this passage is given:- 
.. The godly feast, the human feast, the worldly feast, are all different. The godly 
feast, i.e, ß thing that is offered for the sake of God, such !U< the food of Sunday 
anll of the solemn fe<tivals; amI the food of the pilgrim and the food of the baptism, 
alU! the fo",! of the wake, alii! such others; and the "ne night's entertainment. 


,.. C (fs33) 
 

 -,. ftt<fV
, 
,(/
 )L<t 



The I corus-flatha '-law, i.e. of a clll.ef in relation 
to tenants, for banquets, for manual labour, for procla- 
mation, for pledges, for regulations and good morals, 
that they may attain to perfect justice. 
The 'corus flatha'-Iaw, i.e. 'coir-seis,' the right ('coir') rule ('re'f') of 
the chief as against those people who ha'-e chosen to hold as t
nauts under him. 
Le. ,daer_stock. tenauc
. For banquets, i.e. to go with him (the tnu1>It) 
to drink at the banquet aJ hi. hause. For In &uu &I la b 0 u r, i.e. far furnishing 
a man for everY'samhaii'-heifer.l For proclamation, i.e. of 'cain'-Iaw, or 
'cairde'-Iaw, or hosting. F Or pledges, i.e. to go with him to redeem his 
pledge or his hostage, Le. that it be he that will gi\"e a pledge for him. For 
regulations, i.e. for the rules of ,cain'_ljlw or 'ca.irde'-law. Good morals, 
i.e. lawful custom. That they may n ttaiu to pelfect justÎIJe, i.e. that they 
llIay be restrained according to justice in a proper manner, or as is proper according 
to justice. 
Question: How many Lanquet
 are there 1 An- 
swer,-Three; a goclly banquet, a human banquet, 
a demon Lanq uet. 
Question, i.e. I ask how many or what nnmber of banquet. are di-tingnished 
or ennmerated in the 'cain'-ljlw of knowledge, Dr the 'cain'-law of narration? 
"That i
 the godly banquet 1
 A gift to God, the 
Sunday gift every week, the celebration of the solemn 
festival, feeding a })il;;rim. , a gift to a church, bap- 
-,' 
tislllal refection, 3 feeding the guests of God
 shelter- 
ing the miserable, consecrating a church, feeding 
 JI. 
paupers, harbouring the poor;- it is well if they ft fi 
.observe. theðo. 'iW/. 
c. "'* 
A gift to God, i.e. to offer a thing to Go&!. The Sunday gift, i.e. as much tn... 
a' he 
 on Sunday, i.e, the Sunday meal to be given by the married pair to their :::.:::t 
church. Every week, i.e. if there be not ale; if there be ale, it is e\"ery month. 
The celebration of the solemn festival, i.e. Easter Dr Christmas, etc. 
Feeding a pilgrim, i.e. to feed the per!lOn who ÏB as it were in his grave, the 
pill,'Tim. A gift to a church, i.e. tithes and first fruits, etc. Baptismal 
refection, Le. religious food, i.e. of baptism, i.e. the price of the baptism. 
Feeding the guests of God, i.e. to give relief in food to gue.,ts for God's 
sake, i.e. a night's entertainment. Sheltering the miserable, i.e. to give 
them sta, es and gloves and shoes for God's sake, i.e. full feeding to whate\""r 


SExcrre
 )fOR. 



JN..- 


The human banquet menns the food of tenancy. The worldly banquet is, 'boil fat 
for me, and I "ill equally boil fat for thee: .. - - - - 
S Baptismal ,',pction,-Over the 5 of the word "EJ1.In'Oe.' in the IllS. a later hand 
has written "c," intimating prohably that the word may also be spelled "Cfllllue." 
YOLo Ill. C 2 


19 


CI;ST(o,(- 
ARY LAW. 


.,. 


1 


"7
2 



(,,-
' 
'1- ...
.ç) 



20 


8enchur mó1t. 


:: -
'? 


CI.STO
(- 'Dolb .1. CI'D be t:p.uas P.IC a tar .1. a Lan bmdla'D'DOlb. PUIPIP. .1. qUI 
ARY T.AW. pep.a parclt:up. .1. rart:m
 0 t:e15 .1. a fOto)1.t:nu)';a'D 'Dmb mn t:aLLa'Ô rop. 
nech. b01Cht: .1. a t:eanñrmt:h 'DO na bocht:mb .10 oc na bl t:1IX5 1t:1)1.. 
t?o 'Da comlLret: .1. Ir mmt:h m t:acomuL rm, ocur 'Den at:, no bIt: a 
Õ 'De5 com ImuLunE a m bocht:a up. 'Dla. 


'DteEap. '00 tta1{;hWb '00 mmW1tEe{; caë 'Olb FOP. a 
'O e1 r. 


"OLe5uP. .1. 'DLe5u)1. 'DO na rLat:11mb t:lmop.Ean cmch 'Dlb rop. a 
reap.ann 'DILer bU'Dem .1. 'DO na rLatmb 'DLe5U1P. a t:obach 0 na t:umhmb 
,0'Don ecLmr. "00 rLalt:h U1 b .1. cae am 'Dlb reo anuar rap. a r e )1.an'D. 


Cwm 10 tte'O 'DOena? Fte'D cU1p.m{;IEe cwch '01a 
ttwd amwt ber a 'Ot1Ee'D, '01an cere{; a wTuttn11b, 
re1r, rU11up.1U'D, 'D1dl1{;. 


N.
 
s ,d... 


t?Le'D CUlp.mt:IEe .1. rLe'D oL cop.ma. "Ola rLalt:h .1. bU'Dem. (( 
,$''DLI5e'D .1. 'DO ee1Llb, .1. melt: a p.ut:þa. Ceret: a ulp.ILLt:1l1b .1. 'DO 
t1.ut:h ocur 'DO ret:mb t:up.cLume, .1. 'Do}:et: a rftlt:htoLa cae rLmt:h. 
t?elr .1. CUlP.1U'D. r. 'D. .1. 111 U1'Dêl .1. co Lm'D. f-'UIP.IP.IU'D .1. cen 
ChU1P.1U'D .r. 'D. .1. I to .1. cen L111'D 111 U1'Dche. "01t:hlt: .1. cm cu Lm'D CI'D 
cen L111'D .1. ILLau. r. 'D. 



!CobFO'Dtwb)r ftl1111P.1U'O; Forep.namTt Feba ; b1m;ha'D 
ConEbata nU rOChlU'De {;uw{;he nU CU1OE1'D FIlla ocur 
'ObE1'D, OCur Ffl1 Ftt6Cfta n1t1'DbE''O. ><Cummame'>-p'me 
rerwb J' u1 1 u p.e'D. 


= j1J rfj
 ? 


Cobr o 'DLll1b .1. COb'DeILI5t1p. rO'DeltJu5a'D 111 'De5}:U1p.lp.I'D rea; 'DO 
25rp.mhnU5a'D 'DO }:oebt:a1E .1. fO umrLet:m'D. blat:hu'D con5baLa .1. 
aC'Denam cana oêuf ëa;p.":ol .1. bo cae op.bu. t?P.1 rochp.I'De t:uU1t:he 
.1.111 t:an blr ac 'Den am 'De5cmp.'De 'Don t:umt:h. t?P.1 CUlnEI'D }:Ip.a .1. 
1m pachmb C111'Dt:1 .1. 'Dolb ImU1ch. "oL151'D .1. 1m pachmb eClll'Dt:1o 
f-'P.I }:p.ecp.a .1. }?}l.1 }:p.ecp.a cae 111'DLI51'D 'DO cU1p.en'D cutce .1. 'Dap. a cen'D 


+-

-
, 

 


J Bound to let'y.-Over the letters" !lip." of the wùrd "lm!llft5et:," in the 
MS., is written by a later hand, "no mttllt:," impl)ing that the word may he 
also written "lmmp.m." 


)lCls.n) 
 1- 
 .l-t.3 W þ1,- 
 
 
'f/('tAI
 

 ,{, dl
 c(.., cc...J.., M-w 
 (1) 



:y. N,B.lI.-. 3
 f&A "e 
 ft 
 1 
 
 ,. :llf. 


SEXCHCS ?IOR. 


21 


miserable persons stand in need of it. Paupers, i.e. qui pera p&scitur, i.e. who Ct;STOM- 
are fed by the bag, i.e. wbat they take from each is sufficient for them. The ARY LAW. 
poor, i.e. to give full sufficiency to the poor, i.e, who have not bags at all. It - 
is well if tbey observe these, i.e. tbis is a good obærvance, and let them well 
support, or be supporting, their poor for the sake of God. 


The chiefs are bound to levyl each of these upon 
their land. 


Are bound, i.e. the chiefs are bound to levy each of these donations or rifec- 
tions on thcir own lawful lands, i.e. it is the <lut), of the chieftains to levy them 
from the laity for the church. The chi e f s, i.e. to lay each of these things 
mentio""d above upon their land. 


'Vhat is the human banquet 1 The banquet of 
each one's feasting house to his chief according to 
his (the chiefs) due, to whichbis (the tenant's) deserts 
entitle bim; viz., a supper with ale, a feast without 
ale, a feast by day. ,. 


The banquet of the feasting house, i.e. the feast of drinking beer. 
To his chief, i.e. hi. own chvf. His due, i.e. from tenants, i.e. according to the 
extent of his stockgiren. His deserts entitle him, i.e. in stock and return- 
able 'seds,' i.e. WI1U! each chief C(>n 9" hi. rnt"'f9&. A supper with ale, i.e. 
a convhial meeting, S.D., i.e. in the night, i.e. "ith ale. A feast without ale, 
i.e. without a convhial meeting, S.D., i.e. in the day, i.e. without ale in the night. 
A feast by day, i.e. whether with ale or "ithout ale, i.e. iu the day, S.D. 


The feast without ale is divided; it is distributed 
according to dignity; the feeding of the assembly! of 
the 
 of a territory aS15emblecl for the jJurpose of 
demanding proof and law, and answering to illega- 
lity. Suppers with ale, feast
 
yithout ale, are the 
fellowship of the Feini. 


Is divided, i.e. a distribution is made of this good fea't without ale; it is dis- 
tributed according to dignity, i.e. accorrnng to nobility. T he feeding of a 
collection, i.e. at the making of 'cain'-law, and 'cairde'-law, i.e. a cow jhYln 
e\CfY farm. The forces of a territory, i.e. when they are making goodly 
'cairde'-Iaw for the territory. To demand proof, i.e. respecting definite 
debts, i.e. by them outside. And law, i.e. respecting W1certain debts. To 
answer, i.e. to answer for every illegality with which he is charged, i.e. for him 
g The auembly.-The 'congbhail,' which has been translated' assembly,' may 
perhaps mean a collection of food made at the different' congbhails,' to furnish a 
meeting with food. 




cØ
 
''/l<Jt+loA //I(5) 

 


.IT " 1 0,$ 
" " 'J ,"l- !.J. "- 
<t.].. Ð-(I' 1 


'J" 
_..J 


8enchur móp.. 


(j"STml- ImactJ. Cummanle.1o cuma a mame 'DO nu re1mb .1. rteú'Domun'D<< 
AJ'Y LAW. In 1'0 ocur 11' . 1'1' rte'D. 8. 'D. 
eral b .1. In aJ'Dël .1. co L11l'D. 
1:'uI)1.I)1.e'D .1. rOI)1.1tmusU'D bm 'DO CI'D ILo cm m aI'Dc111.1. cen Lm'D. 


C01p, manCt11ne FJ1.1 r L01 Ee'O, 1'111 'Ouna"D, FJ1.1 EeLt, f1U 
,,'OwL, f1U 'Ol'swL, FJ1.1 fuba, nu twba, nu fOEnam 'Do 
'DIG, f1U rOTu:;achr- n01bp.e 111 C01m'De'D; ocur cwch 'õ1f1: 
fLcur-h, 'D1a pne, 7)IG abw'O, a C01m'De'O 'DO cum'Dach 'Do 
cach mWfl1uEa'D, 'DO cach LeruEa'O IGp, n'D1a ocur 'Dtl1ne, 
n u fober, fP.1 fOfteck, FJ1.1 fowflLe; a1LUr 'Ðttp:;ech each 
I()LOp,ba r-echr-a, each fomrnne, each faercUfp." cach foc1ILa 
(bel' 'DIP. 'Do ftwLh) ntecCUf1t cach 'Dmnaffle 'Do fuba 
flu fLwdl. U'Op.,eE a ll111 0, mbLeEatl, reEatt ((111enaft 5 . 
each n'Dt1Ee'D 'Do ne1fl1r-1b taft n'DfG OCur 'DUffle. 


1:')1.1 1'LOIse'D .,. 'DuLLelrma1't01se'D. 1:')1.1 'Duna'D.1o 'DuL tell' 111 a 
/Ó'Duna'Í>. 1:')1.1 seLL .1. 'DuL 'DruarLucu'Í> a SILL .1. CO )1.u nul' ICalt; 
r mt L1Um aEILt. 1:')1.1 'DalL .1. 'DuL LaIr 'DO cum 'DuLa .1. aenalË;. 1:')1.1 
'DISalL .1. 5)1.erl ceme01L. 1:'ftl ruba .1. na t;)1.1 ruba .1. J.O L011lSrechu 
ocur eët;alnu ocur maca t;1)1.e. 1:'ftl ftuùa .1. na t;ftl ftubu .1!'ft01mé'rtu 
[&.flftaln'D ocur beLa'Da ocur c)1.1cha. 1:')1.1 rosn am .1. cuë recht;ma'D La 11' 

t;echt;mam .1. m cueca no m cet;h)1.<<c1IU. 1:'ftl rOftt;acht; nOlb)1.e .1. 
r)1.1 r 01 )1.1t;hm na hOPttl 'DLISer a COm'Dlt;m a t;15eftna'De. "Dla rLalt;h 
.1.co)1.ab'Dar Lal t;h rem 'DO 111 m caë rm. "Dla rlne .1. 'DIU uftt; r 11le . 
"Dla ubal'D .,. coftab 'Da apal'D rem 'DO ne In cadI fin. (( COlm'De'D 'DO 
cum'Duch .1. a nseuttna 'DO cum'Dach. "Do cuch malnlusu'D .1. 'DO 
1&beO'bILJb ocur malftb'DILJb. 1)0 cuch LeruSu'D .1. 'DO b1U'D ocur coml\- 
1jf'ucht;. 1 aft n'Dla .1. na 1!ecLalrl. Ocur 'DUII1 e .1. na t;ualt;he. 
ftl 
rober .1. ëana, .1. ro:;hsaùalL no nor. 1:'ftl rOftecht; .1. calft'De .1. cam. 
r)1.1 r Oal )1.Le .1, cal)1.'De .1. U}tftU'Dalr, no nor 'DLJsteë. CCftUr 'DLIE- 
t;ech cach t;ù)1.ba t;ecllt;u .1. 'Dlb rln U1Le .1. 'DO b1U'D 'DO rLaldl. Cach 
3orom U1 n e .1. 'DO ùlro:;hu'Í> ocur 'DO manëulne .1. 'DO rét;aJb 'DO ectmr. 
Cach raerculft .1. caë 1'0C111'DIU'D 'Dlb fin 'Deachalb ocur 'DO ftt1Unmb. 
Cach rochLa .1. 'DaS'Dume Lmr 'DO 
um l1a1ftecht;a .1,11' 'De5ëtu cui; 111 
'Dlb fin, no Ir 'DesèLu 'D011 caë rm rod1ftalt;e tell' 'DO cum n'DuLa 110 
U1)1.eaèt;a .1. 'DO atëu)1. arr caë In'DtlsnË; t;IC 'DO rO't>luba a r La t;hanl1lur 
.""mme. CC'Dftesa)1..J. ro)1. m cmt;uch .1. ro)1. swLL. 111 0 mbLesaft .1 


1 And ;1 ü a banquel.-Rome words of the Irish have been here lost by the 
cutting away of part of the margin of the IllS. 
2 nile to a cldcf.-The Iri-h ""r<ls in parenth.-i. arc '\ritten O,cr the line in 
the MS. by a different hand. 



SENCIlU!:! l.WU. 


outsidp, l<'ellowship, i.e. they are mutualgoodi! with the 1<'eini, i.e. this ib the 
worldly banquet. and it is a banquet 1 fa.. ,"hich al
ofht" is given in returll, S.D. 
Suppers with ale, Le. in the night, i.e. with ale. 
'easts without ale, 
i.e. a relief in food to him whether in the day or in the night, i.e. without ale. 
Proper work-service for a hosting, for building a. 
, dun'-fort, for a pledge, for a meeting, for avenging, 
for service of attack, for service of defence, for 

ürving God, for a:,;sisting in the work of the Lord; 
and each shoultl rende1. this to his prince, to his tribe- 
chicJ, to his abbott, to protect hi
 lord in his prolJerty, 
in each service according to God and man, for good 
custom, fur guud law, for guud coull
el; for every 
lawful profit is legal, every return, every' saescuir'- 
offering, every mark of respect which is due to a 
chief, 
 to remove every inconvenience which annoys 
his chief. 'Vhat io uaod is 
 what is demanded 
is paid of what is due to distinguished persons ac- 
cording to God and mall. 
For a hosting', i.e. to go with him on hi. husting. For b uHding a 'dun '. 
fort, i.e. to go witb him in building it. For a ple,lge, i.e. to go to rede<'ffi 
his pledge, i.e. tbat it be b
' bim the interest of his pledge be pai,1. F or a meet- 
ing, Le. to go witb him to a meeting, i.e. a fair. For avenging, i.e. a family 
quarre!. For sen ice of attack, i.e. tbe three services of attack, i.e. against 
pirates, robbers, amI \\olve". F or service of defence, tbe three services of 
defence, i.e, \,el,,"o 1WD intQ tbe mounta!n and tbe pass and the boundary. :For 
serving God, i e. eHry seventh day in the week, i.e. the fifty or the forty 
days. For assisting in the work, i.e, for assisting
 thp work which ie-ffite 
of Iii.... to 81i1'1
 t
'I cúl,r"l, !!IïiÏs T ..,,1 (i od. To his prince, i.e. that it be for 
his own prince each one doeb this. }o'or his tribe-chief, i.e. to the head of 
his faulily. To his abbot, i.e. tbat it. be fur his own abbot each une does this. 
To protect his lord, i.e. to defend his lord. In his prol.erty, i.e. of live 
chattels ami dead chattels. In each service, i.e. of food and going "ith him 
a hosting. According to Go,l, i.e, tbe church. And man, i.e. the laity. 
Good custom, i.e. of 'cain '-law, i.e. distress or cu'tum. I;ood law, i.e. 
'cainle'-la,v, i.e. rule. Good count;el, i.e. 'cairde'-la\\, i.e. 'uITadhus'-law, 
or lawful custom. For eyery lawful profit is legal, i.e. of all these, i.e. 
of food to a chief. Ever
 return, i.e. of food and labour, i.e. of 'scds' to 
a church. Every' saescuir'-offering, i.e. every well-defined ojf,'illg of these 
in horses and bridles. Mark of respe<'t, i.e. a good mau with him to the 
assembly, i.e. every thing of these is a goo,1 character, or it is good credit to eaeh 
of tbese to have a furce with him to the meeting or ..s,cmbly, i.e. to expel frum 
thence every unlawful person who comes to undermine his chieftaincy. h 
levied, i.e. from the dcbtor, i.c. the h".tage. 'Vhat is sucd, i.c. uI thc I.ill - 


23 


Cu:-.T(n,1Io 
AR'} LAW'. 


OJ'

'
 
i.MM
fr
 
0-

 
,,> 




 ù'
 t 79 



 f)'/;b7' 


)C _.'- II 
C
,.
) +
 . 


C(,1 )'Il, 2-1/ 


24 


8enc hu r nló1t. 


CU
To'r- 
'\RY LAW 


rol' m mbLe05um. ,::'e5 a l' .1. m'Of<I1stll' 01'TtO 111UTtUen .1. t-'Ü1' cmc;ucn. 
CCf11.enUI' .1. ell'mtJl' u:u;nlb mUl'uen .1. uU'OU1b U1W. CUCtl n'Otl- 
5e'O '00 11elmnb .l-cuém'Olb If'OtI5e'O'00 nemtJb. 1u1' n'Olu .1-'00 
ecLmf' "OUlne .1. '01<< 
tarc;n. 


61-èe'D 'Domon'Da .1. FLe'D 'DO Lep,ap. 'DO macwb batr 
OCt1r 'Dp.och'Damwb .1. 'DO 'Dtutt:hatb, ocur co:mt:lb,oCllr 
obtwttatb, OCt1r bt
ll!
lr(_{1.b, OCl1r FU1flreop.atb, OCt1r 
metttechwb, OCt1r - 1)emt:atb, Ocur mett'Dflechwb, OCt1r 
'DtlOc1mamwb atlcena, 'Doneoch na t:abatp, att comam 
/0 L'atman'Da, OCt1r na L'abatp, aft tochtl1c nem'Da, 'r 'D 1t1 r 
1nfwm 'DO 'DemCfn m Fte'D pn. 
"Dte1)o:tt: FLwt:he FOnt1arLwct:ett a n1)etta; 1)eattarG 
'Dechmaí)a, OCt1r Ptl1m1t:e, OCl1r atmrana Fott a pne 
OCt1r FOP. a natC1)1ttne; cach map.Ftwt:h FOft a t:lHlt:ha. 
1$""Ct101t:hwt ambdl1ne 'Dl 'Da1)beratb cana OCt1r ftechq;e, 
OCt1r 'Da1)ber1)nt1, OCt1r chW1tí)1U. 


"OLe5<I1 'C .1- co I'U tuafLmce'C nu cetLe nu 1;eLLu '00 bel'm; nu 
Lu'Cn<< 
'CUI' u cellll. 'beLL<II'C .1.5eaLL 'Oobel'al'l'lrnu'Oecnmu'O<I1b. Pl'lml'Ce 
.1. 'Cof<Icn 5ubuLu cué nuu'Col'mü. ,::'01' u fine .1. nu cem;neol'u fme. 
20,::'01' u nmc51LLne .1. f<Iel'celLe OCUf 'Ouel'cetLe. Cucn mUI'
Lf(ldl 
.1- cué 
Lul'Cn mol' 
01' u 'Cuu'Cnmb COl'ub 'Ou Ttell' '00 bel'u 5etL. 
Tl'ol'CnC!1'C .1. u 'Cl'enaet(('O, no u 1:p,en'ClmUI'5UIL:Oþ: nnllfecn. ïh 
'Ou5bef<II b .1. '00 '0815bef 511ue 110 mom'O nu 1'1<I5L'a. Recn'C58.1- 
UI1.I'<roUlr .1. nor no bef 110 "/111t9 'Outu. "Ousbef5n U .1. CI'O 1 
a111 cm 1 
",5'c<I1I''Oe. Cnull''OIU .1. <III' bu'Oem. 


JI. X 
Cach p.echt: na'D o1)e 'DL11)P'D a mamt1 111 bo h01)"Dltl1'D; 
nl 
'Dlt1bap.ap. nach tlecht: 1)atbt:Gtl att t:hottbu; 'DLrS- 
np. 'DO 'D1P.1. 


Cuch l'ecn'C .1. caé Ttlcn'C 'Oume nu com01senn 111 moumu5u'O no to 

c 51'elm 'OLe5ul' 'Oe. 111 bo n05'011'1'O .1. noco n01;f15el' 'Oll'e '00, no m bo 


1 A deJ7Wnfiast.-Over the first 0 in the word' 'Oomon'Ou' of the l\1R anuther 
hand has "ritten 'no e,' impl)'ing that the word might also be sl'cllc<1 ''08111011'OU.' 



SEXCHl:S MOR. 


man-suret).. ".hat is demanded, i.e. .
hat i! d
fI1and
d is sought from both, 
i. e. from the debtor too. Is p aid, i.e. it is paid by them both, i.e. by them all. 
E\ ery thing which is due to distinguished persons, i.e. ever). thing of 
them which is due to distinguished person& According to God, i.e. to a 
church. Man, i.e. to his chief. 


A demon feast, J i.e. a banquet which is given to 
sons of death and bad men, i.e. to lewd persons and 
satirists, and jesters, and buffoons, and mounte- 
banks, and outlaws, and heathens, and harlots, and 
bad people in general, which is not given for earthly 
obligation, and is not given for heavenly reward- 
such a feast is forfeited to the demon. 
The chiefs are entitled to the redemption of their 
pledges; they give pledges for the payment of tithes, 
and first fruits, and alms by their tribe and their 
tenants in 'aigillne '-tenure; every great chief is 
entitled to them from his people. They remove foul 
weather by thei1. good customs of 'cain '-law and 
right, of good' bescna '-law, and' cairde'-law. 



 


Are en titled, i.e. that the tenauts should re(\eem the ple(\ges which the chiefs 
give in their hehalf. They gi ve pledges, i.e. the ple(\ges which are ghen for 
the tithes. First fruits, i.e. the first of the gathering of each new fruit. By 
their tribe, i.e. the four tribes. Their tenants in 'aigillne'-tenure, i.e. their 
'saer'-stock tenants and their 'daer'-stock teuants. Every great chief, i.e. 
every great chief ha! a claim upon his people, that th !I act according to the pledges 
which 
ven. They remove foul.
eather, i.e, they put down or remove 
thei r-o>. r. .Io
 e'!. By goo.d customs, i.e. b,r the pleasant or delightful custom 
of the rules. And right, i.e. of the 'urra(\hus'-law, i.e. a custom, or manner, 
or 'dire'-fine for cattle. Good 'besFna'-law, i.e. whether in 'cain'-Iaw 
or in 'cairde '-law. 'Cairde '-Ia w, i.e, for itself. 


Every person who does not fulfil the law of his 
service shall not have full' dire '-fine; no one found 
at profitable work shall be defrauded; 'dire '-fine is 
due to him. 


Every person, i.e. any description of person who does not fulfil the service or 
the dut) required of him. Shall not have full 'dire'-fine, i.e. full 'dire'- 
fine shall 110t be ce(\c(\ to him, or his' dire'-lÌne shall not be perfect. X 0 one 



5 


Cl-STO\I- 
ARY L\w. 


N,J, 7W 
-;, 
 

,fl

! 
r/,.'?trlt 
I-U, 



* t(fJ n ) 
 t4t ( s
 
!) -1'
rcÞ<Jv

M 
 
 t
- 

 ". 
 1
 7 
 t:.J. úftt -" v 
 t-J
 7 t?\II\UV 

 

 1,b' 
 -4rtw 
 
 
 
 -" 
 
 wJ,t ?VMh ttt, 0V1\if\- 
 
IMi1tI Jõ 
 
 a, 
'M <<lA, 


26 


. 


8enchur tnóp.. 


("'
TO"- 1105 U 'DIlle. 111 rOll'Dlubup.ap. I. noco 'Dluuap.ap. naè lllèe 'DUllle 
AI:\' LAW. submp. ac 'Denam Smml\((I'D eop.ba. "Dtlselp. 'DO 'DIP.I .1.111 'DIP.I 'Dbsef 
- 'Da'Dbut elp.I11U'D 'DO. 


.;Jf 
II c 2.7-l,Lf 


'û 1 tt1{;he C((dl 'lua rta1{;h, 'D1(( ecta1r, 'D1(( pfle, 'DO 
S- fleoch a'Dll.eEap. 'DOlb; cach 111e111ap. 'D1(( Ch1fl'D ch0111.' 

 'Jl Op.'Da1b flel1111'D fltll{;hqt cuap.'D((1b. 


"Dla 'rtme11 .1. 're1l1. "tha ectmf .1. rel1l. "Dla 'rIlle .1. relll. ï)o 
lIeoch a'Dp.esap. .1. 'DO lIeaè mp.Sleheel\ 'DO 'Dtel}'111 'DOIU. Cuch 
III c m ap. .1. caè meumal\ cuop.ub 'DO fle1fl a C11l'D aehchomUll\C bef 'DO 
lo1 1el P. éOlp.. Op.'Do:Ib nelml'D .1. op.'Dmeheep. In eUfl'DlluCU5U'D fa11l 'DO 
IlU nelmt1b 1UP. cae Ulfl'D .J. Ulfl'Dp.ucldleep. enectann 'DO neme'D \-0 
uruflÆeo:J'D, cl'Due CUaJfl'D I mbe. 


t 


>jl 


Cach {;hua{;h CO P.1E; c((ch p.l CO n({ {;hua1{;h 'DO 
CU111 flecatra CO fla Ep.a'Da1ù ; c((ch E11C1'D CO fl(( 111((111a1b ; 
l.rcach 111a111 lflc( C0111U11111b COlttalb, CetlEWtJ.qte r O Ea1t 
'DO. :,:'ûa'- re{;) U1P.ltt1U'D 1fl'DttucUr en'DEe." 1{; {;eotta 
elp.ce a1p.b{;ep.. 


Cach el1uuel1 .1. cUflab un'D 'DO ne Im'Denam 01\flU. Co na 5fl a - 
'Dmb .1, If 111 ectU1f 111f1l1. Cuch SflU'D co na 1Pamo:lb .J. c<<è Sflu'Ò 
"clf11l1ll0amUSU'Dno If 111 5flelm éflabm'Ò 'Dtei;ap. 'De. Cacl1 mam 1na 
c'Üm m P.tl b .1_ caé 5flelm cp.uum'Ò 'DO 'Denae cUflau 'DO flelP. éommp.te << 
CIIl'D aehcolllmflc 'DO nee he. 'Cp.e rosUlt .1. enectunn ocuf 'Dlfle ocuf 
(m:h5 111 . "Da ree .1. Ire p.emeeele 1I1a l1U1fl'D mrnelfen ((IfleU,eú'O. 
(CI1\lttIU'D .1, 1111 tochur. In'Dp.ucuf .1. I mbp.eldllfl- en'Dse .1. I 
,snj; l11m l ul 'ÒUlÙ. Ie eeop.a elp.ce .1. el\atum'Òeep. na eeofla el,ce P'o 
'DO ap. a fcat .1. enectann ocur '011\e ocuf aJel1s1l1 .J. enectann ocuf 
eneélullce ocur enecl1S1uf' 


-'
 
GL8
J) + 
 41,Wv' 

#W- u.Jv 
 


x ap.uch{;al<c((ch p.nch{; Ira rUn'D conattp.ach{;a 1fl 'DC( 
ttec11{;. Rech{; a1Cfl1E t1.O ba1 ta pp.u ep.1fl'D CO {;1((ch- 
30{;a1fl qtel{;me 1 1ICU111f1P. t((GEa1p.e 1111C l1elt. I 1r a 


1 He be: his dignity remains even after the loss of his property. 
I Proper CO't1Isels.- That is the specific directions of the superior. 
. Ðcsc1.t,-Iu C. 833, the reading is, eo,-::ée .1. If rUlflSIU 1I1nl\UCUf ocuf 


it Cz.nlf : 
 CA4v 
 
 .,. fv.M.' 
.td.o;..A ./- 
 
 [
J .,. 
{
rM


."
cM
 ,.


 

'I_
 
t 4.Vî[ciJ
 

 

 

'I' c4-r.- 

 {"WI\!AJ' 



SE
cm;
 :\IOR. 


27 


fOll",1 a& p,'ojitabk 11'01.1; shall be defrauded, i.e. no description of per:;Oll Cl
TO"- 
fOllml doing work of profit shall be defrauded. . Dire'-fine is due to him, "'KY I.AW. 
i.e. the . dire.-fine to which he is entitled ü to be amply paid to him. - 


Let everyone pay to his chief, to his church, to 
his tribe, that which is due to them; each member 
is to pay to his proper head. Distin"&ui!\heq p
rsons 
of every grade bave honor according t\ tl\eir\dignity. 


To his chief, i.e. his OWII. To his church, i.e. hü own. To his tribe, 
i.e. hi&own. That which is due to them, i.e. which is fixed to be due to them. 
Each member, i.e. that every member shoulll be according to the will of his 
head of coumel by right. Distinguished persona of every grade, i.e. 
this distinction is ordained for the distingui'hed persons after a proper manner, i.e. 
honor-price is ordained to a ilistinb'Uished per8<)u according to his nobilit)., in which 
circle soever he be.l 


Every people ha.s (t duty towards its king; eyery 
king together with his people has a duty towards the 
church and its members in their sHeral orders;" 
:d'.. 
every order should be submissive to its sllpaim.s, 
every act of obedience should be done in accordance 
with proper counsels.
 There are three classes of 
trespasses to him. 'V orthiness and purity take prece- 
dence of desert. Only three' eiric '-fines are ordained. 



 1\( 
'}
,.'. " 
1T ovh 
 . 



 


Every people /w$ 'a dllfy, i.e. it is there (bffore the king) proof is proffered 
against them. In their se' eral orders, i.e. in that church. Every order 
should be submissive, i.e. every order is to be in the submission or in the 
obedience of piety which is due of it. Every obedience in accordance 
wi th p,'oP'" counsels, i.e. every act of piety which they do, they should do 
accor<ling to the advice of their head of couru,cl. Three trespasscs, i.e. honor- 
price and' dire' -fine, and restitutiou. T a k e pr e c e den c e, i.e, the
. go before 
desert,S in the order of narrative. Dese"rt, i.e. as to wealth. \\" orthiness, 
i.e. as to word. Purity, i.e. as to deeds.. Onl) three 'eric'-fines, i.e. 
tbe<e three' eric'-fiucs are ordained for him (the king) in,tea,1 of them, i.e. honor- 
price, 'dire.-fine, and restitution, ,u., honor-price, 'enecbruice '-fiue, and blushúl)e. 




' J,l-i4 
 
1'4 ktl'f) 
 

 
Y
LY.Jaw, eh i.J here u'as bindi ng until the 
tw
1
\
 \\ ere estabhshed.: The law of nature was 
"With the men of Erin until the coming of the faith in 


pnna 1n'Dara a1Tt1ttlU'D, i.e. \\ortbine5S and purity take precedence of desert, 
(ck.ert by wealth). 
. veeds. The teJ.t seems defecti, e here. 



28 


8encht11' móp.. 


CUAT L OIII- fi({1f11f11l fl7)e 
a:fi1C Pm::l1.G1c. 11' 1Ct:p. rp.f''Oef11 '00 Ff'1H11b 
ARY A'Y. 
e11,en'O '00 Pæ:;l1.G1CC c Q..)1 e11tEe'Ota: 111 'Oa: 1techr:, p.a:ch
 
n({1cfi1E, ocu1' 1ta:ch
 t'qte. 


CCp,p,ac1n::a .1. 1f ep,tum5t1 caê 'D1p,1at:a1'D 'D1b fO flf. 1 fa fun'D .1. 
S 1f1n tfenchuf. Recht: mCn1E ,1. na reap, pp,ean. Co t:wcht:mn 
cp,e1t:m e .1. ta pm:;p,a1C. Racht: n mCn1E .1.11.0 bm ac reap,mb ep,en'D. 
Rach t: t1t:p,e .1. t:ucafWp, Pm:;1 tmc Lelf. 


"00 ({11tFe
 'Ot1b
a:ch ma:c t1Ct: tt1E({1P. 111 f1Le 1 t a:chc 
fi({1Cfi1E; 1f e 'Ot1b
ach ce
a: 
a:1tc{{; ({1p.m1{;a:n rem '00 
/D paqw1c; 1f e ce{;a: ne1ta:ch{; 111Ct:m 1 
em({11l. 


Cop,c ma:c tt11E'üech ce{;a: p.o ftec11
 '00. b({1 fI'Oe a: 
fiE1a:tt ta: ta:eE({1p.e. f1urbp.t11E '0111 ta:eE({11 te rp.1 
Pæ:;1t({1C, 'O({1E 111 'i)p.t1a:'O mæ:;ha ma:c t1m01p., '00 1w1tn- 
Ea:P.{; fa:me 111 '01tW '00 taeEw1te EemTl puqw1E U1U 
/5'OCt1f ma1tbu ({11u,. l< 714ft, 
 r1 
. " 
, ""*
' l C({11 tm mac pn'Ochwm ce
a p.o ftech
 '00 111(( 'Oe'OG1E 

'_ ., j, fame; 1m ba pte ta taeE({1p.e. 
.IIL -Jo1 Cltf1A,'I\U
CI'" 

. e1tC 1f e ce{; 'Ot11ne 11.0 e1tm 1te pæ:;wuc a:c F e 1u::a: 

 (,"" 
, l'lot"lvt f'J. \I} Fell, Fe1Ee, FOP. bp.u b0111'üe, OCt1f anEe1f p.o rtech
. .... 
.).w ,) .;)fJ1, f' I Ð ...J 
r < .;,..vJ" .., - 


:10"D0 mp,fet: 'DU ùt:ach .1. p,o t:mfbenaft:mp, 'Duùtach mac ua tUEa1P, 
111 pte, 'Dlp,Im:;a1'D 111 mC111'D p,o bl ac <<,óum. 1 f e'Dubt:ach .1. eet: 'Dume 
t:ucaft:mp, mp,m1t:ean na11op,a1S ap, 'DUf 'DO pm:;p,mE 1 t:t:amp,mE. ((,p,- 
mlt:an rel'D .1. ua1rt1at:m'D 'DO bp,mtp,mb. 1f e cet:a nep,acht: .1- 1f 
e cet: 'Dume p,o elP,seft:mp, p,mme p,1<<m he Ifm t:e<<mp,ms. Cop,c m ac 
:itu1E'Dech .1. 'DeoEanaët: ëU1f1t. Cet:a p,o ftecht: ,1. 1f é cet: 'Dume 
p,o tftecht:aft:mp, 'DO 1f m t:eamp,ms. f'p,1fbp,U1E .1. t:ucaft:mp, up, 
mi>e taesmp,e rp,ltbp,ui> 'DO put:p,l11c. "DmE In 'Dp,ua'D .1. 1f 'D1 1'0 
hai>mp" 'DO ëomalp,te m 'Dp,uai>. film:;ha mac um01p, .1- 'DO tuat:hmb 'De 
'Donan'D, no 'DO reap,mù botE' "Do p,ap,nsap,t: .1. p,o tap,p,nsmp,eft:a1ll'. 
,'Dðet:a'D .1. rosnam na mùeo a n'Deëma'Oa ocUf a pp,1m1t:17p,t. b1u ocuf 
map, bu .1. t:p,1an 'D1bm'D oCUf cean'Date na map,b. 
1. Cfondall,e'-goo(ls.-That is what one leaves to a church by hb last ",ill and 
testament. 



'..-1. SE
CHUS MOR. ,)
 
(M gtot lkv 29 
-:m- Hv,;; t'1" ,..'. 
 ' c 
Ñ-I 
 _ 'IW'f' 
 <1'.". 
the time of Laeghaire, son of Nial. f It was in his CUSTOM- 
time Patrick came to Erin. It was after the men of AR
W. 
Erin had believed Patrick that the other two laws 
were established, the law of nature, and the law of 
the letter. 


U' # "In.nt. 
.. 
Wa, binding, i.e. each law of these down here wail biuGin g. Which is 
here, i.e. in the 'Senchus.' The law of nature, i.e. of the ju.t men. 
Until the coming of the faith, i.e. with Patrick. The law of nature, 
i.e. which the men of Erin had. The law of the letter, i.e. "hich Patrick 
brought with him. 



 


Dubhthach Mac U a Lugair, the poet, exhibited the 
law of nature; it was Dubhthach that first gave 
honorable respect to Patrick; he was the first who 
rose up before him at Temhair. 
Corc, son of Lughaidh, was the first who knelt to 4-'1, . 
him. He was a hostage with Laeghaire. But Laegh- GIll I t-. (\'].-
 
aire gave opposition to Patrick, because of the 
 L-- I 
Druid Matha Mac U moir, who had prophesied to 
 
 MtH,r ;rJ. 
Laeghaire that Patrick would take the living and 
,h 
 
C-
'J J . 
the dead from him. 
Cairidh MacFennchaim was the first who knelt to 
,( 
 [/) 
 
:) 
him after
::;; he was poet to Laeghaire 
Erc was the first man who rose up before Patrick 
at Ferta-fer-feige, on the brink of the Boinn, and 
Attgei\;;, wlìO knelt . & 
 ,;,., [.spih l'J "" 
 I.J,. 

 
, q 7-;,;, Cfl-4) l'tD-/ 
Dubhthach exhibited, i.e. Dubhthllch Mac Ua Lugair, the poet, showed 
the right role of nature which Adam ha<J. It was Dubhthach, i.e. he WM 
the first man who at the first paid honorable respect to Patrick at Teamhair. 
Honorahle respect. i.e. nobilityin.words. He was the first who rose up 
before him, i.e. he was the first man that ever rose up before him at Teamhair. 
Core, son of Lughaidh. i.e. of Eoghanacht of Cashel. The first who 
knelt, i.e. he "us the fint man who kneltto him at Teambair. Gave opposi- 
tion, i.e. Laeghaire 
re made opposition to Patrick. Because of the 
Druid, i.e. it was to it, i.e. to the advice of the Druid, he f,,;.l r""pec t. IIlatha 
 
MacUmoir, i,e. of the Tuatha De Danann.. or of the Firbolgs. 'Vho prophe- 
øied, i.e. who predicted. "'ould take away, i.e. the service of the living iu 
tithes and first fruits, etc. The living and the dead, i.e. the third of the 
"cque.-t and · eeandathe '_good,' of the dea'\. 



30 


8enchl1r móp.. 


CUSTOM- 
ARY I

w. 


8aep.r a 1"O muso, mOa1chF1"O "Ooce11et qua Ef1(("Oa 
ecatra, OCl1f qte 'fOEnam naH:;h11tEe '00 'Ota; ap.ur 
up.rto1ce 111 ftaH:;h \ f11 mep.ta cuch cenet 'Oume tap. 
C11.eH:;em, 1L1P. raep.cenata1b Oct1r 'Oaep.cenet; 1m1::a 
!J ramtw'O m ectwr lr up.rt01ce ap. cm'O each '01:Im6 '00 
fJc-och '00 caec fO t1.ec11c. 


8o:ep.
m'O .1. mac na n'Oaep. mp. -ruartucu'O a 'Omp.e .1. 'Oaep.<< 'Dm 
te1c;:;ep.'DfOF;tmm. 'Docenet .1'Ep.ai>a
eme. -r;p.la 5p.a'Da ecatra 
.1. 'Oo'Out
op.p.o. -r;p.e rosnum nU1r;hlp.Ee .1. r;p.e}''05nam 'DO 'Den am 
,,,'00 'D1a ac mtp.1S1, .1. m nmt1tp.e. CCp.'ur up.rtolce In 
tmr;11 .1. 
ap. Ir huar;uurtmct1 rtmr;h nlme p.e cach t1'Dume lraep. 1 ceneat '00 neoë 
r;IC 
o'Dtlse'Dëp.elr;me. Saep.cenatmb .I.j;pai>rto:r;ha. 'Daep.cenet 
.1. F;1,mi> 
eme. 1 mr;a .1. Ir mann team .1. ur amtm'D rem ar;a m 
ectmr, Ir uar;uartmC;:;1 hI ap. cm'O caë 'Dume '00 neoë r;IC fO 'D1p.latAO'D. 


II! II" 


I
 Ro 1"W1'Oe 'Oub1::hach mac ua tUEa111. m pt1 bp.edlem mHvw 
fe1t 11e11.el1'O a p.ach1:: a1Cn1"O orl1r a p.ach1:: Fame, a 11.0 
fattnafLap. fa1'Of111e a 1wc1n:; WCt11"O 11n bf1.eldlemnUr 
1I1'Ore hep.en'O, OCl1r 111a ptc1)mb' '00 1::0111.Cec1mm:;((p., 
'01'6U Fa1'oe teo, 1)0 tl1cFa bGpla ban hta1"O .1. p.adl1:: 
).0 t11::p.e. 


Ro p.m'Oe .1. p.o p.m'Òep::mp. 'Dubtaë mac ua tusmp. m r1te a mbp.e1dl- 
emnarra 'D
eal,alb e1p.eat1'D 'DO p.elp. 'Òlp.lar;m'D. Rachr; U1Cn1'O .1. 
na mbl,mr;hemun, mop.un'D, ocur pr;hat, 71't, ReIch r; 
m'De .1. na pt6'O 
.1. 'Dlp.lUr;m'Ò na rmrr;me p.o bl ac na 
m'Òlb anattur;, no a rmrr;me rem. 
131?al'Drl11e .1. a p.o 
ottan111mEerr;ml' 
mrnne na rmi>e m 'Dlp.lUr;m'D m 
mcm'Ò 'DO bl,mtemnmb na h111'Df1 reo 1'1 p.ean '0, ocur 'DO na ptS'D<<1b. 
Racl1r; mcnl'D .1. I mnbm'D l,eachr;a mcm'D. 'Do r;olp.cechnar;up. ,I. 
p.o tap.p.nsml'rer;ap. 'D111 na rmi>e 111 
1P. bep.to: blUr 111 te1sen'D. R((chr; 
LI r;p.e .,. 'D1p.lar;m'D m tr01rceta Irl'Òe1C. 


'{ 


3CJ a1::a ma11.a a 11.ech1:: a1Ct11"O 11.0 f1ach1::c(r; ((P. na"O P.0c11C 
p.ach1:: bep.e. "00 a1f1.fen 'Om "Ouheac11 '00 PCfLP.a1C; n1 
na"O U1)Ca1"O 111.1 bp.G1d1111. n1)e a 1tac11r; t1qle, ocur 1111 
cU1bre na cp.e1ren cona1p.1EG"O a nop."O mb11.eteman ta 


l+1'
'3t,) 


I Jud!Jments,-Over the last two letters of the worù . bp.pr;hem,' translate!] judg- 
ments, there are m'itten in the MS. . no bp.a' with a llJark of contraction over the p.. 
jt 


') 


'i 
 J 




Wi' 
 
 
The enslaved shall be freed, and plebeians shaH be 
exalted by receiving church grades, and ,by. perform- 
ing penitential service to god; for the 
lS acces- 
sible; he will not";efuse afiJ kind of pers
n after 
belief, either among the noble or the plebeian tribes; 
so likewise is the church open fm' every person who 
goes under It('l' rule. tr, 


SF.XCIIrS 'fOR. 


:n 


CU
TOM- 
AU}. L HV. 


The emlaf7ed shall be freed, i.e. the SODS of bond men after their beinl!; 
released from bondage, i.e. bond men who are admitted to learning. PlebeianB, 
Le. the Feini grades. By church grades, Le. bg having ecclesicuRcalgrades 
conferred upon them. By peni ten tial service, Le. by doing service:to God ill 
penitence, i.e. in pilgrimage. For the Lord is accessible, i.e. for the Lord 
of heaven is accessible to every per!'on who is free in race as coming under the law 
of faith. Noble tribes, i.e. the chieftain grades. Plebei.l1l tribes, i.e. the 
Feini grades. So likewise, i.e. I deem it similar, i.e. thus a\80 iB the church, 
it is open to e\ery person who comes under he,. rule. 


Dubhthach Mac Ua Lugair, the poet, spoke the 
judgments 1 of the men of Erin according to the law 
of nature and to the law, of the prophets, for pro- 
phecy had governed 
1'i1ing to the law of 
ature, 
 
the judicature of the island of Erin, and;t'he'})oets, 
who had the gift of prophets, foretold that the bright 
language of 
l would come, i.e. the law of 
the letter. 


Spoke, i.e. Dubhthach Mac Ua Lughair, the poet, spoke the judgments to the 
men of Erin according to the direct De&! cifnatu,.e. The la w of na ture, i.e. of 
the Drehous, IIIorann, and Fithal, etc. The law of the prophets, i,e. of the 
Irish poets, i.e. the rules of the prophecy" hich the prophets had of old, or of 
their owu prophecy. Prophecy, i.e. for the prophecy of the prophets governed 
the rules of nature for the BrehoDS of thIs iBland of Erin, and for the poets. 
The law of nature, Le. at the time of the law of nature. Foretold, Le. the 
prophets had then predicted the true language that was to be in the lection. The 
law of the letter, i.e. this is the rule of the Gospel. 


There are many things tbat come into the law of 
nature which -
t eOl'!:l0 into the written law
 7Wí 
 ')- 
Dubhthach showed these to Patrick; what did not 
disagree with the word of God in the written law, 
and with the consciences of the believers, was -Fe- 



32 


8encht1f mÓfL. 


CeSTOM- hecta1f ocuf ptma. no bo c01fL fLachc: a1cnm t11te acht: 
ARY LAw. 
cfLet:em OCt1f a c01fL, ocuf comUa1m necatfa ftu t:t1a1t:h, 
OCt1f 'Dtrse'D cecht:afL 'Oa tma t1r( p.mte ocuf 1na 
fLa1te; afL æ:;a 'Otfse'D t:uU1t:he 1 nectU1f OCt1f 'Ot1Ee'D 
d neeatfa 1 t;1.1a1t:h. 


cf- 1-
. 13 


CCr;a m ap.a .1- m:;a mop. '00 P.Ð1P. '01p.lm:;rn'O In mcmü, ocur p.o rwër; '00 
P.61P. '01p.lm:;m'O In mcmü. CCp. n a'O p.ochr; p.achr; Llt';}1.6 .1. ocur noco 
p.mër; '00 p.e1P. '01p.Im:;mü na LIr;p.e, ump. Lm cearr;a canolne na canom, 
ocur Lm rncne'O Ina u'Oap.ar. 'Do m p.t::en .1. '00 rnrben 'Oubr;aë bp.elt- 
,D emnar mcmü a paÜ11mrl var;p.mc, 111 m na r;mmc anmË;lü bp.eltp.e'Oe '00 
'01p.Im:;m'O 111 rncmü p.o bUI a n'Olp.lm:;al'O LIr;p.e, ump. nocop. cUll1.er; aër; 
t::or-bann p.eachr;a arr. f:'P.1 cU1bre ,1. '00 P.61P. cubmr na cp.lrr;m'Oe. 
tj a 'cfie"ren .1- na cLep.ech. CC nop.'O mbp.etem an .1. nUI'Ot::1U'Onmr'. 
Ro bo COIP. .1. p.o bo ëOIP. '01p.1C!r;m'O 111 mcnm U1te. (Cchr; cp.er;em .1. 
J>'OO 'Om .1. p.o cytelr;Ir;lr 111 nar;hrnp. ocur 111 fPll1.ar;, ocur noco cp.elr;Ir;lr 111 
mac. CC COIP. .1. a comaLLa'O .1. 111 cp.elr;mÐ1ren. Comumm .1. 
coemurnm na ecaLra ytlr 111 r;umt .1. ump. noco yt01be rosnam ytelme rm 
'000 ecLmr. 'DLIE;e'O cechr;ap. 'OaLlna .1. 'OLlse'O cechr;ap. 'Oe 111 '0(( 
na'Olmar; rm 0 celLe 1m In .un. a '00 p.ap.nsmpe'O 
!2 'Ola 1 r;aLmmn .1. = 
ucach r;uar;h co P.1):; caë p.1E; 
na r;umr;h '00 cum necaLra.711.L.1- bar;har 

hma'O ocur pp.lmlr;e ot';umd,. 1na p.mLe .1. 
1I1a celLe .1. 'ITe reo 111 ap.mLe .1. pp.ocepr;, ocur O1f11.en'O, ocur Iman'O 
nanma 111 ecLmr r;aLt, ocur q1.wn 'Olbm'O ocur cen'Omr;he I r;umr;h Imop.p.o 
'01 ImUlch. CCp. ar;a 'OLlse'O r;umr;he 1 necLalr .1. ump. lr;a 111 m 
s5"'OLlser 111 ecLmr '00 r;abmp.r; 'Oon r;umr;h, 111 r;a't>nacuL '00 'Oena111 1I1r;e, 
ocur bar;hmr ocur comna. 'DLIse'O n ecatra 1 r;umr;11 .1- 111 m 'OL11;er 
111 ecLrnr 'OasbmL on r;umr;h, 'Oochma'Oa ocur pp.mm:e ocur r;p.lan 
'Olbm'O. 


, ? 
o - 


ff.ß, 


JJ." (; 
 z.. 1--4 
"Ot1Ee'D t;1.1a1t:he 1 necta1r 1mb1 11la COlfL CU1fi'Ot1E1t1'D; r;:, 
30 Ct1mEm t1fLt:echt:a 0 ecta1f l1. ba1def OCt1LCOmna, OCt1f t'

f")J 
tr.o.,1',r,e- t!t!!<!!n.:o anma, OCt1f 01Ftlen'D 0 each eclU1fJoo each Wtl 
na CfLe1t:me COlfL, co nU1f11elf bfLeldJtle 'De '00 cach 
m'Oa t:Ua1fe, OCt1f nO'Da comattæ:;hatt ;
cach nOfL'D Wtl na 
d!,"" c1fLt:, co n1tl101Chm a nt1ba1tlt:, a n'Dechma'D, a ptt1m1t:e, 
+f L1'3 0 ,.-z, 3 5 0CUf a Pt l1m Eeme, OCt1f a mmacht:, a mmna, co tlubut: 


I Ever!! order.--C. 833, ad(t., .1, op.'O necLara, i.e. order of the church. 



 C L'4

) wlv 1Yf'TL iM cM-t " 
 
 



SE
CHCS MOR. 




 
tttifted in the Brehon code by the church and the 
poets. All the law of nature was just, except the 
faith and its obligations, and the harmony of the 
church and the people, and the right of either party 
from the other and in the other; for the people have a 
right in the church, and the church in the people. 


t-,? 


There are many things, Le. there is much according to the rule of 
tM law of nature, and which comes in also according to the law of nature. 
Which do not come into the written law, i.e. otMr thing. which do not 
come in accordin$ to the rule of the letter, for the questions of the canon are more 
numerous than the canon i
elf, and nature is more than authority. Showed, Le. 
Dubhthach exhibited the judicature of nature before Patrick; what did not come 
against (WlU not oppo.ed to)the",ordof God in the rule of nature was in the rule of the 
letter,fortheo!e
8eyer!!:rof1awonlywasrejectedfrom it. Wi th the consciences, 
i.e. according to the conscience ofthe Christians. The helievers, i.e. of the clergy. 
The Brehon code, i.e. of the New Testament. Was just, i.e. all the rule of 
nature was correct. Except the faith, i.e. the belÜ!f in God, i.e. they be- 
lieved in the Father aUlI in the Spirit, [JUt they did not believe in the Son. 
Obligations, i.e. the requirements, i.e. of that faith. Harmony, i.e. the 
agreement of the church with the people, i.e. because there was no service previously 
rendered to the church. And the right of either party, i.e. eitherofthetwo 
parties is entitled to receive from the other the seven things which were promised 
{t'ó)God on earth, i.e. every people with its king every king with his people to the 
'ë(,urch. etc., i.e. baptism aud communion are due from the church, and tithes and 
first fruits from the people. In each other, i.e. in one another, i.e. this is what 
. the each other' means, i.e. preaching, and offering, and hymn of soul in the church 
within, and one-third of legacy and . cendaithe'-goods in the people is due to it out- 
side. For the people have a right in the church, i.e. for there is a 
thing which the church is bound to give to the people. i.e. the hurial to be made in 
it, aud baptism aud communion. And the church has a right in the 
people, i.e. what the church is entitled to receive from the people is, tithes and 
first-fruits, and one-third of every legacy. 


The right of the people as against- the church in 
which they are in proper law; they (the people) de- 
mand theÙ' Fight from the church, i.e. baptism, and 
communion, and requiem of soul, and offering a1.e due 
from every church to every person after his proper 
belief, wiih the recital of the word of God to all who 
listen to it and keep it; every order I is to abide in its 
proper position, t-hat their gifts, their tithes, their first 
fruits, their fir
tlings, their bequc
ts, and their grants 
YOLo III. D 


33 


Ct:ST(I
- 
AHY L.'w. 


1lt7
?cj, 
otk p, 2
 


f}ætw II (,. ). 0 
_ C/'."
, c..búJ.o f 1f3f.) 
fr. Ill. . 
::JtI 


í
" feu.. ß 
1I.Dk 4.-rt..- 

.fW7t-. 
",!!-. Ñ
r- 
 

.
. 
 at - ;rd. 
4.ß;c(,- .. 
- 


.,w. -
 ft' - t 



y. C (iH) LA 
 
 
 .,. 
 tý.k, 71J4v ./reA 
 '1M 
 (,(I 'J1,
,.M-f 
 
'1\.lt411 tht-..t 
,":" c.rvf 
 
 
 
 7 t\I tvo
 


34 


8enchur móp.. 


(J
.p{, 
If 


CI!9TO'll- 
ART LAW. 


x 
"Oon ecLmr tap, net;La 1:11P.'D, CO fOltmcht; 
ma fon01P. anet;mL na c oq w cep.t;. 


each ocmt f. C. 
-í 


=
- 


"OLlse'O .1. 'rre reo m m 'OLesmt: m t:uat 'Don necLmr. 1mb1 1n(( 
COIf1. .1. 0 belt: Ina caen'OLISIrn 'DO f1.elf1. é01f1.. CU1nSI'O uf1.t:cc11t:a .1- 
S' CI11 1151'01 f1. In t:uap:lL'OLlse'DfU af1. a necLmr. "00 cac 11 1 af1. 11 a cf1.CIt:m f' 
COlf1. .1. '00 caé ac 'Olb Wf1. na cf1.e1'Oem '00 f1.e1f1. é01f1.. Co nalr"elf 
bf1.el t:11 f1.C 'Oe .1. co nuaruL m'Olf1n bf1.elt:11f1.e'Dé (.1. }1f1.0cept:) 'Don cai; 
blra nUf1.t:ua
f1.1a. 1 n'Oa t:umrc .1. In bf1.CIt:111f1.. UO'Da comaLLa- 
t:11af1. .1. comaiLLer1af1.t:mn 11,. Cac11nof1.'O laf1. na cl'rtt: .1. cac11lna 
,O'DtJse'O .1. 11' In ab'Dame. Co 111 mOlc111'O .1. cona emrumt:f1.e'O af1. 
e!f1!>!1 
In Luét: t:uc a nu'Obaf1.t:a 'D01b, .1. co mm'Dlt:en a nu'Obaf1.t: acmb t:f1.e n(( 
nmf1. nm soe. a n'Oec11ma'O .1. co cm'Oe'D. CC pf1.1mlt:C .1. t:oruc11 
sabaLa caé nuamf1.m'Õ. CC Pf1.1mSClnc .1. caé cét: Lues ocur caé cét: uan. 
a nu'Oac11t: .,. 
f1.1 bar. CC 111mna .1. a !!.e
<!f1.J'Lamt:e. Co f1.abat: 
1
'DOn ecLmr .1. co f1.abat: fin 'Oon ecLmr 1af1.nof1.'Ousa'O a sLame. 1 af1. 
net:La UIf1.'O .1. 
IL1af1. nuf1.'O ct:oLe. Co fOf1.t:ac11t: cac11 at:mL.I. co 
\.'OI11.It';,n caé sLam, cuna f1.a f01Rsca 111 nllsLan 111'. 11 a cocf1.a CCf1.t: .1. 
neé na claLLf1.unm5cnll .1. na Se1bcn'O 'OtJi;C'D, .1. nu'O cacf1.umIEen'O, no 
n a'O éoccf1.t:ann ce1lt:. 


-1Uht L rr- ! ) 


-:: 
.{!I2JIf.n 


..: "1 


t- 1 S'2 . 1'1 
tZ-/ Lr H,. 
,">V, I 



 -each neme'D a p.1ap.; cach chm'D a ct11n'Dl\,ech fOt1. 
a memp.t1; map.m0151'D ecLwr en'Dce, mp.1t;1U cach me1C 
"00 fop.c1t;at, cach manm5 "Ota C01t1. md1p.Ee, co fotcwh 
c01p.mb cach 'Ota cp,e1f1ne C1P.t;. 


Cuc11 nemc'D .1. 'Don ccLmf fOf1. a manéu, .1. 'rre'O If tell' 1Ilneme'O 
ðln f1.1a11.'DtJSer'DO t:abmf1.t: '00. Cac11 C11,n'D.lo 'rre'D'r Lelr In cenn 
Caen'DIf1.SU'D a memop. 'Oon cLmne 
0f1. at:rt1t:. fll a:f1.mOISI'O .1. '1' mop. 
moEU'O 'Don eCÙI1r O1SC 'DO bIt m'Ot:I. CClf1.1t:IU .1. 'Don ecLmr. Co 
foLt:mb cOl11.alb .1. co na 
oLa'D C0111. Lmr mnonn, no '1' '00 oecLmr .1. 
cor na fott:wb a t:a '00 f1.elf1. é0111., no co t:af1.t:a caé a foLt:a COIf1.C 'DOll 
?o ecLmr bel' 1 n'OtJsu'O a cf1. 1 rt:al'ooac11t:a. 


1 Pur
person.-C. 833, bas "If an impure, immoral, unjust person assail a pure 
buly person, the country sbaul<! respond to bim :md check bim. " 



SEXCIIUS 
IOR. 


33 


may be legal , and may be given to the church ac- 
cording to the purity of the order, with l'elief of each 
pure pel'son if an impure person who does not observe 
justice has assailed him. 

 


Ct:STO:U- 
.A.RY LAw 


The right, i.e. this is what the people ore entitled to from the church. In 
which they ore in proper law, i.e. "hen they ore in proper law occording to 
justice. They demond their right, i.e. they seek this noble right from their 
church. To eVQry person ofter his proper belief, i.e. to evcry one of 
them (the laity) ofter his belief in a proper mOlmer. With the recitol of the 
word of God, i.e. with the noble recitotion of the word of God, i.e. preochiug 
to every one who is a listener to it. Who listen to it, i.e. the word. 'Vho 
keep it, i.e. who keep it afterwords. Every order is to abide in its pro- 
per state, i.e. each in his own right i.e. in the abbacy. IIIay be legal, 
i,e. thot the people who gave them offerings moy not oppose them out of con- 
tempt, i.e. that their gifts moy be secured to them by their prayers. Their 
tithes, i.e. with definiteness, First fruits, i.e. the first of the gathering of 
each new fruit. Their firstlings, i.e. every first calf, and every first lamb. 
Their bequests, i.e. at the point of death. Their grants, i.e. f.nrthphp.lt b 

oul. That they may be given to the ch urch, i.e. that these may 
be allowed to the church according to the order of its purity. According to th e 
purity of the order, i.e. which is according to the order of purity. With 
relief of each pure person, i.e. with relief of each pure person,l so that the 
impure may not injure him. Who does not observe justice, i.e. one who 
does not conclude justly, i.e. who does not submit to law, i.e. who does not 
meditate fairly, or who does not adjust fairly. 


1,?. fulL 
 


Every dignitary is to have his demand; every 
head to direct its members; purity benefits the 
church, as 'regards the receiving every son for in- 
stmction, every nwRk to his proper penance, with 
the proper payments of all to their proper clHtrell. 


Every dignitary is to have his demand, i.e. as to the church npon her 
monks, i.e. the dignitary is to have the tribnte which is due to him. Every 
head, i.e. it behoves the head to direct the members from the error in which they 
are. Benefi ts, i.e. it secures great obedience to the church to have purity ill 
her. Bec.ei ving, i.e. by the church. With the proper payments, i.e. 
h:ning his proper wealth with him on his going in, or to a church, i.e. with the 
dues which are according to justice, or that all sho\Ùd give it.'! proper dues to the 
church Íft ,rn"OL Ct"i,t-iaR-I.." the;- lW' pr...:fd. 
 ið 
 "" (,:e. 
V(4) 1k 
 'ð J.r XWi 
YOLo III. D 2 



J- C 
BJJ) iIAI (?) 
.,. f, 
 1 

 Co;: Mf4
 ?) 7 (Atfw 

 .
 Q./ 
 .,. wv.(,-iA f..?1M>1Þ
 rA1Ã (M 
 7 
 newIv -i-u -þ 
?M..rv 1 .ltJ 
 


I{- CUSTOM- 
ARY LAW. 


J1JlJtJø' 


rt't
 -= '111
 
 



 =
 t. 14 '1I 



 Q:< 1nJ{, '7 


3G 


Senchur móp.. 


Cach fine, each manehe, cach an 'Don;, 1arL 
'Dtrse'D ; 
'Dt1Ee'D each 'Deop.a'Dar, eomtofsd1e each er;at lC 1af1. na- C 
)l 
ner;at; cach 1mmEa La eomr;01t eoma1p.te; cach tucq:;mL 
1aP. eomwp,Le, co ner;ta co COplla1L1ur /cach c01mre a 
s cu1t1'Dttectf, cach e01m'De'D a cumr;ur, cach mO'Sa a mam. 
Cach manche 1att p.e1tt, cach tuap. wp. cubur, cach 
eubur eor;nae 01Ee; cach mtur;1u 1aP. C01P., each mw'D 
ma mamu, cach memup. 1;a- màmmb C01t11b co t1'smtte, 
cach Ea1tte 1na C1P.t;. 


c 


10 Cach fIne .1. F;Tun Cach manche .1, f1tle manoch. Cach an'Oou:: 
.1. pne e1'Lamo. 1 a1' nu1''OtIEe'O .1. ta1' mbelt 'Oolb ma nuofot 'O tI 5 p 'O. 
"OtlEe'Í> cach 'Oeo1'a'Oaf .1. am01t '00 1'01chet: 011'ch111'Oeét: 101' n'Ou'O- 
chUf .1. 'Oe01\a'Í>a m a tucc Ch011' .1. 'fm oét:mo'U tucc. Comt01F;t:he 
cach et:at .1. coma1\téct:a1\ 111 t:et:ot,ufm anet:l1t 'fm ect01f. Cach 
,ii'I m t:oEa .1. caé aen t:0501t: C01\ab a comãï1'te tocht:o no ecLalf1 t: 0 5t: h01 1\ 
he. C oc h1\1 OE01 t .1. coé 1'10501t f1'lIlt:hen'Oo 1m oen O11'bel1' bIt 0 nom 
'00 nom C01\ob 101\ na com011\te 1'e cenn at:héom01ytc bar áécu h,. Co 
n et:ta .,."a t:01t'
e bít: .1. no 51'01'0 necatfo. Co cOfm01tll1f .1.111 bm 
OCl1f In et:0I5 '00 be1'o1' 0 colt:cenn ecotfl .1. fO'ULaI'O '00 no E1'a'Olb cm::- 
jI 1'umo. Cach cOlmfe .1. If La coé naen '010 t:obOl1' coml1f U11''U, 110 
com'OI1'EO'O 111 1111\'0 fm .1. If t01f 111 fecnop cum'01'ech no mem01\ '00 
1'911'. Coch COlm'Oe'O .1. If Lalf 111 cOlm'OI'O .1. Lalf In cenn, Lalf 111 
ap01'O a comuf 01
 I
I blf a fecnop01::1 1'e tOlm. Coch m 050 0 mom 
.1. If e"!) If telf In mOEOI'O In mooml150'U no 111 51'e1m 'OOI1'e'Otes01\ 'Oe '00 

ð'Oenom. Cach monche .1. '00 1\el1' 111 opo'O. Coch 1"01' .1. cop.ob 
1'101' c011'hl, OCl1f n01'ob Imo1'c1'01'O. Cot:noe O1)';e .1. cona comet: 0 
nEtome. C ach al 1" t:1 U .1. coch O11'éln'Ocheét: 101\ n'Out:c1lUf '00 1'et1' 
é011\. Cach mlo'O Ino momu .1. coé E1'O'Í>, .1. In coé OI1"t:n1r;-r;e1' If 111 
O11'cmnecht: c01'ub '00 1'elp. é011\ '00 be1'to1' 111'01::1 he Ifln tucc 0 1'olch 
3 0 '00; no m t:1lf é011' 111'Ot:! cop.ob e 'Oech m'Ot:1. Co n50lyte .1. 'Oon éln'U. 
Coch 501 1'e I n a CI1' t: .1. C01'ub '00 TW'1' ém'U ot:hcom01ytC '00 nelt:he1' 
hI .1. na t:01't:o1' O11'on f01yt. 


1 Every receiving. . CClytCln'Oeét:' is written in the IllS. by another bsnd oyer 
/ the word in the text, as a correction probably. 
2 LJigniJied pe,.son.-C. 833 bas: .. He who is in power is bound to direct an<1 
check the person wbo bis under bis law and jurisdiction." 
n .,_ _ 
 _, 'I.:.. _ 3 . Ererwch'-state.-The word in tbe gloss of the MS. is '011'pcht:,' but onr it 

'L
 
' 

 
 
_ - __ at tbe letter l' another band has put'cln,'thns making the worrl a< ginn in the Irish. 




 
H.L 
 vf <<"t-r
 ' 



SE
CHT:S MOR. 


37 


Let every tribe, every monastic tribe, every' andoit' Ct:8'1'OM- 
church tribe, be in their proper right; let the stranger AR T LA W. 
tribe hal.'e its right, let every pure person be esti- 
mated by comparison u'ith the impure; let every 
selection be by the consent of the council; every rule 
according to the council, with purity, with similarity; 
let ev
ry dignified pel'son h(æe direction, every lord 

 ì If/ 'O 
, let every slave be in obedience. Let 
E3.ILp,'8 every monastic tribe be in rule; every demand 
according to conscience, every conscience a FCCCp - 
 fr'
 
tade ot: purity; let every receiving 1 be according to 
justice, every dignified person in his jurisdiction, 
every member in his proper obedience with main- 
tenanct:, every maintenance in its right. 
Every tribe, i.e. the original
rsof the land. Every monastic tribe, 
i.e. tribe of monks. Every 'andoit'-church tribe, i.e. the tribe of tbe patron 
saint. In their proper right, i.e. after tbeir being in their noble right. 
The stranger tribe its right, i.e. as they attain to the 'Erenach'-state by 
hereditary right, i.e. kt the strange-settlers suca
d in their proper place, i.e. in 
tbeeighth place. Let every pure person be estimated, i.e. let the pure _ ILL.I I../..rl.? 
be a4,I<QRi.!<gll:'.1 the t
ilfi.!tJ qf th
 impure in tbe church. Every selection, 
'"'<(, v'V..- 
i. e. let every one whom the)' select he selected by the council of the people of the 
church. Every rule, i.e. every religiow rule respecting one meal from evening 
to evening they should have after they have consulted with tbeir bead of conn-el 
"-ith purity, i.e. they be according to the will of God, i.e. of the grades of the 
church. With similarity, i.e. of the food and of the clothing which is given 
acconting to church usage, i.e. they are divided equally to the grades. Every 
dignified person,' i.e. this belongs to every one to whom power of order, or 
direction of the order is given, i.e. it is the duty of the vice-abbot to direct the 
members according to their rule. Every lord, i.e. it belongs to tbe lord, i.e. it 
belongs to tbe head, i.e. to the abbot to have power over the person who is in the 
vire-abbacy by his hand. Le. every slave b
 in obedience, i.e. it behoves 
the slave to :> ield the ob..dience or submission to the bondage whicb is due of him. 
Every monastic-tribe, i.e. b
 according to the ahbot. Every demand, 
i.e. that it be a proper demand, and not exorbitant. A receptacle of purity, 
i.e. that it be kept in purity. Every receiving, i.e. let every 'Erenachy' 
be according to hereditary right after a proper manner. Every dignified per- 
son in his jurisdiction, i.e. every grade, i.e. every one who is received into 
the 'Erenach '.state 3 should be received into it according to justice in the place 
whicb falls to him; or let the person who is entitled to be in it be placed in it. 
"'ith maintenance, i.e. to the head. Every maintenance in its righ t, 
i.e. that it tJe done according to the head of counsel, i.e. that t1u:u-be no
 
CW 
 
 
upon it. 



CUSTOM- 
AJitY LAW. 


'Í',1L t'19í, t.7 


J-
ov.
m ß,IW trf 
ßJJv.p 14 


Ça". 


ß O'D. 31;;. 


38 


8enchur móp.. 


COIP. ectmf1 0 Luau:h, "Dechma'Da, ocur Ptumn:e, OCur 
Plum-sene; "Dt1Ee"D ectwr "DIG memp.wb. 


COIP. ecLalfl .1. lITe feo nl 't>LI5Sf In ecLalf't>on t:ualt:n 't>o P.81P. 
cn01p.. "Dechma't>a .1. co cm't>lu't>. Pl1.ll11lt:e .1. t:ofncn 5llbaLa caë 
S nuutop.aI't>. pp.11115ene .1. t:U1recn 5elne. "DLI5e't> ecLalf .1. 't>LISI't> 
In ecLmf fmn 't>la l11ol11op.lt:nnecnmb. 
"
 
. I 
t-' (n., 
ñv,,
J,- 
- 
Cmr;e r;echr;a pp.lmEene 1 Cach Plum-seI01r;, .1. cach 
cer; r;Ulfï)111 cacha tan am an "Daen"Da, oct1r cach Fep,mac w.13 
cqtwtolce b11.01n'O a mm;hatt IGtt cer;rnulOr;lp. COltl, con a UøJ- 
/Ð COI'Orenmb ttelp. a ncmmcattm;, 'Oech
/mo' tera1'Or;ep. 
ectwr OCt1r anman'Oa; ocur caë Fettmlt "Dno otcena 
at1.Or t01ce bt1.01O'O a mm;hap. "DO ced1twlb blcmb [no 
mt1chmlb]. pt1.1mlr;e qw, r;orach Eabata cadl nua- 
r; O t WI 'O Cl'O bec Cl'O mott, ocur cach cer; t({eE ocur cach 
,s-cer; uan "DO cUIp.1chr;etl 11' 10 bt1a'Da111. 


Calt:e 't>ecnt:a 1'p.lm5ene .1. came 't>LI5e't> m t:U1recn 5eme. Cac11 
pp.lm5elnn:; .1. caë cat: Laes. Cacn cet: t:ulf't>)u .1. cacn cet: LeLap 
bep.ef bean ap. t:uf. Cacn t:ep.mllc .1. cacn mac reap.'t>a tllLe Ima 
-ruat:uarLmcsn't> m mm:;nmp. a bp.om't>. 1 ap. cet:mulnt:lp. COIP. .1. ap. na 
?" t;ucdJap. cLan't> a't>aLt:p.acn na ban t:ame't>on ecLalf. Con a cOI't>fen alb 
.1. ma bel1.alp. ammp.ef U1P.P.I. Relp. a nanmcap.at: .1. 't>0 p.elp. m am 
Lmr In cap.t:ana<:n a ammo "Decn mo Lefal't>t:ep. .10 If 't>e5 mo 
term5ef In ecLm}t!m 5abmL necnmp.ce, af 't>ecn Lefm5ef ed,mf t:aLL 
1m t:;ec11 nal5e't> ocuf
õñìãirt
e \I:!
_
!j) .1. balt;nef OCUf comna OCUf 
2.:> Imna nanma 7P.1,. Caë "rep.mIL .1. cac mIL reap.'t>a 't>on U1Le ëena Ima 
rUlcr;uafLmcen't> In mat:nmp. a bp.om't>. "Do ceat:np.alb blcalb, 't>0 
cet:np.mb 5Lanalb .1. 11.0 u't>pap.t:na a p.ecnt;. pp.lmlt:e t:p.a .1. t:mfecn 
5 eme tp.a. Z;ofacn F;abaLa .1. In mmcn, ocuft:op.a't> mmft:ep.t:na, ocuf 
cet: bte05un n<< moo. Cacn n uat:op.al 't> .1. cacn t:op.am nU1. CI't> bec 

".I.lm Lu, CI't> mop. .1. ml cLelt:hlo 


[Cach Feap.mac ap.ortmce bp.o1t1"D a mar;hup.. 


1 0,. lac'i.ferQU$.- The words translatcd thus are cncloscd in brackets in the 
Irish, and arc an aliter reading interlincd bya later hand. 
 iÑ' 
 



SENcncs MOR, 


39 


The l'ight of a church from the people is, tithes nml 
first fruits and firstlings; these are due to a church 
from her members (subjects). 


Ce
TO)I- 
ARY LA", 


The ri g h t 0 f II. C h u r c h, i.e. this is the thing which the church is entitled 
to from the people according to justice. Tithes, i.e. with definition. First- 
fruits, i.e. the first gathering of each new produce. Firstlings, i.e. the first 
born animals. Are due to a church, i,e. the church is entitled to theðe 
thingl from its snbjects. 



 


\Vhat are the la.wful tin;tlings'
 Evel'y tirst-born, 
i.e. every first birth of every human couple, and 
every male child that opens the womb of his 
mothm', being the first lawful wife, with confession 
according to 
 theÜ. soul-friend, by which a church 
and souls aFt:; more impl
 Yed; and also every male 
animal that opens tbe womb of its mother, of small or 
lactiferous] animals in general. First fruits are tho 
first of the gathering of every new pl'Oduce whethel' 
small or great, and every first calf and every first 
lamb which is brought forth in the year. 


What are the lawful fi"tHngs? i.t:. what is the law of th" first born? 
Every first-born, i.e. every first calf. Every first hirth, i.e. every first 
child which a"omanbringsforth first. Every male child, i.e. each and every 
man child by whom the mother opens her womb. Being a lawfnI first wife, 
i.e. in order that the child of a<lulteresses or secret women may not be given to the 
church. With confession, i.e. if any suspicion be had of her. According 
to their soul-friend, i.e. according to him to whom the sonI is dear. By 
which a church and .oul. are more impro't'ed, i.e. the church is most im- 
proved for singing requiems, which most. improves the church within with respect 
to guest-house and protection outside, i.e. baptism and communion and hymns for 
souls. Every male animal, i.e. every male animal of every lindby which 
the mother opens her womb. Of small animals, i.e. of clean animals, i.e. 
which were offered in the law of MOltA. First fruits, i.e first birth. The 
first of the gathering, i.e. the sack of corn, and the mast-fruit, and the 
firot milk of the cows. Of every new produce, i.e. of every new fruit. 
"'hether small, i.e. as to small quantity. 0 r grea t, i.e. as to large quantity. 


Every male child whicb opens the womb of his 
mother. 




 rJ.Lr 
:t

R 


) 40 
.u f' (/l. ""'
, P- 
I O'
- t'/,s , .-- 
I Ct.STOM- .1. mara Ap.uea'O ann ap. 'Our, t;t'lbliJ Ep.lm pp.lmseme he, oel1r 
ARY T....w. h t b . 
_ noe a nFul nl ua'O 1!I!1'P 
E
, no co p.a <fG 'Dec mme ann. 111a'Ora 
mEen p.uccr6 ap.'DUr, EelbliJE11.1m ee'C'Culp;1U hI. Oeuran ee'Cmac 
bep.a1p. 'DO, ma 'Desa, 'DO t:QbU1P.'C 1 pp.lmEIn1'C belp. ectmf; nocha 
.r nFult ní Ua1iJ ma 'DeEum no EO p.01b 'Dec m1c an'D; oeur 0 ben;, 
cp.annc11U11. 'DO cup. 1'C1P. na rec'C maemb If Fep.p. 'Dlb, ocur m 
'Cp.1ap. If 'Ca1p.e 'DO teeon reeh t<<1m con cp.anncup.; oeuf If mp.e 
telc'Cep. ap. 'Da1tjm na 'Ceema '01'Sa'Don eetulr. Oeur In mae bep.up. 
P.a1n1C In 'Dee, no 1 pp.lmEme'Don eetulr; Ir eUup.umu belp.1r 'DO '01- 
,,, btJ1'S a <fGhap. mp. netjU1b a <fGhtJp. oeur 'Sac mac 'Dtlp::ec <fGa a'S 
m<fGha1p., oeur a be'C FOP. a p;p.unn p;m amulch, oeuf FOEnum 
faep.mClt1U1S ua'Oa 'Don eaetmr, ocur 'Denccó In eactmr te5mn 
'DO, Ua1P. mo 'DO 'Dlba1iJ 'Dco'Oa bCl111Ur ma 'DO 'OIÙa1iJ m'OeO'Da. 
R. 1IcU4; 7 
 iøj; 
 ?14.- 
 
 MY 
 
 7 -tt tJlv 
 (), CMJ; 

&o

 


Senchtlr 11lótt. 


Cach re1ull1t 'Dono ap. ceana. 
,5"'.1. mara bo beaE P.uEup:;ap. tae'S ap.'DUr Ir In nt:;. 
ebm
rtem 
ee'C taÎ'S Ir In 'C1'S é; oeur tae'S pp.lnn on bom flll,OCU1' tw'S 
P11lnna na mbo mbea5 elte, oeuf Each 'OeCh1llUI'D tae'S e'CIll' 
P11mn oel1r bommn na mbo mop.. 
mara bo mop. p.uEufLU11. a tae'S lf1n n'S, EcbliJ Ep.elm ce'C ta1'S 

Dulte cm pp.mn cm bumm'D; oeur ta1'S pp.mna na ml.o mbec 
ulte; oeur cac'DeaChmuliJ tae'S 'DO taeËulb bommna, ocur Eal.a 
'De(:mul'O tae'S e'Clp. pp.mn oeur bammn na mbo mop..] 


Cach 'Dechma'D 'CU1P::1U lap. rU1'D1U, co l(cocp.an'D 1n1t C 
each 'Da .tlll. a. con:; echr;a a pnnu" 'DIG \:,o1tnEa1tte 

ectG1r, ocur each 'Dechma'D ctan'D 'DO ctan'Dmb r;at- 
man'Da, ocur cer;htta1b 10 each bt1a'Da1O; ocur each 
reët:ma'D ta 'Don btla'Da1O 'DO \:,oEnam 'Do 'D1a, 1-11.1 each 
t:acap.t:a ber 'Doeho a1ta1te lap. na1'DltEne U1P.'D. 


Cac 't>ecnma't> .1. 101' cobOl1'c na p1'lmlc flIT all. cur-.I. 't>ec malC 

o 't>1({ rnbec lf1n SelLpne 't>o nnoL, ocur na C1'I malC ba COI1'IU 't>o co1' or, 
ocur C)1.anDCI11' ln1' na recc macOIb ar re1'1', 't>ur cIa 't>lb '00 roc 't>on 

 C (ß3J) 
 'J".t eø.4v [
?] 
 -/- 0 -ro-W 
 rJn. 
 .,

 
 
 

 
 ci.c.v eib (M.W fvt)I.., "'"' 
,k 7 
'M {,-l.q,.v ...,., 
 
 lWw..t aJiw 

 
 J.M.h. (nit) C() 
 &V 
 .,- t-O 1YiJr 
 GII 
 fa.,w ri- 
 
'\I WJ'\:Aw u. Tb't
 C) fAln,aJt - -ìA 
 'Mr 
 Vw 
 



SENCHUS MOR. 


41 


That is, if it be he (tlw Bon) that is born first, he is held for Cl"STOM- 
Any LAW. 
the first-born, but nothing is required from him (the father), i?he 
 
(thR. 
()1l)
 , until there shall be ten sons berm afterwards. If it 
be a daughter that is born first, she is held as the first-born. And 
the first BOn who is born to him (the father) after her is to be given 
as the first-born to the church; there is nothing due from him (tlw 
father) afterwards until he has ten BOllB; and when he has, lots are 
to be cast between the seven beat SOllB ofthem, and the three worst 
are to be set aside (exempted) from the lot-casting; and the reason 
they are set aside is in order that the worst may not fall to the 
church. And the BOn who is selected, has become the tenth, or 
as the first-born to the church; he obtains as much of the legacy 
of his father after the death of his father as every lawful son which 
the mother has, and he is to be on his own land outside, and he 
shall render the servi.ce of a' saer'-stock tenant to the church, and 
let the church teach him learning, -for he shall obtain more of a 
divine legacy than of a legacy not divine. 


Every male animal also ÏILgeneml. 
That is, if it be a SIIUÙl cow that has hrought forth a calf first 
in the house, it shall be held as the first calf in the house; and 
a male calf from that cow, and IIUÙe calves of the other small 
cows, and very tenth calf both male and female of the great cows. 
If it be a great cow that has brought forth its calf in the house, 
it shall be held as the first calf whether IIUÙe or female; and the 
male calves of all the small cows; and every tenth calf of the 
female calves, and every tenth calf whether male or female of the 
great cows. 


Every tenth birth afterwards, with a lot between 
every two sevens, with his lawful share of his family 
inheritance. , and every tenth 
plant of the plant::; of the earth, and of cattle every 
year; and every seventh day of the year to the ser- 
vice of God, with every choice taken more than 
another after the desired order. 


Every tenth, i.e. after taking tbe first fruit from it first, i.e. to collect ten 
sons, shou1d they be in the' geilfine'-r<>lationehip, and to set aside the three worst 
&OIlS, and W clUt lots between the seven best sons, to see which of them 
 



 
,

 

.
.
 


f 


41k


 
[
?J it' 


4.ott1ß p.t-l 



t"[. :"t'f. 
I 


:: IJ1- t 


N-r;. 



. c. 


f' 


42 


8enchuf mótt. 


CUSTOM- ecùnr. 
Ulrt;IU .1. '00 'Omnlb ocur Cedlftmb. Co COCftIIn'O .1. laft 
AUY LAW. 
coft m t;yUJI'Í>e 'r t;mftl 't>1b arr, .1. l{;Ift na reët; Lenmmb 'r reaftft 'Olb aft 
na t;ecma 't>1SU 'Oon ecLmr. COlt; echt;a .1. CO na CUlt; reytam'o Lelr 
anun'O '00 cum na hecLmr'. "00 cLan'Omb .1. 'Oechma'O m aftba. 
$'Cet;hftmb.I.'Oechma'Onacet;hfta, Cach recht;ma'O La 'Oon bL1a- 
'0 U1 n .1. 'Oomnach '00 belft 1 nf!1ft'm .1. 0 'Oaeftmanchmb m U)l.yta'Our, 
ocur cet;hftaëa amël 0 raeftmanëmb. rna 1((ft cam, 'r t;ftlan smm<I 
emch I neftftuch OCur 1 fosmuft 'Oon ecLOIr, ocur caë reët;ma'O La lf1n 
semftlu'O oCllr 'r t;amftui>; 0 'Oaeftmanëmb m'iJfO; ocur caesa La Ifln 
/0 bLmi>am 0 na raeftmanchmb. 
ftl cach t;acaftt;a .1. rft' cach m ber 
t;osame Lmr aft01Le 'Ola fOlftlt1n. 1aft nU1'OILsne UI1\'O .1. 1Clft 
noft'Ousai> a 'OL1se'O amaLIC, .1. ber mtclu aft01Llu LaIr 111 necLOIr '00 'Oénam 
'01, .1. reC1pe '00)\'0 UI'OILpl1'Oer. 


Cach na'Dnaeat co na 
'Lechr;a 1mnm 'DO ectmr 
/5' cmch tap. na m1a'D. 
Cach na'OnacaL .1. caë Imna uaraL 'OLIst;ech '00 cach fO uwrLI'Oet;m'O 
,. " 
'Oon umm umr 'Oana'O ai>a m t;1'OnucuL 110 m t;a'Onacut. 


Cmp.;-cmr;e r;echr;a each a'Dnacmt 0 r;humr;h 'DO cach 
Ep.a'D 1ap. na mHfõ 'DO ectmf? 1mna ocmp.ech r;p.1 
",reon:; no a wE; 1mna bomp.ech CU1C re01r; no a wE; 
1mna mp.ech 'Dera 'Deé re01r; no a tOE; 1mna mp.ech 
a1P.'D CU1C re01r; 'Dec no a wE; 1mna mp.ech 'Lt11p 
pche rer; no a tOE; 1mna mf1.ech Fottð1tt r;p.1cha 
r.eQrç no a tOE; 1mna tt1E rechr; cumata no a tOE; achr; 
.25ntf cOfITlmtp comap.ba; comap.ba p.enar na'D cp.en, 
cõmattba na'D p.en na cp.en, comap.ba cp.enar na'D 
tten. 


Cmf1. .1. comwftclm cw'Oe 111111 'OLlser 0 each Sfta't> Ifm t;umt;h ro 
umrL,'Oet;w'O 'Oon _wm IIwr 'Oana'O a'Oa m t;1'OnacuL no m t;a'OnacuL. 
301 m na ocalf1.ech .1. toE ñenech caë SftOl'O 'Olb ro 'rre a Imna I neftt;- 
rLame '00 nft no '00 ret;mb ëena. 
ftl reolt; .1. t;ftl rammrce. "Oeë 
reOlt; .1. oët; rammfCe ocur 'OÎ ba. CUIC reolt; 'Oec .1. 'Oa rammrc 
'Oec ocur t;eoyta ba. 
lche ret; .1. re ramwrce 'Oec ocur celteofta ba. 
'L)\lcha reolt; .1. cet;heofta rammrci flc1let; ocur re ba. (Ccht; 11Ir 
3S'cormmLr' :,. UOlft noco cormmL na comet;m'Oe oJl.ba. Comaftba 



SE
CHUS MOR. 


43 



 
1- 



 to the church. Birth, i.e. of per
onsandcattle. With a lot, Le. after setting CrSTOM- 
aside the three inferior BOIU, Le. among the seven best chi\<lren, that the worst may ART I.Aw. 
nut fall to the lot of church. With hù lawful share, i.e. with hiJ! share of the - 
land which gOtB with hÌln to the church, Of the plants, Le. the tenth of the 
corn. Of cattle, i.e. the tenth of cattle. And every seventh day in 
the year, i.e. he puts Sunday in the reckoning, i.e. from 'daer'-stock tenants 
of church lands, in 'urradhus'-law, and forty nights from 'sacr' -stock tenants of 
church lands. If according to 'cain'-law, it is one-third of the work of all in the spring 
and in the harvest-time that ù due to the church, and every seventh day in thewinter 
and inthesununerj this is from 'daer '-litock tenants of church lands; and fifty days in 
the year from' saer'-stock tenants of church lunda. ,... i t h every choice, i.e. 
with every thing elae which she (the church) chooses to relieve her. After the 
desired order, Le. after ordering her desired law, i.e. whatever else i.>Rlew;ing ff1,r(t/ 
to the church to be done for her, i.e. whatever of order she desires. 
Every gr.!tn
 with its 2:!obÎe ]:'igl.!ts sJ:tut--rrrl,
 (dc 
to the churciî -by- each accòrding to bis dignity. 



 ..t
 
tfh', 13 


Every grant, i.e. every noble lawful bequest should be made byevcry one 
according to his dignity to the church of noble harmony to which the grant or the 
bcqttest is due. 


QuestioIl:- 'Vhat is the law of each gift from each 
grade of the laity according to their dignity, to a 
church 1 The gift of all' ogaire'-chief, is three' seds' 
or their value; the gift of a 'boaire' -chief, five 'seds ' 
or their value; the gift of an 'aire-desa '-chief, ten 
, seds' or their value ; the gift of an 'aire-ard' -chief, 
fifteen 'seds' or their value; the gift of an 'aire- 
tuisi '-chief, twenty' seds' or their value; the gift of 
an ' aire-forgill '-chief, thirty 'seds' or their value ; 
the gift of a king seven 'cumhals' or their value; 
but the ' c
arbas' are not alike ; the 'comharba' 
 
who sells and buys not, the 'comhal'ba' who neither 
sells nOl' buys, the' comharba' who buys and sells not. 


ct' H,/3 
 J 


uP J.ð, 31(. 


Question, i.e. I aak what is due (rom each grade in the people, Rccording to its 
uobility, to the noble harmony (the chUl'ch) to whom th: gift o.-the bequest'is due? 
The gift of an 'ogaire'-chief, i.e. the honor-price of each grade of these is 
equal to his b'Íft 
 perfect hcalth 
},.l, in land or in · seds' generally. 
Three 'seds,' Le. three 'samhaisc'-heifers. Ten 'seds,' i.e. eight 'samhaisc'- 
heifers and two cows. Fifteen' seds,' i.e. twelve' samhaisc' heifers and three 
cows. Twenty 'seds,' i.e. sixteen' samhaisc'-heifers and four cows. Thirty 

, i.e. twenty-four 'samhaisc '-heifers anu six cows. Arc not alikc, i.c. for 



44 


8enchu1' mótt. 


CU!lTOH- ftenar na'D cften .1- comaftba ftecaf m amach ocuf na cennatEen'D m 
.loRY LAW. mUlch. Comaftba na'D ften na cften .1. comaftba na fteCatl'D m 
Imach ocuf na cen'òatEenn m mUlch. Comaftba cftenaf na'D ften 
.1. comaftba cennatEer m Imulch, ocuf na fteC<<I1'D m Imach, m comlIftba 
S 'Do'Dat:oftmatE. 


ß , o'h 'm} 01) 18'0 )l . 

 )/ 1n 
1 t1.ena1' na'l> cp.en n1" [no 11'], me11'ech p'l>1 1mna 
ach
 muna lua nach map.. 



. 


I ) 0'/1 '180 
S[Ð"lt'318 . 


+ o'
 
S') 


ß Lo'
 3''') 
f,)'b'1'&o 


In n ftel1af .1. m Imach. Na'D cftel1 .1. m Imulch. UI, [no If,] 
melrech f''DI .1. tlOCO [no If] culmEech etfelc ní 'DO nmna. 1nuna 
to ft I an ach m aft .1. aë
 mame fteca naë moft. bec t;uc amach a mbeC"Oett;- 
betftluf cen taftt:ats1't>, OCUf 'DO belft 
UltLtU'D ft1r coftolb 
fttan cot;ach 
t:me all'D ma maft'Del
llbelft1Ur. 
)f 1n 
1 na'l> tì.en na'l> cp. en l"r 'l>01'U1'l>1U conmm...me1' 
1mn
cmch FO mta'l>. 1n 
1 cp.ena1' nero t1.en , '1' me1- 
'J'rech f1'l>1 1mna ammt p.on catla 'l>ta 
ap.cu'l> fa'l>ef1n , 
ach
 fop.acba'f
ech
a pne 1 n01'5e; no CU1
 
1t1.e 'l>ap.a '* C. 
611'e a n1mu1tte'l>mb f1ne. S4p.
't). 


111 
I n a'D ften .1. m 
I na ftacan'D m Imach, ocuf na cenllatsenn m 
1tllUlCh. 1f'DOfUI'DIU .1. If 'Don 1l1F'Du\!nfem ftO camamf1se'Dno ftO 
,. co
amf1Ee'D m 'DO 
Imna t:o umfL1't>et;<.,l'D. 
o mla'D .1. t;fttan no 
Le<<t;h, Uatft 'TTe'D fam 'DO betft comaftoo conae feltb 'Dt:eftann a t:me 
Imach. 1n 
I cftenaf .1. m 
I cennatsef m ImUlch, ocuf na ftecml'D 
m Imach, m comaftba 'Da 'Dat:oftmms. 1f melfech fl'DI .1. If 
c111msech elf1't>e m 'DO 
Imna ammL If cafttanacll te'f 'Dta 
aftCU'D bU'Dem. 

.a:ch
 t:oftacba .1. aë
 co t:acba a n'DLtse'O ac m pne co hoS co comftan 
.1. m 
fttan. No CUI
 
Ifte .1. a cU
ftuma'Dt:eaft<.mn mLe. a: n ImUI t- 
Le'D((1b t:'ne .1. m batLlf elm 'Don pnet:oILeta'D atft. 


1n t;1 penaf bee m'l>elt;hbcpUf fU1LLc'l> ft101f m 111 po peac co 
110mb t;p1an cot;a f1ne an'l>, ocuf fU1tLe'l> 'l>1a fet;mb co pmb t;echnx 

 n1mna an'l>. 


1 Iø capable.- The words in brllcketø, in the Irish text, are an aliter interlined 
reading in the :MS. 
· Too much o.It.-The meaning seems to be, he who diminishes the tribe .tock 
cannot make gifts, or according 
o others, he can make gifts if he has not dimin- 
ilhed the tribe stock too much. 



SEXCHUS )IOR. 


45 



-t
' 
tbe beirs to land are not alike. The 'combarba' who sells and bnys not, Ct:'ST031- 
i.e. the · combarba' wbo sells a thing out and does not buy a tbing outside. Tbe ART LAW. 
'combarba' wbo neitber sells nor buys, i.e. tbe 'comharba' wbo does not - 
scll a tbing out, and wbo does not buy a thing outside. Tbe 'combarba. wbo 
buys and does not sell, i.e. tbe 'combarba. who buys a thing ontside, and __ # 
who does not sell a thing out, i.e. the · comharba' who increases tM amow.t of tM, t
r;.--' ". 
stock of tM tribe or community. 
 t ,
 rv<A-, 
He who sells out and does not buy in is not capable, 
 WJ!f 
01. acconling to others, is capable, I of making grants, 4M
 "'" 
 1; 
provided he has not sold out too much. 2 LI
 ':) 
He who sells, i.e. a thing out. Does not buy, i.e. a thing outside. He 
is not, or is capable, i.e. he is not, or he is able to make a grant. Pro- 
dded he has not sold too much, i.e. un1C88 he has sold something too great. 
He gave little out in little necessity without asking, !lnd he gh.es addition to it 
until it amounts to one-third of tbe tribe-share in great necessity. . . I.v"., J; J..a" 
 
He who has not sold or bought is allowed (compe- i/; 
" . 
#J,
 If 
tent) to make grants, each (person) according to his ::::;::''-10 IW
 
dignity. He who buys and has not sold, is capable 
of m,aking grant" as he likes out of his own acquired 
wealth, but only if he leaves the property of the tribe 
intact, or a share of other land afte r hi m for the 
augmentations of the tribe. 
He who has not sold, i.e. the person who does not sell a thing out, and 
who does not buy a thing outside. He is allowed, i.e. it is estimated or con- 
sidered that it is lawful for this particular person to mnke a grant according to his 
nobility. According to his dignity, i.e. one-third or one-half, for this is 
what a 'comharba. with possession gives of the land of his tribe, out. Hew h 0 
buys, i.e. he who buys a thing outside, and does not sell a thing out; i,e. the 
. combarba' who incre'lSes the property. He is C'apa ble, i.e. he is able to make 
a grant 118 is pleasing to him out of his own acquisition. Dut he leaves, i.e. 
but so that he leRves their right to the tribe entirely and completely,S i.e. the one- 
third. Or a share of land, i.e. an equal qnantity of other land. For the 
augmentations of the tribe, i.e: where the tribe might expect increase 
upon it. 
The person who sells a small quantity without necessity shall 
add to the thing which he sold, until it amount to one-third of the 
tribe share, and give additional 'seds' until it amounts to a lawful 
grant. 
4 
'#' S CompletÛy.--C. 833, reads: "'Lechc;a pne n015e .1. a cUI-c;clfte am<ut 
ron'Op.<ucc ap. a chmn lap. na racb<ut 'DIU at;hmft 'DO, m(l't) op.pe, no a 
cut;p.uma t;aft e'fl." an cobélf'DO -C;<<P.5u"O a tmme.'j "The familyprope1'ty in 
fnll, i.e. his share of land awaits him after having been fi?ft him by his father, if an 
inheritance, or i18 equivalent besides, i.e. its value of the gains of his hanù." 



 .,. 
 
 7 -Mf' 
 17t4- 
 



46 


8endlUr mÓp.. 



 ' 
 Ð'111V;fI 
. 1M' .I..".., B l
) 
Wl:'::; 


C
'STOH- 1n t;1 na'O ftacan'O OCt1f na tuar;sen'O '00 be1ft co t:'ft1an conI 
AR
W. pne nua bec '061t;hbeft1uf, ocuf tet:'h nu maft'O c1Lnb1 1'.1Uf. 
1n comol1,ba t;mftcer 1r e m cuqwma ra '00 be1lt, cenmot:'a m 
111 '00 fmp,ce fem, ()CUr '00 be111f1um on '01Ur t;ap,ca'O f6m 'Oon 
..ecz,mr cm co quan no a z'et:'h no 'Oa i::luan. 
1n coma11ba 11anar n1 a nm'Oe1Lh be11er, C1'O bec, n1 comafttecreft 
1)0 n1 '00 b11On'OU'O 1a11rmn. Coma11ba '00 'OaEmb a n11l'OeKn- 
b1111Ur n1 me1reë 1mna. 1T1a'O nu 'Oe1Lhb1p,1Ur 11110ft11U, '00 be1p, 
tOE a en6cn '00 quun pne '00 eCW1r. Coma11ba conae ocur 
,0 cOmat1Ùa '00 fop,mms z'oS a neneè '00 i::p,1Un pne 0 cecnt:'ap, 'Oe 
1)m ectmr. nla'O 1110 m tOE nen6en na quan pne, fU1tte'O '01(( 
rCt:'wb. 
Coma11ba '00 'OaEmb f111 bee 'l){
1Lnb1tUuf .1. taèi:: Ecm111'6, ce 
1)011_ ma11'Oe1Lhb1p,1Ur .1. tacht; famftm'6, 111 bp,onnfa aèt; q11an 
f t;p,1tl na pne; 1rea'6 on '00 be111 c0111al1,ba conae oeur coma11bu 
'00 'Oaf011mmE a mb6c 'Oc1i::hb11Ul1r, t6i::h t;p,m na pne 1mu11110 
f1U map, 'Oe1t:'hb111111r. 



 


O'D. 317. 


[aCa1C cp.t comup.ba La reme ntr comraep. a cUt11-. 


j,o'l! 18'''', :1,1..83 
c:n
 


" 


.1. tan tos em1Uë a ne11t:'ftamt:'1 ro Pf. 
", 1r ann '00 bep,U1t; na 1wnna '00 be11U1i:: .1. '00 fcaftunn a m;hu1t 
i.
 .1. 1 C011U1b OCUf 1 cunnu11t:'hu1b, ocur 1mmna a ne11t:'rz'a11li::e '00 
 
eacz'U1r, ocur a cetpne '00 rz'mt; a111r cequm cuma a11 t:'ftmn 
an pne 'Oon fe11un'O amu1t ba map,b é '00 bet 111 com11umn f11l, 
tap, mben cot:'a ftat:'ha OCur ecatra ar atL i::Ur. OCur 1r6'6 1r 

"bec 'Oe1i::bt111Ur ann, ftuc a ter ocur com1cra a feachna; 1fe'O 1f 
mm11'06i::b1111Ur ann, p,uc a tef ocur nocha cumtJ11lE a reachna. 
Ocur 1re'6 1 t:'abU111 'OU1116 a fea11unn aèi:: a ce1tp,e hea11nmz'e 
11 am a, 111 a Chmi::U1b 'Oei::b1116, ocur '00 rít a chotta, OCur a n1Umna 
116p,i::rz'amt;1 'Oa ecz'U1r, OCur ap,u Emp,e, OCur CU1i:: pne '00 
30 Ùe11U1i:: amach ann fm, ocur nocha t;aÙ11U1i:: CU1i:: rtadla no 
ectU1p. 


"" ct' þ, 
 7\4'TA) Mft.t 'M J.L 
 
 
 d.vrv 
 (/fJ /Ð2.1 [fl'''',/) ,.,q &) 



SEXCHrs MOR. 


47 


He who neither sells nor purchases may give as far as the third Ct;STm[- 
f . b I . f I . I . d th h If . ARY L\\v. 
o tn e s lare, ill case 0 a ltt e necessity, an e one- a. ill case - 
ofa great necessity. a Jr. !I:itk. 
The 'comharba' who acquires (adds to his i11ÅiJritance) may 
give this amount (the same as t/
e lasfrmÆntioned), besides what 
he has acquired himself, and he may give out of his own acquisi- 
tion to the church as far as one-third or one-half or two-thirds. 
The 'comharba I who sells a thing, though ever so small, without 
nereBsity, is not rQoom
 ded to bestow any thing afterwards. 
 
The 'comharba' who takfi8 without necessity from the common 
stock for his own purposes cannot make a grant. If it be with ne- 
cessity, however, he may give the value of his honor-price of the 
tribe-third to a church. The' comharùa' who keeps and the' co- 
mharba' who increases, may each of them give the value qfllis honor- 
price ofthe triùe-third to his church. If the honor-prire be greater 
than the tribe-third, he shall add to it from his 'seds.' 
The 'comharba' who 
 with little necessity, i.e. winter 
milk, or with great necessity, i.e. summer milk, shall not bestow 
but the third of the third of the tribe; this is what the 'comharba' 
who keeps, and the' comharùa' who increases, give with little neres- 
sity, but they may give one-half the tribe-third in great necessity. 


There are three 'comharbas ' with the Feini whose 
 
 Þl. rf 
 
contracts are not equally free. 7-CI( 2-0, 311. 


That is, what follo"s down here relates to honor-price f
 -t?V 
perfect health oj the 8(#/ l. 
The following are the cases in which they give these portions, i.e. 
of the father's land, i.e. in contracts and covenants, in gifts fmo-the Uv 
pelfect health oj the 8fJu,l to a church, and as tenancy to a lay chief; 
for it is the opinion qf some that this division is made of the tribe- 
third of the land as if he (tlU! tribenum) were dead, the share of the 
chief and of the church being first subtracted from it. And little 
necessity in this case is, that he requiled it and he could avoid it; 
great necessity is, that he requires it and could not avoid it. 
And a man may give his land in four cases only, '1:iz., for his 
lawful liabilities, and to the issue of his body, and as grants for the 
perfect health ofltis soul to his church, and for maintaining him 
in old age, and it is the tribe-share they give out thus, and they 
do not giye the shi
re of a chief or of a church. 



o 'b. 
1{IlTJ 
c! J 3Q9 


cf.C.3
7 


to'J.' 1 BI 
" ß LÐ
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LO 1jII.3 
Iruf lb.'''' 
" 



."@. (12,..-v1 


48 


Senchur mÓfl. 


CUSTOM- mar a op,bu qUl1b no rtmf"Ca '01 he, '00 bep,a m ben a 'Oa 
AHY LAW. 
T,p,mn m Each fit a nbp,e a fEu,t" ocuf cOlmE' 0 fine all, In q1.mn 
elte, ocuf nocha t:abUl11. COI1J1E' ap, m 'Otl1ne rem Ima tbUlt! '00 
Ep,er, aèt: t:eEat1. fO cOt1.t11b 'Oa n'Oeap,na '00c1lt1p, 'Olb. 
J'1nunn m comap,ba conae ocuf an comat1.ba '00 fop,mms Inl 
feap,unn an m;hup, ocur a reanat:hup" acr; 1m rea11,unn '00 Eabmt 
amt11E m;á m 'Oelt:hbelp,. 
1n comot1.ba '00 'ocq:;mb beE '00 belt1. fm amach, ma bec 
'Oet:bft1.1Uf cm a flap,ful'Oe; OCUf '00 be111 fUltte'i> p,ef1n a 
ID mmp,'Oet;
Ip,IU1', co p,01b q1,mn èot:a fine ((11'0, la11 na }'Iap,- 
f U1 Ee. 
1n eomup,ba '00 'OoEmb bee, '00 belp, ma m'Oet:b'tUUf, cm a 
flap,fuIEe, oeur t:mt:hmlp;hut1., OCUf nocha t:ObUlt1. nl a mbee 
'Oet:blp,luf ma mmp,'Oet:blt1.1Uf nr a hmtte.] 


c 



 


)l - - )I 
I.dr r:echt::u e1a 1mana boatfle eI'D to'S reehr: eurnat '00 
r:ãfl'CU'D a eU1flp ra'Derm, achr: fOflraeba 'Da r:fl1an a 
r:afl,cu'Da ta fine eottna.,.. nla'D oflba 'DOrtt.'1r ter:h. rna'D 
.. ,( 
oltba aram; na'D b1e'D on 'DO natltce; 'f quan ; rnc{'t) Fell. 
'Dcma, 'Da t:pmn 'DW COlla1b.'f. 


8 


. 
'2P 1 f t;echt;a .1. If 'OLI1;'Ceê Ce1mnm'O m boafle co tos reê-c; cumaL '00 
-c;aflcu'O a CUlflP bu'Oem .1. afl f:ochflalC t;UCIX'D m f:eflan'O amUich an'O 
fm. ((cht; 
oflt::acba .1. aê-c; co f:acba 'Oa -C;fl1an a t;aflsu'Òa ac m f:me 
o flmafafLafl a coLunn. Z;lfl-C;fll feê-c; cumaL flo -C;alflceft;afl amUich an'O; 
ocuf -C;ITl feêt; cumaL 'Olb ma cmt;alb 'Oe1tbelfle 
em, ocuf -C;lfl 'Oa reê-c; 
,.s-cumaL'OIbtaçbaracm pne. 111 a'O oflba 'OofLI .1. ma
eaflun'O -C;UlLter 
no alfllLt;111ser afl 
oêflalc '1' ann a-c;a fam. ma'O oflba afU1'O.1- 
ocur a 'OuaLsuf tumL no tUalfl 
Tut m f:eaflan'O annfal'Oe, ocu1" '00 befla 
a Let m caê 111 a t;lbfla a fCUlt;he. ocuf coms' 0 pne aflm Let aiLe. 11 a'O 
bl e'O on '00 n U1 flce .1. muna belX'D on t;alflSe1' he a 'Ou<<Lsur u<<lL no 



 L l'(3I1) 
 
 
 ./. 
 
 'M 
 Q.> I4ri 7?1.lI fA Mfv
- 
o..iHJJI' 1hn,- 7 
 
 

 -J- .to tIrMIM- Vv 
 



-- 


SEXCUl:S '!IIOR. 


49 


As to a tl)oman, if it be her' cl"uib '-lanJ or 'sliasta' -land, she may CnrroM- 
ARY LAW. 
give two-thirds uf it for everytllÏng for which she would give her - 
movable property, antI tIle tribe h
 P9Wffi> Û'v er the other thÏId, 
 Jr. 
) 
but it never gives power over the person itself resl,ecting ller mov- 
ables, but her contract shall be imlmgned, if she makes a bad bar- 
gain respecting them. 
The' comharba' who keeps, and the' coniliarba' who increases, 
are similar with respect to the land of theÏI fathers and grand- 
fl\thers, but the difference between tJæm consists in theÏI .ta.king 
land outside. 
The' comharba' who h"'j acq\l11'@(1 a little ma.y give out that little 
without asking permission, if it be a case of little necessity; amI 
he may give more along with it in a case of great necessity, until 
it amounts to one-thinl of tribe-shn,re, after asking leave. 
The' comharba' who 1m>> 
tl little, and gives it without 
necessity, without asking l'pj.rni.ssion, has it ('tis gift) set aside, and 
he shall not give anything in little necessity or in great necessity 
aHerwards. 


It is lawful for the 'boaire '-chief to make a 
bequest, to the value of seven 'cumhals,' out of the 
acquisition of his own hand," but only ifhe leaves two- 
thirds of his acquired property to the original tribe." 
If it be land that acquires it
it is one-half, if it be 
land that grows it; if it be not he that acquires it, 
it is one-third; if it be a professional man, it is two- 
thirds of his contracts. 
k- 
It is lawful, i.e. the 'boaire'-chief proceeds lawfully to the amount of seven 
'cumhals' of the acquisition of his own body (exertion), Le. it was for hire the land 
",'as given out then. But that he leaves, i.e. but thnt he leaves two-thirds of 
his acquired property to the tribe from whom his body has descended. Land of 
three-seven 'cumhals' value he has acquired outside in this case; one land 
seven 'cumhals' r:alutl of them he gi,'es for his own necessary liabilities, and a land 
of two-seven' cumha1s' "a/uti he leaves with the tribe. If it be land that ac- 
quires it, i.e. if it be land that deserves or merits it for reward, it is then 
this is so. If it be the land that grows it, i.e. and in right of urine or 
manure 
ns the landin this case, and he shall give the half of it in the case 
of every thing for which he gives his mûvable goods, and the tribe has a claim as 
against the other half. If it be not he that acquires it, i.e. unless it be 
that he acquires it in right of UIine or manure wltick he giL'<S but one-third; this 
VOL. Ill. E 


· Ir. body. 
· Ir. Fluh- 
T,-ibe. 



M 


\ 




 
4Ìð 
 
71<> 
 ß L O'h Wi) 


8 (p'
'3''ir) ,O'!)'78 o 


{
 8,O'fj, 


r!o ttv ß 


7Jtw
 
.L(?14 
'l' o'þr,w, 1051) 


50 


8encn11f móp.. 


CBT(>M- d1Umf1., aët; quan; fCe1L mLe elrele oeuf a f:oehf1.me f:f\It;h In f:ef\um> 
AR'. LAw. 1 b L 111 
an"Dram. f t;f1.1an .1. If t;p.1<<n una1"l> a fine. a'O f:ep. "Dan(( 
.1. ma f:eap.((n"D rump. ((p. a 'Oan he .1. ma'O et;mL bp.edlemnara no pLl- 
'Oe('t;a no naë "Dana oLcena If melrl' '1)(( t;p.mn 'OeeLmr "De. "D a t; P.l an 
ð 'Ola eOf1.U1b .1. m C!\eh ní 1 t;lbp.e(( (( cop. oeur a cun"Df1.a"D. 


.1. fe}1ann ram }-'um}1 a}1 a '6an. no a}1 a tel5mn, no a}1 Q 
pt1'Oecht:; '00 belw 'Oa i::}11Un m cach nl 1 LIbert(( a co}1 oeur a 
cunnp.a'O 'Oa rCU1ehlb, oeur com5e on pnp alt m r}11((n mte; no 
'Ono 'r rurche 1U111mr 51teme na bomnf' U1t atel ann; ocur 'Oa111ao 
lø hp 'Oan 'Ot15e'O na pne, noeo nb,tC he act: a111mt '00 bqta }-'ea11an'il 
'iltI5n,ch na pne. 
1n L1 e01111et:ar a t:l}1 cen cmt:he111 t:lmcett a fine, '1' t:huat111;S 
qtlaTl cot:a pne '00 cmt:he1ll 1-11.1 bee 'Oelt:hblrt1Uf, ocuf a terh 
fT11 ma1t'Oeldlbl111Ur. ma'O m t:l '015baf 1)1 'Ola t:l}1 1-11.1 bec 
If 'Oe,t:hb'r.,Uf nmcett a pne, '1' t:U1Ue'O 1-'J11f m 1)1 p.o cmeh co 
p.mb quan cot:a pne ann rr\,1 1llart'Oe1t:hbl}1. 
1n n '015baf bec 'Oe 1 nm'Oelt:hhl}1, ee '00 neema em 'Oelt:hbl}1, 
111 t:abmp. n1 '01(( <1}1 moo. ma'O 111 n '00 '00}-'0p.mm5, If L}11((n 
cOt:a fine cmcher 111.' bee 'Oelt:hbl1tl ocur an::a '00111)]m5, oeuf 
fÞ 'l)a quan cot:a pne 111. ' maJ1.'OelLhbl}1. 110 '00110 If 1,05 a bo oel1f 
a capma 0 cae comap.ba 'Olb a eOlt:eelln, ucuf q1.1Un cOLa fine fl11 
filma, Ocur CUlt: fine U1te '00 ;Sltt 'O1
 ct" baf. Oel1r af fe bee 
'Oelt:hblrt 111 rtechra 1'0 ('pnno:eh no ocuf ('apmU, oeuf arre 
a 1lla}1'Oeltbl11. nuna. 


2S" n, raecmb necn c1f rop. a oll.ba nacn rop. a pne net 
rU1p.1C rU1ll.p.e. nla'D mana 1mna, no reor:a Eep.r:a 
no Ea1p.e, no rame qwn ram re1p.ce, no 1mcur:mL 
ta:namna; eacn 'D1ëetL na'D b1 'D1ter acnr: ma'D 'Dotot- 
r:acn 1n pne. 



t11 raccm b n ech elf .1. noeon r-acbmtl '00 neoch c1f f:of1. a 1--eap.unll. 
,:'0f1. a f:lne .1- 51'IL}-'1np. 11(( rU1f1.1C f:l11f1.p.e .1. nap. rnp.cf''O U1p.f\e 


1 To the t,.ibe. If thc trihc bc a prokssional 0111', thl'yal1 ha\'c a claim to tho 
emulllmcllts. if only an ill<livi<lual is profc"ional, hc shall havc all his profc
- 
sional CIlrnings to h iIl1M.1f. 



SE
CHLS 'lOR. 


51 


is another case, it was for hire the land was obtained. It is one-third, i.e. th(' Onmnl- 
original third belongs to the tribe.' If he be a professional man, i.e. if it AHY LAW. 
be land that he has obtained for Cl19 the e:urciss of) his profession, Le. if it be - 
property acquired by judicature or poetry, or for any other profession whatsoever, 
he 'is capable of givi"!J two-thirds of it to the church. Two-thirds of his 
con tracts, i.e. in every thing in which he will give his contract and hiscovcnnnt. 


That is, this is land which he oht.'tins for his art, or for his 
learning, or for his poetry; he lllay give two-thircls for every thing 
for which be will gi' e his contract and his covenant, of his mov- 
able goods, and tbe tribe hag power over the other third; or 
else he hag 
e of the ' iumais '-nuts of the httt4--6f thp 
Boyne; and if it was the lawful profession of the tribe, he shaH 
not give of it (tlte emolument of tllat profession) but just as ho 
would give of the lawful land of the tribe. 
He who keeps his land, without spending it upon bis tribe, can 
spend the third of the tribe-share in cage of a little necessity, and 
one-half in case of- great necessity. If anyone lessens his land, 
in case of little necessity upon bis tribe, he shRll add w wbat be 
bas spent until it amount to one-third of the tribe-share I in case 
of great necessity. f.;:: 
As to one who lessens a little of it (Itis land)(îvithout necessity, 
f'hatever happens without necessity,)le shall not give any portion 
of his land for it. If it be the person who bas increased, he lllay 
bpend the one-third of tribe-share and the increase in case of little 
necessity, and two-thirds of tribe-share with great necessity. Or 
else it is the price of his cow and of his horse from every 'co- 
mharba' of them in general, and the third of tribe-share at a 
deartb, and the whole of tribe-share from them as a pledge at 
tlte point of death. The little necessity of this cage i<; the pur- 
chase of a cow and horse, and tbe great neces<;ity is a dearth. 
No person should leave a rent upon his land or 
upon his tribe which he did not find upon it. If. he 
'TIshes to leave a gift or 'seds' for future mainte- 
nance, or ' seds' of maintenance, or peculiar possession 
of peculiar affection, or marriage dowry; a conceal- 
ment is not forfeited unless the tribe be unqualified. 


K 0 person should lea ve a rent, i.e. rent is not to be left by anyone upon 
his land. Upon his tri be, i.e. his' geilfine'-tribe. Which he did not find 


I Tribe-sha,.e, 'cuit-ÍÌlle,' lIIc.m
 a tribe-man's share of the land. 
VOL. HI. E 2 



 1f4,(
) i 


aIr. ,rith. 



 IAA J 
 
li4I. 

 
-w 
 k;., 
(
J .. 



>' 3'3ii-) 
 
 0("..,. I1t 0 MñV 
 
 7 (), 
 


<'û8'. I
h 
t.- UW' J 

 


wi 


1.< 


rlV 
r'-

t.
 


ß, 


52 


8encnur móp.. 


CUSTOM- p.elme. m a"O m an a 1 m n a .1. ma"O mL Lelr m "00 nmna 1 nefrdame 
ART LAW. <> Lo L 'r' 
_ Qeo-c;a sep.t;a .1. 5 ap. "Oenam na J'imp.e .1. 'l>on "Oa t:;a. oat p.e .1. ap. 
a smp.e fem. No rat n e cp.on .1. ramlusa'O cp.UI'O "Oon n 'r r 6 flcach 
Letrrech a celLe"Oa cLam"O. No Imcu-c;att tanamna .1. cOlbchl"OO 
cmnaí. Cach "01chett .1. na pne. 13 a"O b1 "OILer .1. on pne. a:ët; 
m a"O "Ooro L-c;ach .1. urnf1. ma"O mfoL-c;ach 1m; naco nCfæ:; fae nt'f- 
reom. "Ootott;Q:ch .1. nt' fomame. 


1-11 t1"Dbatp. necn fettb aen<:; mcro nt 'DO p.uatete 
fU'Derm, ache mcro a comceq:
ars a f1ne, ocur fop.acba 
/0 a CU1<:; elp.e La f1ne a com'Dltre 'Dap. a elre. 


NI u"Obatf1. .1. nmcon u"Obmp.t;I"Oo neoch feap.ann. 8eltb .1. atlfl 
feln. CCcht; ma"O nt "00 p.uatcte .1. aët; anI "061f1.bcennmsefbu'Oem. 
CCch-c; ma"O a comce-C;fatS .1. aët; a ceq
m"O cumm'OO na pne. fof1.- 
acba .1. ocur co fla facba a c
-C;fluma ac m pne a cuma"O "OILT' "Oaf1. fIr 
. tn feaflaln"O t;UC amach. CC cUle .1. a ëu-c;p.uma. CC com"Oltre .1. -C;1f1. 
<< m;hayt no (( renæ:;hap.. 


- 
 


Foeelp.'D a rn:;natp. mae msop. a nOl1,ba, ocur fO- ]I. 
9- celp.'D a op,ba F1t1 neeh 'DO 'Snl a 'Swp.e, 'to p.wb to'S e 
>< 
f1P. 'De; muna 'Dena a mae a 'SWtte acne ma'D rn:;nwtt 

 anfOtcach. 


}:'ocelp."O .1. a'Oa CUlP.I"O m -c;æ:;hrnfl m mac msofl af m feaflan"O. 
}:'ocelp."O (( op.ba .1. <<"Oa CUlflt"O a feaflunn "Oon -C;I"OO m a smfle. Co 
p.at b tos fl p. "Oe .1. LoS m pp., reë-c; cumata ap. Clf nmClr "00 mac 
faefama 
a
flne,"Oo f1f1. echt;aflfme lafl feme-o "00 pne a 5<<1f1.6; no 'r 
2SLos raetmf1. nama "00 fme. t11una "Oena a mac a Satf1.e .1. mana 
"Oeflna a mac bu"Oeln a Smfle. CCch-c; ma"O at;hatf1. anfott;ach .1. m;a 
aët; tlum an"O, aë-c; m(l't) anfot-c;ach m -c;at;nmp., noco fJlll"OtJSe"O "OOn mac 
cen co "Oef1.na a smp.e. 


ma'D tfl.1 nectatr fOe61P.'D necn a op.ba 
t a 'Sa1p.e, 
30 ar 'D1ter 'D1 co ttalb to'S fOðflama 'D1 an'D ber f1t1 a 
x 
O'D.139. <:;p.1an 'DO tttJatcte, [no ber f1u a te<:;n;] ap. 1r cuma 
(31
 \ 



SENCIIUS 
roR. 


53 


upon it, i.e. which was not ='; it before. If he wishes to leave a CrsTOM- 
gift, i.e. if he wi.bes to grant anything fo1'-tte full health 4-kiJ $/)11 [. 'Seds' ART LAW. 
for future maintenaDce, i.e. the price for performing the maintenance, i.e. - 
to the foster son. Maintenance, i.e. for maintaining himself (IMfoSIer fatM'.). 
Or peculiar possession, i.e. f er giviDg II liilft:Trn t property to one of his 
" 
children who is dearer to him than the rest. Or marriage dowry, i.e. a 'coib- 
che'-marriage gift to a woman. A concealment, i.e. of the tribe. 18 not 
forfeited, i.e. from the tribe. Unless the tribe be unqualified, i.e. for 
if they be disqualified they cannot impugn him. Unqualified, i.e. as to 
property. 
No person sbould grant land except such as he has 
purchased himself, unless by the common consent of 
the tribe, and that he leaves his share of the land 
to revert to the common possession of the tribe after 
him. 


No person should grant, i,e. land should not be granted by anyone. 
Land, i.e. his own land. Except such as he has purchaseâ, i.e. except 
that part olit which he himself has actually purchased. Unless by the com- 
mon consent, i.e. but by the common conseut of the tribe. That he leaves, 
i.e. and that he leaves an equivalent to the tribe, øaoUàat the land which he gave 
out may rev..! to the. trib e. His share, i.e. its equivalent. To the common 
possession. i.e. the land of his father or of his grandfather. 




 "
ø 


1 


The father may remove a son who does not main- 
tain him from his land, and give his land to one who 
maintains him, unt
l the value of a man is got out of 
it; unless his son maintains him not because tho 
father is Y-Dquali1iød . 


:May remove, i.e. the father removes the son who does not maintain him out 
of the land. And gives his land, i.e. he gives his land to the person who 
maintains him. Until the value of a man is got out of it, i.e. the price 
of the man, seven' cumhals' for rack-rent t
 an adopted son of h;. ';nt1finp
 , Q.+1
 
to a man of an external tribe when his own tribe has refused to maintain him; or 
it is the price of labour alone to the tribe. Unless his son maintains him 
not, i.e. unless his own eon maintains him not. Because the father is un- 
qualified, i.e. I make a condition here, if the father be unqualified, it is not 
unlawful for the son, if he does not maintain him (IMfathe,.). 


If it be to a church one gives his land for maintain- 
ing him, it is forfeited to it (the church) until it has 
the worth of service as far as the yalue of one-third or 
une-half of what wa
 purchased; for it is the same as 



"" (, L8;
) 
 - I WI- 
 


54 


8enchur mótt. 




:r



. ocur b1"O 
rsb
'D a pne 1n mn na ntlp,na1'Den'D a 1'otm. 
1r 'Da 1'oU:a1b pñe Eattte cach P1t pne, f'OEne pne 1na 
1'otGa1b cOI1Wlb. Fota1"O cop,e nu pne cen n1 qt1G neach 
>' >< c 
achr; nt p,1G ; cen ntmEona
achG n1 attre na 'D1np,u1"Oe; 
'" cel1ntb Eaer;h, achr; n1r nettne a baer; centp r;1teba1t 
achr; ntp 1'oEtatE pne na retba. 'Cp,ebap, caell conae a 

 g.w., p,flJ pnna'D 01E1 1'01t1C, na 1'acba "Oomatn her mo tn"Oe 

0111C T' u1 1 t t te . 
Ú't4.f'\I 1I1'V1... 
 <M 1Ì71t C) ?"M.(., 
 
 
 "M h. 
! 


 
ùÚv
 dnv
 
 
 
8 oJ3 1 1Î 


lli oJrM J... 


lT1 a'O f
l1JecLUlr .1. ma'O fllf111 l1ecLmr m>a f'IIIWT ncdl a fHIJwnl1 
IOU11 a sm
e. ((1' 'OILer '01 .1. 11' 'OILer '01 co fWIÙ Loi'; uuraL 1.'O);namu 
'01 an'O, .1. '1' 'nILer '0011 eCWlr 011 
ollba '00 
u((ceLL afl SlIIfle, co lwlC"Cl'fl 
f
1 LetLos 110 
fllUn LoS ber flU 111 fO);l1am '00 lu5111'*et mara 1I1"Oe1tblfl 
'0011 1.'1111' cell a Slt111e,110 
fllUlI mara 'Oe1dlblfl. bel' flU U CJllUll .1. 
Il1u}'a l1'OeldlblfllUr- "Do flU UI cLe .1. 'Oe5Ce11'ÐmSCr- 


,õ11o 'CJuan .1. In m JW b1a'D 'DO mae aerma 'Dan fine ap, 'Dcnam 
1\a Emp,e, u 'Cp,1a11 'Don ectatr, OCU1' 'Del'Cholp,IU1' fO 'Dep,a 'Don fl1\C 
cen In Eatp,e 'DO 'Denam. 11u 'Duno, co na 'DeTtmró 1'1 In comtoEu'D 
fin ach'C tte fine bU'Dem. 


CTte'C 'Defl5e bera'D flu a tet;h? .1. t'1J1. 'Da reë'C cumat Ult ac an 

 renoltl" ocur 'Clft reë'C cumat 'Dlb 'Don ectatr. 


L 


[Cm I}' 'De'CbltUUr oeu1' 11' m'De'COIp,IU1' 'Don pne? 1}' e'Ò 11' 
(1), 320. 
'Oe'CbI1Uur '0010 a 111 oe'C}aE. a quch. CCr e'O 1nlUJ1.lw If m"Oet;blTtIUr 
"0010, æ;att; a cJ1.1ch, ocüf'æ;a r01teeach mterulbe acu'O, ocur m 
"Oenu1'C In ËU1J1.e. 
2
 mæ;a aE In mae rOI'Chceaë, a tanEU1p,e an'Dlr .1. a æ;hulft oeur 
a mro:;hu1Jl,; "Oena'Ò a tan5a1Tte an'DI}'. muna ftl1t ac m mac 
r01'Chceaë a tanEU1Tte an'Dlr, ocur æ;a a mmfutunE, 'Dena'D a mm- 
futunE an'DI}'; ml1na pill, alEe a mmfl1LunE all"OI}', fOEbcr6 a 
mro:;hmp, lf1n ctu'Ò, ocur 'CO:OtUl'Ò a æ;hU1p, ter fUll, a mum "01a 
JÐ LIb ft
m.J 


I in the ditch.-The word 'cLu"Ó,' here translate,! 'ditch,' means also' a graH. 
a 'bur) ill;; grullllU.' 



?1 
 
*' 
'01\V 
 'hAt WW-) 
dAø 'M-{'61lt J I{.c' 4 
 
 
 
 Jft,
- 

 r( , #W'kk7.I/Ý
J
W


 

I..Mrv; /í./v. k 
Jwr 
-,
 
) 
 j. 7tArlJ Q, 
 tf '*' {, ty' iJ;j 
 ,./
 
 'Mf rtI.Á, 
- '4Ð
f'Mo 
 ff 
SE
CHt:S )IOR. 55 
 
 fJ 


if the tribe had become extinct when it does not Cl7STO)f- 
attend to its duties. It is one of the dutics of the ."'t V LA W. 
tribe to support every tribe-man, Wit] the tribe doe:" 
this when it is in its proper condition. The proper 
duties of one towards the tribe are that when he has 
 
not bought he should not sell; that he docs not WOUllllj f,-,t!IiL
ed 
W)r dü.3Ìr c to wound nr bí$tr
 ; although he be 
{
 " 
not wise, but that his folly ha:
 not bí$
n taxQ d; 
 ?wf' 
 z 
although he be not wealthy, but that he be not a 
M 
 L 
plunderer ofthe tribe or land. Everyone is wüaltl+y ., 
 
who keeps his tribe-land perfect as he got it, who docs 'I'-
 
not leave greater -debt- on it than he found on it. 
 
If it be to a chnrch, i.e. if it be to the church one let. hi. land for 
maintaining him. It is forfeited to her, i.e. it i
 forfeited to her until .he 
has the amount of her noble serviæ, i.e. the land which it purch,.sed hy maintcuauce 
<if an old man is forfeited to the church until half the allluunt ur one-thinl the 
.lmount of the maintenanæ she perfonned is paid to her, one-half if it be without 
uecessity the tribe did not perform the maintenance, aUlI nne-third if it he \I ith 
necessity. As far as the value of oue-thinl, i.e. if it be a ClUe of neceS- 
sity. Of what was purchased, i.e. honestly purchased. 
Or one-third, i.e. of what woultl be due to an adopted son of the 
tribe for performing the maintenance, the third is due to the church, 
when it was necessity that caused the tribe not to pelform the 
maintenance. Or, acc()1"(liny to otTters, she (tke cTw1"Ch) would not 
make this settlement except '" ith her own tribe. 
\Vhat of this is worth one-halfl That is, the old man has land 
worth- two seven 'cumlmls,' and he yivelJ one portion vf land. aIr. C!J. 
of tTte value of seven 'cmnhals,' to the church. 
'Vhat is necessity and non-necessity for the tribe I Necessity 
for them is when they are not in their territory. Non-necessity 
for them however is, when they are in their territory, and they 
have sufficient wealth, Lut they do not pelform the maintcnance. 
If the son h,1.S sufficient wealth, he shoultl fully maintain both, 
i.e. Ìlis father and his mothcr; let him maintain both fully. If 
the son has not wealth sufficicnt to maintain l,oth fully, but that 
he have sufficient to support them, let him support thcm both; if 
he has not sufficient to support thcm both, let him leave his mother 
in the ditch, 1 and let him bring his father with liÏlll on hi!; back to 
his own hoube. 



56 


8enchuf múp,. 


CUST<m- 11 0 bef pu a tedl .1. 111 ni 1W b1<<'O '00 mac faefma 'Oan fine up. 
AnY LAW. 't>enam na 5wpe, copab a Le=h ber 'Don'O nectrnr; ocur ml1-verdlblTl1Ur 
- fo'Oep.a '00t1 flne cen 1tl 5wpe '00 'Oenam. ccp. If cuma .1. ap. If 
cut;puma OCur '00 '01b't>UI'Olf 111 fme, 1tl t:an fla hup.nal't>et: 111 flne na 

fotm'O'Oteï=;ap. 'Olb lmon j';Ulpe, .1. [mÎlrnt lct:ap.] ua'O fPl ectmf If amtm'Õ 
lct:aT1. telt t:p.1<<n 111 1-'OSl1ama aT1. 5U1p.e. 1 f 'Oa fott:U1b .1. If '00 na 
fott:wb 'Ote5mp. 't>On f111e a feap fme '00 SUlpe. -r05n e fIn e .1. 
fOS111U1t: If na fott:wb 'Otc5wP 'Olb '00 1'el1' ë01T1,. -rOtU1'O c01'e f1'1 
f1tle .1. If 1<<t: fO fOWI't> If C011' '00 1'1f m fme. Cen m cp.la .1- cen 
,
co cennUl5ea nech ni amulch. CC c h t: nl P.l a .1. aët: na paca 111 amach. 
C en nl m 50n a .1. cen co 'Oe1ma 111150111 he, aët: na 1'wb a nwtflu'Õ 
'1o:ðc.vi ""L
 lm50na. Ha 'OlnT1.Ul'Oe .1. na 'OepJlat:enJljtEI 'Õ1U'Ó 111'Obsc:hech .1. 1m 
bpat:h. Cenmb saet:h .1- cen cob suet a nUlcne't> he, aët: nu1' 81ttmt:hcp. 
tl1 'OIC ma bUlr. ll1f nettne a baef .1. 111f Ul1'te tl1 '01<< bair .1. cm a 
"5wt:e no a f01'wlfCe. Cemp t;1'ebaT1. .1. cen cob t:pebtacn he I1n ap. 
OCUf 1m bua111, aët: na 1'a 1-'05tm'O he '00 ma111 na '00 feup((n'O. L;1'cbup. 
cach conae .1. If 'C1'ebu1' 111 cuë comet:uf 'Out:hm5 a fme fon comtmn- 
'C,uf 1'Wtl1C 111a talm. 13 a facba 'Oom<<1n .1. na1' facbll '01 fomw111Uf 
cf fO .31 C1111l'O bel' mo 1tl'Ot;lmll m tl1 p.o 11W1'5e't> Ul1'p.e peme. 
-....--...-- 



o 1mrU1Ch mac EOP- cach n"Ooc1lUt1. 1m a at7hmp" mm- 
FUICh cach fochup.. Foe1Ee cen 111 twt;wdl1m. 1 f amtam 
111 t;(1-chmp, flUf 111 m((c I1EOlt; 1mp.l1ch c((ch l1"Ooc1lUlt, 
111mFU1ch wch fOchut1.. 


ellch n'Oochu1' .1. ce 1'1ft:f!1' 11 ter cm co P.lft;Il1'. 111mfU1ch .1. 
1.) tl1 Imt:Ult:hmlch. ellch fochu1' .1. 110CU 1'1 11 tef. -roel5e .1. 'Oeme 
f11'815,um Imme Imll fuw'OT1.1U'O cell co cunll5cch dIU 11 t:hwt:hmech. 1 f 
IlmtU1'O In t:1lt:h III l' .1. If 1l1lltw'O fem at:llm t:at:hUl1' 1'1fm mllc '00 
Tl11l5Il11'e. lmfulch cllc11 n'Oochup. .1. ce 1'1ft:IlP.1l tef cm co 1'1ft:IlP.. 
HlmfUlch .1. noco P.I a tellr. 


C 
4-)'1 


\ 1'11mt;(( 111 m((C 1nEop; n1mru1chfme n((ch fochup, no 
n((ch "OOc1lUtt "01(( æ:;hmt1.. N,mt;h(( 111 -cæ:;hmp, Ftuf 111 


1 A3 it i3 rmdered.-The words in bracJ..ets in the Irish '1l1Îlll1t ICt;Il1" lire 
\'cr
' obscure in the l\IS. amI arc ouly rcall coujcctl1rall
'. 



SENCHes ?tIOR. 


5ï 


pT 
0; Útr- . 


Or as far as the valne of one-half, i.e. whatever would be due to an CI>ST'n' 
ARY!.Aw 
adopted son of the tribe for performing the maintenance, it is one-half the øall.e 
that will be due to the church; in case it was not necessity that caused the tribe 
not to perfonn the maintenance. For it is the same, i.e. it amounts to the 
same thing as if the tribe had become extinct, when the tribe does not attend to 
the duties required of it respecting the maintenance, i.e. as it is rendered l by him 
to the church so the one-half or one-third of the service shall be paid for the main- 
tenance. It is one of the duties, i.e. it is one of the duties required of the 
tribe to maintain their tribe-man. The tribe does this, i.e. they do it by the 
duties which are required of them according to propriety. The proper dnties 
towards the tribe, i.e. these are the duties "hich are proper for him towards 
the tribe. When he has not bought, i.e. when one has not purchased a thing 
outside. lIe should not sell, i.e. he should not sell a thing out. That he 
does not wound, i.e. it iø not erwugh that he does not wound, but he must not 
ha\.e a desire of "ounding. Or betray, i.e. that he does not furnish any unlaw- 
ful 
n, i.e. with respect to betraying. Although he be not wise, 
i.e. although he be not wise in his nature he is all rig/.t, but so that nothing is 
claimed to be paid for his folly. His folly has not been taxed, i.e. nothing d JW, M J...u 
 

folly, i.e. the liabilities of his thieving or his burning. AI- l
 
though he be not wealthy, i.e. although he is not efficient as to ploughing or 
reaping he iø all '';!lht, but so as he is not a plunderer of property or land. Every 
one is wealthy, i.e. every' one is wealthy who keeps the hereditary property of 
the tribe in the same perfection in which it came into his hand. Who does not 
leave greater debt, i.e. that he does not leave upon it a debt of liabilities 
greater than \\hat was 
f it before. 
 tÞt- '- ct' 50 z.) 


A son who supports his father impugns every bad 
contract of his father's, he does not impugn any good 
contract. He w
s although he 
not dissolve. 
<r .t c,
 '"1A.J- 
So is the father in relation to the son who supports Co 4:v I',q..fj 
him; he impugns every bad contract, he does not 
impugn any good contract. 


Every bad contract, i.e. whether it is required or not required. lIe does 
not impugn, i.e. he does not (lissolve. . Good contract, i.e. w!:!ich-þe !.e- 
Il!!ires. He notices, i.e. hq W,"P. n<H ipp that h e- will disturb it although he- 
is not able todi'-80lve it. So is the father, i.e. in the same way is the father 
with respect to the son who performs his maintenance. He impugns ever 
bad contract, i.e. whether it is required or not required. He does not im- 
pugn, i.e. w

ot 
equ
e4. 


Ir.dOt,. 
 
 Ov 
,
 
. at....r vt- 
""
,J; 
 
(k 


Not SO the son who does not support his father; he 
does not dissolye any good contract or any bad con- 
tract of his father's. Not so the father in regard to 



,L 1.ct 
 
J.ï..;e 
 :u 
 fi 



 



 1L q
 ,1, 

 


D, 0'0 

+. &e. 
#;> rv I 1- 
1
""
 


58 


8enchur mút1.. 


CrST L OAI- mac nms011.; 'DO mcap'õe cac11 n"Oochu n ocu r cach 
AnY AW. I" 
fOchup, 'D1U mac, ma'D Fop,fOcC]1.a CUtLU a me1C co 
paft7ap, cach. k'D1Lp 'DO re01e a mec C1p mp.m 1na ewt1.; 
nach Flt1ehroLa F11.1U cm tLUC a macfUm at1. cach 1e 
s-'D1Lp; 1f 'De af be1W1t "n1 tua 111 c1ua FlU 'DO'Damna. D&.J 73J 
111 C]1.1a 'DO baeeh ptte La Fe1ne, 'DO mna1, "00 C1m1'D, 
'DO mus, 'DO cumwL, 'DO manach, 'DO mac beoæ:;ha1t, 'DO 
'õ e0 1 w 'D, "00 ew'D" 

 * J 


I 11 I m'[; (I .1. m 111mon'O te(lm .1. nocon Clmtm'Í> fem (1'[;(1 m m(lc 1I15 0 yt. 
,011 ach fochufl.l. COt1. comtOIS. 11 (lch 'OochUfl.1. '01ub(lfl'[;(I. 1'11m'[;l](1 
In '[;(I'[;h(llfl.l. m 111nann hum. I nocon (lmtal'O fem (11:;(1 m '[;(I'[;hmfl 
llIf1l1 m(lc 1I1sofl. C(lch n'Oochufl .,. cen co fllft:efl (I te(lf. Cach 
fochufl .1. con(l fl1(lch'[;(l1I1 (I teaf. nl (1'0 fOflfoCCfl(l .1. m(l'Ol(I fUfl- 
fUCCfl(l1l1 '[;(I'[;hmfl mfl C(I11 cunntw'Í> '00 'Oenam ytlf 111 m(lcc. Co fl af'[;(lfl 
/& c(lch .1. co flmb (I Pf (lC m c(lch '00 fl1l1'Oe cunnfl(l'O fllff. 1'[; 'Oltfl 
'00 .1. If 'Oltef '00 reOl'[; (I melC cl'Obe 111(1'0 (I '[;aytflm'O 1(1'[;. 11 (lch 
1-'fll'[;hfot(l .1. nocon tl
 f
L
 (I Let;h fllf clpe'O befler (I m(lcrum 0 c(lë 
'OUine no co '[;(lfltmt;hefl 1w fem. 131 )1.1 (I III cfll (I .1. III po flec(I III 
Im(lch ocuf III flo cel1l1mse(l 111 Imulch '0011 '[;1 af 'O(le'O(lml1(1 blf 1f 111 

'ÐomOll .1. 111 mac 1I1S0p.. 111 Cfl1(1 '00 b(le'[;h .1. III r.o Cel1l1mse(llll 0 
l1a b(letmb fUlLe'[; '00 fle1fl1l1 fe1l1echmf. "00 mil (II .1. 111 (I'O(lt'[;fl(lch. 
"Do elm1'O .1. If 'ÐILfech bmf. "Do mus .1. 'Ð(lefl. "Do cum (lit .1. 
'0(11 fl. "Do m(ll1(1eh .1. CI'O raefl m(ll1(1ë CI'O 'O(lefl m(lI1(1ch. nl (Ie 
beo(l'[;h(lfl .1. III m(lë m50p. "Deofl(l'O .1. 'Oeofl(l 'O(ll1emt(lflfl(lë'[;(II11 
15'"D0 '[;(11'0.1.111 Sffi:m'Oe. J7'
trv A.K I 


320, a e1]1.1c ocur a 'D1bu1'õ. 
.1. co1flp'01fle. "Dlbul'O.1- feol,[; oeuf llI(lme .1. '[;(111. rapusa'O 'no but 
amUlë é, ocuf If ee'[;fUl'Ð 'Oama'Í> eeo'Ðllueh é, ocuf a bpet;h Cont11yt lJU'Ð 
e1rt1l111 '00 'Ða maflb'[;h(lfl é, co mbet eOtflp'Olfle oeuf elll1ctUl111 '01(1 pile 
3D 11111. 
1 Exclta71!1 e .-ffll'[;hfOL(I-A tiling given in exch:mge, the price of n thilll-( 80M. 
S From n ,f,iif.-The full "oPY of the' Corns Desena' in O'V. 11i!7-IW3 end.. 
imperfect here. The remainder of the seetioll, the text of "hieh is al&J imperfect 
is taken from O'V. 320, &c. 



1"-'.

 t'-t(&,?y)t
t; 
þh
: 
M.k 
-ti ' I . 'l"ffi1 hv I ' \ 'í7\'j,t!\e,. C<. 
)\.
 
- I v 



SE
CHCH )IOH. 


59 


the son who does not support him; he sets aside every Cl'STO)(- 
bad contract and every good contract of his son's, if Au v LA W. 
he has by notice repudiated the contracts of his son, 
that all micrht know it. The C seds ' of his son are 
ð 
forfeited to him wherever he seizes them; whatever 
his son has obtained from others in exchange. is for- 
feited; whence is said: "thou shalt not sell to, or e-f f:, 4
 U Mr,.fJ 
lmy from an unqualified person; thou shalt not buy ,\ 
from a fool of those among the' Feini,' ti'om a woman, 
from a captive, from a bondman, from a bondmaid, 
from a monk, from the son of a living father, from a 
stranger, from a thief."
 


Not so, i.e..I do not deem it similar, i.e. it is not so as to the son who does not 
snpporthisfather. Any good contract, i.e. acontractofe'lual,alueooboth_.I.._ 
sides. Any bad contract, i.e. Ú3ttII<. Not so the father, i.e. I llo not "I 
'''f/'''V? 
deem it oJike, i.e. the father is 1Iot so with re
pect to the son who does not 
upport 
him. Evel'Y bad contract, i.e. which is not re'luired. Every good con- 
tract, i.e. when it is required. If he has by notice repudiated, i.e. ü the 
f..ther has warned the public in the case not to make a contract with the son. 
That all might kno"; it, ie. that everyone who malle a contract with him 
might know it. Are forfeited to hinl, i.e. the 'seds' of his son are forfeited 
to him where,er he seizes them. In excha1lge, i,e. whatever his son has ob- 
tained from any man cannot be true va:ue with respect to him nor aught else 
until the thing itself is seized. Thon shalt not sell or buy, i.e. thon shalt 
not sell a thing ont, and thou shalt not buy a thing outsille from the most un- 
quoJified person that is in the world, i.e. the son who does not support his father. 
Thon shalt not buy from a fool, i.e. thou shaltllot buy from per
oJIs who 
are not sensible according to the' Feinechas.' From a woman, i.e. the adul- 
teress. From a captive, i.e. who is condemned to death. From a bond- 
man, ie. a . daer'-bond-man. From a bond-maid, i.e. a · daer'-bond- 
woman. From a monk, i.e. either to a' dae.'-monk or a' saer'-monk. From 
the son of a living father, i.e. the so
 who does not support his father. A 
stranger, i.e. 
ft1rt-to-befeund. From a thief, i.e. the 
stealer. · 


His C eric '-fine and his bequest. 


IIi. 'eric'-fine, i.e. his bOlly fine. Bequest, i.e. 'seùs' and property, i.e. 
by ,iolence he was outside, and it is the opinion if lawyers that jf he be a non- 
sen-ible adult, and that, while being brought out by an insecure road, he was 
killed, his tribe shall ha,e bod)-line and honor-price for him. 
. Stealer.- This is the last word in the COP)' of this tract in II. 2, 15, p. GG, b. 
(0'1>. 116:1.) Thc rcnMinder is taken from th
 fragment.lry copy pre.scT'ed in H. 3, 
I í (O'V. 3:!O, &c.), except a few sentences from 11.3, 1:;, p, ;)1;1, a. (C. 83:J, &c.) 



60 


8encnur 111úll.. 


Cl'STOM- CUtc re01{; fOft neacn bta{;nur eto"Òucn an <\.pnna- 
ARY LAW. 1.. I" 
- (;IIUtt. 
.1. f1ach
m;ap. .U1. l1m'Òlcha ma omf1 oano:pa'Ò 0: fU
 feme- 
acnU1r naë feacha; .U1. buap. feEap. m apa'Õ 0: cam fUld1p.lbe; 
Jocuf na CUIC fe01
 a renchuf .1. 
eop.o: oa 'DO 
ae
 'DO Eaë ep.IC 
'D1tJ, ocuf If m apcro pattms 1TlEn1ma m;a annfo. bo mlOp.flu 
rnunoa'D mEnlrna .1. fon COf1lJUlt1Uf }'U1t 0: cam, croon, fe umEe 
rna mYl1rna, ocur 'Da umEe rnunoa'D mEnmla. 
Caë C111 'DO 'Den a 
ap. baTlap<ro oc m pp. pne Ir 0: 
p.1o:n fmfl. 
"ma 
ap. fap.uEa'D oer oEa Ir a to:m cm fmP.. ma'D oE pp. 
o:mpne bear 
ap. oatlapa'Õ, If tet a cmu1'Ð fa1P.; tan Irnoflflu 

ap. fap.uEa'D. Cach cm 'DO 'Dena 11.10: 
ech
 ëUlce Ir a tan fmp. 
ap. a tefUEa, ocur cornap.teEai>, ocur 'D1
Ub; 111a teruEa ocuf 
cornap.teEcro narna, Ir a tet ëln fmP.. 1r e 0: 
p.ocU1p.e, In C111 
Ií'nama fmP.; If e 0: e
p.ocmp.e, In C111 ocuf In rmaë
 1'011. In a 
UEo: 
á. 


". 


Cacn tnnup.bu{; anJ'oLut'l). 
.1. nochan 1m; a 'Dp.ochfotm'Õ fem 1Tlnup.bu
 hi. mar co 
hmn'Dtll;0eë p.o teEe'D In cet; mumn
el" nocno: 'Dt1bTup. 'DO: m(lc (I 
1.0 Emp.e 'DO "tIenum co n mmf1p. f1P.E, no EatU1p., no enu'Òa. 


'>\Ak 0<<-, ! 


pI.. re rnacu 1 nup.'D C01P., 
ta cach f1í.últ;he, ta Eaë rean0111., 
"00 p.elp. In 
8encura rn01p., 
"00 na 'Dt1E m;nmp. anólp. : 


I UnalDare,.-' Banapadh . occurs, when a man is proclaimed, and the friend 
who entertains him does not know it. 
. p,.oclamation.-' Ban-apadh' literally 'white-notice,' is explained in O'D. !)G9, 
to be, 'feeding and sheltering the procl.limed person, before he has committed the 
crime;' feeding and sheltering him after he had committed the aime was called 
, derg-apaùb,' literally' red-notice.' 



SEXCIlCS MOll. 61 
F . d .] h /(
 C 
lye C se s 
s tile fi ne U p on a P erson W 0 cntertams I!STOM- 
" ART LAW. 
a fugitive wbo iÐ knowu . 
That is, six 'Beds' is the extent of the fine for entertaining a .! 
 ! 
proclaimed person unawares 1 according to the Fenechus, i.e. six 
cows are claimed asfinlJ for entertaining a proclaimed persona in the a Jr. Pro- 
clamation. 
, Cain Fuithribhe '-law j and the five' seds' in the Senchus 1J.for, i.e. 
three cows go to each 'eric' -fine of them, and this is for entertain- 
ing a party fit for action j but one cow if they are not fit for 
action, i.e. similar to what is in the 'cain '-law, viz., six ounces 
if they (tlz,e persons entertaimd) be fit for action, and two ounces 
if they be not fit for action. 
As to every crime which he (the person entertained) shall commit 
notwithstanding 'bán-apadh' -proclamation,' wlâle with the tribe- 
man, the third ofthe fine I'hall be upon him (elM tribe-n
an). If he is 
with him in violation of law his full crime shall be upon him (tlte 
tribe-man). If he (tlz,e proclaillU3d person) be entertained b
 a man a Jr. with 
of another tribe while under' bán-al)a{lh '-proclamation, half of tlM 
fim for his crime shall be upon him wILD entertains; but full crime 
is committed if he be entertained in violation of law. Of every 
crime which he commits before coming to hÏD:!. the full fine shall 
 . l .:: _ L ' 
u- -h1'1' c.J - l-CoA' 't> '" """'J ,<....J.. 
be upon him wILD entertains, for supporting, 
llool lJ1ig, and shelter- <t.
 7 '
li _ 'I- _J A 
ing him; and for supporting and counselling him only, half his t'J:" , , 
JAM_f'3'? !I'?1f 
crime shall be upon him (tlte entertaillAJr). The leniency of the law 
in this case is, that he (tlte entertaimr) bears his crime only j 
its severity is, that the crime and the' smacht '-fine fall on the 
person with whom he is. 
Every putting away of ((, U'oman for disqualification. 
That is, they are not her own bad qualities that cause her to be 
put away. If the first wife was unlawfully put away, her son is 
not bound to maintain her until the arrival of the time of her 
decrepitude, or disease, or 'enudha '-pledge. 3 
There are six sons in proper order, 
In the opinion of a every learned, every senior, a Jr. with. 
According to the' Senchus J\Iór,' 
'Vho are not bound to honor their fathers ; 
}r.
B<

 1W
t
 


8 0,.' enlldha'-pkdge.-The text is defective here; hence the passage is very 
obscure. Jn C. 834, the tenn 'onota' occurs, and is glossed "1t1 seLt 'Oonma 
1X1t!f1.5o, aët; m t;1X1 bf1.o nffme, i.e. the pledge for repentance, Lut the fliwÎl.) . 

not give it." 


rt' H...f 
 
QM.. 4k.."1- 
 


,,
- 



'X. -: f ) 
 
 
 "" r- 61 
 Ifw, or fiL, 
)U. 
 cJtd; rb'i '" 
 u 
 *wJnf 
f'11t'It OÐ?I'" lr 
 .qrJr.r 
 -rir1J fu!,.tt- 'l1#J 
 71MJv 
 
. 


6
 


8enehuf móp,. 


CrSTO]I- 
ARY LAW 


mnc cér; mumnr;111.e, mo:c btl1tS. 
mo:c cfto:bU1'6 cm Ul11l1. l11t11111fl'D, 
mac 'D10: r;((bUlft m11'Cl111' Eté, 
mo:e e111 r;lft, mo:e 1 n'D((1fte. 


sac1n:; 

raèt11LLe cLe1p.eeëc no
m1'Òa." C 


.1. 'o:chr; 0:111 up.ëU1tte 0: etcftceër; .1. sar; 'DO 'Dcnt11n. 'bo no 
t;onlU1tr; rcoto: 0: COttEU1'. 110 enuim .1. en1'e'D .1. 1'e'D Ó111' o:p. 
o:nj:o:mne; no uno: 1'OU'Ò .1. 1'OU'Ò 0 un can C111U1'Ò; no o:en1'e'Ò 1 
l1'Dé, 110 oto: neúm, nu act l1crò 1 n'DC na 'D111'5ne o:ftl1'; no nocha 
/. m01 rUEe n1 betulbu1' 111 r;o:el1, no 111 r;e11 'DO bta'Ò; 'Dhg;ufl an 
r;o:t;hlX1p. 'Don mo:e 11'unn'Du. 


mac "Ola cabu1tt an::h11t rammlfrUlf. 


.1. 111 'Do: 1'er;mb 'DO belft m t;o:dlUlP.'DO ::;aë mac 710 a111nf1n. 1)1) 
pr5U1b em 1'et;u'Ö. nocho: 'bt1Er;hup. 'bcf1'Òe :::;((1fte m orhll1) 1)0 
,If 'benU111, co r;1 111111f1P. f1ftE no ento'b. 


mac roncfSU1b md111t em ottbn. 


.1. ma C1nul'Ò m'Der;blfte rem, 111 o:dlUft, 'DO ehuat'D o:n rea- 
11.un11 o:nn1'l11n; ocu1' n1 hmn'Dtl5Lhech 'Don mac CI11 co 'Dep.na m 
SlX1fte amnf1'Oe, co hatmf111. f11l-E no ECltUlft, no eonu'Òa, 1111111. 
",'Damo: mo: emr;atb 'De1r;b1fte 'Dechr<ro 'DO 'Denr;a a Sattte; 110 se- 
mu'Ò cm m'betblfle, 'Do:ma'Ò 0: c11lmoteobUI11'DO 'Dech1'O:'Ò, 'DO 'Dt:nr(( 
a satfte. 


mac ron<I5mu a mch11t 1 n"Om1te "00 rtmt. 


. t. 1 l1'OCtelP. cet1'me, 110 IX 11'OIXep.ma11lchl. 
'1s-mo: p.o rasU1t) 111 t;m;ha1ft d1' 'DOE'fta1S1tteër;a o:ft 1t1 mac 'DO 
rtatr;h. no 'Deo:ctm1' aft m fEaftU1111 'DO neoch na flO1be ({f1t 
c01''LftafGa o:ft cmn o:n arhuft, no mo: fto rClEa1\j p'l11 p-ch 
1JI'bCr;01fte elte, nucha 'Dt15Lhuft 'Don m(((. m r;o:rhatft 'DO SlX1fte cu 
1:1 0:1111f1t1. f1ttS no satm11. no eonu'Òo:. 


1 'J'lu; 
Ì1.tl.-Tbc hbb wonl for binl and that for tbe number one, arc sounded 
nlile. 



RE
CHl
 MOR. 


G3 


The son of a first wife, a '
a
b
ilg '-son, 
The son of a religious without an hour for his order, 
A son for whom he (ltis fatlter) parbours purf' hatred, 
A son without land, a sonmond
 e. "',' c..,.,. Hi or f- 3 '10, 


,Oe, IÁ/ -{vtw-J- ''''! 
Cl"
T()
I- 
ARY LAW. 


But what clerkship forbids, or 'enudha'-pledge. 


That is, except what clerkship prohibits, i.e. to commit theft or to eat meat in 
Lent. Or 'enudha'-pledge, i.e. 'enshed,' one 'sed,' i.e. 'sed-oin,' a 'sed' of 
one, (a cow that may be detained one day) 
 his debility; or' una-somlh,. i.e. re- 
turning from washing without crime, or one' 88(1' per day, or from noon forwar<1, 
or an oath from him 
 that he will not do it again; Or he has not as mnch 
of food as feed.. the one person, or the hird;1 it behoyes the 
on to maintain the 
father in this case. 


A son to whom the father bears peculiar hatred. 


That is, the father gives a portion of his 'seds' to every of 
his sons in this case, except one 
vllOm he has left without' seds ;' 
he (the son) i<; not bound to maintain the father, until tbe ttrrival 
of the time of his decrrpitude, or 'enshod '-pledge. 


A son whom his father has left without land. 


That is, the land has p,.,1::t 3.W2.y for hi<=;, the L'ttber's O'wnJ.

 
liability in this case; and it is not unlawftù for the son, that he 
does not perform tbe maintenance in this case, until the time of 
decrepitude or disease, or 'eonudh' -pledge, for if i
 were for hi" 
(tltefatlwr's) necessary liabilities they (tlte lands) had passed away, 
his maintenance should be performed; or if it were an unnecessary 
liability, if they had passed away for the liability of a kinsman, 
his maintenance should be performe4- 
A son whom his father has left in hondage to a chie.f. 


That is, as a 'daer '-stock tenant, or a . daer '-stock tenant of church lands. 


If the father has left a rent of 'daer '-stock tenancy to a chief 
upon the son, or to a church for the land, a rent which was not 
as yet upon it wlæn it came to the father, and wltich 
J)as, owing 
to the father's liabilities, or if he has left other unnecessary debts, 
the Bon i<; not bound to mnintain the father until the arrival of 
the time of his rlccrf'pitlllK> or disease or 'eolllulha'-plcdge. 



64 


8enc1lUf móp.. 


Cmn.OM- CCc1lt: mUT1ap. t:alp.5 1T1 nrr;hU1p. fomu1T1e cU15e amm5; ocuf 
ARY LAW. b ' 
_ ma P.O t:a1P.5, cm ec P.O t:a1lt5, If a1111t1m Im11mn 1t:1P. 111 
fOmU1T1e 110 t:a1P.5, OCUf 1T1 'OomU1T1e èlrU T10 pach 110 P 1 5 mo 
ap. 1T1 mac. 


x C l4J.L
 1-)
 Fit '? 
Jf'
 


::: O'&"- 14S'4 


óCemal> é ttri>a 1T11 '00 be11U m nrr;hU1p. amU1ch ma am rU5 
amach, 0 '00 bep.a T11 amU1ch 'OeT1t:ap. a 5((111e. Ocuf re1U11l11 1'\.0 
t:a1P.5 1t1 fL:uP. 1T1 t:a1t:hlP. èU15e amu1'S a1T1T1r1T1, ualp. a 'Oelp., ap. 
<< fp.U1t:he robap.t:aT1 1T1 ac:hup.. 


1T1 'Ou1T1e p.o b11e5Uft:uP. m mac 0 5a111e a ac:hup., fiO 1 10 
'0 Ù11 e 5 U rL:up. 1T1 rep. pne 0 'OtI5et) C011Ura pne, a1t: h 5 1T1 5 T11n1 11 ur i> 
'OIC '00 p.e ac:hmp. T10 p.e pne, ocur 1curi> re tampach 1T1 C1T1ml> 
Ima P.O '01t:hT11rL:up. é, ocuf cach c1T1uri> '00 'Oena T10 50 n 11 e 
'O tI 5 e l>; ocur 5 ema i> ei> bu'O alt tall' a n'OT1ucat rem 11' m C1T1t11i> 
f1T1, T10cha L:1'OhT1UICre, ump. 11' '01L:mi> !Up. n'OenunI cmUI'O l111e; 
.>ocur 111 cm '00 p.1T1T1e al5e !Up. T1a '01t:1T1, 1T1a 1105a 1'0 ma t:ap. 1T1e 
ni> T1U1 5F e r 1T1T1, T10 m ret:u '00 bep.a t:a11 a ceaT1T1. . - - - 


'J 


múr ap. 'Oal5m a 5a1t:e 11U5 tef e, e1T11ctuT1T1 'OIC p.er bUl>em 
ocur e1T11t1ctuT1T1 'OIC p.e pT1e, ocuf a t:011aët:um ré 1T1 ; ocur munu 
t:op.a, cOI11P"OÎp.e ocur é1tllctunn '01C p.e pnc, 


10 1 Lm nep.Ëe"mep.asap.x o ectu1f bunurò 
r mn
e 'Oetb111.ß 1T1rO 0 ero.::;tu1f '01 ((p.mte '00 r11 eumb 
nca5U1tflÖ. 


f- 



1t reèt: T11T1T1e115e 1T1 5aè p.é, 
OectU1f t{1cúI1115t:e ; 1\.4; 
l.1"meac:h, cm, níma, l>1dp. 'Oe 
mac bUlt5, r05tu1m, et1tp.e. 
1n t:an t;1U5aP.1 T11T1l>ep.5e 'Oet:b1p.e on ea5tu1f bUT1U1i>, OCur ac:- 
b((1tt m flT1 oc aTlT101t:, OCur ra5U1U coma11ùa, n: 'Oa t:P.!uT1 a 


1 'Sobartan '-compen3ution.-' Sobartan ' is thu8 glOllsed in C. 2,888, "fO U p.U1'De, 
.1. U p.OO'De moot, ue ere U fObap.ean U1Le tar 111 fLoE co C1Earn," good his 
(or their) 'raide,' his (or their) good 'raide,' as it is, their entire 'sobartan' with 
the host, until we come.' It seems to mean 80rne kiml of compens,ltion or pay- 
ment. 'Raide' is perhaps from the verh 'radaim,' I give. 
. Dele"tivr.s.-In C. 834, the following gloss on thi8 passage occurs, 



SEXCHT:S 1I1OR. 


6.3 


But tltis is tlte eCUJe unless the father has acquired property out- Cl"STO:U- 
. I L_. d if h h b . II h . AllY LAW. 
:;OIl e tn#; terj.ttm.v,. an e as, e It ever so sma , t ere IS 1l1j. 
 t) lJ: 
 
calculation oL.t.he-diúsion to be made between the property which It WI( <4.,) 
he acquired, and the debts of rent or other debts which he left upon 9 
the sun. 
Though what tIle father has acquired outside #te. territíJ1:!I be 
smaller than what he gave out, 
 he has acquired anything out- 
 
side let him be maintained. And it v. as land that the father 
acquired outside in this case, for it (tlte lau:) says, from his dig- ") 
nity came the' sobal-tan'l-compensation of the father. 
The person who has seduced the son from maintaining his father, 
or who has seduced the tribe-man from the law of the' corns-fine,' 
shall make restitution in act to the father or to the tribe; and he 
(the seducer) shall pay the full fine for the crime in which he 
sheltered him, and every crime which he (the slteltered persan) 
commits until he returns to law; and if he (the sltelterer) prefer 
to deliver the criminal himself for that crime, he shall not do so, 
for he is guilty of sheltering after the commission of crime; and 
CUJ to the crime which he (tlM3 sheltered person) committed while with 
him after sheltering him, he (tlM3 shelterer) has his choice whether 
he will deliver him up for it, or give' seds' to pay for him. 
If it was for the sake of stealing (kidnapping) him he took him 
with him, he shall pay honor-price to himself, and honor-price to 
the tribe, and return him (the stolen person) ; and unless he return 
him he shall pay body-fine and honor-price to his tribe. 
:Many desertions 2 are made from an original church. 
That is, these are necessary desertions of one church for another 
l,y ecclesiastical tribes. 
There are seven desertio:Q.S in each time, 
From a church, which are excusable; 
By failure, crime, famine, landless mati, 
A ']\.!
b!!i1g'-son, learning, pilgrimn",cre. 
',hen necessary desertion takes place from the original church, 
and he (the person wlw deserts), dies at an 'annoit '-church,. and 


''In'Dep.u5up. .1. dU5U1'O U manmch um'DI up. m r1U leo manël'Dl. 
Desertion takes place, i.e. her monka go away from her, for they do not 
,-slue their condition as monks." 
8" Annoit-church."-That is, the church in which the patron saint was educated, 
or in which his reliqnes were kept. In C. 122, the word is glo
sed, u ectmf '00 
et; m mLe uf cenn ocuf If cU1fl'De: a chnrell whil'h precedes another is a 
head and is earlier." Elsewhere it is otherwise glo"sell, in accordance with the first 
explanation. 
YOLo ITT, F 




-
 
{ 



-:.tJ' 


..7 
fý,.(f
 tIT, 1-<1- - 


(j(i 


-Senchur mÚfì. 


('!"
Tn
l- cecmnal'se 'DO ea"Shur bt111t11'D, Oct1t'r:pwn 'DO mmOIt:. OCt1t't:et: u 
AKY LAW. 
comap,ba 111 pp, f1n 0 annon:; CO comp((111,ëe 111 111nep,"Se'Det: bI 1 u , 
OCt1r at:bwtt aft11'Dt1"Sa, ocur 'Fa"SII1U cOmOl1,ba, It: 'Da quail 'DO 
e(q:J t11 r bunul'i> ocur quan 'DO compmple beof; OCt1r ce tel' (( 
"como}1,ba CO heactt1lf I'll e, 11' hI }1,ann 111 fO bWf 'F m l1, 'DW e"S hll r 
uunt1\'D beor, co l1,olb quan 111 aen ea"Stt11r 'Dltl. OCt1r 'DW p,O\u 
'DWr 111 aen ea"Stl11r 'D1l1, OCt1r t:ét: 111 r:per fep, co hea"Stt11t' mte, 
CI'D bell1,lt1r ea"Stt1lr bt111t11"Ò af 111 'Fep. 'De'Ë;111t1ch 1'0 'Da t:p.wn 
ceannm'Ë;e lUt"S 11' 111 cer: re}1" OCt1r tet II' 111 pp, t:ÚnU1f1, 111 tet 110 
10 m quan 11' 111 }.'1}t 1'0; 'D1CUI1t: ({It! coma'D tt't, qt10'D t1elUt1r err:; 
'iJ1Cunt: mt! coma'D q1,wn. 


"Om }1,01U a reanrn:hUlp, 1 nannolt: OCt1f a m:;ht11}1, 111 adlUl1,ai: 
annOlt:e, 'DW 'CImn(( a a"Ònt1cat ta m:ht1111, 111 aen ea"Stt11r, a'D- 
11t1Ip:; a l1,. l11t111a t:11l1na, 11' cp,anncht1p, eDJppu'D. 


IS' t11(( ]:'op,ae neach CtnU1Ï) nmncear no eq;e. 


.1.111 5((erh 'DO bl1,elt n(( t((nW 11(('Da. 
4
 


1'10 et;se .1. InvrnpeL 'DO t;U1t;I1H U(('DU. 


l:}1,e"Òe 'Dltrl'5Ur 111 uwntJch 1'0; C111 'Det:bl}1,6 OCtJr 111'Det:blpe 
nea"S((Lr((, OCtJr blr11 cm pIle, a}t 'Ow mbe pIleII' 'Fol1,lW rl1l1al1,"S((}1,. 


2D 1n(( lI1al1a('h S,Ll '00 b((r, 11' 'Oll1ur (qt 'OechmtJI'D 011 Ull1,(;111lwch 
l lO té"S C111 pwrLu"Sa'D. 111((1'(( rona rUfotr:ach, 11' 'D IL1tJ r ap, .t. no 
FlU l1,é t1((1}1,c1l1nach ell e 11lum(h 1((r pu I é"S. "Ow C01lll11pteEe 
111 erf,t:;LtJlr t:ll1, tmr, 11' 'Oa q1,wn 111 nl1,e 1'111 '00 e((5h11f bt11111111 
oil 1I1(1twr ré1l1. ocur a Let 011 111(((', ocnr ('111 nl on rper f1}1,; l1u 
,,$"1-1' tfur 111 paJ:;1111r bUl1111TI 111 T1}1, 1""0 11111', aiT 11' T1}1, q1,eatl1lr- 
1'01\1 WIt l1a rah11111,r 1 n::;('((1 t. 


11' Fa111, ura 111 cohvo'Omt reo .1. (( qU((11 '00 bI11l((,{) oCtJr u 


1 , Ceannaighe .-good,., vid. note 2, p. 32. 
J . Compail.che'-chw'ch.-A ChUTCh in the .ame ]>Rri"h, i.e. any dlllrl'h ulltl
r th
 
IIRme and tutelage of the original "aint. 
s 11l(1(1"",-I, ul
p.--The }\I:
. is dl'ft'(.tiv(' hf'rr. 



SE
CHlJS MOll. 


67 


lias left an heir, two-thin1M of his 'ceannaighe '-goods! are due to the CCSTO:\I- 
original church, and one-third w the · annoit'-church. And the 
y LAw_ 
heir of this man goes away from the · annoit' -church to a 'com- 
l'airche' -church" by necessary desertion, and he dies there, leaving an 
heir, two-thirds of his ceannaiglte goods are due to the original 
church and one-third to the' compairche'-church still; and though 
his lleir may go wanother church, this is the division that will 
be due from 11Ím to his original church still, until three generations 
of them (his descendants) shall Imve been at one church. And if 
two gf'nerations of them have lx>cn at one church, and the third 
man in descent goes to another church, still the original church will 
get from this last man the two-thirds which it got of 'caennaighe'- 
goods from the first man, and one-half from the second man, a.wJ. vi; 
one-half or one-third frolll tills third lllan A. 
me l<twyers say that 
it is one-half, "\\ hich is more correct; others s:íy that it is one-third. 
If his grandfather was buried in an 'annoit'-church and his 
father in a different 'annoit'-church, if he has willed (O'I'dered by 
his {ltst will and testarnent) to be bmied in the same chmch with 
his father, let him be tltere buried. If he lias not willed it, lots 
Rhall be ca.<>t between them (the churches). 
If one has committed a crime unintentionally or by 
inad vertence. 3 


That is, a case wllerein the wind carried the flame from l1Ím. 


Or by inadvertence, i.e. the spark fell from him. 


Three things render this tenant of church lands forfeit; neces- 
sary and unnecessary ecclesiastical liabilities, and to be without a 
tribe, for if he had a tribe it is on them it (tlte fine) would be levied. 
If he be a tenant of church lands who is a pledge unto death, Y 2M. '9- 
he is forfeited in ten days from the' Herenach who left him un- 
ransomed. If he be prosperous and wealthy, he shall be forfeited 
in fifty days, or in the time of other Herenachs, IUlless it was they 
that left llim 'ltnransO'Ined. If the church advise fha t land 
n 
 
with him, the two-thirds of that land are due from the tenant of 
church lands himself to an original church, and one-half from 
the son, but nothing from the third man (generatiQ11); or (in the 
opinion if otlters), all this land belongs to the original church, but 
it was land that he purchased after he had been given in pledge. 
It is of it (tlle land so jJ/I1'chased) that the following partition is 
YOLo Ill. F 
 



cl;fl> 
e,g7t- ((0 


c(:? t 4lf .. r 



.1 l!f./D 


1--1! -z,<f4 - 2-v 


t 
 2L/b 11ft 


G8 


8enchur mÓll'. 


C'-'STO't- r:p.wn '00 1'tuc1mum, ocur 11' tmr m r:1 oca r:arom an 'Seatt 
Alt
W. r m a r:p.wn nmtt. "Oa r:p.wn ar 1'1'Òe 'Oon ea'S
 U1r uunl1m on 
cer: pp., ocur ter: on pp. r:mlu1f1. 11' amtU1'Ò fin rwnm:ap. a 11lma 
ocur a u'Oaér: ocur a ceannm'Òe O1tcheana. 


ö 'be 1na C11l 'Oer;b1fte focell''O a mamëe ftU ecq:;tU1r, '00 
beft a r;1l" '00. 
.1. caé cm 'Oer:blp.e '00 'Oena 'Oume, cmmor:ha map.na'Ò, 'Ow 
r:ap.p.up:;ut\ ralt\, 11' a elp.1c ua'Òa rem co t\O tocmtet\ a 11lmte 
ocur a r:1t\ 11ln; ani blr ralp. cm elp.1c 11' a 1C 'Ow pne amU1t 
/. comtwmmr: q\ó. mana r:ap_t\U1'r:up. rmt\, 11' a 1C 'Ow pne WI\ 
can:hlum a r:II\e mn, amult eomp.umm::el\ ep.o. 


C1'O 11' 'Oer:b1111Uf ann ocur cm 11' mn'Oer:b1P.1Ur? 
11'1''0 'Oer:b1P.1Ur ann emr:a anrolr: oeur m'Oer:ulp.e t:op.l.U1'Ò. 
11'1"6'0 11' 11l'Oer:blP.1Ur ann emr:a comp.ult:e ocur 'Smt:U1ttl1Ï1. 
V 
,; ma map.ba'Ò 'Oet:blp.e, emmot:ha .1111. 'Son a 'Oume m cop.ufa 
pne, Cia r:ap.p.up:;up. 1'<<11\ cm co r:at1p.uP:;Ut\, 11' a Ie 'Ow pne, 
mllU1t eomp.u1nmr: cp.o; oeuf 1CUI'Òf01l1 CU1Jl((t arè'Sma, ocu1' 
cuqwma ft\w mac no ft\w ad1l11p., '00 na re cumatu1{j '01p.e. 


Cach cm m'Oer:blp,e '00 m 'Oume 1r:1t\ mal\ba'Ò ocuf ap.mt, 11' é 
"" 1'a'Oe1'1n mn ocuf a 11ln1te ocur a r:fp.. 


mana bé a 1C ann, no muna r:hal\p.UrrUt\ rmp., If a 1C 'Ow 
mac co p.o cmrep. a mn1te oCl1f a r:1P. mn. 111una bé a 1C ann, 
1f a fc '01(( m;hu1t\ ron C01t\ cer:na. 


tTluna bé a 1C ann beof, 11' a 1C '00 'Saé t:eattach 11' neara '00 
zS'co p.01rC a mbe oca, no co p.o tmnlc m cmU1'Ò. 


11' ml\e 1cuf caé r:eattaé 11' neafom '00, ump. 11' 1n'Oet:bqt 111 
cm, ocuf C1'O m'Oer:b1p.e 111 cm, p.a'Òu1'Ò a TIlt mn tll'pU T1far: 
rem, ump. nachm; I' '00 p.on1'm; 1n cmu1'O. 


1 lnl.im.-U he and his cattlc and his land be not sufficient to pa
- for his crime, 



8E:\CHU8 
WH. 


69 


made, i.e. one-third to the owner of tIle stock, and une-third to CUST()
I- 
AMY LAW. 
tlLOse wlw peiform service, and the other third to the person ,\ith - 
whom he is in pledge. Two-thirds out of this is due to the 
original church from the first man (generation \, and one-half from 
the second man (generation). It is in this manner his gifts and 
bequests and' ceannaighe'-goods in general are divided. 
Though it be for his necessary liability that he 
 't)
 N: 
 "I 
h
 a church, his land shall be given him. 
,
 _ 
That is, every crime of necessity which a man commits, except 1 zr..fl!> , 3Jj 
killing, if he be apprehended, he shaH pay' eric'-fine for it himself 
uutil his cattle and his land be spent in j)(tyment of it; what re- 
mains of his crime unpaid for shaH be paid by his tribe in su,(;!t 
proportions as they divide ltis property. If he is not apprehended, 
it shall be paid by his tribe, as they divide his property, after his 
land has been spent on it ((dl given (tway). 
'Vhat is necessity and what is non-necessity 
 
Necessity is a crime of inadvertence and unnecessary profit. 
Non-necessity is intentional crime and such as was not deserved 
by the injured party. 
If it be a CMe if necessary killing, (dw(tys excepting the four man- 
slaughters mentioned in the' corus fine '-law, whether he (the IW1ni- 
cide) is apprehended or not apprehended, it (tlte 'eric'-fine) is w be 
paid by his tribe, as they divide his property; and he (when aplffe- 
hended) shaH pay a 'cumhal' in restitution, and as much as a 
son or a father, of the six 'cumhals' of 'dire'-fine. 
As to every crime of non-necessity which a man commits, as well 
homicide as other crimes, he himself is to be given up for it with his 
cattle and his land. 
If the payment be not in him' (in !tis power), or if he has not 
}Jeen apprehended, it is to be paid by his son until his cattle and 
his land be speut on it. Unless the payment be in him (in ltis 
power), it is to be paid by his father in the same manner. 
If the payment be not in him (in his power) either, it is to be 
paid by each nearest family to him until all they have is spent, or 
full payment of the crime is made up among them. 
The reason that each nearest family to him pays is, hecause tIle 
crime is one of non-necessity, and altlwugll tIle crime is one of 
non-necessity, their land slmll go (be lictble) for it before they 
themselves shall go (be liable) for it, hecause it was not they (the 
1w<trestfamilies) that cummitted the crime. 



"* 


? '1/t
 e [8JY): 
 
.I. 0 
 
 
 M it cwiJæfl.u. Ûl1Wv olu
. 1- 
't JÃfM
 
 
 7..(tJiv, VI/_ 
 
 
 


iO 8el1chuf mÚll'. 


Ct."T()
I- 1-11 'C1nEU1'C ftwdle fOt" eaEtm}'. 
ART LAW. 


.1. m mac esmt1'1 må e mal1hcap. ann, a COI1'-P'011le Ulllla'OUlf 
Imop.p.U '01a pne .1. n1 bell-ul'C ftan:;he 111 '00 neoch t:OtlmUI
 
rom. 


ó COlt m1C 'Vo C1tt 11' 'V1bu1' 'Von eaEtm)'. 


.1. 10i; nem1Uch ocuf feë'C cumuta COlrp'01t1e ucuf rt'ë'C 
cumuta fmo:ê'!:;a '00 eastmf uarmt; tos nem1Uch oruf 1'eë'C 
cumuta COlt1p'0111e ocuf tet reë'C cumuta fm((ê'!:;a '00 ecrst ulf 
tet'blp.e, ocur If 0 cmcn amach Inn 1'1n. COll '00 Cltt, tame- 
10 mectunn 'Oon e(('stulf '01a CUP.t:"hull', ocur t((n cO'1tp'Oltle fU'1ltle 
co ceann reë'Cßlume; feë'C cumuta '00 e(Q;tmf u((fmt, ocu1' tCT 
feët cumut '00 eastmf lf1t (( fmaë'C 'Ola mbe cåm, no '01Q qlolfce 
eEtU1f 1m cåm; ocuf cumut '01a ecq;tU1f fem ma U((rat, ocur 
cumut elte '01a P.! ap. (( ëup. 1'eochu, ocuf q1.1an tOÈ eln1Uch '01(( 
,.>eastmf rem U'C ((It! 'Olcun'C; tos n((h::p.uma 'Oono oCUf em1U- 
ctunn oCUf a LIft t((11' 'Om 'Oon ea;stul1' 'Ola CUP.dlUft muna 
fU((ftUIC'Cep. '01. 


ma a neastU11' anunn t-'O cep.'Cut1. cuna mat1b md cm Pl'. If 
tam emectunn OCU1' tan 1'maë'C 'Oon eashllf; ma'O 1 f((1te, tet 
1c fmuét ocnf Lee; emectunn. 1ì1((r 11'1 nacha mbHrrha'O, Wtt Pf, 
coma'O C01tlp'Olp.e no e1TlecUmn tlO UIUOO:::U1lJe. 


*' 


t1mnEe fOt1.Cear:U1t 'Veo'Va. 
.1. '010: tOI11c'Cep. '01Q eaEtulf fem 'Ow t-'0111.Celrrut, ocuf Im:he 
laP. n'01Q mn'Ce, ocu1' n1 smu, If 'Oltuf umte '01 eastmf nm::nmt 
zs-co 11.0 Ica eastulf bunul'O tos a teli;1fin; oCUf belp.I'Ó (( CUI'C t111e 
o fine; OCUf smLl'O ap'Õame oc m eastUlf cUf (( LIS, If m CU1ce'O 
if tUE. ----- -- 


1 The removin,?,-Removing a young man 80 as to prevent hi8 being ordained 
after the church had obtained him fairly, and educated him" holly or in part. 



SEXCIlt:
 )IOR. ï1 


;)Ú 
 i'" L
 ?) (}711 
ChieftaiuR !S hall "of. p,O ille at--a in :;t" the church. CrSTO'" 
ð ARY LA". 


That is, if it be a student for the ministry that is killed, his 
bod)-fine according to 'un-adhus'-law is to be paid to his tribe 
i.e. lay chief." ..hall not obt:1.Ìn am,tbinl! of what the' cain'-htw 
adds to rIte bodyjiw-, 
The rellloyinO" I of a HOB from a 'cill 'Achurch incurs 
o 
forfeiture to the church. 


That is, hunor-price :md seven 'cumhab' of bod) -tine and be' en 
. cmnhals' of 'smacht'-fine are dIU' to a noble church; honOr-l1rice 
and seven 'cnruhals' uf body-tine amI half se"en 'cumhals' of 
'smacht'-tine to a clnu'ch eutitlpd to half' dire'.tille, and it is from 
tive dags out these W't; to Út; }laid. As tu taling a'
ay a SUIl frum 
a 'cill '-church, full hunor-price is due to the church from "\\hich he 
is taken, aud full body-tine i!5 due to her to the end of a "\\ cck ; 
seveu 'cumhals' to a uoble church, find half seven 'cumhals' tQ 
an humble church for 'smacht'-fine if there be 'cain'-law, or if 
a church fast in order to get
 'cain '-law; and a 'cumhal' to his 
own duu'ch if it be noble, aud another' cumhal' to hlli king for 
the removal of him without him (ltÏsl.l,owhdge), amI one third of 
honor-price to his own church as othel"!! say; the price nf hi!! 
fosterage also and honor-price and his laud mnrem 1'1" along with 
himself w.e due to the church from \\hich he is taken unle:;::. he 
is ransomed from her, 
If he is spnt into a church at a dibtauce amI dies there ,\ ithout 
kuowledge of Ids dearlt, full houor-price and fnIl 'smacht '-fine are 
due to the church; if lie is snd into a greeu, half' smacbt'-fine and 
half honor-price are due. If it was it (the clwrclt) that did not feed 
him, after kno\\ledge of 'lis It,tO/gel., it will be body-fine or honol.- 
price or full fines 3ml costs. tlwt lc"{l úe dlte. 
The ounce for eli, ine instruction. 


That is, if he (rhe sun tu be eel IIcated for tlte ministry) has l>ecn 
offered to his o\\n church fOl' instmction, and for being in the 
service of Goù. tllerem, anù she did not recei,e /tim, ami lie 
tlten is educated in anotlurr clwrclt, he is fOlfeit{)d Ly her (ltis Ulelt 
clturch) to the cburch that hm; eilucatell bim until bis original 
church pay the price of his education; :nul if slle does not. he 
hhall obtain his sbare of the land from the tribe; amI he takes 
the abbacy at the churcb to which he comes, ill the fifth place. 


aIr. 011.. 


· Ir for. 


· Jr. fOri'" 
li,""f!!. 


. Ir. after 
God. 



I/Ð'
 lZ.XIJf-l/'Z') 


. r r, IJ ç'fLt 
I, 


)l1P
Cn

 
'" ! I>lJ,^, O'fJ j"5' If 


72 


8enc1ll1r 1TIó1l' 


CGSTO)I- 
ARY LAW 


mU11a t:01t15e a at:hmtl 'DW ea"St1J1r re1n, 11' 1n t:mhmtllCuf 
t05 a te"Sl1m. muna bcrretlWtl n'DW If 1n eaEtul1\ II' 'Da qlmn 
11a pach ICUr 1n t:mhmtl, ocur t:p.1an ICUr eustulf, atl arreö 
'D15bar mtle 'DO man<<ch nmer-Ëe 'Detbltle. 


oS' nl({"O wt1dltt1ut;h) be1tUl1f a anmcaJla 1:'((11t. 


.1. ma1> 111 beltllUr a a11mcatla Wtl 'Dut 1n mLIt:tle wtl pl1"SmL 
nO'Du1net:wËe. ma Wt"!. commtlte"Sa'D 'Dm ea5L1J1r -re1n t:er 111 
mL1t:tl e , cm -rUSburo ceannaróe C1n co ra5oa, 11' 'DIL1t1r 'Don 
ea"StUlr cur a t:é'G, CI'D motl r(("Sour O1cte. munub a commple- 
'D öa'D Imutltlo 'Don L1, 11' a ceannwte 'D1a ea5tl11r bUnUI1>, 'Dm mbe 
05 a . 


euctl11r pne etttU1I1U. 


.1. pne etlLoma 5ebur 1n e((5L1J1r cem bel' 'Damna apm1> 'DO 
pne etlLuma; cm co tlolbe aê'G rwtmceat:tUI'D 'DIU, If W'G beltl1t1r 
r.111 ap'Dmne. 


Cach umt1. na bl1>, 11' a t:aOUltlt: 'Dpne "Stun, no co tlolb 'Damna 
apm1> 'Dpne ep.tuma; OCur 0 bwr, If a t:((bultl.'G 'DO nwra 1-'et l tl. é 
tna 111 t:ab tl.O 5((0 hI 'Dpne "Stun. nluna rep,t1., 11' 1((tl1'na tl e . 


mUna 'GamIc 'Damna apm1> 'Dpne etl.t01;m, na "Sfl1am, 
1l 

ap'Dame 'DO t:abUlflt: 'Dpne manuch,o(no co flOltí 'Damna apari> 
'Dpne etltoriJa, no Etl.lam; ocur 0 bmr. 1115e ma reflfl. 


1 Abbac,y.-'Vhen the 'pne cfttuma,' i.e. the tribe of the patron 
aint iH not 
qualifierl, the · pne ETlmn,' i.e. the triLe of the original grantor of the land, may 
&\!l'l'ly an abhot. 



SE:XCHt:S Mon. 


73 


If his father does not offer him to his own church, it is the 
father that shall pay the expense of his education. If they be not in 
the service of God a in the church, the father shall pay two-thirds 
of the debts, and the church shall pay one-third, for this condition 
is what lessens in her case the fine for the 'manach' -person whose ? 7 
case Í9 one of necessary desertion. 


Ct:STO"- 
ARY LAW. 


a Ir.aft(r 
God. 


Hit be pilgrimage that his soul's friend has enjoined 
upon him. 


If Lis soul's friend has enjoined upon him to go on a pilgrimage 
after Ilis lw.ving committed the murder of a tribeman or murder 
v. ith concealment of the body. If it be after S0R8YIting his own /lt1
 
 
church that he has gone on a pilgrimage. whether he has left 
'ceannaithe'-goods or not, whatever he leaves to the church to 
which he goes, be it ever so much, is due to it. If, however, he 
ha.s not consulted with it (hi.s own churclt), his 'ceannaithe' -goods, 
if he h88 any, are due to his original church. 


The church of the tribe of the patron saint. 


That is, the tribe of the patron saint shall succeed to a the church . Ir gft 
88 long 88 there shall be a person fit to be an abbot of the said 
tribe of the patron saint; even though there should be but a psalm- 
Binger of them, it is he"' that v.ill obtain the abbacy. 1 aIr. tM!!. 
Whenever there is not one of tlwt tribe fit to be an abbot, it 
(the abbacy) is to be given to the tribe to whom the land belongs, 
until a person fit to be an abbot, of the tribe of the patron 
saint, shall be qualified; and whe
 he is, it (the abbacy) is to he 
given to him, if he be better than the abbot of the tribe to whom 
the land belongs, and who has taken it. If he (the former) is not 
better, it is only in hiB turn he sh(dl succeed. 
If a person fit to be an abbot has not come of the tribe of the 
patron saint, or of the tribe to whom the land belongs, the abbacy 
Í9 to be given to one of the' fine-manach'-claæ until a person fit 
to be an abbot, of the tribe of the patron saint, or of the tribe to 
whom the land belongs, should be qualified; and v. hen there is sllch 
a person, the abbacy is to be given to him i

bette.r. 
--/. .tþk 4
..'t- [14- oW] 



74 


8enchur mOll. 


Cl'fo.TOi\!- 
AI<'r LAW. 


mUnu 'La1111C 'Dunma apari> 'Drme 611,1 uma, no E111a111. no 
manuch, romOI'L 'DO Eabmt 11' 111 ce'Lh11U11JaTI tuc; 'Datra 'Da 
Eabmt If 111 CUICeTI tUE; compml',èe 'DU Enbmt 1pn relfeTI tuc ; 
ceatt comrO'sU11' 'Da Eabmt 1f m reèma'D tUE' 


s-m U11a 'LmnlE 'Dam11U apWTI111 1mI'D 'DO 11a feè'L 111nU'DUlb pn, 
'DeOflUITI 'De 7Jå 5abm11f 111 feènl1a'D tU5. muna 'Da11l1C'Da11111(( 
upmTI 'D}'1ne e111u1I1a, 1Ja E111((111, na malluch a11 ((mech'L, O'cuf 
mme a5 a1111O'1L, 110 u5 'Dah:a. 110 a5 cO'mpmp,ëe, 110 u C1tt 
COtll FUSUI f, 110 a5 'neO'flUITI 'Dé, If a 'LabUlfl'L 'Dr me 611tuma. 
ID \tUlfl 11'1 a11 11e1111n1 bet 'Du1II11a ((PUI'D 'DIOf1115 e . 1n apa'h ú.t..., - 
lIaTI1I1b. 


ectmr pne 511111 ocur ecq:;tt11r pne f'lltumo. ocur 
ETl1fl 1mate. 


.1. p11e 511.1a111 EU1b1Uf 111 eaEtulf .1. ((em }'1ne }'111P q1blll1n 
,s-oCUf 5fl1a111 111 f111, O'cuf afl a rea11Utl11 re111 m::a 111 'Lt't1111tn ((1111 : 


e1l1ulII, 51l111, TIIulll1ch 111111, 
ßa5tu1r 'Dutra cO' 1151a11 b1 11 t;, 
COIlI1JU111Che oeu1' 'DeO'fluI'D 'Dt\ 
U((TIaIH Sabu11 apTIa111e. 
"'_ Cadl ae11 'D1b 1'111 5abuf ap'Dame, cm111odH! pne efl1 U111f(, ocur 


1 . Annoit'-church B1wU aBs",,,e it, i.e. the mother of this church, i.e. the church 
in which its patron saint had been e(lucated, ßhall then appoint an aLLot of its 0\\ n 
clergy. . Bennchor' \\ as the mother of a great number of churches; and so "'a8 
. Clonanl." Dr. O'Donovan suggests 'con parocllla,' as a derivation for 'com- 
pairche,' and sa) ß it meaut any church under the n:une and tutelage of the original 
ßaint. i.e. the founner of the original church. 
" Tribe.--In thb case the patron saint had Luilt his church on hiß own land, aud 
endowed it with hi. own land, anll therefore the tribe of the patron saint, and the 
tribe of the original {,'Tantor of the lallli were one and the same. 
a Eve>.y one '!ftheBe.-In O'V. 5:>4,555, &c., the foIlo\\iug account of the suc- 
cession to the aLbae
 is gh en :- 'Vhen there is not a person tit to Le an aLLot of 
the tribe of thc patron saint (OI'iyinalfounde>') one is then sought from the tribe of 
the original !,'Tantor of the land, wIlD is to s,oeceed nutil 'uch time .is there should hc 
one of the tribe of the patron saint; Lut the man in po\\er (ruling abbot), ,vhll 
happens to be there, bei"g of the tribe to ",110m the land belongs, cannot be remo> ed 
unle.' he ha. heen expelled for hiB u>ickedne3B, or has been fl"qualified b) his e> il 



SEXClICS l>lOR. 


tf GHIf 


If a person fit to be an abbot has not come of the tribe of the 
patl'un saint, or of the tribe of the grantor of the land, or of the 
'manach '-class, the' annoit '-church 1 shall receive it, in the fourth 
})lace; a 'dalta '-church shall receive it in the fifth place; a 'com- 
pairche '-church shall obtain it in the sixth place; a neighbouring 
, cill'-church shall obtain it in the seventh place. 
If a persoll fit to be an ah10t has not come in any of these 
seven })laces, a pilgrim may assume it in the eight h place. If a 
person fit to be an abbot has not arisen of the tribe of the patron 
saint, or of the tribe w whom the land belongs, or of the' manacIl '- 
class together, while the wealth of tlte abbacy is with an 'annoit '- 
church, or a 'dalta' -church, or a 'compairche' -church, or a neigh- 
bom.ing 'cill'-church, or a pilgrim, it (the 'wenltlt) must be given 
to the tribe of the patron saint; for one of them fit to be an abbot 
goes tlten for nothing. The ahbacy slwll be taken from them. 
H7wn it is a churchofthe tribe to whom the land be- 
longs, and a church ofthe tribe of the patron saint and 
of the tribe towholll the land belongs at the same time. 
That is, the tribe to "horn the land belongs succeeds to the 
church, i.e. the tribe of the patron saint and tlte tribe to whom the 
land belongs are one wul tlte same tribe' in this case, and the 
patron saint is on his own land. 
The patron saint, the land, mild monk, 
The 'alllwit '-CkllI"CIt, the 'dalta '-church of fine vigour, 
The' coml'airche '-church an<<] the pilgrim, 
By them is the abbacy 8!>sumed (in their relatiæ m.der). 
Everyone of these" who assume the a11acy, except the tribe of 
fiJ 


- 
dee<1s, or the per_on (tlie new aspil"ant) l'î*'fl whom 
 is worthier, for a junk.r 
often takes it from a senior. .. Qualification is older than age." It is open to 
the tribe of the patron saint until the
 forfeit their prh ilege by wglect dUI"i,,!! 
tM time of prescriptiun.. \\'hen a person tit to be an abbot is not to be fuuml 
of the tribe of the patron s'lint or of the tribe to "Whom the land belongs, before 
their pri\ ilege is lost b)' vrescription, then one is to be songht in the _' manach'- 
class; if there be of them one who is fit, he shall be ill-tal1e<l nlltil such time as there 
shall be one of the tribe of the patron saint, or of the tribe to whom the land 
belongs; but the abbot who happellb to be there 8ha1lnot be remo, cd unless the 
person 
 whom i
i.e, the next aspi,'ant) is wurthier; if he is not worthier 
he shall succee(l only j"J hi.;:.....J:.Jlrll Trnn.ratlt 'UlÙ
 J5jilUI1'Õ1 are uuqualifi d, 
and e\ ery one is estimate(\ according to Ills dignity, the dignity is according to his 
grade, the grade of each according to hi. service, the sen ice of each according to 


. C. 834, add5-" The . fine erlama' forfeit their prerogath-e if thc
- remain tuo 
long without 5eeking their right, i.eo if it extends to prescription." 


í5 


Cl:'hTOM- 
ARY LAW. 


'"I 



 


cf Æ ,ft1- W: 7ï f' l!f6 


(I'
' & AUt wJ; m.:" k 
"f r

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'ïG 


8enchur mÚl1.. 


CUSTOM- EP.W11l, ocuf manuch, 1f a T1'Ð1ba'D u1te 'DFa5bwt tatt; no, coma 
ART LAW. comp.u11ln cér; mQnu1;5 ap. Eaë Plt 'D1Ö. 



/ 
./
:1V 


i,
 
( 4t Á2.-s-<} 


!., .pf-<
' I t 
"-
. '1\.Ñ 

 t;to- 
ø 
"*, ('
 .v. 

 


Ceatt comca"DtU1E commm
h. 
.1. comcam t05 1m ceann cltte .1. ceatt bef cuma a cltt fcm 
oS' 'D01bf1m a n5eatt FftI Eaë n111'DtI5e'D t:ef fUIP.lte co n'Deoch fOP. 
a fet:ëe. 1n 'DeoltUrÒ 'De Imop.p.u a 'Dlba'D fl'Òe U1te 'Don e<Ii) tul f. 
ocuf nocha te
up. 1 ceann c1tte é no co ll'Ðeachw'Ò 1f 111 oÖ:::ma'Ò 
tU5, ocuf co f<Ii)ba'Ö Cltl, bUf commwt:h lte ceann clUe tatt, ocuf 
lte manculo amul;5, ú1Vaemuf 111 cur;ltUma 11l'DtlEe 'DO E6m:::up. 
rc p.ef1n C1U. t:att Ima cUt:p.uma 'D11l'DtI5e'D 'DO 'Denum p.w bU'De11l 
amU1ch; ocuf 'DW P.010 111 'Deop.ul'Ò 'De 1 FO'Dp.lme tatt af m 
e<Ii)tulf, at:a1t: t:P.1 cumata 'Dec all. PChlt: ua'Òa, Ua1P. nocha nFU1t 
pach FO'Dlume 0 'Dume In ul'tl'tU'DUf aët: 0 'DeOtìul'Ò 'Dé. 110 cuma'Ó 
a t:eër;u

'D na 1Iecq;U1tf1 "oó1b f1n ua'Da; ocuf t:1lt Ean CUlln 5an 
,.colone e ecq; tul f: ocuf:- t05 t:P.1 cumut 'Dec ap. PChlt: 'Dalll11il 
p.uE tef 'Da t:edlt:uEa'D; ocuf a 'Dltf1 fm ua'Öa. 


Co rech
 cumata c((ch(( m1r co qu m1rmb. 
.1. qu cumuta 'DeC ap. pchet: t:15 'D10 f111, ocuf p.eomumn 0 
'Deop.U1'Ò 'Dé; ocuf fmaët: fO'Dlìl1Ïle fm, ocuf nocha nFU1t f1l1aët: 

fo'Dp.t1Ïle 111 ulW.U'DUf aët: ma f11l, ocuf tf é fl11 fmaët: f O 'Dp.t1ile 
1f mo"tf 111 bep.ta
 Sedlt: cumuta nama tf e a t:)'tocap., a et:p. oca l t 
1mutìlìO CUtC cU111uta ocuf cettp..t feët: cumuta. 


Ce((tt mfL mbuf1u"D EfL m1tl . 


.1. cett wp.um 5atiutt: pne 5lì11l ; ocuf bp.wtult qttuma at:a lte 
dee
 
s. And no blind man shall be a chief, i.e. no chieftainship (leadershg,) 
 
of the way .hall be given to the blind man, or the ignorant man, and no lame mnn 
 f:. L Ð 
 , 
- - _ r 
'r ......n' 

ð. ,
itl"," Qh!111 hp .Ju
"",h'''
911 "l

 th
 blll...Q... ]nan, te..JD election N.l f\j"h 
for arms. 
 exhausted person shall be advanced, I.e. the person who haa no snb- ')j 
stance or juice of strength in him, i.e. Or who is without wcalth. 
I Fine fo>' tre.<paI'8, 't:'lUch f01)fUme.'-In C. 552, '}'odraim,' or tre
pa"5) is 
dcfined to be 'breaking of stakes Or fences, and injuring of the' roidh '-plant and 
,.nione, and dirtJing the streets and eatt8eways'j Dnd it is observed moreover: 



SEXClICS MOR. 


the patron saint, and the tribe to which the land belongs, and the 
'manach'-class, shall leave all his legacy within to tlle church; or, 
according to otlters, it is the share of the first' manach '-person that 
is due of each man of them. 


77 


Cmrl'O:\t- 
ART LAW. 


A 'cill'-church equally IHll'O a nd good. 
That is, t 
 pay villue for the headship of a ' cill '-church, i.e. a 4- 
 vI.tJW 1'/11 1.- 
'cill '-church equal to their ow:n is given to them in pledge fer
- 
e" ery illegality which "J;'
"
l;,fït.t,p.d agaiBst it u.ntiLit (tke--' cill-'- .vdt e 
cltll
 true heir. Now the pilgrim's bequest is all due 
to the church, and he is not permitted to become the head of a 
'cill '-church unless that he comes in the eighth place, and that he 
leaves a 'cill '-church as good as the head of a 'cill '-church within, 
alllI as the' manach '-class outside, for he consents to balaru:e the 
amount of illegality which is committed against the' cill '-church 
within, against the amount of illegality which is committed by 
herself out3Ïde; and if the pilgrim were guilty of trespa.'ls in the 
church l.vithin, a fine of thirty-three' cumhals' is due of him, for 
there is no fine for trespass' imposed upon anyone except the pilgrim 
in 'urrudhas '-law. Or, according to others, these are due ofhim for 
taking lawful possession of the church; and the church Batlland 
without amity or covenant of alliance, and he brought with him 
the value of thirty-three' cumhals' to' take lav.-ful possession of 
it; and these are forfeited by him.' 
'Vithseven' cumhals' every month for three months. 
That is, thirty-three' cumhals' come of them, and tltose before 
'lI1Æntioned from the pilgrim; and this is a fine for trespass, an<l 
there is no fine for trespass in 'urradhus '-law except this, anù this 
is the greatest fine for trespass in the 'Berla' -la/vs. The leniency 
of it (the law) is seven' cumhals,' but the severity is five' cumhals' 
and four times seven 'cumhals.' . 


A 'cill '-church for the original tribe to whom the 
land belongs. 
That is, a' cill '-church which the tribe to whom the land belongs 
e3Xl!lftÏvely take possession of; and they (the tribe to wlW1n the land 


U Thirty-three' cumhals' is the largest fine for trespass meutioned in the law, i.e. 
!!even is the largest fine for tresp88S in · cain '-law, and one' cumhal' is the smallest. 
Or if there should be · smacht '-fine for trespR8S in · urradhus '-law, it should be 
according to the nature of the 'cumhal.''' 
S By "im.-Hc must leave them to the next abbot. 


/A/M 
fi) Iv 


tf>I-
f 


J 



7R 


Setlchur móp,. 


C."ST03I- 5abmt 'DOlb 'Df1ne 5lun; no 11' a lW'D1W"Ò 'DO chum"Ò 'DOlb hi 
AU" L.
w. . 
- cem bel' 'Damna apam 'Dlb; 11' a 5ubmt 'Don pne ar nerom 'Dolb 
meoch "Oa'DU 'Damna apm"Ò .1. comat> f1ne eptuma; OCUr{;p.ebUIP.e 
n!11. cenn pne el1.tuma, cuch ual11. btar "Oamna apm"Ò 'DO fme 
.>51 u n, 1m a hmJ'15 "0010. 


Ucht; tla'O rUI rop, cuLu'õ cu ra TIeOfS tua tl'Oeoflul'O 
'De. 


Ii J'b ,p,5? 


.1. aé{;w5111l no {;a aë{; tmm ann co na hlmpaL'tlp. hí fOP. 
cutu"O 'Df1ne el1.tuma cen q1.ebulp.e no co n'Dech fa 'De015 r e 
'D l1'Deop.ul"Ò 'De; uml1. 11' t::wrce r.05ur 111 ap'Oame 'Df1ne ell hl1lJa 
Cf'n q1.ebUlfte 111a 'DO 'Deop.ulb 'De fOP. t::l1ebull1.e; OCur 11' LfUr Ce 
l1.05 u r "00 na p1l1b e1te hí fOP. qtebUI11e Ila 'Df1ne er.tut1l(( cen 
fltebUlp.e; ocur {;wrc e l w 5 u r 'Df1ne eptoma fOl1. q1.ebullte 1I1nr 
'DO na f1nlb elte fOP. rr.ebU1pR. 


/() CeLt matlt1ch. 
.1. cett manach 5abult:: f1ne manoch, ocur 11' ta manchll 
ap'Oame 'DO 5lter ce111 bel' 'Danma apari> "Olb; ocur 5aë ump. till 
bm, 11' amult ronWrCIt:: pne 5lt1a111 lwmUl1m a f1ne el1.toma a 
fonw'Dm 'Df1ne ETua111 F011. annOIT. 


.j.,'(j 311.'
 
0.0. ':;:;-1. 


u nl CUIP.It:hup, CUa1tt'O rOtt EabLu [}:'ttle man rab- 
flal'D 'Ow '00 neoé 7)lb 111 t:ra11111a'Oach, aét; 11' WJt r eaba 
'00 Eoat:ha1p. OCUf 'DO Ea1flreJl.J 


.1. 110CO cUlll,n,p. cae Ull1.'D 111 cllanncull1. fOl1. m f1ne 5abtulrhup. 
o bmf a'Dbult 11' felLl1. 111a celte ann, .1. 'Deme ap. na cUIp.rep. 1Yl 
ïS'cUW1LL', ma ta haon Eabllp., no muna be 'Damna napwt> cm 
COIt::C11l11 'Dolb, "Oe15e 'Dana alLU cUllL{;ep.. C01L'Ce1l11Uf ocur 
com<rn bu l L . 


1 Á 'c.lf-chUl'ch of mankø.-The 'manach,' or monk, so often mentioned in 
these laws, seems to have been a tenaut of church land. 
I UnIes
 God has git'en it.-C. 835. read. "manf! t:cnbjw 'Ow .1. t:J
e ëOCJ
an. 
unless God has given it, that is, by lot." 




 


.t; 
 c 

q.f "D JJl:' J 



:-:EXCHl"S )IOR. 


79 



l'lUJI!Js) have the worù of the patron saint for taking it (tlw 'eill'- 
chu'rell) ; or it carne to them by prescription as long as there shall 
be of them a J!erson fit to be an abbot, and wlum there is not, it 
(the abbacy) is to be aSf,umeù by the tribe that is next to them, 
which has a person fit to be an abbot, i.e. the tribe of a patron 
saint; anù on the part of the tribe of the patron saint security is 
given that whenever there shall be a person fit to be an abbot.ofthe 
tribe to which the land belongs. they will restore it (the abhacy) to 
thpm. 
But in case of the t,.ibe of the prtt 1'0 n ...aÙd not gieing 
SPl:lll'ity it does not return back until it comes finally 
to the pilgrim. 
That is, I stipulate or I make a condition here that it shall not 
return back to the tribe of the patron saint ",itllOut security until 
it goes finally to the pilgrim; for the aùùacy shall sooner pass to 
the tribe of the p,1tron saint" ithout security than to the pilgrim 
with security; amI it shall sooner pass to the other tribps upon theh. 
yit-ing security than to the tribe of the patron saint without secu- 
rity; but it shall f,OOller pass to the trihe of the patron saint on 
their giving security, than to the other trihps on fllf'il. [firill!/ spcurity. 
A ' cill '-church of monks.\ 


CJ:STU'I- 
ARY LA". 


That is, a 'cill' -church of monks which a tribe of monks hold, 
amI the abbacy shall always belong to the monks as long as there 
shall be a person of them fit to be an abbot; and whenever there will 
not be such, the case is similar to that hefore mentioned, i.e. of the 
tribe to whom the land belongs, binding the tribe of the patron 
saint by a guaranty to the tribe to whom the land belongs. upon the 
, annoit'-church. 


7 
. h II d I r '-'./-;A 'lWf 
-'J.. 
The succeS
lOn s a not 
vo ve upon the branches 
." 
of the trihe unless God ha
 given
 it to one of them *IJÞv 
in particular, but he (the candidate) shall he r
 eeted t-J 
 
and 
l according to his dignity. 
 fJr 

 
That is, the order of the succession by lot shall not devolve upon 
the branching tribes whpn there is a person better than the others, 
i.e. there are two rea<;ons why the succession does not devolve upon 
the branches, if it be assumed by one, or unless there be a person fit to 
be an abbot in common among them, there are two reasons" hy it (the 
lof) is ca<;t-f'OmlllOllllps:<,l cTai/ll a11<1 equality of per;,ullI'I fit for thl' 
otlicP. . 


k Jr. eQ1wl 
11l 1 1Ieritr[. 


þ
J 



[The last book of the' Senchus :;\16r' as preserveà ill H. 3, 17, 
enùs here, at col. 254, after which three cols. of the MS. are left 
blank, on which it was apparently intended to transcribe the 
remainder of the work. This part of the 'Senclms 1\Iór' is perhaps 
irrecoverably lost. From a brief Gloss most probably belonging to 
this lost portion of it, and preserved in H. 3, 18, p. 382 (C. 83!í), 
it would appear that it treated of fines for stealing or taking by 
force any kind of property from a church or its termon lands.] 



btvù;t k M.t- 
 ... 
 .M," df #ok 
 9' Hs. f#-1 t.- 

 
 fI.J.- 
 1-0 HtM 
 L'f f lViIi 
,) 
 
 

 
k4v
 vrJv
 HWa<> /.ik


'1.1f 
 
,
:
2-p,Z6/
'1J'''tVl1I
 


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du

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LebaR a1cLe. 


THE BOOK OF AICILL. 
NJ
. 
If. f.3.f" LlLrn) p.2-Itit- -
Ð .(,.[O'Q ",,,o-Ju') 
 I. !!!. rt,:t Ilf 
ß H, 3. 1 1', p. 399 - LI,1- (c G1J-'fr4) 
 J" 1!! 2H' 13 .,
 'i"q r 
,t1l C fl. ,S-.5" r-74, -11,.(,. L: "'9 - 1710) 
'l 
 ïJI J'f 2 - S-4Ð, p.1.74.- 30 He '7211 -"'(0)= 1f r 
") 1t"?o -þl 
 "4,. ,çv.(,. [o'/; 1'1(,4- - .1.01'1) 2-þ
c; = ("f-f'>"t) 1JI !>
2. -Ijo,+ ) If(2, - 47'. 

 
.qJ.'I-sr3'\ ftrl24.Z.
-(C./7I(r"2-'i, ,qzt
''1lJO) = 1Tf 1<;8'-:('lI IIh-/{( 
t.- 
" fff í. 0 c., .2,117- _b' 3) "1r-r. ",J.; cJ 1 "itJ ('
 .( \ 
.f. 
.w.. .. - L{ r .....1'1.'" I 


VOL. III. 


o 



'ft 

A 
",t- (;L 3 Iz,.) 
 
 
f: ffMOI 
 A. 1, 
 
 Iv fLtfMI..I) 
'"" IW '" W. 
 "'!MIv :fw 
 At w sIwt 
 Ir 
 


tebaR a1cte. 


A,13. 
THF.o
OOK toc 'OOfl t1t1bup. fO alCltt ap. a1ce 'C ema1 lt, oCUf 
AICILL. wmrel t '00 ((1mf1p. COlftpP,1 tIFecha1p., fll1C COl1,m((1 c, 
C
3. OCt1r pepr a '00 Cop.mac [bu'Oe111], oCUf t::ucan:; a 'Oéflma 
C.8!J3. caecha'O [futa] Cop.m((1c '00 aeflEuf 'b abu ((1'Oech, 1aP. 
sf1-1m;ach 1flE1fle 8olla11t, mlC ap.t:: Cmltp, '00 Cettach, 
. J.'P:
 fr/1-.J.<Jv ) R- 
)<. mac Cop.m((1c. CC11u echt::a Ifl t::aenSt1rbabu((1'Oecll, 
ac '01E((1t Elte1f1 ce1l1mt a t::t1C{l:h((1b tUIEfle, oCUf '00 
èU((1'O a t::eë mná afl'O oCUf a
lb t01m ap. e1C1fl an'O; 
oCUf P.O ba cholta 'O((1t::, ap. 111 befl, 111Eefl '00 bl1.ro:: ha l t 
1.'00 'OíE((1t ap. Cettach mac COltnla1C fla mo b1a'Ofa al t 
e1C1t1 '00 catde((m; ocuf flt flulmeflfl tebult otc '00 
'Oeflam l U f 1fl mfl({1; acht:: 7)0 ëua1'O l1.elme '00 111'0- 
f((1EI'O fla 'Cemltaë OCt1r 1Gl1. Ftl111e'Ò flEl te1fle 11.0 f1acht:: 
co 'Cem1twE. Ocuf Eelf '00 'CemltwE ((11 tn1 tatch '00 
'óbp.elt::h 111l)t::e lap. ftl1fle'O flEp.e111e, aët:: fla h((1flm '00 
c. 8
13. ecm((1df 1fl'Ot::e [bu'Oe111]. Ocuf p.o Eab aenp1f Ifl 
cp.lmatt COl1,m((1c anuar 'Oa heatëa1flE, ocuf t::uc 
bmtte '01 a Cettaë mac COf1.m((1c, cOlt map.bufLap. 
he; cOlt ben a heoch((1p. 'Oap. fU1t Cop.m((1c co p.o 


1 Aidll. The old name of the hill of SkrQen near Tara in the county of Meatl1. 
g Te7llhai)'. 1\ow the hill of Tara in Meath, for the history of which see Petrie'l 
Antiquitüs of Tm'a Bill, Tl"U7ISactions of the Royal ["ish Academy, '.01. 18. 
B Coi''P,.e Lifechai,'. He was the son of King Cormac anll his successor on the 
throne of Ireland. 
4 .tengu. Gabhuaidech. He is sometimes callell Aengus Gai-lluaifech, as in C. 
8!J3, i.e. of the poisollcd spear, 



10 THE BOOK OF AICILL. 


lNTRODCCTION. !If r

'? ct' 8'f,
r 
T HE place of this book is Aicill,' close to Tem- TIlE Bo01( 
hair, i and its time is the time of Coirpri 3 AI

Lt_ 
Lifechair son of Cormac, and its author is Cormac, 
and the cause of its having been composed was the 
blinding of the eye of Cormac by Aengus Gabhuai- 
dech/ after the abduction of the daughter of Sorar, 
son of Art,,{t.{qorJ, J
y

lach son of Cormac. Thi!'! 
Aengus Gab
aia-éèh. was a champion 5 who was Ccu f 31'1, 
. L' . 1 $';I-<-d
. h .. f 
avengmg a laml y quarrel m t e terrItones 0 
Luighne,6 and he went into a woman's house there 
and drank milk in it by force; and the woman said 
"it were better for thee to avenge the daughter 
of thy kinsman upon Cellach son of Cormac than 
to consume my food by force;" and no book men- 
tions that he did allY fU1"thel. injury to the woman; 
but he went forward towards Temhair and reached 
Temhair after sunset. And it was a prohibited 
thing at Ternhair to bring a hero's arms into it after 
sunset; so no w'ms could bè there eÀcept the arm!;, 
which happened to be within itself. And Aengus 
took the ornamented spear of Cormac down from 
its l"ack, and gave Cellach son of Cormac a blow of 
it, and killed him; and its edge grazed one of Cor- . 
I
 fA/>" 
· Champim. Tlús daøs of champions formed one of the seven grades of a terri- 
!h-t k-Su:..- Þ rJft 
tory, among whose duties it W&8 to avenge family quarrels and insults. '-(
 S
 
 
· Lt.ighne. This means the territory of Luighne, now Leyny in the county fA-, C""". r Jlf 
of Sligo. 
VOL. III. 0 2 


I I 



84 


lebcqt alcte. 


)Wt' /1M.- e/4J. qul. 
1}.,J..S')S" 


Tn>: BOOK Let eaech hé; OCUf 11.0 ben a huplunn a n"Or U1m 
OF 
AI<'ILL. p,echc<I1re na 'Gemrach aca -cap,ramS a Cettae, co p,o 
marbup:;ap, he. OCUf ba Eelf 11,IE co natf11m "00 bIt a 
'G em r a1 E. OCUf 11.0 cUllte"O Cormac am((e "Oá telE e f co 
.r alCltt ar atCI 'Gem at 11, ; OCUf 11,0 Cltea 'Gemwr a 
" - - .. - -.. 
h-mclLt ocuf f11 fatctea mCltt a 'Gematr. OCUf -cuca"O 
1 u E1 neI1tef1f1 "00 C011tpIU llfechatr mac Cormwc; 
C.89,;. [OCUf Eaë amcef bltelchemnatf -clce"O CU151"O "00 '{' el 5 e "O 
"Oa 1altfati>e"Oa m;hatl1,; conai> e"O a "Oelrei> a m: 11at l t 
'''nt/f, a mlC ara felfett, ocuf na btcn]. 



.,,#'" 5"
D 


OCUf If ann f1n "00 rlEf1e"O 1f1 tebatt fO; ocuf If 
e If CUI-c "00 Cormac an"O, cach bwt m;a bta, OCUf 
a fÏlelc atta felfer; OCur Ifei> If CUIC "00 C1f1"Of aeta i> 
caë f11 0 dw f1n amaë. 
,:f alcltt fm, uch ott"Oo ttl5f1e alcett, 1f15en Ccnttpt u , 
af1n a camei> elre mlC CwttptU, a "Oettbl1,rn:;har; ocur 
"Oelrmltteë-c attt f1n : 



f.Hû 

;f.wW 1 f4J.,Jt 
M,
.1lt(" s',I
 


" 


1n5en Catrprl "00 roëatr 
If "00 fe1"Otelm noël1.OtarE;, 
2-D 1)0 ëumat5 eIre, aeb"Oa 1f1 r a1f1 "O, 
'baet 1 n"015att COf1cuta1f1n. 
110, alcett, ben elrc mlC CwttPlu ba mattb "00 
cumat"O a f1P, an"O att na marbai>"Oo Conatt Cet1.f1ach ; 
oeuf "Oelft11 l tteex atr: 
lS'COn((tt Cep,nach cuc ceann elttC 
Re {;Geb 'Gemraé 1m '{'rat -c el r-c; 


I Cuchulainn. He was one of the heroes of the Craebhrnadh or Red Branch, in 
Ulster, in the first century of the Christian era. This verse is quoted from the 
Diull Senchus of Aichi11. 



TIlE BOOK OF AICILL. 


&5 


mac's eyes and destroyed it;& and in drawing it THE BOOK 
back out of Cellach its handle struck the chief of AI
;"L. 
the king's household of Temhair in the back and air. H
 b
- 
killed him. And it was a prohibited thing that one if': 
:d 
with a blemish should be king at Temhair. And 
Cormac was the1"efore sent out to be cured to Aicill 
close to Temhair; and Temhair could be seen from 
Aicill, but Aicill could not be :seen from Temhair. 
And the sovereignty of Erinn was given to Coirpri 
Lifechair, son of Cormac; and in every difficult case 
of judgment that came to him he used to go to ask 
his father about it; and his father used to say to 
him "My son that thou mayest know," and explain 
to him "the exemptions." 
And it was there (at AicilÎ) this book was composed; 
and Cormac's part of it is ,vherever occur the U'ords 
" exemption," and "my son that thou mayest know;" 
and Cennfaeladh's part is everything from that out. 
This Aicill is derived from, "uch oil," i.e. great 
lamentation, which Aicell, daughter of Coirpre made 
there in lamenting her brother Erc, son of Coirpre; 
as these lines show& :- 
The daughter of Coirpre died, 
And of the fail'- fo
d Feidleim...N. 
 
Through grief for Erc, 
rated iu verse, 
'Vho had been slain in re
enge for Cuchulainn. I 
Or it 'Was Aicell, the wife of Ere, son of Coirpre, who 
died of grief for her husband there after he had been 
killed by Conall Cernach/ as these lines show&:- a Ir.Ap,'oof 
tkereQ[. 
Conall Cernach brought Erc's head 
By the side of Temhair at the third hour ; 


, Tr, A proq/ 
tker
of. 


2 Conull C.rnack. i.e. Conall the Victorious; he was the chief of the warriurs uf 
the Rc(l llranch early in the first ccntur;r. 



86 


Leb((p. mcte. 


C.89!. 


11' t;p,ucfi; m '5n1m 'Do 'Deénl'D 'De, 
b p .1rei> CP.1i>1 U01p. mcte! 
111(( p.o b((í at1.'D((p.c 'Dt1'5e'D ann, 11' 1 e1tt1C atCCl'D 
ann fin; ((cht; m(( p.o bí f((ep.t1.((t;h ((P. 11101'5 b p .6'5 
.f [p.e1me] ammt 'DO be11tt;he(( r((e11.t1.((t;h 'Don te1t OCUf 
'D((e11.p.rn::h 'Don tet O1te, 1m a tet a r((ep. <X1c1ttneët; 
ocuf m tet O1te 1 n'D((e11. O1C1ttne. 


TJllt ROOK 
u.. 
AICILI.... 


111 ((n(( tt01be raet1.T1.((t;h 011.11.(( 1att, 11' 1 e1p.1c atC(('O 
ann pn 0111U1t 'DO b1O'O a f((ett11.((t;h '00 te1t ocuf 
,o'Dnettp.crt 'Don te1t O1te, 1m a tet;h (( r((ep.01c1ttne OCUf 
m tet O1te 1 n'O((ett O1c1ttnecht;. 


C.8aG. 


m((na 110 p.01be ap.'OC!tte 'Otri;ei> ann [1t; 1 tt], 11' ce)tC 
eá1ch añ1U1t a nep.t;. OCur '00 racm;up, rum m rep.ann 
ocur 'DO ëuawt1. bu 'Oer. ba t((t; '"Oétp pmttt; Lae'5 01 1 W , 
Is-no Pml1;C:; L01tt'51 1((t; Ó pn ate. 
a toe oCUf a O1mrer1. 1Op, Cop.mac co n1Ct I'm. 
nlct'O 10tt Cm'Oraet((i> 1n1UP.P.O, toe '00 '"OO1tte Luttám, 
oeuf a1mrep. 'DO O1mret1. '"Oomn01tt, m1C aei>((, m1C 
amm111.eë; ocur pettr a '00 Cm'OFaetai> [mac Ottett((], 
'1<{) CU r t;UC01t; a 'Oenmct a mém'O 'Oep.m01t; 'DO buam a 
em'D Cm'OF((et01i> 1OP. na fcott;ct'O a cat 11101'5 e tum,h. 


C.89:>. 


J lIfagh Breagh. A large plain situate in the east of ancient Meath. 
. The South. They (i,e. eome of the inhabitants of Magh llreagh) went to 
Leinster, but nltimately settled in 1Ilunster, and the king thereof being then at war 
with Icing Cormac afforùed them protection and gave them lands situated between 
Lismore and Credan head, to which they transferred the name of Deisi. The 
barony of Deece, near Tara in Meath, marks their original sitnation. Vide 
Keating'. History of Ireland; and Ogygia, l'art III., cap. 69. 



TIlE HOOK OF AICILI,. 


87 



"- 
frtm. 
Eif,y the deed that happ,encd- Ly it, 
The breaking of Aicell's -proud heart. ul4 
If good law had existed the' eric' -fine that was paid 
for this would have been& asfolloH's; if there had been II' Is. 
'saer' -stock tenancy in l\Iagh Breagh l before this time, 
in such a manner that one half was in 'saer' -stock ten- 
ancy and the other half in' daer '-stock tenancy, the 
half in ' saer' -stock tenancy should have become as 
the half in 'daer'-stock tenancy. 
If 'saer' -stock tenancy did not exist there at all 
the' eric '-fine that was paid in that case should helve 
operated as if one half had been originally in ' saer'- 
stock tenancy and the other half in 'da61.'-stock ten- 
ancy, for one half 
vould 'wee remained in 'saer'- 
stock tenancy and the other half 8hould have beenl 
reduced to 'daer'-stock tenancy. 
If good law did not exist at all, thm it WW5 "the 
right of each is according to his strength." And they. 
left the land and went to the South. 2 They have been 
the Deisi of Port Laeghaire or Port Lairge ever since. 
These are the place and time of it (the book) rsfar M(, fo 
as--rcgar ds Cormac. But as- re;ard s C
mfaeladh, its Me. , ^ 
place is Daire-Iurain,3 and its time was the time of 
Domhna1l 4 iSon of Aedh son of Ainmire; and its 
author- was Cennfaeladh S011 of Oil ell, and the cause a Ir.Person. 
of its being composed was, that part of his brain b b 
r.. ENtin 
was taken out of Cennfaeladh's head after it had been J{,i;.:
'l- 
split in the battle of Magh-rath. 


TnE nOOK 
OF 
.\WH.r.. 


.oJ)," P Ik 
íti? 
"'tllfl 

 
 r
ll i:. 

.cw.rú 
 
 
,. , _. IL ,J., wfv>v JH" t<'t 

, 10 

 A j 
YMwr 


8 Dr,.i,'e-lw'ain. Kow Derryloran in T
 rone. 
. DomknaU- He was monarch of Ireland in 642 A.D" and fonght the battle of 
Magh Rath (Moï,'a) in that year against Con
al Claen, king of Uladh, his foster 
!Ion. Vide the Battle of Magh Rath, edited for the Irish Archæolusical Society hy 
Dr. I "Donovan in 1842. 



:#oct. rw-r-5'
O
 cr().t
 0( 
 
 
 


88 


tebop. a1cte. 


II/VIK p.1N,( THEo
OOK 'Ceop.a bua"Oa 1fi ccæna f1n: ma1"Om ap. Consat 
AICILL. Ctaen 1fiO anF1p. p.e "Oomnatt 1na pp.1fi"Oe, ocuf 
8u1bne 'be1t{; "00 "Out
 at1. Eetwë{;, ocuf a 1fiC1fin "OeW 
ma1{; "00 bua1fi a C1n"O C1fi"OFaet01"O. 


C.896. 



 AI ft ptI. 1-8t-
u. 
\1

 F''1'1j 


C.89i. 


.s- OCUf noco ne"Òa f1n 1f bU01"O ann 8t11bm "00 "Out 
ap. Eetwë{;, aë{; ap. Faca1b "00 rcet01b ocuf "00 twi>1b 
"01a e1f 1 ne1lun"O. Ocuf noca nei> 1f bU01i> a 1fië1fi'O 
"Oep.m01{; "00 bua1fi a C1fin C1nnFaetm"Ò, aë{; aneoë p.o 
Faca1b "Oa "OeEra1p.1 tebap."Oa "Oap.a ne1f 1 ne111.1fi"O. Co 
IOP.Ucai> hé "Oa te1Eef co {;ecn b t 1.1C1fi1 'Cuama "Op.eca1fi 
[a comp.oc na {;P.1 rt1.a1"Oe"O, 1"01P. {;1E1b na {;P.1 rua"O J. 
OCUf q1.1 rcota "00 b1 1f 1fi b01te: rcot téri;1fi"O, rcot 
Fe1fieëa1f, ocuf fcot pt1"Oeë{;a. Ocur caë 111 "00 ctu1fie"O- 
rum "Oa 1fi1ft71f1 na q1.1 rcot cae'a toe, "00 b1 "00 EtC1fi 
cmebp.u caëa n01i>ëe; ocuf "00 ëU1p.f1um Etonrn mt1 
pt1i>eë{;a f111t1b, ocur "00 rcrubrum 1cæ a Lecmb ocur 
1 {;U1bt1b, ocur p.o CU1t1. fe1c a cmp. d1Ub01 t1.. 
 
114 

 
_rý,
 
-I,
J/f<<riJr 
 7 þ.- d/fwh.Jr 

 dA. dAo.t 
 4<ivi 
.WNrt 
 UIw -I, 
 
 
 77 
peLt 
 
f!> Lts9b) 
bunu"O ocur 1fi"06 ocuf a1t1.bep.t; con"Oa;sap. "Oon 
Focut 1f erq;e"O. buna"O"Oo aeC1 1fi ebll.a, ec a 'bt W1C , 
'-c ecc1Omt1cec a bunu"O t01cne; "Oelm1fi "Oltma1fi a ;sae"OetE 
["00 EabafL.] 

t-i ß 
a bun 10ft. rW1fiCri;1 f1n If na certfLl ptt1m bép.t01b, 
a blt.é1C, 1fi ebt1.a, 1 t01C1fi OCur a 1)ae"01tE; OCUf 


1 Faúellood. For 'anfí1\,' C. 896, reads '5ae.' 
I SuiMne Celt. That is, Sweeny the Lunatic. 
S Tllam Drecain. Kow Toomregan in the county Cavan. 
I Paper-book. For ' cm 1\'C L1ubmp.,' C. 896, reads 'cmLcL1bm1\,' a chalk book. Lß) 
I' Eitged.' The Dook of Aicill, the joint work of King Cormac and Cennfaeladb, 
was called .. Bretha Eitgpd," i.e. judgments of' Eitged' or .. Leabhar ua 
nEitged," i.e. the Book of the I Eitgeds.' The derivations of the word 
I Eitged' gi..-en in the text do not appear snsceptible of any probable explana- 



THE HOUK OF AIOILL. 


89 


Three were the reasons of that battle being cele- THE BOOK 
brated :-the defeat of Congal Claen in his falsehood) AI

LL. 
by Domhnall in his truth, and Suibhne Gelt' having 
become mad, and part of his brain" having been · Ir. Brain 
, of forget- 
taken from Cennfaeladh shead. fulm... 
And Suibhne Gelt's having become mad is not a 
reason why it (the battle) is celebrated, but it is 
because of the number of stories and poems he left 
after him in Erin. And the fact that part of his 
brain" was taken from Cennfaeladh's head is not a 
reason why the battle is celebrated, but the 'reason 
is the number of well-composed books which he left 
after him in Erin. And he ( Cennfaeladh) was 
brought to be cured to the house of Bricin of Tuam 
Drecain 3 at the meeting of the three streets, between 
the houses of the three professors. And there were 
three schools in "Lhe town :-a school of literature, 
a school of law, and a school of poetry. And what- 
ever he used to hear rehearsed in the three schools 
every day, he had by heart every night; and he 
put a fine thread of poetry about them, and wrote . 
them on 
 and tablets, and transcribed them 
 ,,({-f. ..&4J 
into a paper book. 4 /2(;."rTM- 2/1 
The root, meaning, and import of the word 
'Eitged'S are sought for. . Its root is 'aeti' in 
Hebrew, 'et' in Greek, 'etiamlicet' is its Latin 
root; it means' deimin dilmain,' i.e. certain freedom, 
in Irish. 
Its root when taken in its good sense of exemption 
is found in the four principal languages, in Greek, 
in Hebrew, in Latin, and in Irish; but when taken 


tio!1. It appears to mean an) thing contrary to what is usnal, contra normam 
801i/c,m, which inclndcs the idea of exemption, excess, criminality; âJlopía. A 
di.tinguishedSanscrit scholar has suggested the Sanscrit, "ati gati," "going over," 
.. traru.gression,
 as having possibly some connection with the tenn. 



!}O 


LeunTt a,cte. 


T",: HOOK tlOCOn a;sabOT1. 1<<p, C111La1;S1 aët:: 111 'Oá mbéT1.twb n((má, 
HP' J 
AleIIl.. 1 l;((n:::111 OCUf 1 tlð((e'Olt;s; t1a1P. C111nO, élttn1m, t((1f111 
t((1rne01t1., OCUf e1q;e'O C111 t((1f111 nð((e'01tE1'/). 


C.897. 


('. 1'98. 


C.898. 


C 900. 


[a 111'Ot((n:::hmec (( h111'Oe 111 FOC((1t If elq;e'O .,. 6rr;se'O 
s é tto "Cel;Se'O 111 "c((n '1' t::p.e cOmtW1L6; no e1q;e'O é n(( 
"CelEe'O 111 L((n 11' Lp.e ((nrOt::; 110 e1'q;e'O .1. é E1.1 n(( t((Ct1'O 
((1ce 111 "C((n na h1c(('O nl OCt1f P.O tHeta nl P.1f; no 
elq;e'O .1. é ;san (( "C((CU'O a1ce 111 Lan P.O 1C(('O nl Ocur 
111 hlCt(( nl 11.11'; 110 elq:;e'O, et:: "COlt1'O, mltt'O eL, ((1tb1'11 
lot1ai> 1f1n C111 ((1 'i). Ho elq:;e'O .1. e"C FOltl'O, r01ë,'O rt t1 
Fon:::hl'O, bt11tte a 11croa1;S bU1tte. Ho eq;e'O .1. m::: e"c((1t 
OCUf Ee'O E((m:::h, C011((1P. 10Ttf a rcrsb((1'/) Ean:;h et::a1t 
(( 1l((11 tbe t1.t:: re1chem11a1f oC1.1f bttelt::hem11((lf 111 t1èulP.P 
flf. 


II; a bU11Cl'O 1'111 OCUf a 111'O"C((It::hmeë.] 
a ((1p.bet1.t:: .1. a 61pep."C flP. ((111 ll((ë [FottUf .1.] T cot 
11' 111 rowt [b1.1'Oe111], co ra;sabcq1. a11'O q1.e 11a rut1., 
amult æ;a e1q;e'O C111, OCt1f e1q;e'O fLan. 


[1)a FO"Da1t 'Oe;s elq;e'O ] aKhFep:u}1. an'D .1. elq:;e'O 
:to t1.ta 11elq;e'D, OCUf e1q;ea'D ta11. 11e1q;e'D, ocuf e1LEe'D 
na nerq:;e'D, ocuf en::;se'O motbt::((1i>e, ocur elq:;e"O 
mbp.tatutt, OCt1f e1q;e'O ;sné1te((ch, OCur elq:;e'O bttec 
ocuf e1q;e'D r111'D, ocuf en::;se'O 'Oub. 


en::;se'O tUll lIen::;Se'D, C1tl tt1(( C1tI, ct1ÍlUlt 'Do tu;stle 
:tS'1n "Ca1nEet fotuf L((1tt;se'Oach LUC1F e t1.: "be1t:::1'O am;Slt 
11e11Y11 Iftltll; 111 ba tUE nech t1afUm." 
 
" 
V'11( 
.1, 

 
 B LClfMi 
1 Tv
llJ('. OulJ nine wvÏ!\ions are giveu in Ihe lexl her('. 



TIlE BOoK 01<' AICILL. 


n 


in its sense of criminality, its root is found but in Tnp; BooB. 
OJ<" 
two languages only, Latin and Irish; for' cinno' is, AICIJ.J. 
I corrupt with the Latinist and 'eitged' is crime 
in Irish. 
The analysis of the word' etged' from its mean- 
ing, i.e. it is an 'eitged' which goes, when it is 
through design; or it is an 'eitged' which does 
not go, when it is through inadvertence; or it is an 
'eitged' with a return when he pays nothing and 
something is paid to him; or it is an 'eitged' without 
a return to him when he pays something and nothing 
is paid to him; or 'eitged' i.e. 'et-toichid,' suing the 
flock, i.e. the 'et,' the flock, is got from him for the 
crime. Or' etged' i.e. 'et-foichid,' offence for offence, 
i.e. blow against blow. Or' etged' from' et,' profit, 
and' ged,' wise, a way by which wise men obtain 
profit by pleading and giving judgment according 
to this book following. 
Such is its origin and its analysis. 
Its import, i.e. its true meaning, i.e. that which is 
not obvious in the word itself, can be found in it 
through investigation, as 'eitged' 'which 1neans 
criminal, and' eitged' which means exempt. 
There are twelve' kinds of 'eitged' considered, 
as 'eitged' before' eitged,' and' eitged' after' eit- 
ged,' and' eitged' of 'eitgeds,' and praiseworthy 
'eitged,' and 'eitged' of words, and 
' eitged' Qf- 
^ "\ 
face, and speckled 'eitged,' and white 'eitged,' 
and black 'eitged.' 
'Eitged' before 'eitged,' i.e., crime before crime, 
such as the light-bearing angel Lucifer committed 
'when he said" the angels of heaven shall be under 
me; no one shall be king over me." 



92 


Gebeqt a,cte. 


TilE BOOK 
OF 
AICILL. 


e'r.se'O 101t nen:;;se'O, cm 1OP. c1n, amu1t '00 rune eua: 
mp.cri> 10 ëp.am'O uN;attta 'DO cmteam. 


C.900. e1r.se"O na n611756"O, [cm na C1fIa'O], arh111t 'DO 
p.1Ene 10 cet:: 'DU1ne a'Oam comceqa'OuËai> 'Do técu'O 
"ft t1U . 
61q;e'D rnotbr:mi>e, cm 'DO 'Oenam 'DO neoc11 a1t a: 
fota1'O b(17)em 1110 Fota1"O ne1ch mte. 


e1q;e'O mbp.1Ot::ha1t, bp.at ocur mp. OCUf tefmnm. 


e1q;e'O Enetech, Enímach coernr:echt:: oct1r re1tcechr:. 


tAU- 
 2Jj}t' C. 900. 


/D e1q;e'D bp.ec, r:p.eJFocat fÓcp.a, [bfl.OmFa bllOmra, 
Et((mFa: Et((mFa, ae1"tFa aep.fa .1. E1wmf(( 1mmon 
nEtar Eabmt; Etam}:'a 1man nEtmm 11'01Ee11'O; a6p.F(( 
1m an tan wp.]. 


e1q;e'D pn'O, pn'O 10 motr:a. 
I e1q;e'O 'Dub, 'Oub na h((11te. 
Cmn 1f ((en'Oa [.1. 111 com1w1r:1] 1 .1. PI' a aent/lt. 


C.899. 


Cum 1f 'De'O((? .1. [fir .1. 10 com1ta1n] OC1'f anpr. 
Cmn 1f r:p.ei>a 1 [.1. c011t'Oe .1. Ó C]t1"Oe, 01te .1. 0 Em, 
opep.e .1. 0 En1m]. 


C.899. 10 [Cum 1f cer:hap,i>a? Cet11a1ti>a Fotoms 1ma1tbar; 
artaë, OCUf mh:nuEai>, rtecqwr:u, OCUf up.c01m'Oe'O. 
artach on nm::11011t fOP. eU((, oct1f r:otmnuE 'DO eU(( 
ftt1((, OCur comceq'<Ii>ui> '00 a"Oam 'F1t1U. St((qtaLU, 
UttC01m'Oe'O .1. u1tc01m"Oe'O rtaqWL: '00 'Oenam 'O01ù; a 


1 Tlum. That ie, the angel Lucifer and E\'e. 



TIlE nOOK OF AJCJLL. 


93 


'Eitged' after' eitged,' i.e. crime after crime, such THE BOOK 
as Eve committed by eating the fruit of the for- AJ

LL. 
bidden tree. 
'Eitged' of 'eitgeds,' i.e. crime of crimes, such 
as the first man Adam committed by giving consent 
to them. 1 
Pffiisewor:thy 'eitged,' i.e. the injury which one 
commits on his own property rather than on the 
property of another. 
, Eitged ' of words, i.c., spying and satirizing and 
nicknaming_ 
 , 
'h. 

 'Eitged' of-4ace, i.e. -ill a1ding in the-deed and 
looking on. 
Speckled' eitged,' i.e., in three words of warning, 
I will 'grom '-satirize, I will 'grom '-satirize, I will 
'glam '-satirize, I will 'glam '-satirize, I will' aer'- 
satirize, I will' aer' -satirize; I will 'grom '-satirize 
in the satire called' glasgabhail,' I will' glam '-satirize 
in the extempore lampoon, and I will 'aer'-satirize 
in the full satire. 
'Vhite 'eitged,' i.e., the white of -flattery. 
 
Black 'eitged,' i.e., the blackness of satire. 
When is it simple, that is, intention 1 i.e. when 
there is knowledge only. 
When is it double 1 JVhen there is knowledge, 
i.e. intention, and ignorance. 
When is it threefold 1 That is, when the'J"e (we 
thought, and word, and deed.& a Jr. By 
When is it fourfold 1 Four things sustain crime; 
;
á,act. 
temptation, consent, urging, and bolr!nR
>: of denial. 
Temptation such as that of Eve by the serpent and 
Eve's consent to it, and Adam's consent to them. 
Urging, b oldne':!5 of deni al, i.e. a bold denial is made 
 
) 0-G<W 
by them, i.e. they say that what they had done 



94 


tebap. a1cte. 


TüE BooJt rw'O naë rm a TIep.nfCKa1t, ocur fir m c1flars ((CU 1)0 
nF 
AlClI.l. 'Oenam. 
ar ar r 1fl 1r ro ttt1 r 0 bmr fir 1n cmm5 ((C 'Oume, 
Em EO t101b fir na hep.ce, cona'O anflr tan f1achach.] 


sCum 1r ct11cte? .1. na CU1C C1nm'O '0111ne 111 TIamna 
C.900. metta. [On C01f1, C1n tmme, C1n ruta, cm be01t, cm 
t'en;sa. ] 
Cum 1r ré'Oa? .1. (t'Op.1m1tep. [m rere'O] cm an'O 
[P.1U], cm cu1bre. 
/0 Cum 1ra '00 'Oec 'Oon cmL<tch? .1. na 'Oa fO'Ðwt 
'Oec e1c;se'O. 
 a- 7\.- 
Ocht' nap.nmte C01t'cenna rop.p.etat' 1n Le1q;e'O fo'Oe- 
c. S!)9. ;stma; [.1. ro;sta1'Oet'u, ocur 'Oe1fffi11teét', 1mcomm1tc, 
ocur ep.cattu'O .1. tanflaé ocur tet f1ac, mt'hE1n, ocur 
, rtan ]. 
.1. na 'Oa ro'Omt 'Oec eH::;se'O. 'De1fffi1p.eét' at1t .1. 
c. S!Y.). ;seo;smn Cucutamn a mac 1 nanrot' [;sen a rtom'Oe'O 
'00]. ? 
1mcomatp.c; cmt'e bta'O;. ep.cmte caé rtan caé 
lcJ1.U1'Otear'k. .1. tan flach 1r m comp.att'1, ocur teltFtach 
1r 1n anFOt' ((1t'h;sm a mp.ba .1. 1r 1n m'Oe1tb1tte 
t'op.ba; rtán a Fí1t'Oe1tblll.er, m'Oe1t'b111.e mp.ba. 


COlt'cenn ocur '01ter ocur P.U1'Ðter con'Oe;sat1. 'Oon 
fOcut 1r e1q;e'O. C01t'cenn '00 a b1t a c1flt'm;se OC11r a 
},Srtámt'1;se, '01ter '00 a b1t a nmt'hE1n, ttu1'Oter '00 a 
bet'h a rtámt'1. 
.1. 1n 'OIÚ1t' no 1n COmfU1'01;ste 1n rocut 1r e1q;e'O? 
c. 898. 1r comf1.11'Ò1;st1 [ocur t11 1)IUt'] am1J1t caé comru1- 
'Olu;sa'O. 


1 Cuchulainn, The 
tory of Cnchnlainn's comba with hie son Conlaech is 
given in O'D. 983. Thc fine imposcd ou him for killing his son wus paid to Conor 



TIlE BOOK OF AICILI.. 


95 


was not a crime, while they knew that they haù TUE o
ooJt 
committed the crime. AICILL. 
From this it is evident that when a person has a 
knowledge of the crime, though he had not a know- 
ledge of the 'eric '-fine, that his ignorance is fully 
finable. 
When is it fivefold 1 That is, "The five crimes of 
man no cause of happineRs." Crime of foot, crime of 
hand, crime of eye, crime of mouth, crime of tongue. 
When is it sixfold 1 A sixth crime is added to 
the above, i.e. the crimo of conscience. 
When is the criminal law twelvefold? The tweh'e 
divisions of' eitgeù.' 
There are eight general kinds embraced in tlw 
distributed 'eitged': i.e.-division, and example, 
question, and explanation, i.e. full fine and half fine, 
restitution, and eXf'mption. 
Division, i.e. the twelve divisions of 'eitged.' 
An example thereof:-Cuchulainn i slew his son in- 
advertently, i.e. without kno'Ning him .4ò

ÍMwI1 
 
Question; what is the law of safety in every case of 
 
 
 
safety and in every case of full guilt? That is, full T/.J..
, fAt.Ir 
 
fine for intention, half fine for inadvertence, restitu- .(
) P,
! 
tion fer profitable work, i.e. for unnecessary profitable 
work; safßty in tnte necessity, -i.e-. in necessary profit- 
able w
rk. -- 7
 
ðfThe word' eitged:' ha.s..a common, a proper, and a 
peculIa r application. It is common in criminality and '
 
innocency, proper i
 restitution, and peculiar in safety. 
Is the word 'eitged' simple or compound? It 
is compound and not simple like every composition. 


King of Ulster, hie maternal uncle, because Cuehulainn had no paternal famil
. to 
take the fine for a slain kin
mnn. 



9G 


Lebatt Utcte. 


TilE BOOK 
010" 
AICILL. 


Fe
ap. 1n comru1"OtuEa"O 0 "Otb nOEa1b, no 1n com- 
rU1"OtUEa'Ò 0 "Otb nanoEwb, no 1n comrU1"Otu5a'Ò 0 hot'S 
ocur 0 anot5? 


1r comrU1"01uEa"O 0 "Oíb nOEwb, uwp. 05 "00 a btt a 
C.898. "c1nw'Ò, ocur 0'5 "00 a btt a rta1m:;'E'; [Ua1P. 1n e
 U1t 
an"O wtl,r an ní 'r e1qwmt,cet:;, a buna"O tw"One, ocur 1tl 
Ee"O U1t an"O wp.r a n1 tr Em a, ettt1n1 f1achwifl .1. 
1ap.r a n1 cometttn1t:;he)l, cotl,P OCur wn1m ac "Oenam 
C1na'O ]. 


/0 Ene Eneach ocur cenat cenawch wt:;h
e
hw11, ann, 
r. -- - , c.,n '1 ",,,dv 'eenat ac rtom"Oe"O cenat, cenat aca rto1n"Oe"O bu"Oe1n; 
< 
f.A, TW4v 1>''''-' I ''''''..-- I 
- - Ené ac rto1n"Oe'O cena1t sne. Ene '00 Enélttb 1n erq:;e"O 

 1. 7 lij;:5:' In comp.wt:;1 no m t:;an
ot:;, no 1n t:;ot1.ba no m t:;erba, co 
nEnelttb 
U1ttb re1C, na "Oa 
o"Oa1t "Oec ercEe"O. Cenat 
Iscenataë, cenat 1n t:;e'CEe"O co cenattb fm. Comttalt:;1 
ocur an
ot:;, mttba ocur erpa co llEnetttb ]:'utttb, na "0(( 

o"Oa1t "Oéc el'CEe"O, aèt:; tr Ene a tet p.lr 1n el'CEe"O he 
111 comttalm, 'r cenat a tet p.1r na "Oa 
o"Otwb "Oec. 



'! 
ConEabatl, emtl,Eu1"01 ocur Ene ocur eenat "OO1b 
:(Þ amta1"O f1n; uwtl, ruba1tt:;etl,num Eenar cenat r ubwt - 
t:;ep."Oa ac wf11e1r "00 n1 11.e1me ocur "00 n1 na "OeEw"O. 
1n ní naé Ene ocur nach cenat ac rt01n"Oe'Ò cenat noco 
nutt 1t:;I)1. he; no "Oa mbet, coma'O mtrc1"Ot ac rtom"Oe'O 
'00 mt1.ba, eenat aea rt01n'Oe'O bu"Oem, J:;né ac r t01n 'Oe'Ò 
2.<,eenwt, etE111n ac rt01n"Oe'O comttatt:;1. 1n m1rc1"Oe,:aè
 
nocu cenet "00 na ce1tp.1 cenetatb he, nocu Ene "Oon "Oa 
ro"Otatb "Oee en:Ee'O, aèt:; amm pl'ttmtt1 c1n"Ot:eè a)1. a 
hrrsa1'O bu"Oe1n. 



THE BOOK OF AICILL. 


9
 


Let it be considered whether is it compounded of THE BOú& 
_ . OF 
two perfect U'ords, or compounded of two Imperfect AICILL. 
words, or compounded of a perfect and an imperfect 
u'ord. 
It is compounded of two perfect words, for it is 
perfect for it (the word) to be in criminality, and it is 
perfect for it to be in innocency; for the' et' which 
is in it is from 'etiam licet' its Latin root, and the 
'ged' which is in it is from' gina,' a defilement that 
should be punished, i.e. because body and soul are 
defiled by committing crimes. 
A specific species and a generic genus are con- 
sidered in it, i.e. genus naming genera, genus naming 
itself; a species naming a genus of species is the 
specific species. One of the species of the' eitgedh' 
is the intention or inadvertence, or the profit or the 
idleness, with species under them, or the twelve 
divisions of 'eitged.' A generic genus, i.e. the 
, eitged' is a genus with genera under it. Intention 
and inadvertence, profit and idleness with species 
under them,-the twelve divisions of 'eitged;' i.e. 
intention is a species with respect to the 'eitged,' 
it is a genus with respect to the twelve divisions. 
There is found in this manner difference and species 
and genus for them; for subalternate genus is that 
which treats of a thing above it andofa thingbelowit.& aIr. Befor
 
The thing which is not species and which is not mtd after il. 
genus naming genera does not exist at all; or if it 
does, it is necessity naming profit, genus naming 
itself, species naming genus, malice naming inten- 
tion. The necessity is not a genus of the four 
genera, it is not a species of the twelve divisions of 
, eitged,' but a name imposed determinate for itself. 
YOLo III. H 



,....u. /2.} 
tt' IIJ
- 


98 


lebal!. mete. 


C/.'1 0 
II :> 


THE BOOK 
OF 
AICII.Lo 


"Ombta'() f1((eh r e p;5. 
.1. '1' 1" mdme na t;unm:;a1'Oe a 'Oénum 1t::1P. COma1Ch1b, 
ocur cop.p 'O,:'otaë; no a 'Oenum a rte1b no 1 n'01p.mn'O. 
ocur cen cop.p 'O
olaë; ocur fl1 h1n'OJr m r;J '00 fl1 co 
.r narr;ap. mp. '00 tte1p. 'OhF;1i> t::uap.art::a1t, no 1m'Oenma, no 
,:'1a'O na1 re; no co n
mann p.e tU1Ë1. Ocur ce p.a t::Jrai> 
1n colm1n 1 claTI, no 1 nU1rcJ, manap up. 'Oa1blfl a r otm ::;. 
110CO fltut a1P. aëL E'JP.1C m map.b-ca nama. 


"01Ubtai> a ta1n bU'OeJn 0 cach 'OU1ne U1te '1' 1fl 'OU1ne- 
r t;a1"01 1t::1P. uttp.ai>, ocur 'Oeop.a1i>, ocur mup.ëa1p.t;h1, ocur 
"Daep., OCUf reUach. 
m ar a 1flan11 'OU1fle '00 p.1ne 1n map.bai> OCU1' 1fl ,:'otuë, 
1'eët:: cumata ocur tan eneclann ,:'a1P. '1' 1n ,:'otaë; 1'eët:: 
cumata ocur tan enectann ,:'mp. '1' 1n map.bai>; cop.ub '0(( 
, 1'Pët:: cumata ocur '0(( eneclann f1fl 0 up.p.ai> '1' 1fl t;una- 
t;((1't>e. 


mar a r mn 1fl t::up.p.ai> '00 p.me 1n map.bai> ocu1' tfl 
t;up.p.a"Ò '00 p.1ne 1n ,:'otaë, reët:: cumata ocur tan eneclann 
,:'op. ,:'ep. 'rU1 maflba"Ò; cumat ocur tan enectann ,:'op. ,:'ep. 
iD ,:'olmÏ; 1f1n ,:'otaë, cen t::ap.p.aët::mn cotta; ocur ma Lap.u1' 
cotann, '1' enectann nama '1' 1n ,:'olach. 11' 1'a1n 1n 'Ol11ne 
'00 p.111e 1n map.bai> ocur 1n ,:'otach ann 1'1n; no C1'O 1nan't> 
"DU111e,1 1'a1ne Ua1p.e't>o p.1ne't> 1at;. Ocu1' 'Oama"O an nen,:'eët::. 
110 mar "Don map.bai> t::((1fl1C tfl f01aë, noca bw'O ua'O aët:: 
1 1a11 m martb-ca. 


mar a 1flann rcttaë up.p.aTI p.o ba1 ac re1Ue'Õ 1n map.bfa 
ocur r eUaë up.p.(('O p.o ba1 ac 1'C1Uei> 111 ,:'otmÏ;, C1't> r a1n , 


1 'Cumha
.' 'Cumbal'is literally a hond-maid. The payment of a 'cumhal' 
originally implied thc actual trall_f,'r of IL houd-maid in liquillatiou of a cIlLim; it 



THE nOOK OF AICILI,. 


99 


Fines are doubled by malice aforethought. a THE ;;001{ 
Secret murder is known by its being committed among luCILL. 
neighbours, and by the body being concealed; or by its a Ir.Ang eJ". 
being committed in a mountain or wild place, without the 
body being concealed; and the person who has committed 
it does not tell it until it has been fastened upon him 
according to the law of eyewitness, or proof, or evidence; 
or, he may acknowledge before swearing. And though he 
may put the body into a trench, or into water, if it was 
not for the purpose of concealing it (tlte bvdy) he did so, he 
is liable to the' eric' -fine for the killing only. 
The duu ble of his own full honor-p1'Ïce is due of each and 
every pernon whether native freeman, stranger, foreigner, 
'daer'-man, or looker-on, for the crime of secret murder. 
If it was the same person that committed the killing and 
concealed the body,b a fine of seven' cumhals'l and full b Ir. 1M 
honor-price is imposed upon him for the concealing; ancl a 
o::.al- 
fine of seven' cumhals' and full honor-price is imposed upon 
him for the killing; which is twice seven 'cumhals' and 
double honor-price upon a native freeman for secret 
murder. 
If it was a different native freeman that committed the 
killing and concealed the body,b a fine of seven 'cumhals' 
and full honor-price is imposed upon the man 'I.13w killed, 
for the killing; and a fine of a 'cumhal' and full honor- 
price upon the person who concealed, for the concealing, 
when the body has not been found; but if the body be 
found, honor-price only is the fi:ne for the concealing. It 
was a different person that committed the killing and con- 
cealed the body in this case; or though the person was 
the same, they (the acts) were committed at different times. 
And ifit were at the same time they were committed, or if the 
concealing came of the killing, there is imposed upon him 
but full fine only for the killing. 
If the native freeman who was looking on at the killing, 
and the native freeman who was looking on at the conceaI- 


8ubsequently came to denote the value of a bond-maid, which was estimated at 
three cows. 
VOL. III. H 2 



100 


lebu)1, U1cte. 


THE BooK C1'O man'O fep maphèa OCUl' fep folmË, Cet;hpU1me C01pP- 
OF h 
 
AICILL. 'OIPI, ocur cet; pmme enecla1nnl mIl 1 re111e'O CeCt;aTl 'Oe. 
Cen t;appact;mn colla na a1t;hE,na r'n; ocur ma t;apiSul' 
colann no mt;hE11l, na panna m:;mt; ap fcai': colla no 
J m<::hEena '00 'Oul pe lap; ocur 'Oa r;at1m1''Oea necr;ap. '06, 
po bu'O ce1tp1 cumala ocur let:; eneclmln; OCU]' 'Oa <::ap.- 
mfr;ea 1m; mapaen, f10 ba'O <::p1 cumala ocur let emeclanll. 


ma1'a ram rellach uPI1a'Ò po bm ac re111e'Ò 1n mapbta 
ocu1' rellac uppa'Ò po bm ac re111e'Ò 1n folarS, C1'O ram 
,cC1'O 1nun'O fep mapbta ocu1' fep folmf;, ce<::hp.mme C01PP- 
'01P1 ocu1' ce<::hpmm1 eneclmnm fOP. 1n reltac uppa'Ò po 
ba; ac re111e'Ò 1n map.bta. Cen <::apac<::mn mt;hEena; 
ocur ma r;ap.t:;ur mr;hE1n, 1n cur;puma m;a ap reat:; m<::h- 
1;en a '00 'OU 1 p.e lal1. 


If Cumal ocu1' ce<::hpmm1 eneclmnm fop1n rellaè uppa1'> 
po bm ac re111e'Ò 1n folmË, cen <::appac<::a111 colla; ocu]' 
ma taptur colann, '1' ce<::hpmme eneclmnne nama. 


1r cu<::puma ml ap uppa'Ì> 1 mb1r;h ac 1'6l11e'Ò Uppál'Ì>, 
ocu1' 'Oeopa,.õ, ocuf mup.CU1pt" ocur 'OUlp; ocul' ap 'Oeo- 
1Cpm'Ò 1 mb1t ac re111e'Õ uppm'Ò, ocul' 'Oeopm'Ò, ocur mup- 
cmp.6, ocuf 'Omp.; ocu1' ap mupcmpÔ 1 mb,<::h ac 1' 6l11e 1'> 
uppm'Õ, ocur 'Oeopm'Ò, ocu1' mupcmpt1, ocur 'OmI1; ocu]' 
ap. 'Oasp. 1 mblt ac 1'6llle'Ò up.pm'Ò, ocu1' 'Oeopm;), ocu1' 
mupcmpt1, ocu1' 'Oaip. Ump. noco fO lan pI11mme 1CUr 



TIlE BOOK OF AICILL. 


101 


ing were the same, whether the person who killed and the TIlE BOOK 
OF 
person who concealed were different or the same, one-fourth of AICILL. 
body-fine and one-fourth of honor-price is the penalty upon 
him for looking-on in either case. This is the 'rule when the 
body has not been found or compensation obtctÏned; but if 
the body has been found or compensation obtained, then the 
portions which are due for the concealing of the body or for 
compensation are to fall to the ground; and if neither of 
them (the body OJ' the compensation) was recovered, it (the 
pe'nalty) would then be four 'cumhals' and half honor- 
price; and if both (the body and the compensation) were re- 
covered, it (the penalty) would be three' cumhals' and half 
hOD or-price. 
If the native freeman who was looking on at the killing. 
and the native freeman who was looking on at the conceal- 
ing were different, whether the person who killed and the 
person who concealed were different or the same, one-fourth 
of body-fine and one-fourth of honor-price is the penalty 
upon the native freeman who was looking on at the killing. 
This is the case when compensation has not been recovered; 
but if compensation has been obtained, the proportion which 
was du-e for compensation falls to the ground. 
A fine of a 'cumhal' and one-fourth of honor-price is im- 
l)osOO upon the native freeman who was looking on at the 
concealing, when the body has not been recovered; and if 
the body has been recovered, it (the fine) is a fourth of 
honor-price only. 
There is the same fine imposed upon a native freeman for 
being a looker-on at the killing of a native freeman, or of a 
stranger, or of a foreigner, or of a 'daer'-man; and upon a 
stranger for being a looker-on at the killing of a native free- 
man, a stranger, a foreigner, or a' daer'-man; and upon a 
foreigner for bcing a looker-on at the killing of a native 
freeman, a stranger, a foreigner, or a' daer'-man; and upon.a 
'daer'-man for being a looker-on at the killing of a native 
freeman, a stranger, a foreigner, or a' dacr'-man. For it is not. 
according to the full fine due of the actual killer B that the m


and- 



102 


tebap, mete. 


THE BOOK 1'eUaë a lan, aët; fO tan a 1'e1lh\) bo'Oe1fl fO mcne'Ô 
OF '" '" ,.. '" 
AICILL. Uppa1'O, no 'Oeopm'Ð, no mupCU1pt;1, no 'Omp. 


o upp.a'Ô m;a 1'1n, ocur a le-c 0 'Oeopm'Ô, ocu1' a cet;h- 
p.t11m1 0 mup.cU1p.i:1; OCl11' noco nU1l n; 0 'Oaep caë ump. 

 t;ap.i:ur colann; ocu1' mana t;ap.-ca1' colann 1np., a fOlaë 
upp.m'Î> m:;a 1n cumat; ocur a ce1-Crl1 reët;ma'Î> a folaë 
'Oeopm'Ô; 'Oå 1'ecr;ma'Ô ocur 1n Cet;hpU1me pann 'Oec a 
foLac m UpCa1pi:1; a ''leèr;ma'O nama a folal: 'Omp. 
s 


tTIar a l11ann 'Oaep maphëa ocur 'Oaep fotm5, cumaL 
'0 U1t1 11' 1n mattba'Î>, ocUt
 cumat mp 1r1fl folaë. tìla1' a 
fa1n 'Oaep mapbi:;a ocu1' 'Oaep fotm5, cumat ap 'Oaep. 
mapbi:;a 1f1n mapba'Ô, rect;ma'Î> na cummte ap 'Ðaep 
folmÈ, cen t;apact:mn coUa; ocur ma t;api:a1' cotann, 
C.2,351. recr;ma'O 1n rect:ma1'O 1fl'O, [no] co na Ue1i:; nach n;. 



 ft'"t't If) mara 1nan'O 1'eUaè 'Omp po bm ac re1lle'Ô 1n mapbi:a 
11 OCl1r po bm ac re1Ue'Ô 1fl folm5, C1"Ò 1'mn, C1'Ô 1nan'O 'Oaell' 
m a t 1b i:;a ocur 'Oaep folmt;G1, 'Oa reët;ma'Ð OCU1' 1fl cet;h- 
ftU1me ftann ooec na cummLe foft 1n retLach, ump cen 
t;aftact;mn colla na mt;hEena; OCU1' ma t;api:;ur cotann, 
zono mt;hE1fl, reët;ma'O OCl1r 1n cet;ht1U1me ftann 'Oec na 
cummte ua'Ð 1 re1lle'Î> cect;aft 'Oe; ocur 'Oa t;aftmrt;ea 
nect;oft 'Oe, po ba'O ce1i:p1 reët;mm'O na cummte; ocur 'Oå 
t;apm}'t;ea 1at; map aen, t10 ba'O t;ft1 reët;1Tlm'O na cummte. 



THE HOOK 01<' AWILL. 


103 


looker-on pays his full fine, but according to the full fine for Tm: BOOK 
his own looking on according to rank, whetlwl' it be that of AI
:LI.. 
a native freeman, or of a stranger, or of a foreigner, or of a 
, daer'-man. 
From a native freeman tllis aT/wunt is due, and the half 
of it from a stra.nger, and the fourth of it from a foreigner; 
but there is nothing (lue from a 'daer'-man whenever the boJy 
has been recovered; but if the body be not recovered at all, 
it is for the concealing of the budy of a native fi"eeman the 
fine vf a 'cumhal' is due; and four-sevenths of it (the' cunt- 
hal'-firw) for the concealing of the body of a stranger; it is 
two-sevenths and one-fourteenth (uf the sa7ne) for the con- 
cealing of the bud'll of a foreigner; a seventh only for the 
concealing of the body of a' daer'-man. 
If the' daer'-man who killed and the 'daer'-man who 
concealed be the same, the fine of 
t ' cumhal' for the killing, 
and a 'cumhal' for the concealing is impose(l upon hin}. If 
the' daer'-man who killed and the' daer'-man who concealed 
be different, a ' cumhal' is the fine upon the' daer' -man who 
kills, for the killing, and the seventh of a 'cumhal' upon the 
'Jaer'-man who conceals, for the concealillg, if the body has 
not been recovered; but if the body has been recovered, a 
seventh of the seventh uf a 'cu7nhal' is the fine for it (tlw 
concealing); or, accut'(lill1J to uthers, there is nothing (nQ 
penalty for it). 
If the' dacr' -man who was luoking un at the killing, and he 
who was looking on at the concealing vf the body, were one 
and the same, whether the' daer'-man who killed and the 
'daer'-man who concealed be the same or not, two-sevenths 
and one-fourtet:uth of the' cumhal' is the fin./!- upon the looker- 
on, when the body has not been recovered or compensation 
has not been obtained; but if the body has been recovered 
or compensation has been obtained, a seventh and a four- 
teenth of the' cumhal' is the fine upon him (tlw 'daer'. 
m(tn) for looking on in either case; and if neither of them 
(the body or cornpensation) be recovered, it (the fine) then is 
four-sevenths of the 'cumhal'; and if both be recovered, it 
(the fine) is three-sevenths of the' cumhal.' 



104 


tebUl1' mete. 


THE BOOK mara rmn rettaè "Dmfl flO bm ac re1tte'Ò 1n maflbfa 
OF 
AICILL. ocur reUaè "Dmfl flO bm ac rmUe'Ò 1n fotm5' cm rmn, 
C1"D 1nan"D "Daefl ma11û
a ocur "Daefl fotm5, "Da reè-r;ma"D 
OCU1' 1n ce-r;h11ulme flann "Dec lla cummte fOfl 1n reUal: 
6'll"Dmfl flo b1 ac rmUe'Ò 1n maflba"D. Cen -r;aflaè-r;mn m-r;h- 
öena [1'111]; ocur ma -r;aflm"D m-r;h ö 1n, reè-r;mcro ocur 111 
ce-r;hflU1me flm11l "Dec na cumm te. "Va reè-r;ma"D, ocur 
ce-r;hflu1me flann "Dec reè-r;ma"D na cummte fOfl1n reUaè 
rromfl flo bl ac rmUe'Ò 1n fotm5. cen t;'aflal:-r;mn cotta, 
10 ocur má -r;afl-r;ur, ce-r;hflU1me reè-r;ma'Ò, ocur 1n ce-r;hflu1me 
flann "Dec reè-r;ma"D 1n reè-r;mm"D; no Coma"D rtan. 


C.2,351. 0 "Daefl Uflp.a1'Ò crw r1n [1r1n bfowè]; a cm
fl1 reè-r;- 
mm'Ò Ó "Daefl "DeOflm'Ò; "Da reè-r;ma'Õ ocur 1n ce
flU1me 
flann "Dec 0 "Daefl mUflcufl
a; ocur 1'eè-r;ma"D 1n 1'eèt;'mm"D 
.-'0 "Daefl "Dmfl. 


Canal' a nsabafl reè-r;ma"D 1tJ 1'eë-r;mm"D m:;a 0 "Daefl "Dmfl 
C.2,351. 1f1n fotaè, umfl naè 1n"D1relln teabafl? 11' a1' [mil] 
C. 2,351. öabafl; [umfl J, reè-r; cumata am 0 uflfla'Õ [an"D], ocur 11' e 
C.2,351. a 1'eè-r;ma"D [1'me, 1n cumat] a-r;a 0 "Daefl UflfW1'Õ, CÓlfl mn 
C. 2,351.1 "Delr1"DmC 1n cumat m:;a [fOfl] "Daefl t1flflm'Õ lf1n fotaè 
cému"D he 1'eè-r;ma"D na cummte "DO be
 0 "Daefl "Dmfl1r11l 
fotaè; ocur 11' e 1'111 reë-r;ma"D In reènnal"D. 


f.øtt (
t'L-;ÇI 


111 "D1I1ne fUalfl 1n cotann Ina fotaè, aè-r; má flo 1nm1', 
'1' flach falrnmr1n "DO, no CU1-r;15 nutl. manafl 1nmr, 
r1r pach 1'mU1"D ua;); no coma;) paè cubur b11a1-r;h. 


C. 2,352. 


má flO feflcro cne'Ò afl 1n cotmnn ['fin f otac ], lafl 
néca1b, 1n -r;mnmflaln"De "DO COlflP"Dlfl1 ocur "DenecW1nn 



TIm llOOK OF AICILL. 


105 


If the 'daer'-man who was looking on at the killing and the TIlE BOOK 
'daer'-man who was looking on at the concealing were diffe- AI

LL. 
rent, whether the' dacr'-man who killed, and the' daer'-man 
who concealed were different or the same, two-sevenths and 
one-fourteenth of the 'cumhal' is the fine upon the 'daer'-man 
who was looking on at the killing. This is when compensation 
has not been obtained; but if compensation has been obtained, 
the fine is one-seventh and one-fourteenth of the 'cumhal.' 
Two-sevenths and a fourteenth of a seventh of the 'cumhal' 
is the fine upon the' daer'-man who was looking on at the 
concealing, when the body has not been recovered; and if it 
has been recovered, a fourth of a seventh and a fourteenth 
of a seventh of a seventh of a ' cumhal' is the fine; or, SO'1lW 
say, that in this case he will be exempt from punishment.& . Ir. Free. 
This is thefine due from the 'daer'-man of a native freeman 
for the concealing; four-sevenths of it a1'e d1W from the 
'daer'-man of a stranger; two-sevenths and one-fourteenth 
from the' daer'-mall of a foreigner; and a seventh of the 
seventh from the' daer'-man of a' daer'-man. 
How is it found out that it is a seventh of the seventh of a 
'cu7nhal' which is the fine upon the 'dacr'-man of a'daer'- 
man for the concealing of the body, as nO book mentions it ? 
It is thus infClTed: because seven' cumhals' are the fine 
upon a native freeman for it (the concealing of the body), and 
a seventh of this, i.e., one' cumhal' is the fine fOl' the con- 
cealing upon the' daer'-man of a native freeman, it is fair 
that it is the seventh of the' cumhal' which is the fine upon 
the' daer'-man of a native freeman for concealing, that should 
be the fine upon the' daer' -man of a 'daer' -man for the con- 
cealing; and this is a seventh of the seventh. 
As tv the person who found the body in its place of con- 
cealment, if he has told it at once, the reward for infonnation, 
or the share of a findpr is due to him. If he has not told it 
(the finding), the fine of a looker-on is due of him; or, ac- 
cording to others, it is the fine for complicity in crime that 
is due of Mm. 
If a wound has been inflicted on the body, in the act of 
concealing, after death, the proportion of body-fine and of 



lOG 


Lebap. mete. 


,fit 
 G ,,

 


THE BOOK JW bW"D "DO bU"Dem a feJl
mn Cne1"D1 a commcen-c;a mJl 
A:I
7LL. ma be-c;hm"D, cOJlab 6 In -c;ammJlml1"D6 pn bel' "DOll 
mt;hEln "Da eclmr bunm'Ò .1. UmJllr l6 m colan "D. 


/, b'P>$] 


c. 1,390. a me1C ap.a re1re11. cenn P.1E r01t an;heë, [cenn an;h1E 
b rop. P.1EJ. 

. 
 e "9
 


,-. 
+ JC :).0. 1.1) 


.1. '1' an'O '1' cen"D JlIE fOJl a1-c;hec, 111 Inbu1"D Jlo fOElmm 
mac 111 EJlm"D feme cUJlub ::;pa"D rcc-c;a he, cupub el'poc, 
110 cUJla fell le1E11J"D, co fUtl1-c; rec-c; cumala peln"De "DO, 
ocur reë-c; cumala elJlcl. 


II C1'. ( 
, çjC tf 


1011' an"D '1' cen"D m-c;hlÈ fOP PIÈ, In 111ba1"D -c;uca"D a JloEa 
enecla111"D1 "DO mac 111 111È a "DualEUr a 
ochul" no 6neclann 
a "DualEu1' a a-c;haJl ocur a rena-c;hap, ocur '1' 6 JloÈa 1 lt1C , 
eneclann "DO a "Dualp1r a 
ochu1'a; ocur "DO cua1"D fp e1 r- 
cJlI-c;h Ina -c;ochur, CO na fUll mCI ac-c; PIE' na -C;pl laJlE; 
,5"lapE a rt11rn, ocur lUJlE a bela, ocur laJlE a p"Dba. lJoco 
milt aë-c; rcp6pall a hln"DpaCmr "DO múra In"DJla1C; ocur 
manab 111"DpmC, noca m11l nac n1 mam -c;anca-c;aJl nap- 
mOpa1EI
 ClOI11"D1 an"D 1aJl-c;ml1 "DO neoch na JlO1bl ann 
Jle1m6 a lo bJle1
1 111 pOEa; ocu1' ma "DO anca-c;ap, bW1"D 
1,0 en6cwnn "DO ar a "DualEUr. 


mar 6 JloÈa puc 6neclann a "DualEUr a c01b"Detachm1" 
E6 6-c;aprcapmE In c01b"Dewch plr, l61
 eneclann ar 111 
fep -c;ap
ur atCI "DO, Ua1Jl noco ne-c;aJlrcapan"D 111 c01b- 
"Delach plr "DO EJl6r. 
').s mar 6 poÈa puc eneclann a "DUatEur a CII1'O, ma po 
rcaJlur-c;ap 111 cenn 1111' "DO Eper, nocon Ull 111 '00 ar a 
"DualEur. 


I Upon a It:ill!]. The 'paragraph refers to cases in which the statu.
 of ODe a 
plebeian by birtll is that of a prince, and the status of one a prince by birth is that 
of a mere plebeian. The word head here is nsed e:1>actly as is the Latin · caput.' 



THE BOOK OF AICILL. 


107 


honor-price which would be due to himself (tlte person killed), THE BOOK: 
for the inflicting upon him of a wound of the same nature in AI
:L. 
his lifetime, is the proportion of compensation that is due to 
his original church, i.e. because the body belongs to it. 
My son, that thou mayest know 
{'hen the head of 
a king is upon a plebeian, and the head of a plebeian 
upon a king. l 
That is, the case in which the head of a king is upon a 
plebeian, is when a son of a nwn of the plebeian grade has 
lcarned until he becomes one of a septenary grade,2 i.e., till 
he becomes a bishop, or a chief professor,a so that he is en- aIr..1/anoj 
titled to a fine of seven 'cUillhals' of penance, and seven lea,.,..,,!]. 
, cumhals' of 'eric' -fine. 
The case in which the head of a plebeian is upon a king, 
is when he (on his fatlter's nLu?'de?') having been given his 
choice of taking honor-price in right of property, or honor- 
price in right of his father and his grandfather, made choice 
of honor-price in right of his property; and decay came upon 
his property, so that he has but the kingship of the three (! fii., A. 
 
handles-the handle of his flail, the handle of his hatchet, ðf t:r fdtl. ,
 (f, ?) 
and the handle of his wood-axe. He is in such case en- 
titled to but one 'screpalI'3 for his worthiness if he be worthy; 
and if he be not worthy, he is entitled to nothing unless 
children have been born to him afterwards which he had 
not before on the day of making his choice; and if they have 
been bm.n, he has honor-price in right of them. 
If the choice he made was to have honor-price in right of 
his relatives, though the relative should separate from him, 
he hM half honor-price for the man found with him, for the 
relative does not separate from him for ever. 
If the choice he made was to have honor-price in right of 
his chief, then if the chief bas parted with him permanently, 
he has nothing in right of him (tlte chief). 


2 A øeptenary gmik. Any grade or degree entitling a person to seven 
'cnmhals' of . eric'-fine and to seven' cumhals' of penance. 
I . 8crepall.' A' screpalI' was equal to three' pingims,' and a . pingim ' of silver 
weighed eight grains of "heat. 



108 


tebap. m cleo 


THE BOOK mara 6'{;aflreafla'D fle fle, ['DO 'Dul hI] eUICe'D mte, a 
AI

.L. feEcrn ea '{;ocur O1l mel. n1ara mcur e'{;aflreafl'{;aeh O1t 
mCI, 1n eU'{;fluma flo b1crn 'DO eona mbe
 1 naen e01ee'D 
fllr; '1' a le
 'DO CO na be'{;h a rec'{;afl e01Ce'D. 


!J mara '{;oëUf neme'{;aflreafl'{;aeh O1l mel, In eU'{;fluma flo 
bJa'D 'DO CO na be
 1 naen e01ee'D fl1f, '1' a b61'{;h 'DO a 
reë'{;afl e01ee'D. 


I.O'
 '1}
 
I 


C.2,423. [8ena 1aP. naH::H::;m] LeH
hpach La "01n"Olf a f o "Oa1n, 
C.2,424. [EI n1 "Oep.namp. 1t::1P.. 


'D .1. In pac O1l 'Don 'Dafla le1
 fl6 'Dlfle oeur fle eneelann 
a nEm'D lU1, an eumat a cmn, no an arr;E1n a nUflfla'Duf, 
EUfl ab e'Ò bel' fle '(;aoô t01'Òe '1' 1n ma'Ò1 1'1n, bin EO 
11'Oeflnar;afl 1n em, ac'{; an mmi)eam ammn; umfl mnn- 
uÈai) mbfle1
1fl O1l ann. 


I
 11' 6 nac'{;mn Inp In 'Da 'Dlr51'D 1'0, .1. mm'Òem Jafl 
n'Oénam e1na b1r ré, oeur már e1fmnflme 'DO Ene, '1' Pfl 
'De um'Òe, oeur m
1n oeur eumal rmac'{;a fOfl nec 
rena
afl Jafl nmnnuÈcrn; oeur rmac'{; be1
 E'n te1rr;, 
bó no eumal; oeur an eUmallr afl ee
flmme reët eumal 
a'{;a. 


IIÛ'/; 

3o 


1
í bl rena Jafl nmtln, aët manab mnflmel fa 'D1 no 
fa tfll arena ohar a mnnU .1. é féln co luc'{; a lel
 
aflfla no lel
 fífla; no é féln co luct a 'Òá lel
 Pfl; no e 
rem oeur luë'{; anpfla oeuf m
m]. 
^ 


if-. 


15' m ára Emm m'{;hEena flO mm'D m 'DUme, 1 nU11fla'DUr, 
at'{;hEm ua'D ann; ocur rifl co 11a 'Defllla 'DO 'Dlfeofl 'Dlfl6 
oeur eneclann 'De. 


J 'Teist'-rvidrnce. That is trustworthy witnesses. 



THE BOOK OF AICILL. 


109 


If it be a separation (f1.0'in the chief) for a time, in order THE BOOK 
to go into another province, let it be seen what sort of pro- AI
:LI_ 
perty he has. If it be separable property he has, whatever 
proportion of honor-price he would have by being in the 
sallie province with him (the chief), it is the one-half of it 
he would have by being in an extern province. 
If it be inseparable property he has, the proportion of 
honor-p1'ice which he would have by being in the same 
province with him (the chiæf), he shall have in an extern 
proVlllce. 


Denial after acknowledgment; half fine witb oath 
is incurred B for this, altbough t\ (the c1-irne so denied) 
was not committed at all. 


That is, the penalty which is in the one case with 'dire'- 
fine and honor-price fox' stealing 
t, and which is a 
'cumhal' in 'cain'-law, and restitution in 'UITadhus'-law 
is that which shall be imposed together with oath in that 
particular case, although the crime was only threatened, not 
actually committed; for it is only acknowledgment of word. 
Coming between these two laws means this, i.e., he is 
boasting after committing the crime, and if it be an un- 
worthy man who does so, 
tl1e.ss-.()f GOO. is requi1.ed 
from him; and restitution and a 'cumhal' for' smacht'-fine 
upon a man who denies after acknowledging; and the 
'smacht'-fÌne for being without 'teist'-evidence l is a cow 
or a 'cumhal;' anù the 'cumhal' hC1'e 
 the fourth 
part of seven 'cumhals.' 
Let there be no denying after having acknowledged, 
unless it be twice or thrice more honest to deny than to 
acknowledge, i.e., himself with a party of half Q'o;Ï
enec or 
half proof; or himself with a party of his two half proofs; 
or himself and a party of full proof, with restitutiolL 
That is, if it is a deed entailing restitution the person has 
boasted of, in the' UITadhus'-law, he must make restitution 
for it; anù denial 'upon oath that he did not carry it into 
eftect frees him from' dire '-fine and honor-price. 


. Ir. Go
. 
with. 



 



 



; 
",14ttk-fro" 



 
'--</>
 



110 


tebap. mete 


1.</..

 


THE BOOK mara En1m "01aIt;h;sena pO mm"O In 'OU1ne, 1 nuppa'Ì>ur, 
AI
:r.L. te{; 6 enectmnm ua"O [OCt1r fip, "00 rcup na tel{; enectam"06 
c. 2,42-1 . mte "Oe]. CUmat"Oo popmacht; cm
 p'fln, }Cocur cam 
., b01l1ucht;a "00 pormacht; In cumat fin ; OCUr'r ar Eabar 
s r ,n : Cumat fOP nech renat;hwp1ap nmnt;ean, ocur noco 
milt "Oe1{;blp tUI na cte1{;1 1m m ct1mmt 1'111. 


Bmn m "Otl1ne "00 pIns m mm"Oem OCl1r m F:n1m un"O 
rm ; no CI"O 111an"O "Oums, '1' ra111 umr "00 11'5ne"O; OCt1r 
"Oa mu"O 111 uenfeCt;, CI"O bs"O"Os bor mo, Slr'C 111 mamtl16 
, 110 SlplC In 5mma, corab S"O bsr Ua"O. 


ct. IH, /3 


CI"O mp bu"Oem, CI"O a11 nech mte po tretn"Olft;ar m C11l, 
at;a In e1r'C 1"11 ua'O; act; 'rfl a "Oe1i;blp; cach Ualp 't' 
mp bu"Oem po t;re1n"Olrt;ar 111 cm, 5e1bl"O Frelm r,n ap 
fOn a ct1qwma"Oo na pac1lUlb, OCur fUlttlU"O p l r CO p01b 
'" "Olt In cmu"O an"O. OCur '1' an"O Eelbur 51 1e1m 1'111 ur 1'011 
a CUt;puma "00 na pachmb In t;al1 nap "Oe1p;se'Ì> a tam 1m 
61P1C m mm"O[m]s no Cop trennSrt;ap,n C111 mp.. 


mar a t;UlrSCa po "OSIp56"O a tam 1m SlplC m mm"Ome 
mna ro t;renn6rt;ar m cln mp, noco 5abann 5r61m nac 
, 111; no "Oono, cach ump '1' mp bU"OS111 ro t;r6m"Olft;ap In 
cm mp, cm pe n"06pach a tmms cm lar n'06puc a tmms, 
cu n5aba"O F:r61m fin ap ron a cut;puma "00 na pacmb, 
ocur fUlttlU"O r'r CO flOlb "Olt In Clna1"O an"O. 


o "Oum6 nach Em::m"Os ocur "00 naë bsr "00 5r s r 
1s-mm'06m m::a rm, umr "Oochwt;S In 5mm "00 "06num "00, 
umr a "o61p. arr6n mt;h51n fO "OW5 a mm"Ome. Ocur 
"Oa ma"O 5at;at"06, 110 "Oa mu "OUlns "Oamcro bel' "00 5psr m 


I . Cain Boiliuchta,' i.e" the law that treats of cow-killing, cow-stealing, &c. 
a A . cumhill', "c. This is a 'luotation from 80mC anricnt law hook. 



THE nOOK OF AICILL. 


111 


If it be a deed not entailing restitution the person has THE BOOK 
bmIBted of, in the' urradhus'-law, he is exempted from half AI

LL. 
honor-price, and denial 'lI]Jon oath remoles the other half 
honor-price from him. 
The' cain'-lawJ\'"ã.'dd
a fine of a )( za; If, Jð'8' 
, cumhal ' to this, and it is the " Cain Boiliuchta" 1 that adds 
this' cumhal ;' and ,Whe:Fe this is 
 is " a 'cumha1'2 upon 
J f, 
a person who 
èctiíittcd"úf
 he dee
:tfter acknowledgment alr.Denifd 
of having c01lLmitted the crime," and there is no difference of off. 
minor or major ( kighm'm' It''we?' r(/ml,; ) respecting this 'cumhal.' 
In this case the m:tn who made the boast and the man 
who did the deed were different; or though the person was 
the same it (the deed) was done at a different time; and if 
it were at the same time, whichever of the two is greater 
-the' eric '-fine for the boasting, or the' eric '-fine for the 
deed-it shall be the fi'lw upon him. 
Whether it be of himself or of another he disproved the 
crime, that' eric '-fine is imposed upon him; but with this 
difference; whenever it is of himself he disproved the crime, 
that t.'tkes effect for its own proportion of the fines, and it 
(that pmpO'l,tí(m) shall be added to until it amounts to the 
p:tyment for the crime. And the time dWi'ing which this 
takes effect for its proportion of the fines is when his hand 
has not been emptied by paying the' eric '-fine of the boast- 
ing until he (the accused) was acquitted of the crime. 
If his hand had been emptied by paying the ' eric '-fine 
of the boasting before he was acquitted of the crime, it (the 
acquittal) avails him nothing; or, again, acco'i'ding to othe'i'B, 
whenever it was of himself the crime was disproved, whether 
before the emptying of his hand or after the emptying of 
his hand, it takes effect for its proportion of the fines, and it 
(that fYI'opo1'tím/') shall be added to until it amounts to the 
payment for the crime. 
This is the payment from a person who is not a thief and 
who is not always in the habit uf boasting, for it is more 
likely that such a person committed the deed, for he says 
BO. He then makes restitution because of his bmsting. 
But if he were a thief, or if he were a person who was 



1U 


tebap. a,cte. 


THE BOOK mm"Dem, e-c;ocm"De 1n :smm "DO "Den am "DO, Ocur C01r cen CO 
OF b .. 
AICILL. el-C; 111 mr, umr ar1m1lm-c;er mor -c;pe r e1 1 1 E rorr am 
\ C, :z,1{2 V r ceo bm1'1 bum"Dre'O. 
1n mp.e-c; 1flan 111 Em:: -c;re herpa,1rlan 1n mm'Oem -c;r e 
.r erpa; no "Dono, Eé ma'O rlan 111 Ea-c; -c;pe herpa cuna b<ro 
rlán 1n mat'Oetl1 -c;re erpa; umr -c;ar
m-c;er m-c;hE11l "Dpr 
na Emn, ocur noco -c;ar
m-c;ep. 'Opp. 1n marõme. 


Ca, "Del
b1p. e-c;up.p.u 1"n ocur a bml a'Oa, Ee mm'Ol'O 
neach n; na 'Oelne, 111 ba rtachach "De. -oUlne "Da.)1a 
rEnm::h mal'Oem el1'1'Oe, ocur "DUlne :00 nac Enai'; mm'Oem 
'v 7 funn, ap. '1' r o E111m m111ëe ml'O'r he1 \. 


Cadl btt1Usa ttamm;ach. 


[o..d J.. 


.1. ap.mll '01b 1'0 1"1' ap. a num1'le 1'aep.
a1\ 1m::, ap.mll 
atle '1' t a neco'OnmEe-C;l1, ap.mll mle '1' ap. a nmp.e, 
I. ap.mll mle '1' ap. a m1p.e, ap.mll mle '1' ap. a renop.- 
"Dac-c;. 
1
a p.1Ea, ocu1' na E1\mi'> rec-c;a, ocu1' mp.c111'01E lla celt, 
Cta Eabm-c; cm cO Eabattj rae1'am op.p.o, 'r ae p. ta-c; ar 
Clnm'O a mbl'O, ocu1' ap. Clllat'O 11lbleoÈan. 


20 1\Ia EfUXl'O rla
a, ach-c; munar Eabrm:: rae1' am orp.a, 
11' ae p. ta-c; ap. C111at"D a mbl'O, ocur ar C111m'O , nbleoEan , 
ma p.o Eabfa
 raeram ONtO, noco faer ta-c; ar Clnm'O 
a mbl'O, ocur 1re'O ap. C111m'O n11lbleoEan. OCl11' rrecp.a 
"DO na Ep.a'Omb rec
a 1"11, l1mp. noco rapr na Eral'O r lata 
2smle. 


1 lrluch i, ,aid, <fc. This is also a quotation from some ancient law book. 
. II not safe. The meaning of this passage seems to be, .. in all cases in which 
the actual crime of theft entails no penal consequences by reason of the folly of the 
thief, in all auch cases the boasting of hat'i..g committed the thift, also by reason of 
the folly of the boalter entails no penal consequences; or, according to othm'l, 
although the actual theft, br reason of the folly of the thief, entails no penal con- 
sequences, yet the boasting of having committed the th
ft is not by reason of the 
full)' of the bOR,tcr free from penal consequences." 



TIlE BOOK OF AICILL. 


113 


always in the habit of boasting, it is less likely that the TilE BOOK 
deed was committed by him, and it is right that there AI
I
L. 
should be no fine upon him for "much is said through 
aggravated anger and the folly of mental disturbance."1 
AJ3 long as theft, is safe in consequence of folly, so long is 
boasting through folly safe also; or, indeed, according to 
others, though theft is safe in consequence of folly, the 
boasting thl.ough folly is not safe; 2 for restitution is exacted 
from the thief, but it is not exacted from the boa,>ter. 
What is the difference betwpen this (the 'j.ule of lwlf-fine) 
and the case when it is said "though one should boast of a 
thing which he did not do he shall not be fined for it?" 
The 'maxim applies to a person who was in the habit of 
boasting and the 'j'ule to a person not in the habit of Loast- 
ing, for it is the frequency of the act that is estimated. 
Every person under obligation of hospitality. must .1r.Br
ID!J' 
have roads to his bouse. 
That is, some of these following are exempt fJ'(Yrn CO?n- 
pulsm.y lwspitaWy for their nobility, some for their non- 
age, some for the shame of it, some for their madness, and 
some for their old age. 
Kings and the septenary grades, and the 'airchinnechs' 
of the' cill' -churches, whether they have Or have not taken 
protection,3 are exempt from the liability of supplying food, 
and from liability on account of kinsmen. 
The chieftain grades, if t.hey have not taken upon them- 
selves protection, are exempt from the liability of 8upplying 
food, and from liability on account 'of kinsmen. 
If they have taken upon themselves protection, they are 
not exempt from the liability of supplying food, but they 
are from liability on account of kinsmen. And that is a 
privilege of the septenary wades, because the other chief- 
tain grades are not exempt. 


I Taken protection. This in English won1d mean, .. to ha
e become vlI.sals or 
placed themsel
es in manu of some one. " It indicates some act by which the status 
was lowered. Here and elsewhere the phrase may perhaps mean that such persons 
have obtained protection from, or exemption from the burdens incident to their rank. 
VOL. III. I 



114 


leba11. a1cte. 


TUF BoOK l
a EPat'O ré\l1e, mUl1ap Eabra"G raeram op1 10 , \raep 
OF' 
AU'II.L. 1(("G ap. C\l1at'O a mb\'O, ocur 110CO rae11 ap ct1lam l1-mbleo- 
Eal1. ma po Eabrm; raeram oppo, 110CO raep 1(("G ap 
C\l1ut'O a mb\'O, Ocur 110CO raep ap Ct1lat'O \l1bleOEwl, ocur 
"tlOCO I1Ut1 111 'Oo\b aC"G rcpepaU a 'OualEUr a m11'Op aCW r, 
ct/'tlf.', ! I
.
 mar a \11'OPWC, ocur mana h\I1'OpatC, 110CO l1u\1 l1ac 111. 


1Ja bp\t15at'O, ma 5abat"G '00 lá\m 111 bp\UEamlac"Ga '00 
COI1Ebatl, aC"G mUl1ap Eabra"G raeram oppa, 'raep 1m; ap 
C111at'O a mb\'O Ocur ap C\l1at'O t1lbleoEal1. ma po Eabrm; 
loraer am oppo, ocur 110CO raep ta"G ap c\nat'O a mb\'O l1a ap 
C\11at'O mbleOE((11 ; ocur 110CO I1Utl el1eclal111 'Ootb aC"G ma'O 
eneclal1l1 t1l bo-atpec me'OOl1atË, 110 \11 bo-atpec '1' repp; 
co 11'Oel1am ma"Ghl1ra bp1uEa'O 'Oa "Gochur reë-cap raer am ; 
OCl1r muna 'Oepl1a"G, 110CO l1u\l l1ac 111 aC"G rcpepaU a 
15'l>11alEl1r a 111n'Opacatr, mara t1l'OpatC, ocur mUl1ab '111- 
'OtlatC 110CO 111111 l1ac 111. 


.s-s'l &JIf 

'bqq. ç' 


C.l,3!JQ. [a me1C all,a re\fllL] cm ael1pll, FOtl rtuaË, [cm r t01 E1l 
C.2,353. Fot1. aenpt1.]. 
 
 t- ct'1M\.1M e.
353 


.1. mara "GapEl1'O e\Cl1e 110 al1rera "Gucar"Gup oppu '00 
w'Oel1am 111 mapbi';a, cta "Gat11\"Gep cell co "Gatp1"Gep aer 
"Gatpce, \rlal1 c111b'Oera '01C 'Opp "GatpC1 amach al1l1 .1.r eC "G 
cl1mala. 
C.l,588. 111a "GatlEu'O (111'\, Ocur map ael1 "Gapi';ur ta"G, map ael1 
[icat"G] reC"G ct1mala a cU1b'O\ur, OCl1r 1ca'O rep "Gatpce 
2. S "Gpta11 11a reC"G cumala a 'OualEur a "Gat11C1; ocur x Cl1 "G- 

-(t.f C ,çn puma pe ae11 re1-r 'Oon 'Oá "GJlwn atle a 'OualEUr a 
tá\me. 


mar e1rem po acp(('O (no 1:apar) ann, ocur 111 "Gapur 
1((t:;p1fn, aC"G mar a naenfEct:; po hacpa'O he 1111 pach a 



TilE nOOK OF AICILL. 


115 


The inferior grades, if they have not taken protection upon THE BOOK 
them, are exempt from the liability of s1tl'plying food, but AI
I
.L. 
are not exempt from liability on account of kinsmen. If 
they have taken protection upon them, they are not exempt 
from the liability of snpplying food, and they are not exempt 
from liability on account of kinsmen, and they are entitled 
to nothing but a 'screpall' in right of their worthiness, if 
they be worthy, and if they be not worthy, they are not 
entitled to anything. 
The farmers, if they have undertaken to support obligatory 
hospitality: but have not taken protection upon them, are k

.B,'etly_ 
exempt from the liability of supplying food and liability on · 'p. 
account of kinsmen. If they have taken protection upon 
them they are not exempt from the liability of sL'pplying 
food, nor from liability on account of kinsmen; and they 
have no honor-price save only the honor-price of the middle 
, bo-aire' -chief, or of the best 'bo-aire' -chief; a1ul this when 
they make good use, in hospitality,a of their wealth beyond 
the protection; and if they do not, they are entitled only to 
a 'screpall' in right of their worthiness if they be worthy, 
but if they be not worthy they are not entitled to any- 
thing. 
My son, that thou mayest know 'when the crime of 
one mall is upon a host, and tbe crime of a host upon 
one man. 
That is, if one man led them (the host) out by force or 
through theÜ. ignorance, to comm
t the killing, whether those 
led out have been arrested or not, the man who led them 
out pays out his full share, i.e., a fine of seven' cumhals.' 
If they were led out with their consent, and if they and 
the mwn 'who lell them out were arrested together, they pay 
conjointly a fine of seven' cumhals,' and the man who led 
them out pays the third of the seven' curuhals' on account 
of his instigation; and thB-plo opçpotil\R 9f O
 man of the 
other two-thirds in right of his hand. 
If it is he (the leade1.) that is st:ted;:or- arrested On the occa- 
sion, and they (the host) are not arrested, and if he is sued 
VOL Ill. 12 


O'1J/I,'9f 
C' '>8
. 


fMv
 
 J Itt-Á 



116 


tebap a,cte. 


TUE BOOK lalme, ocur 1m pach a "GalpC1, no C1'O ralne reë"G, ma 
AI
:LL. po aC"GalEe'O nac 1Cra'O aC"G nec"Gap 'Oe, 1ca'O ree"G cU1ìwla 
a 'OualEur a lmme ocur a 'OualEUr a "Galpce. 


mara ralne ree"G, ocur nip ae"GalE, In "Gan "G1cf1um 
J Tie 'OltEe'O 1Ca'O reC"G cumala a 'OualEur a t(nme, ocur 
"Gp1an reC"G cumata a 'OualEUr a "GalpCI; ocur 1n "Gan 
"GecaI"Gf1um pe 'OltEe'O, 1CaI"G 'Oa "Gp1an reC"G cumala p1f1um 
1 cU1b'Oer; no rect; cumala 0 cae f1P co '01a1pm1i;, 111- 
eCl11b'Oer, cenmoi;a 1n "Ga1nmpa11l'Oe Eabur aen "Grwn reC"G 
ocumal 111'O"Glb u11e ocur cU"Gpuma pe aen rer 'Oon 'Oa 
"Gre1111 b at le. 


mara 1a"Grom "Gapur ann, ocur 111 "Gapur e'r,Um, ae"G 
ma po Eubra-c rlan 'Oorum, no má: po 1cra-c [a CU1"G], 1n 
"Gan "G1cf1um tle 'OltËef> 1ca'O reC"G cumala a 'Oua15Ur a 
,;-tatme, ocur "Gr1an reC"G cumal a 'OualEur a "Gatpce. 


munap Eabra-c rlan 'Oorum, no munap1Cra"G a CU1'O,1n 
"Gan "G1Cr1Um pe 'OltEe'O 1ca'O rec"G cumala pe r61dlemaln 
"G01che'Oa, ocur "Gpwn reë"G cumal p1f1um. 


Upat11'O 'Olt5e'5 ap 111 relchemaln "G01che'Oa rtan '001b- 
':1"r1Um 'Oa cUI"Gf1um, ocur noco nupa1ltnn 'OllËe alp rlan 
'Oorrum 'Oa cl11"Gf1um. 11' e rat; fO'Oepa 1'111, C1n 1nbleOEa1n 
'Of1P "GalpC1 C1n f1P "GalpC1 'Oacpa oppo, ocur noco C111 
1nbteoEa1n 'Oaer "GalpC1 C111 f1P "GatpC1 'Oacpa oP11o, aC"G 
C1n f1P comE111ma cella. 


Ás-1\Ja pn'{:rcap. cm 'D1b 'DO Em. 
.1. 1nan'O C111'O"G1 aen f1P ocur C111'O"G1 rocha1'Oe 1 nuppa- 


I Non-participation. Tbat is, in the fine, i.e. non-contribution. 
. Ceriai"t!!. That is, tbe law in tbe cllse of certain proof (or the absence of certain 
proof) in the case of one man, Ilnd in the case of certain proof (or the absence of 
certain proof, in the case of many is the same. 



THE BOOK OF AICILL. 


117 


at the same time for the fine of the c1'ime of his hand, and THE Bomc 
for the crime of his instigation, or though it should be at AI
:
L. 
different times, if it was agreed that he should only pay in 
either of those cases, he pays a fine of seven 'cumhals' for 
the crime of his hand and for his instigation. 
If it be at different times (that they are 1"espectirely swil), 
and there was no stipulation, when he (the instigatul') submits 
to law he pays a fin
 of seven 'cumhals' on account of the 
c1'ime of his hand; and a third of seven 'cumhals' on account 
of his instigation; and when they (the persons led out) sub- 
mit to law, they shall pay two-thirds of seven' cumhals' to 
him (the instigator) conjointly; or, seven 'cumhals' aI'e 
payable from them severally ÍBi"-nMl p\U'tiÓp:.1tion ,1 except rÿ; Ie MY:! 
r 
the proportion which one-third of seven' cumhals' -bears to 
them all and the proportion of one man of the other two- 
thirds 'Which the instigator pays. 
If it is they that have been aITested, and he (th
 insti- 
gat01.) has not been aITested, if they have obtained an in- 
demnity for him, or if they have paid his share, then 
when he submits to law, he pays his p1'Op011;ion of the fine 
of Reven 'cumhals' on account of the crime of his hand, and 
the third of seven 'cumhals' for his instigation. 
If they have not obtained an indemnity for him, or if 
they have not paid his share, when he submits to law he 
pays a fine of seven' cumhals' to the plaintiff, and the one- 
third of seven 'cumhals'
. i.7" 

 ., 
The law enforces on the plaintiff exemption to them from 
his share, but the law does not ,enforce on him (the plain- 
t
fJ) exemption to him (the i11stigat01.) from their share. 
The reason of this is, it is the liability of a kinsman of an 
instigator to be sued for the crime of the instigator, and it 
is not the liability of the kinsman of those who have been in- 
stigated to be sued for the crime of the instigator, but the 
crime to be charged against him is that of a participator. 
IVhen it is not known wbich of them did it. 


That is, thecertaint y 2 respecting one man anù the certainty 
respecting many in the 'urraùhu
'-law is the same as the 



118 


Lebap, alcte. 


TIlE nOOK 1)Ur OCur Cl111)'t:;1 
OF 
AIcn.L. Cl111)'t:;1 r ochc( 1)e 
11' << CCUI1 <<'t:;<<. 


<<ell PlI, <<CCUI1. 111 1)eli';b111 Ult l<:1yt 
In ul1yt((1)Ur ocur Cl111)<:1 ((el1pyt (( CCUI1, 


111<<1' a I1UptW1)Ur 1)0 POI1((1) 111 m((pb(('õ, OCU}' C11l1)'t:;1 
S- COIW1) twi';cu b, C11) ((ell feyt Cl1) 1'och<(11)e, lCCU't:; t111e r ecc 
cum<<t(( ((m ((ch , OCU)' k(eL 111 "C((el1m((1) yt((1111 f1ChlC 1)<< 
el1eclcul1l1 yte fell 111 fepcnl11). Sec"C((yt mmE111 1'111; ocur 
lei'; m((r (( mcuÈl11, OCU1' t<<n Pl 1 com<(1)Wr e"Cuppu fl 11 
fculte'Õ cl11't:;mÈ. 


-0 1nara CUll1)"Cubmll"C COI1((1) u<<i';cub 1)0 11011<(1) 111 111((PÛ((1), 
lccæ w"ChEl11 ((!1wch, Ocur 1C(1) ret1 1n fepml1l1 111 "C<<el1m<(1) 
P<<l1ll PCh1"C 1)011 m"Ch5111 }'111; ocur 1((11 pp com<(1) m r 
e"Cuptl<< i';((U fIll fmUe'Õ c111"CcnE, oeu1' Pl 1 ((P cel111m b 
uai:1b ((m((ch. 


/5 111((1' (( CWI1 ocur roch((11)e, ocur C1111)"C! COI1((1) ucæhwõ 
1)0 11011((1) 111 m((pba1), 1C(("C 1'ec"C cum((l(( ((m((c, Ocur 1Ccæ 
111 ((el1111a1) 11atl11 PCh1"C 1)<< el1eclmllll fO rec"C pe fep 111 
fepcnl1l1; 1((11 Pl1 Com((1)m1' e"Cup1lu 1-11 1 fatUe'Õ c111"CwE. 


mar<< CUI111"C((bcn}1"C COI1((1) ucæhcub 1)0 }1011((1) 111 m((flb<<1), 
:/.01C((1) reë"C I1m't:;11Ee11<< ((m<<ch, OCur 1C((1) rep 111 fepml1l1 111 
"Cae11m((1) 11m\1) PChl"C 1)0 c((ë mdlE111 1)0 11(( rec"C llw"Ch- 
Eel1((; no COI1(( hlCall11 ((ch"C 111 "C<<el1m((1) }1((1111 pc111C 
1)((el1 mdrS111, no lei'; <<ell atdrSl11; ocu1' 1<<11 Pl l COm((1)<<r 


1 The precinct, The Irish word translated 'pr"cinct' meant a portion of land 
of vnr) ing extent, I) ing rouneI the hOUBe of a chief or high church dignitary; e.g. 
the land extending one thom.aml paces round the house of a bishop constituted his 
, D1l1ighin' or precinct. Other' maighins' are defined as extending as far round 
the house of a chief or ecclc<ia,tical personage lIS the sound of the bell or the crow- 
in
 of the cock cnul<t be heard. Some \I ere enclused, others wcre 1I0t.- ride u'D. 
601l, c. lï
3, 2138,2631. 



THE BOOK OF AICILL. 


119 


certainty respecting one man in the' cain '-law. As to the THF: BOOK 
difi
rence which subsists between the cerlaintv respecting OF 
J AICILr.. 
many in the 'urradhus' -law, and the certainty respecting 
the one man in the 'cain' -law, it is in the 'cain' -law it 
(the diffcrence) is. 
H it was in a distl'ict whel'e ' ulTaùhm! -law jIl'ev(Ûled, the 
killing has been committed, and that it is certain that it was 
by them (the inlwbitants vf the distrid), whether one man 
or many, they all cUT/jointly pay a fine of seven 'cum- 
hals' out, and they pay the one-twentieth part of his 
honol'-price to the owner of the land. This is when thc 
killing has been committed outside the precinct;1 but one- 
half honoT-price shall be paid if within the precinct, and 
thcl'c is TcquÜ'ecl full appl"opriate denial upun oath among 
them for neglecting to arrest the criminal. 
If it be doubtful that the killing was committed by them 
they pay compensation 2 out, and the owner of the land pays 
the one and twentieth parlof that compensation; and there is 
1'equired full appropriate clenutl upon oath amung them 
'within for neglecting to arrest the criminal, and denial Up01L 
oath on the part of the chiefs from them out. 
If it be in a disllict where (cain '-law p1'cvails, and there 
be many concernc(l, and it is certain the killing was com- 
mitted by them (the inhabitanttJ of the dist1'ict), they pay 
((, fine of seven (cumhals' out, and they pay seven times 
the one-twentieth part of his honor-price to the owner of 
the land; there is 'I'equirecl full appropriate denial upon 
oath among them for neglecting to UITcst the criminal. 
If it is doubtful that it was by them the killing was com- 
mitted, they pay seven compensations out, and the owner of 
the land pays the one and twentieth part of each of the 
seven compensations; or, acconling to otllus, he pays but the 
one and twentieth part of one compensation, or half compen- 
sation; and thue is 1'cquired full appropriate denial upon 


D Compensation. The word . aithgin,' hcre translated compensation, means in 
general re.titntion of a thing itself or its exact equivalent in kind. Here it evi- 
dently means the "fine of atonement," the pa)ment of "hich replaces (restitute.) 
an parti8S ill their former po.ition. 



120 


tebatt a,cte. 


TIlE BOOK 6"GUppU t'aU frl fa1Ue"O CI11"Ga1"O, ocur flP O'p Cel1l1a1b 
OF .. 
AICILL. um;a1b amach. 
Canal' a nsabap 111 "Gael1m<ro pal1l1 flchl"G 't)o caë 
a1'<:;hEII1 "00 l1a reC"G 11a1"GhEel1a "00 1C "Opp 111 fepml1"O 
S 111 a cl11111"Gaba1p"G 1 ((mUlt m;a 111 ael1ma"O pal111 pc111"G 
't)o cae 611ecta11111 't)o 111 a CII1"O"G1. 11' ar Eaba1p 1'1 11 , 
mt1"O fin rOma111e ra1E1"O ra151"0 fO l1a 110 tlma Cl11a1"O. 


1/ t '2-353 



Jt
 
_ 'j:
 S-} 


mar a ael1"Otl1116 a Ca111, OCur CII1"O"GI COl1a"O um;l1alb "00 
pona"O 111 mapba"O, 1C<ro ree"G cumata amac, OCur Ica"G 111 
ID ael1ma"O pal1l1 pc111"G "Oa el1ectml1f1 pe fep III f e pml1l1; 
Ocur tall pp coma"Oa1l' e"Guppu f;aU fPI fmUe'Ò CII1"Ga1"O, 
ocur pp ap cel111mb uat'wb amach. 


mar a CUI1I1"Gaba1F"G COl1a"O um;hmb "00 T1.111a"O 111 map- 
ba"O, Ica"O a1"GhE'11 amach, ocur Ica"O fep 111 fepwl1"O In 
JS a-el1ma"O pal1l1 flchl"G "0011 a1"GhE111 r,n j ocur tall pp coma- 
"00'11' e"Gat1pu f;att rt'u fO'1Ue'Ò CI11"GO'1E, OCU1' pp ap Cel111a1b 
um;hmb amach. 


mar a 
p(þumarc "Ouppa"Omb OCU1' "00 "Oeop(("Oa1b ocu1' 
"00 mtlpcmp"Glb ocur "00 "Oaepa1t5, Ica"G In tuc"G 't' mo t((n 

"ann ImapcpO'1'Ò j ocur "GeCa1"G a cU1b"Oe1' "00 cum In toc"Ga '1' 
tuÈu tall al1"O, ocur comlcm:; e"Gappu. 


C. 2353. 


[1n reUac po bU1 ac relUcec"G 111 1Ú111 "00 íc 
ap a cel1"O 
amac, 111Ú po fer mp Wt1"Oa111, aè"G] múra mó 111 tall po 
1ca"O "Oap a cel111 amach l11a 111 tan po "Otec"G "Oe. Ica"Ot'um 
7ó 111 tall po "Otec"G "Oe fell1 amnch cOlla pach t'e1111'Ò j ocur 
1ca"O pach 1'e1111'Ò l1a hlmatlC]l<roa p l r III fep amach. 


mar a tUE(( 111 tan po Ica"O "Oap a cel1"O 111a 111 tall po 
"Olec"G "Oe fe111, 1Ca"01'Um In tan po IC<ro "Oap a cel1n amach 
CO nO' pach reltlrö, ocur Ica"O a 1mapCt1m'Ò amach. 


I TI,e C1"Íme. This is a quotation from some ancient law-book. 



THE DOOK OF AICILL. 


1
1 


oath among them within for neglecting to a'J'rest the criminal, THE BOOK 
and denial upon oath on the lJart of chiefs from them out. AI

Ll.. 
'Vhence is it derived that the one and twentieth of each 
of the seven compensations is paid by the owner of the land in 
a case of doubt? It is as he gets the one and twentieth 
part of every honor-price in a case of certainty. And this is 
taken from the 1'ule; "he (the owne1. of the land) is entitled ,., 7 
to sue for 
s, according to or on account of the crime."l 
If in a d
t wlw1'e 'cain '-law prevails, if it is one man 
that has been killetl, and it is certain that it was by them the 
killing was committed, they (theinlwbitants) pay a fine of 
seven' cumha!s' out, and they pay the one and twentieth 
part of his honor-price to the owner of the land; and there 
is required ftùl appropriate denial upon oath among them- 
selves within for neglecting to a1'rest the criminal, and 
denial 'ltpon oath on tlw part of chiefs from them out. 
If it is doubtful that the killing was committed by them 
(the inhabitants), they pay compensation out, and the owner 
of the land pays the one and twentieth part of that compen- 
sation; and thue is 1'equÜ.ed full appropriate denial vpon 
oath among them within for neglecting to arrest the criminal, 
and denial UpO'lL oath on the part of chiefs from them out. 
If it be by a mixed body of native freemen and strangers 
and foreigners and 'daer'-men that the killing was committe(l, 
they who have the largest full h01wr-price pay a p1'oportional 
excess;- and they come into participation with those who have - Ir. The 
leastfullh2n01.-pnæ,and they th'ltspayequallybetween them. eXCU3. 
If it be found out of a looke; on that he was looking on 
at the payment of the full 'm'Í{;' -fine for himself out, and if 
the full a'flWltnt which was paid for him out was greater 
than the full amount which was due of him, he pays 
the fun amount that was due of himself and the fine for 
looking on at the paynwnt; and he pays the excess of fine 
for looking on to the man outside. 
If the fUll amount which was paid for him is smaller than 
the full anwunt which was due of him, he pays the full 
(WWU1Ú which had been paid for him out with the fine for 
looking on, and he pays the eXCess out. 



1 ')') 
--" 


Lebap. alcte. 


TilE BOUK 
OF 
AICILL. 


t11ar(( clrc11Uma 111 1((11 po ICa'O 'Oap a cel1l1 am((ch oct1r 
111 1((11 po 'Olect; 'Of'I1'1um, ICa'01'Um 'OIEbml (( lálme plr 111 
rep ((m((ch, COI1(( p((ch r61t11'Ò. 
111 'OUI11e po bl (( p(('Ol1mre 111 lml1 1'111 ac (( IC am((ch, 
6' no cen co pOI be, m(( po p"C1p (( IC ((m((ch, IC(('O UPP(('Ò mt;h- 
E111 (( cot;(( co cet;hpU1me 'Olpe (( co"Ca, OCt1r co ce"Chpll1me 
el1eclml1ne; IC(('O 'Oeop((11) ((1"ChE111 a co"C(( con oc"Cm(('O 
'OIPI (( co"C(( ocur co oc"Cma'O el1eclmnne; IC(('O mU1pcmpt;1 
((1"ChEln a co"Ca OCt1r In relrl'O pann 'Oec 'OIPI (( eo"C((, ocur 
/0111 relf1'Ò r((l111 'Oec a eI1ecl((1Il111. 



1'O IC((r 'O((er 1 CCI"ChEI11 (( l((l1a bu'Oéln 'OIC '00 'Oaep co 
na pach reI111'Oech"Ca. "Oa rec"Cmai> ocur In rec"Cma'Ò 
11((1111 'Oec 1m 'OUI11e, mane "C((rUr 111 amU1ch; ocur ma 
"Capur, rec"Cm(('O ocur 111 rec"Cma'Ò pann 'Oec. 1)a CU1ce'O 
/61m an ce"C bOln, CUlce'O ocur 'Oecma'O 1m all mb0111 "C anm r l , 
cl11ce'O ocur In cUlce'O )1al1n 'Oee 1m In "C)1er bOI11, cU1ce'O 
1m c((e bOln 0 13a 1'111 ((m((ch. 1)0 neoch na "C(()1ur ((mUlch 
1' 111 ; OCur ma "Capur, I}' Ct11ce'O 1m an ce"C b0111 ocur 
'Oecm(('O 1m 111 m b01n "Canmr"C1 ocu1' 111 CU1CI'O 1ta11n 'Oec 
1;>1m In q1e1' bOln. 


1e<:;h OCt1r o(;"Cma'Ò 1m 111 ce"C ech, let; OCt1r rel1'1'O pann 
'Oec 1m an ech "Cal1mr"C1, let; OCt1r In 'Oapa pal1n 
"Cp1ca"C 1m 111 "Cpe1' ech; le"Ch 1m cach nech 0 i;a 1'111 
amach. 
u 1)0 neoch na "Ca)1t1r amU1ch 1'111; ocur ma "Capu1', oct;m(('O 
1m In ce"C ech, ocu1' 111 rel1'1'O P((1111 'Oéc 1m In ech "c((1 W1 1'"C1, 
111 'Oapa pal111 ql1cm; 1m all "C)1ear ech, ocur noco 111111 ni 
a nech 0 fa 1'1n amach. 
C.g,354-5. [már U)1)1a po bui a5 re1UCeC"C [1n lá11l 'Oie amach], 
3<> ocur 11' é re1n '00 p011111e 1n ma)1õa'Ò, ocur po reI' [1n 
ma)1tJa'Òl ((1p 1<<)1'Oml1, ica ré rec"C cumala 1mae, ocUt' 


1 Th
 emptying of his halId. That is, the amount which he hall emptied his hand 
of, or had paid. 
2 The eqllirale1/t. That i" a 'daer'-man repays to those who had paid it for him 
the full 'eric '-fine payable by himself. 



THE BOOK OF AICILL. 


1
3 


If the full amount which was paid for him out is equal THE BOOK 
OF 
to the full (lmount which was due of him, he pays to each ÅR'ILL. 
man the emptying of his hand lout, with the fine for looking on. 
The person who was present at the payment of that full 
amount out, or who, though he were not p?'esent, knew that 
it had been paid out, pays if he be a native freeman, restitu- 
tion of his share with one-fourth of the' dire '-fine of his 
share, and with one-fourth of honor-price; a stranger pays 
restitution of his share with the eighth of the 'dire' -fine of 
his share and with the eighth ofhollor-price ; a foreigner pays 
restitution of his share anù the sixteenth part of the ' dire'- 
fine of his share and the sh::teenth part of his honor-price. 
'Vhatdoes a 'daer'-lllan pay? The equivalent 2 of his own 
full' e?-ic'-jìne is paid by a 'daer'-man with the fine forlook- 
ing on. Two-sevenths and onc-fourteenth for a person, if 
nothing has been got outside; but if 8O'Jnething has been got, 
one-seventh and one-fomteenth a?'e to be paid. Two-fifths 
are due for the first cow, one-fifth and one-tenth for the 
second cow, one-fifth and one-fifteenth for the third cow, one- 
fifth for every cow from that out. This is when nothing has 
been got outside, but if sometkin!] has been got, it is one-fifth 
that is due for the first cow and one-tenth for the second 
cow and one-fifteenth for the third cow. 
One-half and one-eighth a'/'e due for the first horse, one- 
half and one-sixteenth for the seconù horse, one-half and 
one-thirty-second for the third horse, one-half for every horse 
from that out. 
When nothing has been got outside, this holds good; but if 
something has been got, one-eighth 'isdae for the firr,t horse,and 
one-sixteenth for the second horse, and one-thirty-second forthe 
third horse, and there is nothing due for a horse from that out. 
If it was a native freeman 3 that was looking on at the 
full payment out, and it was himself that committed the 
killing, and the killing was found out of him afterwards, he 
pays out a fine of seven 'cumhals,' and they shall levy the 


3 A nativefruman. The words within the secon<l brackets in tbis interpolated 
portion are corrections made by Professor O'Cnrry in his 0\\ n Trallscril't of 
Egerton, 88, 27, b. &. in the British lIIuseum. 



124 tebap. U1cte. 
J.,o- 
TIlE BooK t;01b'set;flm 'l>15ba\> 1 lálme 1mme; ocur mtm raËõmt; 
011' 
AICILL, r,m 'l>rsba
 1 lálme Imme, ícarlm fin 1t1t!, co pachmb 
reIUCeet;a. Ocur '1' W'O na 
élt; t;reIUceet;a hI r'n; 
cet;fl1me 'l>1p.e, ocur oel;ma'O 'O'p.e, ocur mle 'l>é5 cetp.lme 
s'l>1p.e, 1m reot;mb 'l>wball;a, OCur Inl 'l>a0111mb. 


mára 'l>eop.al'ö p.o ba01 ac rmUCeel;, íca na pac 1mae; 
ocur '1' é 
é111 'l>0 p.01nne 1n map.ba;;, ocur p.o 
ear mp. 
wp.'Omn, íca ré let; reet; cl1mala 1mae, ocur t;01bËrn:;rlm 
'l>15ba;; 1 lál111e 1mUIË; OCur muna 
aËt'Jaq'1m 'l>15t'Ja;; 1 
IC lmme, icarlm P.IU, co pachmb re1UCeCl;a. Ocur '1' Wt;lj 
na 
élCh t;reIUcect;a r,n: oct;ma'O 'l>1p.e, OCur 111 rmre'O 
p.ann 'Oé5, ocur In cet:;p.lñle p.ann 
lëlt; 'l>íp.e; oël;ma;; 1m 
rét;mb'l>wbalt;a, ocur 1m 'l>a1111b. 


mára mup.eup.t;a po bU1 ac rmUCeel;, ica na pach 1 
/5 lá111 Imae, ocur '1' é 
é111 'l>0 p.01nne 1n map.ba;;, ocur p.o 

ear mp. wp.'Omn, íca ré let; reël; cumala 1mac, ocur 
t;olbËel;f1m 'l>15ba;; 1 la1me 1mulË; ocur muna 
atuat;- 
r,m 'l>15ba;; 1 lálme, ícat'lm P.1U co pachmb t;reIUcecl;a. 
Ocur '1' 1({t;lj na 
élCh t;reIUcecl;a r'n, relf1'O p.ann 'l>é5 
1DOCU1' 1n 'Oap.a p.ann t;p.,cal; ocur 111 l;Oct;ma;; p.ann cet:;p.acat; 
'l>1p.e; 1'611"'0 p.ann 'l>é5 'l>1p.e 1m rél;mb'l>wball;a, ocu1' 1m 
'l>a1111b. 


má1'a 'l>aop. p.o bU1 ac r61Ucecl;, íca na pac, ocur '1' é 
ré111 '00 p.oln'Oe 111 map.ba;;, ocu1' p.o 
er mp. wp.'Oá11l, íca 
"ré cumal ml;h5,na 1mac, ocur l;01t'J5el;flm '015ua;; 1 
lálme; ocur muna 
a5bal;r'm 'l>15ba 1 lálme 1mU1e 1- 
caflm P.IU, co pachmb reIUCeCl;a. Ocur '1' Wl;t; na 

élCh t;J'eIUCeCt;a h'r111: 'l>á CÚICI'O '1' 111 cét; ré'O, CUIC1'O 
ocu1' 'l>ecma'O '1' In 1'é'O t;a111t'1, CÚ1CI'O ocur 1n CUIC1'O p.ann 
J.,'l>éc '1'111 t;p.er 1'ét;; 'l>á reCt;ma'O ocur 1n cet;p.lñ16 p.ann 
'l>é5 1m 'l>U1ne; let; ocur oct;ma'O 1m ech, no 1m rét;mb 


I 'Seth' of double. That is, in-calf cows, for whic1l, if etolen, maimed, or killed, 
pa:rment equal to twice the value wae to be made. 



THE BOOK OF AICILL. 


125 


emptying of hiii hand outside; and if they do not find the THE BOOK 
emptying of his hand outside, he shall pay that unto them, A1

L. 
together with the fines for looking on. And these are the 
fines for looking on: one-fourth of 'dire'-fine, and one- 
eighth of 'dire'-fine, and one-twelfth of one-fourth of 
'dire'-fine for' seds' of double} and for persons. 
If it was a stranger that was looking on, Ie pays the fines 
out: i.e., if it was himself that committed the killing, and 
it was found out of him afterwards, he pays a fiM of one- 
half of seven' cumhals' out, and they shall levy the empty- 
ing of his hand outside; but if they do not find the empty- 
ing of his hand outside, he shall pay it unto them, together 
with the fines for looking on. And these are the fines for 
looking on: one-eighth of 'dire' -fine, and one-sixteenth of 
'dire'-fÎlle, and the one-twenty-fourth of 'dire'-fine; one- 
eighth for' seds' of double,1 and for persons. 
If it was a foreigner that was looking on,..he JmYs the 
tines in full out, i.e., if it was himself that committed the 
killing, and it was found out of him afterwards, he pays a 
fiM of half seven' cumhals' out, and they shall levy the 
emptying of his hand outside; and if they do not find the 
emptying of his hand outside, he shall pay it (thefin
) unto 
them, together with the fines for looking on. And the fines 
for looking on are: the one-sixteenth, and one-thirty-second, 
and the one-forly-eighth of' dire '-fine; one-eighth for cattle 
of double, and for persons. 
If it was a 'daer' -man that was looking on, he pays the 
fines, i.e., if it was himself committed the killing, and it 
was found out of him afterwards, he pays a fine of a 
, cumhal' as compensation out, and they shall levy the 
emptying of his hand outside; but if they do not find the 
emptying of his hand outside, he pays it unto them, together 
with fines for looking on. And these are the fines for look- 
ing on: two-fifths for the first' sed,' one-fifth and one-tenth 
for the second' sed,' one-fifth and one-fifteenth for the third 
, sed;' two-sevenths and one-fourteenth for a person; one- 
half and one-eighth for a horse, Or for 'seds' of double; or 



126 


Lebap. Ulcte. 


TUB BOOK 'Owbalt;a; nO cum a 'lJå CUICI'lJ 111 'Sac rét: ce-Gap.'lJa t11te .1. 
OP . 
AICILL. C111 1U-G Inp.; at:cer um'Ëmb 111 'lJtl111e Imac ÓI1 mpeact: ann 
'lJ011 map,ba'lJ, ocur crccear cucu wpr all mal1ba1>. 


C. 1,3!n. 


1 1 1-4 
C
 


C.1,724. 


+pp')
\J-ß 
 


Ocur muna facur ucrchmb 110 cuccu Inp é, '1' cet:hap- 
"mp'lJ ocur cutúl11'lJ '00 l11ccsmtt: 1 tel-G l1el1', ocur t:elrt: ocur 
anl1t:elrt: 'lJO p.ICCSmt 111nnbrelCC]. 


U melC ((f1a Felfep. up.p.a'D FOP. r71P. n'Deorw'D, [ocur 
'Deop.cro FOP. r711ì 11 Uf11ìal'D J. 


.1. 'Oå t:pwn '01 pI 'Outa ul1p.m'lJ 'Oup.pa1> Ina 'lJUlt; aen 
o t:PWI1 'lJlpl 'lJuta 'Oeop.m1> '00 'lJ6011a1> Ina 'lJtl1t; ocur enec- 
tanl1 'lJO cecht:((1 1 'Oe fO mcne'lJ tUI no de,i',. t il /o If. '1 


Set: rmn fUlt 1n11 In up.pa1> ocur In 'lJeop.m1>, 'Oå t:pwn 
ac 111 up.p.a1> an'lJ, ocur aen quan ac 1n 'Oeop.m1>; OCUr'lJa 
ma'lJ ac neOCh'lJlb 111 ecmmr a célte 110 belt:h he, 110 bcro 
tall 'lJ1P.1 mClnt:a a re01t: 'lJ0 bpelt:h 'lJ0 [11' te1r fé111 a '01p.e 
OCur a m-GË111 ocur a enedanl1 'San n1 'lJ011 d mte a1']. 
tllår ap. fochlWIC t:uccro 111 fep.ann, a féËa'O ca foch- 
pmc ap a t:uca'lJ he :-In fochp.mc act:m'Sh no 111 foc11mc 
'00 petp. 'lJ11'SI1>. act: mara fochp.mc acht:mE;t;" 'T' a b1t:h 
lD<<11 1n acht:u'Sa1> rmn. mara fochp.mc 'lJO p.elp '011'SI1>, 
<<ct: mar 'lJa t:p.eaba1> ocur '00 cmdl1um a fe0111 ocur a 
UlrCI t:uca'lJ 1n fep.ann, '1' t:p.wn cach ne1ch torar ocur 
<<rar ocur 111folp.bl1er mp. 0 -G1P. 'lJP11 1n fepa111'lJ; ocur '1' 
cet:fa1'lJ cem'lJml' l'e01t: ac na beldl 111'lJtU1' no 111OP.bml1t: 
15'00 bep.'Ëa mp., combe'Ë 1'mn a1't:u. 
1 Quad,"'ple 'led.' That is, one for which fourfold restitution had to be made. 
. C tharai,.d. That is, literally, 'the four points,' meaning the four surrounding 
town1and
 nearest to the place to which he had been tracked from some other place. 
s Culaird. Literally, 'the Lack points; th.1t is, the four tuwnlan(ls ncarest again 
to 'the fuur points.' 



TilE BOOI{ OF AICILL. 


1
7 


it might be two-fifths for every quadruple' sed," i.e. without THE BOOK 
any interest at all; but in the last case they had seen the AI

L. 
person at a distance from the meeting at the killing, and 
they saw him corning to them after the killing. 
But if they haùn't seen him at a distance from them, or 
conâng towards them at all, it (the case) is ruled hy · cethar- 
aiI'd '2 and . culaird '3 with respect to him, and it is ruled by 
trustworthy witness or untrustworthy 'witness with respect 
to them. 
My son, that thou illayest know the lWI' lchen a 
native freeman is on the land of a stranger, and a 
stranger on the land of a native freeman. 
That is, two-thirds of the . dire '-fine for the native free- 
man's beast is paid to the native freeman for his beast; 
one-third of the' dire '-fine for the stranger's beast to the 
stranger for his beast; and honor-price is due to each of 
them according to the nature of minor and nU\jm (
". 

!k). 
If a · sed,' owned in common between a native freeman 
and a stranger, has been stolen, two-thirds of the fines fm' it 
((J.e d1!e to the native freeman and one-third to the stranger; 
but if it belonged to one of them independently of the other, 
only the full . dire' -fine for the' sed' according to its kind is 
to be given to him (the ownu). or, acconling to othC1.s, the 
· dire '-fine and restitution and honor-price belong to him- 
self, the other person getting nothing out of it. 
If the land has been let for hire, let it be seen what hire 
it was let for :-whether it w3;s a stipulated hire or hire 
according to law. If it is a stipulated hire, it (the payment) 
is to be according to that stipulation. If it is hire according 
to law, and if it be to plough it and use its grass and its 
water that the land was let, the one-third of eV61ything that 
multiplies grows and increa.ses from the land is due to the 
owner of the land; and it is the opinion of lawye1's that even 
though it wa.s cattle which did not produce or increa.se that 
were brought upon it (the land), that it (the rent) should be 
got on account of them. 



128 Lebar. a, cleo 

f'
 ,,'1- 1-'--1" 
THE lJOOK mar "00 CQn:;h,m pe01p. flamå 'r [annrl'Õe at;a], feap. 
OF .. b .. 1 b .. b 
AICILL. a"Om'S fect; m U 1 t;1P. a cel e, facm In rect;ma"O 01t1 
c. l,ï25 . "Ow blw'Õmn [1f 1t1 fochp.mc]. ..OCur 1t1 t;oet;ma't> 10'S bo "00 
C.491. cmp.1b na t;UC ap. ålP."O. Comlo'S In bo OCUf na cmp.I'S OCUf 
of 1n fochp.mc annpn. OCur 're"O If fochp.mc COIP. ann CUt;- 
p.umur feCt;mam ann ocur oct;ma"O co na t;abmp.t; P.lf, 
c. 1,ï25. [ocur oct;ma-o co na -Eabmp.t; p.1r fla ca01p.1
;]. 


c.' 

, IY "oz. 1J >C 
11' It
 ,I{s 


maf "00 chmt;h1Um a fe01P. ocuf a UlrCI t;uca"O 1fl 
feap.anfl, ocur p.o acht;m'Se"O a ne1mt;p.eba'Õ, CUIC feolt; 
" ann; ocuf "0111'1 1fl ne1Ch al1t;mp. anfl co na fIt 0 uP.l1a'Õ; 
let; CU1C ret;, ocur "011}'11n nele ap.t;mp. anfl co na f11 0 
"Oeop.m'Õ; cet;hp.am-Eu CUIC fet; ocur "O11}'1 1t1 nelch ap.t;mp. 
ann co fla fll 0 mup.cmflt;1 ; "011p1t1 11eICh aflimfl ann co 
fla }'11 0 "Oaep.. 


,I( mUnafl act;m'Se"O a flemt;p.eba'Õ 1t;lfl flafl "Oorum a 
t;p.eba'Õ, act; na t;alfl fep. bUllm"O 1na cl1umch no 1na 
"Oermb he; ocuf "Oa t;mp., cae n1 "Ow t;p.ebtl1p.e fOP.1C 
comap.ba t;p.ebap. ap. a e111't> 1fl a -Elfl1r "Oller "00. 


foep.mc act;m'Si;, till 1t;1P. 1t1 cet; up.p.m'Õ ocuf 1n "Oeop.m"O 
:10 an"Ormn; ocuf foel1a1c "00 flelP. "Ol1'Sl"Õ till 1np. 1n uP.flu'Õ 
f1't>e1"Olnach ocur 1t1 "Oeop.m"O "Oel"Olnach; ocur "Oa ma"O 
foep.mc "00 flelP. "Oh'SI"O 110 belt;h 1t;1P. 1n cet; up.p.a'Õ ocur 
m "Oeop.m'Õ, 1f re 1fl cet; up.p.a"O flo bep.a't> 1n t;flwn. 


Ca "Oeop.m'Õ "Oa't>a 1n lei; co cep.t;? Uflp.a'Õ p.o fácmb a 
., t;OeUf 1n a cp.lch bU"Oe1n ocur"Oo cum"O 1 CJl1ch mle Imach 
he: e01b"Oell1'SUf a C01P.p"OIP.1. OCUf flO fo'Slm"O up.p.ai) 
fllf amUlch, le-E COIP.p"o1fl1 ocur le-E eneclann "00 1t1 cae 
foËml "00 'Séflt;ap. P.lf. 


11 0 "OOflO 1f up.fla'Õ he 1fla CP.IC bu-oe1t1, ocuf lU<It;h- 



THE BOOb. OF AICILL. 


129 


If it WM to consume grass alone the land 'was let, this THE Boult 
is as 
 ij a man P laced seven cows on the land of another; he A OF 
lCILL. 
leaves one cow of the seven- at the end of a year as rent. And - 
it i<; the one-eighth of the value of a cow for an indefinite ;e
:;'tIhe 
number of sheepb. The cow and the sheep are of the same cow. 
value as 'reganl.oj the rent in this case. And the proper rent b I t r b . 8h" h 
 
no l"O1l9. 
is the equivalent of one-seventh, and the one-eighth to be forward. 
added to it, and one-eighth to be added on account or the. .lr. To. 
sheep. 
If the land was let for tIle consumption of its grass and 
water, and it was stipulated that it should not be ploughed, 
five'seds' is the fine for it (ploughing the laná); and the 
produce of the tilling, with the seed, shall be forfeited by a 
native freeman; the half of five 'seds,' and the produce of 
the tilling, with the seed, shall be forfeited by a, stranger; 
the fourth of five' seds' and the produce of the tilling, with 
the seed, shall be forfeited by a foreigner; the product of the 
tilling, with the seed, Lya 'daer '-man. 
If the non-ploughing of it was not stipulated at all he (the 
tenant) is safe in ploughing it, provided the owner does not 
seize it (the Ci'Op) in the rick or standing; and should he 
seize it, eVe1'Y part of his property which the Rgbtful owner 
finds before him on his land is forfeited to him. 
A stipulated hire is agl'eed on between the first me,b- 
tioned native freem
m and the stranger in this case; and 
hire according to law is between the latter mentioned native 
freeman and the latter stranger; and if it was hire according 
to law that had been between t
e first mentioned native 
freeman and the stranger, it is the first 7Mntioned native 
freeman that would have obtained the one-third. 
What stranger is he who has one-half by right 1 A 
native freeman who left his property in his own territory 
and went out into another territory; his 'body '-fine is 
reduced to one-half. If a nati,'e freeman of those living 
outside the territory has injured him, he has half' body'- 
fine and half honor-price for every such injury which is Jone 
to him. 
Or he (mho is entitled to one-half) IS a natÍ\'e fl.ccrnan 
VOL, III. K 



_7 
iÞ c
 t
 
f>'V
 ' 
c1J! 
 



1ilO 


Lebap. U1cte. 


TnE nOOK ... ... 
OJ' "OeOJlU1"O p.o fO
U11 p.lr ann; 1et::h C011 1 P"01P.1 Ocur 1ei:enc- 
AII.).L c1c(11n"Oo In"O. 


111 Inba1"O at::u In t::up.p.a"Õ ap. rel1ann rocp.acu, 111 "O eo l 1Cl1 1' 
bullCC"O lwC tell' allunn, '1' t::p.1an rp.lc1lf\c!1lw "00 bmp 1e'1' 
S' ((much, OClI1' qu<<n dpe racba1' -catt. 
OëllU1C act::mö b 
1111 Inp 
!: 'i)eop.m"Õ OCII1' In t::1I1lP.(1) UIl"Or 11l , 1Ia1P. "Oa ma'i) 
roëp.alc "00 llelP. 'Ol1EI"Õ '1' e up.p.a"Ò ÙU1lCl1"Õ 11\ rel1a1n'O p.o 
bep.a"O 11\ quan. 


mu"O 1'e 111 'Oeop.al1) 1111 all re)lann p.1I1"0 11 r 111 11111'(11"0 
10 bllnu"O rump. Lall, qUf!n h111J(11'O OClI1' q-l1C!1l n1H' r ucùlI l' 
n(n; ocu1' quan f)uclluma "00 bmp. tell' umach. 


bp.elt::henmal' ocur 1m'Oellmll '0011 1IP.1ut"Õ rop. 111 -o{'op(1). 
OCur <:tuan C01P,P"011u"Oo ù1ut "00, OCl11' l'BCnlta"O a maytù- 
cOllp"011U; Ocur a 'OIÙU"O 1I11e '{)o ùJ1e1t::h "00, mllna 1111 
bercna '00 lle pnechmp.e. 


CCf [", 
Il
 


o p.ac1lar 111 "OlI11\e 'OUp. 111 da"O no 'Oat'. 111 COP.a1"O 'I' 
lIera "00, act:: co t::uct::a1l p.ad, r U 1"Op.' "00 OCllr fep.mm 
fU1"OP.1, '1' r1l1'01p. '1' p.mn P.11', OCll1' r U 5 1la111 r UI "Op.1 ua'O. 
OCU1' '1' e mchne na f1l1"OP.1 : CI"O mop. nelch c0111ö l t::ep. alP., 
2' '1' e1ce1l '00 111 llUt::h "Oal1'ec ucm. no 111 r e pCnll1 'OracbúIL. 
Ocur C1"O rat::a bel' acon fOö1la1l1 '1' e1cean "00 1n f e p.a11n 
"Ofacbal1 r o "Oe01'O. Ocur COIC reOIt:: a p.at. OCU1' C1"O mOll 
1lelch mei'ur alP., noca ne1Ce1l "00 act:: alt:: h ö 111 cach nelch 
1Ilei:llr "OIC 110 cciJV 1e1ce elo'O, 110 "01ab1a'O wp. 1elCr11\ 
2r e1U1 "Õ. 


1 .4 <tipatated hi,'c.- That is, a delinite rent. 
. [[ire according to lalD.- The meaning would appear to be, that the compensa- 
tion fur occupation wa" left to he fheed hy law between the parties, in the CIII!e. 
. J/Illgmcnt and p,.oof.-'l'he native freeman was allowed to prove his own charge 
ng;aiust the stranger, auel prououuce ju<I
,;ment upon it. A chief had the same 
pmur o\"cr his' daer'-stoek tcuant and a church ovcr tenants of church-lands. 
\"ilL 
enchn.lIlc)r. YoL If.. p. :34;;. 



THE BOuK OF AICILL. 


131 


in his own territory, and a passing stranger has injured him TR" BnOK 
there; he shall have half body-fine and half honor-price AI

.I. 
for it (the i1JjllJ-Y). 
In the case in which a native freeman i.. upon hired land, 
unll it is the owner who is a stranger that has brought him 
in with him, he (the native f,.eeman) brings out with him 
one-third for his service, and he leaves within (behind him, 
Oil, the lanil) one-third for the land. In this case it is a 
stipulated hire l that is between the stranger and the native 
owner, for if it were hire according to law 2 it is the native 
owner of the land that would get the one-third. 
If it is the stranger that is upon the rightful land of the 
original native owner that he found within (on the land), he 
(the stranger) leaves one-third for the original owner and 
one-third for the land within (on the land); and it is one- 
thinl for his service that he brings with him out. 
The native freeman has judgment and proof3 as against 
the stranger, and he takes one-third of his life body-fine, and 
the seventh of his death body-fine; and he takes all his 
(the strange1.'s) effects nt his death, tmless there is a 
'bescna'-compact between him (the natirejreenum) and the 
family of the strangc/'. 
When a person has gone beyond the ditch or beyond the 
fence that is next to him, if the 8tock of a 'fuiJhir'-tenant4 
and the land of a 'fuidhir'-tenant have 'teen given to him 
by the landlm.d, he is to be called a ' fuidhir '-tenant, and the Cc F p 71, -77 
service of a 'fuidhir' -tenant is req'uired from him. And a 
, fuidhir '-tenant is of this kind :-however great the thing 
lUay be which is required of him, he mU8t rende,. it, or return 
the stock, or quit the land. And however long he may have 
heen in the service he must quit the land at length. Anù 
his stock is five'seds.' And though much he may fail in CCFI'" Afu:,cl.w9v<t
 
the rcpayment, he is not compelled to do more than make fw
! 
restitution for what he fails in until he absconds, or tlouble 
1.c8titution after absconding. 


4 'Fuidhir'-tffla>!,.-The .ocial po.ition of a 'fuidhir'-tenant appear. to haH 
been intermediat
 bet\\ccn that of a 'dacr'-stock tenant and a 'daer'-per,..u. 
\"OL. III. K 
 



THE Boolt 
OF .. 
Alcnl. 


(, .'p.7 
II 


(', 13()1. 


ct J ,,,.3'// 


r, 100" 


'l.




 
:..c r't C ,

 I 



 M:Z l,n 1 


132 


tebotl me! f'. 


Ù)lell:;hemnar ocur l11"Oenam ocu1' p(!TInmre '{I011 'tI1t111e 
fOP. a fm"OIP., ann111 '00 nelch fOP. a 'tIaep. rel1e; ocur . 
t;p.wn a beoc01)1p"Olp.e 'tI0 blHm::;h '00 ocur reë-cma-o (( 
mapbc01pp"OIP.I. 
S" a m61c, up,a f611'e1t eln lu'h fOP, ltl((1l'h, [OCt1f em 
(;t1au:;h1 f O l t tUb]. 


.1. P.1E e)'cmper cam OCl1r cmJl"Oe "00 5)1er, ocur nw-ch 
'1' mence uacht;nm;t;ur. 1 l' 1 md11le 111 cm11"Oe lan pach 
111"0 11e Il"Oechmm"O 1110 PI', ocur le
 paë 111a nanpr; 1an 
Ie fwch 111"0 wp. n"Oechmmi), cm PI' CI"O anpr. 1 n t;1 0 
n["O]mlenn In PI' '1' re ICar 111 tan pach no In le
 
pach; ocur noca nm1 appa amach wp. n"Oechmm"O, ocur 
f10CO nml ap.pa "00 P.IE no co "01::;bmt:e)1 a lam. 


'Vechmai) pe herCU1lle In Cm)1"Oe, OCl1r m; pc Im;:1eo"O. 
I" Ocur cmp."Oe blw'Ona 1'111; ocur 'Oamui) cmp."Oe 1111"0 1UEn 
na 1"11, In t;ml1mpml1"01 EUùur 111 'Oe"hm<rÒ no 111 m; '1'1 11 
bllqi)mn copub é 111 t;mnmpml1't11 1'111 r;ubur '1' In cmp"Ol 
b1C. 1 n n;' bw)' p.e hercmp.e, ocuY' mle "Oec pe Im;:1eo"O; 
J 
. no conw'D 'tIechm((i) pe hercmp.e caca cmp.'Oe [mle], ocur 
10 m te 'Oec p.e t m::;leo"O. 


1n a r a [0] PIE po 'Oml 111 PI' mllach, ocur 111 tuc In PI' 
amnc, ocur t;ua'Gh p.o [f] uach'G11at'S pe n"Oec11mmi), le'Gh 0 
PtE amach, ocur Let appa 0 'Gum
 a11wch, ocur le
 011 
t;umt; "Oon P'E, 



THE BOOK OF AICILL. 


133 


A person has judgment and proof and evidence. as against TilE BOOK 
his' fuidhir '-tenant, the same as one would have against his AI
:;'L. 
. dae!" '-stock tenant; and he gets the third of his life body- 
fine and the sewnth of his death body-fine. 
My son, that thou lliaye
t know when the crimp 
of the king is l'i8i
('d upon the people, and the crime 
uf tho people is vi.sitNl upon the king. 


Viz., it is the king th,d proclaims' cain '-law and' cairde'- 
regulations always, and the people that oftenest disturL 
them. T
a irdÐ' 1'E
gulatigR" comman d full fine before Jl,i., /Xi- 
ten days in case of knowledge, and half fine in case of Ilf c. 
ignorance; full fine after ten days, whether with knowledge 
or ignorance. The person who is bound to furnish the iufor- 
mation is he who pays the full fine Or the half fine; and 
there is no ftt'!!!!tagt'" out (to the otlle). party) after ten days, .Ir. Ilv<f- 
and there is no hostage k to the king until his (the l.:iJ/g's) Of/<-pld!le, 
hand has been emptied by the ])((yiu[J of the fine. 
The1'e are ten days for proclaiming the 'cairde' -regula- 
tions, and a month for ratifying them. And this is the 
1'ule in the case of'cairde'-regulations for a year; and if it 
be a case of' cairde '-regulations for a shorter time than that, 
the proportion which the ten days or the month bears to the 
year is the proportion which it (the slwrtCl" tirne for p1'OCÙL- 
'fnation) will bear to the shorter duration of the' cairde'- 
regulations. [This is wha
 shall be for proclamation, and A lJtfIiIv 
twelve days fur ratifying thern; or, there are ten days for 
proclaiming all 'cairde '-regulations of whatever duration, 
and twelve days for their ratification. 
If it was the king that was bound to send the informa- 
tion out, and he did not send out the information, and if 
the people violated it (the 'coi rde ' -1.eg ulation) before ten 
days, there is half fine from the king out (to the other pm.ty) 
and a hostage b due from the people out (to the othf']. IJarty), bIr. Half- 
and a hostage C from the people to the king. 


;

 
. Ir. Half. 


, And e"itknct.-- That i8, he can get hig own people to give cvidence against 
him, the' fuidhir'-tt.:'JI.Jllt haT"ÎlIg no pn'H'r uf plolll1ciug l"ountf'r-p,'i,lrnep. 




 



. 


134 


tebat1. mete. 


c. 1727. 


nlor 0 t:1I01'l::h )10 'OO1l 1'11' om((ch re 11'Oechmm'Ò, [ocu1' 
t:t1
 )10 I'll acnl at 5], lelt:hpo:ch OCllr let:h a)1)1O: 0 t:uan::h 
o:mach, ocur 110CO ntl1l 0)1)10: '00 )11F U(1)1 nar 'Ol;sba'O 0: 
lum. 

 CI7
 

 [m]o: '00: COb01r mO:)1 o:en, C0110:'O cet:hrU1me fwch 0 
cect:o:p 'Oe o:moc11, '1' lei; ((1111(( 0 t:llOlt:h amo:ch OCIl1' lei; 
((11pa 0 t:II01t:h '0011 P1E. 


THE DOOK 
OF 
AR"LL. 


CI'O 1'o'Oepa 111 bOlt '1' cpt:hptume po:ch fwch cet:h- 
C.1728. ptume o:p11O: 110: bw'O o:n'01 11'e 1'o:i; 1'o'Oepo:, [cet:hp' ho.1np 
10 7)0 chup CpO:11111, 'OWl' 'Olb 'OW lUF;aJ. 11' é lo:n o:ppo: ua 
('mp'Ol 'Owl', '1' e a 1 pi; appa o:e11 1'ep; ocu1' 110CO 1'et:fq1 
1I\'01'Cl 111 o:en pp '00 )101n'O, ocu1' 'Oa 1'et:a, ommll1' cet:h- 
ptl'me 1'é1Ch, 110 ba"O cet:hpUlme a)1p((. 


m 0:1' 0 )11'5)10 "Oo:l 1'11' o:mo:ch 10p 11'Oecm01'Ò, OCIl1' t:uai; 
,s po UO:Chn0151Or 11"Oechm01'O. lan pach 0 )11;; o:mach ocu1' 
lan OPP(( ó i;umi; '0011 )115; 110 '1' blt:h cen app(( o:mo:ch, 
C. ]728. [um)1 )101111e 1nlan cella]. 


c. lí28. mar 0 t:umdl )10 'OO1l 1-'11' ((mo:ch, 10)1 n'Oeemm'O, [oeu1' 
c. 1728. t:u
)10 1'U((i:nwlF], l<X11 paeh 0 t:llOlt:h o:mo:ch [OCU1' 1I0eo 
").0 11écen o:p)1O: "00 )115 óp 110 po '01Ebo:'Ò a lá111]. 


c. 1728. CC '00: COm01r mo:p o:el1 [CO. h11l({'t)] O:p1t'1 1<Xp n"Oecm01'Ò 
c. 1i:!8. [oeu1' t:llai; po J'lwcnl01 s], lei; po:ch 0 cect;ap 'Oe amach, 
C. 1 ï2e. oeur '1' let: o:p)1O: 0 t:lla11:; '00 )11t ocu}' '1' blt; cen oppa 
amo:ch, [U01)1 po rwc"G 1n lá'1 ceno: 1mo:ë]. 
Iff they were both equally in f/Jult.-For "ma 'Oa COÙa1l'
 C. 1727 renda 
"mal' a 'Oa compl" if of their joint knowled
e." 
Iff they .vere both.-Fur "a 'Oa cornml''' the reading in C. li2R is "mara 'Oa 
comflr, if of their joint kn ll wledge." 
8 To /J ce,.tain place.-For "co 111a'O aft1'!:1," C. 1 i2R, has "co hmu'O Uft'Out'!:u, 
to an appointed \>]a('e." 



. 


TIlE nOOK OF' AIClI.L. 


135 


If it was the people that were bound to 8Cnd the informa- THB BOOK 
tion out before ten days, and the pèople violated the' cctil"de'- AI

 L. 
1'egulations, there is half fine and a hostage R d'ue from the. - . 
I ( I h ) d h . h b Jr. IIalj- 
peop e out to tlte ot er l)(J,j"ty, an t ere IS no ostage haalage 
due to the king because his hand was not emptied. 
ll


l()d_ 
If they were both equally in fault, lone-fourth fine is a ue IIge-p:eú!Je. 
from each of them out (fo t1u
 ot'l(
r penty), a hostage- from 
the people out (to the other puty), and a hostage- from the 
people to the king. 
What is the reason that where it is one-fourth fine it 
should not be one-fourth hostage-pledge also 1 The reason 
is, four hostages cast lots-two of them to be E
 )"l't,e d. Two 
)o bt 
men are the king's full hostage-pledge in 'cali.de '-regula- 
tions, and one mall is his half hostage-pledge; but the pet'" 
 
SoWl of the one man cannot be di,ided, and if it could, as of O
 1//2- 
it is one-fourth fine, it would be one-fourth hostage-pledge 
./- 
 

 - 
If it is the king that was bound to send the information 
out (to the other pa1.ty) after ten days, aml he did 'T/ot se?ld 
the injonnation out, and the people violated the' cai?'(le '- 
1'eguwtion8 after ten days, there is full fine from the king to 
the other party. and full hostage-pledge from the people to < Jr. Out. 
the king; or, according to others, there is to be no hostage to 
the other party: because the full hostage-pledge has been 
received by the other pm.ty ah'eady. 
If it was the people that were bound to 
end the informa- 
tion out, and did not send the irtfm''T/wtion 'Until after ten 
days, and if it was the people. that violated tlte 'cainle'- 
ngulations, full fine is due from the people to the other 
party,O and it is not necessary to give a hostage b to the king 
as his hand was not emptied by puying the fine. 
If they were both 2 (king and IJeople) equally in fault in 
having delayed to send the infonnation out to a certailL 
placé ' after ten days, and if the people violated the' cai?Yle'- 
regulations, there is half fine clue from both t.o the other 
party: and a hostage from the people to the king, but there 
is no hostage to be sent to the other party. because the full 
æmount due had been sent to t11f' othf'r p1lrt:'T r alreR,].r. 



.,. .f,)f..
 þ Û" teW Þ -rt- M 
 '\I1V nJe" 
 ?1á- 
 
 
t
 1't In,., 
 MV7V, <<4M' ?J1M1\W 
 1'#1 11 k 


13G 


Leba1t mcte. 


G,7'Vr. I')
' - 


TilE BOOK 
OF 
AICILL. 


- r'! C /1U$ 
a metc, ap.a retrep. rep, p.echLa t tlecorc 'Dlt)'!, [ocur 
'DILrech 1 necorc fllt J1.ech{;ce. 


c. 13!Il. 


Let; pac 'no 'Catreè, lana'O cet;p.mme 'Oon 'Oc1'Oennc 'Oat;;; 
1n ecorca 1 m bl]. 
;; .1. noeo nfml pach mmË;ne na1mpa1'O Ó 'Omne '00 '011rec 
1 Tl1C'C 'mlrrs, no '00 '011rech lf1a p1C'C bu'Oe1n. a:'Ca pac 
mmË;lle oeur Impa1'Oe ua'D 'D11l'011reeh 1 Tuft; 1f1'D11pË;, no 
'0111'D11reeh 11W plch'C bu'Oé'f1. eDon: noco nml pac 
mmEfle na Impa1'O 0 'DUllle 1 fI'Oul 'DO 'Deflam fOEla pe 
,c'D11reè, ocur noco flu11 elple '00 flO CO pia co fOEmt; 
ocur 0 po ria, Irla111'C1 co 'Cp1Un múra '011rec rplt;atEi'I, 
110 rlatfl'Cl u11e mara 'D11rech batl'. 


t -ri Dl, II/ 
l' r-t 10 .,3 . v') 


1ìlar '00 mapba'D 1n'DIl1'1Ë; '00 cum-D oeur 'D11reeh '00 
pala 'DO 1Y1apba'O. pach matElle oeur 1mpa1'O Ua1'O 'Don 
1n-DIlrech Itlr 1 n'Dechm'D; OCl1r rlún 1f1 'D11rech '00 pata 
ann 'DO mapba'O co 'Cptall mara 'DIlreeh fplt:1IUIË;e, 110 
u11e mara 'D11l'eè bmr. 


C. 1 ï29. 


mar 'DO mapba'O 'D11pË; '00 èum'O oeur 1n'OIlreeh po 
mapbur'Cap, floeo nmt pach mmË;ne fla 1mpa1'O 'Don 
. 'DIlr ec p l r 1 l1l>eeha1'O mapba'D; oeur let e01pp'D1pe ua'D 
pIT' Ifl 111'011rech po mapba'D [.1. let eOlpp'Olpe oeur let 
efleclallfl, oellr ríp fO let eOlpp'Olpe ocur fO let; eneclanll, 
co flach III a plë'C ÙU'Oél1l llO mallbaf> é, ne'C a plë'C 'DltrlË;, 
elfl eaemae'Cmll ra1''Cu'Da, oeur '1' é pn lér tach 'DOll 'Cmr ec 
15 lall 0'0 ]. 


I/n Iheper.on of.-That is, occupies legally the position of, &c. 
2 In rUpfct of plac" i.e. in which the act was committee\. 
. 11IImtion, i.e. intentional" rong, or malicious act or attempt. 



TIlE BOOK OF AICILL. 


137 


l\Iy son, that thou ma.reiSt know when a lawful THE BOOK: 
man is in the person' of an outlaw, and an outlaw in Al
;LL. 
the person of a lawful man. 
Half fine to the first, a full fourth to the lru:;t for the posi- 
tion in which he is. 
That iB, there is no fine in respect of place! or of inten- 
tion 3 from anyone to an outlaw irnjlO.ed in tàe--pel.søu 
 jff 
of nnuthu outlaw, or to an outlaw injured in his OW'll p1'oper 
person. There is a fine in respect of place and of intention 
from one to a lawful man injured 
$ß of anvthe). 
lawful man, Or to a lawful man injured in hiB own proper 
person. That is: there is no fine in ?'esped of place or 
of intention from one in going to do injury to an outlaw, 
and there is no 'eric'-fine due to him (the outlaw) until the 
actual wrong has been done; and when it has been done, he 
(the man doing the Wl.ong act) is exempt as far as one-third, 
if he (the ?Iwn on v'ham the deed is done) be one on whom 
it is right to inflict the retaliation of an injury: or altogether aIr. Om 

xempt, if he be a condemned outlaw. b guilty of 
k . 1 I tì I d h d . ,.etaliation. 
If he had gone to ') I a aw u man an appene to kIll bIr.OIU 
an outlaw, a fine in re8pl3ct of P lace and of intention is due guilt'J of 
death. 
from him to the la\\ ful man against whom he went; and for 
killing the outlaw who happened to be there, there is exemp- 
tion as far as one-third (of the penalty), if he (the man 
killed) be oJle.-QIl-whomit.is
awful to inßict-the. retaliationof' H1 
anÏJ1.i!1ry:or entire exemption if he be a condemned outlaw. b 
If he had gone to kill an outlaw and killed a lawful man, 
there is no fine in respect of place or of intention due to the 
outlaw whom he had gone to kill; but half body-fine is due 
of him for the lawful man who was killed, i.e., half body- 
fine, and half honor-price, and proof must be given as re- 
gards the other half body-fine and half honor-price, that it 
was not in hiB OW'll person he was killed, 
ut in the person 
of an outlaw without the power of restraining him; and 
this (the proof of the fact) is equit'alent to the half fine due 
of the first man of full PI'ivilege.4. 


C ,U'nn off..lll".i"iZ,g-, i.e. a person entill
d to full hunor-price, restitution, and 
body-fine. 



138 


Lebap. a,cte. 


c. 1730. 


[C111n at:l1 e1p.1C e1rce '00 'OU1ne ?] 
11' an'D m:;å S\fUC [etrce] Ó 'DU\ne \11 t:((n 'DO ëumi'> "00 
'Denam roÏ;to pe h\\)'D\trech 111<< fuèt; boi'>em, octlrm ro
mt 
pob å\t tmr i'>rep.i::mn m t;mmc a flEntm; ocur 'DO n1'a'D 
,a nEntm, noëu bu,('l) 'Ðei::b\p pob'D(1\F; m( hetfCe \me [1Umda 
p\r m S'P1C]. 


THE BOOlt 
OF 
AICILL. 


t!f 131., II, 
r'tsb 1IItt 


C. 1100. 


C.I730. mol' '00 mapbU'b 1n"01trlÈ po èt1mi'> ['Duma t;pta elrCeJ. 
ocnr cne'D fOr copp 1n"01 tr1't; po repUrn:Ill, mår(( rUt hUEai'>, 
C.I130. no cne't> Ó rmtm
ai'> ruor. [no rmt1uEU'Í'>] rem, 11' ton C01pp- 
C. H30. I,,'D'P' [,n murlh
o un"O. 11' ((11n f1n ma taf1 C01pp'O'pe '1' 111 
rmttU
a'Ò t;p1a e1ree t nUrpU'Dtlr.] 


- "n\.ð.Þ 1/ 


C InJ múra cne't> 0 rmbUF;a'Ò 1'11" '1' te
 C01pp'D'pe ['11 mapb- 
t:ha on'D]. 
mopbm> pob ml t(>,1' m caè 1n(fij 'D1b r,n. 11lÚro 
Ii t;ne't> ap copp. OCU1' ma pt1C ,n"Oett:hem cl1e,i'>e Ú'p,n t(>,I" 
mOf11f1 cne't> r1fl ]10 repul't:op, no Cl1e"O '1' mó (mår, cob- 
r O "o(I1t e'rCI 11\ppe co d 0 nEmm: rect:ma"O ,no 1mpai'>, 
te
 op. 'Dut co mmF1tl, ocur 11' C01pp'DIP1 pob"OmE no cnet"O" 
Ó 'DO paËa m ;t;n;m ; ocur n; har 1n cnmi'> '1' 1u
a ana1' po 
10 fer, C1bé 'De bur mó-pach mmEns. no ,mrm'D na C11P''D 
rob m1 te\r 'D1Yri::atn, no e111'C rob'O<<1S na cnm"Os r o 
repurt:op.--copab s't) bel' ua-o. 
 


c. mH. [mar "Orep,i::<<1n cp.OltE' bmr 'DO èumi'> "Otnne, ocur ru,t- 
1tr5 a 'D po repart:ap. 110 cnei'> [bec]. mara cnei'> 0 t:ha ru,l- 
2
111E{ft) ruar, '1' tan mp1C ,n cpobE' batI'; mara enei'> 0 ta 
rmltuEa'Ð f1f. '1' te
 e,p'c 1fI cpobE' ball'. 


1 Blood-.hedding "p.-That is, any wound from the smaUest blood-drawing to 
the highest wound upwards. 
. Blood-.Aeilding d01l"ß.-That is, a brniae which doe.
 not cansI' anJ' bloOd tÐ 
appear, which only discoloDrø the skin or produces a lump for a time. 
. Until i, (the fIr,at ".otnId) tøl:e. effict.-The fine is grndllnted up to tbe nmount 
which would be payable in case the greater wound bnd been inflicted. 




/
f,A bhn7/) "'I 
 



TilE BOOK OF AICILL. 


139 


'Yhen is a man entitled to 'eric'-fine for intention 
 THE nOOK 
0.- 
AICI1-L. 


The case in which the 'eric' -fine for intention is due by 
a man is when he went to do injury to a lawful man in his 
own propm' person, and the injury which he designed to in- 
flict upon him did not take effèct; and if it took effect, the 
inflicting or the intention would make no difference with 
respect to the 'eric' -fine. 
If one went with the intention to kill a lawful man, and 
inflicted a wound on the body of a lawful man, if it was a 
Cllse of blood-shedding, or a wound blood-shedding up, 1 or 
blood-shedding only, the full bOd y 1ine for killing shall be 
paid by him for it. (It is in this case that full body-fine 
is due for intentional blood-shedding in' urradhus '-law.) 
If it was a wound from hlood-shedding down,2 half the 
body-fine for killing is due for it. 
Killing was intended in each of these instances. If 
a wound !tas been inflicted on the body; and if he took 
with him the intention of infli.cting a particular wound, 
(oul ifit be that wound or a greater wound that he inflicted, 
it (the finf',) is graduated according to the intention until it 
(the g1'eat waund) takes effect;3 a seventh for intention. 
one-halffor going to the place, and the body-fine for inflicting 
the wound, when the deed has been committed; and it--i5 
l
 smaller wound which he inflicted he pays; which- 
ever of them is greatest, the fine for going to the place, or 
the fine for the intenticn of the wound which he wished to 
inflict, or the 'eric' -fine for inflicting the wound which he 
(wtually inflicted, that is the' er;c '-fine which shall be upon 
him. 
If one went to inflict a death-maim c and inflicted only 
blood-shedding, or a small wound, if it be a wound from 
blood-shedding up, there is the full 'eric' -fine for a death 
maim for it; if it be a wound from blood-shedding down, 
there is half the 'eric' -fine for a death-maim due fm' it. 


4 Dtath-maim.-The "cywtl51 bmr, death-maim," does not mesn a 1'i'ountl 
. which causes death, hut a wnulI.1 the e,-ileffects of which remain as long as the 
wmmded per
on Ih',,", 



J 


< - {-.e 



"3 r3/ 
*
 
 

 1 E Lþt 1('w)-(c. 19H 


uo 


leù(qt tÜcte. 


THE Boo.. 
OF 
AICILI.. 


n1 Úl' 'D'p'11t;a111 cnel1>e blCe 'DO cumi'> OCUr cnei'> mop pO 
repar-cap, a 1105a 'Don t'11 ap ap repai'> In cne-o mop 11\ 
comro'Dml e're' ap elplc pop'Dm5 1\a cnel-ol bwr ua-o, no 
111 lan pach na cne1-oe m01pe Cln cobro'Dmt elfcl u1111,. 



 
S t11ar'Drep-cmn cne';'>l 'DO cumi'>,muna11uCaft;apl111l1t;hlm 
cne1-oe mplt;he leII', cm be'D cne'D repat' 't' tan pach 1111 
c1\e,;'>e 1'111 ua'Ò.] 
C. 1926. [mane 110 reruft;ar cne-o et;lr, If cobro'Òwl e1rC1 ap 
elplc popm5 na cneme '1' lU5a r05abap a l1uba11 ua'Õ, no 
c' ap elplc na cnen>e '1' mó 1111 a l1ubap ua-o [.1.] a11 elplc 
111<< c110115' bail' .1. 1I1n5e 111a banb61m, ocur feCt;ma-n 
0'0.23-13. [C01pp'Olpe na cneme reIn] 111<< lmpa'Oa'Dh, ocut' le-c ap l1'Dul 
5u mm5'11. Ocur 'rt
 i }'111 111 cne-o pob<<15, ocur cobto'Dml 
elfcl Ulpp'. 110 coma'O cpallllchup et;up11l1; no coma-o 
C. 1731. ló1lO1nn ap 'DÓ, [5111mot;a lUI5"] 


111 U11a puc [11J1)61-cell'] Cnel'Dl It;lp le1r, act; roË;m1 'DO 
'Dé11am, mú po repUrt;ap cne'D, é1111C 1l0b'Dm5 11a Cn('1'Ol 1'111 
Ua'D. 
C. l!ì26. ['Dmne 'DO èum'Ò 1-'O)1111'D11reë co mmì'11l a1111p1\, ocu}' 'DO 
2c>f1ála 'D11rec '00 ocu1
 po mapburt;a11 é, pac mW'011e 11<<'0 '00 
l11'011rec rap a lmecum, ocur cet;pmmn C01pp'Olpe calla, 
111Ull11 ocur le-c C01J1P'DIpl Uppa'D<<1r. NOlI' rop 'Deopm1> 
'00 cum1>, ocur ce-C11mme C01pp'Olpl 111 uppam lei; C01pP'Dlf11 
111 'Deopm'O. OCUf rip ron le-c COlrp'Dlpl, 5u11 a P1Ct; 'Dl1p5 
.' po mapt'> é.] 


(:.I'/!/I, 13q 1, C. 1927. [a melC, ap,a re1fep, aenreap, 1 mam tl'Delfe, ocuf 
'Olaf 1 mam aen flP,; reap. conEwb 'De1'De, no qtel'De, 


I The white blow.-That i., a Llow which doe. not draw blood. 
S Ur lots w'e to be ca&t betueen them.-That is, as to which oi tbe twu fines i. tu 



TIlE BOOK OF AICILL. 


1-0 


If one went to intiict a small wound and inflicted a THE Ruolt 
great wound, the man on whom the great ,\ ound WM in- AI

Ll.. 
flicted has hi
 choice whether he (the assa ilant) shall pay 
an 'eric' -fine graduated according to the wound intended to 
be inflicted, or full fine for the great wound without any 
graduation according to intention as regards it. 
If one went to inflict a wound, b
t had not the intt'ntion 
of inflicting a particular wound, whatever wound he inflicts 
he pays the full fine for that wound. 
If one has not inflicted any wound at all, though he in- 
tended it, he papl an 'eric'-fine graduated according to the 
intention of inflicting the smallest wound which is found 
in the book, (or, as SO),W say, the' eric'-fine for the greatest 
wound that is mentioned in the book), i.e. the' eric '-fine for 
a death-maim; i.e. an ounce for the white blow, I and one- 
seventh of body-fine for intention of inflicting that wound, 
and one-half for going to the place. And this is the case of 
the wound acllwlly inflicted, and the graduation of intention 
is applicable a to it. Or lots are to be cast between them;2 aIr. Upon. 
or it is to be division in two, i.e. besides oath, 
If one did not intend to inflict any wound, but only to 
commit tre
pa.ss, and if he has inflicted a wonnd, the' eric'- 
fine for inflicting that wound shall be paid by him. 
In this case a person went to a place for the purpose of 
killing an innocent man, and he met a guilty man and 
killed him, fine in respect of place is dlle by him to the 
innocent person against whom h,> went, (and that is the 
one-fourth of body-fine in 'cain' -law, equal to half body- 
fine in 'urradhus'-law). Or it was against a stranger he went, 
and the fourth of the bod y -fine of a native is half the bod y - 
fine of a stranger. And he 'must give proof 
Bg the 
 
 h 
half body-fine, that it was in the person of a culprit he killed 
him (the strange).). 
l\Iy son, that thou mayest know when one man is 
legally considered as two/ and two are legally con- bIr. In 'he 
condition 
be levi..d, wh..th..r the full' I'rie '-fin.., or the II'S!!l'r with " graduated rIIt.. of in- of wo. 
rr..a'..: or the ßv..rn
e of the h
o modes of romrlltation i. .trul'k. 



q. P.. Cillr 'ß.' 4 ITs 


U
 


cebalt. mete. 


THF ROOK .1. 'Da EfW'O t;up. C1re 1n aen ETW1'O ber U11t.'01t1], no 'Olaf 
OF 
ÅrClLL. 1 nuent;uttU1fi'O roft. t;1ft. nuenpr_. 


C. 1927. [IT melc .1. a melc co f1.atb a Pf bf1.et acm; In Inbarn bif In t:o:enfeo:f1. 
fO moam no fO 1;f1.el11 na 'Oelre, tt1 t:atf1.e'Defa 'Daf1. erfl In 'Da boatf1.eë 
S me'Donaë a pf1.utb LOIse eneë. 1r atf1.e 'DO nit:hef1. In cennaë TO '00 na 
1'lta'Dl11b af1. 'Ol11sLoët:aplta 'OlI)';batL. Ocur 'Olar Imam aenflf1. .1. 
'OlIlf fO maam no fO Sf1.etnt In aenpp., flc et: occ. t:'ealt con salb 'Oel'Oe 
.1. feuf1. conSbuf 'Oet'De. na 'Oa boatf1.e me'Oonúca, .1. In t:<<1f1.e'Dera. t1 0 
t:f1.el'Oe .1.nat:f1.IOCatf1.elfreytf1.. .1. 'Oa Syta'D .lona'Daboatyteme'Donaëo 
to 'Ouyt etfe In aenSytat'D ar atyt'De na caë fef1. 'Olb, In t:atf1.e'Oefa .1. 1IISf1. etm 
Ulf1.eë'Oefa In 'Oaf1.a boolf1.e ocur bef comaf1.'O ff1.Ia n'Olr. 13 0 '01 a 
 111 
aen t:aLtaln'O .1. no 'Olaf fOf1. ref1.an'D In aenpp., ocuf
t:aLtu ann lat:. 
In foLt:aë 
'
, ocur an caf1.bro:; af1. II11f1.um .1. In bobf1.lusa'O. 


Nß. 


II C ,9-1/" 


1n rolt;aè rt11'Ëlube .1. '1' 1 rolan) bl1' a1ee In t: 1 l 1 bl1' rae 
If.1. repann alce oell}' noëa nru1t cpO"O; 1n eapbm:; alt lmpam 
.1. epo'Õ a1eef1"Oe oell}' noëa nrU1l r e pa1111.] 


c. l!)
8-9. .1. 1n rolt:aeh pl1i'p1me oeu}' 1n eappat: ap l1npam '1' é 
a nmehmep"Oe: dp ce1i:p1 feet: eU1iwt ae In "Oapa "Oe, oellt
 
eel'Ëp1 ba peh1t: ae apmle, oeu1' eomaent:a "00 mat: ó beU- 
1 D 'Cmne co beUt:a1ne. [Oeu1' e1"O rat:a belt: 1 neemm1' a eellt 
noca nrU1l eneclann "00 neoe "Oib an eemm}' a ce1le no co 
c. 1732. n"Oepnm:; 1n e0111"OelE m:;a "00 ltelP "Oltf;1'Õ, [oeu1' 0"00 %enat:], 
be1p1"O cae "Olb el11 oeu}' "Olba"O alwllt ; oeu}' Eabap at:hEa- 
bmt ea1eh 1 e1nam apatb. Oeu}' muna "Oepna"O 1n e01n"OslE 
.sat:á "00 pelp "Olt5''Õ' ni be1l1 11ee "0115 em na "Oiba"O npá111 
Oeu1' Ó "00 Eenat: ,n c01n"OetE m:;a eneclnnn 1n Fpm"O '1' a 
"Owbla t:oeu1'a U1l aeu "OOlb .1. 111 bompec me"Oonaè. Oeu}' 
'1' amlat'Õ 1t:ap'Õe "OOIl'> co 1Ia "Oa cOlbelt' 11lm'Ëtfa p l 1' "00 


1 1'M . aire-deøa'-rhiif.-That is, the' ai....-desa '-chief who has property equal 
to tbat wbich w0l11dqualify two men to be 'bo-aire'-chiefs, iø for purpo"eø of COffi- 
purgation, &c., equivalent to two 'bo-aire' -chiefs. 
I . Carb"t-nr-imramh '-,tock-OICnf,..- Thc term . carbnt ar-imramh' means hter- 

Ily , moving chariot.' 



'filE nOOK OF AICILL. 


H3 


sidered as one llia.n; this occurs in tlte case of a lllan THK DIU'Kc 
who possesses two or three ranks, i.e. two lowel" ranks A':

,,_ 
in place of one higher rank, or two persom; possess- 
ing- one holding upon the land of one man are 'I'e- air. Tn, 
fJarded (is one person. 


l\[
' 80n: i.e. 0 son, that thou ma}-est know the judgment when one DlIUl is 
legally considered, or held responsible a.<, two persons, i.e. the . aire-desa'-chief' 
equal to two middle' bo-aire '-chiefs in the proofø of honor.price. The reason that 
this inlen:hange j.,; made of the grades iø for the purpose of obtainin
 compurgators. 
And two are legally considered as one man, i.e. two are legally con- 
øidered or held as one man, sic et <>cc. A man who p08sesses two, i.e. a man 
who holds two ranks, !{lOoe of the two midd
e 'bo-aire'-chiefs, i.e. the 'aire-deaa'- 
chief. Or three, i.e. the three best 'ogaire'-chiefs. That is, two ranks, i.e, 
the two middle' bo-aire' -chiefs are equal to one rank higher than either man of them, 
i.e. the 'aire-desa '-chief, he has the status of the t..o 'bo-aire'-chiefø iff CMlIp!lrga- 
tion, and he is a, higb as both of them. Or two p<røo'u p08sessing one 
holding, Le. or two upon the land of one man, and they fit on it, i.,. the' foltach 
fuithrime'-holder and the' carbat-ar-imramh '.stock-"" ner ,.te. the cow-' briughådh.' 


The 'foltach-fuithribe' -holder, i.e. the uuly property he 
has is the land which is under him, i.e. he has land but has 
not cattle; the' carbat ar imramh '-stock-owner, i.e. he has 
cattle, but not land_ 
That is, the' foUach fuithrime '-hoMer and the' carpat 
ar imramh' -stock-owner are of this kind; the one has land of 
the value of four times seven 'cumhals; and the other has 
twenty-four cows, and they make an agreement tf) 'remaill, 
togethu from May to 
lay. And how long soever they may 
be apart from one another there is no honor-price due tu 
one of them in the absence of the other unless they make a 
legal contract,b and when they do make a lÆgal contract, they 
each bear the liabilities and gain a title tv the effects of the 
other; and each of thcm is distrainahle for the liabilities ofthe 
other. But if they have not made Nuch a legal contract,b 
neither of them bears the liabilities of the other or [jains a 
title to the effects of the uther. And when they have made 
such legal contract they are entitled to the honur-price of 
the grade double whose property they possess, i.e. the middle 
. bo-airo'-chief. And it is for this reason they have this 
l
cause they do twice as much 
ood with it (theil" pl'Operfy) 


blr. ArM- 
','art that 
i. arcord- 
i"g to la.... 



144 


èebu)I. CCtctt'- 


Tny ROOK 'tJenutn; no c01bmr fll1' 111 tnbomfle '1' reaflfl nama; ocnr 
OJ' ùI 
AII'ILL. muna 'tJeflnm:;, m fU1t'tJ0115 OCt; fCflepaU. Ocur 'tJa tnbett; 
, 
feflano focflaca con caflpat; <<fl Itnflum, \1' t<<n tmectann 
'DO cmtnot;ha oct;ma'tJ a eflectmll'tJe.] 
s Ct'tJ fO'tJefla nach h, enectaon In E11((\'tJ <<1'<< t;OCur com- 
tan U1t aca 'tJOlb .1. enectann 10 bOa1flech '1' feflfl? 11' 6 
fat; fo'tJefla: fr61rctf1 tmrcmfl flo t)1 et;aflflt1, t1<<1fl tnt1na 
bmt;h t}'e'tJ flo bla'Ô 'tJ01b. Ocu}' 0 }'cefl<<1t;, OCt1f 0 na bwt; 
Imate, OOCo ortllt m 'tJ01b aèt; rCflepaU a mn'Dflacmf, 
Ie màra 111'tJfW1C; OCUf' tnunab umrmc, noco ofmt 01. 


C11
 


C. 1929. 


[11oca 11fU11 ellcctunll 'tJo neoc 'tJi15 a reflt;mn cnel'tJe fOfl 
cOflP a célle, act; mana 110115 a 'tJuatEu}' ëmfl'tJuf'a ctaec- 
tnol'Ôe.] 
ma flo ;sat;att; fe01t; tla1t;hlb fllf In ré fIn, eoectonn 'tJo 
"c('èt;ar 'tJe ann 1'0 a1cne'tJ 1m 00 cte,t;h" ocur 111 CUt;rUtna 
at;å ar rcm;h taènl ocur ;S1l1tnrm'Ô 'tJ0 'tJlr' ocur 'tJmt;hE11l 
11a rét; 'tJ0 Comrmn'tJ 'tJ01b et;arflU, ocur a pill ann 0 t;a 
p11 [amach] 'tJ0 bp't;h '000 caflbat; ar Imflam. 


...-II 3to-'2-/ 


G ,q-v!j 


C. ]733. [Noco nfU1t eoectano 'tJ0 neoch 'tJlb a nEmt; re01t; a celt!, 
':.Daèt; tnmoe rmb a 'tJualEur laèt;a, 110 E1l1mflmi'>, 00 tnmÈ;oe, 
110 att;ne, no reflatll'tJ.] 


C.1930. [nlåra 'tJualEUrC01ila1t;oe,let; a tnm51n,OCUf an aenma'tJ 
flano pCIt; a rect;a1r tnmE111.] màf a 'tJuatEur tnm5ne, 
lao a fw'tJnmre, ocur let; a tna1EIn, ocur 111 aénma'tJ rano 
'of." PChlt; a fect;ar tna1E11l; ocur '1' 1611' feln In ferann 
[a reèt;ar tna1EIn] a011f111, umfl muoab lelr noco orU11 n1 
111'tJ. 


C.1930. [mara fet; aca t;O laèt; no 5111tnra'Ô t;aUa'Ô ao'tJ, ene- 
cta1111 fO lu no fO ctel'[;e 'tJon folt;ach fU1t;fll üe ar 1'011 


1 lln!{:finefor prteinct.-Tbat is if the cattle be stolen from an enclosed fiei<l, or 
pla
e of lawful security; 'extern of precinct' mean. nll
' place outsirle 
uch encln<ure. 



THE BOOK OF AICILL. 


145 


as he, or as much only as the best 'bo-aire'-chief; butTßEBo()K 
unless they do so they are entitleù but to a 'screpall.' If AI

L. 
however the' carpat ar imramh '-stock-owner has hired land, 
he has full honor-price except one-eighth of his honor-price. 
\Vhat is the reason that they have not the honor-price of 
the grade whose full property they possess, i.e. honor-price 
of the best' bo-aire' -chief? The rea<;on of it is: there was an 
expectation of separation between them, for if there were 
not, it is that (the nrnk of the 'bo-aire '-chief) they would 
have. And when they do separate, and are not any lOllge7' 
together, they are entitled to nothing but a 'screpall ' for 
their worthiness, if they be worthy; and if they be not 
worthy, they are not entitled to anything. 
There is no honor-price due to one of them for the inflic- 
tion of a wound on the body of the other, unless it be in 
right of mutual friendship. 
If 'seds' have been stolen from them during that time, 
each of them shall have honor-price for it according to tIle 
nature of minor or major'tnlue; and the proportion of the 
'dire'-fine or restitution of the' seds,' which is in lieu of the 
milk and work, is to be divided equally between them, and 
all that remains from that out is to be taken by the' carbat 
ar imramh'-stock-owner. 
There is no honor-price due to one of them for the steal- 
ing of the 'seds' of the other, unless it be in right of 
milk, or work, or breach of precinct, or cattle entl.usted to 
his charge, or land. 
If the honor-price is claimed in right of joint charge, half- 
fine is d'ue for precinct I (enclosed field), anù the one twenty- 
first for extern of precinct. lf the honm.-p,'ice is claÏ1ned in 
right of precinct, full fine is due for presence,2 halffor precinct, 
and the one anà twentieth for extern of precinct; and the 
land is his own (the 'foltachjuithrime's) as regards extern 
of precinct in this case, for if it be not his, there is nothing due. 
lf it be a beast that gives a milk or is capable of work that aIr. lias. 
has Leen stolen, the' {oItach fuithriLhe'-holder is entitled to 


· Fulljimfor P"&'ellce. -That is, jf the cattle he carried off forcibly in tbe rre- 
Bence of the owner. 


YOLo Ill. 


L 



l,lf) 


tebap. ((,cle. 


THE n"OK a cot;a 'Don lUl;t; no 'Dun F1l1t1111U'D; octlr In ctlql11nw 'DO 
Ufo' ..... ... 
AWII,L. pOllmact; luct; octlr E1l111111 a 'D 'DO 'DIlle fUll nu r eonl1 0, 110 
comp011111 'DOlO erollptl, octlr n(( fUll ((1m 0 Ta ,.,n a11lllC 'DO 
011 e1 t:; 'Don c{(p}Jat; all'111pam ; no coma'D 111 'Dlpe tl1le 'DO 
61 101n 'O 11010 et;Op1'l1. 11((11 1 '1' a c01ll{(f:nt;mt:: 'DO 11 0 pmaLt; 
'D1pl an'O,] 


C. 1 í34. 


C. 1 í3t. 


C". 1 í3.t 


C ,7'1';'. \Q-r,1/ 


111a1'(( 1'eolt; {(r na pl1llact; no. En1ml1_H1'O pl1Ca'D l1mi,o, 
nocon IIftJ1l ní 'Don folt;ac pl1t1'llne 'Del1'C1C, act; 1l1111lU 
pl1l a 'DtWl;;;;l1r c011lmdl1le; lél1l U mH1
ln, OCl11' lei' (( 1'ecL((I'- 
10 mmE111. 


11lÚra f 0l11 qllm 1'ét; 'OO l1111f''D alln, '1' finch f01111l1"ne 'DO 
cd<:'l{l1'De ; no C0111([l) ((en pach rOlf1ltl1l1H3 'DOlt) nrllell; f{ 
'D{( q"((11 'OOl) t;1 '1' (( C111 lmap E((b([l), OCl1}' nen quem 'Dun 
d [Ira ctn] 11n lW Eaù((l). 


I. rnfq'C( m::ht:noÚll 110 
aÛ((TI '010. '1' pach 11l'Ot1Fl1) m:h- 

utïÚl(( 'DO cecnql'Df:, 110 cu1ll ((I:'n pue 111'Dl1þ'Õ at;hEaonla 
'DÓ1U al1aen, octlr (( 'DÚ quem 'Dun n 'ra cm 111wll Eaoa'D, 
octlr ((en quem ['Don n 'ree cln] Imtwp Eeebu'D. 


111ll1'll feplllln 'LullaTI ((nn, rqw1111 cndlFena all'D,ocl1}' 
2 o ff'1 1a1m 'Dl((oul'La; [ocu1' f'neclalln fO ll1 no ro cleldl1 'Don 
c a lloat; all lmp((1n all run a cot;(( 'Don p
op; octlr In fell 
((1rhpn((, ocur In fell'Dwoult;a 'DO c0111ll101nn no cmt;hem 
'DOl Ù e'LoPllt1]; In re11<<lIn'Do OqlUp {(P run mdlFella f e ll mn 'D. 
OCl1r 'Dl((ola'O fep((111TI '00 011e1t:; 'Don folnlch pl1t'l1 1tl )e a 
.2 
 netH'lt. 


111a1'a t;echn'';)u'D lU1CU'D '1'111 P::l lU1l11 , '1' r wch 'LeCh'Lmtcl 


1 The off< nee !l'a. not eOl>l71litt.d.-The meaning seems to be, that hro-thirrlR of 



TIlE BooK OF AICILL. 


Hi 


honor-price according to its nature of mi nor or majorq/Utlltit y, fm UnoK 
for his share of the milk or of the work; and whatever has AI
:
L. 
been added to the' dire'-fine hy the beast's giving milk or 
beiug capable of work is divided between them, and the 
rLlIlainder of the' tlil'c':pne is obtained b) the 'carhat ar- 
imramh,'-stock-owncr; or, /tccm'ding to otltu,,<, the whole of 
the' dire'-fine is to be divi!led between them, fur it is from 
their joint assent the' dire' -tine increaseJ. 
If it be beasts that Jo lIot gi\e milk or work that have 
been stolen from them, the' foltach fuitlJrime'-hoIJer is not 
entitled to anything fur it (tlte theft), unle
s it be in right 
of joint charge; full fi 1/1' for tlteft II'om precinct is áUt" 
and half fine fur t!it'fl f/'o/n a plucc external of precinct. 
If the offence cunIlliitted is that of making use uf beasts, 
a fine for ISlIch use is due to each of them; or, ((eem.ding to 
othCl.S, one tine for use ilS due to them both, two-thirds of 
which belolLgs to him to whose detriment it (the offe/
ee) was 
committed f(W 'tchidL the fwe is nceived, and one-third 
to the otha, i.e. to hi/It to who:ie Jetriment it (the offence) 
was not conullitteù,l 
If unl{mful distraint has been maJe upon them, tine for 
such unlawful distraint is due to each of them; or, aeeO/'d- 
i lIg to others, one fine for unlawful distraint i,,, due to them 
both, and two-thirds bplong8 to him to whose ùetriment it 
(the qflènce) was committedJol' v:lâeh the fine is nceived, and 
one-third to him to whose detriment it was llot committed. 
If it be their land that ha.<; been unlanjolly seized, land 
of equal value, and double land shall be l'ccU"e1'ed for it; 
and honor-price according to minor or major vallie is due to 
the carbat ar imramh' -stock-owner for his share of the grass; 
and the grass [lLL'en as restitution, and the grass !fieen as 
double shall be divided equally or consumed between them; 
ond the land that is given as restitution for the land, awl 
(Ui double of the land shall be obtained by the 'foltach 
fuithrime '-holder alone. 
If it be cattle to take possession- that have beeu wtlcw:- - Ir. Tak- 
ing pOBS .- 
sioo. 


the fine 8hall belong to him whose portion of thl' rropcrty hae been injured, and 
one third to the other whoòC property has not been injured. 
VOL. III. 


L 2 



148 


tebalt aletf'. 


THI!: BOOK b 1. 
OF npe CO cun'O CO C01 ne, no cen cun11 cen C01une 1n'O; OClir 
All'ILL. cm::pm1lUr lan -rmch 'Omne ca1che no let; pach 'Omne 
cmche '00 rmc '00 comp01n'O '001b et;uppu, OCur a -rU11 anl1 
o 1::a r1n amach '00 bP,11:: 'Oon -rolt;ach -ru1t;hp,u11ne a ael1up. 
G.l!J32. [f1UC t;ect;m1::e re ba '00 na humrbb, ocur t;P1 ba '00 11(( 
} l1 r bô , ocur '0111'1 nmpme .1. c((e ní bepap, '00 t;eCt;UEai) a 
'0111'1 'Opp bunmi).] 


tflbF;,
 


1n pach -rot;bmE, ocur 111 pach -roprCa1ch na luachpa, 
OCur 111 pac -roplO1rc1::e, ocur 1n pach -r01mp1me, ocur 1n 
" pac -r o p.cpa1'O -r01melt;a -rop 01n ; C111C re01t; 111 cae ní '01b, 
OCur a compmn'O 'OO1b enlppU. 


tJ1år a COl1na'O no c1apa'O 110 caelach, CU1C re01t; 1n'O, 
ocur a comp01n'O 'OO1b et;upp,lI. 
111 ara -re11 po cmi';e'O ann, pach 'OU1ne cmi:1 '00 Jt0111'O 
10 '001 b et;appu. 


mår a c1aea no mfC1, 11' cmc re01t;, ocur a comp0111'O 
'OO1b et;uppu. 


mar a 1UfC t;aUai) ann, mar a nE 11' '01Ubla'O an'O OCur 
eneclann, OCur a compmn'O 'OO1b et;U11pu. Hlar ar 1n t;ro'O 
1011' CU1C re01t;, no comai) Cet;h111, ocur a comp01n'O 'OO1b 
C.9C3. et;Up11u; [no cuma'O CU1C re01t; 11'111 1Ufc 11nmf;, oCUY' 
'01Ubla'O ma'O a nË; no 'Oono cena coma'O CÚ1C re01t; 11'111 
1UrC '00 Epér, C1'O bé 111a'O ar a nEat;a1i)i';ea hé.] 


111ara -rei)a po t;efCa'O an'O, mara ]:'ei)a ap a -ruíl mer 
2';- 1Ut;, 111 cut;1wma at;a ap rcat;h ùmp '00 '01pe ocur 'Oa1t;hE111 


t 11an-trf3pa.'.,-- That is the trespas. which a human being commits, as di.tin- 
guished from that which a beast commits. . 



THE nOOK OF AICILL. 


149 


fully put into the land, the fine for taking possession of Tm: Boo 
land unlawfully, whether with 
n and Ütmily claim, or AI
:L. 
without
 and family claim, shall be reeovacd for it; 
and a proportion of it equal to full fine for man-trespass, I or 
half-fine for man-trespMs, shall be divided equally between 
them, and the remainder shall be obtained by the 'foltach 
fuithrime '-owner alone. The fine for unlwwflllly taking 
possession ofland is six cows from nobles, and three cows from 
the inferior grades,a and forfeiture of the stock, i.e. whatever aIr. Tk 
.<:toek is brought for the purpose of taking possession is 10UJ. 
forfeited to the owner of the land. 
A s to the fine for sod-cutting, and the fine for cutting rushes, 
and the fine for burning land, and the fine for using (l beast, 
and the fine for over-using a loan: five 'seds' is the fine 
for each of these, and they (the joint 01Vne1"s) divide them 
equally between them. 
If it be firewood or boards or wattles that have been 
stolen, there is a fine of five 'seds' for it, and they as above 
divide it equally between them. 
If it be grass that has been consumed, there is It fine for 
man-trespass for it, to be divided equally between them. 
If it be stones that have been taken away or water, there 
is afinf!, of five 'seds' for it, and it is to be divided equally 
between them. 
If it be fish that hM been ta.ken, if from a house there is 
double fine for it, and honor-price, 'l.vhich a1'e to be divided 
equally between them. If it 'l.vas taken from a weir 2 there 
is a fine of five' seds,' or, aeeqnZing to others, four, for 
it, and they divide it (the fine) equally between them; or, 
aeeO/.ding to others, it (the fine) is five 'seds' for the fish out- 
side, and double that for taki ng it, if in a house; or else in- 
deed the fine is five 'seds' always for stealinfl fish, from 
whatever place it hM been stolen. 
If it be trees that have been cut, and if they be trees on 
which there is fruit, the proportion of 'eric'-fine for the top 


I For the reading in the text, ".marar In cro"O," C. 173;; has "mar a coram 
ftO 5m;a'Ò é, if it 
 as from a weir it "as stoIPD." 



150 


Leùc!1t awte. 


T"t' nOOK n(( ff''O '()o COH1JlO1tl'O 'OO1b ('"Cup.JUt ; Ocur a f\111 Will 0 fa 1'111 
(11' .. t- 
A....LL. ((l1Ial'/l 7)() bru"C '00 fol"C((ch pnqunme a ((enl1r-. 


111((1'a me1' n(lla'O atlTl: mara òC!Jl1l11' é1111C bar.p'Oo com- 
p011l'O '001 b m:;uppl1. 111 a1' '00 lap, mar arl'Oa1F;ln a cmt;me 
f'OO 'O((1n1b, '1' 'Owbl((l) oCllr 61welanl1 ; m{q. ((11 'Om'S11I (( 
ca1"Chme ,()ltl'011l1b, '1' Lan paë 'OU!t)(> CmTf', ocu]' u com- 
llUl11'O 'O("b f-''LUPPII. 


C.903. [m ((1'a <:'11'5" (( fé;:;a-o cú: fá'Lh plr 1 p.m be ae pp. bunm-o 
hi; ac"C múr 'Oá lorca'O, '1' CUIC 1'e01"C; mar 'Oú cmdnum 
'0'01 11'061 l1 b, '1' pach 'OU1IlC ca1'Lhe ; már 'Oa bUa11l ro 'Oa;1I1 b, 
'1' 'Owbla'O;] ocu1' mlw r((mll1f1. hl
 
c.qo3.139Z- 


Ctqçç, 
cml ct 
r 



 


f 


" 


c. E'33-4. 1 a me1e, al1,a r e1 r e ]l p((ehu martl1a. t aen a]l]la 1 
terh eUnlwt, 'De1'De 1 eUnlmt, Ljle1'De 1 eUnl((ta, .1. q11W) 
ÙO, quan e((ch, quan m1lE,r; qual1 'DO'D((mmù 1 quun 
rfùo, ql1atl 1)0 Ù01ß11Itl 1 quun each, qUUll 'DO anl<?t((m 1 
quun W]lEK, .1. Unla 1111)1U. 
 


CC m elC .,. a melC, co }l.mb a bflet acm; na paéa ammt e7\neut)a. 
C(en ufl}l.a .1. bu, no mé, no Ð.17\j;et:. "Oel'Oß .1. ba OCUf elé, no elë ocur 
m}l.S't:. l }l.el 'Òe .1. ba OCur mé ocur Ulflj;It:. l }l.1Un '00 'Oam U1 b .1. 
:lOrruun '00 na 'Oammb Irre'Õ 'OLeEafl '00 belt u t:}l.lun na mbo .1. ana}l.}l.u 
Lelr na 'Oalln In u IIIL If mmr'fl ta:ét:a OCUf naë mmf1fl snnÏ1a. 


HU1'Oler ë01pp'OlP.1 111 "Cp.el-01 1'0; Ocur p.u1lJler etleclmtln1 
'DO 111Ea1b 111 "C((el1 ap.r-a mp.51lJ, amUll arbe1la1l a cmll 
fU1Tpllne; 110 amml arbep.((11 a ca111 pa"Cp.mc: bella ba '00 
(.LJ 
J Om! li"d 0/ goods.-' Arm' means tbe tbing itself, ar II tbing tiimiJar to what 
w
s injured, stolen, or destroyed; 'anarra' meolls a different thing as, e.g., a burse 
or a cup, in place of s cow. 
· e"i" Fuithri=._According tu C. 2;8, this W6S a code of laws composed by 
AnuÚ;,;in )Iac Ama)gairl, and p...,mn'
at...1 at I'uilhr:me Curmaic. 61 Lough Leill 



TIlE nOOK OJ<' -\ICILL. 


].) 1 


(the jl'll it) allIl the compensation for the trees are ,livided TIlt: nUOK 
equally between them; awl tlmt which remains ( tl1f' Rtock ) is OF 
AIl'lu.. 
obtained 1.)" the 'foltach fuitlniU1
' -n\\"ner alone. 
If it he fruit that has been stolen: if it be fro/It the top, 
it is 'eric'-fine for the top ",hi,.h tlwy divide ('(lually between 
them. If Rtulen from the ground, ((lid if it ÌJe for the purpose 
of being eaten by people, t]W1"e is Jouble Ji ,'f' alii 1 lwnor- 
],rice JOI' it; if ,
tO!('1I for the purpose of }wing eaten by cattle, 
there is full fine for lIIf\n-trcspa s 8 J;'I. it, awl thpy (livi<<le it 
(tliP Jinl') equally between t]wJU. 
If it he straw thut hus lx'i'll :,<toll'/!, it is to he considered 
for what purp,,:,;e tlw mnwr had it: if it was to burn it, 
there is a .filll' (
,. five' seds' fUI. it; if to be consumed Ly 
cattle, there is a fine for man-trespass fOl' it; if to be put liS 
!1f'/8 unrlpl' people. therp is It (lonll]e ,Ii /ti' fill' it: and ai]ia 
,;amilia. 



ly Holl that thou may est know OOW fil\e
 mul dpbts 

hüuld be IJ.ml . One kind of goods 1 i.II to lJ(' !fil"en in (( 
fine of half a 'f'umhal,' two in (f .fille of a 'cumhal,' 
three in (( fine (wlOlllìting to 'cumhals,' viz. one- 
third in cows, one-third in hon;es, one-third in silver: 
vne-third of oxen i.II to be in the third of cows, one-third 
(If lllare
 in the third of horses, one-third of 'anfolalll'- ? ) 
lIli
ture in the third of silver, i.e. copper in thcw Iv- kv; (ru JS"
, 1 
lily son: i.e. my son, that thou ma)'e't h'1Ve a j\lfl
mentt1 ho'
fine. sh&H-4e fIwJ,. #
 h / 
p.>.iLl. Vne kin,! of goods: i.e. COWi or; horses or silver. Two: i.e. cows and 
lumie", or C01\" and silver. 'fhree: i.e. e01\S and horses and silver. One-third 
of oxen: i.e. it is required by tnv that there slwnld I,e one-third ui oxen in 
the third of LOWS" i.e. goods of a 
ntl ,-,,-it)} t\w n....pn uht'll it ia the tilllC 
of milk and 1I0t the time of work. 


These three things are la\\fnl in tlte pl/ym( lit of body- 
tine; and the one' arm' -aI,tide of silver i
 lawful in the pa
- 
ment of the honor-price of kings, as it is said in the' Cain 
Fuithrime ;'2 or, as it is s,"ti,l in tlw 'Cain Patraic'3 :- 


(Lakes of KilIarn..y), by Fin
<,il1e. son of Cae Cinmathair, King of )Iunster, 1\hose 
,teath is nwntionerl by the .\nnni. of the }.',mr 'Ia-t(." at (j
I.1 .-\ O. 
S The Coli" rat,'aÏt'.-That i-, The' S. I1ChUi 
lor.' 



 
 Jú ð"ý.!?1/ '" 


 



15
 ,
eb({tl mete. 

/r.,.,d.t



C/
3i" 
Tm: nOOK mp5'lJ 5ell!J mp5'lJ mlJ; -amml afbep a nuppalJur, fopper; 
(\10' 
AU'II L. ((ppa ((11((ppa. 


'Lr,lan '00 bOlntnn .1. c1'mn '00 na ta1'caëmb 'ffe-o 'Otesa1' '00 belt 
(( c1'lUn na neë .1. anaJ1.tla te'f na La1'caëa III can If mlllflyt el tllla 
Eocuf naè mlllfl1' c1'eobta. L1'lall '00 anfoLam .1. '00 m n
è.ro':.a1!1 '00 
EabmL 'fre-o 'O te sa1' '00 bet I c1'lUn m1'S1C .1. llluLLoca ocuf fltLq c1'eUlL- 
ten'Oaëa ocuf f1'e111. .1. ullla In1:>lu.1- uma 111a flu 'Ðlbfl"Oe. no uma 
In"OIU e1reC, CI"O anroLam 111 La fin. 


Cpe{j ap a ft111 m (jpem1ll5(('Õ 1'o? 111 all el}lclb fObla, no 
,o.,n ap pacm b CUtl1 110 cunnp((lJa? 1 l' all elpcl Õ fObla 0111 ; 
OCUf '1' ml 1e lJO nn::hap m t::P611l1Uba'Õ 1'0 oppa, com((l) 
luat;mlJe lJo]'01rlJÎr a felch lJfelCema11l t::olcma, OCUf C0111((lJ 
U1'mlJl lJO bllJbmlJ a fa;smt. OCUf CllJ lJO aen pacmt) lJO 
hwbt::(( wt::, nÎ bUlJ upc1I1llt::e, uml1 na f61C CUIP OCur CUlllJ- 
. palJa '1' aell appa Illnbre1c. 110 '1' ((mlmlJ po h((ct::mbelJ 
a 1l1C f61n. ""Oa pmb aCT;U5alJ oppa, '1' a 1l1C amlm'Õ,ocul' 
I11t:1la pmb, If rOl161t; appa anaplw. eJl1C fo
la 1'1n ; ocul' 
l11((r a elplc CUIP no CUll1lapta, '1' ((e11 appa Illnnb. aCT; m(( 
c. !l0!. t::a aCT;U;salJ 1 cOl1mb belt ann, If å beri7 ap m act::u;sulJ 
O'D. GGi 
r111 ; muna Utl [((ct::u;salJ anlJ] It::lp, If a beri; ap m act::ub UlJ 
at::a lJO peI11lJL1öl'Õ. [OCur af e aCt7uËa a lJeI11lJL1Ëe]. .1. a 
lJa PI' apaen no a lJa lla11fl1' a11((en lJO pHq:;mL 11'1' l111e; 
no PI' ((5 111 ci lJap 5eU((lJ OCU1' anpr a5 m d po ËeUt1t
 
t::áp. 1 l' ann }'111 at::a foppet; appa anappa, aC{j l1nt::ó C((C 

 t.,131r 
alJln11l11ñe. 1rCf.tI1l pn ((t::((ap05((anal111alJonfelCeamal11 
t::01CelJa. nlÚra ttT' a5 m d po EeaUUrt::((p, ocur anPr ((5 
1f.1j3'.
Ç
' In t::1 lJap 5 ella lJ. If a1111r1'Õe ((t::a, cpenap o'Õap mpl1ct::hep, 
ï1 1t . 


T 
Se01t:: fIn {nplrl po ËeUuft::ap In lJt11ne 11(1v'1lam Wpltl 
1- 
I The knowiedoe 0'. ionorance 0/ bolh.- That is, of the parties to the contmct. 
Thio seems to be a quotation from some law maxim. 



THE BOOK OF AICILL. 153 
"4.v
:Jw
/
1
['11IM.Jt.-
Jf'rit. 
,U
/t, 311-'0 
<< f<JF the pleclc-es in i;iI"er i;ilv8r lIttffit be forn-'Mmin g;" or Tm,; Boo&: 
o OF 
as is said in 'urradhus' law" an . anarra '-article goes for Å'CILL. 
an 'arra'-article." 
One-third in mares: i.e. it i8 required that there should be one-third of mares 
in the third of Qorses, i.e.l' anarra'-auimals w ith , h
 n,.rVj when it is time of riding and It- 
 ')yt, 
not time of ploughing. Ône-third of 'ansolam.-mixture: i.e. itis required that 
there should be in the third of silver, one. third of that which is not ready to be taken, 
i.e. bowls and three-cornered cups and bridles. Copper in them: i,e. the worth 
of them in copper, or it is Clopper to-day C' 1n'OIU '), though they were not ready 
to be taken that da).. 
Of what is there this triple division made? Is it of 
, eric' -fines for trespass, or of bargain and contract debts? 
Of fines for trespass verily; and the reason why this triple 
division is made of them is, that the plaintiff might the 
more readily recover his debts, and that the defendant might 
the more easily procure them. But though it were in one 
kind of commodityk they (bm.gainancl contmct debts) were aIr. Dtht,. 
procured, there would be no objection, for debts of bargain 
and contract are pa id fOl' in one kind of goods. Or, there was 
an agreement that they should be so paid; if there was an 
agreement about them, they are to be paid accordingly, and if 
there was not, l et 'tlHarra' -a.Fticles òé gi Vëñ Th
ticles 
That is, in cases of' eric'-fine for trespass-; but if it be' eric'- 
fine for bargains or contract, one kind of goods is to be given 
for it. If however there be a verbal agreement about it (the 
contl'U,Ct), it is to be according to that agreement; if there 
be not an agreement, it is to be treated as a stipulation 
according to law. And the agreement the law speaks of is, 
"the knowledge of both or the ignorance of both I is to be 
the rule in the case;" or it may be that the person to whom 
the promise was made had knowledge and the person who 
made the promise had not knowledge. It is here" an 'an- 
ana' -article b
r an 'arrlL' -article," but let everyone get-- 

e. In this case the plaintiff has his choice of' anarra'- 
articles. If it be a case 'wherein the person who made the 
promise had knowledge, and the person to whom the promise 
was made had not knowledge, then the 1'ule is " let-him buy, 
lm-e,--Mrrow," &c. 2 
In this case the person had promised particular 'seds' 
at a particular time, and he was certain that he could not 



 


I Let him buy, hire, bo,.,.ow, ej.c.-A quotation from some law maxim. 



154 


Leù01l CCtcl e. 


TilE HonK Will 1'111, OCU1' CIIlIlL1 leII' na }.'U1
UE'-!5 ICfC UU111 U lIï=:eull1::u, 
OF 
AICILL. OCUl''OU1re 11l'D11ï=:1T> U1p Cln co r((hnr ((1:;:;P 1((<:;,U11(UU'O 'Dl1
e'D 
mp a cf'((lln((è CI11 ï=:U umt ((1('E' 1((<:;. 


c-Ilf" ,I'" 


C,90:;, [1n u((1l1r(( C((è p((j:ach '00i=:0, 110;;:;11 1lU ;;:;eUII1'<:;(()l 'OU111e 
ó l'éT> mrl1T>e all 'D1'1 T>E', ((e<:; 10F; (( C}UI1'O 'Oon }.'mchemu11I 
<:;olchl'Oa '01 11U 1'f'rm U 'Oa rU1'DueTI ; Of'II1' 111(( re( ((1W1l1 W al' 
1IIE((1)lIU 1I1Ú ëE'11e 1 l'mlu u1'Dum'D, t:u)l(lU e'D '00 lJt'olla'O '0011 
C,lï39. rf'lchemmn <:;01che'Da. ["Dmrhl UlI'Dl1
lT> ((1PI111 Ean Ñé'O s- 
u'p,<:;he 'O}.'01l((1'O111], OCU1' '1' a1l'D 1'111 a<:;a a )lOE(( (( r mlu 
10UI'OU((1T>. 


11(( ré1Ch CU1p ocul' CUIl'Dft)lra U11e I}' a mumt: a111mll1o 
haè<:;mEe'D 1(('0. 
1n(('O po hac<:;U1Ee'D }.'
lch m)lIT1E' ann '1' a nie. 


111(('0 110 11((è<:;m::;e'O (( 111C a 111l1U'D ml1''De '1' a lIíc '1' a 
, 111l1U'D ]'111. 
n1unar hntcmEe'D a níc U 111n(('O m111'DE', r
Elb 11W'D '1' 
1n crích ql1Chm'D cé'O a n'Dler<:;a1l 1a'D, 'Ole;:;ul1 'Ool'om 'Dul 
((P a cen'D, 0('111' mer ocu}' }.'ocul na cl1íche }'111 '00 <:;OU(!)t<:;((1' 
l1e l'énuu, at<:; m((11(( p01U lH'Duu1Iul' 'DO ((1l'D. 


C, 193i, 


J,w 71iJr t l 93 7 
" OCUl' n1 he((T> 'OÚll((Ù a m<:;h}.'t'
((T> C1(( ù1'Duanal' 1lE', ((11 
111'Dba1la}' rca)lr(ma a11111a [11e COl1P] hé,110 111 Ù1'DÙUnar 
en(prCUpr((1\C( a r
<:; pe 11ech. n1ú}'(( ÙI'DÙOIl((1' rCUp{;(ma 
U1I11'a [l1e copp] hé, 1I0cho 'Ole5((11 'Oorum 'Dul ((!II((ch. l((':<:; 
a ;'eol<:; '01'DIWCul 'DO 'Ola Ô
, ocul' mel' ocu1' fOcol U cJlíche 
!sré111 'Oó leo. 
111Úr a hl'Dbana1' e<:;((11rrnl1ra (( P
L l1e IIf'c1J, 'Ol(';;:;ap 
'OO1'U111 'Oul ((1l1((ch ; ocu}' 11. P"'P u1l1((1ch 'Oln'Dluca'D (( l'é<:; 
lell' [amach, ocul' a comm11ce C
11J be}' ((5 a <:;où((e; ocur] 
mer OCU1' }.'ocul na críche 1tlJU1Ch '00 pe rénnu]. [elplc 
'c CU1ll no cunn((llf'(( }'111; 0('111' m((1'a mll 'c }.'05 1 ((, (( 111T>!lucul 


c. 193i. 


C.193i. 


C, 19::i, 


. Wl",t i. in hi" pl)""
..i..,,.--Thnt i.. to gh-e the pll\intiff the 'nn:!rr.\ .-.lrti,'le
 
moot con' enient to himself. 

 A,.(l to taX"e.-FI)f h '("obuJ'lcur, gh"'ing nr taking-i"' C. 1!.:
7, read
 "'DO 
tUÙUIJlt: 'Uo. to he 
inll to him:' 



THE BOOK OF AICILL. 


155 


l wocurc them at the time of l )romisinQ: them, and it is to Tm: BOOK 
....... ..t. 
JHwish him for his illegal cOIIIluct because he had them AICII.L. 
not that the la,w compel8 him to purcha!<e t1wlll when he 
11as them not. 
\Yhen it is snid " every rlebtor !t(l!CI his ehoice," the person 
Jid not in that case promise a particular' sed', hut thai II(' 
'would pay the value of his propeliy to the plaintiff in any 
. seds' he coulcl find; amI if the defendant has in his pos- 
st'ssion any ':marra' -articlE' more convenient than another, 
he gives it to the plaintiti. This it; ulloU'f'{l, to punish him 
for his illegal conduct in not having bound lti1it to [fi ce a 
particular article, aUlI it is in this case the defendant has a 
choice of gi.l;in!! what is in his pusses!.ion.\ 
AU debts of b:u-gain anel contraet are to 1)(' aeeording as 
they were agreed to. 
If particular flphts have beE'n agree.l upon the.\" must be 
paid. 
If it has been agreed upon to pay them at a particuhr 
place they must be paid at that place. 
If it has not been agreed upon to pay them at a particular 
place, the creditor is bound to go for them to whatewr 
place in the 'tricha ched' -division they are due at, and to 
take 2 the estimation and award of that telTitory respecting 
the 'seds' nffaed in LI'lympnt, unless any enmity exist 
tùwards him there, (/ IUl i.f 80 he need nut go tlâthe1'. 
And it is a thing to be considered what kind the enmity 
is, whether it is deadly enmity,a or enmity which might lead .Ir.Enn,ily 
to his being robbed. b If it be de;:tdly emnity,k he is not bounJ i!:.;
::
- 
to go out, but the' seds . are to be sent to him to his house, and body. 
d h . h h 
.. d d f h . blr.Enmity 
an e 18 to aye t e arlJltratlOn an aWa\' 0 IS own ofsepam- 
territo ry respectinO'c them. I
ng 'S<fÚ' 
o jl'om a 
If it be enmity which might lead to his beiw r robbed,!> he p,rs01'. 
. b d t b t th . J ( , 0 I ,. ) . "Ir. Willi. 
IS oun 0 go out; u e man outSl e IIt(!, (t'utm' /.'1 
to escort him out with the . seds,' and protect him while 
levying them; awl he shall h!we the arbitratiun and awanl 
of the outer telTitory respecting the 'seds.' This is (( case oj 
'eric'-fine for bargain and contract; Lut if it Le (( case (!f 
, eric '-fhl!' for trespass, they (flIP [foods) are to he conveyed 



156 


Lebap. at cLeo 


1 
"r1 0 

 ('.,1 1 11'11' A) 
b
 ,
1b U 
j. C, 2.z.t o. O'/;. 1101 


THE BOOK co TUl1ce a 'Lech, ocur a cutltlama1tl Ëai:1Ë; tlO"sup.a Cl1tltla- 7 
OF 
AICILL. ma111 a'L. 
'f 
a metc ap.a retrep. reap. afTletl tl1 tla mm;atb, ocur 
pòp. 'DO p,aEatb tl1 tla'D ep,etl? .t/"rep. t:7UtlEattle 'Dp.utt:7h 
nr é afTletl a C111at'D;'1- tloch trLatl t11 reatt ropch, 111 
C.lí40. 'Dp.uLh, ap. 1f é aE 111f111 antenap. [comp.att:7t] na com- 
tlatt:7e La reap. af1"Ottean. 


C. 1937-8. 


r-/ 


CC mele ap.a felrep. .10 a mele, co p.mb a fir bp.et aem:; 11) feap. 
ep.ner na flaca amac, oeur noca né '00 p.me t;ap.sabmt ema'O, eo'Onac 
o t;mp.p.laca'O- Oeu r feap. .1. 11) feap. '00 p.ome t;0p.5abmt ema'O, oeur 
noca ne ep.ner na fmca. .1. fep. .1- fEJp.,lt;mp.p.mcai> 11) 'OP.U1t, mt;hsm 
fmp. m t;an Ir eo'Onac Så t;OIp.p.mca; ocur lIT ar fin Ir rottar 11) em 
t;U1ttt;ep. t;p.e nech co n'Ot1senn re a íe. CCrp.en .1. leur. U och lrtán 
.1. noc reþ1m no noc InnrmSlm eona'O rtan 11) fep. fuact;nmser 11) 'Op.ut, 
10 m t;an Ir eo'Onac ae t;mp.p.laca'Ò t;p.a. Up. I r é .1. áp. Ir é 
1
 ann rm I 
L(. l1uarat eomep.mtey{' fe1c oeur noca p.mbe eomlmp.a'Ò 'Oenma na fosta 
cor 11) t;í ep.ner na paca. 


N/3. 



t 


1 
02(UM1ï
 tA<I
 . 
-- 


.1. CU111 't>e1t1öLep. é ma air 1tl 't>p.u-ë é tlO 1tl "Sae-ë? Seë'L 
mbtw't>ul1 am. 



o Ocur CU111 't>e1t15'LeJl m:;uJlJla am a1r. 1n 't>p.u-ë e, tlO 1tl 
fear te-ë CU111't> 1 .1. a C11Hl cei:Jl1 mbb(('{)atl 't>eE am. Ocur 
ma po h1ca't> a C11Wl't> 
p.ll' 111 Jle ptl Jler1t1 Jlo fer 1tl "Sae-ë 
é tlO 1tl 't>Jlu-ë, ma ro hlca't> 1maJlcJla1't> atll1 fOJl a1'LhS11l, 11' 
a ha1r1C amU1c fOJl cuta. Ocur C1tl co 1101p't> 't>Otl ac'L cUJla't> 
1SfoJl1tl eco't>tluch 't>a fJl1rC1'Ler cwtt CO't>IWlf;.'A ac'L a1q;I11 
uu't>rU1n .1.0tl 't>Jlui:. rwfilf ? 


Cw ha1Jle'L C01me'LaJl feJlUl1tlltl 't>JlU1-ë C1tl a comJlO1tltl 't>la 
f1tle? .1. co cU1ceaJl; ocur comJloltll1 CJlICI 't>ltp fa1Jl Ó r'tl 
amac; ocur u Cl1111 ce'La bba't>utl bear mac CO't>l1a1-D uc al1 
"'0 't>pu-ë, 11' a1rec a feJla1tltl 't>o rOJl cuta. Ocur c1l1tl'Leë ap. 
eC11Ul'LeC 1" 11. 


1 As far aø jiw persons ,--That is the full period of five succes
ive occupant
. 



THE BOOK OF AICILL. 


13ï 


to his house and kept at his house; or, as 
need not be kept at his house. 
o son, that thou mayest know when a man pays 
what he has not incurred, and a man commits a 
crime which he does not pay for; viz. the man who 
incites a fool is he who pays for his crime; in which 
case the man \vho commits the crime, i.e. the fool, is 
exempt, for this is the instance in which fines of 
design are paid, and the man w ho pays had not 
design. 
o son, that thou mayest know: i.e. 0 son thnt thou ma)'est have know- 
ledge of judgment when a man pays out the fines, and he was not the person who 
committed the crime, this 
 the case of the inciting sane adult. And a man 
commit,. i.e. the cale of the man who committed the crime, and it is not he that 
pays the fines. Vi z. the man, i.e. the mau who incites the fool, he shall make rl'Sti- 
tution when it is a sane adult that incites; and from this it is evident that a per- 
son mu-t pay for the crime which is committed through him (hi& imtigation). 
p a J s, i.e. discharges. Is ex em p t, i.e. I maintain or insist that the man who 
commits the crime, i.t. the fool, is exempt, when he who incites is a sane adult. For 
it is the inøtance, i.e. for this is the crime for which fines are nobly paid when 
the person who pap the fines bad no intention of committing tbe crime. 


some say, they THE ßOO][ 
OF 
Ainu. 


? 


That is, when is it discriminated by his age whether 
he is a fool or a sensible person? At the end of seven 
years exactly. 
And when i" it discriminated by age whether he is a 
fool or a person of half sense 1 That is, at the end of four- 
teen years exactly. And if his crimes were paid for during 
this period, before it was kno\ITl whether he was a sensible 
person or a fool, then in case roo much was paid as compen- 
sation, it is to be paid back outside (by those who got it). 
And if only chastisement was inflicted on the infant who is 
expected to come to the use of reason, thue is only compen- 
sation to be '1rwde by him, i.e. the fool. 
How long is the land of the fool kept without being diyided 
by his family? That is, as far as five persons;1 and the diyi- 
sion of a forfeited land is made of it from that out; and if 
at the end of a hundred years a sensible son should be b01'n 
to (descended from) the fool, the land shall be returned to 
him again. And this is "certain for uncertain." 



1.)
 


Lebap. aIde. 


C'7qu 
Dff! 131 b 


THy. HUOK 
OF 
AII'''.I.. 


l Com pa1 L1 11(('0 COl1lfW1L1 111 C0111fla1L1 a1t;n
éEt;alt ann .1. 
compmL1 111 bu{(lon, no'O COmp01L1 act; erb0111 t;a1PflIOCn{(. 
1 comparn 111 'Opuu:::h 1ca1nchep no 
élcn.] 


Cl/1rJ 


C. 906- 
W39. 



Pfl CO C11101'O c{(n Cl0a1'O, OC11r 
Cfl can C111a1n co C1nU1'O 
S md1réðËop ann. }:ql can CIIla1'O 111100 111bualo'O In co'Onach 
t;U1ppwèt;a, co cína1'O 1m íc lIa p{(cn; reI' co Cln01'O 111 
'OrUt; bualt;a Imon mbu{(laiJ, cell C111a1n 1111 íc oa pac1J.] 


C.1939. [ 0 bur] or5a1n U1fllec-ra 10 'OpUIt;h ar a O1EI'O 1'8111 (( 
apn
fl, CI11 aiJbar, C11l b1"Obc!n01', 11' aon 11' t;ect;a cae 'Oflt11t; 
C. 1939. '" ['00 6iJoacnt amaë] 111a C111a1'O; 00 a111eo a 
111e a1
111 afl (( 
e1p, no 111 L1 oca t;a. Ceo anb{(p. 1"0; ocur ce belt; a'Obur 
C.906. [Ocur blnbaoor], 11' e 111 ce'Ooa, [Ua1r 00('0 rCtJ11WOO o'Obap. 
111 '0 1'1 0 'OtJ1rCI '00 Eller] ; ocur UJ1a1t Eao L1111Ea1re tilt a o 
C.l.-IO. " " 
[anl 'OrUd1 ao'O 1'1 n . 


IÞ 111 aro conll((ch ac t;0IJll11Oc1wn, OClir '01111t; ac buata'O, 
alt;n511l HI' 111 conoacn L:Olprwchno, ocnr rtao 'OrUt; bUU1tL1. 
Ceo a'Obor cell blnballur po. 111 a t;a hl'Obanur,let;archE111 
af\ cecnt;Or 'Oe. 111 C( t;a1t; 111ar aen a'Obalt ocur blnbaoar, 
cet;hrt11me 1'01' co'Onacn t;01rrwcht;a, ocur t;eOr a CeL: n r U 11'ne 

oror '011Ut; mbua1tt;e. 


C'. 19-10. 


In ura con1l{wn ac 'Olircon, ocu1' 'Oflu'ë ac buatan cen 
anùur, cen bl'Obc(1Ju1', qllOn }-'Op cO'Ol1acn O'OU1rCI, [ocur] 


I Consid".ed kere.-That i
. a crime within the mcanin/rof thi
 doctrine or para- 
/-'Taph, i.e. the actual blow (b). U.e fool) is inh.ntional; the inciting of the Þol hy 
the third party i. not done with the serious intent or expectation of the blo,,' being 

 truck. 
, A c,-i",inal >llaI' ,cithuut crime, .fc,-That is, the caSe of a 111.111 >uhject to the 
consequences of a criminal act, but not morally guilt)', and of a man actually and 
morally guilt
- of it, but not subject to the cons"(!ncnces of the crime, iil here con- 
sidered. 



THE BOOK OF AlCiLL. 


l.i !) 


A wilful crime which is not in puiltt uf jttd a. wilful TilE HonK 
ur 
crime is the wilful crime considered here, J i.e. the striking is AICII L. 
intentional, the inciting is not intentional but is ùone 
th}"Ou!]h folly. It is for a premeditated crime of a fuol the 
fines are paid. 
A criminal man withnut crime,
 and a man of cl.ime with- 
out criminality, are considered in this cast'. The sensible 
adult who incited is the man without crime as regards the 
striking, bitt i.'i criminals 11.<; to the payment of the fine; the 'ir. W;,h 
fool who struck i:; the IlIan uf crime as regards the striking, c,-i,n,. 
but is without criminality as to the payment of the fines. 
\Vhen a fool has committed a furious assault alone, of his 
own accurd, without cau:-.e, without enmity, it is then lawful 
tn give every fool up for his crime; or, acconlill!] to uthci'í
. 
compensation must be paid on his accouut by his family, or 
the person with whom he is. That 1c(/,8 without cause m' 
rnmity; but though there should be cause and enmity, it 
would he the same as 'ì'C!]r1 /.Ù8 the inciti II!] fJason, for cause 
does not take aught from 3 tlte liaùility of the inciting man 
at all, and this though he only requested and did not cum- 
pel the fool to tltf' (I!<,'illlllt. 
If a sensihle adult incites (( fool t() COlIlll
it It It (U;/S(W ft, and 
a fool commits the assmùt, the inciting sensible adult pays 
compensation, aUtl the fool who committed the assault L'i 
free. This i81J'hcn tlte
.1' i8 no L cause and no L enmity. If there bIr. W,/h- 
be enmity, each of them 4 pays compensation. If there he 011/. 
hoth cause antI enmity, the inciting sensible adult pays a 
fourth part (If tlte cmnlJPnslttion, and the fool who com- 
mitted the a.<;sault three-fourthf\ 
If a sensible adult incites, awl a fool assaults without 
cause, v.-ithout enmity, the sensible adult pays a third of thæ 
compen8afinn for tllC inciting, and the fool two-thirds for 


a For cmu-does ..ot dilliinish.-That i., the existence of any cause which would 
predispose the fool the more readily to commit the a,salllt at the instigation of the 
third party. 
. F",,.h ofthpm.-The fool anrl the "ane adult, i.e. the fool is to be cOII,idered as 
a p<Irli. ep' urn,inü if he is predi'posed himself to commit the 8'
all1t. 



160 


leb((p, mete. 


Tm: BooB. "Oa 'Lp.wn rop. "Op.t1'Lh mbumtn, cen a"Obap. cen bl"ObanUf 
AI


L. ma 'La bmbanur, r el r e "O rop. cO"Olwë 11"OU1rCe, OCt1r ('mc 
re11'1"O mte aT' "Op.u
 mbumtn. Ce bf'l
 a"ObaT' 'rre"O fIn 
C.21ïl. cenw, [umpJ noca rC01p.ell11 a"Ob(q
 111 "Opp. "OU1rCI "00 J:;1ler 


s m ara co"Onac ac "Ourca;;, ocur cO"Ollac ac 'L01pwcha"O, oCllr 
"Op.ut ac buata"O, qu(m roT' co"Onach ll"OUlrCI, oCllr 'Oa 'LP.Wll 
rop. co'Onach 'LOIp.p.wC'La, Oct1r rtan 'Opu'Lh bumtn. Cen 
a"Obap. cen bl'Obanur 1'1n ; ocur ma 'La bl"Obal1Ur, relre"O roT' 
co"Onac n'OUlrCI, 'Lp.wn roT' co'Onac 'L01T'T'wë'La, te
 m'LhE11l 
,)afl 'OflU
 mbumtn. ma La a'Obafl ocur b1'Obantlr, r él 1' e "O 
roT' co'Onac l1'OÚlrCI, rélre'O mte aT' co'Onac 'LOIT'p.wC{;a, 
'Oa'Lp.wn aT' 'Op.u'Lh mbumtn. 


C 2-113 


C. lï42. [1mach '00 rOÈtm'OI'LaP. al1"01'1n, ocur 'Oama'O eLop.p.a 
bu;;mn Latt, In cuqtUma po hiqm'L1'1m p.e 'Laeb fl11 amach 
I>CO na reapdlmn 'Oorum r01
 11ech elte, Eupab é 111 CU'L- 
T'uma r'n íc'Lhap p.lpum anora; ocur 111 cuqltlma p.o 
ícru"Or'Om p.e 'Laeb r'n con a reapLhmn '001br1l'11 ror nech 
elte, EUrlUb é 111 Lmnmp.mn'Oe 1'111 bur erbañach ua;;1' om 
1nOra.] 
2<> CI'O ro'Oep.a co rCU1p.enn a"Obap. ocur bl'O bana r nl "01'11 1 
'LOIp.p.wC'La, ocur co nac rC01p.enn ac'L bl"Obanur nama ní 
'Opr 'OU1rCe 1 11' e ra
 fo'Oera, p.o bm:;up. map. aen mCI, 
C.908. [IC 'Op.u'Lh], a"Obup. ocur bl'O baI1U r, p.eflu '00 p.111e fep. 'L 01 1 1 - 
p.wc'La a 'L01PT'wëañ, ocur COIP. ce p.o rcolp.'Olr nwp. aen nl 
C. 1742. 
5'Oe; noco p.01bl aë'L bl'O banu r [nama] mC1 all CI11'O pr 
'O Ul r C1 , ocur C01P. cen co rC01p.e'O tl1 'Oe ac'L 111 tan T'o bal 
air ap. a C111'O .1. b1'O banu r. 


C1'O fo'Oep.a co rCU1p.enn rep. 'OUlrCI ní 'OPT' 'LOlp.p.wc
a, 
Ocur co na rC01p.enn rep. 'L01p.p.laë'La nl 'Opp. 'OUlrC11 11' e 



 The proportion which he pays noW.- That is, ü the assault has been oommitted 
among the memLers of the triLe. 
2 That .chich was 011 him.- That is, the portion of the fine which the fact of the 
fool's having enmit". towards the man assaulted, would render the fool liable for. 



THE BOOK OF' AICILL. 


161 


assaulting, without cause without enmity. Should there THE BonK 
be enmity, the inciting sensible adult pays one-sixth of the Al

LL. 
compensation, and the fool who committed the assatùt the 
other five-sixths. Though there should be cause it is the same, 
for cause does not at all diminish the inciting person's liability. 
If a sensible adult rouses him, and a sensible adult incites 
him, and the fool commit.., an assault, the sensihle adult who 
roused him pays one-third of the compensation, the sensible 
adult who incited him two-thirds, and the fool who commit- 
ted the assault is free. In this case there wus neither cause 
nor enmity; and should there be enmity, the rousing sensible 
adult pays one-sixth, the inciting sensible adult one-third, 
and the fool who committed the assault, one-half of the com- 
pen&'ìtion. Should there be cause and enmity, the rousing 
sensible adult pays one-sixth of the compensation, the in- 
citing sensible adult another sn..th, and the fool who com- 
mitted the assault, two-thirds. 
Outside (in anothe1' taritory) the assault was committed 
in the above case, but had it been between themselves within, 
the proportion he would pay in respect of it out (to the 
stmngers) and for his committing it on another person, is 
the proportion which is paid by him now 1 ; and the propor- 
tion which he would pay in respect of it for their inflicting 
it on another person is the proportion which is subtracted 
from him now. 
\Yhat is the reason that cause and enmity subtract part 
from the liability of the inciting man, and that nothing but 
enmity subtracts part from the liability of the rousing man? 
The reason of it is, he, the fool, had them both, cause and 
enmity, before the inciting man incited him; and it is right 
that both should take something off him (the inciting 1ìLan) ; 
he had but enmity only before he was roused, and it is right 
that nothing should take anything off him (the rousing man) 
but that which was on him. (the fouÎ) before he roused him, 
viz. enmity. 
\Vhat is the reason that the rousing man takes something 
off the liability of the inciting man, and that the inciting 
man does not take anything off the liability of the rousing 
man? The reason is, the full fine had ah.eadv been in- 
YoL. III. 
I 



ß,q..'J.O.1:233' 


Hi2 


tebult alcte. 


TilE BOOK In fat; ro'Oella, p.o 1le1t;lr'Lep. a tÚIl cena fOP. fe1l ll'OUtrc1, 
OF ....,.. '" t 
AICILL. p.tar1U '00 p.llle fep. 'L01p.11WC'La a 'L01p.ptae'La'O, OCur In all 
110 pelt;lr'Lap mp. C01P. cen co re01p.e'O n1 'Oe. 
111 ara 'Op.u'Lh ac 'Lolpp.taë'Lai'> oeur '011U'Lh ac bualcl'D, 
s-conp.anlla'L hmt; baq:;al: 11' led. m'LhSln ap cech'Lap. 'OC. 
Cen a'Obap cell bl'Oballur 1'1n. 111 a 'La bl'ObclIlur, cedlpUtmC 
ap. 'OpUt; 'L01p.}ltaC'La, 'Leop.a ee'Lh111l1me ap. 'O}1Ut; mbuml'Ll. 
n1a 'La a'Obap oeur bl'Obanur, ocnllai'> ap. 'OP.Ut; 'L01p.p.wë'La, 
na rec'L p.anna ul1e a}1 'O}1ULh mbuml'Ll. 


ID n1ara 'O}1Ut; ac 'Ourcai'> oeur 'Op.U'Lh ac bUCltai'>, r e1 1"e'O 
ap 'Op.U'Lh n'OlI1rC1, OCur a cUte ret}'1'O ap 'O}1U'Lh mbumln. 
Cen a'Obap., cen bl'Obanur; ma'La bmbanur, ml1 'Oec a}1 
Sic. '01lU'Lh n'OUtrC1, acnn }lann 'Oec ap 'OP.Ut; mòumln. Ce bet; 
a'Oba}1, l1're'O a CeL1lU, ump. noco rC011tenn a'Obap. n; 'Op}1 
1"'OU 1 r C1 . 


111ara 'Op.u'Lh ac 'Ourcai'>, octlr 'O}lUt; ac L01pp1al:'Lai'>, oeur 
'OllUt; ac buatai'>, 1'e1re'O ap. 'O}1Ut; n'OlI1re1, quan OCur mle 
'Oec ap 'Op.ut; 'L01p.ptaC'La, 'Lptan ocur mle 'Oec ap. 'Oput:h 
mbumln. Cen a'Oba1t cen bl'Obanur rln; ma La bl'Obu1Iur, 

mle 'Oec ap. 'O}lUt; n'OUtrC1, re1re'O ocur 111 Ce'Lh}1tl1me pann 
pchl'{j ap. 'Op.u'Lh 'L01p.p.taC'La, tan 0 t;a re1n amach ap 
'Op.u'Lh mbuml'Ll. 111 a 'La a'Obap. ocur bl'Oballar, ml1 'Oec 
ap 'O}1u'Lh ll'OUtrC1, ml1 'Oec ocur 111 oe'Lmai'> p'ann ce'Lh- 
1wcha'L fOP '011U'Lh 'L01}lrl1aë'La, lan 0 'La pn amach a1 t 
,s'Orw'Lh mbumln. No, coma'O CUtC lW1l1W '00 'Oenum 'Oon 
mdlE11l rUIlIl, OCur 11' e fa'Lh ap.a ll'Oell'Lap. 1'111 comu'O a 
ql1UIl '00 bet; 'O}1udl 'OUtrC1 '00 ErtCr 1le 'O}1Udl 'L01}t}t1Clë'La, 
((\111111 a'La co'Onach 'OU1rC1 'Lruar a quun 11e cO'Ollach 
'L01}111 1Cl I:'La. 


1 Thefin
.-This is a quotation from 
ome ancient law-book. 
2 And one.tlcelj
h.-The lIIS. here has .. one-eleventh," but the context shews 
that the true reading should be " one-twelfth." 




 -
 


TH}
 BOOK OF AlCILL. 


163 


curred by the rousing man, before the inciting man causcd THE BOOK 
the incitement, and it is right that the full fiu'/! incun'cd Al
:
L. 
by him should not in any way be lessened. 
If a fool incites and a fool assaults <, let fools diviùe the 
Hne a ;" I there is half compensation from each of them. In aIr. Risk. 
this case thue was neither cause nor enmity. Should there 
be enmity, tlLefine is one
fourth of cornpensati-on upon the 
inciting fool, and three-fourths upon the assaulting fool. 
Should there be cause and enmity the fine is one-eighth vf 
c(}'lnpe'1/"
fttion upon the inciting fool, anù the other sc\"cn 
parts upon the assaulting fool. 
If a fool arouse and a fool commit an assault, the fine 
is one-sixth of compensation upon the rousing fool, and five- 
sixths upon the assaulting fool. He1'e tM1'e 'lVUS neither 
cause nor enmity; and should there be enmity, the fiM is 
one-twelfth of compensfttion upon the rousing fool, ftnd one- 
twelfth 2 upon the assaulting fool. Though there should be 
cause, it is the same, for cause on tlte pad of the fool docs 
not take any thing off the rousing man. 
Should it be a case of a fool arousing, and a fool inciting, 
and a fool committing an assault, the fi1Le is one-sixth of 
compensation upon the rousing fool, one-third and one- 
twelfth upon the inciting fool, and one-third and one- 
twelfth upon the assaulting fool. The1'e 'was neither cause 
nor enmity in this case; and should there be enmity the fine 
is one-twelfth of compensation upon the rousing fool, one- 
sixth and one-twenty-fourth upon the inciting fool, alid 
the full remainder upon the assaulting fool. Should 
there be cause and enmity the fine is one-twelfth of cu1lt- 
pensntion upon the rousing fool, one-twelfth and one-forty- 
eighth upon the inciting fool, a1ul the full remainder upon 
the a,>saulting fool. Or, acconlin[J to othe1.s, the compen&'t- 
tion in this case iR to be divided into five parts, and the 
reason why that is done is that the rousing fool might have 
I . b Ir. To. 
to pay a third always as between fLl71'tself and b the inciting 
fool, just as the rousing sensible adult in the case above 
'1IU'ntioned }J(l!fS a third (t.'; between hillu;elf and a the inciting 
scnsible adult. 
VOL. Ill. ::II :? 



164 


tebart U1cte. 


THE BOOK 
OF 
AICILT.. 


Cach umft1r C111C ftanna '00 n1t;eft 'Oon mt;hE1n, cUlce'Õ 
aft 'OflUt;h n'0111rC1, 'Oa C111ce'O ap 'Oput;h t;01ppwct;a, '0(( 
CU1ce'O ap 'Oput;h mbumln. Cen a'Obap cen bl'Obullur fin; 
ocur ma t;a bl'Obanl1r, 'Oecma'O ap 'Oput;h n'0111rC1, Clilce'O 
oap 'Oput;h t;OlppWct;a, lan 0 t;a 1'1n amach ap 'Opm::h 
mbumln. ma t;a a'Obup ocur bl'Obanl1r, 'Oecma'Õ ap 'Opllt;h 
n'0111rC1, 'Oecma'Õ ap 'Oput;h t;01ppWCt;a, C61t;pl CU1CI'O ap 
'Opllt;h mbumln. 


Cl'O be co'Onac 11111 '00 ne In t;01ppWl'a'O, 11' cuqlUma 
1'coiper U1t;hE1n '00 'Ollllt;h, Cl'O co'Onac uppm'Õ, Cl'O co'On((c 
'Oeopm'Õ, Cl'O co'Onac mupcmpt;e, Cl'O co'On((c limp. CClt;hE1n 
C.910. J'op co'Onac nuppm'Õ [1 n'0111ne, C611:pl rect;IIlUl'O ap co'Onac 
'Oeopa'O, 'Oa recnna'O Ocur In cet;p((m(('O lwn'O '0.35] na 
((1t;hEena J'op co'Onac mupcmpn, reCnTla'Õ na mt;hEena 
I.' J'op cO'Onac n'Omp. 


Cl be eEco'Onac 1111e '00 ne In t;01ppwca'Õ, 11' cut;puma 
rC01per let; mdrSln '00 '011Ut;h, Cl'O ecco'Onac mupcmpt;l, 
CI'O ecco'Onac 'Oml1. 


_c. 911. [Let; mt;hEln J'Oll mac 1 nmr Ica let; 'Olpe ul 1 pm'O, C611:1'1 

1'ehmm'O na han:::hElna J'op mac 1 nail' ka let; 'Olpe 
'Oeopa'O, 'Oa rect;ma'O ocur 1n cet;pam(( pan'O 'OeE n(( let; 
mt;hE1na J'op mac 1 nail' ka let; '0111e mupchupt;a, recì:::ma'O 
na let; mt;hElna J'op mac 1 nail' ka let; 'Oípe 'Oaíp, 'Oa 
t;ecma.] 


25" 8echn1lH'O na let; mt;hEena 1'011 mac 1 naer 1ca mt;h- 
c. 911. Eena [uppm'O]; C6!'Cll1"rect;mm'O recn11m'O na let; md1561w 
,:'up mac 1 naerr 1ca mt;hEen(( 'Oeopm'Ò; 'Oå recn1lH'O ocur 
1n Cet;hp111me p((nn 'Oec rect;mm'O na let; mt;hEena ,:'op mac 



THE BOOK OF AICILL. 


165 


'Vhenever the compensation is divided into five parts, TilE BUOK 
one-fifth is the fine upon the rousing fool, two-fifths upon AI
I:L. 
the inciting fool, and two-fifths upon the assaulting fool. 
This 1,8 vJhen there is neither cause nor enmity; but should 
there be enmity, one-tenth of the compensatinn falls upon 
the rousing fool, one-fifth upon the inciting fool, and the full 
remainder upon the assaulting fool. Should there be cause 
and enmity, the fine iq one-tenth of compensation upon the 
rousing fool, one-tenth upon the inciting fool, 0 nd four-fifths 
upon the assaulting fool. 
Whatever Rensible adult has incited (( fool, whether he 
(the incite1') be a sensible native freeman, a sensible stranger, 
a sensible foreigner, or a sensible' daer'-man, the compen- 
sation due of the fool is alike diminished. Compensation in 
full is the fine upon the sensible native freeman for injury 
to the person, four-sevenths vf it upon the sensible stranger, 
two-sevenths and one-fourteenth of the compensation upon 
the sensible foreigner, one-seventh of the compensation upon 
the sensible' daer '-man. 
Whatever non-sensible person has incited (t fool, whether 
he (the incite'/") be a non-sensible native freeman, a non- 
sensible stranger, a non-sensible foreigner, or a non-sensible 
'daer '-man, the compen.'iation due of the fool is diminished 
equally. 
Half compemmtion is the fine upon a youth at the age of 
paying the half-'dire'-fine of a native freeman, four-sevenths 
of the compensation upon a youth at the age of paying the 
half-' dire '-fine of a stranger, two-sevenths and one-four- 
teenth of half the compensation 'upon a youth at the age of 
paying the half-fine of a foreigner, one-seventh of the half 
compensation upon a youth at thE' age of paying the half. 
'I!ire'-fine of a 'daer'-num, should it (.<Juch a c'l"e) occur. 
A seventh of the half compensation is the fine upon a 
youth at the age of paying the compensation for a native free- 
man; four-sevenths of a seventh of the half compensation 
is the fine upon a youth at the age of paying the compen- 
sation for a stranger; two-sevenths and one-fourteenth of a 
seventh of the half compensation is the .fine upon a yuuth 



IGG 


Lebar- atcLf'. 


Till.. BooK 1 naer 1ca <<1Ú1ECIW mupcmpi;,; retLm(("l) r p j.LnWI"O na 
OF 
AICILL. lei; <<1Úl]:;ena fOP mac 1 nae}' 1ca <<1Lh;sena "O<<1p. 


llSi; m reëLma;; fOP mac 1 naer 1ca lei; 711PI "o<<1p, OCU)' 
1n L<<1nmpmnne 't)o lan a aLhap bu"Oeln u11 ap mac 1 n- 
5( W r Ica mLhEcna UPP<<1;;, copab 13 m L<<1nmpamne 1'111 
"00 lan a aLhap bel' ap mac 1 naer Ica <<1Lh]=:f'Il<< "Oeop<<1;;, 
110 mupcU1ptl, no "o((1p. 


CI"O fo"Oepa nach reCLma"O lam a aLhap U11 ap mac 
1 n((er 1ca a1LhEena UPP<<1;; runn, amml aLa 1n cae ma"O 
/eO -Ea r'n amach 1 11' 13 fat fO"Oepa, comE1l1m "Oa eco"Onac 
c. !lIZ. 1111 ann, ocur 1n [cuLpuma] rCOlper a "Oeop<<1;;eet:; no [a] 
C. !lI2. mupcmpteet:;, no [a] eco"On<<1;;eCL, no [a] mlpl "Olbr1Um, noc- 
c. !lI2. [on] ap, "Oput t:;elt:;, act:; a "Oul pe lap. 1n cUt:;puma rC01pel' 
a"Obap ocu}' bl"Obanur cae U<<1p an(1t:; a1Clr'Um, nocon op- 
s-po)'um t:;elt:;, act:; ap "Oput, ocu)' cae U<<1p na fUll <<1CI)'1um, 
1}' oppurom t:;elt:;. 
C 211 b aA,rj;,: 
 
 
 
 Ov &t{ % 
 
 4-<> 7 C1IM 
.,.w.e 1 7IQ./ Jt.Mt hW 
 dv'
L 
 
 
 
 [
1 fhv þHv t?\I 
 
fit fÑNfII'" ,"",A.
 
 
 
 '" 
. 
 
 o.rv 
v. 
(( metc ap,a J'etrett ùLw 'LHtf1. 



 


.1. na hU11e "Ocnt:;a 1'0 I"l' U11e 0 t:;<<1PEeba 1n E1l1mpa;; 
c. !lI2. ocu}' In rU1"OIU
a;;, OCur Ó na [b1(( pr] fOPCP<<1;; no <<1Cbel1e 
'10 no 
qdJ
t> 11' "O('11t:;a "Olpat-(-, oeur '1' rlan 1((t:; a let plr na 
hU1t1b, ocur 1'lal1 na hU11e a let p1U. 


C. !lIZ. 


111 a "00 pala fOEatl [cén bei;ap I'{c] c(,eoni5111muEa"O ocu)' 

on{'U1"OIU5a"O, 1'latllL1 e}'patE oeu)' et:;apÕatE an11, t:;P1((11 
1. 



TIlE nOOK OF AIC'ILT,. 


IG7 


at the age of paying the compen&'ttion for a foreigner; a TilE nOOK 
seventh of a seventh of the half compensatiùn is the fine AI
I
.L. 
upon a youth at the age of paying the compensation for a 
, dae1"-]nan. 
Half the seventh of cmnpens{dio,
 is the fine upon a youth 
at the age of paying the half-' dire '-fine of a 'dMr'-man, and 
the proportion of the fnll-:tìne of his OW;} father which is 
upon a youth at the age of paying the compensation for a 
native freeman, is the proportion of the full:fine of his 
father which shall be the fine on a youth at the age of 
paying compensation for a stranger, or a foreigner, or a 
'daer'-man. 
'Vhat is the reason that it is not one-seventh of his 
father's full:fine that is irnposl'd on a youth at the age of 
paying the compensation for a native freeman here, as it is 
in every case from this out? The reason is, it is the joint 
act of two non-sensible adults that is considCi"cd here, and 
the proportion which their condition of stranger or foreigner, 
or their want of sense, or their madness takes off them, goes 
not upon the fool, but falls to the ground. As to the proportion 
which cause and enmity ta,ke off as often as he (the fool) has 
them (i.e. cause and enmity), it is not upon those (abuvc- 
'ììwntwned) it goes, but upon the fool, and as often as he has 
them not, it is upon those it goes. 


My son that thou lllayest know the e
emptions 
with respect to rights QjJ pâZd iJJ&, &c . 
That is, all the buildings here mentioned from the tinw 
that the work has been finished and the aJTangement com- 
pleted, and when there is no knowledge of excess or Janger 
or defect, are lawful buildings, and are safe with respect 
to all things, and all things are safe with respect to them. 
If an accident should occur during the erection or the 
hr;" 

 ara.ti{)n fOl'- it, the1'e is no fineR fm' illju1.it!S dunc to idlers . Ir. EJ"- 
and unprofitable workers, I tMlre 18 one-third of compensation tmption. 


I r..prnjital.lc ,coders, i.e. persons whose presence there wa
 unnecessary for 
tlleir profit. 



IG8 


tebap. U1Cte. 


THE BOOK na1L'hpna 1n naer com51l1mpam OCtJr In cae t:opbCtch 
OF.. [ 
AU'ILL. OClIr In CCtc pop. Cen fir cen mcpn 1'111. e'C alia 1'1111111((.] 
c. !)J3, 


c.fi!I29Ij,Ij
 


[.",.
J 
111a 'Ca pr fOpcpam ^ a1cbelle 110 et:aUa1r, '1' a111t1111n- 
'D'De1i:b1p 'Copba 1m let a1'Ch5111 1 11erpae ocur 1 11e'Capbach, 
of a1dl];111 a 'Copbach, let; 'D1pe la a1'ChE1tl a pllpll. 


C,913 


1 l' an'D m:;á rla1n'C1 e1'pa oClIr e'Capbae ['DO pH!ì:;a11, let; 
p1l1,] 111 111bam m:;comla1C cae 'D1b a eÉ11e; 110 111 aCa1'D cae 
'D1b a celle; 110 a'CC01111Cm::Ctprom rep 111 E1l1ma ocur 111 
acam r e p111 Emma 1m:;rOm; rla1n'C1 erpm'Ò oClIr e'Capba1'D 
ann. 'Cp1Un m'ChEena 1 11aer comEmmpm'Ò, 111 cae 'COpbae, 
ocur 111 cach pob, ce11 fir ce11 a1cpn. t11ara a1cf1l1 co 1' a11 - 
ee'Ca111 a p1((ch'Cana, co caemac'ClI ImE(tbala, let; a1'ChE111 1 
11erba15 OClIr 1 11e'Capba1È, m'ChE111 a 'COpba, lei:'D1pe la a1'Ch- 
E'11 a pllpll co 11a1Cf111 l1a pob, oClIr muna acam, '1' 'CpW11 
J.11a1'Ch5 e11a . 


,I í I1fr IL 
'1)- 


t11m:; C011'Da1CrOm 1m::rOm ocu1' 111 aca'ClIp}'om e'r'l1m, 
OCll}' pob e a 'ClI'Cr'r'l1m co raca'Cap, ocur apCt1'De 111 acCt- 
'Cap, '1' am1111 111'Del'r;b1pe LOpba 1m let a1'ChE111111erba oCllr 
1 ne'Capbac, a1'ChE'11 a 'Copba, lei7D1pe la a1d1E111 U Pllbu. 
<<mat; connmCr1l1m 1m:;rUm oClI1' 111 acCt'Caprom mrlllm,OCu1' 
C11111'C1 le1r'l1m C011 11a raca'CCtp, ce'ChpU1me 'Dlpe la a1'Ch5111 
1 11erbaeu OClIr 1 ne'CapbaclI, let'Dlpe la a1'ChE'll a 'Copba- 
CU oClIr a publl. 


I p,'ofita1Jle workers, i.e. persons whole presence there was necessary for their 
profit. 
S The text is defec'i.e here. 
t Krwwledge of excus danger ordifect, i.e, if the 0" ners of the building in course of 

rection were aware that the building was in any way dangeroue,and an accident occurs, 
the idlers and unprofitable worJ..crs are treated as if they \\ ere profitable" orkers. 



THE BOOK OF AICILL. 


169 


dlLe for inj'1J;rieB done to all fellow-labourers and profitable THE BOOK 
workers 1 and beasts. This is in case they (the builders) did Al
I
L. 
not see the injured pej'sons or know of thei'l' p'l'csence; et 
alia similia. 
Should they (the owners of the building) have knowledge , 
of excess danger or defect, it is 
it wcre F,'ofi tab!&-t o 

 
 
the-.injm:OO _p.eJ: son 
 
tlwugh-not--Hec
ry l-r\, 
 o/r 
trlm-profit; as regards half compensation for inju'lies to .Ir. UnrJ(!- 
idlers and unprofitable workers, compensation for profitable ;.:;? 
workers, half' dire'-fine and compensation for beasts. 
The case in which exemption fl'O'1/1, fin{',s for injury to 
idlers and unprofitable workers is the rule with respect to 
them is, when each of them 3 saw the other; or, when neither 
of them saw the other; or, when they saw the working man 
and the working man did not see them: tlw?'e i.
 exemption 
fl'Om fines for injuj'y to idlers and unprofitable workers in 
this case. One-third of compensation is tlw fine for inj'l.t?'Y 
to fellow-labourers, profitable workers, and beasts, pro- 
vided the act was not intentional or the injured person seen. b 'Ir. With- 
If he (the injured person) was seen, and his being struck ;:;,:

-ut 
was supposable, but may have been avoided, the fine is half seeing. 
compensation for inju?'y to idlers and unprofitable workers, 
compensation for inju?'y to profitable workers, half' dire'- 
fine and compensation for inj U?'y to beasts, if the beasts were 
seen, and if they were not seen, it (the fine) is one-third of 
compensation. 
If he (the wOl'krnan) saw them and they did not see him, 
and it was his impression that they did see him, and it is 'Jt#Tot-!IJ. 4.0 
Gerlaia they did not see him, it is like a case of 
y 

, as regards half compensation for injwries to idlers 
and unprofitable workers, compensation for injll?'y to profit- 
able workers, half' dire'-fine and compensation for inju?'y to 
beasts. If he saw them and they did not see him, and if 
he was certain they did not see him, the?'e is one-fourth of 
, dire' -fine and compensation for inju'j'y to idlers and un- 
profitable workers, half' dire'-fine with compensation for 
injury to profitable workers and for injury to beasts. 


3 When each afthem-that is, the idlers amI working man. 



Tm: BOOK 
OF 
A ICII.L. 


Sic. 


C.9H 


c. 
 l-t, 


C.914- 
V15. 


liO 


Leb(!jt mete. 


CI'O fo'Oefla cooa'O cUt:fluma '1' 10 flob ocur '1' 10 t:oflbaë 
aoo ro? 11' e rat; fo'Oefla, 10'Oelt:hbelflln Emma lnuonU1Eer 
!at:, UU1fl amUll flob a let; fl1r 10 t:oflbaë '1' CIn'Ot:1 le1r 'Oá 
of'mmc1'1o. N a co'oou15 'OeU1t:he Ulllt: afl U111'O 1 oumfl 
ó'Oenma 10 EmmflU1'Ò amUll erbU1Ë; !at: bu'Oeln, ocnr ((ml\11 
er bU1 Ë; a flmb ocur a oeco'OnU1f;. 


11mb ocuf eco'OoU1E In loct:a na fUIl1t: afl U1fl'O, '1' 1n'O- 
t:lb m:a In lcm '1' mo; flUlb ocur eco'OomE In loct:a na fUll1t: 
afl U1fl'O '1' 1nt;lb at:a 10 lan '1' lU5a; flUlb OCU1' eco'OoU11' 
Ie In loct:a m:;a afl ((1fl'O ac 'Oenam EmmpCl1'O, ma cumaoEafl 
a O'OICOfl, '1' a mbelt; amUll erbU1Ë;; mllna cllmaoEafl, '1' 
a mbelt; amUll LOflbU1'Ò. 


10 LOflbac bO'Oafl 'Oall [ocur na bacU15, co fir a o'OatUe 
ocur a mbu1'Ofle ocur a mbacU15e], '1' ambIt; ((mUll 10 
,,çflob; 10 cUt:puma bwr '1' 10 LOflbach mbo'Oafl o'OaU, COI1- 
((b a let; bel' '1' 111 oerbach mbo'Oafl o'OC(U, ocur ooco oa5- 
abafl a 1'lalnt:! '00 Efler. [Co fir a bo'Oofl'ÒU1Ue po ; OCllr 
oochoo fer a bo'Oap'ÒU1Ue, '1' a bett; amatlln LOflbac bu '0015 
lelr 'Oa fU1Cj1O, ocur oaCarfaCU1'O.] n1a t:U1t: arUlle atCl 
}o ocur 01 tI1l1t: a cluara, 00 ma t:ált: a cluara ocur oí Ull1t: a 
1'ul1e, ocur Cl be 'Olb at:a atCl, '1' a mb61t; a111Ul1 erbU15 a 
lei; fl1r. Cl be 'Olb oac fUll U1Cl, '1' a mbett; amUll LOflbm5 
(( lct; fl'r. 


[RUlb ocur eculn'O oa co'Onaë o'Oe({1t:h Ull afl lI1fl'O ocur 
%50a fle5ap, a ler, ocur oa fUl1et: a 'Oeoom 5mmflat'O, ocur 
flo 1'ét:1'U1Et:ea a o'Olchufl ceo t:oflmerc oEmmflU15, amU11 
e1'ba la'O, ocur efllc erba 10'Ot:U. RU1b ocur ecUlo'O oa co'o- 
nae oa 1'U11et: afl atfl'O, 00 5e t:U1t: afl U1fl'O ma'O fle5afl a 
ler fle 1'UlfllfllU'O 05t11m, 00 Eeo 50 fleEafl a ler fle 'Oenam 
1 Had DOt 8_ Mm.-The text is defective here. 
2 Such a< at." p,.esent.-The Irish here ßj:(ßin is snch as arp not preoent, hut the 
repetition of the negative must be a clerical mistake. 



THE BOOK OF AICILL, 


171 


'Ylmt is the reason that there is the samefine for the beast TilE BOOK 
and the profitable worker in this case? The reason is, the A[
:
[.. 
non-necessity of the deed equalizes them, for it iB tkns thctt 
the profitable worker, who he was certain had not seen him,. 
he comes as the bcast with 1'espect to the ?'est'it'lltion nnd 
'di?'e '-fine. The idle sensible adults who are present at 
the time of doing the deed are themselves con.'iidered as idlers, 
and the beasts and non-sensible persons bclonging R to them aIr. Tlteir. 
are conside1'ed as idlers. 
For the beasts and non-sensible persons of such as are 
not present the greawst full-fine is paid; for the beasts and 
non-sensible persons of such as are present 2 the smallest full- 
fine is paid; the beasts and non-sensible persons belonging 
to those who are present doing the work, if they can be 
sent away, are to be regn?'ded as idlers; if they cannot, they 
are to be reganÙ3d as profitable workers. 
The deaf blind and lame profitable workers, when their 
hlindness and deafness and lameness aL.e known, are to be 
?'eganùxl as beasts with regm'a to the fine; whatever is the 
proportion of fine for Ì11jury to the deaf and blind profitable 
worker, the half of it is for inju?'y to the deaf and blind 
idler, and for inju?'y to such deaf and blind idle1' there is 
never full exemption. This is when his deafness and blin(}- 
ness are known; but should his deafness and blindness not 
be known, he is to be ?'egLtnled as a profitable worker, whom 
he (the workman) supposed to have seen him, but who did 
not see him. If he (the person inju?'ed) can see and cannot 
hear b or if he can hear and cannot see, he is to be regarded bIr. Haø 
as a
l idler, with respect to whichever faculty of them he 

j.:'1I0t 
has. With respect to whichever fLtculty he has not, he is hiø ears. 
to be regm'ded as a profitable worker. 
The beasts and non-sensible persons belonging to idle 
sensible adults whieh are present but which are not required, 
and are not doing any work, and which could be driven away 
without intelTupting the work, an ?'ega?ded as idlers, amI 
the' eric' -fine for injur.'1 to idlers shall be paid for inju?'Íng 
them. The beasts and non-sensible persons belonging to sen- 
sible adults who are not present, or who though they be pre- 
scnt are required for the pnrpose of work, or who though not 



l ...
 
I.... 


tebap. mete. 


TilE BOOK E111mllm'O, 110ëo I1fe"Cap. a 11'01Chup. Uat"Ch1b Eel1 "COlpme1'C 
AI
I

L. I1E 111m r m È, ammt "CoJibachu ta'O bu'Oe111, ocur amml "Corba 
a p.U1b ocur a neco1'>nmEe"Cu, ocur ep.1c "COrba 111'O"CU ] 


CC batt ná "COp.matE mC1"U 1'eë 'lemmCr' 111 1m 'OU111e, 
S noco "Ce1"C p.ob 'Oop. att::hE'11 01111, ma"C cer, 110 'OCt "Crtal1 na 
m"ChEena mal1a facur ; ach"C mUl1a "CormmEea b,tb,11C" no 
mcbette E111mp.m'O, 110 'Oettblr 11111m'O. 


CC batt a "CormmË mCf1 reë nemmcf1u 1111m 'OU111e,noco 
"Cel"C p.ob 'Oar tet'Olre ta mdlEln ((1111 ma"C cer, no 'Oa "Crtal1 
o 1lm"ChEel1a mana 1'aCur ; ac"C mUl1a "Copmm;sea bH%111CI, 110 
mcbette E111mrm1'>, 110 'Oettblr 11111a1'O. 


Cach batt a l1ebm1l"C 1'ep.na mbtat urfOClla OCur up.1'cap.- 
"Ca'O, '1' a bl"Ch mr ; cach batt I1IX hebm}1"C, '1' U l1emb,"Ch. 


Cach 1111'Or ar C111'O u5'Oa}1 C1n'OIU'O 'Oe1lma, 0 '00 Eel1m:; 
C.91:;. /ð'amtat'õ rln he, 11' 'Oél1"Ca '01}1cnt, [OCU1' '1' 1'tÚI1 1 telt }111' 
l1a hUtbb]; man(( 'Oern"Ca1l1"C1}1, '1' b1tb111ëe '00 rtaEatt r11" 


Cach 111 1'0}111a}1 C111'O UðO((r C111'01U'O 'Oe11ma, 0 '00 ;sella::; 
"IÝ 2t'l-. 10- he amUtt 11' 'ObË-ëechu CUl1aI1Em:;ar,11' 'Oel1"CU '01}1at"Ch; 
mana 'Oerna"C 1"C11l, '1' b1tb1nche '00 }11<<5at t r'r. 


20 Na hU1te b0}1bE111m}1a'O u1te na cumal1Ea}1 '00 'Oel1am cen 
clO1r"C111, no cen mC}'111, noco necel1 u}1foc}1a '00 }11<<5mt a 
tet r1U; aë"C mU11a "Cecm(( f05cnt 1 111n'00"Cac"C 1n E1l1ma 


I If it be not BO constructed. That is. if a building be constructed according to 
the form, &c., prescribed by law, the owner is exempted from Iiabilitr in conse- 
quence of accident. connected with it; if.l buillling be otherwise constructed, auy 



THE BOOK OF AICILL. 


173 


required for the purpose of -work, could not be driven away TnE BIIOK 
without inwITUpting the work, al'e to be regm'decl as pro- AI
:Ll.. 
fitable workers themselves, their beasts and non-sensible 
adults as profitable workers, and the 'eric '-fine for profit- 
able workers shall be paid for injury to them. 
Where seeing does not add anything to the liability of a 
man more than not seeing, no more than compensation is 
paid- for a beast injured by him (the wol'l..7nan) if it (the. Ir. Goe,. 
bcast) was seen, or two-thirds of compensation if it was not 
seen; unless the case is aggravated by wickedness, or danger- 
ous nature of the work, or peculiarity of place. 
Where seeing adds to the liability of a person more than 
not seeing, compensation fm. a beast injUl'ed by him does 
not exceed half-' dire '-fine with compensation if it was seen, 
or two-thirds of compensation if it was not seen; unless the 
case is aggravated by wickedness, or dangerous nature of 
the work, or peculiarity of place. 
'Vherever the man entitled to the exemptions. has given' Ir. The 
orders to warn and scare oft: he is to have the benefit of r;::;,j[. the 
them (the exemptions); wherever he has not given orders, tior&l. 
he is not to have the benefit of them. 
Every thing (building) of which an author of law has 
Rpecified the construction, if it be so constructed, is a law- 
ful building. it is fully exempt; if it be not so constructed,1 
wickedness shall be the rule with respect to it. 
Every thing (building) of which an author has not speci- 
fied the construction, if they (the builders) have constructed 
it as lawfully as they were able, is a lawful building; if 
they did not so construct it, wickedness shall be the rule 
with respect to it. 
It is not necessary to apply the rule of notice in lhe caBe 
of rough works which cannot be don
 without being heard 
or seen; unless an injury httt:. happedBd,. immediately at the 
commencement of the work, and if it hmI happen
, let it 


accident8 connected with or arising from it, will be cnn-idered a8 baving been 
caused b) tbe owner of .. malice prepense." 




 G 
17 'fUJ.J,p: -I- 
 j'ltf 
 ""'-<LW1\If\M'7'MI 


1.f1l . l7II lUVJ"" (h L 


-"<UI)
 


174 



ebap. mcte. 


Tm;..
()oK fO cet:01p, OCur ma'Oa 'Oecma, a pr 1 n'Oepna 'ObEe'Ö no na 
AICII.L. 'Oep11a. 
1-3a hU1te Emmpa'Oa f01te eta'Onaca U1te conecar a 'Oen- 
ma C1n ct01rt:1n no cm alCr1n, 1re'O 'OteEup upfocpa ocur 
! Ul1rCapt:a'O '00 P1<<Ewt PIÚ; urrocpa '00 co'Onacwb, uprcal1- 
t:a'O 110b ocur eco'Onaë, ocur 'Ourca'O aera cot:att:a, bU1'01p 
ocur 'Owtt 'OuI1rcaI1t:a'O. 
O
. IIfO
 t,\ql1 bLa mOEa mUEra1ne. 

.
!i,..A 
,1.31,.1,4 "." .1. rtún '00 mOEW'Ö 1 11'Omre ferp'Oa 
'1 C.!J17;<r b ' [ .. ] 
'7Iva.
1'C01rer 'Os m fer '1' 1na mancume, 
/. \)7'J SV

ff fþ.) 1na twiSr1n'O com'Ob;st:1Ë .1. m cuat. 
"'" ð't!, 
,'

. L 


'00 ni, .1. m ni 
maine commne, 


C.918. 


[ma'Ò 1" 1n cuat flO fuaèt:11wE <<11'0 1<<r na EmmuEu'O 
ocur 1<<p na fU1E1Eu'O, ocur ni rOlbe pr fopcpa1'Oe na hmc- 
bmte na het:fottmr alce, 11' 'Oent:a 'Olpwt:h 1, ocur 1rtwnn 
1 teiS p1r na 11l11bb. 
1ìla'Ò ri m t:ua'Ò '00 ëuw'Ò 'Oa C1n'O, 1rtwnn erbaë ocur 
et:orbac '00 cet: rce111m cén PI' et:fottwr, ïpt. 


1 c. !J15 gives this and the subsequent para/,'Taph more fully, as follow8:- 

 11a nUlLe 5mmfta'Oa boftba anfOlLLe aneLaimaena UlLe 'Ooneocn ae na 

fteeaft a Ler eaLat;u, na fet;aft '00 'Oénam can eLolrt;oct;, no 5an mef1n, 
floeo nufta1Len'O 'OL!É;e'O uftfocfta no uftreaftt;a'O '00 eo'Onaë, Ua1ft Ir Loft 
'Oa nuftfoCfta an fmcf1n no a eLolft;1\1 fé1\1; aët; mana teemm> fOÉ;a1L '00 
'Oénam 1\1 1\1'Oot;aët; 1\1 ee'O bélme fO eet;01ft; oeur 'Oa t;eema'O, Ir ama1L 
1\1'Oetblft t;oftba 1m Let arc;n51n 1 nefba'O; ocur noëo 11f\nL 111 If m6 11a r1\1 
J,J- an'O, aët; mane t;oftma15ea blt;b1\1ëe .1. 1\1 'Oént;a, no mebmLe n51111nftmi>, 
no 'Oetblft mnm'O; oeur mai> ei> on, If paë fon fÚt;n. 
l1a nUlLe 5nímfta'Oa fOlLLe eLa'Onaena UlLe 50 neeaft '00 'Oénam een 
eÙJlft;eët; een fa1ef1n, Iré 'OLe5aft UftfÓefta an'O .1. uftfoef1JI '00 ëoi>nuëmb; 
uUltrcaftt;a'O ftob oeur éco'Onaë, oeur 'Ourea aera eo'OuLt;a ar a co'OLa'O, 
J 0 oeuf bUl'Olft oeur 'OmLL 'Ouftrapx;a'O, co fir a n'OmLLe ocur u mbUl'Ofte. 0 
fto 5ena amLal'O fm, Ir rLa1\1t;e erbaë ocur ét;oftbaë an'O; t;ftmn nUlt;n- 
51\1 a 1 naer eom5mmftm'O ocur 1\1 caë p.ob ocur 1\1 eaë t;oftbaë. Cen fir 
cen fa1cpn fin; 110 ee bet, mana ftOlb eaemaët; Im5aoaLa. 



 The exemption of a øervant.- That is, a servant i8 not liable to lines for acci- 
dents arising from the performance of his legitimate work, in his proper place. 
3 Thefaoot, <J"c.-The IllS. E. 3,5, part II. p, 27. is here defective; it has only 
a few fcagmentar
' phra.ses. The other lIISS. available are also defective at this point. 



TIlE nOOK OF AICILL. 


175 


be known whether the pl.ecaution ?equÜ.ed by law have been THE DooK 
observed or not. t AI

.I. 
In the caBe of all fine scientific works, which can be done 
without being seen or heard, it is required by law to apply 
the rule of notice and removal: warning is to be given to 
sensible adults, be
ts and non-sensible persons are to be 
turned away, and sleepers w'e to be awakened, deaf and 
blind persons to be removed. 
The exemption of a servant 2 ill peljòl'ming his 
serVIce. 
That is, the servant is exempt in the manly service which 
he performs, i.e. the man who is performing- his service, i.e. k Ir. I". 
the service he is bound to perform,b in his proper place is "Ir. Hi. 
not ?esponsible for accidents res'ldting fmm his w01'k, i.e. 
 
n= l ' .'e .(If 
IN 'DatIOn. 
in respect of the fagot, cf:c. 3 
If it was the fagot'that did the injury, after it had been 
made and placed, and if he (the sc'rvunt) had no knowledge 
of excess danger or defect, it is a lawful deed, and he is 
exempt in all respects. 
If it was the head of a hatchet that flew oft: c there is. fr. if the 
.. f . . . l t . dl d fi hntchd 
exemptIon '/,n ?'Cspect 0 'l'flJlt?'1.eB (onc 01 ers an unpro t- went offit. 
able workers for the first slipping off without knowledge of head. 
defect, &c., on the pa?1- of the servant. 


.. In all rougb, coarse, unscientific works, such as require no science, which can- 
not be done without being heard, or without being seen, the law does not oblige 
the sane adult to warn or remove children, idiot., <'fc., because the very seeing or hear- 
ing of them (thetCtJrb) is sufficient warning; un1ess injury has happened from the 
first blow at once; and if it bas happened, it is as the ca"e ofnnnecessary
 with 
respect to half-compensation for injury to an idler; and there is nothing (nofine) 
beyond this, for it (the illjtlry) unless malice iucreaqes it, i.e. on the part of the 
ozrner qf the work, or the dangerous nature of the work, or peculiarity of place; 
aud if so, the fine is accordinl{ to the cause. 
.. In all fine scientific works which can be done \\ithout their being heard oneen, it 
is required to give warning; i.e. warning to sane adults; beasts and non-sensible 
adults are to be removed, an,l sleepers are to be awakened from their sleep, and deaf 
and blind persons whose deafneN! and blindneqs are kno\\n, are to be removed. 
When it is so done, there is exemption for injury to idlers and unprofitable persons; 
one-third of compensation for fenow-labourers and for every beast and every pro- 
fitable worker that iæ hurt. This is when there Wall neither knowledge nor seeing<! (of d Ir. Wi/li- 
the work& i.. p"ogru
) or though there wa<, the caøe iæ the same, Imles5 there was out kllo/ c - 
power of avoiding the ,fa'l!Jer:' letJ.qe, with- 
out .u&n!J. 



176 


Lebap, mete. 


THE BOOK 
OF 
AICILL. 


Cen bet;ap acá rUl't>1Eea'O ocur aca 5mmu5a'O, r tam :;1 
erbmË ocur et::opbmË '00 PWEatt 1 tet; pe; t::pwn <<1t::hEma 
1 naer com5mmpmi'>, 1n caè mpba, ocur 1n caë pob.] 


mar e Ina'O 1 n5nmaíËei'> a cuat '00 cup 'Oe, rtmnn erbae 
,ocur et::allbac ann; OCt1r t::pwn na1t::nE6na 1 naer comEmm- 
pmi'>, m cae t::opbae ocur 1n cae pob cen pr; ocur naèt::mn 
o telt;'01pe co t::pwn nmt::n5Pna. 


muna be 10 t::lnm:; 1 l1Enai'<<1E6'O a cuat '00 cup 'Oe '00- 
Eper, '1' amUit 1O'Oe1t;õlpe t::opbmË 1m tet; mt::hEm 1 nerbacu 
Icocur 1 net::apbacu; mt::hEm a mpbacu, tet; 'Olpe ta mt;Eln 
a pubu co nmcfln na 1'lob, ocur muno: acm'O, '1' att::nEm. 


C.911. 


mara ca bumn, no ca nnot, no ca cenEat, no ca copuc<rn 
ap a mum, rtamn erbae ocur et::apbae, ocur naet:: 0 tet 
'Olpe [co t::pwn nm-rËma] ann. Ocur má re a Èat:: po mmi'>, 
" '1' a belt; amUtt cet::rcenm. mara cpan'O po t::Utt:: e1rn, 1 
rcenmanna 'Oa pWEmt plrO. Ocur 111 ram rU1'OIUEa'O, ocur 
'Oáma'O ratn rUI'OIUEa'O, '1' amUit cet:: rcenm cae rCe1Om. 
0:: tmt;p1O'O fin; ocur ma reet::ap tm-rpln'O, '1' m'ñU1t 1n'Oe1t;- 
blpe t::opbmÈ. 


,rV) 
Lq{6l
v'I 20 mar ap cta'O no ap copam no , 111na'O coppach po 
rU;'01ÚEa'O a cuat, '1' a belt; <<111U1t m'Oel-rblpe t::opbmE 1m 
mt::hE,n ann; no amU1t 10 cumtt mmpln'Ol; b,t;b1Oel '00 
p W 5 mt p l r. 

 'NÞI 
 C
f
 
Hlar e a Eat:: po mU1'O, ocur 111 p01bl pr ropcpam mc- 


I Unnece&ll a '71 profit.-That is, the pre
ence there of the injured persons was pro- 
fitable to them, though they were not under any necessit), to be there, 



THE BOOK OF AICILY.. 


177 


As long as it (the fagot) is being placed and made, ex- TilE BOOK 
OF 
emption in respect of injury to idlern and unprofitable All 111.. 
workers is the rule with regard to it; one-third of com- 
pensation is the fim for injlO'Y done to fellow-labourers, all 
profitable workers, and all beasts. 
Ifit be the place in which he was wont to cast o1fhis bundle, 
he is exempt from the consequences of any injv1'Y done to 
idlers and unprofitable workers; but he is liabl{!, to one-third 
of compensation for fellow-labourers, for profitable workers 
and for beasts if inj'ured unwittingly; and it (the penalty) is 
reduced k from half-' dire '-fine to one-third of compensation. .Ir. Comes. 
If it was not in the place wherein he was wont to cast off 
his bundle always, it is as a case of unnecessary profit l in 
respect to half compensation for il1jW.y done to idlers and 
unprofitable workers: compensation is due for profitable 
workers, half-' dire '-fine with compensation for beasts when 
the beasts were seen, and compensation alone if they were 
not seen. 
If it was at the cutting of it, or at the gathering of it, or 
at the tying of it, or at the adjusting of it on 11Ïs back, the 
injury was inflicted, he is exempt from fines in re- 
spect of idlers and unprofitable workers, and it (the penalty) 
is reduced- from half-' dire'-fine to one-third of compensation. 
And if it be its tie that has given way, it is like a case of 
first slipping off If it be a stick that has fallen from it 
(the bundle), it (the case) is to be regulated by the law of 
"slippings off" And this is so if the arrangement of it (the 
bWfulle) is not different from tM usual one, but if the arrange- 
ment be different, each slipping is as a first slipping. These 
are slip pings in his (tM servant's) proper place, but if outside 
his proper place, it is as a case of unnecessary profit. 
If it be on a dyke or on a wall or on an uneven place the 
fagot was placed, it is to be regarded as a case of unnecessary 
profit as regards compensation for the injury done by it; 
or, like the case of" the pointed stake;" it (the case) is to be 
ruled by wicked intention. b "Ir. Tri-k{d- 
If it be its tie that gave way, and if he (the servant) had n s.. 
no knowlf'ògp of f'Xf'ess, d:mgpl", or defect, it (tM case) is the 
VOL. III. 
 



178 


tebap, mete. 


TlI
 BOOK belte na eLaUmr, 11' 1llan'D ocur 110 CU1pf''D 'De 1 tm{;pm'D 
OF 
AJ(;ILL. tTIa La PI' fOflcflm'D, mcbelte, ocur 6LaUWr, '1' Illall'D 'DO 
ocur flo CUl11e'D 'De a reCL<tfl tm{;111n"O 1m tet mLh5m 1n 
erbac octJr 1n emflbac. 


.r Ocnr 're'D If lcnrplll'D 'DOll cuwt cuc l11a0 a cU1flenn 'Oe 
hI 'DO 511er, OCur a bmt na pl1t P1' f0l1C}1m'D, wcbclte, 
c. !1
ll [na eLfottmrl Ocur 'rre'D 11' recLafl twrl1m'D alln, cae 
bmt na cU1flenn "Oe hI 'DO 51161', ocur a bmt a mbl fIr fOfl- 
c)1m;), mcbmte, Ocur el;attalr; Ocur ;Semu'D a tml;h)1111'l> 
10110 bet: PI' fOl1C)1m'D, mcbélte,ocur eLaUmr, '1' 1nC(f)'D ocur 
flO cUlfle'D "Oe hI a recLafl tm{;fll11'l>. 


11 a 'Dame 'DO )1ata 'DO na m51;), måL COllllalcflum 1l1L- 
rom, ocur 111 acaLal1rom elren ocur 111 eL<XLa11 In bait a 
Call1Cn'D 'De hI cach numpe, CI111C mcrClla Ua'DrUm 'DOlb- 
,:-r'Um, ocur el)11C nemmcrella ua"Omb 'DOrum. 


tnaL conncal;a11rOm Clr'Um Ocur 111 ((C((rO)1rom taL'rOm, 
OCllr po reT::(("Oafl 111 bmt a CU1}'-f'all'D 'De 111 cuch nuw11e, 
el111c mcrena U<XLh, brum "OorUIl1, OCU)' elfllc nemmcrena 
ua"Orom "OO1bpum. 


c. 
19. 
(
 rJW) 


_ tre'D '1' tmt;fl1n'D 'DO mw;a!'l> ((11"01'1n ea'D a tálme ocur 
[ramLarSe] a LumE' ua'D ap. cac te!;; C1'D amU15, C!'l> a LIE 
1"n ; no 'D01l0 cell(( com a LIE I'm, 'r e 'D '1' tm!;11111'D amUlE 
III 0111eL bo 'DOlE 1n Lrt11"ll 'DO 110chLam 'Dafl cach tet. 


o mUE uflpm;) aLa fin 1 ll'Dume; ocur a ceLhfl1 reCL- 


 ma'D 0 mUE "Oeo)1m;), 'Da rec0mcrn ocur ceLhflU1me )1c(f)n 
'Dec 0 mUE mUf1cmfl!;1, recLmcrn 0 mUE 'Dmf1 


1 And he did7IQt .eethem.-The plural form .. acm:;attfom, they !l&W," appears 
to be a mistake. The sell>e requires .. aCU1'Ofom, he 6aw." 



'filE BOOK OF AICILJ,. 


179 


same a.'! if he had cast it off in the proper place. Should TR
 BOOK 
he have knowledge of excess, danger, or defect, it is the AI
;LL. 
same as if he had cast it off outside the proper place as re- 
gards half compensationfOl.injw'y to idlers and to unprofit- 
able workers. 
.. The proper place" of the fagot means whatever place he 
is in the habit of putting it off him nlways, and implies A that &{r. .1 
place. 
he has no knowledge of excess, danger, or defect. And 
" outside the proper place" means wherever he is not in the 
habit of putting it (thefitgot) off him always, anù implies&that 
he ha.'1 knowledge of excess, danger, or defect; and should 
he have knowledge of cxcess, danger, or defect, though it 
was in the proper place he put it 11J, it is the same as if he 
had put it oft him outside the proper place. 
When the persons who happened to mect him have been 
'illjltred by his fagot, if he saw them, and they did not 
sce him and did not know the place where he was in the 
habit of putting it off him every time, the 'eric'-fine for 
seeing is (llte from him to them, and the' cric '-fine for non- 
seeing i.'l du,e from them to him. 
If they saw him and he did not see them, 1 and if they 
knew the place in which he was in the habit of putting it 
(the fugot) off him always, the' eric '-fine for seeing is due to 
him from them, and the' eric '-fine for non-seeing is due to 
them from him. 
.. The proper place of the servant" in this case is the 
length of his hand and the handle of his hatchet from him 
on every side; this is whether outside or in a house; or in- 
deed, according to othuB, this is in a house, and" the proper 
place outside" is as far as a chip from, the wood might be 
supposed to reach on every siùe. 
From the servant of a native freeman this (the compen- 
sotior
 before stated) is due for injm-in[J a person; and four- 
sevenths of it are due from the servant of a stranger, two- 
sevenths and one-fourteenth of it from the servant of a 
foreigner, and one -seventh (If it from the servant of a' daer '_ 
person. 
VOL. III. X <) 



180 


l ebatl. ((jete. 


TIII,lIo"K 0 mu;s urrm-o m::a fl11 1 mbom; octtr tl)1 Cl11ce-o 0 mu;s 
AI::
.L. 'Oeorm-o, 'Oa ctl1ce-o 0 mll;S 111Ul'Cmrt;e, Cl11ce-o 0 mll;S 'Omr. 


o mll;S Urf1m-o m;a 1'1n 1m ech; a teOra ceLhl'mme 0 
mu;s 'Oeof1m-o, tet; octtr o(;tm<<-o 0 mu;s mUrCmrt;l, tei; 
f 11ama 0 mu;s 'Omr- 


C 
:u' Ilf
.1 bta ech aellncll. 
.1. ,,.tan 'Oon t1 bereT' m tec telr 11'1n nae11ach, mar 
f". 9
4. ar óln rumr hi, [ocur ni rer a bH::hblnce]. lrtá11 'Oon pr 
Sic. 'OorfllC ar em, act na plica mC1 fém, reèl:; rr-mþ "Déc '00 
. cut no '00 t;mb; OCU1' má rllca ca 1murlW, mm1<<r 111'O l r, 
'1' 1C a C1nm'O 'I' III tetnmr rmr-. 


-1. 
l(UI 'Oon t1 belU1r m tech '1' m naenac; 1'ta11 '00 C6 
br-I1'ter 111 tech, act:: nar<<b L"P6 bopbtacar, nal'<<b l u E' 
tall tllocht, co PI' a etracht; ocur maT! e'O on, '1' pac r on 
IS- rat; m r-. 
 


stun 'Opr m nelch ce ruachnm-o m tec r'r'Um, act nar 
a be'O;s. no re'015, no tua, no raebte1m, no cor fO tmm, 
c' 

1. [no prep]. no cenn a n15abat; [ocur mo-o ea'O on, '1' tei 
pach ro b1thblnC1 l11rre], ocur mer<<ct:: a herma 'M rcor 
'!o,n teie mtü '01. 




CIJZv 
8tån 'Oflr 111 e1ch na hmte nClceX''OcûlU t::mt1cebar:act:: 


1 The e:l'emption aß rtgarcù a horßein afair.-That is, the law reg-ulatingthe caRe. 
in which the owner of a horse at a fair is not liable to damages for injuries caused 
by the horse. 
2 I. al.o uempt.-That is, he is not liable for damages for injuries done by the 
horse, wben done at a distance of les" than 17 feet from the llaco where the borll@ 
stlmds, i.e. unll'6s the viciousness of the hone be extraordinar}-; if the owner bred 



THE BOOK OF AICILL. 


151 


From tbe servant of a native freema.n this is due for in- THE BOOK 
:iuriftg a cow; and three-fifths of it a7'e due from the servant AI

. 
of a. stranger, two-fifths from the servant of a foreigner, and 
one-fifth from the servant of a 'daer'-person. 
From the servant of a native freeman this fine is due for 
injuring a horse; three-fourthf. of it are due from the servant 
of a stranger, half and one-eighth from the servant of a 
foreigner, and half only from the servant of a 'daer' -person. 
The exemption as regards" a horse in a fair. I . Ir. Of. 
That is, the person who brings the horse with him to the 
fair is exempt f7'01n fines for injw.ies done by it, if it was on 
loan he got it, and if he did not know its viciousness. The 
man who had given it on loan is also exempt,2 as far as seven- 
teen feet behind it or on clLCh side of it, so as it was not 
foaled for himself; if however it was foaled for him, he pays 
for such injuries as it may commit in its violence, unless he 
had told of itB viciousnesB. 
That is, the person who brings the horse to the fair is 
exempt 3 ; he is exempt even though the horse should break 
down, but so as it did not happen b through cruel violence, bIr. Wa# 
or through driving it beyond its strength, being aware of not. 
its weakness; but should it be so, he shall be fined according 
to the nature of the case. 
The owner of the horse is exempt 4 though the horse has 
injured him (thæ borTowe1'), but so as it did not happen b 
through a start, or a fit, or a kick, or a false spring, or a 
twist underhand, or a bounce, or head in fork; but if it be 
th1'ough any vf theBe, there shah be half-fine upon jt5 for its 
viciousness, and the excitement of being driven takes the 
other half:fine off it. 
The owner of the horse is exempt 6 as to all things over 


the horse he has notice of hû vice, although ordinll'Y, and is Ullble unle," he ga va 
notice of this to the person to whom he lent It. 
I I. ezempt.- That is, from damages for injuries dODe to the horse. 
. II uempt, i.e. from damages for injuries dODe by the horse to the Lorro..er 
a The worda in brllckets in the Iri.h here are by a later baDd. 
a The oumtr qf ,he horae Û umpt, i.e. from dama
ea f.,r injuries done L
 the 
hone to third partie;: ..hen hein
 ridden. 



182 


tebap, a1cte. 


TUB BOOK a TUCG;att 1te panctl11è1 1n co'OnatF l11t Ulppe. OLhpu1' com- 
f)F 
 
 
AIIJII.L. tan co bar 1116rbac; LeL'01p6 na CIH'1'01 octJ1' oi:pu1' comtwl 
co bar a mpbaè; tei7l>1p' La cechLap 'Oe 1<e Lueb all::hEena 
wp mbar. C1'O a t:opbach C1'O a l1c)'badl. 


4-.
 
-- 


" ma po aèLa1::;e'O a bpe11::h co h11HTI) mp1t:1. rtan a bpe1
 
co PU1C1 111 11W'O po aèLat;se'O, acht: na puct:ap lmapcpate ct- 
, 
t: at 1 t1 }'; ocur 'Oa puct:ap, '1' pach foPCpat'O fomeLt::a fOP 
ó1n, .1. CU1C r601t:, ocu)' atdl;S111 111 e1è, mara mapb. 


C1'O fo'Oepa cona'O cUt:puma '1' 1n pach fOPCPU1'O fO- 
10 mett:a fOP 0111 '00 caè 'Ol11ne, ocu1' naè ea'O '1' 111 pach 
f 01m p1m6? 11' e fa
 fo'Oepa, a1t fU1p[1p]6i'> L1'Onatcre b11' 
1n paë f01tC1tU1i'> fomett:a fOP Ó111, ocu1' n1 e'O b11' 111 paè 
f01mp1me. nlunap aët:at5c'O a bpC1
 co h111U'O atp1r1, rtan 
'00 a bpe1
 co p1C1 111 111U'O '1' att tC1r, aèt: na t:uca p1Ee 
'Oap t:pa
t:, co PI' a heLpaèt:a U1ppe; oClI1' 'Oá t:lIca,'r pach 
fO atcneTI a fai:a atr at1'O. 


munar aëLat56,() tat:hmr mpn';t ann 1nr, 1'tan CI'O fut7a 
ber
mp he; no coma rtan a f01mr,m co 'l)eèmat'O, ocu1' 
fwch fO,m1ume 0 '06ëma1'O amach ; no coma pach 5atL1. 


C.924. 1" m a ro acët:U1;S6'O 6'r' atp,Ô ['00 i:obat1tt:] ap an eë, 1'tán 
'00 111 ellt:ruma po aèt:at;S6'O '00 t7abat1tt: U11tr'; aèt: ná 
t:uct:ar 1marCrat'O atr t:atr'r; oellr 'Oa t:lICt:ar, '1' pach 
forCpat'O fomett:a fOP 01n an'O. 


1 Or it is ajinefo,o illefl.-That is, there is an implied contract to use the hired 
I",r"e ,oea807lably; destroying it hy unreasonable use becomes a wrong, and aB there 



TilE nOOK OF AICII.L. 


lS3 


which it is brought, and as to damages, it (the C(t.,e) shall be THE nOOK: 
ruled by the lww of fair playas to the sensible adult who Al

,L. 
rides. it. There shall be full sick maintenance till death I - I 
a ra $ 
for inj n1'i ng an idler; half 'dire' -fine for the wound and upon. 
full sick maintenance till death for iJ/jlL1-iJ
!I a profitable 
worker; half' dire' -fine Jm' the 'Wonn(l ant! cumpensation for 
either of them,whetlwr profitahlc worker or idler, after death. 
If it was agreed UpOll (bttween OOI"I'01IJeI. ltncl lend,a) to 
bring it (the lw1"se) to a particular place, he (the bOJ"1'O
ce1') is 
safe in hringing it till it reach the place that was agreed 
upon, provided it be not brought too far beyond it; and if it 
be 80 brought (un1'easonably fa1' bey(md the place), it (the 
penrtlty) is the fine for excessive use of a loan, i.e. five' seds,' 
anù the equivalent of the horse, if killed. 
\Vhat is the rea.son that as reganls the fine for over-using 
a loan it is the same on every person, while as regards the fine 
fnr over-ritling a h01'se it is not the sume? The reason of ' 
it is, the fine for over-using a loan is imposed with the .ex.- 
 Ii.J, 
 Iff -J; 

d"t,iC\n th at it (thl'.Jw.n) woulù be- røtw::J:l eù, and it is kut [

 
not so in the fine for over-riding (t horse. Unless it had been 
stipulated to bring it to a particular place, he (the hirer) is 
safe in bringing it until he reaches whatever place he likes, 
but so as he does not ride it beyontl its strength, knowing 
it"! want of strength; but if he does so ride it, there i<; a 
fine upon him for it according to the nature of the rose. 
If no particular place was at all abrreed upon, the hÍlY'1' 
is safe, whatever distance it (the hm'8e) i<; brought; or, 
accoT(ling to otlwrs, it is sltfe to ride it for ten days, but there 
is a fine for over-riding it af'tÆr ten days; or it is a fine for 
theft. 1 
If it wac;; agreed upon that a particular load should be 
carrieù by the horse, he (the hil.er) is safe in bringing the 
stipulated amount upon it; but 80 that too much be not 
brought upon it beyond that mnoltnt; and should it ((m 'Un- 
reasnnalJlr nmollnt bp?Jond thp fltipldated bm'den) be brought, 
the fine for over-using a 10a1l is due in the case. 


ia no di.tinctiou (it wonld BI)pear) in the lri.h law< bi'tv;een "crimeo" Bnd 
"wron
i," it IDB)" be definl'(l tu be a theft. 



It;4 


Lebutt at (le. 


TIIK BOOK 
OF 
AICILL. 


m una aë
mEe't> elpe Ú'p,-è, mp Inp. 'rlan 't>o In ni bur 
åll leII' 't>o -èabmp"G mp, ae"G narab PIE' 't>ap L:pacL:, co 1'11' 
a e"Gpach"G ; ocur ma't> e't> on, '1' f1ach 
o mcnei> a 
å-èa mp. 


ma po up
ocmp 
e11 bunmi> bl-èblllel In elch, ocur po 
. Eab In 
ep amme 't>o lmm bIt 
o Cll1L:mb u1hmm't>1, caë 
nelc po 't>lec"G 't>1 't>o cln"Gmb 
op 111}-'BP ummch. 


m unap up
ocmp 
ep bUnal't> b1tb1nc1 1n nnc, ocur nip 
Eab 111 
ep amulch 't>o lal1'ñ bel't; 
o cln
wb mle't>w't>, a 
C111a't> 
op 
ep mbunwi>, cenmo-èa a cm
a comw-ècer a 
op 
I 1n fep ammch. 


ma po up
ocmp rep bUnm't> bl-èblnël In elch, ocu r nip 
Eab In 
ep amU1e 't>o lmm bl-è 
o cm"Gmb, a Cln"Ga com- 
mtcera ocur bl-èblnee, co 
mU. 
op In 
ep amule; a CI!1
a 

1
h
l
a ocur bl-èbmëe cen 
mU, 
op fep mbunm't>. 


? 


m ul1ap up
ocmp 
ep bunmi> bl"Gh b1nee In elc, ocur 
po Eab In 
ep amme 't>o lmm be-è 
o clnL:mb, a CI11"Ga com- 
m-ècer a ocur w"GhElna 
op In fep amu1('
; a ClnL:a bl
h blnee, 
co 
wU ocur cell 
U1U, 
op 
ep mbunm't>. 


C.923. 


1r e 't> '1' cm"Ga bl"Ghblnëe co 
wU ann. a bpmt a cumal1E 
urpå1L:1, [no chlochmn], no mpec"Gmr, [no a !1't>opur n5 1 no 
hrJ, no 1"Gtp pobmb ocur eco't>l1aewb, co 1'11' a buml"G15 e 
[no a bl"Ghblnce] ulppe. 


C.923. 


C.923. 


1r e 't> '1' CII1L:a bl-èblncl cell 
mU ann, l11i 't>o 't>ena 
op a 
rcop, no 
op a mEell"G, [no ap a mbaTca't>,] 


1 If flO particular lead W(U ag,'ud upon.- That is, if no amount is fixed. a reason- 
able burden must be put upon the horse, as to tbeamount of which the knowledge 
of the horse's skength on the part of the person putting on the burden is an 
eIerueut. 



THE BOOK OF AICILL. 


185 


If no particular load was agreed upon I for it, he (the hi1'U) TUE BoolI: 
is safe in bringing any load he pleases on it (the h01'se), pro- AI

LL. 
vided he does not exceed its Atrength, knowing its want of 
strength; and if it be so, he shall be fined according to the 
nature of the case. 
If the owner has given the borrowe1' notice of the horse's 
viciousne
s, and the borrower a has undertaken to be account- 
able for all its trespasses, whatever is due of it for its 
trespasses falls on the borrower.. 
If the owner has not given notice of the horse's vicious- 
ness, and the bOlTower" has not undertaken to be account- 
able for all its trespasses, its trespasses shall be upon the 
owner, except its trespasses of neighbourhood,2 whwh shall 
be upon the borrower.. 
If the owner gave notice of the horse's viciousness, and 
the borrower" did not undertake to be accountable for its 
trespasses, its trespasses ùf neigh bourhood and of vicioUß- 
ness, if there be neglect, shall be upon the borrower;. its 
trespasses involving b restitution and those aJ'ising from "Ir. Of. 
viciousness, there being no neglect, shall be upon the owner. 
If the owner has not given notice of the horse's vicious- 
ness, and the borrower" has undertaken to be accountable for 
its trespa<;ses, its trespasses involving b restitution and those 
of neighbourhood, shall be upon the borrower: and its tres- 
passes of viciousness,3 with neglect or without neglect, shall 
be upon the owner. 
Trespasses of viciousness with neglect, are the bringing of 
it into the narrow part of a street, or into a paved road, 
or into a crowd, or to the door 
f a house or of a 'lis'-fort, 
or among cattle and non-sensible people, its kicking hab'its 
or its viciousness being known. 
Trespasses of viciousness without neglect, are what it 
commits in its paddock, or while grazing, or in its en- 
closure. 


· Ir. The 
man qut- 
.ide. 


. Tre8pGl,.. of neighbourhood.-That i8, damage to adjoining property, and 
which might be reasonably anticipated and prevented. 
. It. t,'e.pas.e. ofviciou.nu..-A hirer of a horse with notice, as between him- 
..H and third partie., ia ILIIllwerable for trespassea which he could lawfully )Jrevent. 



186 


Lebap. atcte. 


Tilt: ßO())t 
OF 
AICIl.!.. 


11'e"O '1' cmt;a commi;ëer'<l ({nn, 10; '00 'Oena pe n01Lü1)mb 
ocur p.e hatpbß'Oatt'i, l1e fep ocur l1e (("bo:p. ocur 11e r01ch- 
e[n-D]. 
Ir(1) tr cmt;o: o:tt;hE1tlO aunt cae bmt 0: 1l1U o-cpur 1'10 
.1 CUt;h5m 10 C1na'O '00 'Oena. 


J$O.
 
 Cllf1-1 bLat> Ot1."O 1nt>eom. 
C.92f. [.1. 'rtán '001'1 t;\ tmp.1r to t;ól1T1 fOP m tn'Oeo1n.] 


. t. rlan '00. ce 'Oeë 10 1>>'Oeom t;per 10 op.'O. no Cf-' 1)ecn 10 

 
 
 1.,94.12- t: o r1) t:rmr 1n nm-OOOttl. no ce 
Çll

 m t;erbach et;Urru 
10 cen f1r cen mcpn. stmnt;1 erbm;::; ocur et;arbmf; "00 cet;- 
rcenm, cen f11
 et;altmr; ocur t;rHIU t)((tt;115ttla 1 naer 
com5mmp{()1).10 cae t;opbaè, cw nOrCOJll101C cel1 co rac((1
; 
ocur 10 rob nú raca; ocur mát; connmc no: 11uba, 1}' 
aH:::hï=;m. 


..111ar e 1n rcemm t;anmrt;e cena. ocur m rmn rU1'01U5((;;. 
tr ammt \1meH:::l}1re t;011b(( 1111 au:::llE1fI 1n erbmÈ; ocu}' ttl 
et;al1bmÈ. CCu:::h511\ 11 t:orbacn ce n((rconnmc cen co \,uclltE. 
lev01re ta: au:::h5\n 0: p.uba cen mer1n na rob; ocur muna 
acmE. \1' mt;hE11\. 



' 1- 
4 ' 1-5' 


fLJ filar e 11'1 t;rer rcemm, ocur 111 ram rU1'01tJ5U'O. cern- 
JlU1me '01re La mt;h51f1 m en)m5 ocur m m:::ap.bcnf;; tm-c- 
'O\re ta mt;}IE1f1 a t;op.buë, CHI 110rCOnflmC cen co racmË;; 
to:n 'O\re La mt:h5m a flubu co f<<\cf\n 110: rob. OC\I}' mUt\a 
acmf;, \1' lefmr1 ta mt;h;stfl. 


.. mar e ttl cet;hra1Ì1a;; rcemm, ocur I'll rum rU1'01U5(1). 


1 Hal be"" c:cul.-i'or "Ce l:oc1llll5" of the text, C. !J2! rea<4 .. 51u U'DU 
CUIJ1.e, though there Y'as !Jut." 



THE BOOK OF AICILL. 


187 


Trespasses of neighbourhood arc what it does to fences Tns Boult 
OF 
or railings, to grass and to green corn or to ripc standing AICILI. 
corn. 
Restitution trespasses are all cases in which sick main- 
tenance or restitution for the injury which is done are in- 
curred. 
The exemption of sledge and anvil. 
That is, the person who plies the sledge on the anvil is 
exempt f/"(RIt penalty fOi. inju1'Ìes U'i"Í-sing f1'O'rn the 'I.l:ol'k 
he is engugecl on. 
Viz., he is exempt, though the anvil break a the sledge, or "Ir. Co 
the sled
e break the anvil, or though an idler ll:l.\ì he"ü. thrusM l::::tJj. 
between them without his knowledge or his having seen him. 
He is exempt fl'O'm fine for injw.y to idlers and unprofit- 
able workers, in tIle first slipping, if he has no knowledge 
of a11Y defect;b and he pays one-third of compensation for blr. With- 
inju1.y to fellow-labourers, and to all profitable workers, out know- 
h h I h . . ledge ()f 
w et er Ie has seen t em or not; and for I1lJw.y to beasts drfect. 
which he has not seen; but if he has seen the beasts, it 
(the fine) is full compensation. 
If however it be the second slipping, and the arrangement 
of the anvil and sledge was not different, it is as a case of 
unnecessary.pNfit in respect of compensation for injurillgthe 
idler and the unprofitable worker. Compensation is due to 
the profitable worker whether he saw or did not see him. Half 
· dire' -fine with compensation is dlte for beasts if the beasts 
are seen,2 but if not seen, there is due but compensation only. 
If it be thc third slipping, and the arrangement \Vas not 
different, one-fourth of' dire' -fine with compensation is due 
for inju1'Ìng idlers and unprofitable workers; half · dire '-fine 
with compensation for injuring profitable workers whether 
seen or not Been; full · dire '-fine with compensation for 
injuring beasts if the beasts are seen, but if not seen it (the 
penalty) is half 'dire'-fine with compensation. 
If it be the fourth slipping and the arrangcment was not 


· If the bealtl are leen.-The 1\18. reads "cen ([1cpn ncr Twb," literally 
.. without seeing the cattle;" but the sen.e requircs .. con mcpn ncr ytou. 
witb seeing the cattle." 



188 


tebap. a1Cte. 


THE Boult let-mre la md1E1n a nerbach ocur 1 net;allliach; lan 
AI

L 'mr e ta a1t;hE1t1 a t;orbac. Ho pact; lan ëena a rubu 
rommn'O. 


mar 'Oa C1n'O '00 cum'O In t;Or'O, a 'Oa pr no a 'Oa nanpr 
!; araen '00 r'CIEmllme; no '1' ar fIr Imert;a a aenur. 


mara r'r Eobann ocur anpr pr Imert;a,111 cut;r uma 
'00 rormac{; pr ann 'OIC '00 Eabmn'O, ocur In cut;ruma '00 
rormact; mCr' ocur nemurrcarnro '00 comic 'OO1b emrru; 
no 'Oono cena, a 'Oa r'r ocur a 'Oa nanpr mar aen '00 rWEml 
,0 Ime, '1' a comic 'OO1b et;urru, amUll at;ú urra'O rnU1'Oer blr 
ocur fOCe1r'O ar mle . 


mar ar a lmm '00 cum'O, '1' amUll Cet;rcelnm. 11lara 
pr pr Imert;a, ocur anpr Eoban'O, '1' a bIt; amUll at;a 
a11m uppmi'> cen pr rOEla. 


'. mara comerarrE;mn '00 'Olb or'Omb et:arbuar, aër mar 
et;apru bu'Oeln t;aU 1lO rOEml, act; ma po rer 111 n 'Olb 
'Omplt;1 0 rWC{;, '1' q1HUl IWIt;hElna 'OI[C] '00; muna rer, '1' 
relre'O nmt;hElna 0 each 'Olb 1n0: celle. 


mar 0 rmn amach ro fOEml, ma rlO fer 1n n 'Olb 0 

"r1aCt;, '1' a IC '00; muna rer, '1' a comic 'Oólb et;apr u . 

 L9Z-l 
mar 1" In 1n'OeOln po rCeln'O ann, act; mar t:pe rUlpei'> 
a 'OpOërU1'015t;h" '1' a IC 'Opp rUI'OIËh; mar t;re rUlpei'> a 
'Opocbumlt;l, 11' a íc 'Opp Imepta. múr t;re fUlpei'> a 
"OrOCrU1't)I
1 ocur a 'Opochbumlt;l, 'r a com1c "OO1b et;appu. 


1 Having .e
n.-For .. ((lcfI" of the text, C. 926 has" fa111Cflu." 

 {,. the anvil ha. 'kpp
d,-For "110 ream'!> ann" as in thp text, C, 92G reads 
.. '00 cuw'Í> ar In Clp, went off the block ", 



THE BOOK OF AICILL. 


HW 


different, half · dire '-fine with compensation is due for in- THE BooK. 
juring idlers and unprofitable workers; full' dire'-6ne with AI

LL. 
compensation for injuring profitable workers. Full' dire'- 
fine has been already mentioned for iI/jury to beasts. 
If it be the head of the sledge-hammer that has slipped 
off, the knowledge or ignorance of both the smith and the 
,<ltriker is the rule in the case; or, acronlin!} to others, the 
Btriker alone is liable. 
If the smith has knowledge of it and the striker has not, 
the proportion which knowledge adds to the fine is to be 
paid by the smith, and the proportion which having seen! 
and not removed those 'It'ho may be hurt adds to it, is to be 
paid equally between them; or indeed, it is the knowledge 
or ignorance of both that rules it (the case), and they pay it 
(the fine) equally between them, as it is u'here "a native 
freeman sharpens a stake and another casts it." 
If it be frum his hand it (the sledge-hamrner) slipped: it "Ir. Went 
(the case) is to be ao; a first slipping. If it be with the 
knowledge of the striker, and with ignorance un the pm't of 
the smith, it (the case) is to be 1.uled as it is in the case of " the 
weapon of a native freeman without knowledge of trespass." 
If two sledge-hammers while being wielded have come in 
collision, and if injury to the persons engaged b only ha.<i re- ' I A 
r. mMI!l 
suIted, and if the particular person by whom it (the collision) t
e""elt'u. 
was caused is known, he pays one-third of compensatiun ; 
if he is not known, one-sixth of compensation is paid by 
each of them to the other. 
If it be injury to some one else c that has resulted, if it be . 1 F 
r. rom 
known which of them caused It, he pays for it; if he is not ,ha' enol. 
known, they pay for it equally between them. 
If it be the anvil that has slipped 2 off the block in the case: 
and if (this happened) in consequence of! bad fixing, the man 
who fixed it pays for the injury do-ne; if it occurred in 
consequence of bad striking, the striker pays. If it (the 
slipping off) be in consequence of bad fixing and bad striking, 
they (the fixer and stl'ike1') pay for it equally between them. 


. For" J:'U1fte'Ö" of the text, C. 926 reads" fU1J1.1J1.1U'O," here 
nd in seyeral 
other places, 



THE nOOK 
OF 
AICILL. 


C.927. 
C.927. 


C,927. 


l
O 


LebaJ1. a,cte. 


Cplt:;h)l1 111 iapml1'O ocur 111 t;eUmE '1' am till cet:; reel 11m 
[111 ÍJl)l'O]. C,nt;a 111 iapml1'O 0 t:;el111'O co hl11'Oe0111, [oeur 0 
11JlJ6011l co t;e1111'O] fO)l Eobmn'O. 


mar ap 111'OeOl11 po fOEml, mar t;pe pl1pe'O a 'Opoê- 
.rbumlt;l, '1' a Ie 'OpP lmcpi'a a aenll)l; [aêt; már t;pe fUlr- 
1)lIU'O a'OpoeëoI1E1Jala, '1' a lC '00 ;;oumn'O]; mar t;pe fUlpe'O 
a 'OpoehbumlL:l oeur a 'OJ10êUI1ï;bala, 'T' a comIc 'OO1b et;appu. 


mar 1m:; rpre'Oa 111 t;eUm:t; po fo::;ml ann, 'T' a lC 'Opp 
rett;e a ael1Ur, aeht; mUl1a fUll eombpoft;U'O 0 ï;obml1'O mr, 
oeur ma t;a, '1' a comIc 'OO1b et;Urpu. 


C. D26. mar e 111 t;wpnnl1 110 f'OEU1t al1l1 [ac a buata'O, a f' é 5 a 'O 
In qua fU1p'r'U'O a '0110eheol15õata 110 a 'OrochbuatL:a;] 
ac1lL: márt;)le 1'Ul11[lp]e'Õ a 'Opoêeol1ï;bata, '1' a lC 'M Fobml1'O 
a ael1Ur; mar L:pe 1'111p[lp]e'Õ a 'OpoêbumtL:l, '1' a lC 'Oaer 
'lIpla1'Oe a aenup. mar t;pe fUl)l[I)l]e'O apael1, '1' a comIc 
'001 b et;apru. 


II&'
' 
W 31
.1-t-) 
,-7 


C. 238. 


mar 1(Jt; Crl'{;IU 111 iapmn'O po 1'ot;ml ann, acht; mara 
combport;a'O It:;lp 50bml1'O ocur tucht; botEmreët;a, '1' a 
comIc 'OO1b et;apru; mUl1a U1l, '1' a lC 'Oaer bolEmreêt;a 
oal1 ael1up. 
11' 1m:; at:a t::o)lbmÈ al1'O, 'Oaine po cot;ml r,a cur 111 
wpml1'O '1'111 t;e11l1'O. 
1rwL: aL:a erbmÈ an'O, 'Oml1e po cot;ml 1(Ip ctJp In iapml1'O 
'rm L:etm'Õ. 
2> 'D l1t r or oeur mr5 e t; oellI' uma [a cep'Oêa If) Eobal1'O]; 
l11'Oter lmllppo caê amur oeur eaê rpet;h otëel1a, caè 111 

lO C.7.3f 
1 næ cauøed the injury.-For "T\O rosUlt" of the text, C. 926 read. "110 fuaëc- 
ßUlS," which ha. much the same meaning. 
I B
fore tMir iron wa. put in thefire.--Per50na were in the habit of going very 
early to the forge in order to get their turn, as it i5 called, early. Such lIB fell 
a.leep before the pladng of the iron in the fire, should be awakened by the smith, 
to prevent their bei!)!; injured by the sparks, &c. If thc). were not, the fine for 



THE nOUK uF AICILL. 


191 


The injuries from the sparks of the iron and of the THI': ß()()K 
hearth are ruled like the first slipping of the sledgc- AI
;LL. 
hammer. The injuries dOìW by the iron in c(trrying it 
from the fire to the anvil, and from the anvil to the fire are 
to be paid for by the smith. 
If the anvil has been injured, an(Z if it was in con- 
sequence of bad striking, the striker alone pays; but if it 
'lOftS in consequence of thð iron having been badly held, the 
smith alone is to pay; and if it was in consequence of ball 
holding and bad striking, they are to pay equally for it (the 
dct11wge) between them. 
If it be the sparks from the hearth that have caused the 
injury in the case, the bellows- blower alone is to pay for it, 
unless the smith has urged him to blow stmllgly, and if 
he has, they (the blo'wer and the smith) are to pay for it 
equally between them. 
If it be the iron that has caused the injury when being 
struck, it is to he considered whether it wa.'! in consequence 
of bad holding or of bad striking the injury lWl'pe1tcd; and if 
it was in consequence of bad holding, the smith alone is to 
P ay for it; if in consequence of bad striking, the strik

 

 0 
parly alone IS to pay. If it was through the f(wlt vf both, 
it (the inju7'y) is to be paid for by both between them. 
If it be the sparks of the iron that have caused the in- 
jury in the case, and if there has been urging on by the smith 
and the bellows-blowers, they pay for it equally between 
them; if there has not been, the bellows-blowers alone pay. 
.. Profitable workers" here arC' persons who fell asleep 
before the iron was put in the fire.' 
" Idlers" here are persons who fell asleep after the iron 
had been put in the fire. 
Gold and silver and bronze fOU1Ul in the smith's forge are 
by law forfeited; the troughs and every range in general, 


injury done them was equal to that for injuring a person employed at profitable 
and necess'lXY work in the forge. But if they had remained awake until the iron 
was placed in the fire. and fell asleep then, they were regarded as idlers, because 
they saw the danger, and were therefore dealt with in case of injury from 
rarkB, 
6.c., as if they had becn idle looL.crs on and bN&d a wake. 



192 Lebap. Uwte. 

- C
3g- 
THE Boolt rpei:nmp:;ep an'O '00 m1n'OlerL:pmb na eep'Oea; oeur 1r ann 
OF b b .. 
A'ClLL. r 1f1 '00 Ea ap e1p1e t;OP mE 1f1n C)l((n'O. 



.y "h, 1f. 


""01111' cae m-cne 1f1'Oerëblpe U11e 1 nmt;, a cuehL:mp, a 
eermca, a mmlen'O. 
IJ 11' '011er 1f1 L:Or oeur 1n t;mpEet; oeur 1f1 t;um(( a ceft'Oèa 
1n Eoban'O, oeur noco '011er 1 eep'Oca 1f1 eep'Oa, ump mdl1l0 
1f1'Oe1i:: b1 r hé 1 eer'Oca 1f1 Eobann, oeur nocon e'Õ a cer'Oca 
1 n cep'Oa. 
bta con con5at, [aëL n1 L1 neë eLup.p.u]. 


[, 25 1 
, lf9't 


C.IZ:J2. 


C 
30. 


10 [e-oon, rlán '00 n(( eonmb 1f1 Eal eon'Oa '00 ma'O a 
eOmmnL:1n a 'Oa pa'Oa'O .1. a 'Oa t;1Ëepna, act; n1 d nech 
et;uppu. 
a:CL:mE1m, m:;ú act; l1um an'O, co naeh é m fep eL:pana 
e01t;Cen'O '00 CUU1'O fir a 'Oe1p1m '00 rlanL:1 'Oólb; no act;- 
[; U1E1m, m:;á act; bum an'O, cona'Õ é m fep let; et;pana '00 
ëum'O 1'11' na habpmm '00 tlánn 'OO1b 1na hmle erba'Ou 
oeur t;opba'Ou mle map aen p1r.] 


flla t;a t;1Eepna 1n 'Oapa eon all, mp'O, oeur m U11 L1Eepna 
1n con mle, rlán eu 1n pp u11 ap mft'O '00 mapba'Õ, oeur 
201'1((C panClmc1 a com 1n pp na fml ((ft mp'O, een caemact;a 
t;erpmCt;e, ocur ma t;a coemact;u t;erpU1c-ëe, 11' pac cola 
clU1C1. 


mUna fml t::1Ee-pna eon '01b ap U1p'O, act; eo'On((1
 
aca mnmmUe, tan pac on tuèt:; U11 ar mr'O '1' nu conmb, 
,>veur lan pac 1n cac 111 mlttpt; 1'0 eormb, ee be, cen 
co be, eoemact;u a t;erpmet;e. 


1 For 'lie wooden vu,tù.-That iI, the emith hlL'l to redeem the wooden vel.el. at 
a priee equal to the' erie '-fine of a profitable worker. 
E,'ery ,Jr,wc'.,nr!J rh"rg,.-That i., everything unconnecterl with hi. bu.ine.. 



THE BOOK OF AICILL. 


193 


i.e. all small vessels of the forge ranged around it, are not THE BooK: 
however forfeited by law; and it is in this case that the Ax
:LI.. 
'eric'-fine of a profitable worker is payable for the wooden 'Jii(i;Ñ
? 
ves&rls. a I a Ir. The 
Every unnecessary charge' left in a kiln, a kitchen, a tru. 
forge, or a mill, is by law forfeited. 
The gold and the silver and the bronze are by law for- 
feited in the smith's forge, but they are not by law forfeited 
in the goldsmith's forge, for they are an unnecessary charge 
in the smith's forge, but not in the goldsmith's forge. 
The exemption of dogs in dog-fights when no one 
comes between them. 
That is, the dogs are exempt in the dog-fight made with 
the cognizance of both their owners, i.e. of both their masters, 
provided no one comes between them. 
I stipulate, I make a condition in it (the case) that if it 
be not the impartial interposer who went down to sepamte 
them, then they (the dogs), I say, are exempt; or I stipulate, 
I make a condition that if it be the half-interposer! who went 
down to separate them, then I do not say that they (the dogs) 
are exempt in re5pect ofinjm'ydone to all idlers and profit- 
able workers 'lulw may be with him (the half-interposer). 
If the master of one of the dogs is present, and the 
master of the other dog is not, it ú safe to lcill the dog of 
the man who is pre
ent, and the fine for fall'-play shall be 
}J(âd for the dog of the man who is not present, if there be 
not" the power of saving, and if there be power of saying, .Ir.lI"ith- 
it is a case of fine for foul-play. out. 
If the master of neither dog of them is present, but sane 
adults are inciting them, full fine for the dogs ú to be paid 
hy those who are present, and full fine for every thing 
which they (the dogs) shall damage under their feet, 
whether there be, or there be not, power to 8aye it. 


left in charge of a kiln-owner, a cook, a smith, or a miller, is forfeited, evidentl). 
to prevent the concealing in this way of stolen goods. 
3 lIaif-inlerposer.- That is, a person acting in behalf of Olle of the owners. 
VOL. III. \J 



194 


tebap. m cleo 


tilE BOOK .1. 1n feft etiftana C01tiC11l'O timn1C etiaftftu; ocur mar e 
0., 
AICILL. cu m pft atiá aft mft'O '00 f05tal'O ft 1 r, 1r lán pac um'O 
1n'O; ocur mar e cu 1n pft 11a fmt aft mft'O, 1r lei; pach, 
ocur coftab e 111 feft atia aft mft'O 1Cl1r. Ho fer 1n cu po 
.5 fosml p 1 r ann r'n ; ocur mana po fer, IrtieOr a cetihrUII"118 
l1a-cmb apaen ann, .1. tci:; pac 0 com 1n pp m::a op O1p'O, 
ocur cetihpmme 0 C01n 1n f1p11a fmt aft a1ft'O; ocur C01l- 
ob e 1n feft m::a aft a1ft'O ícur. 


ei'>on, rtán '00 na cona1b 1n Eat COn'Oa '00 111m:: a a1ti1tiln 
, a 'Oa pa'Oati, a 'Oa tilEeftna; rlan '00 cac '01b a ce1te; ocur 
pac panclU1C1 111 cac 111 m1ttpti ro cormb, cen caemac- 
timn a tierrmC-C1; ocur ma tia coemactiu tierrmci:;e, 'r 
pac cota ctmc1 ocur rett1'O cota ctU1c1 na rettac po ba1 
acá rettai'>. 


c. !l30. ,6 [et conEat comaftte1ci:;, a ha'Oa po'Oati, rtån '00 cac '01b 
a celt1 '00 mapba'O, ocur pac panctU1che um::hu 1n cae 
111 m1ttpti ro cormb cen caemoctimn a tierU1ftEi;I, ocur 
ma tia caemactia1n a tiErmpEi5e, 'r lán pac, .1. pac cota 
clmche.] 



D CC conEat 1n'Oe1-cb1pe op a n01Ë1Í> bu'Oe1n an aenuft, tan 
pach fO b,i:;b,nc, 0 cac '01b ,na ce1te; ocur lan pac 1n 
cach n1 m1ttpti ro cormb, ce be cen. co be caemactiQ 
tiera1ftce; ocur rettacfOEa1t na rettac fto bm aca rettai'>. 
+ e
30 


mora tei:;bftortiu ocur po fer 1n' cu '00 ft1Ene 1n fOEmt, 
^' 1r amU1t reft tmme ti1Eeftna 1n con '00 plEne 1n fOEmt, 
ocur 'r ammt feft me'Oon ctmc, ti1Eepna 1n con na 'Oer na . 


I The MS. is defective here, and the aense cannot be made clear from any of the 
fragments fouud in other bfSS. 


.. 



THE nOOK OF AICILL. 


195 


That is, the impartial person interfered 1 between them Tm: BOOE 
here; and if it be the dog of the man who is present that ÂI

LL. 
injured him, he (the owner of the dog) pays full fine for it; 
but if it be the dog of the man who is not present, 
it is half-fine that is due, and it is the man who is present 
that pays. In this case the dog that has done him the in- 
jury is known; but if he (the dog) be not known, both the 
owners pay three-fourths fine, i.e. half-fine for the dog of 
the man who is present, and one-fourth for the dog of the 
man who is not present; and it is the man who is present 
that pays. 
That is, the dogs are exempt in a dog-fight they engage 
in with the cognizance of both their owners, their masters; 
each of them is exempt from the fines of the other; but 
there is a fine of fair play for every thing they injme under 
their feet, if it could not have been saved; but if it could 
have been saved, it is a fine for foul play and for looking on 
at foul play that is du,e by the lookers on that were looking 
on at it. 
In a dog-fight with the consent of both the owners, each of 
them (the dogs) is exempt in case of killing the other, and 
the fine for fair play is due of them for every thing they 
shall spoil under their feet, when there is no power of 
saving it, and if there is power of saving it, it (the penalty) 
is full fine, i.e. fine for foul play. 
In a dog-fight without being excited& and of their own & fr. r,,- 
accord alone,fullfine according to their wickedness is due from nece'Ml"9. 
each of them to the other; and there is full fine for every thing 
they spoil under their feet, whether there was a possibility 
of saving it or not; and there is the fine for looking on 
upon the lookers on that were looking on at them. 
If one of the dogs has been set to fighting,b and if the dog · Jr. Ifi' 
which did the injury be known, the master of the dog :
1t

 
which did the injury is as one who inflicted the injury 
with his own hand, and the master of the dog which did , 
not do the injury is as the man in the- 
f a game. 2 fIHvt 
 
 V'It 
Iln the milÙt ofagalrn'.-That is, in the position of a 
 of a "/ C. 237/ 
 "'- 
dangerous sport which haa resulted in injury to some one. Þ , L J, I L 
<) 
 1/V. C, Ilrl- "\U4(....,..<i,
 7'. 
YOLo III. 0 oJ ,(-.,..,. . 
&
WP -1'[.' 1k 
 
W "'" 


+7- 
"ct' +u- .tn, ÿf- 



Till:. Boo.. 
OF 
AICILL. 



- ns- 2. t 1 



. 2.38. IS'.\-. 


1/ 
 5'
O./8- 

2"L, 19 


196 


Lebup. ((1cLe. 


mar a lei;bp.ortiu, ocur n; fer; no mara combp.or tiu , 
cIa p.o fer, cel1 co fer, '1' amUtl fep.latme lmi map. aen, 
[no] '1' amUtl fep. me'Oon ClUltihe. 


1 n fep. etip.ana COltic1t1'Oe '00 cUat'O )'11', flan '00 cac fo15 ml 
.r; '00 'Oella P.1t1 aca lletiap.rcap.a'O, acti nap.ab ap. 'OatE'n 
fOEla p.e cop.p; ocu1' m(1'O ei), '1' f1UCh fon fmih, muna 
coemnacap. cena; ocur ma caemnacatp, '1' pac ro atcnei) 
(( fai;a atp.; ocu1' pac cola clurb 0 naconatb 1t1'Or'Um cen 
caemactiu, OCU1' ma tia coemactiu tie1'p.atct;1, '1' pac cola 
coclUtt;I. 


C. !J31. 


1 n felt lei;etip.ana '00 Cl1at'O etiap.p.l1, cm he bu'Oem cm 
he In cu p.'1'1 ll'Oechat'O tiatb p.o fOEmt p. I 1' 11l com amaë tip.e 

U1p[1r]ei) a let;etip.ana rum, tan pac ua'O '1"11 com amac, 
OCU1' r tán 'Oon com amUtch el1"Um; tun pac tI(m 't'111 cOIn 
,;)tl}'1n [I1'\)ecati) ti((1U; tet; pac ón com pIP n'Oec((1'O] nub 
11l'O}'1um, cell coemactil1 tierp.at, Ct;1 ocu1' ma tia coemactil1 
tierp.atct;l, '1' flach cola clmdle. 


11 1a r a cO'Ollach '00 p.IElle tn 1IlmUtUe, rlan ell allll,OCUr 
pac fO atcnei) a fat;a ap. f e p.lnmullle. 


to mara mac 1 nael'1ca let; '01P.1 '00 p.lne In 1Ilmullle, cetih- 
pUlme '01p.e ocl1r otihp.ur com tan co bar a tiop.bac cen com- 
15 111m , ocur ma tia comS1l1m, '1' cetihp.Utme '01p.e OCl1r tet; 
oi;f\ur; celtihp.1 reCtimam otihp.ura co ba)' 1 nerbach cen 


, In the millsl of (I game.- Vid. note 2. page 195, 3Ipra. 



THE noOK OF AICILL. 


197 


If one of the dogs has been set to fighting,& and it is not THY. BOOK 
known 'which of the dogs did the illj lO'y ; or if they both be AI

.I. 
set to fighting,b whether it be known or not 'which of them, . I r. I "i t 
did the injury, they (the owners) are both as (in the position 
e 
a.&. 
of) one who inflicted the injury with his own hand, or both 
,,:;
';y.it 
as the man ffi-
id
 of a game.' be j?i"r- 
The impartial interposer who went down tv separate the dogs 
:r(''''''9 
is exempt, whatever injury he may do to them in separating 
them, provided that it be not with intent to injure their 
bodies he went; and if it be with such intent he went, it is a 
fine according to the nature of the cause he shall pay, even 
if it (the illju?y) could not be ]J}.evented; and if it could be 
pl.evented, it is a fine according to the nature of the cause 
he incurs; and the?e is a fine for fair play for it (any 
inju?y done him) from the OW1W? Of the dogs, if it (the in- 
jury) could not be prevented, but if it could be prevented, 
it is the fine for foul play that 
 due. 
The half-interposer" who went between them, whether it 
was himself or the dog which he went to help that, owing 
to his partial b interference, injured the other dog; pays full : Jr. Hc:lf 
fine for injuries to the other dog: and the other dog C is 
. fD


 
exempt on aCcOlmt of injuries to him (the lwlf-interposer); out. 
he pays full fine for the injw'Íes inflicted by the dog in 
Lehalf of which he interfered; half fine 
 due from the 
owna of the dog in behalf of which he interfered, if he 
could not have prevented the i11jury, and if he could have 
prevented it, it is the fine for foul play that 
 dlle. 
If it be a sane adult that has. excited (a dog), the dog is 
then exempt, and a fine according to the nature of the case is. 
to be paid by the inciter. 
If it wa'! a youth at the age of paying half-' dire'-fine 
that caused the incitement, he pays one-fourth of 'dire 'I 
fine and full sick maintenance till death f01' injuries to :t. 
profitable worker if he were not an abettor, and if he were 
an abettor, it is one-fourth of 'dire '-fine and half sick 
maintenance he pays; four-sevenths of sick maintenance 


. The haif-ineerpo8er.-That is, one biaased in favour of one of the dogs. 



198 


Lebap. mcte. 


THE BOOK comE1l1m, OCllr ma t:a comEt11m, 1r"Oa reCtima"O ; cet:nflU1me 
AI

 "olfll fle tiaeb a1tinElna lafl mbar CeCtiafl "Oe, CI"O a tiOflbae 
CI"O 1 nerbacn cen comE01m, ocur ma t:a comEt11m, cetin- 
flmme "Olfle ocur tetin mt:nEln. 


s 11lara mac 1 naer 1ca a1t:nElna "00 fl1ne 10 1nmmlle, "Oa 
reCtima"O ot:nflufa co bár a tiOflbac cen comEt11m, ocur ma 
t:a comEt11m, 11' rect:ma"Ô; reetimal"O ot:nflUra co bar 1 
nerpa1f; cen comE01m, ocur ma t:a comE01m, 11' 1n reCtima"O 
flann "Oec. Cet:hflmme rect:ma1> na a1t:hElna lafl mbar a 
, cecht:afl 1>e, C11> a tiOflbac CI"O 1 nerbac cen comEmm, ocur 
ma tia comE01m, 11' 1>a reCtima"Ô. 


'be1bl"O Efle1m let; a1tihE1na cu cet: c1nt:ac ac mac 1 naer 
1ca let; "01fle, C11> a lei:; fle flubl1 C11> a lei:; fle "Oa1mb; ocur 
Jloca Eabann ac mac 1 naer 1ca a1tinE1na, acti a lei:; 11e flubl1 
I
nama, amml 1>0 belt; cen 10mmUe 1t::1fl; Ua1fl nera 1>0 tan 
C01>na1E tan m1C 1 naer 1ca a1t:hE1na; Ua1fl cae co"Ona1Eetil1 
;;-
 U"C,2..Qf 1 mb1 fefl1OmU1tte, 1>l1E1t:e CU, cac eco"Ona1Eeti111 mbla fefl 
1nmmtte, 1n1>l1E1t:e cu. Cac ba1l 1rlan cu ac c01>nach, 11' 
C.983. pach fa1fl [.1. lei:; oi:;flar no lei:; a1tihE1n] ac écco1>naë; 111 
20 ba1t 11' pach fa1fl a c01>nach, 11' mo blaT' fa1fl ac eco1>nac. 


C '7 f {) t Cf3lf 


bta mep. cU1p.mcech, ac!; n1 b1'Ðba nama. 


bta meyt cUlytmr;ech,.I.rtan'Uonmlyt beytmytlfr;ech I nebaytm 
èll1ytm. a:ér; ní bl'Uba nama, .1. aér; naytalb bl'!>banuf ytemr;echr;ach 
nice nama, ualyt mail e'!> 011, noco rtun. 


IS mar ar-1>!a fluca1> a11Un1> ne, ocur afl1>1a flo ({1fl1t:01Ee"O 



THE BOOK OF AICILL. 


199 


till death for inju'l'Y to an idler if he were ,not an abettor, THE BOOK 
and if he were an abettor, it is two-sevenths: he pays one- AI
:
L, 
fourth of 'dire '-fine besides compensation after death for 
injury to either, whether a profitable worker or an idler, 
if not an abettor, but if he were an abettor, one-fourth of 
'dire '-fine and half compensation. 
If it was a youth at the age of paying compensation that 
caused the incitement, he pays two-sevenths of sick main- 
tenance till death for injuriés to a profitable worker if he 
were not an abettor, and one-seventh if he were an abettor; 
læ pays one-seventh of sick maintenance till death for inj ury 
to an idler, if he were not an abettor, and one-seventeenth 
if he were an abettor. One-fourth of one-seventh of the 
compensation after death is to be paid for injury to either, 
whether a profitable worker or an idler, if not an abettor, 
bnt if he were an abettor, it (the payment) is two-sevenths. 
Half compensation is inculTed by a dog if it be its first 
trespass, 'Luken incited- by a youth at the age of paying. Ir With, 
half' dire' -fine, whether in respect of beasts or in respect of 
persons; and it is not incnlTed by a dog incited- by a youth at 
the age of paying compensation, only as regards beasts, and 
the case is as if there had been no incitement at all; for 
the full fine of a youth at the age of paying compensation 
is nearer to the fullþne of a sensible adult than is that of 
a youth at the age of paying half' dire '-fine; for the more 
sensible the inciter of the dog is, the less liable is the dog, 
and the less sensible the inciter is, the more liable is the dog. 
Wherever a dog is exempt if incited k by a sensible adult, 
there is a fine on it, i.e. half sick maintenance or half com- 
pensation to the i11ju1'ed pw'ty, if incited- by a non-sensible 
person; where it incurs a fine with a sem3Íble adult, it incurs 
a greater fine with a non-sensible person. 
The exemption of a fool in an ale house, provided 
he was not an enemy. 


The exemption of a fool in an ale house, i.e. the Cool is exempt who Ï!I 
brought into a house in which ale is drunk. Provirled that he was not aD 
.nemy. i.e. pro'\"idedonly he bad DO previoUgenmity, for if he had, he is DOt exempt. 
If it was ont of charity" he was brought in, and if it was · 


 



200 


Lebap. a,cte. 


THE Boos: taU, rlun 'Oon 'C1 flue anum) he, ocur rlan 'Oon 'C1 flo 
AI
:;'L. atJl1'C n1 ö 1 'O 'CaU, flan 'OJlu'Ch een crobufl cen bmbanaf. 
Ocur ma 'Ca b1'Obanur, lef at'Chö1n afl'OJlu'Ch, oeur lef 
at'ChEtn '00 'Oul fle laJl; ma ro a'Òbafl ocur b1'Obanur, 'CeoJla 
.f ee'ChJlU1me na le'Ch at'Ch ö 1na afl 'OflU'Ch oeuf ee'ChflU1me 
'00 'Oul 11e lUf\. 


mar afl 'Oat ö 1t1 a 'CatJuach'Ca fluca'O anunn he. ocuf afl 
'Oa151n a 'C01flfl1aeh'Ca flo atJl1'Cntößa'O 'Calt, at'Chö1n afl 111 
'C1 flue anunn he, oeuf aJl tn 'C1 flo a1Jl1'Cn1E 'Calt. Slan 
10 'OJlu'Ch een a'ObaJl, ocuf ma 'Ca bmbanur, let;h a1'ChE1n afl 
'OflU'Ch, oeuf let a1'ChE1n OJlJlU maJl aen: ma t;a a'Obafl oeuf 
bmbanuf, 'Ceofla ee'ChJlU1me aJl 'OJlu'Ch, ocur ee'ChJlU1me 
oflflufOm maJl aen. 


mar aJl '01a fluea'O anunn he, ocuf aJl'Oa1E'n a 'C01Jl- 
lofl1acht;a flo a1fl1'C111ö (.1. flO UJlfaem) 'CaU, flan 'Oon 'C1 flue 
anunn, ocuf a1'ChE1n aJl 111 'CÎ flo atJl1t;111E t;aU, ocur flan 
e1f1m ann een a'ObaJl cen b1'Obanur ; ocur ma 'Ca bmbanur, 
tef att;h51n atflf1um, ocuf tef a1'ChEtn aJl1n 'C1 flo a1Jl1t;111ö 
'CaU. ma 'Ca a'Obafl oeuf b1'Obanuf, 'CeoJla ce'ChJlU1me a1Jl- 
2 f1um, oeuf ee'ChJlU1me afl 1n 'C1 110 a1Jl1'Cnt5 taU, oeuf 
rlan 1t1 'C1 flue anun'O. 


mara aJl'Oa1fjtn a 'C01JlJl1ac'Ca fluea'Ò anunn he, ocuf ayt 
'01a flo a1Jl''CntEe'O 'CaU, a1'Chö1n afl 1n t;1 11UC anun'O, ocuf 
flan 1t1 'C1 flo a1fl1t;111ö faU he, ocuf flan e1r'Um ann een 
16'a'Obafl een bmbanuf; ocuf ma 'Ca b1'Obanuf, tef att;hE1n 
afl1n 'C1 flue anunn. ma 'Ca a'Obafl ocur b1'Obanur. 'CeoJla 
ce'ChJlU1me atflf1m, oeuf eet;hJlU1me aJl 1t1 'C1 flue anunn 
he, oeuf flan 1n t;1 Jlo atfl1'Cnt ö 'ChaU. 


I if he haf)
 ca",
.-Cause here seems to mean what is called .. causa sine qua 
1100," something which exasperates the fool, some act or thing causing the affray. 
I Borne with within. The words in parentheses in the Irish are all interlined 
gl088 in the MS. 



THE BOOK OF AICILL. 


201 


out of charityk he was entertained within, the person who THE Book 
took him in is exempt j7'om liability for his offence, and the AI
7L1.. 
person who entertained him within is exempt, and the fool, if - 
h h . h .. A d . f h h . Ir. 
 
13 ave neIt er cause nor enmIty, IS exempt. n leave God. 
enmity, half compensation is due from the fool, and the othe1. 
half compensation is remittedjb if he have cause l and enmity, bIr. Fall. 
three-fourths of half compensation fttll on the fool, and the ;;'::a. 
other one-fourth is remitted. b 
If it was for the purpose of inciting him he was brought 
in, and for the purpose of inciting him he was entertained 
within, the person who brought him in, and the person who 
entertained him within, pay compensation. The fool who 
has not cause is exempt, but if he have enmity, the fool pays 
half compensation, and the other two (the inciter and the 
ente'l"tainer) pay half compensation; if he have cause and 
enmity the fool pays three-fourths of compensation, and the 
other two lJaY one-fourth. 
If it was out of charity. he was brought in, and if it 'wos 
for the purpose of exciting him he was entertained, i.e. borne -rer- ., 
with VI ithin,2 the person who brought him in is exempt, and 
the person who entertained him within pays compensation, 
and the fool himself is exempt if he have neither cause nor 
enmity; but if he have enmity, he pays half compensation, 
and the person who entertained him within pays half com- 
pensation. If he (the fool) have cause and enmity, he pays 
three-fourths of compensation, the person who entertained 
him within pays one-fourth, and the person who brought him 
in is exempt. 
If it was for the purpose of inciting him he was brought in, 
and if he was entertained within out of charity: the person 
who brought him in pays compensation, and the person who 
entertained him within is exempt, and the fool himself is 
exempt if he have neither cause nor enmity; but if he have 
enmity. the person who brought him in pays half compensa- 
tion. If he have caUse and enmity, the fool himself pays 
three-fourths of compensation, the person who brought him 
in pays one-fourth, and the person who entertained him 
within is exempt. 



: I.,'lt, 11+1.1. 931- 


THE BOOK: 
OF 
AICILL. 


C.936. 


_ 
 E.1!37 

 
 

 'M ft<<" e. Iq'U 
C.937. 


{/ U'113ljb 


202 


Lebap. mcte. 


C'"O be [meJl] 110 1011'ce etiac ({ celle co nan:;h1t1"Oe no co 
cmn'01U arJlean a1t:;hE,n ann, ma tia me11'ee, umJl mere 
cac meJl; melree meJlactia rmn, oeur noeo melfCl lenna, 
umJl "Oama"O ea"O, noeo "OJlutih elr,Um. 


.) OJlEmn a111tectia 1n "OJll11'G aJl a <<151-5 a aenur "00 r ' E- 
l1er'Um annl'eIC, OCl1r noco merCmtil he 1n bn"O "Oot, acti 
õJlelm tiOlrrlachtia Eelbur"OO timrm oeUrElor na rochm'Oe 
't>o ctolrtiln. 
Co"OnmË cen me1re1 "00 r'nne 111 ti01rrweha-5 ann 1'111, 
10 ocur 'Ðama"O eo"OnmË co melree, '1' 1nan'Ð ocur 110 tiorr ec - 
"Omr mlc 1 naer 1ea te1t:;h"01re, .1. rtan 1n meJl1r nË 1 
l1eba1-5 1n cUIJlm, acti n1 bl'Ðbu nama .1. acti mt:hEln namå, 
co na bu"O 13"0 110 rtamti1Ee"O "00 111 til r'r 1 r01bl bl"Ob anu 1' 
pemt:ect:aeh '00, acti 111 b1"Obanur at:har na måtihar, act: 
: bl"Obanur tae 110 a1"OC1 r0I1111. 
[ etw 
 
 ,I. c.o.dv 
 ?\4f fw1t 
 C 19111j 


bta m1afl'l> m1'l>ctmr. 
'.1. rlan "Oon ti1 ctm"Oer an meln ar a me"Oonctmr. metn 
fin art na fU1t t:ect:u5a"O, no ce bet; t:ect:uEa"O, po hetree"O 
'ÐÞr buna1"O hI. Slan act: na 11011f'for1'CJlat:h rU1t;I
 oeuf 
ma t:a, '1' a bet; a111U111n cta'Ð 111n"ObEt:ec; ocur r lmnn 
erpm-5 oeur etiarbm'Õ ann co n"Oenam a 'Ðl1'se"O, quan 
nmtihEena [1 nae1' comE111mrm'Õ, 111 cac tiopbac, oeu1' 1n cae 
pob] 111 cach rÒEml"Oo õentïaJl aea 1mtua"O fir OCur ruar; 
OCU1' t:laCtia111 0 let; 'Ð111e co t:rwn na1tihF:ena. 


"lS mara meln ara t:a t:ect:uEa"O, oeur 111r elfce"O 'Ðpr 
bunm'Ò h1, CU1C re01t: ann, ocu1' mree l1a m1ana relb 111a 


1 Unlu.it be. The words" aê'C nt, ü it be not," are omitted in C. 934 and 1910. 
I The middle t..ench.-" Middle" seems to mean, that the trench is sunk in a 



THE BOOK OF AICILL. 


203 


Whatever fool it be that burns another person's clothes THE BOOie 
with a ooe:! or a candle, pays compensation for it, if it be Ai

L fwd
 
done through drunkenness, for though every fool is as if 
drunk; that is the drunkenness of folly, and not drunkenness 
from ale, for if it were, he would not be a fool 8Ïmply. 
The manifest assault of a fool is when he made it of his 
own accord, and was not more drunk from having drunk 
ale, but because his having heard the noise and voice of 
the crowd had the effect of inciting him. 
Sensible adults who were a not drunk caused his incite- aIr. WitA- 
.. . . out dnlflA:- 
ment III thiS case, and if they were sensIble aùults who were nlBUI. 
drunk, the case is the same as if the incitement had been 
caused by youths at the age of paying half < dire'-fine, i.e. 
the fool would be exempt in the ho
se in which he drank 
the ale, provided only it was not an enemy he assaulted, i.e. 
he only pays compensation, so that he would not be exempt 
if the person assaulted be a person to whom he bore pre- 
vious enmity, unless it bel enmity of father or mother, but 
he is exempt fo)' enmity of one day or night before. 
The exemption as regards mineral in a mine. 
That is, the person is exempt who digs the mineral 
out of the middle trench. 2 This is mineral which has not 
been appropriated, or though it has been appropriated, 
loespecting which the owner has given his consent. The)'e 
is exemption provided there is no stripping of the sward to 
get to it, and if there be, it (the cClse) is to be as that 
of an "unlawful ditch;" and when it (the work) is legally 
done there is exemption on accovnt of i'i1juries to idler!! and 
unprofitable workers, but one-third of compensation to fel- 
low-workers is due to every profitable worker, and to every 
animal for every injury done in moving it (the mineral) 
up and down; and it (the fine) is reduced from half<dire'. 
fine to one-third of compensation. 
Should it be mineral that has been appropriated, and the 
Owner has not given permission respecting it, the fine for 
digging it is five 'seds,' and the restitution of the mineral 


place" in medio," not appropriated by any penon, or, which is equivalent, where 

he owner waiving hie right permits it to be considered as unappropriated. 



ct. J IS
," 


C 9'S. ,59Z. 


1
 1.tß&.'1f, 

V(V 

5'f 
 
 
r r5 0 i 


204 


tebap. a,ctè. 




OJ3"-11 


THE BOOK t:ar:ëar, CI'l> Ina t:111'l>lb, CI'l> 111 a t:ancntpb, CI'l> 11ai<aIC['l>]t> 
AI
7LL. upptm
ber; Ocur tatl paë 111 caë rOEmt 'l>0 Eem::nt1 aca 
Imtua'l>, OCU1' bet ro Clnm'l> 11a c1m1'1, co p01b rep bUncn'l> 
11a mt:1t:111 pe wpra t:mpre'l> a terU5(('l>, co t:01t mCI ma 
$'11emterUËai>. [m(('l> é a 11ama 110 111 t:1'tU((rcrc; 'l>ec 'l>W C11111, 
C, 1917. 
11' rce111m 'l>0 'l>eëra111 'l>ólb]. ocUt' '1' am>r111 at:a tan r w .:, 
1 cet:: rce111m 111 01111>, cen pr et:aUmr. 


No bta me111 ml'Dctmr. 


C.1915. .1. rtan 'l>011 mW11'l>mË 111 n1 ctm'l>er a mW11 ['l>0 ëmtelïl, 
')t 10 .1.] a t::11 1 m1pe1111a 'l>0 b1U'l> 11e1ch mte, 110 a t::111 f((t:h((1111a 
C.1915. 'l>a b1U'l> bU'l>e111 [.1. (( P11] ((ët: 11(( cmtea Imapcpmi> t:cnp l r; 
OCUf 'l>a cmi';ea, 11' p((ë Emt::1 11a hlmapCp(('l>a umh, 110, 
cum(('l> pac Eatt::1 11a h01tWt::cn'l>e. ccët:: ma t:m111C do 
a mwna 'l>e, 11' a mrec um6 co tan pachatb Emt::1; man1 
C.1915. ,jt:mI11c cto'l> a m1an 'l>e 1t::111, 11' [a1Ì1alt] 111n'l>ertblpe t:opba 
C.1915. [1m] cnt::hElna 111 bl1> at111. 


matlap C01n'l>IÈ 111 ben In blcro 1t:111, aèt:: mar ((11 'l>mSln 
mapbta 111 tel111m 11a11 C01n'l>IE 111 ben 111 bw'l>, C0111p1>lpe 
ocur eI1ed((n11 'l>IC 11e pIle a crc;lwp, cum((t 1>IC pe pne 
'l-omat:hap., c01bëe ocuf e11ectat11l 'l>IC 11 1 1' 111 rep. 


m((r a11 'l>mSI11 11e1'pa, ocur 111 herpa 1 tet 1 11 1'1 11 tetlam, 
tet C01pp'l>lpe 'l>IC 11e pne (( crc;h((11; tet cum((t 'l>IC pe pIle 
l11at:: ha 11, c01bëe 'l>IC 11'1' 111 rer- e1'pa 1 tet pe neè cnte 1'111, 
OCUf 'l>am(('l> efpa 1 telt:: 1111'111 tenam, 11 0 ba efpa 11' cot 
L\ CtU1t;I, Ocur tu11 pach 111'l>. 


,.. 
 
 M
't -I- Þ-
 
 O'hHI 


I For the fil.,t .lippi/lg qf the ,ledge.-The IllS. is evidently delective here. 



l'HE BOOK m' AlCILL. 



05 


as it is when tlJken, whether it be in bars, or in masses, THE BOOK 
or in manufactured a articles; and full fine is due for every AI
:
L. 
trespass that is committed in moving it, and he (the miner) a I - R d 
r. ea y. 
shall be liable for such injuries as the trench may cause,b. Ir. Of/he 
until the owner shall have been aware of it (the trench's trench. 
steLte) for a time during which he might have it properly cr 
Jtti' 1.' Ii 
settled, he-htw'i ng It cheiee of not ---settting it. If it be 
 it- 
the spade or the shovel that went off its handle, such are 
to be considered as cuses oj slipping off, and it is in this case 
there is full fine, as thcl'e is for the first slipping of the 
sledge, I without knowledge of defect. 
Or, the exemption in cases of the gratification of 
deHirc. 
That is, the longing woman is exempt in eating what 
subdues her yearning, i.e. three bits of another's food, or 
three sufficient meal':! of her own food, i.e. her husband'", 
provided she eats not much more than this; and should she eat 
it, a fine for stealing the extra portion is clue of her, or, 
(LCconlill[J to othCl'8, a fine for stealing the entire. But should 
her yearning be subdued by it, she shall pay JUI' it with 
full fines for theft; if her yearning has not been sulxlued by 
it, it is like unnecessary 
fit as regards restitution of an 
c1lual amount of food in the case. 
If the woman did not ask for the food at all, and if it cCvýP,.J<1,I- 
was fur the purpose of killing the chilll in hCJ' 'wo
lb t
c 
woman did not ask for the food, there shall be paid l)
y- 
fine and honor-price to the family of the father, a 'cI;mhal ' 
is to he paid to the family of the mother, 
 coibche '-wedding 
prese1} t and honor-price are to be paid to the husband. 
If it was on account of thoughtlessness she did not ask 
fm' the food, and it was not thoughtlessness respecting the 
child, there shall be paid half body-fine to the father's 
family, and half a 'cumhal' is to be paid to the mother's 
family, and a' coibche '-wedding gift is to be paid to the hus- 
band. The thoughlessness was respecting some one else in 
this case, and if it had been thoughtlessness respecting the 
child, it would be thoughtlessness of foul play, and full fine 
'would be inflicted for it. 



206 


tebap. mcte. 


C.lql
 THE BOOK: mal' ap. 'Ða1È1n titar no na1p.e nap. CU1n'Ð1 õ 1n ben 1n 
AI
::'L. bw'Ð, cumat 'Ð1C p.e pne a'Ghap., rechtimcrl> na cuma1te "D1C 
11 e pne matihap., c01bc1 'Ð1C p.1r'1l rep.. 


J II\W" 
J 


C..qI1 
C.939. 



 11110, q'W 


mar e 1n rep. na tiUC 1n bW"D, a reEa"D ca rat; ap. na til1C. 


.rCCCti mar ap. 'Ða1 õ 1n map.bt;a 1n tetmm, c01p.p'Ð1p.e ocur 
enectann 'Ð1C p.e rUle m:;hap. an'Ð, cumat 'Ð1C p.e pne 
matihap., c01bce ocur enectann 'Ð1C p.1f1n mna1. 


mar ap. 'Oa1 õ 1n nerpa, ocur tl1 herpa 1 te1tih p.1r 1n 
tenum, tet; c01p.p'Ð1p.e 'Ð1C p.e r'ne atihap, ocur tet; cumat 
'c'Ð1C pe pne 01 ({tih ap, c01bce 'Ð1C p.11'1n mna1. erPa 1 tet; 
p.e nech mte 1'1n, ocur 'Ðama'Ð erpa 1 tet; p.'r'n Lenum, p.o 
ba"D earpa 'r cot CtU1t;1, ocur tan pach 1n'Ð. 


mar ap. 'Ða1 õ 1n f6c'Ðachtia no õa1n'Ð1 na tiUC 111 rep.1n bw'Ð, 
[1r ama1t 1n'Ðet;b1p. tiop.ba 1m mtih õ ,n 1n'Ð]; cumat 'Ð1C p.e 
,pne at;hap. ann, recht;ma'Ð na cuma1te 'Ð1C p.e r1ne mat;hap., 
cmbëe 'Ð1C p.1r1n mna1. 


o tanuman'Ða rn:;a 1'1n, ocurmara 'ÐU1ne nac tanuman'Ða, 
111unn he OCU}' ra1n, act; can c01bc1 0 'ÐU1ne nach tanum- 
an'Ða. 


:10 'fo.10 'Oono cena, CI'O mop. 'Oa blU'O rein '00 ca1t;h1'ñ conná 
be
 tl1 Ua1
1 ann, act; 11'1n bw'Õ rottaman"Da, .1. cárc no 
tlotitac 1'1n, ocur 'r ann ({tia 1n e1p.1C. 


bta 'Op.u-ch 'Otbup.cu"O. 



THE BOOK OF AICILL. 


207 


If it was on account of timidity or shame that the THE BOOK 
woman did not ask for the food, there shall be paid a AI

r,. 
, cumhal ' to the father's family, the seventh of a ' cumhal ' 
is to be paid to the mother's family, and a 'coibche'- 
wedding gift is to be paid to the husband. 
If it was the husband that did not give the food, it is to 
be seen for what reason he did not give it. 
If it was for the purpose of killing the child he did not 
give the food, there shall be paid body-fine and honor-price 
to the father's family for it (the refusal), a 'cumhal' is to 
be paid to the mother's family, a 'coibche '-wedding gift 
and honor-price are to be paid to the woman. 
If it was on account of thoughtlessness, and not thought- 
lessness respecting the child, thed he did not give the food, 
there shall be paid half body-fine to the father's family, 
and half a ' cumhal' is to be paid to the mother's family, and 
a' coibche'-wedding gift shall be paid to the woman. This 
was thoughtlessness respecting another person; but if it had 
been thoughtlessness respecting the child, it would be 
thoughtlessness of foul play, and there would be full fine 
payable for it. 
If it was through parsimony or niggardliness the man did 
not give the food, it is like a case of unnecessary 
 as 
regards compensation for it; there shall be paid a 'cumhal ' 
to the father's family for it, the seventh of the' cumhal' is 
to be paid to the mother's family, and a 'coibche' -wedding 
gift shall be paid to the woman. 
From a married person this (thf; above payment) is exacted; 
and if it be a person that is not married, it (the payment) is 
the same as this, except that a ' coibche '-wedding gift is not 
obtained from an unmarried person. 
Or else, indeed, whatever quantity of her own (i.e. he1 0 
husbanel's) food she consumes nothing is to be paid by her 
for it, except for the food of a solemn feast, i.e. of Easter 
or Christmas, and it is for eating this food the' eric' -fine is 
due. 


The exemption of a fool in throwing. 



208 


tebap. ((,cte. 


THE BooK .1. rtan 'Oon 'Opl1t; can ep1c 1n '01bpmct1 '00 n; '01C 0 b1ar 
OF 
AICILI.. co'Onach t;01ppeë'Oa ap mp'O, ocur 0 ná bw a'Obap na b1'O- 
banal' mce [bu'Oe11l]; no 1re;; 'rtan bum 'Oon 'Oput cen e1lt1C 
c. 1910. 
1n '01bpmct1 '00111 '01C, 0 na bw co'Onach t;01P11Wcht;a ap 
smp'O, ocur 0 b1<Xr a'Obap ocur bl'Obanur a1Ce. 


CV
(J, 


c. 1918. 


bta et::hap. 1map.ëup. [a pop.t:: a pop.t::]. 


C. ''ill- 


.1. mcrn he a Emt; '00 ne1t;hep, '1' enectann ocu1' mt;hE1Il, 
no cuma'O 'Owbta 1 cpan'O tert;pa. ma'O et;hap c01t;ëenn 
1muppo, 'rtan a bp61t caë cona11t aët; co mpa 0: a1tih51n 
/,) fe1n ap cutu. 


acJ/wru C IqZJ. 
ma'O Ea1ti Eat:;mt;ep he, aëti ma po mt;hne;; 1n con:;cenn 
he 1 ta1m mp1t1, '1'1 0: ensctannrum 1Cap 1no: Eo:1ti. 


manap mten 1np he, '1' snectann apcrn na c1Ue o:1p 
1 fOEmt 1n'Ot1r 1 C1n'O c1tte, ocur a1t;hE111; no cumo: '01<Xbta'O 
1 c11an'O terq1a. 


.s 
stan 'Oon n be1p1Ur te1r 1n t;et;hap 'Oa 1mapcup ap. 1n 
c. 1918.. pUpt; 1na ce1te. [1rtan '00 C1o: füõtmE1 11'1'111 etap Ea chup 
1'11' ocur 'Oa tabmpt; an;r; 'rtan '00 C1o: bp1re'Õ a rEut- 
mmpecrna ocur a pmmea'Õa, aët; napab t;p1o: bopbtacar, 
'r1lmp mar c'Õ, 1rf1o:ë a fat;a o:1p ann. stan an'Opp 111 ei:mp, 
C1o: foËmt 1n t;et;ap 1',1U1'am, aët; na 11a1b pr et;aUmr, 
ocur ma;; e'O, '1' pac fon fm]. &:;halt C01t;cenn f1n ap na 
flt1t t;echt;uõa'O, no ce bet:; t;scht;uõcrn mp, po e1rCS'O 'OP11 
bunm;; he; ocur rtan a bpe1t; 1n m11et; be11mp caëa numpe, 

5mara et::hap ap na fU1t t;scht;uõa'O, no 111 m11et; 1'0 e1rCS'O, 
mara st;hap apa t;a t;echt;UEa'O, aët; na puct;ap 1mapCpal'O 
timp1r; ocur 'Oa puct;ap, CU1C re01t; an'O, ocur mrec 1n 
et;hmp cona pama'Oa1b, cona rcutmmps, ocur cona mc'Oe 
uppta1tn. 


I (}r where I deem the fool exempt, <fc.- The MS. seems to be defective here, as 
the cases put appear to be contradictory. 
S A wooden ve.!.el.-That is a boat made of timber, as contradistinguished from 
a corrade, 
3 Unlawful trupa88.-Tws is a 'illotation from some ancient law-book. 



THE nOOK OF AICILL. 


209 


That is, the fool is exempt from paying the' eric '-fine for THE noolt 
his throwing when the sensible adult who inci
ed him is AI
:L. 
present, and when he himself has neither cause nor enmity; 
or, where I deem the fool exempt I from paying the' eric'- 
ftne for his throwing, is when there is not an inciting sen
i- 
ble adult present, and when he has cause and enmity. 


The exemption in respect of a ferry-boat from bank 
to bank. 


That is, if it has been stolen, it (the penalty) is honor- 
price and restitution of it, or, accm'ding to otltC1'S, it is 
double for a wooden k vessel. 2 But if it be a common ferry- k Ir. Trtt. 
boat, it may be taken any where provided its equivalent b be b I
. R
ß
i- 
brought back, i.e. the boat itself be restored. 

:eïj. 0,/ 
If it had been stolen, and if the community had given it 
in charge to a particular person,c his honor-price shall be e!r.Apar- 
. d r Ii . tu:ular 
pal lOr stea ng It. hand. 
If it had not been given in charge at all, it (the penalty) 
is the honor-price of the abbot of the church for "unlawful 
trespass 3 against the church," and restitution of it; or, it is 
to be double for a wooden B vessel. 
The person who takes the boat to carry him from one 
bank to the other is exempt. He is exempt though he in- 
jures the boat in taking it up and putting it down; he is 
exempt though he break her sculls or her oars, provided it 
be not done through violence, for should it be, he shall be 
fined according to the natured of the case. The owner of 4Ir. Caliit'. 
the boat is exempt, though the boat should injure them 
'Lvlw 'Use it, provided he had no knowledge of defect, and 
should he have, it is a case of fine according to the natured 
of the case. This is a common boat, of which there is no 
private ownership, or though there be private ownership, 
the owner has allowed it to be so used; and it is safe to taka 
it as far as it is each time taken, if it be a boat which is not 
private property, or as far as has usuaUy been permitted, if 
it be a boat which is private property, provided it be not 
takpn much beyond it; and should it be so taken, five' seds ' 
is the fine for it, and restitution of the boat with its oars, 
with its sculls, and its ready made articles. 
VOL. III. P 




10 


Lebat1- a,cte. 


TilE Rom>: 
OF 
A,C,LL. 


ma b1'Ò 1 tmm 'DU1ne mprr;he he, '1' na CU1C re01t; 'DO' 
bper
 'DO; ocur mana fU1t, '1' a bper
 "Of1P Epm'D na 
Cp1C1, ocur mmw fU1t, '1' a bper
 'DO 'DeO'pm'Ò 'Dé. 


mara et;hap apa t;a t;echt;UEa'Ò, O'cur mp e1rCe"O 'DO' Pit 
c. 1!J21, 5 bUIWI'D, [lan pac 111 cae fO'E;m1 "00' plEne'D aca cup PI' O'cur 
941 , &c. ] 
 h 
ruar , O'Cl1l' CUIC re01t;, O'Cur mt;5,n m et; mp cO'na pama- 
'Dmb O'Cur cO'na mC'De upp1mm. 


fila t;a fep. pmpt; mplt;1 ann, act; mara tetr 111 pO'pt; al1u 
ocur anatt, '1' a bperf; 'DO' a aenup; munap 1e1r 1t;IP, '1' a 
IOcompam'D 'DO' et;uppl1 O'cur fep m pUlpt; m1e. 


mana U11 fep pU1pt; mplt;e an'D 1np, act; mara et;hap 
t;umÔ he, '1' a bpett;h 'DO' 'Dl1Et:;eemb t;umt;e. 
mara et;hap. ecm1p, 11' a bper
 'DO' 'Dl1
ecmb ectU1p, 
ma t;mt; aml, O'cur mUlla fU1t necht;ap 'De 'Díb an'D, 'I' a 
C.941. ,.. bp1t; 'DO "OeO'pm'Ò 'De [Ila cp1che]. 


filara et;hal1. fO'pa t;a t;echt;l1Ea'D, ocur 111p et1'Ce'D he 
'Dpp. bUllm'Ò, CU1C reO'It; all"O, pac fO'pcpa1'll fO'ma1t;a fO'P 
0'111 ml'D, O'cur mt;hEln m et;hmp, cO'na pammb O'cur cO'lla 
rCU1mmp,b, O'cur 1ml pac 111 caë fOEm1"Oo 'Dent;ap aca 1m- 
101ua"O PI' O'Cur all 11' ; 110', cO'ma'D tan pach 111 cae fa-Satt 'DO 
Eel1t;ap aca bpelt; 1"1', O'cul' 111'Dett;hblpe mpba [1m] mt;h- 
E'n 1n cae fO'Emt 'DO' Eel1t;ap aca t;nbmpt; amI', ump '1' 
t;O'pba a t;011'cli>. 


C'Q/9, tq'f'l.- 


achr; 111P 'F011.tuc1u; no a11rut:h. 
'l
 .1. 'DO' CUIP 11l'D, .1. na hU11e CO''DlIm'D IneO'ch 'I' eO'1ach 
1 n'Dl1Eei> marta OCur U1l'CI, CI'D be fat; a fO'cta O'ppO', 'rlall. 


1-3a hU1te c01mmf, m1e IlleO'ch llaCl1 eO'tach 1 n"Ol1Eei> 
mapa O'Cur U1l'C1, O'Cur Ila hmte eCO"OIWIl;, CI"O eO'taë cm 
cO'b eO'tae 1 11'ol1;;ci> mapa O'Cl1l' alfCl, C1'll be fat; apa 
JU1 
1 U,."eces",.,.y p,'ofit.-To toke the Loat out of the water is useful to the owner, 
as tending to the preservation of the boat, therefore the eompen<ation for injuries 



THE BOOK OF AICILL. 


211 


If it (the boat) be in the hand of a particular person, he THE BOOK 
takes the five < seds;' but if it is not, they shall be taken AI

.L. 
by the ecclesiastic of the territory, if such there be, and if k I 
 
r. .J..uan 
he is not, they shall be taken by the pilgrim of the te?rito)'y. ofg,.ade. 
If it be a boat which is private property, and which 
the proprietor did not permit to be 'l.tsed, thm'e is full fine 
for every injury done in putting it up and down, and a fine 
of five' seds,' and restitution of the boat with its oars and 
ready made articles. 
If there be a special owner of a bank, and if he owns the 
bank: on this side and on the other, he alone takes them 
(the five 'seds'); but if he does not own both banks, he 
divides them (tILe five 'seds') equally between himself and 
the owner of the other bank. 
If there be no special owner of a bank at all, and if the 
boat belong to the territory, it (the fine) is taken by the 
lawful inhabitants of the territory. 
If it be the boat of a church, it (the finJ3) is taken by the 
lawful people of the church, if there be such; and if there be 
neither of these, it (the fine) is to be' taken by the pilgrim of 
the tcrritory. 
Should it be a boat which is private property, and which 
the owner did not permit to be used, five 'seds' is the fine 
for it-the fine for overusing a loan-and restitution of the 
boat with its oars and :"culls, and full fine for every injury 
done in moving it up and down; or, according to othus, 
there is full fine for every injury that is done in bringing 
it down, anù it is unnecessary profit with respect to resti- 
tution for every injury tlJat is done in bringing it up, 
because it is profitable to save it. 
But that there be no over-burden or storm. 


That is, to be taken into account, i.e. all sensible adults 
who are skilled boatmen,
 for whatever cause asked to entu b Ir. SIII/l- 
it are exempt. ed in tI.. 
, 
if
 
As regards all sensible adults who are not skilled boat- andu-at<.,., 
men,b and all non-sensible adults whether skilled boatmen 
or not, fur whatever cause asked to enter it, there is full 


incidental to such an act should be less tlmn for those consequent on the launch- 
ing of it, by which it would be put in peril. 


YOL. ITI. 


T' 2 



212 


tebap. a1cte. 


Till'. BOOK focta;; OppO 'Ðut In"O, '1' paë fO mcne;; a fcrËa ap In 'C1 po 
OF t h 
 
 
AI<'ILL. fOC a oppo; ocur '1' e In pac l1'1n: mar ap "OmE1fI a copa 
t:;mp'r, '1' amU1t m"Oe1t;blpe mpba 1m an:;hE111; mar ap 
'Ðm51n a ft1Uëa, no a cechap'ta, '1' amU1t cot ctU1t;e 1m tan 
6 pach. 


II e, 'L /I tiFt- 


Ú"f-t 1 


8tan a bpelt; fOP anfUt;h a pcrnnmre, no fOP fet; 1 nec- 
mmr; aët; na puct;apfop anfUt;h 1 necmmr; oct:r'ÐapUCt;ap, 
'1' paë f01mplme ann, OCLr m1'1c In et;hmp CO na pama"O- 
mb OCur cona mC"Olb upptama. 


/0 bta ttacll tma"O. 
 C
J;.2- 
.,. rtan "Oon n tmar In te15 aèt; mb t;mpP1'1 "00 bmt;e11 
no ctaenmp. 1;!
 P

b-

, [.1.] noca fU1bt; fetch 1"Olp 
'rln erpaë, ma t;plt; fobpaenmt;ep. ((rp,pt;ep, elp1l1t;ep 
elplC ann '1'111 mpbaë; .1. ma t;pla tert;ap fobpaenmt;ep, 
...rarplpt;ep amU1t cet; fCemm CO pr et;aUmr; OCur 110CO 
t;e1t; In bta 1'0 t;ap mt;h5111, ap a f01UI OCur ap a nem- 
mcbelte a 5mmpa1'Ð. 


8ta1nn erbm5 OCur empbm5 "00 cet; rCelnm na te15e 
can fIr et;aUmr, OCur nacht;mn 0 tet; "Olpe ann co t;pwn 

o nmt;h51na. 


mar e m fCe1nm t;ana1ft;I, ocur m fmn r U1 'Ð15 u "O, '1' 
amU1t In"Oe1t;blpe t;opba 1m tet; mt;h5111 1 nerpm5 OCur 1 
net;apbm5. a1d151n a mpba, tet; "Olpe ta mt;h5111 cen pr, cen 
ålc1'1n. mara mCr'U, CO fmteèt;a a pwët;ana co coemacht;u 
2[; Imõabata, Cet;hpU1me 'Ðlpe ta a1t;h51n 1 nerpro5 OCur 1 



l'HE nOOK OF AICILL. 


213 


. 


fine according to the nature of the motive upon the person THB BOOK 
who aRked them; and the fine is this: if it was for the AI

.L. 
purpose of putting across the 'liver, it is as a case of unne- 
cessary fH'9Rt with respect to restitution; if it was for the 
purpose of wetting them, or splashing them, it is as a case 
 (
) , 
of foul play with respect to full fine being clue for it. 
It is safe to take it (the boat) out in a storm, in the 
presence (of the owner), or in calm weather in his absence; 
but that it be not taken out in a stann in his absence; 
and if it be so taken, the fine for working it shall be paid 
for it (the taHng out), and the?'e sooll be restitution of the 
boat with its oars and its readY'l1vule articles. 
The exemption in ?'espect of filling a ladle. 
That is, the person who 1ills the ladle is exempt so as it 
is not over-filled or inclined to one side. There is DO fining, 
i.e. there is no fine at all for inju'l'Y done to the idler, if it 
has leaked through it (the vessel). It (the injury) shall be 
paid for, i.e. < eric '-fine shall be paid for it (the injury done 
by leaking) in the case of the profitable worker; that is, 
if it has leaked through the vessel, it (the injury done) is 
paid for like the first slipping with knowledge of defect; 
and this exemption does not hold good beyond cases of 
restitution, because of the trifling and non-dangerous nature 
of the action. - - 
There is exemption f/"O,m fines for injury done to idlers 
and unprofitable workers by the first slipping of the ladle 
without knowledge of defect, and it (the finf',) is reduced 
from half < dire'-fine to one-third of compensation. 
Should it be the second slipping, and the arrangement be 
not different, it is as a case of unnecessary profit as regards 
half compensation for inju1'Y to idlers and unprofitable 
workers, compensation for injury to profitable workers, half 
, dire '-fine with compensation f01' inju1'Y to animals if they 
are not known to be p1'esent, or not seen. If they were seen, 
and if its reaching them may have been expected and could 
have been avoided, there is one-fourth 'dire '-fine with 
compensation for injury done to idlers and unprofitable 



214 


Leoap, mete. 


TnE BOOK nS'{::apbm5, tei:; '01pe ta an::hE1n a mpba, ocur tan '01pe ta 
OF 
AICII.L. an::hö1n a pubu. 


mar e 1n t;p.er rCe1nm, ocur fl1 ram rt11'015UTI, Cet;hpU1me 
'011'1 ta mdl;S1n 1 nerPac OC11r 1 net;apbac, tei:; '01pe ta mt;h- 
'b 1n a t;op.ba ocur a pubu cen PT' cen mCf1n. Co rmteCt;c{ 
a p1act;ana, co caemact;a 1mEabata, tei:; '011'1 ta mt;h;S1n 1 
nerpaë OC11r I net;apbac, tan '01pe ta mt;hE1n a t;opba, po 
pact; tan cella a pubu. 


mar e 1n cet;hpatñaTI rcmmn, ocur 111 rmn r t11 '01UEaTI, 
'D tei:; '01p.e ta mt;hE1n 1 ne1'pach ocur 1 net;apbach, tan '01p.e 
ta mt;hE1n a mpbacu ocur a p11bu. 


C q 1./3 . O'b /Sg'1 .", 
C.l!J23. 


bLa felt cata on qurr;h co rwtLe, [no co cen'U recht;- 
mame.] 
.1. rtún '00 a t'eap comcm;a bu'Oe1fl '00 mapba-t} on 1::t uIT ;h 
c. 1!)23.j( co p<<1te, [ma'O] 1t::111. 'Oa t;umt [1 comt'Ocpmb ber 1n cat;], no 
1t::1p 'Oá CU1CeTI ; no co cen'O reC'l::mmne, mar 'Oá cú1ce'Õ 1 
nm51TI aen C111C1TI, no 1t::1p EuUa OC11r Eae'Oet11. OC11r cm 
1m:; pp11 e1J1enn 1111e ber 1 naen bmle ap. 1n pe bei:;1)1 a 
cup. 1n cata 1'111, [11' e 1'111 pe a'l::a e'l::U11.p.o]; ocur Ó ta 1'111 
"'U> amach 11' allltl1t t'ep pech'l::a 1 necorc '01tr15 '00 a t'ep 
comcata bu'Oe1n '00 map.ôa'Ò, no 11' amu1t 1fl'01treë 1 p.1ët; 
1n'0 11 r 1 5. 


C. !J43. 


11' arm 11' [aI11111t] t'ep p.ect;<< 1 nécorc '01tr1E '00 a t'ep 
comcata bu'Oé1n, m mbm'O na pmb be1'cna e'l::app11 OC11r 1n 


I1f it be a battle between Galls and Gaels.-C. 1!J25, adds a fragment here, 
.. The battle between two territories is to last twent).-four hours; that between 


". t 1
1,,
-ç Nu 
 
 ct-1t\;",
_ '/I.Þ 1
 
::: fl.,lt-1J.. 



T:IE BOOK OF AICILL. 


!2l.) 


workers, half' dire '-fine with compensation for injury done TUE BOOIt 
tf) profitable workers, and full' dire '-fine with compensa- AI
;LL. 
tion for il1}ury to animals. 
Should it be the third slipping, and the arrangement be 
not different, there i<1 one-fourth' dil:e'-fine with compensa- 
tion for injury to idlers and unprofitable workers, and 
half 'dire '-fine with compen<;ation for injury to profit- 
able workers and animals if they were not known to be nea? 
or were not seen.- If they 'Were seen, and if it<; reaching them -Ir. Wi/h- 
may have been expected and could have been avoided, there 
rctkn'!'r 
. h lf d . , fin . th . fì .. . dl d Ing,,,,.f ooC 
'/,s a ' ue - e WI compensatlOn or 'lnJU?'y to I ers an seeing. 
unprofitable workers; full 'dire '-fine with compensation for 
injury to profitable workers, and there isfuII 'dil:e'-finefor 
animals also. 
Should it be the fourth slipping, and the arrangement be 
not different, the).e is half 'dire' -fine with compensation for 
inju1'y to idlers and unprofitable workers, and fun' dire' -fine 
with compem;ation for injury to profitable workers and 
animals. 
The exemption of a combatant from one day to 
another, or to the end of a week. 


That is, he is exempt for kiIIing his own antagonist from 
one day to another, if the battle be between two
territories 
or two provinces with. mma.laLnQtÑ:e; or to the end of 
a week if it be a battle of two provinces against one, or 
if it be a battle between Gans and Gaels. And though it be 
ail the men of Erinn that are at one place fighting that battle 
this is the time during which the battle is supposed to be 
between them; and from this out, to kill one's foeman is 
like the kill ing of a man whom it is unlawful to kill" in "Ir.lnno- 
c.nt. 
t,hP. persQn"f a. man whom it is lawful to kill," or like the <!r.GrlÍlfy. 
killing of one whom it is unlawful to kill Þ in t
 of. 
one whom it is unlawful to kiIP 
The case in which one's foeman is as a man whom it is 
unlawful to kill in the person of one whom it is lawful 


of!! I
e, i'/t, 
 


 /'
!.7. 




þ 


'I 


/1 


two provinces ior a weeK, that between the Galls ar:d Gaels for a n:onth. i.e. cer- 
tainty for uncertaint
., i.e. as to time." 



21G 


Leba11. U1cte. 


Tm: BOOK tuct; amatc; flO cé 110 bm, '1' lat: 1fl tuct; ammch po t;t1p- 
AI

LI.. bpo[ '0 ]. 


11' an'O '1' amult 1n'Olt1'ec a P1ct; 111'Oltf15 '00 a fep com- 
cat;a bu'Oe1fl '00 mapba1>, 1n 1flbm'O po bm be1'cna et;app.u, 
i' ocu1' '1' 1m:; 1fl tuct; t;att po t;upbpo'O. 


nluna p01b bercna et;up.pu, 1'tml1n fla foöta '00 nwt; pia 
cup 1fl cat;a, ocu1' laP. cup. 1fl cat;a, OCU1' 1n ump. cop.a Ifl 
cafa bu'Oe1fl. 


/fO'b:t#t; 


nla po bm bercfla et;up.pu, comap.'Ou5a1> co rp.'t;m ö '1> no 
J"cen fp.lt;mÈ11>, 1np. fla f05ta '00 pmoa1> pia cup. 1n cat;a 
OCU1' lap cup 1fl cat;a; 1'tmnn fla f05ta '00 p.lfle'O 1fl uwp. 
C. 94.:5. cop.a 1fl cma bo'Oelfl, uwp. 1'cu1p.1'O cat; [cmp.'Oe] '00 '5p. e 1', 
ocu1' floca 1'CU1p.enn bercna. 


1 r ann at;a 1fl comap'Ou5a1> co fP1t;m51-D 111 1flbm'O '00 plfle 
/$'111 cet; fep f05mt, ocu1' m t;aP'5m1> 'OtI5e'Õ, ocur '00 plöne'O 
l-'05 wt pl1' 111'0; ocu1' a rtmflt;1 'OOfl flP 'Oe11>1tWC co t;p.wn. 


1 l' anfl m:;a 1fl comap.'O u 5 a 1> cefl fPlt;m511> 111 111bw'O '00 
pIlle f05wt 1fl cet; fep, ocu1' t;ap.5w'O 'Ol1Èe1>, ocu1' mp 5 ab 
ua'O, act; f05mt '00 'Oeflam p.1r 'Oap a ceflfl; a comap.'Ou'5 a 'Õ 
cen fPlt;m511> r1fl. 


r1- z.cR ", ;
?, 


11' an'O am 1fl comteca-D a 'Oa mn'Ot1se1> m511> 1fl m5 1 1> 
1fl t;afl fla p01be bercna et;up.pu pia cup 1fl cma; flO ce po 
c. !H5. bl, po cUIp.1'et; '01b he 111 uwp. copa 1fl cat;a. [UUlP.] 1'cmpl'O 
cat; cmp'Oe, ocu1' flOCO rC01p.el1l1 berCl1a. Cat; '00 mU1fl 
c. 9,1:5. Á
 bercna [f111], ocu1' '{)ama '00 mU111 fle1mbercna po bo 1'tan. 
'f C, /7b., 


1 It was violated. For Z:;up.bp.o. This is the reading of the MS., and in some 
parts of H. 3.18. Dr. O'Donovan in his transcript added a final '0, as the word 
is SO written in the IllS. a few linca furthcr on. 
t .1djllsted withollt rep/',sal, i.c. there is no rcstitution necessary in this case, the 



THE nOOK OF AICILL. 


217 


w kill, is when there was not a 'bescna '-contract between THE BOOK 
him and the opposite party;a or when, though there was, AI
7LI.. 
it was violated l by the opposite party.a 
The case in which to kill one's own foeman, is the same aIr. The 
as to kill one whom it is unlawful to kill,Þ in the person of people out- 
one whom it is unlawful to kill,Þis when there was a 'bescna'- 
.InßO- 
contract between them, and it was his own party" that violated cent. 
. eIr. The 
zt ptopk 
If there was not a 'bescna' -contract between them, there tcithill. 
shall be exemption O1b accOlmt uf such trespasses as they 
may commit before giving battle, and after giving battle, and 
during the battle itself. 
If there was a' bescna '-compact between them, there shall 
be an adjustmel't, with æpåsal or without repåsal, between 
the trespa.'3ses wllich were committeJ before giving battle and 
after giving battle; and the1'e shall be exemption on account 
of the trespasses committed during the battle it:;elf, for battle 
always dissolves 'cairde'-regulations, and does not dissolve 
, bescna' -contracts. 
The case in which adjustment with reprisal is made is 
when one man commits trespass, and does not offer to submit 
to law, and trespass was committed against him in the case; 
and the latter is exempt as far as one-third of c01npensation. 
The case in which adjustment without reprisal is made 
is when one man commits trespass on anotluw, and offers to 
submit to law, and he (the other ptwty) did not accept the 
oßèr, but committed trespass against him in return; this is 
to be adjusted without reprisaU 
The case in which two illegalities counterbalance each 
other is when there had not been a 'bescna' -contract be- 
tween them (the two pcwties) before giving battle; or though 
there had been, they laid it aside at the time they gave 
battle. For battle always dissolves' cairde'-regulations, but 
does not dissolve 'bescna'-contracts. This was a battle after a 
, bescna' -contract, and if it had been subsequent to a state of 
non-' bescna'-contract (i.e. enmity) there would be exemption. 


aggression and offer to submit to law on tbe one side being considered as balanced 
by the refusal of the offer of law and the trespass committed in return on the other. 



218 


tebap. IT,cte. 


THE BOOK [stan 'DO a fefl nembercna 'Do;Sflef'Do maflbaLl, no CO 'DI 
AI

LL. fle 'Db;se'D, ocuf wp. nacL:mn fle 'Db;se'D, CO flO1b befcna a- 
c. 944- a nd L:aflflU, no CO Cen'D 'Decmm'D a1
 a hmL:hte. 
945. 


leL: pacTl '1' 1n tUCL: lW maflba"O 1na fllCL: amtl15, co 
d"coemacnn a far
:;m;si:1; ocur manafult coemacL:mn a far- 
L:m
l, 'rtal1 ulte. 


8ta11 "00 111 fep. flo bm 111a a'Dw;s "00 maflba"O nf, ocu1' 
1ftan 'DO a maflbaLl fuar; ocuf '1' tall "00 ;S1"O E1attm;seCL:, 
C1"O Llwfle, CI"O clm1"OeCL: "00 bep.a fmfl. 


10 ma'D flo t:: e ra ' fl;S a fefl comc<rcha bU'De111, ocur '1' fOflflo 
flo mebmLl, ocuf CI11L1L:1 co maflbpLllf III tuct:: ette, If C01flP- 
'Dlfle com tall Llafl a elrfe. 


maLlfa cUI1"Ot::abmflt:: co l1a mmflbp"OIf, '1' tei; C01flp'D1fle. 
fllar a C111'DL:1 co na mmflbpLllr, 110CO nrU1t nac n1. 


'f:J./?o, 18} 37û,:t, 


15'''Du111e fluC telf flf 111 t::a11m no 111 L:eL:ach a hmL:lnn In 
flfl bUl1a1lJ, 'r tal1 , umfl '1' ammt 0111 
 111 bmte I napaLl, 
umfl1r ammt oíl1 1 n111a'D e1pltt::l1eãK] _______________ 


1 300 . ,
 


Se01L: a paUm5 comcai:a bOLlE111, ocur Ofl110rOm 11 0 
meba1lJ, OCUf C111L1L:1 combefl'Dmr 111 tUCL: mte, ocur a 11L1111'I 

cU11e. mara CUI1I1L:abmflt:: 1f a let; 'DIlp ; mara CII1L1L:1 co 
l1a befl'Dmr, [110CO nU1t nadl ní], 1fe01t:: ,mlua1lJ, ocuf noco 
t::e1t:: 'Dafl CU1n"Õ mbw5 na cfl1che. 


C.946. 


= 1VIi t1'\l 


"CflWI1 'ra l1 a1L:hl1e naenua1fle, afl cul 111 cai;a, OCt1f 
C1n"Ot::1 comb[efl]Llaír 111 lUCL: wle; mara cunnL:abmrt:: 
l.f're ' p"O; mar clÌ1nn co na berLlwr, 1n t::a111mrmn'DI ;sebu1
 
111 la fIn 
o
 blo;S LIon 10 fIn '1'111 blwLlmn, corab e III 
1 The ler'ying øhare of the ürritOJ-y.-This seems to imply that the territory 
wherein a battle was fought was entitled to levy or claim a share of the goods 
left behind OD the battle-field, in certain circumstances. 



THE BOOK OF AICILL. 


219 


There is always exemption for him (the combatant) in THE BOOK 
killing the man with whom he has not a 'bescna' -contract, AI

.I. 
until he submits to law, and after his submitting to law, 
until a 'bescna' -contract is made between them, or for ten 
days after. 
There is half fine for the people killed m the \..hu,liWLe r 

 outside, if they could have been taken prisoners; 
but if they could not have been taken lJ1'isoners, there is 
complete exemption. 
He (the combotant) is exempt from, liability for the killing 
of a man who was opposed to him below (on the battlÆ3-field) ; 
and he is exempt for killing him above (out of the battle-field); 
and he is exempt whether he brings him into hostageship, or 
bondage, or imprisonment. 
If he (the combatant) has saved his own fellow-combatant, 
and they (his own party) were defeated, and it was certain 
that the other party would have killed him, there is full 
body-price for him. 
If it were doubtful that they would have killed him, there 
is half body-price for hirn. If it were certain that they 
would not have killed him, there is nothing for him. 
A person who brought the weapons or the clothes of 
another down (to the battle-jìeld),with the owner's knowledge, 
is exempt, for it is as a loan ; when he is forffldden; ftf'1--is 1Wt r V 
,
_) 
pt,Jor it is as a loan in a dangerous place. 
A man is entitled to take from, the battle-field the 'seds' 
of his own fellow-combatants, when they were defeated, and 
it WM certain. the e
emya woul<
 h
N
 taken the
n. If it were aIr. The 
doubtful he IS entitled to half; If It be certam that they other 
would not have taken them" he is entitled to nothing, they people. 
are articles of carriage, and do not go beyond the levying 
share of the territory.l 
The?e is one-third of its value due to a man for tal.,-ing 
charge of pmperty for one hour, at the rere of the army, 
when it is certain the other party (the enemy) would have 
taken it; if it be doubtful, it (the payment he is entitled to) is 
one-sixth; if it be certain they would not have taken it, 
the proportion which that day or the part of that day bears 



cf,11-lf1.8 


ct "f. 1$"5- ,
 


fY. ,ç
 10 


2
O 


teLup. U1cte. 


THE BOOK t;a1nmllwn'01 1'111 '00 'Oech[m]w-5 1n t;1'e01t; bel' ((}1,((n wdme 
OF 
Au.n.I.. n((enUwpe. 
C1-5 fo'Oepa co fU1t t;pWn ap a nWt;hne reo ocu1' co na 
put ac'G 'Oechma-5 '1' na wt;hmu mte 1 1r e fat fo'Oepa, ap 
- a wcbmte. 
C1'O fo'Oepa 0 pab wcbmt h1 cen a '01t1'1 mte? 11' e fat 
fo'Oepa, 'OWt71 a 111'OL1;S1'5 mp u1t;hne '00 ;sabwt ocur re up 
cut 1n cm;a. 


Cm fo'Oepa m<pab 1n'OL1;se'O '00 1n md1f1e '00 ;sabwt n1 
/0 '00 bpe1t 'Oo? 11' e fat fo'Oepa, '00 pwc'G te11' a het1'L1n'O 111 
1mU h,: ump na hmt;hne mtmt;ep 'Oon 'OU111e 111 e11't111'O, 
o '00 p1a te11' co 1mU, at;a t;pwn '00 ap a come'G; 111 mt;hne 
mtmt;ep '00 'Omne 1 mmU, ce '00 bepa a h,mU co he1rl1n'O 
h1, noco nU1t ac'G a 'Oechma"Ò '00 ap a C01met;. 


I bta rufw att;h. 
.1. stan a mbtu1'enn 111 t;rU1rt; 1f1n wt;h. 


ma nec t;e1r fU1te, W-G;s111 1 naer com;smmpm'O ma'O 
<<5a1'Ò; ma t;aeb fP1 t;aeb, '1' t;pwn nmt;h;S1na. 


ma 'Oa c1n'O foce1P'O 1n t;i'U1
t '1' Wt;h;S1n1na cet; rce111m, 
1 ocur tet '0111e ta Wdl;S111 '1"n rC61nm t;anmrn, tan '01pe 
'1' 1n t;pe}' rce111m, ocur, tW51-5 wL fOP naermb, 1'0. 


stan a n'Oenann 1n t;rU11't; fP1 cae co'Onach '00 C1, ocuf' 
mt;h;S111 a pubu ocur a neco'Onac, ocur a naer cot;att;a, 
ocur 1n cac <<en na fmcenn; ocur;'Lm51-5 mL fOP naerwb,J) 
',,,n focaL 1'0. 


.1. stan 'Oon t;1 1mpe1' 1n t;fU1rt; '1' 1n wf, act; mb t;apPf11a 
'00 fuapcapt;up enech 1 nmnec, act; mb t;ap111'na 1n'011;St;ec 
1 The old role. t,.anscend.! the new knowledge.-A quotation from some old law- 
tract. In C. 18G8, there occura a fragment beginning with" t.alEI'D mL 
of1. 
l1aermb," which is thus glos8ed, "the' ail.' that is the rock of the I Senchus ?lor' 
transcends the new knowledge, the false commentaries." 



THE BOOK OF AICILL. 



21 


to a year, is the proportion of a tenth of the t seds' that is to THX BOOK 
be paid him for the charge of them fm. one nour. AI

Lt.. 
What is the reason that there is one-third payable for this 
charge and that there is but one-tenth for the other charges? 
The reason is, because of its dangerous nature. 
What is the I'eason that as it (the charge) was dangerous, 
it (the property) is not all forfeited to the keepe1'? The 
reason is, to punish him for his illegality in having taken 
a charge while at the rere of the army. 
'What is the reason that when it is unlawful for him to 
take the charge he gets anything? The reason is this, he 
brought it (the p1.ope'l"ty) from a place of insecurity to one of 
security; and when a person has brought a charge intrusted 
to him in a place of insecurity to one of security, he is 
entitled to one-third for guarding it; when &. person has 
brought a charge intrusted to him in a place of security, from 
that place of security to a place of insecurity, he is entitled 
to only oIìe-tenth for guarding it. 
The e
emption in 
ase of injury by a flail in a kiln. 
That is, there is exemption for that which the flail breaks 
in the kiln. 
If a person comes under it, there is compensation for in- 
jury to fellow-labourers if they are face to face; if side by 
side, it (the fine) is one-third of compensation. 
If it is off it!> head the flail flew, there is compensation for 
the first slipping, and half' dire'-fÌne with compensation for 
the second slipping, and full' dire'-fine with cornpens(Ltion 
for the third slipping; and thiS is a case of "the old rule 
transcends tbe new knowledge.''' 
There is exemption for what injury soeve1' the flail does 
to every sensible adult wh o has his sight, and the1.e is com- 1Nk t{ 
 Þ+ 
pensation due forinju1.Y to animals and non-sensible persons, 
and to such as are asleep, and to every one who has not 
sight; and" the old rule transcends the new knowledge" is 
the rule. here. 
That is, the person who wields the flPLil in the kiln is 
exempt, provided he does not cross-strike the person thresh- 
ing face to face opposite him, cmcl provided each of them does 


air. !Cord. 


14, 

 
 


(t 
... 
c '
-2t 



222 


Lebap. mete. 


THE BOOK 'Lumpeer cae 'mb mËr5 pe mËr5 1f1 flP mle, ua;p mm:> e
 
OF , l 
AICILL. on, noco Tan. 
Slmnn erpmË oeur e'LapbmË '00 ce'L rCelnm na r U1 r'Le, 
cen f1r e'Lallmr; 'Lpwn nm'LhE1f1a 1 naer comSt11mpm;), 1f1 
6"cae 'Lopbac, cw no connmc cen co facmË, oeuf 1f1 cae pob 
na facmE; ocur ma'L conn<<1c na pubu, '1' a1'LhE1f1. 


mar e 1f1 reelnm 'Lanmr'Ll '00 cul oeuf '00 tmb, 110 In 
ce'L rCe1f1m '00 let 'Oa aËm;), '1' amU1l1n'Oe1'i7b1pe 'Lopba 1m 
tet m'LhE1f1 1 nefpaeh oeuf 1 ne'Lapbach; m'Lhð1 n a mpbac 
loce '00 connme cen co facmË; let; 'Olpe la m'LhE1f1 a pubu co 
nmer'n na rob, oeur mana acmE, '1' m'LhEln. 


mar e 1f1 'Lperee111m '00 cul oeur '00 tmb,110 In 'Oar a 
r ee1f1m '00 let; 'Oa aEm;), ee'LhrU1me 'Olre la m'LhEln 1 ner- 
baeh oeuf 1 ne'Lapbaeh, C1U nar connme cln co faemË; lan 
.' 'Olpe la m'LhEln a pubu co nmer'n na pob, oeur mana acmË, 
'1' let; 'Olre ta <<1'LhE11l. 


mar e1f1 ee'LhpamaTI reelnm '00 cul ocur'Oo t;mb,no 'Lpef 
r Celn m '00 let; '00 mE1'l), let; '01 pI la m'LhEln 1 nel'paeh oeur 
1 ne'Lapbac, lan '01116 la m'LhE1ß a 'Lopbaë, po r1aC'L lan 
7Dcena a pubu. 


11' cU'Lpuma lf1n mpbac '00 cul oeur '00 tmb, ocuf '1"11 
fep comE1l1ma '00 èul oeuf '00 tmb. 11' cU'Lpuma lf1n f6P 
comEt11ma 'Oa mËI;) oeur '1'1f1 'Lopbaë 'Oa aE1'l), 


1n 'Lefpaè 'rlan '00 cul oeur '00 tmb, a'La let; md1E1ß 

-,mln fOP a mËI;). 1n 'Lerpach a fU1l1edl m'LhE1f1 '00 ëul 
oeur '00 t;mb, a'La m'Lhì::;ln eomlan an'O fOP a mËITI. 



THE BOOK OF AICILL. 




3 


not unlawfully cross-strike the other man face to face oppo- TilE BOOK 
OF 
site him, for if it be so, he is not exempt. AiCILL. 
The1'e is exemption for injllry to idlers and unprofitable 
workers in the first slipping of the flail, without knowledge 
of defect; one-third of compensation for inju1'V to fellow- 
labourers and all profitable workers, whether he (the tln-esher) 
saw them or not, and for every animal wIDch he did not see; 
and if he saw the animals, there is compensation fOl. injnry 
to them. 
Should it be the second slipping of the fla il backwards and 
sideways, or the first slipping a.<;ide forward, it is like a case of 
Ull1leceMaIy profit as regards half compensation for injury 
to idlers and unprofitable workers; compensation is the fine 
for injury to profitable workers whether he (the thl'eshe?') 
saw or did not see them: half' dire'-fine with compensation 
for inju?'Y to animals, if he saw the animal<>, and if he did 
not see them, it (the fine) is compensation. 
Should it be the third slipping backwards and sideways, or 
the second slipping aside forward, the?'e is one-fourth dire'- 
fine with compensation for i11jU?'y to idlt:rs and unprofit- 
able workers, whether he (the th?'Cshe?') saw them or not; 
full 'dire'-fine with compensation for inju?'y to animals, if 
he saw the animals, and if he did not see them, it (the fine) 
is half' dire' -fine with compensation. 
Sl10uld it be the fourth slipping backwa
'ds and sideways, 
or the third slipping aside forward, there is half' dire' -fine with 
compensation for 'Í?zjnring idlers and unprofitable workers, 
full 'dire'-fine with compensation for i1zjU1'ing profitable 
workers, full 'dire'-fine is incurred forinju?'Ïng animals also. 
There is the same fine for injuring the profitable worker 
and the fellow-worker 'when the flail slipped backward and 
sideways. It is the same fine for i?zj'll?'Ïng the fellow-worker 
and the profitable worker when the flail slipped forward. 
Thel.e is exemption for inj'nring the idler 'when st?"nck 
backwards and sideways, there is half compensation for in- 
juring him when struck forward. The idler for whom there 
is paill half compensation when struck backwards and side- 
ways, has full compensation 'luhen st1'uck forward, 



224 


Lebap, a1cte. 


THE BOOK 
OF 
AICILL. 


Cub:;upt::am OCur t::aebt::upt::wl> wt::hfebt::ap ann 111 wt:, 
ocur noco nmt;fe5t::ap ((ct:: wErt; nama a cepl>c((. 


bta cp,atì"O ctH
a1m, (lë
 ap,foEp,a p,1am. 


.1. stan l>on t::1 benur 111 cpanl> l>a t::UIt::1m, .1. act:: co 
.í11l>epna upfocpa pmme pwm. 1rel> l>te5uP uprocpa l>0 COl>- 
nacwb, UprC((pt:;((l) pop ocur eCCOl>11aC, l>UrC((i) ((er(( co- 
t::att::a, bU1l>lp ocur 'Owtt l>Uprcapt::al>, co fir a nl>mtte 
ocur (( m bumpe. 


mal>O p15ne l>tI5el> nuprCapt;a ocur 0 upfocpa,l'twnt::1 
loerPwE ocur et::apbw5, ocur t::1((ct::mn 0 tet; l>lpe co t::pwn 
t1mt:: h 5 1t1a . 


muna l>epna l>t15el> upfocpa na UprC((pt;a, '1' amult 
111l>elt;blpe t::opba 1m tet; att::h5111 1 t1erp((ch ocur 1 net::ap- 
bach; mdrSln a t::opbac, tet; l>lpe ta Wt::h51n a pubu co 
.Ct1mCr,n na pob, ocur mana acmE, 11' t::pwn 1r'n pob, ocur 
md151n 'r'n t::opbac. Ocur 11' e r'n 1n l)((pa 111((l) 1r'n bepta 
11' mo 1r'n t::opb((c na 11'1n pob; ump l>te5((P l>6 upfocpa 
l>0 cOl>lwcwb Cln co fmcea Wt::, ocur noca 'Ote5((P 'Oe 
UprC((t1t::((l) 1n pU1b na facwE, uwp noco nupmtenn l>L15el> 
1- alp ctal'Oll>a na mUlne'Oa l>WP((1'O 'Oon pob ne( f((cmË. 


ma po bm:;((t1 (qu(en ac t::erCal> 111 cpalnl>, ((et:: ma po fer 
1n t::1 'Olb po fO];tmE, 1C((i) In t::pwn ; mawe fer 1t::lp, ICal> 
r61rel> nalt::h51na 0 cect::apl>e. 


1 The · Berla '-law that is thc old law of the Feini, or 8S it is often calIed, the 
· Feinech:ls.' 



THE nOOK OF AICILL. 


22
 


Rack striking and side st rikip g are taken into considera- THE BOOK: 
- OF 
tion in the kiln, but front striking only is taken into con- AICILL. 
sideration in the forge. 
The exemptionfroln liability of the man u'ho fells 
a tree jòr injw.y done by it in its fall, but 
o as warn- 
 -ív- 
 
ing is..givon before. 
That is, the person who fells the tree is exempt from lia- 
hility fm. i11JU7'Y clone by its fall, i.e. but so as he first gave 
warning of it (the felling). It is required by law to warn 
r.ensible adults, to turn away animals and non-sensible per- 
i'!ons, to arouse such as sleep, and to remove deaf and blind 
persons, if their deafness or blindness is known. 
If he has observed the law of thus removing and warning, 
he is exempt from fine for injury to idlers and unprofitable 
workers, and, in the cat;e vf vthe1's, it (tlte fine) is reduced 
from half' dire'-fine to one-third of compensation. 
If the law as to. warning and removing has not been ob- aIr OJ: 
served, it is like a case of unnecessary prefiÞ as regards half 
compensation due for injuring idlers and unprofitable 
workf'ri': compensation ,is due to profitable workers if ill- 
jU7'ed, half' dire '-fine with compensation is due for inju't-ing 
animals if the animals were seen, and one-third for illju't.Y to 
the animals if he did not see them, and compensation is the 
fine fOl' inj U't'y to profitable workers. And this is tbe-seooftd -, ofr H.. 2- þ./.r 
iÐ
htlce in the' Berla'-law' where there is a greater fine for 
injury to profitable workers than for injuTY to animals; 
for he (tlw felle1') is bound to give notice to sensible adults, 
though he may not have seen them, and he is not bound to 
remove the animal which he has not seen, for the law does 
not require him to search" ditches and brakes for the animal 
which he did not see. 
If they (t'Wo men) were felling the tree together, and if 
it be known which of them did the injury, let him 
vlw did 


the injllry pa
one-third of compensation; should he not 
be known, let one-sixth of compensation be paid by each of 
them. 


I To .earch.-For "lhuTtal'n" of the 
IS. Dr. O'Donovan's conjectural reading 
i> "'no pp.e'n." The meaning is howe\"er thc same, whichever reawng be correct. 
VOL. III. Q 



Tm: BooK 
OF 
AICILL. 



 


ct T ,n.?,1 


226 


Lebar. a1cte. 


tn a tmpmc te1r 1n 'Oapa fep a emt:; 'Oon epunn '00 -r; e rc a -5, 
oCU1' ni t:;a1Jl1l1C le1r 111 fep. mle, rlan 'Oon pp.le1r1 t:;mpmc, 
ocu1' 1ca"O 1n fep. tell' na t:;wpmc 1n t:;p.1an a oenup. 


Cm me1111C t:;11'm:; na p.mb no na ecco"OnmË, 1r ea 'Ö 'Ote'Sap. 
ó"Oe a nup.focp.a ua'O(( caë l1ump.e. tna '00 p1[f;]ne 1n CSt:; 
up.rcapt:;a'Ö, OCU1' po bm 111a mnnn pe p1r1 t:;mp.1'e"O "Oe 1n 
t:;urrcap.t;Lt'O "00 "Oenam, OCU1' 111 "Oepna, 11' 1
lal1n "Oe ocu1' 
na 'Of3pna"O 1n ce'G up.1'cap.t:;a'Ö, 1m a bet ammt 111"Oe1i;b1p.e 
t:;opba. 


10 11'e"O 'Ote'Sup. upfOcp.a 1n cp.mn"O 1n ce1n po r 1a 'Sui; flP 
1n t:;erCdla, ocur up.1'cap.t:;ai'> 111 coma"O po pa a bapp. 


11' P.1U 5abur 
p.e1m upfocp.a ocur uprcap.t:;a"O, 'Omne po 
bar-up. ap. mp."O {n:::lJwp. 'Sabala 111 'S1l1mp.mi'>, o ctJ l" l lO fet:;up. 
I 
 
cuma "00 bllml1 1n cp.ml1'O "0(( bllçm. 11' p1U m;u nac 'Subal1'O 
,ó'Sp.elm ul1focp.u l1a Uprcap'L(l"O, .omne na pa ba'Lap riP. mp'O 
1n ump Ea[bu]la In 'S1l1mp.am, OCU1' noco net:;ap. coma"O '00 
bumn 111 cp.mn"O 'Oa bun. 
bla rt1ren r aí ll.f1. 
.1. Slun a l1"OÉI1U1I'O 111 t:1't1pn fl'1 caë cc'Onae '00 ë1; ocuT. 
. L mr.h'S11l a 11Ubll, ocur (( necco"Ol1uën, ocn]' 1 nner COLC(l'La, 
ocur In cue aen na rmcenn; (jcu1'
lm
1i'> ml rop. 11oer((1b; 111 
focal 1'0, .1. 1'lan "Oon t:;1 benar 111 t;J'l11'en ap. "O U1 'Sln t:;r 01 11p. 



? 
ach
 1l1b q1.e helE na1 r. 
.1. ((ct:; nap.ao r
o!: l'!,1\
r no 'S1l19Cl1'Ser pl1i:1b, amtt1t '1)0 
J;,1l1t 'Soban ruep, 110 1115111 Fobml1 t:;l'mp.; 1n "Omne ba hml 
teo 
ama1' 11'1n n
 "Oon t:;1'll]'1n 11' e p.o 011llpt; 1 r. t1mp. ma'O 
6'1'1 on, noco 1'tan. 


staU\L1 erbmE ocur et:;ap.bm5 '00 cet:; rCe1nm na r t1 r en ; 


1 Goban Saf,.. -A ce1ebrllted 
arpenter who 1ind in tÍIq sixth century. There 
are many legends connected with him .till current in Ireland. 



THE BOOK OF .-\ICILL. 
27 

 
If i b- happened -t.ø one man of thrm, tQ. finish 1he cutting of THE BOOK 
his part of the tree, and iLdid not happf'n t,l) the other maI3, AI
:"L. 
 
- 
the, man 1!Q who
 it happen ed is exempt in case of an 

 CJ 
accident, and the other man who did not happen 
 finish 
pays the one-third of compensation himself. 
However often the animals or non-sensible persons come, 
he (the wood-cutte7.) is bound to warn them away from him 
each time. If he turned them away the first time, Yl't if he 
were aware of theÏ1' having 7.etu7'ned, in sufficient time to 
have again turned them away, but did not do so, it is the 
same to him as if he had not turned them, away at first, so 
that it is like a case of unnecessary prDfit. 
The 
elling t hll,J ree is bound by law to give warning 
of it (tlte/t,zling) as far as his voice could reach, and cause 
removal ofbeasts,erc. as far as its (the tree's) top would extend. 
'Warning and rEm:>val take effect as regnrd'5 persons who 
were present when the work was undertaken, and such as 
knew that the tree was to have been cut down. They regard- 
ing whom warning and removal take no effect, are persons 
who were not present when the work was taken in hand, and 
who did not know that the tree was to have been cut down. 
The exemption in case of a chip in carpentry. 
That is, there is exemptionf1'0111 fi71e for i71ju7'ieswhich the 
chip inflicts on cvery Eensible adult who has his sight;k and .Ir.S.... 
the7'e is compensation for i7ljU1'y to animals, and non-sensible 
persons, and persons v:1w 71WY be asleep, and aU who have 
not their sight; and .. the old rule transcends the new 
knowledge" is tbe rule b in thiS' case, i.e., the man WllO' Ir. Word, 
knocks off the chip for the purposes of carpentry is exempt 
from, liability. 
But so as it (the illJur,lf) is not done through malice. 
That is, so as he does not guide them in a ce1'tail1, di7'ec- 
tion, as the Goban Saer,' or the daughter of the Goban Saer 
used to do; f07' they used to hit with the chip the person 
whom they wished to aim at in the house. For if this be 
the case, he (tlte Fenoon doing so) is not exempt. 
Tltej.e is exemption for injw.y to idlers and unprofitable 
workers, for the first slipping of the chip; there is one-third 

L
 Q2 



"II V 
l- *IÇ
./
, O'ßqb1 



 IÇ
' rv- 
ct... 


228 


tebatt ((tete. 


TnE BOOK t:;plUll l1a1dlE1tW 1 l1aer COmEt11mpm'O, 1n cach 'topbac,ocur 
OF 
AICILI. 1n øach pob, cen fIr cen mcr ,n . 
c, 
tTlar a mCr1U co fmlect:;u PIUCt:;U co coemaèt:;u ImEabala, 
te
 mt:;hEln 1 nerbach OCur 1 net:;apbach, att:; h 5 1n a t:opbac 
S ocur a pubu ; ocur noco t:;élt:; In bla fem 1:>ap att:h'1'In ap a 
nemmcbe11e. 


bta nU1'Dteeh 11Ur, aët:: b1'D 0 t1ar
no wp,be a'Dp, 1a r m l1' 
a taeË. 


bLa nUI'I)Lech nul" .1. l' Lan '1)0 nU1'1)LI5 111 0:11\1'C elLL51'Cef1. 0: nul' 1110: 
10 f11l1b no no: m'l)lb. O:c'C bl'1) 0 Llaf' no o:1f1.be 0:'I)f1.10:f'C0:f1. 0: Lues, 
.1. o:é'C, b1'1) 0 Llo:fto:LL. no o:1f1.be o:mO:lch, 0:1f1.5e'C0:f1. 0: Lo:es. 


"'O e1 r ml peèt:; t'1n ap na hml1b 1tW1:> 111a rlan 1:>
Ip apmË 
upach '00 1:>enam :-C1 be ma1:> 1111e 1 n1:>cplW fep al lOl i; 
apach, 0 bur ap 1:>mÈ11I mat:;hura pe fep mbunm1:> 1:>0 1:>ena 
,srep apmË apach, 'rlan 1:>0; -ocur le
 pac 1'0 bl
blnche fOP 
bOln, ocur mepaèt:; a nUl1:>lecmr 1:>0 rcup In lei:e mle 1:>1. 


manab al11:>wE,n 1llad1l1r a 1 1e fep mbunm1:> 1:>0 t 11 5 ne 

ep apmË a apach, pach 1'0 mcnei) U fata 1' 0 1 1 fep apmE; 
ocur le
 flUC 1'0 bl
blnce fOIl bOln, ocur mepact: a n\111:>le- 
!U)ëmr 1:>0 rcup 111 le
e mle 1:>1. 


Slan 1:>1 In t:;erbach a 1mt:;hp1tl1:> ce bet fl 1 1'{;m5 1Ü cen co 
be, ocur 111 t:;el'bac co l' pI i:mE11:>, fOP ap 1111:>1'((15 amach; 
cet:;hp\11me um
1 '1'111 erpach cen fPIi:m511:>, no 'r m mpbac 
co fT1.I
((1ËIi), Cl1:> t:;uU Cl1:> amUtch; le
 fwc11 umi:e 'r 'n 

5't:opbac cen fPli:mÈlü, Cl1:> 
aU Cl1:> amUtc. 111 celn bel' 
mepact:; a TlUt1:>lecmr U111Pl pn ; ocur 0 pacar 1:>1, let pac 
umt;, 1f1n erpach, ocur lUll pac 'r'n t:;opbac, cé bel
 cell 
co be. [
J 



THE BOOK OF AICILL. 



29 


of compensation f01" injury to fellow-labourers, to every pro- THB n""J( 
fitable worker, and to all animals, if not known to be present, Al
;LL 
0)' not seen. 
If they were seen, and if its (the chip's) reaching them may 
have been expected and could have been avoided, there is 
half compensation for injuj'Y to idlers and unprofitable 
workers, compensation for injUl.Y to profitable workers and 
animals; and the exemption itself does not go beyond com- 
pensation on account of its non-dangerousness. 
The exemption in case of a milch cow during h8r 
first milk, provided it be in a house, or in a pen hf'r 
calf is tied. 


The exemption in case of & milch cow during her tirlt milk. i.e. 
the milch cow is exempt while her first milk remains in her teats or in her udder. 
Provided it he in a house. or iu & pen her calf is tied, i.e. provided it 
be in a hou'Ð within, or in a pen outside, that her calf is tied. 
These are instances of all the cases in which the man who 
ties is exempt in his tying :-in whatever place the man who 
ties the cow performs the tying, if it be with a view to the 
owner's good he did the tying, he is exempt; and there is 
halffine upon the cow for her viciousness, and the encitement 
of her first milk takes the other half off her. 
Should it 110t be with a view to the owner"s good the man 
wbo ties the cOVJ did the tying, a fine according to the nature 
of the case is to be paid by the tyer; and the1.e is half fine 
upon the cow for her ,-iciousness, and the encitement of her 
first milk takes the other half oft her. 
'Yhile in her own place she is .exempt from liability for 
injury tu the idler whether she were provoked or not, and 
for injury to the idler who provoked her, upon wbom she 
charges out; one-fourth fine is upon her for inju,1'Y to the 
idlpr who did not provoke k her, or for inju1'Y to the pro- 
fitable worker who did provoke her, whether inside or out- 
side; half fine is upon her for the profitable worker who did 
not provoke her, whether inside or outside. This is the case 
while the encitement of her first milk is upon bel'; and when 
it gops off her. there is half fine upon her for injU7if/f1 the 
idler, and full finp for Ï1'jll,ing the profitable worker, whether 
she were provoked or not. 


aIr. Witl.- 
out prUlJO- 
cation. 



0'/1 "1.''1 bit 


c;':;:/"'+,_" 


1,
5, \
7 Ll4'I,- ... 


O'

.11f1 


230 


tebap, mete. 


THF BOOK ma p.o b1 111 buaèmU ac re1lle'Õ 1n laèt::c( -ool -oon laeE, 
OF cet::hp.mme ocur eneclcmn um-o; mara -OU1ne n((è bu((chmll, 
AICII.I.. 
'1' fwch re1Ll1'Õ, .1. cet::hp.amchu ; OCU!' 1}' ann pn a-e(( m-eh- 
E'n 0 1'ellach co t::ap.p.aë-ealll pp. Lmme. 


s mar a1' 1n ut::h t::alla'Õ 1n Laë-e,1r cedlp.am-oa octtrel1e- 
clann ; mar ar 1n le1't::up., '1' -owbla-o ocu1' el1eclal1n. 


Cm fO"Oep.a cona mo 111a 5((1'(; ((I' tn \lr 111a ar 111 ler nl p, 
oCllr cona-o mo 'r nerum he 'r 111 ler'Cup.? 1r e fC('è fo-oep((, 
b,'èl1'l1ë, ocur mcbetle le1r 111 nU5-oap. U Eent:: ar 111 l1u'è 111a 
",ar 111 lert::up., mo b1r 1 c01m1-eecht:: 1'e01t:: cet::hp(lm-oa he 
'r 111 l1ut::h na '1' 111 LeI't::up.. 


ma po b11n buachmU ((c re1lle-o 5m'C1 11a bo -00 bp.e1t::h 
'Oon Ea'Cw'Õe, cet::h!'wmt::ha tla-o oCIlI' el1eclann. m((ra 
'Ol1111e naè buachmll, 'r paè re11l1'Õ n((m(( ua-o; mt::h5111 0 
lSurp.(('Õ tna fmll,11lC0111le'C(( 1111 b01n, (( t::P.1 Cl11C1-O a -oeop.m'Õ, 
'Oa ctJ1ce-o a mupèmp'èe, CU1ce-o a -oaep. a1'Ch5111 0 uppa'Õ 
1na fmll,mc01met::a 1111 ech, Leopa cét::hp.a11l'Cha 0 -oeopm'Ò, 
le'è ocur I'eè-ema-o 0 mupcm}lie, let 0 -oaep.. Ocur -oon -oaep 
l}t1T)etl1 po hmt::h1lt-o l1a re01t:: al1t) r'11, 1 necmmT' a t::15epl1a, 
:LC'ocur 'Oama-o a f1((-o1W1re a t::15epna, p.o ba-o 1nal1-O oeur 110 
mt;11ltea -0011 t::15epna bu-oe111 


CC1t::h5111 Ó up.pa'Õ 111a fmll 1mcome"Ca 1m -oU111e,oclII' 
ce'Chp.l11me reèt::ma'Õ ó -oeopm'Õ, -oa rect::11w1'Õ OCU1' 111 cet::h- 
p.ama'Õ p.al1n 'Oec 0 m up.cmp.te, reë'Cma-o 0 -oaep.. 




 bta mp,b oet1f p.el'Che/('Oar1.mtla. 


[
1
 
 



THE BOOK OF AICILL. 


231 


If t
le h3rdRml,n was looking on at the drinking of the THE BOOK 
milk by the calf, one-fourth of compensation and bonor-price AI

LL; 
w'e to b'3 p:J.Ùl by him; if he (the looket"-on) be a perRon not 
the herdsman, it is a fine for looking on that is due, i.e. one- 
fourth of compensJ,tion; and this is a case in which com- 
p3ns3.tion is required from the looker-on un-til the person tItnyIv 
actually in fault k is found. kIr. ."an 
of the hand. 
If it be from the udder the milk was taken, it (the fine) 
is one-fourth of compensation and honor-price: if out of the 
vessel, it is double compensation and honor-price. 
What is the reason that there is a greater fine for stealing 
it from the udder than out of the vessel, when it is a...greater 
nece
ience in the vessel? The reason is, the 
author of the bw deemed it more wicked and a greater crime 
to steal it from the udder than out of the vessel, because it 


 in the udder in connexion with an animal 
of quadruple restitution, than in the yeRsel. 
If the herdsman was looking on at the stealing of the cow 
by the thief, one-fourth of cO'inpellsation and honor-price a1.e 
due from him. If the perRon looking on be not the herds- 
man, a fine for looking on only is p:tyable by him; compensa- 
tion is due from a native-freeman - for neglecting to guard 
the cow, three-fifths of it are due from a stranger, two-fifths 
from a foreigner, one-fifth from a 'daer' -man. For neglectingto 
guard a horse, there is due from a native-freeman compensa- 
tion, from a stranger three-fourths of it, from a foreigner one- 
half and one-seventh, from a 'daer'-man one-half. And in 
this case it was to the' daer'-man'bimselfthe 'seds' had been 
given in charge, in his ma.<;ter's absence, but if it had been 
in his master's presence, it (the case) would have been the 
same as ifthey (the' Reels') had been given in charge to the 
master himsel( 
For neglecting to guard a person, the1.e is due from a 
native-freeman compensation, from a stranger four-sevenths 
of it, from a foreigner two-seventns and one-fourteenth part. 
aml from a ' dder' -man one-seventh. 


The exemption of bulls and rams in bulling and 
r"m.rmng. 



tfJ:J J t]({. 'Lq 


232 


tebap, mete. 


'fn. BOOK .1. rlan "00 na t::apbwb OCl1r "00 na flelt1b In pé rui:wl1 
OF 
 
AICILL b,t:: ac "Oåll
 na ma1lle. .slan "Oolb In t::erpach a laH::r uT1 "O, 
ce bei: frr
w51'Õ cen co be, OCUl' In t::efp((ch co rr l i: w 51'n 
fora mnnra15 amach; cet::hflami:a l1wdl1b lf1n nefpach 
,,- cen frlt::hw51'Õ [fofla mn'OrW5''O amae], no 'rm t::or baë 
co frlt::hw51'Õ, CI'O t::all cm amU1ch; lei: pac UWt::h,b 'r m 
t::orbac cen frlt::hm51'Õ,561n bel' meract:: 111 "Oara orr o , 
ocuf 0 flachur 'Olb, '1' lei: pach Ir'n erpach, OCur lan pach 
lf1n t::orbach. 


/0 .slan "Oon t::aflt5 cach mIL u11e t::lucfa CU1CI '00 lot:: a "Oar a 
no a 1Il5elt::a Ime, cenmoi:a a t::apb comi:ana bo'Oeln; umr 
ma'O elf61n, '1' lei: pach 0 cåe 'Olb Ina ce11e cen "Owr, ocuf 
ma t::a 'Owr, '1' cet::hrami:a. 


.stan '00 cac mIL co n"Owp OCur cen 'Omr 'Oa mn'01111b 
sbo'Oe1ll, OCur cae mIL co n"Owp "01Ilmll1b ect::afli:ana, "00 TlO 
"OWfl, ocuf"OO po t::lumupco'O, act:: napab t::re blt::blnce; ocur 
ma"O e"O on, '1' lei; pac fO bli;b1llèe wp, OCUf fCU1flm mer- 
o:ët:: a 'Oara lei: "0('. 


L <<v\. rJi", 
111a1'a com 1 n'Ofw 5}.."OO_ t::aflb ect::rann, '1' lan pal: 0 cal: 
jt.D"Olb Ina cel1e, cen 'Owp; OCl1r ma t::a "Owr, '1' lei; pac, ocuf 
,n 'OålP. p.o bat mc' aca i;'5 '1" fcmp.ef lei: "Oe. 


mara tei:ln'Orw5''Õ' rlan 1T1 mIL "00 pIne ,n lei:1Il"Ofw51"O 
"00 map.ba'Õ, OCUf mar e '00 mapb nee, 11' lan pac; cen 'Owr 
f1n ; ocur ma t::a "Omp, '1' lei: pach, OCl1r 1T1 "Owr ro bw WCI 
baca t::1Ë '1'1 fCU1rer lei; "Oe. 


J The bull,-For "ccrytb" the MS. here hu "coyt6," which is the usual mode 
of writing the word lengthened out as "coytbcrë," profitable. The word in the 
text is however reqnired by the context, and was accordingly Inbstituted by Dr. 
O'Donovan in his revieed transcript, 



THE BOOK OF AICTJ.L. 



33 


That is the buH'! and rams are exem p t durincr the proper THE BOOK 
, 0 o
 
season wherein they bull the cattle. They are exempt for AICILL 
illjll1'Y to the idler, while in their own proper place, whet-her 
they were provoked or not, and to the idler who provoked 
them, whom they charge out upon; there is one-fourthjìne 
due by them for injuring the idler who did not provoke 
them, upon whom they charge out, or fi)r injll,1"in[J the profit- 
able worker who did provoke them, whether within or with- 
out; half fine is Ilpon them for injul-in[J the profitable 
worker who did not provoke them, while the eÀcitement of 
the bulling is upon them, and when it has gone off them, there 
is half fine for illjJo'ing the idler, and full fine for inj1l1'illg 
the profitable worker. 
The bulP is exempt for injll,1"ing any other animal that 
may come to interrupt his bulling or his grazing, except a 
bull of his - own herd; for if it is he, there is one-half fine 
upon each of them for the other if it be not the bulling 
season,k and if it be the bulling season, it (thp fine) is one- kJr. With- 

 t l out bull- 
our 1. in!J' 
He (the bull) is exempt for injlo.ing any other animal of 
his own herd, whether it be the bulling season k or not, and 
Kvery animal of another herd in the bulling season, wffldI 
, "he 
d
hich wa.g
 him, provided 
only it was not through wickedness he did the inju1'Y; 
hut if it were, there is half fine for wickedness upon him, 
and the excitement of his bulling takes the othe). half oft' 
him. -t 
Should there be a mutual attaçk bYjstæaRge bulls, there is 
full fine from each of them (the bulls1'for the other, if it be 
not the bulling season ;k but if it be the bulling season, there 
is only half fine, and the bulling which he had with his 
herd b takes the othel' half fine off him (each of them). b Jr. .At 
Should one bull make an attack c on another, there is 



hould 
exemption for killing the animal that made the attack, but 
hc lji re bu
_ 
, . na attac.... 
should he kill tl
, there is full fine fOl. 
t; that u, if it AA1
 
be not the bulling season;k but if it be the bulling season, 
there is but half fine, and the bulling which he had with his 
herd d takes the otlLe/" half off him. 


1 h rr-û-M 'f- 
. 6';ftr - 
W-Jt- C) 


d Jr. .At 
" OTlU! . 



234 


tebart. mete. 


THE Boox mara com1!1'01'WE'Oa mil commm
1 cet:cII1Lach,cel1 'Omp, 
AJ
:
L '01bplJ1Lep cae ceLht'111me 11.a ceL Cl1HI1-D; mal'lL la cai:: ÙpOI1- 
11 at'. Cell 'Omp fill ; OClIr ma La 'Omr, cobfO'Dlat: mart:a, 

 cobrO'Dla1t: c0111i;" ocut' p0111'O ar '00 (111 b1 ocut' 111 ma111b 
of' æ:;uppu). 


mara COm111'Orm
,.Õ m1t b1C OClIt' mlt m01p, aët: mar e 
111 m1l bec t'O mapba-D al1'O, mdl b '11 m1l b1C '01C 'Opp 111 
m1l m01p, oClIr mltpL 111 1111l b1C 'Dr'p, 111 m1l m01p. Cell 
'Omp 1'111 ; Ocur ma La 'OUlp, lei; wdr5111 mlt \:J1C 'Op1' 111 nnt 
ID m01p '01C, tei:: m01pt: 111 m1t b1C '01C 'Op1' 111 mlt m01p. 


mar e 111 m1t mop po marba'Ò al111 bu'Oe111, beo 111 m1L 
b1C 'Dr'p 111 m1l m01p; Ocur 111 Lml1mp01n'D1 t:abur beo 111 
m1t b1C a mbeo 111 m1l m01t' copab e 111 LWl1mt'mn'Ol fill 
'00 mapt: 1TI m1l m01p 'Oec 'Oþ1' 111 mil b1c. Cell '0011' fill ; 
'õocur ma La 'Omp, let; b1 111 m1l b1C 'Opp 111 m1l m01p ; ocuT' 
111 t:ml1mpa111'01 Eabar lei; b1 111 m1l b1C 1 tei; b1111 m1l m01p, 
copab e 111 L01l1mpml1'Oe 1'111 '00 tei; mmpt: 111 m1l m0111 
'Oee'DPp111 m1l b1C. 


c.f; elf 11:1.,. 


a: b01l at:a ce1i;p1 U111E1 1 mmmll t:mpb '01chmmpc oCllr a 

 i;mr ec r-oU01'Õ, roi;a na l1uaral fill; ocur 1loca t:uc 1n p1t; ap 
mt 1 'O,oclIT''Oat:uCa-D, 1rap [CU1C] ta 'OOl1a umrl1b1t:1profa 
ocur prt, [ocur] ap t:p1 la '00 l1a h1rl1b, mp roi;a ocur 11 1 t;; 
ce1t-t 11 ba 111 cet: la '00 l1a u01rl1b, a fodw, ocur bo cae lae 
'DO 110 ce1i::p1 la wle a tl1t;; 'Oa ba 111 ceL la '00 l1a öpa'OO1b 
J The ',,,,ng and the dead.-The words in parentheses in the Irish appear to be 
au addition by a later hand. 
I Five day',-The IllS. E. 3, 5, reads here "cen::llfu, four:' O'D. 762, however, 
has the rellàing in the text, 



THE DOOK OF AICILL. 235 
IJJ. ""

 'f 
Hit beamutual attackoftwo animals of
ess.not THE BOOK 
in the bullin
 season,k and it is their first trespass, one-fourth AI

.L. 
fine is taken off each f"r its being his first trespass; the car- .rr
ith- 
cass íf either be HllJd goes to him wh
lled mttbul/i'g. 
h ' h Th .." . f . b t h b 11 . k b Ir. 1;1,0. 
t e ot e?. IS '/,S tlte case 1 It e no t e u mg season; 
but if it be the bulling season: they (the owneí.s) divide the ;h


 

 
carcass equ'Llly between them, they divide the loss
 and bulling. 
they divide equally between them the living and the dead' 
animal. 
Should it be a mutual attack of a small and a large animal, 
and the small animal is killed. the owner of the large animal 
pays the value of the small animal, and the carcass of the 
small animal goes to the owner of the large animal. This is 
the case if it be not the bulling season;k but if it be the 
bulling season: the owner of the large animal pays half com- 
pensation for the smaIl animal, and half the carcass of the 
small animal goe<; to the owner of the large animal. 
Should it be the large animal itself that was killed, the 
small animal, or one likë it, shall be giæn to the owner oIIr.Lil1ing. 
of the large animal; and the proportion which the living 
small animal bore to the large animal living is the propor- 
tion of the carcass of the large animal that shall go to the 
owner of the small animal. This is the case if it be not the 
bulling season ;k but if it be the bulling season: half the value 
of the small animal living sholl be given to the owner of the 
large animal; anù the proportion which half the value of the 
smaIl animal. living bears to half the value of the large 
animal living, is the proportion óf half the carcass of the 
large animal that shall go to the owner of the small animal. 
Where it is said there is a fine of four ounces and his 
restoration witJt--iuterest, for driving a bull without permis- 
sion, this is in the case of the property of the nobles; and 
he (the aulhoT of the law) did not mention the interest, and 
if he had, it would be at the rate of five da ys 2 to the nobles, 
both property and interest, and at the rate of three days to 
the lower grades, both property and interest; four cows 
the first day to the nobles for property, and a cow each day 
of the other four days fOl' interest; two cows the first day 
to those of the chieftain grade for property. and a cow 


'>? 



O'&v/: lifO/ fA, 


236 


lebap. mete. 


THE Bool( ftat;a a fodw, ba cae tas '0011 '0('( taelb mte a rl1t; bo 111 
AI
:LL eet:ta '00 na Epa'Omb fel11S a fot:ha, oeur rmnmre cae tas 
'0011 'Oa taelb mte a pn::;h. 
o uppa-5 ma pl1; oeur a tet 0 'Oeopm-5, oeur a eet:hptnme 
5'0 mupempte, oeur mt:hE111 Ell1mpm-5 0 'Oaep. Oeur 11WI1'O 
11s wpra pSIt;el1l1 'OO1b t11te, Inp uppa'Õ oeur 'Oeopm1> oeul' 
mupeU1pts oetlr 'Oaep, co 'Oeema'O; oetlr pntte-5 fllr 0 
'Oeehmm-5 amac, co p01b f1aC Emn anl1. Oellr a emn m::a 
rIll, oellr 111 U1t plt:h 1 nUJ1pa'OUr. o
 o.J"to 
 
44 M 7'63 


/0 stan aen telm 1 l1at:;hmb oeur a 1llU1Elb can t:lmoflEU111 ; 
oeur ma t:a nmoPEul11, 11' paeh f01mplme, cae eedlpU1me 
taeE bel' mtflemmt; eet:;hflt11ms ap relre'O 1'111, 110 eedl- 
11U1me U1PflS fel11. Oetlr cae ump 11' eedlpU1me '00 P61fl 
'011511>, eet:hflU1me ap relrS'O hI ml'Orm'OS .1. tet; t:;fll11 bUnm'O 
j al1'Orm-51 mel; cae umpe 11' eedlplnme U1flPS bo'Oel11, eedl- 
11u1ms al1 act:u5a'O hI al1'Orl'Oe, tet t:;}1111 bllnm'O, oetll' eet:h- 
11U1mf' t:p111 nl1e. 


111 a flo aemlE bIt; fO el1n:mb a -r;mpb, oellr cat; eet:;hflU1ms 
taeË; bel' mt:;hpemmt, 11' a bIt '00; munal1 aët:mi;e'Õ, 11' a 
2gnembelt;. 11lunap aet:;m5111 'Oapa 'Oe, oeurpo act:;mi; apmts, 
cae n1 po aët:;mË; 11' a bIt; '00, oelll' In 111 nap act:;mF; 11' a 
nembelt:h. 


'1f\I 
bta faebup. comtms. 
.1. 111 fep et:;pana e01t:;eln'O t:m1l1e [}'lrJ, mar e fepna fIne 

n:rca ap mp'O po f05mt 1111',11' tan paeh ; oeur mar e fep na 
fine na fUlt al1 mp'O, 11' tet; paeh; má 110 fer, 11' t:eopa 
eet:hpUlme umTl, .1. tet; pndl 0 flP na pne at:a ap mp'O 
ml'O, oeur eet:hpU1me [0 pp l1a pns ná fU1t ap mp'O] 
., " 
7Pt:. .1. rtan '00 l1a fepmb blr a eomlmfutanE a f el PEI 


I If it be not knolOn _For "ma 1'0" of the :MS., meaning, "if it be," Dr. 
O'Donovan conjectured .. man J1.0, if it be not," and translated accordÏl:.gly, as the 
sense requires. 
S Between them.-For .. u01t1" of the )IS., Dr. O'Donovan conjectured uata, 
and for "ocur" ".1." as ill the te...t. 
. From tM man ,ohose t,'ibe i. not presellt.-The Iriih for thi!l ".a
 put in f,y Dr 



THE BOOK OF AIClLL. 


237 


each day of the other two days for interest; a cow the first THE Boo& 
day to those of the "feini" grades for property, and a AJ

LL. 
'samhaisc '-heifer each day of the other two days for interest. 
This is thejinefrom a native-freeman; and from a stranger 
thel'e is half of it, and from a foreigner the fourth of it, and 
from a' daer '-person the restitution of the thing itself. And 
the time during which the interest runs is the same for them 
all-native-freeman, stranger, foreigner, and' daer '-person, 
i.e., to ten days; and from ten days out, it (the intenst) shall 
l.e added to until it amounts to the fine for theft. And thi
 
is in' cain '-law. but in . urradhus '-law there is no interest. 
In fords and in plains one leap is free to the 
'oj Me f1uLl 
8&t/', provided .he (
ow) has not been brought 8 the1.e; but if k Ir. With- 
she has been brought, there is a fine f01" it acc01'di n9 to the ?ut b,-ing- 
ang. 
ltl'W of over-working, i.e. the owne1. of the bull gets every fourth 
calf that is sire-like; that is, a fourth in place of a sixth, 
or a fourth for itself. And whenewr it is one-fourth accord- 
ing to law, it is then one-fourth in place of a sixth, i.e., he 
shall then have one half-third of the original; whenever it 
is one-fourth for itself, it is then one-fourth by stipulation, 
one half-third for the original OW1WI. of the bull, and the 
une-fourth of one-third for the OWIWI. of the land. 
If he (the O1V11Æ'I') agreed to be accountable for the tres- 
passes of his bull, and to take evelY fourth calf that shall be 
sire-like, he shall have them; if he did not agree to this, he 
shall not have them. If he did not agree to the one, but 
agreed to the other, he shall have everything he agreed to, 
and he shall not have what he did not agree to. 
The exemption as to an edged weapon in a conflict. 
That is, if it be a man whose tribe is present that injured an 
impartial person who interfered hetwcen them,b there is full blr. Went 
doum. 
tine f01' it; and if a man whose tribe is not present inju1'e;,; 
!tim, there is half fine fo1"Ït; ifit be not known I rl!'hichofthen
 
did the injury, they pay three-fourthsjine between them,2 
i.e., half fine from the man whose tribe is present, and one- 
fourth .fine from the man whose tribe is not present. 3 That 
is, the men who are sustaining their lawful" anaer are" Ir. /I'c- 
o ce8801-Y. 
O'Donovan, but whence taken, cannot be ascertained. It W8i probably a conjec- 
ture to supply the defect in the :lIS. 



238 


tebap. a1cte. 


THE BOOK 'Oe1t;blpl ce ruac1n:;nmÈI'Õ wp.ann raebp.ach cmch '01b t'\6 
OF,. ... ." 
AICII.L ce116; act; arbeprn:; ap.mle con'b111at; rp.1 rep 11 et;apEmpe. 
ma po pw n; u<rnmb. 


1- I

- 111- 


L{' ,qb- 4.f, 


-<< \1
 - 'V 


' 


CC eompac C01t;eenn comapte1ci'e a hmt;1t;en a 'Oa t;umi; 110 
:- 'Oa cenel, rtan '00 cae 'Olb a èe11e '00 mapba'O a p6 'Ol1Et;1E; 
no 1 pe 111'011Et;1E, co 1'11' a 'Ol1E1'O 110 11l'011E1'O accu map aell ; 
no co 1"1' a 11111'01151'0 ac nemC1l1t;ac, ce be cell co b6 a[cj 
c1nt;ach. 


mara PI' ac cll1t;ach, ocur anpr ac nemc1n'c:ach, act; 
o mar 6 111 c11lt;ach po mapba'O an'O, 1rtan; mar 6 11l6mC1n- 
t;ach '00 mapba'O an'O, 11' tall pach. 


ma t;a t;um:;h In 'Oapa pp ap. mp'O ocur 111 U1t Luai; 1n 
pp mte, rlan rep 11a t;l101i'e tilt ap O1p'O '00 mapba'O, ocut' 
mar 6 po mapb l1ech, 11' pach bOIl' ec01p. 


15' 1n rep lei; et;pana '00 el1a1'O 1'11'. C1'O he bu'Oe111 C1'O he 111 
rep. p1r 1 1rrecm'O t;atb po rO
((11 plr [111 rep] am((ch t;pe 
r 01 plp1'O a let; et;palla, l((n pac ua'O 11'111 rep ((mach. ocur 
r tan 'Oon pp ((m01C elr1Um; ocur t((l1 1'1ac h tla'O 11'111 rep 
p 1 r 111 n'Oech01'O t;mb, OCllr tet pach 011 pp p1r 1 n'Oecha1'O 
9.c>t;mt5 111'OrIUm; cen caemalt;U a t;ert1wcie, ocur má t:a 
caemact;u t;erpwcie, 11' tan pach. 


1n r6p. e'Opana C01t;CIIl'Oe '00 ct1m'O 1'11' r lan '00 cae rOE01t 
"00 Fena plU aca 11et;((prCap(('O, mana coeml1acmp cena, Ocur 
ma caemnacmp, 11' paè 1'0 O1cnei> a rata a1p. 


').
 ma pob 1n'011er '00 cae 'Olb a ee1te, 11' lan pach 0 ceè:t:ar 
"06 1n'O, C1'O b6 p.o uacht:I1a1Ë plr. tl1a poba '0 1te r '00 cac 
"01b a ee11e, '1' lei:; rwc 0 ceët;ap. '08 11l'Of1um, C1'O b6 '01b 



THE BOOK OF AICILL. 


239 


exempt thou,6h the sharp iron of each of them injure the TßE Booll: 
other; but same say that they 
hall make reparation to a AI
:LL. 
person who interferes between them, if anything (injury) 
is done by them. 
In a general deliberate contest fought with the recognition 
of theil. t \vo terI'Í tories ortwo tribes, each c
rnbafant is exempt 
in killing the other within the leóal time; or beyond the 
legal time, both being aware of its legality or of its illegality; 
or provided the innocent person be aware of its illegality, 
whether the guilty person be or be not aware of it. 
If the guilty person be aware of it, and the innocent per- 
son be not aware of it, and if it be the guilty person that was 
killed in the case, there is exemption for the killing; if 
it be the innocent person that has been kil1ed, there is full 
fine for it. 
If the tribe of one man be present and the tribe of 
the other be not, there is exemption for killing the man 
whose tribe is present, but if it be he who has killed a 
person, there is a fine for unjust killing imposed. 
If a man prejudiced in favour' of one of the combatants · I
. .Of 
. rfì d b h h I . b I . lf h h"if znler- 
mte ere etween tern, w et IeI' It e 11mse or ternan firence. 
in whose behalf he interfered that, owing to his interference, 
injured the other man, be (the man who so interfe?ed:) pays 
full fine for the other man,b and the other b man is exempt with b Jr. 1M 
man out- 
respect to him; and he pays full fine on account of the man .Î<Ú. 
in whose behalf he interfered, and the man in whose bebalf 
he interfered pays him half fine; this is when there is no 
power of saving him (the injured man), but if there is 
power of Eaving, it (the penalty) is full fine. 
The impartial person who interferes between them is 
exempt on account of any injuries he may inflict on them in 
separating them, provided he could not help it (doing the 
injury), but if he could help it, he shall be fined according 
to the nature of the case. 
If they were both engaged in an unlawful" combat., they c Jr. If 
each P ay full fine for it, (injuring the im p art-ktl P erson ' " a.h nf 
t em ora. 
'Lvlw inte?fered between them), whichever of them injured him. unla/l"(ullo 
If the comhat were a lawful one on both sides, they each pay thðfJlller. 
half fine for injuring him (the impartial person wlw Ï1Lter- 



240 


tebart m cte. 


THE BOOK fuacht:na1Èer fur, ocur po fer In t:1 alprb po tuacht:l1ms 
OF 
AICI!.L. 1 11 1' al1l11'1 11 . 
mUl1a fer l11n a1plte po fUaCn1a1i=; p 1 r, maflub 111'011er 
'00 caë 'Olb a cel1e, let pac 0 cect:ap 'Oe co 1101b Lal1 pach 
5" all '0. ma 1l0ba 'OILer '00 caë 'Olb (( celLe, cet:l111U1me 0 
cect:afl 'Oe co 1101b lei; pach ((11'0. 


" f1A-- 
.h tL,. n.J1" WI t
- 


nl(( poba 'OILrech '0011 'O((fla '06 oeu,- 110b l11'011rech 
'Oapa1Le, cet:hpUlm6 011 t:1 'Oup bo 'Ollrech, ocur lei; pach on 
t:l 'Oa11 bo 11l7)11recJ1, cona t:6011<< Ced11lt11mh l}'1n reI'- 
10 11 et:pan a COlt:Cln1)l. 
11' ann IrLal1 '00 cae 'Olb a ëelLe 111 Il1bcn'O at:a coemact:u 
t:obars 'Ol1
IE t;rS t;01che'O ((1le ac felChe1l1U1n t:olche'O((, 
OCU}' at:a c06maCt:u Im ö HbaLa ac bmbU11). 
ma t:a caemact;u t;obalS 'Ol1
IE 'LrS 'Lolche'O ails ac 
,S-relche1ÌlUln t:olche'Oa, OCt1f 111 tl1l caemac'Lu 11llEabaLa ac 
bl'Obul'O, amU1t"l1ec11 1'e5ap '01(( EUIIl no '01(( ma11ba;; 'can 
Clnt;a 110 co Cln'La, In bl'Obt11;). 
mana UIL cosmact;U 'Lob((1E 'Ot1Et:1E q1S t:olche'O ((1ts ac 
re1ChemU1n 'LOI ch 61)a, oct1f crca coemacht;u ImEabaLa ac 

obl'Obum, ocur mar e In bl'ObU1'O ro marba'O a1111, IrLan j mat' 
{) 110 marb nech, 11' Lan paeh. 
bta 'Ouna'O, 'Oat; an1.enall' Clp 'Oon'O '00 bet1.aft ta rUt; 
no ftechwlfte P.f5, aft abl t:um::h. IJr t:uatamE a teraf5t1 
uft 1n neé '00 belt"\. no cp.eti: t!,
 1
{,.13 

ð'btu 'Oun u'O. .1.lf f1 'Oat If tan '00 '06n\1111 If11l 'Ouna'O fit! hmt. "Oat .1. 
m 'Out 1m u conlt;Jn01Lt;6ft ann. arl\6nUl\ Clp 'Oon'O .1. If UU1f 61 1\111- 
t; 6 1\ uf umaë Cl'O Eut; bel\U11\ 1t1'O ununn foft muc n<<fCU1fte OCUf ftU1dl 
t;) wbul 1\e l\e U1f6C, uët; co l\1U 'OU tIE Lu ftlE no ftecht;U1fte ftlE. left ubI 
t;uut;h .1. Iffel\ft!J'_blf a1t 111 t;UU1t;h. 'f t;uatulnE u tefU1Etl Ult 
,01n neë '00 b61ft no cften .10 Ul\ m neë'Oobe1fttU1fm EUt; U1cl,no'Oo 
cr en , '00 ëenna1S ann, 111 f6ft me'OO11 5U1t;1 tan 1I1'Ot I SC ec , co flf 5U1t;1 ocu)' 
j:jut;U1'Oe. 
1 And the iJRfindant ha3 pOll'er of al'Oiding.-The meaning of this and the follow- 
ing paragraph seems to be this: The case in which one or other of them is free 
from (the comeque11Ce& of) the acts done by the other is when the complainant 
(the injured person) might have brought a good (i.e. not demurrable) suit in another 
form and the party defendant \I ould have a good deFence to it. If the party in- 
jured could bring a good suit against the party who did the injury, the latter would 
haye no defence to it. He would be in the position of .. oue \I ho is pursued, &c.," 
i.e. he may be proceeded against in either form of action. 



'fUE HOOK O}' AlCILL. 


241 


fercd), whichever of them injured him, and in this case the TBF. Bool[ 
particular person who injured him is known. AI
:LL. 
If the paiticular perRon who injured him is not known, (tncl 
if the combat was illegal on both sides,. each of them pays aIr. if 
half fine, so that he (the inju'i'ccl pe?son) has full fine in the 
;:
;t"tu 
case. If the comLat was legal on both sides,b each of them il h ù>gal h to 

 t e ot er. 
pays one-fuUlth fine, so that he (the injU?'ccl pe?'son) has bIr. lj 
half fine in the case. each of 
. them u'aø 
If it (the combat) was legal on the one sIde and illegal on legal to 
ele other, he on whose part it was legal pays one-fourth fin,e, the othel.. 
and he on whose part it was illegal pays one-half fine, so that 
the impartial person who interfered has three-fourths fine. 
The case in which each of them is free from the conse- 
quences of t/w act.<: done by the other is when the plaintiff 
haR power oflawful suit by another mode, and the defendant 
has power of avoiding.] 
If the plaintiff has power oflawful sueing through another 
mode, and the defendant has not power of avoiding, the 
defendant is like one who is " pursued to be wounded or 
to be killed without crime or with crime."2 
If the plaintiff has not power of lawful sueing by another 
mode, and the defendant has power of avoiding, and if it be 
the defendant who was killed, there is exemption for the 
killing; should he (the defendant) kill a person, there is full 
fine for it. 
The exemption in the case of a court, and of all 
assembly; whatever stolen thing is brought is paid 
for by the king or the king's steward, tÈ:e-boot-in the 
 Ïfi (W 
territory. He ,can visit with correction the person 
who brought it in or bought it. 


'fhe exemption of a court, i.e., the assembly in the court for a territory is 
exempt. An assembly, i.e" that which is assembled there for that purpose. 
'Vhatever stolen thing, &c., is paid for, i.e., whatever stolen thing is 
brought into it, shall be nobly paid for by the king, or the king.s steward, upon a 
binding-man and the guarantee of a snrQty for its restoration, os Soon as he shall have 
returned home. Best in the territory, i.e., the best who is in the territory. lIes a Ir. The 
.. 'th t. th h b h.. b h full.m- 
can VlSlt Wl correc lon e person W 0 roug t It lD or oug t lawfi,l 
it, i.e" on the man who brought it with him in theft, or who purchased or bought middle 
it, i,e., the guilt). receiver of the stolen article,' who knew the theft and the thief. ,tltÎ'{man. 

'fhis is a reference to Borne ancient law maxim. 8 IIe, i.e., the binding-man. 
VOL. III. E 



2,12 


tebap, a1ctf'. 


THE BOOK 
OF 
AICILL. 


ac1H::: éotal1"O flU 1l,crCu5a'õ t:echrn nam((. 
.1. act: 1n cotal1l1 1"11 ar na ro reehml1 '00 rl'1r '011::;1'0 
1Jama, act: co rua 'Oa t;1S, cac um1"t '1' cet:rm'O t: t1 1"tba '0011 
e11'111'Or mc . 


5" Cmt:1 '061t;bI1"t et:urru 1'111 oeu)' 111 bmt m;a 1JaC 11111'011 
CI11m'O ee'mre,tE'1"temo'O ? eCe urra'Õ 110 a1'Obre'O 111 1'et: an 11 
1"11, '1'111 t:1't01Ee'O, 110 '1'111 'Ouna'O, oeur raCrm-D a t:urbm'O 
'OUl1m'O no t:1't0151'O he cell 11; 1nr ua'O,110 co f-1a 'Oa fel:. 
SUI111 1mUrrO ac afCurra'O 110 a1'Ob[l"t]e'Õ 111 1'et: al1'O '1"11 
IlJ t:1't01Ee'O, ocur a t;urbat'O 'OUI1a1'O 110 t:1't0151'O 'Oa raera'O 
cell 111 1t:1r ua'O, act: q"tebU1re l"te m1'ee 'Ol15\=ec aCt; co 11 1a 
'Oa hi;. 


c. !J47. 


bta mué olp,Cet [no q1.O J. 


.1. rtal1 '0011 mU1C 111 t:erbaeh '00 cut e1Eme, oeur '00 fa1b 
fS'elF;me, ocur et:u1"tru oeur e1Eem, oeu1' er bac 1n t;e1Eem 
bo'Oe111, 0 bar elEem EtuatITer ar l1a hU1te erbaCU1b U1te; 
ocur tet; pac Uatt;, '1'111 t:orbac 111 Cé111 bel' meract: a e1Eme 
U1rre, oeur 0 l"taehar '01b, tet; pat Uatt;, '1"11 11erbac, oeur 
tall pac '1"11 m1"tbac: . 
 
Cqlf7 t\.<IM: It<U-.Mr -W!:
 

 ./. 

 M, 

1VNí

 th4 Q. iM- 
 cut 
w\i1v 

 

c/.r;
4 
'Ik> 
. ... 0" 
 .."" "" 
1I4hJ\4.,.. D\, II 

 ,.,.
 
 lP
 1 
11 '01 111 t:erbac 111'OrmÈ(T ulttlle CO (( ctmr, no co cpo, 
-q IÇ4.1
 110 co omar, ee bet; rr1t;a151'0 cell co be; oeur 111 t:e1' bac co 
ct' ." rr 1 t;atE1'O ap, ar 111'Orat5 1maeh. Let; pael) Umt;111"11 er bac 
cell rr ' t;a1È1'O, 110 '1'111 mp,bac co rr1fatÈI-D, e1'O 1matÈ e1'O 
t:att. Lan pac umt;e '1'111 t:orbac cell 
111t;a151-D; oeu1' 110- 


1 Here howet:er.-The 1\18. is defective at this place. The article seems Uncon- 
nected with what has gone before, or comes after, and no other copy than the 
fragment if! E. 3, 5, ha
 been found. 


* Ncft, cWk . 


1I\AAÑ i.n .{ '" ' hI" 
_ ' r v 



TIlE BOOK OF AICIU.. 



-13 


But the principal only for lawful valuation. 
That is, but the t1âef?'epays the principal only, with la,vfu} 
,.al'wtio n, when he returns home, whenever there is an under- 
standing that t!ds as a privilege ha.<: been gmnted to the 
unworthy person. 
What is the difference between this ca.<:e and that wherein 
it is said" every animal which is handed over for a crime, 
pe?uling a læw-s'l.tÍt?" &c. The' sed' was claimed from a 
native-freeman in that case, during the hosting, or the 
'dun'-fort building, and his privilege in respect of hosting 
or ' dun' -fort building frees him, without anything what- 
ever being due of him, until he arrives at his house. Here, 
however,l it is from a native fr

ma n the' sed' is claimed 
during the bosting, and his privilege of' dun '-fort building 
or hosting frees him from anything at all being due of him, 
hut he must give a surety for lawful restoration in case he 
Rrrives at his house. 


TilE BOOK 
OF 
AU'II L. 



-#, 


The exemption of pigs at the trough or in the 
stye. 
That is, should a pprson .<:hout, tbe pig is exempt as regards 
injm'y to the idler who is behind the person who shouted: aIr. . The 
and beside the person who shouted k and between the person øhoutUl!J. 
who shouted a and her (the pig), in case the person who 
shouted a is himself an idler, since it is his shouting that in- 
cites her against all the other idlers; and there is half fine 
upon her OWIW1' for injm'ing the profitable worker, whilst 
the excitement caused by the shout is upon her, and when it 
has gone off her, there is haIffine from her owner forinju?'ing 
the idler, and full fine for i7lju1'ing the profitable worker. 
She (the pig) is exempt (/S re!Jard8 'inju,ry to the idler who 
goes to her, to her trench or her stye, or her trough, whether 
there be provocation or not; and as to the idler who provoked 
her and upon whom she charged out. There is half fine from 
her ownu fùr injw'y to the idler who did not provoke her, or 
to the profitable worker who did provoke her, whether outside 
or inside. There is full fine from her ownel.forinjzt'1.y to the 
profitable worker who did not provoke her; and there is no 
'o
m. n2 



244 


Lebap. a1cte. 


tf 
 n?
 


TilE BOOK COil fcrsaba1l Cet;hptl1mte ap mU1C ap a p1art;amlact;, Ua1p 
OF 
AICILL. p1art;amla CU11la muc, ocur p1art;amla muc ma bo; Ua1p 
n1 t;opma1Ee1l1l ap C01n cU1len 'DO bperi;, ocur n1 'D1rCt11per 
'DO boltl laeÈ 'DO bperi;, ocur noco t;opma1Eelln n1 ap mU1C 
,
 OlpC 'DO bpe1t, ocur noca rCU1penll 'D1. 


mara muca cet; cm;:;ae{( uppm'Ò 1m:;, let; ot;hpur co bar 
t1a1t;1b, no let a1;:;hE11l 1ap mbar. mara muca blt;bmeco. 
C.948. [uppm'D], let 'D1pe ocur ot;hpur [coml{m] co bar, ocur let 
'Dlpe pe t;aeb a1dlE111a 1ap mbar; ocur rCOlp1'D mepact; an 
'þ e1Eme let; 'D1b. Ocur cema'D a1l Uppan'DUr 'Duèpur 110 'Dmt;h- 
EIIl 'DO 'Dul pe lap anll ap fep 1161Em1, noca paÈa, ump 
nocon fU1l {(1t;hE111 'DIC 'DO reUuc co ;:;appact;mn mt;hEma 
C.948. 'DPp lmme. [1n ump] 1cfar fep e1Eme palln 'DO 'D1pe noco 
C. 9-18. n1cann pann 'Do-Epur, 11a 'D{(1;:;hE11I; [ocur 111 t;all 1Car ttan'D 
.'i'Dot;hpur 110 'Dm;:;hE111 110cho 111C{(n'D pan'D 'DO 'D1pe. 111 
pan'D ot;hpura nO m;:;hE1t1a 1Car], twnll 'De1r1'De 'DO 'Dul 
pe lap ap rcat m;:;hE1na .1. re ree;:;mm'D mpr1um 1m 
'DU1lle, no 110 ce1;:;p1 CU1cm 1m b01n, nO let; 1m ech, ump 
noca 11e 11' feap lmme. 


C,9-18. 7Ci [111 cut;puma] nech rCU1pet
 e1Ï;em 'DPP e1Eme, nocon at l 
c. !HS. mU1C t;et; [act;, a 'Dul pe l{(p]; nee rCU1pet
 el5em 'DO mU1C 
110C011 ap feap e1Eme t;e1;:;, ac;:; a 'Dul 11e lÚp; ocur 110C011 
mtfep;ap cU1b'Der e;:;upt1U, ae;:; a 1{(11 'DIC {(P a mþ'Ò fe1ll. 


CC e1ì)em compmt;1 111 CO'DIl{(15 lall 'D1pl na Clle1'D1 co ùar 



THE BOOK OF AICILL. 


245 


fourth O'otfor a P ier' on account of her beastliness, for the hound THE BOOK 
Ie> b 
iR more beastly than the pig, and the pig is more beastly than AI
:;'I. 
the cow; for it does not add to the vCLlue of a hound to have 
had pups, and it does not take from the '/-'alue of a cow to 
have had a calf, and it does not add to the value of a pig to 
have had young pigs, and it does not take from her value. 
If the pigs 'who have done any inju?'y belong to a native- 
freeman, and it is their first offence, full half sick-mainten- 
ance until death is due of them to the injured penon, or 
half compensation after death is the fine. If they are 
vicious pigs belonging to a native-freeman, tltm.e is half 
, dire '-fine and sick maintenance until death to be paid, and 
lmlf 'dire '-fine with compensation, after death; and the 
excitement of the shouting takes half the fine off them. 
And though it should be desired that a part of the sick- 
maintenance or of the compensation should be remitted in 
favour of the man who shouted, it shall not be so, for there 
is no compensation to be paid by the looker-on ufli.il com- 
 
pensation has been received from the actually guilty person. B k Ir. Alan 
i1 nil when the man who shouted pays a part of the' dire '_ of the hand. 
fine he does not pay any part of sick-maintenance, or of 
compensation; and when he pays a part of sick-maintenance 
or compensation he pays no part of 'dire' -fine. Of the 
portion of sick-maintenance or of compensation which he 
does pay, a part is remitted in lieu of compensation, viz., 
six-sevenths I with respect to a person, or four-fifths with 
respect to a cow, or one-half with respect to a horse, for he 
is not the actually guilty person. B . 
The proportion of the fine for shouting which is taken 
off the man who shouted, does not fall b upon the pig, but is 
remitted; the proportion which shouting takes off the pig 
does not fall b upon the man who shouteù, but is remitted; b Ir. Co. 
and there is no participawm considered between them, but th
'
Jvr 
the full fine is to be paid by each on his own account. 
For the injuries fmm the malicious shouting of a sensible 
adult there shall be paid the full ' dire' -fine of the wounù 


I Six..erentha.-In C. 948, the þ(.rtion remitted in such case ÜI said to be, one- 
seventh with respect to a person, one-fifth mth respect to a cow, and one-half with 
respect to a horse. 



246 


Lebat1. ((jete. 


THE o
OOK '01C, C1'O 1 t;opbaë C1'O 1 ne1'baë CI'O I pob, tan c01flp'01pe wp 
AICILL. mbarr 11' na 'Oatmb, Ocur tan 'Olpe 11' na fwbmb. 


er5em erpa 1n co'OnmË, tei; '01pe na cnel'Ol CO bar '01C ann 
1 mp
aë ocu1' 1 pob, 1'e reët;mam ot;hpurra 1 nefPaë, tei; 
Õ C01PP'0 1 1 1e wp mbar '1' llU 'Oaimb, tei; 'Olpe 11' 1lU pobatb. 


elÈem 1n'Oe1i;blp1 mpba In co'OnatÈ, re reëun at '0 oi;pura 
co bar 1 mpba, oCU1' 1'e reët;mw'O att; h 5 1na wl 1 mba1'; r a 
reëunat'O oi;pura co bar 1 ne1'baë, Ocur t;P1 reët;mat'O att;h- 
5'na wp mbar; cmi;PI CU1ce'O ot;hpura co bar 1 mb0111, 
locmi;p1 CU1C1'O att;h51na 1al1. mbar; lei; oi;pur co bar 1 neë, 
tei; a1t;h51n wp mbal'. 


er6em compmt;1 m1C 1 naer 1ca tei; '01pe, tei; '01pe na 
Cne1'Ð1 co barr 'OIC ann, C1'O a t;opbaë, CI'O 1 nerpaë, C1'O 
a pob; tei; C01pp'01p1 wp mbar 11' na 'Oatmb, tet 11' 11<< 
'5' pobatb. 


6r6em erba m1C 1 nae1' 1ca tei; 'Olpe, Cet;hpU1me na 
Cnel'01 co bar 1 pob ocur 1 t;opbaë, t;P1 reèt;mat'O otpur a 
co bar 1 nerbaë, cet;hpU1me C0111p'0111e wp mbar '1' na 
'Oaimb, Cet;hpU1me '01pe '1' na popatb. 


Uer6ell1 111'Oe1i;blpe t:opba mlc 1 11aer 1ca tet '01pe, t;P1 
l'ect;mam OdlpUra co bar 1 mpbaë, t:p1 re&mm'O att;h- 
51 na lap mbar; reèt;ma'O Ocur 1n cet;hpuma pann 'Oee 
otpura co bar 1 nerbaë, reët;mai) Ocur 1n cet;hpuma pann 
'Oec a1'ch51na 1ap mbar; 'Oa CU1ce'O ot;hpura co bar 1 mb01n, 



THE BOOK OF AICILL. 


247 


until death, whether profitable workers, idlers, or animals THE BOOK 
be injured, and full body-price after death forinjwing per- AI

L. 
sons, and full 'dire '-fine for injw'ing animals. 
FOI,the inju1-ies fi'om the playful shouting of a sensible 
adult, there shall be paid, half' dire '-fine of the wound 
until death in the case of profitable workers and animals, 
six-sevenths of sick-maintenance until death for idlers, 
half body-price after death for persons, and half' dire' -fine 
for animals. 
F01. the injm'ies f1'o111, the shouting for unnecessary 
p+:eßi-bya semÚble adult, thrre shull ùe paid six-sevenths of 
sick-maintenance until death in the case of profitable workers, 
and six-sevenths of compensation after death; six-sevenths 
of sick-maintenance until death for idlers, and three-sevenths 
of compensation after death: four-fifths of sick-maintenance 
until death for a cow, and four-fifths of compensation after 
death; half sick-maintenance until death for a horse, and 
half compensation after death. 
FOI' the injUl"Ìes j;'CYfi1, the malicious shouting of a youth 
at the age of paying half' dire '-fine, there shall be paid half 
, dire' -fine for the wound until death, in the case of profitable 
workers, idlers, or animals; half body-fine after death in 
tlte case of persons, and half in the case of animals. 
Fm' the i njlo-ies fmm the playful shouting of a youth at 
the age of paying half' dire '-fine, tlte?e shall be paid one- 
fourth of the fine f01' the wound until death in the c((,
e of 
animals and profitable workers, three-sevenths of sick- 
maintenance until death in the case of idlers, one-fourth 
Lody-fine after death in tlte case òf persons, and one-fourth 
of ' dire' -fine in the case of animals. 
For the injlwies fmm the shouting for unnecessary 
profit, of a youth at the age of paying half' dire '-tine, thel'e 
shall be paicl three-sevenths of sick-maintenance until death 
in the case of profitable workers, ancl three-sevenths of com- 
pensation after death; a seventh and a fourteenth of sick- 
maintenance until death, for idlers, and a seventh and a four- 
teenth of compensation after death; two-fifths of sick- 
maintenance until death for a cow, and two-fifths of com- 



248 


Lebap. a,cte. 


THE BOOK 'Oa cU1ce'O an:;hElna 1ap mbar; cet::hrlUlme Ot::hl1Ura CO bar 
OF 
AICII.L. 1 nech, c61hpUlme a1t::hEtna 1a11 mbar. 


elSsem compa1n mlC In naer Ica a1t::hEtna, [11'] CUt::pumur 
reèt::mam In tan 'Olpe ot::hpura CO bar 1 t::opbac ocur 1 
Lt'nerbac, re rect::mam lap mbar; no cumcrn re peërnla1'O 
ot::hpura co bar, ocur 1n rect::ma1'O mt::hð1na 1a11 mbar; 
cUt::pumur CUICI'O 1n tan 'Olpe 'Oot::hpur co bar I mbo1n, 
ocur celt::hpe cUlcea'O mt::hE1na 1a11 mbar; no coma'O 
cet::hpU1me cUlce'O mt::h6ma 1ap mbar, Ce1t::hp1 cUlce'Ò 
Ie ot::hpura co bar; cUt::puma tete In tan 'Olpe 'Oot::hpur co 
bar 1 nech, OCur tet a1t::hE11l 1ap mbar; no com<ro teG 
ot::hpur Co bar, ocur Let a1t::hEln 1ap mbar. 


elEem erba mlc 1 naer Ica mt::hElna [11'] cUt::pumur 
rect::mam 1n Let 'Olpe 'Oot::hpur co bar, cet::hpU1me 1 t::O!l- 
I
bach, recht::ma"O na re reët::ma'O 1 11erpach, t::pl reët::mam 
a1t::h5ma 1ap m bar 1 cect::a}1 'Oe, CI"O 1 t::opbaë, cm 1 l1erbach ; 
110, coma'O t::pl rect::mam ot::hpura co bar 1 t::opbaë, ocur t::pl 
rect::ma1'O mt::hE1na 1ap mbar; cUt::pumur rel)'1'O In Let 
'Olpe 'OOdlpU}' co bar 1 mbotn, ocur 'Oa cUlce'O a1t::h51na 1ap 
'l[) m bar; 110, coma'O a cUlce'O ot::hpura co barr, ocur 'Oa cUlce'O 


"fUAÅ, 
 
 
f'Jf/Y{ C4-U- 


J Afte,. cleatl,.- The folIowing is found written in apparent1
. a ,Iiffcrent hand / 
at the lower margin of the MS. E. 3, 6, p. 31? It seems a mere fragment, and 3 
not connected in particular with this part of the work. "'or" 7S." of the 1118., 
usually the contraction of .. e
5e," Dr. O'Donovan conjectured "els,iJe," and 
translated accordingly. 
[Ca foËmL e,S,he fur na fUlL ooel
b,f1. 
of1.bUlË na eT'Pms co búr nú !Uf1. 
mbar? .1. aë
 'r cU
f1.uma'Ò moo co bar ocur Taf1. mbur an comf1.m
e. 
Ca foËmL els1Ï1e f1.'r a 
a 'tJel
b,f1. 
of1.bmË ocur erbmË co bar ocur na 
fUlL 1<If1. mbur? .1. m 
eT'Paë, 01f1. 'r cU
f1.uma'Ò 'fm 
of1.baë, ocur'rm 
efbaë 1<If1. m bar. 
Ca rosmL e'S1Ï1e fur a
a ooertUIf1. mf1.bmË ocur erbmË co bar, ocur 1<If1. 
mbaf? .1. m'tJel
blf1.
of1.bar1'De.J 



THE BOOK OF AICILL. 


249 


pensation after death; one-fourth of sick-maintenance until THE nOOK 
death for a horse, and one-fourth of compensation after AI:'L. 
death! 
Fo?' the injwi'ies fi'om the malicious shouting of a youth 
at the age of paying compensation, there shall be paid a pro- 
portion equal to a seventh of the full' dire '-fine of sick- 
maintenance until death in the case of profitable workers and 
idlers, and six-sevenths of cornpensation after death; or, 
accol"ding to othm.s, it may be six-sevenths of sick-mainten- 
ance until death, and a seventh of compensation after death; 
a proportion equal to a fifth of the full' dire '-fine of sick- 
maintenance until death for a cow, and four-fifths of com- 
pensation after death; or, according to othe1's, it may be 
one-fourth of one-fifth of compensation after death, and four- 
fifths of sick-maintenance until death; a proportion equal to 
one-half the full 'dire '-fine of sick-maintenance until death 
for a horse, and half compensation after death; or, according 
to others, it may be half sick-maintenance until death, and 
half compensation after death. 
Fm. the inju1'ùs fl'Om the playful shouting of a youth at 
the age of paying compensation there shall be paid a pro- 
portion equal to one-seventh of the half' dire'-tine of sick- 
maintenance until death, one-fourth in the case of profitable 
workers, one-seventh of six-sevenths for idlers, and three- 
sevenths of compensation after death in the case of either 
profitable workers or idlers; or, it may be, according to 
othel"s, three-sevenths of sick-maintenance until death in 
the case of profitable workers, and three-sevenths of com- 
pensation after death; a proportion equal to one-sixth of 
the half' dire '-fine for sick-maintenence until death in the 
case of a cow, and two-fifths of compensation after death; 
or, according to othe1's, it may be one-fifth of sick-main- 


What trespass arising from shouting is it in which there is no difference of pro- 
fitableworkers, or idlers, till death or after death? That is, the malicioWl8Muting 
for which there is equal fine till death and after death. 
What trespass arising from shouting is it in which there is a difference of pro- 
fitable workers and idlers, till death, and not a:ter death? That is, the playful 
8Mming, for there is equaljine for injury to the profitable workers and the idlers, 
after death. 
What tre!pass arising from shouting is it in which there is a difference of pro- 
fitable workers and idlers till death, and after death? Thll.t is, the case of 
_k Ir. lIft- 

. mcu8ary 
profit. 



250 


Lebap. mcte. 


TilE o
OOK a1t::h51na wp mba1'; cut::puma te1i:1 1n tei: 'mp1 'OOdlpUr CO 
AICfLL bar 1m ech, ocur cet::hpuma a1t::h51na wp mbar; no, coma'O 
cet::hpuma Ot;pUra co bar, ocuT' cet::hptl1me mt::h51na Jap 
mbar. 


,. a: e15em 1n'Oe1t::hb1p1 t::opba m1C 1 nae1' 1ca a1t::h51na 
rect::ma'Õ na re rect::ma'Õ ot::pura co bar 1 t::opbach, 1'eët::- 
ma'O na 1'e 1'ect::ma'Õ a1t::h51na Jap mbar; 1'ect::ma'O lla t::p1 
rect::ma'O ot::hpura co bar 1 ncrbae, reët::maiJ 1W t::p1 1'eët::ma'O 
a1t::hE1na Jap mbar; C111ce'O 11a ce1t::hp1 ct11ce'O 'Oot::hpur co 
o bar 1 mb01n, cU1ce'Õ 11a ce1i:p1 CU1ce'O arC51na Jap mbar; 
cet::hpmme ot::hpura co bar 1m ech, ocur cet::hpt11me [arrh- 
E1na] Jap mbar; no coma'Õ oct::ma'O ot::hpura co bar ocur 
oèt::ma'O u1dlE1nU wtl mbar. 


C. 952. [11'e'O '1' e15em erba an'O, a 'Oe11am atl 'Oa151n ctt11che, 
15' ocur 111 a let:: p11' na m uCa1b 11' ctt11c11e; ocur 'Oa ma'Õ eiJ, 
po bo erba cota ctmche, ocur po bo tan pac1l.] 1 )'e'O 11' 
e15em COmpa1t::1 a11'O, a 'Oenum ap 'Oa1E1n rOEla. 


1re'O 11' e15em 'Oe1t::b1p1 t::opba ann, e15em '00 cup 1n'01te 
C.952 a repmb no a 50pt::U1b [apba], ocur 111 caemnacmp 111 ba 
H 'ObSt::heëa; no 11' e1E1m pe cpe1ë. 


C.952. 11'e'O 11' e15em 1n'Oe1t::b1pe t::opba ann, [a 'Oenam] 1 cop 
1n'01b a repa1b no a 50pt::mb, [ocur] C01l1Cra'O a 'Oenum 111 

8 , ba 'ObEt::hecha. , 
bta nae 1mp.am no comba'Ou'O. 
t,S .1. 1'tan 'Oon n be1pl1t' 1n 11ae 'Oon 1mpam bu'Oe11l,110 COIll- 
ba'Ou'Õ mapoen p1a nee a1le. mal' pe bec 'Oe1t;b1p1t11' 110 
pe erPa 1'11' h1, 11' rwe rwnctt11ëe 111 caë r05a1l '00 Eent::ap 
aca bpe1t; 1'11\ ocu1' ac a t::abmpt:: 1n1l11'. 
1 In a more lawful manne". This ant.! the two preceet.!ing parab'Taphs are given 
80mewhat differently in C, 9õ2, but the sense is substantially the same. 
2 Little necI!Ssíty.-l'or "ber" of the :MS. Dr. O'Donovan conjectured .. bee" 
as a better reading. 



TIlE BOOK OF AICILL. 



51 


tenance until death, and two-fifths of compensation after THE BOOK: 
death; a proportion equal to one-half of' dire '-fine of sick- AI

.L. 
maintenance until death for a horse, and a fourth of com- 
pensation after death; or, acconli'fl[J to others, it may b
 
one-fourth of sick-maintenance until death, and one-fourth 
of compensation after death. 
For i'fljurif3.'1 fl'mn the shouting for unnecessary profit 
of a youth at the age of ]Jaying compensation tlw1'eis paid 
a seventh of six-sevenths of sick-maintenance until death, 
in the case of profitable workers, a seventh of six-sevenths of 
compensation after death; a seventh of the three-sevenths of 
sick maintenance until death in the case of idlers, a seventh 
of the three-sevenths of compensation after death; a fifth of 
four-fifths of sick-maintenance until death for a cow, (Oul a 
fifth of four-fifths of compensation after death; a fourth of 
sick-maintenance until death for a horse, and a fourth of com- 
pensation after death; or, it may be an eighth of sick -mainten- 
ance until death, and an eighth of compensation after death. 
"Idle shouting" means the doing of it for the purpose of 
sport, and it is not sport with respect to the pigs; and if it 
were, it should be C01L8iclued as idleness of foul play, and 
there would. be full fine for it. " 1falicious shouting" means 
doing of it (the shouting) with a view to injury. 
" Shouting for JI.
ry -pwfit-!' means shouting for the 
purpose of driving cattle out of fields of grass, or of corn 
fields, when they could not have been (kiven thence in a 
more lawful manner; or, accm.ding to othen, it means shout- 
ina before a plundering party. a . k Ir. A 

 Shouting for unnecessary profit" means the doing of it plund<:,-illg. 
(the shouting) in m'de1. to drive cattle out uffields of grass 
or corn fields, when it (the d1"iving mtt) could have been 
done in a more lawful manner. I 
The exemption as regards a boat in rowing or 
swampmg. 
That is, the person is exempt who, by himself, takes a 
boat to row, or who along with another person swamps it. If 
it were taken down in a case of little necessity,2 or through 
wantonness, there is a fine of ffittl-play for pvery trespass -jì:u1' 
committed in taking it down and bringing it up. 



 /;úW 
 
cr 
 ZDe.
 ? 




 e:t/Ci6, 
 
 
. ,. Ì1 
 dmvH.. (UI 
 ?It\/ 

 
(J,f<Tf 7LW-þMM do 
r 1M .fMv fN 
 '1\.4t Ji!VÌc{, of.o 
 -lIo- 


 


.THE BOOK 
OF 
AICILL. 


Lebar- U1cte. 
cf.
.u2..2-lf 
mal' pe 'Derëblpuf 'Doecma pucai) 1'11' hI, .1. 1'lmnn efPa 
[15] OCUf empbmË In cae 
oEmt 'DO Eent;a11 ac a bpen::l1 1"1' 
OCUf ac a t::abmpt:: In'Dlr. Cm uat::ha CI'D rochm'De po aen- 
t; m 5 1n mmbai)l1i), '1' pach panclurë1 0 cae 'D1b 1na c61ls. 


252 


... 


5" ma po aent;mË 1n 'Dapa 'Dpem, OCur 11111 aent::mE 1n 'Dpem 
mle, '1' pach 
tanètt1lee 11'111 'Dpelm po aent;m5, OCUf pac 
c01a clU1-ë1 Irln 'Dpelm Ilap aeI1t::mE. 
ma t::mt; luct:: lmme an'D, OCUf 1uët:: 1fnpama, ocuf luët:: 
me'DOnClU1ël, I}' tat; 11' luet; lmme an'D luct; In combmt::l, IT' 
10 tat:: 11' luët; me'DOncl111-ë1 an'D luët:: Impama, 11' 1m:; 1[1'] 
rell<<1Ë ann 111 luct; 110 bl na t;ort:: '1' 1n nae. 
ma t;a luët; COmb<<1t::1 1n'Dt::1, ocuf luët; 1mpama, '1' tat; '1' 
ae}' la1me ann luct:: 111 comban::1, '1' 1at:: 11' luët:: me'Don- 
clU1el ann luct:: Impama; 11' 1m:; 1 [1'] rellmË ann 111 luct; 
/. P.O bl ap. pUPt:: 111a p a'Dnm fe, ocuf CO 111c)::a1t::1f a t;a1p- 
meafc. 
y. 
bta Ltm;hp.on:; uP.CUtt Fatch1 pp.1m cm;htl.aé. 
l.

, 
.1. 1'1an 'Don t::1 tWfal1'cU1flef 111 lWtp01t; ap. )::mch1 na 
cm;p.ac pp.lm'Da, ce'la beta ac acpa ap. nec 'Du1 ap. a m111- 
'l.Ð lmnn, no clU1C1 'DO 'Denum ulpp.e; noCo 'DleE((p a acp.a <<1p, 
11mp. 'Dlcommf cach nup.lmn'D. 


{
 p.5> Lt t, 
L-fl qn
.) 


l1 a hU1le 'Dent::a U1le bWf ap. 
mche, 1'lan 'DO a comrcm- 
Lei) ap. 'DmE'n comallai) a 'Dlt5m 
mch1 ; manab ap. 'DmE'n 
comattai) a 'Dlt5m 
a1èb, '1' paè 
o mcnei) a 
ata mp.. 


25mafa 'Dent;a 111 a 'D en t::a 1n'DltEt::eca he 1'eèt::mp )::mèe, 
'1' lan pac 111a cet; Clnm'D a 
mchtt. 
mara 'Dent;a 1na 'DeI1t::a 'Dlt;si;eca rect;ap fmche, '1' mt;h- 
5111 111a cet; C111m'D a 
a1che. 
ma'Do cuam 1n 11m;p.01t:: 1'eèt::ap. 
mèe amach, 'D61tblP.ll1f 


1 That one might not.-For "cena" of the IllS. Dr. O'Donovan conjectnred 
"cona," Ilnd translated ai:cordingly 



THE nOOK OF AICILL. 


253 


Ifit were through accidental necessity it was taken down, THE BOOK 
i.e. there is exempti
 account of inju1'Y to idlers and AI

LJ. 
unprofitable workers, for every trespass committed in taking 
it down and bringing it up. Whether few or many have 
consented to the swamping, there is a fine of fou l-play from 
each of them in either case. 
If one party consented and the other party did not consent, 
there is a fine of fair- play 
 the party that did consent, 
and a fine of foul-play fl'9ID the party that did not consent. 
If there be a hand-party there, and a rowing-party, and a 
party of midd
he hand-party is the swamping- 
party, the middle-sport-party is the rowing-party, and the 
spectatOls are they who are süent in the boat. 
If there be a swamping-party there, and a rowing-party, 
the swamping-party is the hand-party, the rowing-party is 
the midd]e-sport-party, and the spectators are they who 
were present on the bank, and who could have prevented it 
(the swarnping). 


tú12-(,,3 


j 
f"í 
fW 

k-.] 


The exemption as regards the ball in being hurled 
on the green of the chief' cathail' '-fort. 
That is, the person is exempt who nobly strikes off the 
 ht... 
ban upon the green of the chief 'cathair'-fort, and this is in fA.
 
order that one might not l be sued for going upon a grpen, or 
 
 1, 
playing a game upon it; it is not right that one should be 
sued for it, because" every green is free." 
A person is exempt for demolishing every structure erected 
upon the green, if he does so for the purpose of maintaining 
the lawful useB of the green; b'ut if it be not for the purpose B Ir. [ntl- 
of maintaining the lawful useB of the green, he pays a fine fulnf&8. 
for it according to the nature of the case. 
If the structures be iUegal structures outside a green, there 
is full fine for their first injury\> to the green. b Ir. tress- 
If the structures be legal structures outside a green, there PCU&. 
is compensation to be 'lIwcle for their first injury to the green. 
If the ball went out beyond the green and a pC'l'son goes 
1m' it, the case shall Le ruled by necessity and consent and 



254 


Lebap. a1 cte. 


THE BOOK ocur U1fUaraëe::; ocur 11pw-5a'O '00 pWFml 1111'. t1l({l
a 'Oe1i;- 
AI
::L. t51p 1t1 r OC11r upwrace::; octlr 11pw'Õa'O, Irù:m. 
mara '061i;blpH11' OCl11' 11J11((1'a(:'!: no tlJ1w'Õa'Õ, a e::;eop-<< 
cee::;hJ1U1me a rlállln OC11r a ce'!:hJ1U1me a c1n'!:mËe. 
j 111 ara '061i;b'rlU1' cen tlJ1W1'al;e::;, cen 11J11<<'tJa'Õ, a lei; a 
rtmnn OC111' a tei; a CIIle::;m'Õe. 
Ce beli; tlJ1w1'ace::; ocu1' l1J1w'Oa'O, mmla 11mb '061i;b111111r, 
no comaJ1tec11'O, noco namU1t e::;oJ1ba; ace::; mtllla 1101b 11J11- 
arace::; co comaptecu'O a mn'061i;b1pIUr acoll rIll e::;att, ump. 
() mall e'O on, 1rtan. 


" , 
'*''''''1 
. 


,"7 


1re-5 11' 'Oe1i;b1p111r an'O '00 'Oe1i;b1p1t1r 'Out ap. cenn na 
L1m;p.om. 
1re'O 11' up.wrace::; an'O a e1'cq1l '00 '011t ap. a cenll. 
1re'O 'I' 11p.1alla'Õ anll fl11w'Òa'Õ na bep.na'O. Lci; pac 
I
 'Ol11ne cmce 1n cae f05mt '00 'Oena 1n bm;p.ole::; e::;aU, octl1' '00 
5ene::;ap. ac a e::;abmp.e::; amach. 
bta cen:;e lt1E rutcompac. 


.1. rtall 'Oon P15 1n comp.ac e::;11Ua '00 111m:; 1n 'Oa map.cae 
1nO cee::;, 1na fmce ; no Irtall 'Oon P.15 1n mm'Om e::;atman b1r 

o a1ce 1na f((1ce. 


mara mm'Om e::;atman na cuman
ap. '00 te)'115a'O e::;p.e na 
m111pe'O no e::;p.e na bna'Õ, ce C<()11]''!:(( ((1te '00 'OE'n11m 1me, 
11' 'Oene::;a '01p.mi;, OCU)' 1]' rtan he a tei; p.lr na hU1bb. 


mara mm'Om e::;atman conecap. '00 te1'115a'O, 11' b1'Eb1nC1 
.: '00 pW5mt p.1r. 


mara co'Onac p.o e::;ap.5e)''!:uP. 1n ec '00 cum 1n .:oene::;o, 11' 
pac fO mcne'Õ a fai;a 011 co'Onac 1r((n ech, octll
 tan p((ch 
fO b1i;b1nce 1n 'Oen'!:a 0 pp. 1n 'Oene::;(( 1r'n co'Onaë; OCU)' 
1 .Man-tre.!p<us.-That is as distinguished from trespass committed by a beast. 
2 Wick,dnus is the role with re.!pect to it.-That is the case is considered as a 
tortious negligence. 

 For tlte sensible aáult.-That is, for the injury done to the sensible adlùt. 



BOOK OF AIC'ILL. 


255 


closing. If there be necessity and fflft8ßllt and 
'who goes for it is exempt. 
If there be necessity and 
t or closing, he is three- 
fourths exempt and one-fourth liable. 
If there be necessity without consent, without closing, he 
is half exempt and half liable. 
Though there should be consent and closing, if there wa., 
not necessity, or permission in the ca
e of 'IuceRsity, it is 
not the same as the case of a profitable worker; unless in 
case of non-necessity he a has consent and permission, for aIr. The 
. h h . , man 
If he ave, e IS exempt. within. 
" Necessity" means the necessity of his going for the 
ball. 
" Consent" means that leave is given him to go for it. 
" Closing" means really closing the gaps. There is half 
fine for man-trespass. for every injury which the ball does 
within, and which is done in bringing it out. 
The exemption as regards a king' is race-course in 
case of sudden collision. 


clo
ing, he THE BOOK 
OF 
AICILL. 


That is, thc king is exempt frO'm liability as regards a 
sud d!n collision that may occur between two horsemen on 
his race-course, i.e. his green; or, the king is exempt fl"Ori" 
li(lbility for accident
 caused by a chasm that he may haye 
in his green. 
If the chasm be one that cannot be made safe by Ie yelling 
it or filling it up, but could be ?nade Rale by constructing a 
stake-fence around it, if this has been done, it is a la"wiul 
structure, and the,re is full exemption as regards all aæid{!,nts 
caused by it. 
If the chasm be one that could have been made safe by 
levelling 01. filling ltp, but 'lvas not, wickedness is the rule 
respecting it. 2 
If a sensible adult brings a horse to the structure, and all. 
accident happens, a fine according to the nature of the case 
is due from the sensible adult for injw.y to the horse, and 
full fine according to the imperfection of the structure i.s to 
be paúl by the owner of the structure for the sensible adult;3 


,"? 


'" 


f.'l>g-, + 




3G 


tebUlt CC1cte. 


THE BoOlc f1a11 Cal1 111 1Ja"O 11'111 neë, 1Ja1111r CO"011ac ro t;mp:sI1J1'Lan 
. OF IV 
AICILL. h1. 


mar 1 111 t;ech 110 t;mp:se1't;afl 111 cO"Ol1ach "00 c1.1m 111 
"Oem::a, lei: pach 1'0 bli:b111ce ul11fl1, ocu1' fC1.11111"O me11aët:: 
J a heflma lei: "01; OCU}' 1an pac 1'0 b1i:b111ce 111 "Oem:::a 0 1'111 
111 "Oem:::a 11'111 l1ec11, ocu1' lei: or::hflU}' 110 lei: an::h;S111 ua"O 
11'111 cO"Ol1ach. 


mara mac 1 l1ae1' 1ca lei: "0111e 110 t;a1fl;S1ufr:afl111 ech "00 
ëum 111 "Oet1r:a, cer:h111I1me "01111 OCUf or:h11Uf com1a11 co bar, 
- cel1 com;S1l1m, ocu1' ma r:a com;smm, 11' cer:h11U1me "0111e 
OC1.1r lei: or:hfluf; cer:hflu1me "0111e 11e r:aeb 11a1dl;S1t1a 1ap 
mbar, cal1 com;smm, OC1.1r ma r:a com;smm, cer:hflu1me "01111 
OCU1' lei: a1r:h;Sl11 ; ocu1' 1a11 pue 1'0 bli:b111ce 111 "Oel1r:a 0 P11 
111 "Oel1r:a, 11'111 mac, ocu1' lei: Odlr1.1r 110 lei: atr:h;Sl11 ucro 11' 
,í111 l1edl. 


mara mac 1 I1UC1' 1ca atdl;S111a flO t;a1r;serr:ap, 111 each "00 
cum 111 "Oel1r:a, 1f lei: or:hfl1.1r OC1.1r c1.1r:flumuf 1ei:e 111 lei: 
"0111e "OOl::hr-Uf co baf, cel1 com;smm, cer:h11U1me Or:h11Ura 
ocur cur:flumuf cer:h11U1mi:1111 lei: "01re; l::eofla cer:h11111m1 
'-Ca1r:hE111a 1a11 mba1" cel1 com;smm, ocuf ma r:a com;smm, 
cer:h11U1me ocuf ocr:mui) ; 1a11 1'C1ch 1'0 bli:b111ce 111 "Oel1r:a 0 
1'111111 "Oel1r:a 11'111 mac, ocur lei: Or:h11U1' 110 lei: atr:h;S111 11' 
111 11 each. 


N.ß. 


ma fa 111 t;ech 110 t;a1p;serr:a11 111 mac "00 C1.1m 111 
15'"Oel1r:a, C1"O be"O mac u11e, C1"O mac 1 l1aef 1ca a1r:h;S111a, C1"O 
mac 1 l1ae1' 1CU 1el:: "o1P1, ìëi: pac 1'0 b[1i:b11lCe] ap on ech, OC1.1r 



TIlE .BOUK OJ!' AICILL. 


257 


and he (the 0'Wne1. of the st1'uctu1'e) is exempt from paying THE BoOK 
an } ,thing on account of the horse, because it was a sensible A OF 

 ICILL. 
adult that brought it (the hone). 
If it is the horse that brings the sensible adult to the 
structure, there is half fine upon it (the horse) for its wicked- 
ness, and the encitement of being ridden takes the other 
half off it ; and full fine according to the imperfection of the 
structure is tv be paitl by the owner of the structure for 
illjU1'Y to the horse, and half sick-maintenance or half com- 
pen<;ation for inju1'y to the sensible adult. 
If it be a youth at the age of paying half (dire'-fine that 
l)rings the horse to the structure, in case of accident, the1'e 
ShOldd be l)aid one-fourth (dire '-fine and full sick-main- 
tenance until death, if no one else is equally in fault,k and kIr. With- 
if some one else be equally in fault,b it is one-fourth (dire'- :
opera- 
fine and half sick-maintenance he pays,. one-fourth' dire'- 
ï;n' if 
fine with compensation after death is to be paid, if no one th;
ere co- 
else is equally in fault: and if anyone else is equally in opemtion. 
fault,b one-fourth (dire'-fine and half compensation; and the 
owner of the structure pays full fine according to the imper- 
fection of the structure, for the youth, and half sick-main- 
tenance or half compensation for the horse. 
If it be a youth at the age of paying compensation that 
brings the horse to the structure, it is half sick-main- 
tenance and the equimlent of half of the half ( dire '-fine of 
the sick-maintenance until death that should be paid when 
no one else is equally in fiwlt,k and if anothe1' be equally 
in jà u It, b one-fourth of sick -maint
nance and the equivalent 
of one-fourth of half' dire'-fjne; three-fourths of compensa- 
tion after death, if no one else be equally in fault: and if 
anyone else be equally in fault,b one-fourth and one-eighth; 
and the owner of the structure pays full fine, according to 
the imperfection of the structure, for the youth, and half 
sick-maintenance or half compensation for the horse. 
If it is the horse that brings the youth to the structure, 
whatever youth he be, whether a youth at the age of paying 
compensation, or a youth at the age of paying half ( dire' -fine, 
there is half-fine upon the horse for its wickedness, and the 
VOL. III. s 



258 


Lebap. a1cte. 


THE BOOK rc01p.1"O meYlaChli a hep.ma let "01; ocur 1an fO b1tb111ce 
OF " 1 " " h 1 h 
AICILL. 1n "Oenlia 0 pp 111 "Oelllia 1f1n nec, ocur eli Oli p.ur, no eli 
a1lih511l uem 1f1n mac. 
? tf tiþv 
" 
mara comp.ac liu1l't>a "Oa map.c((c, mar p.e aerrp.e11TI LOp.- 
.,-ba m::mli map. aen, 11' lip.lan natlih51tla 0 cac "01b fe1n 11la 
ee11e, ocur 1etbp.1r1"O; mara combp.1f1"O, 1re1f1"O n((u;h5 11W . 
Cell Caem((Clia 1mE((ba1a, ocur ma lia Caem((Cli(( 1m5ab((la, 
11' mlih51n ocur 1etbp.1f1"O, ocur mara combp.1f1"O 11' let 
a1lih51n. 


10 mar p.e herba nL;mli map. aen, 11' panc1mte 0 cac 
"01b 1n(( ee11e ocur 1etbp.1r1"O; m((ra combp.1f1"O, 11' let 
pac panc1U1ce. Cell Caem((Cli(( 1m5aba1a; ocur ma li(( 
C((emaClia, 11' flach cola c1t11che 11' 1n 1etbp.1f1"O, mar a 
combp.1r1"O, 11' let pac co1((c1tl1che. 


15'111((1' 11e he1p.1m nerpa 111 'OaJ1a "Oe, ocur 11e he1p.1m liop.ba 
ap.m1e, 1'1an "Oon liop.bach 111 lierba, C((11 c{(emacLa 1mEa- 
ba1a; ocur m(( lia caemaClia, 11' let {l1L:h51n ocur 1ei;bJ11f1'O; 
mara combp.1r1"O, 11' celihp.mme H1lih5111a. 11' pac pall 
clmche on erpac 1f1n lioJ1bac, ocur 1elibp.If1"O 1'1n, nw1' a 
'./ccom bp.1r1"O, 11' let P((e pallc1mce, cen caemaclia 1m5((bala; 
ocur ma lia caemaClia 1m5aba1a, 11' f1ac cola c1U1c1 ocur 
1elibp.1r1"O; mara combp.1f1"O, 11' let pach cola c1t11C1. 


,,-/ 


mar p.e he1'pa nO p.e mp.ba m::a 111 "Oap.a "Oe, ocur p.e 1n- 
"Oe1tb1p. 1U r f051a ap.m1e, 1'1an "Oon liop.b((c no "0011 erpac 111 
1 li1Il"Oe1tb1p.rech f051a, cm 1etb t 1f1'O' C1"O com bJ11 1'1 "0, ce 
bet caemaclia 1m5aba1(( cen co e, ((Cli nap.ab "Oa l1"Oe0111 
uachlinm51li p.1r; ocur mar e"O, 11' 1an pach fa mCl1e"O a 



THE EOOK OF AICILL. 


259 


excitement of being ridden takes the one-half off it; and THE Boo1t 
the Owner of the structure pays full fine, according to the AI

LL. 
imperfection of the structure, for the horse, 'if inju1 o ed, and 
half sick maintenance, or half compensation for the youth. 
If it be a f ace to face collision of two horsemen, and if cj,2fi'f, ''6, 
they who are ho t h on profitable business, there is one-third 
of compensation from each of them to the other, and this is 
80, if the1'e be injury on one side only; a but if there be .Ir. Half- 
injury on both sides, b there is one-sixth of compensation. 
njury.. 
Tf' h . . 1 h h I . Ir. JOlnt- 
.J., UJ u t Le case w en t ey cou d not have aVOIded each injury. 
other, but if they coulll have avoided each other, there is 
full compensation for injury on one side: and half compen- 
sation if there be injury on both sides. b 
If both are 1'úling for amusement, there is a fine for fair- 
play from each of them to the other for inj ury on one side; 
ifthere be injuryb on both side:-, there is half fine for fair- 
play. This is when they could not have avoided each other; 
but if they could, there is a fine for foul-play for injury on one 
sidû a , and half fine for foul-play, if it be injury on both sides b . 
If one of them was riding for amusement and the other 
on profitable business, the person on profitable business is 
exempt fl"01n fine for injury to the idler, if it (the collision) 
could not have been avoided by hÍ7n; but if it could, there is 
half compensation for injury on one side k ; it is one-fourth 
of compensation if there be injury on both sides b . The idler 
pays a fine for fair-play, for the man on profitable business, 
in case of injury on one side, and half fine for fair-play in 
case of injury on both sides, if it. (the collision) could not 
have been avoided by him; but if it could have been avoided, 
there is a fine for foul-play for injury on one side, it is half 
fine for foul-play, if there be injury on both sides. 
If one was 1-1.{ling for amusement or profit, and the other 
for 
!!ry trespass, the idler or the person on profit- 
able business is exempt fnYln fine for injury to the man of 
JmnQC
SSa.ry trespass, whether the1'e be injury on one side 
or injury on both sides, whether it (the collision) could 
have been avoided or not, but so as it was not wilfully they 
hurt him; and if it be, there is full fine upon them accord- 
ing to the nature of the case; and the unnecessary trespasser 
VOL. III. S 2 



260 


tebap. atcte. 


THY. BOOK rma 011J1O; ocur l((n p((ë rop. tn'Oeli:blp.reè [rOEla] 
AI

LL. In'OL:lbfturn, cm lei:bl1'p'O, CI'O cornbl1'rt'O, ce be cen co be 
caernaëL:a IrnEabala. 
1re'O 11' lei;bl1lr''O an'O aen 'OUtne ac Irnlua'O. 1r e 'O 11' 
!J cornbp.lrm an'O 'Otar ac 1I11lua'O; ocur 11111 b111rl'O aèL: aen 
'OUtne 1n cach 1nu'O '01brln. 
m ara co'Onaë '00 111ne 111 L:ap.Eu'O L:l1e cornl1an::l, lan '01p.e 
n(( cnel'Oe, ocur oL:hp.ur cornlan co bar, no l((n '0111e ocur 
atL:hEln cornlan tal1 rnbar. 


10 mar L:l1e erpa, lei; '0111f' na cnel'Ol ocur OL:h11Ur cornlan 
co bar, 110 lei; '01111 ocurmL:hE,n cornl((n tap. rnbar. 


mar L:p.e 1I1'Oeli;b111e L:ol1ba, OL:h11Ur cornlan co b((r, no 
atL:hE'n cornlan tal1 rnbar. 
mar L:p.e cornl1((1L:\ 110 L:((1111;erL:ap. rnae 1 11Cler le(( lei; 
6 '01p.e 1n neë '00 ëurn 1I1'OenL:a, lei; 'OI11e na cnet'Ol oeur 0'(;h1 Hl r 
cornlan cen eornsmrn, ocur ma L:a comE1l1rn, 11' lei; 'Oll1e 
ocur lei; o'(;hp.ur; lei; 'Oll1e oeur ((1L:hE111 cornlan tap. rnb((r 
cen cornEmrn, no lei; '01p.e oeu1' lei; ((1L:11'S111. 


111ar q16 fTpa, '1' eeL:h11Ulrne '01p.e na cneml oeur odll1Ur 
I.Ocomlan co bClr cen eornE1l1m, ocur l11a L:(( cornE1l1rn, 'I' e6L:h- 
11U1rne '01p.e oeur lei; oL:hp.ur; 110 eeL:hl1Utrne "01p.e oeur 
ati;Eln e0l111an tap. rnbar, een eOI11Emrn,ocur ma L:a eom- 
öntm, '1' eeL:hp.Utme 'O I 1 1e oeur atL:hö,n. 


111ar q16 In'Oeli;blp.e L:op.ba, L:eop.a CeL:hl1l11me Od111Ura 
tS'co bar cen comö1l1m, oeur ma L:(( corn ö 1l1m, '1' eedl11u1me 
ocur oëL:rna'O; n(( L:e011(( eeL:hp.Utme atL:hö,n(( tap. mbar; 
oeur ma L:a eomE1ltrn, '1' ceL:hp.Utme ocur oëL:ma'O. 


m((ra mac I nuer Ica an::höln(( p.o L:((1p.öefL:ap. 111 eè '00 
ëurn n(( cUli;lö6 L:p.e comp.am, oL:hp.ur cornlan co bár een 


1 To them.- That is, to the persons riding for aruueement or on profitable bUliness. 



" 


THE BOOK OF AICILL. 


261 


pays full fine for injury to them,' whether there be injury on TBEO
OOJt 
one siùe or injury on both sides, whether it (the collision) AICILL. 
could have been avoided or not. 
"Injury on one side" means one man being in motion. "In- 
jury on both sides" means the two being in motion; and it is 
implied thllt but one person was injured in each ofthese ca<;es. 
If it be a sensible adult that brought a lWj'sc to the place 
designedly, he pays full'dire'-fine for the wound, and full 
sick maintenance until death, or full 'dire'- fine and full com- 
pensation after death. 
If it was in idle play he brought it, he pays half' dire'. 
fine for the wound and full sick maintenance until death, 
or half' dire'-fine and full compensation after death. 
If it was for unnecessary
, he lJ(cys full sick-main- 
tenance until death, or full compensation after death. 
If a youth at the age of paying half' dire-'fine brings the 
horse to the structure designedly, he pays half' dire'-fine for 
the wound and full sick-maintenance, when there is no 
abettor;k but if there be an abettor,b it is half' dire'-fine and aIr. With- 
half sick-maintenance he pays; half' dire' -fine and full com- :
::tioo. 
I Jensation after death, without an abettor, or acconlin g to bIr. t c.o- 
opera .on. 
ûfhcl's half' dire' -fine and half restitution. 
If it was in idle play Ite bl'Ougld the horse to the st1"lwflwe, 
he pays' one-fourth uf 'dire' -fillf
 for the wound and fun 
sick-maintenance until death, when there is no abettor, but 
if there be an abettor, it is one-fourth of' dire'-fine he pays 
and half sick-maintenance; or, accol'tli ng to others, one-fourth 
of 'dire'-fine and full compensation after death, without an 
abettor, and if there be an abettor, it is one-fourth of' dire'. 
fine and compensation. 
If it was for unnecessary 
, he pays three-fourths 
of sick-maintenance until death, when there is no abettor: 
and one-fourth and one-eighth when there is an abettor;b 
the three-fourths of compensation after death v,'hen 'Without 
an abetlOl'. and if there be an abettor, it is one-fourth and 
one-eighth he pays. 
If a youth at the age of paying compensation brings the 
horse to the pit designedly, he pays full sick-maintenance 
until death when there is no ahettor, and half sick-mainten- 



. 


262 


Lebap. a,cte. 


THE BooK comömm, ocur ma t::a com51l1m, '1' le
 ot::hp.ur; ocur m
5111 
OF 
AICILL. comlan wp. mba}', cen com ö 111m, ocur ma t::a comEmm, '1' 
te
 mt::höln. 
tllar t::p.e erba, t::eofla cet::hp.U1me ot::hflUra CO bar, cen 
"comEnlm, ocur ma t::a comEmm, '1' cet::hp.U1me OCt1r oët::mcl'l); 
na t::eop.a cet::hp.mme mt::hE1na wp. mbar cen comEmm,ocur 
ma t::a comEmm, '1' cet::hp.mme ocur oët::ma"O. 


ßJnv &. W 
. 0 

. 


ie,
,. 

- 


e, ø.,dÄ; L 


ma t::fle 1n"Oe1
blp.e t::Op.ba, '1' le
 ot::hp.ur cen comEmm, 
ocur ma t::a com ö 111m, '1' cet::hp.U1me ot::hp.ura no tet::h 
10 mt::höln. 
bta p.ob cubcro. 


.1. e1p.1m "Oe1t::hb1P.1 t::op.ba 1n co"OnmE 'rlan "00 cach erpac, 
ocurt::p.wn nmt:: h ö 'na ua"O 1n cach t::o}1baë manar raca, no 
cIa m:;connm}1c, mana p.aba a reëna[-õ]; ocur ma po b1 a 
I
 rechna, '1' le
 mt::hEln um"Oe 'r'n nerpaë, ocur mt::hE1n 
comlan 'r'n t::o}1baë. 


.1. rlan "00 na pobmb 1n cubw"O,1n bw"O cm
l"O 
cmb, a 
t::fl1 mlpenna 1m an conmp al1u ocur anaU, aët:: nap cm 'is, "0 
1map.cflml> t::mp.lr, ocur "Oa cmt:1l>, '1' mwch, 110 pach "OUI11e 

c cm
e. 


No bta p.ob caeba'D. 


Slan "00 na pobmb 1n caeba"O "00 mat:: ar a cpobmb yte 
he1yt1m "Oeri;blytl t::op.ba. 


mar a p.e "Oe1t:blytIUr "Ooëma at::mt::, rlmnn erbm50CUr 
2set::aytbm5, ocur t::wët::a11l 0 le
 "Olyte co t::}1wn nmt:: h 5 1n a. 


marpe herpa,1r lei; pach,ce"Oo connmc cen COraca1
. 


mar yte hln"OerèblytlUr rOEla at:a1t, '1' lan paë ce "00 
connmc cen co racmE. 




 Nrlt. N.,..; 
 
 tUt 
 

 'I 
 
+N-
 

. 
..ÚJih'b PI' 2.0-t, 2-0'1-, 


THE BOOK OF AICILL. 


263 


ance if there be au abettor; and full compensation after THE BOOK 
death, when there is no abettor, and if there be an abettor AI

. 
it is half compensation he pays. 
If it was in idle play, he pays three-fourths of sick- 
maintenance until death, when there is no abettor, and one- 
fourth and one-eighth of it, if there be an abettor; the three- 
fourths of compensation after death, when there is no abettor, 
and one-fourth and one-eighth, if there be an abettor. 
If it was for unnecessary profit, he pays half sick- 
maintenance when there is no abettor, and one-fourth of 
sick-maintenance or half compensation, if there be an abettor. 
The exemption of animals respecting snatched 
food. 
If' 
 

 
That is, the
sensible adult Ï1t-hi s la...fu l n.ecessary- riütng 
is exempt from fines for injury to idlers, but pays one-third 
of compensation for injury to profitable workers, if he did 
not see them, or though he did see them, if there was no 
power of avoiding them; but if they could have been avoided, 
he pays half compensation for injury to idlers, and full com- 
pensation for inju'J'y to profitable workers. 
That is, the animals are exempt from liability for the food 
which they eat in snatches, 
'Íz., three bites on either side 
of the way, but so as they eat not much more, and should 
they do so eat, it (the fi'JW for if) is a sack of corn, or a fine 
for man-trespass. 
Or, the exemption as regards animals throwing 
up clods. 
That is, the animals are exempt from fine on account of 
the clods which they throw up with their hoofs when rid- 
den on
btls
. 1 
I ' I ú. 1,5 
If they are 'J'idden through 
avoidab e necessity, they 1 
are exempt f1'011'/' fine for injury to idlers and unprofitable 
workers, and it (the fine) is reduced from half' dire'-fine to 
one-third of compensation. 
If they are 'J.idòen for idle play, there is half fine 
whether they have seen or not seen the parties injured. 
If it is for
s they are 'J'idden, it is fun 
fine whether they have seen or not seen the :pa1.ties injureà. 



[tjJ 


 


, I Lo'. A' ", 
I: tMV"'" ' 



64 


tebap, U1cte. 


bta Letle r;ettach tlO md1me. 

 o.fM <6- t./1 
.1. r1an 'Oon n arLar 111 Lelne a LeUach In nÈe taU, no 
mt111e a LeUac11 na hata amU1c, 0 Lml1 a rU1'OIUE<rn ocur a 
Et11mu;<rn, ocur 0 l1a bw pr f0)1C11m'O mcb611e na hm:::aU- 
.5 mr; '1' 'Oena '01)1mt, ocur rlan a let )111' na hml1b. 
^ 


THE BOOK: 
OF 
AICILL. 


ma '00 pala fOEm1 acon Lr111'OIUE<rn no) c<t-11
1l1mUEa'O, 
l lmnn erbmÈ ocur e'LapbmÈ ann; ocur 1'lml1'Ll 11(( h((i'a co 
na comobmp, ocu1' 1'lmnn l1a 'LPI l1((pbal1n ; ocu1' '1' ce<:;fm'O 
co mb61t 'Lpwn nmd1511la '1'1n apbap t111 ((pl((l1, ma11(( 
10 pabaI' a fmU fplchnama mme. 


ma 'La pr fopcpm'O mcbe11e ocur 6'LaUmr, '1' mnml 
111'Oeltblp6 'Lopba 1m let m'LhEln 1 n6fPach OCIl1' 1 ne'Lap- 
bach; m'LhE111 a 'Lo)1ba OCU1' a 110bu, ocu}' md15111 na 
<rcha con a comhobmp .1. 1'cuab, reIche, OCl11' rUr'La; ocur 
U1'LhEln na 'LPI napban'O. 


1 


C6'Lheopa compachmË; mdlf6E'L((J1 a IWI'Lh .1. fep rcol- 
'Lm'Otl 111 con'Om'O, OCt1r fEP a'Lm'Ol na <:;6ne'O, ocu1' f6P 
cpuai)mË;i:" ocur fep 'Lmpbep'La 111 con'Oa1'O. Ocu1' com(('l) 
he bu'O feaplmme 1m 1c nm'LhE\1la fep m::m'Ol l1a LClne'O ; 
110 com<rn he feJ1 111 cpua'Om5Ô, ma 'La combpor'LUEa'O 
mJ1. 


bta ccqî.baL aetlach. 


.1. rlan 'Oon n bel per 111 ca)1ha'L '1"11 acn((ë. Slan '00 
ce bplr'Lep. 111 cap.ba'L '1"n n((enach, ((C'L n((p.((b 'Lpe hop.- 
_,-bl((ch((r; ocur ma'O e'O on, '1' pach fO mcne'O.(( fata ((1)1. 
Ocu1' }'1((\I 'Opl1111 c(()1ba1'L ce r051m'O 111 c((p.ha'L )11 1"U1ll, a(;lj 



THF. BOOK OF AICILL. 


265 


The exemption as regards fire on the 
regards a com. 

 
That is, the person is exempt fl"Om liobility who 
 
together the fire on the hearth of the house within, or a 
coal on the hearth of the kiln outside, when it has been set 
and put in operation, and when there is no knowledge of 
excess, danger, or defect; it is a lawful work, and there is 
exemption II'on/, fincs in an respects. 
If a trespass should occur at the setting of it or at the 
putting of it in operation, there is exemption j;'mn fine for 
injul.y to idlers or1.profitable worker::; in it (the cctse); and w.vJ 
there is exemption as regards the kiln and its appur- 
tenance,>, and exemption as regards the three kinds of corn ; 
but it is the opinion of la1 1 .ycl's that there would be one- 
third of compensation as regards corn which is on the floor, 
unless it were for negligence in 
llindin g it. 
If there be knowledge of excess, danger, or defect, it is 
like a case of \lllD..eC
'Yi}WÜt with respect to half com- 
pensation fot illjlll'ies to idlers or unprofitable workers; 
compensation for injuj'Y to profitable workel's and anirna18, 
andfVl. injw'ing the killl, compensation for the kiln with 
its appurtenances, viz., broom, hide, and tiai]J; and there is 
compensation for the three kinds of corn. ^ 
There are four recognised as jointly liable in a kiln, yiz., 
the man who cleaves the fire-wood, and the man who kindles 
the fire, and the man who dries the corn, and the man who 
puts on the fire-wood. And the man who kindles the fire 
is he who actually in thefi1.st Ü1.."stnnce is liable" for paying " Ir.Hand- 
the compensation; or it may be thp man who dries the corn, '"ano 
if he has been urged 
 . : 
The exemption as regards a chariot in a fair. 
That is, the person who brings the ch31"Ìot into the fair is 
exempt jI.O?1L liability fo/" any inju/"y done to it at thc jr1ÍJ". 
He is cxcmpt even though the chariot be broken at the 
fair, provided it wa,> not bl'Ol.eY/, through 
; 
but if it was, he shall be fined accOl"ding to the nature of 
the case. And should the chariot injure 
e, the owner 4wv (te, f"ù- 
) 
of the chariot is e},.empt fJ'OII1 liability if he were not aware 


hearth or as THE Boox 
OF 
ÅICII.l.. 


t,þ Itf4., ",pj 
 t 

Ñwt-
 
 



 



266 


tebap, 0:1 cte. 


'fHE BOOK na p.mb PI' cp.me, na et::attm1', na hmcbelte; octJr 'Oa p.mb, 
OF 
 
AICILL. '1' pach fO mcne'O a fadw mp.. 
bta C01tte combp,u
h. 
.1. rtan 'Oon c0111e m combp.O'è;sat '00 m, 0 btJr cobral'O 
.i"'bHXl) octJr t::ene octJ1' c01p.e; ocur 0 na b1a'O PI' fop.cp.m'O! 
mcbmte, na het::attmr; '1' 'Oent::a '01p.mt::h, octJ1' rtan a tet:: 
1\'1' na hU1t1b. 
O:ch
 at1,
ocp,(( 
etl 
01cht1'D aet a C01t1.e 


.1. adS co n'Oep.na upfocp.a; CP.fOICtI'O, ap. re, ac reo 111 
,t::ad '1' m cmp.l. 0 '00 ;sena 'Otl;se'O nup.rcmp, r tam L:1 
6fPm'D ocur et::ap.bal'o ann; octJr L:1ac'Cam 0 tei: '01p.e co 
t::p1an nmi:;Slna. 


bta 'ûam 'û((111'5a1., ocur 1m1'ûech
, octJr 1mwN;nechur7 
ocur ap,a
hap,. 
óbtu 'Dum. 7fLt. .,. bta 1lU 1l'Dum mU1l'D If bta 1lUltteë, Ocuflftan 'DOlb 
[un] 'DO cUlfLenn 'FO cor<:nb 0 UlUf Ene 'CUlfLCÐ 'FofLfLO. .1. ftun 'DO 1lU 
'DumUlb m ï;U1t'DO ma'C'FO'FeË;mum. OCUf 1m l'Dech'C, .1. C1'D ufLlm'Cech'C 
bel 'D. Ocuf ImUlfLE1lechuf. .1. In 'Cemmtl,snechuf UUlf 'DO mm:; ImUlë 
UfL m lluchcrn. OCU f ufLU'Ch UfL .1. cm 'Fon ufLm:;hufL bei'C, UUlfL r erom 
1Þ 1luch UfLm:;hufL u'DubfLUmufL fLomUln'D. 


.1. 1'tan '00 na 'Oammb cach U1te 111 U1te 'Oapa 'Omp.;seba 
1n co'Onac 1a'O 1na cept:: Immn, ocur Ina tuat:; 1ma111 ocur ap, 
a nmseltt:: fO fe'Omum, act:: napab t::pe blt:;b111CI fuacht::- 
11mËIt::; ocur mcro e'O on, act:: 1TIa1'a cmpt:: 1mmn, no ma1' a 
2.51n;Settt::, tan pac 'r'n t::op.bac ocu1' rtmnn 1 nerbac. 


[1n t::011bac no] m t::erbac po In'Ormf; ann; ocur 'Oama'O 
mp. p.o 111'OrmËi:ea, p.o ba'O tan f1ach 'r'n wpbac, OCU1' tet:; 
pac '1"n erbac. 


1TIa1'a tuat:; 1ma111, 110 mara fel'Om, tmi:pac11 11'111 t::op.bac 
,1D ocur rtámt::1 1 nerbac; OCU1' mepact:: a :fe'Oma 110 a tuai: 



THE BOOK OF AICILL. 

rJ1A.{- 
of its being Uft8ötlfid, or defective, or dangerous; but if he THE BOOK 
were, he shaH be fined according to the nature of the case. AI

LL. 
The exemption as regards a cauldron in boiling. 
That is, the cauldron is exempt in its boiling, when the 
food, the fire, and the cauldron are properly arranged; and 
when there is no knowledge of excess;"danger,or defect; it is a 
lawful work, and there is exemption from fines in all respects. 
But that the attendant gives notice of his putting ýv.'? cltff
 1 1AÞ 
the fork into the cauldron. 
That is, but so as he (the attendant) warns: " take care," 
says he, "here goes the fork into the cauldron." 'When he haß 
given this legal 'warning of removal, he is exempt from fine 
for inju1'Y to idlers and unprofitable workers; and it (the 
fine) is reduced from half'dire'-fine to one-third of compen- 
sation f01' injw.y to p1'ofitable w01'kers. 
The exemption as regards oxen in 
vorkin g, and in 
being--4Piven, and i n gra zi ng, and in-pwughing. 
The exemption as regards oxen, &c., i.e. the exemption in the case of the 
oxen is the same as the exemption in the case of the new-milch cows, and they are 
exempt as regards what they trample under their feet when they are in any way led 
out, i.e. the oxen are exempt from fine for the act, i.e. the injm.y they commit during 
their work. 11. be i ng d ri ven, i.e. when they are going tn a>idfi.om thei,.,Do/.k. And 
in grazing, i.e. in theirnoble
abroad in the field. And in ploughing, 
i.e. while they are at the plough, for the work we mentioned above was not ploughing. 


267 


tfL 
 


fJY.- Mt 
') 


' 


That is, the oxen are exempt aß regards everything over 
which a sensible adult conducts them in proper driving, or 
quiek driving, and in their grazing while engaged at work, 
provided it be not through wickedness they did the damage; 
and if it be, provided it be i1L proper driving, or if it be in 
grazing, there is full fine for injU1'y to the profitable worker 
and exemption as regards the idler. 
[t 'lV(f,'1 the profitable worker or the idler that made the 
attack in this, case; and if the attack had been made upon 
him, the profitable worker would he entitled to full fine, and 
the idler to half fine. 
H the injgry wvs inflicted ,in quick driving, or if it be at 
their work, there is half fine for injw'y to the profitahle 
worker and exemption as regarrls the idler; and the excite- 



f!lf 8 &'- 


ct f ítß& 31 


268 


tebap, a1cte. 


THE BOOK 1mmn 'DO reop 1Tl lete mle 'Dlb. [1n t;opbaë 110] tn 
OF 
 
AICILL, t;erbaë pO In'Drm5 an'D rln; OCUr'Dama'D mp pO tn'Drm5- 
tea, po ba'D let pach 1rln t;o1'baë, oeur Cet;hpU1me Irln 
nerbaë. 


f) CC m[b]e'Õ5 ar a cennarmb, rlan 'Dolb tn t;erbaë po 
1n'Dl'm5 ëucu co hop c1'lche, ce bet rpl'i:mf;I'Õ cen co be, ocur 
1n t;erbaë co rpl'i:m51'Õ reët;ap cplch ; cedlptl1me uat;u 1f1n 
nerbac ['DO lena'Dap amaë], C6n rplt;m5m, reët;ap cp1ch, no 
1f1n t;o1'baë co rplt;mSI'Õ I cplë; let; paë 11'111 t;opbaë can 
o r1'ltm51'D cm 1 cplë, CI'D a reët;ap cp1ë. 1 n comrOt; bel' 
mepact a re'Dma OUllPU rtn; ocur 0 paëu]' 'Dlb, 11' l((n paë 
1rln t;opbach, ocur le-c pach Ifln n61'baë. 


1mt;a, ce pia Uat;UrUm, rlmnt;1 erbms OCU}' e;:::a1'UQ15 'DO 
na l1a1)16amnmb et;appu 01l'D6In, OCUl', t;((1'Deët; 0 lelt; 'Dlpe 
,F"CO t;)lwn nmd15In((. 


Slan 'DO na hmpemnmb caë r05ml 'DO 5enat; plr na 
'Dammb ac t;appa1Tl5 a rea'Dma ocur a relQ;1l1mpam art;U, 
aë"G napab t;)le bopblaëu]', ocur ma'D e'D on, II' paë ron 
r m : h . 
D Slan 'DO na 'Dammb caë rot=ml 'DO 5enat; plr na mpemnmh, 
aët; nallab t;pe blt;b111ëe, ocur ma'D e'D on, 11' let pach ro 
mb1-cb11lëe 01'1'0, ocur me1'aët; a re'Dma 'DI rcop In lete mle 
'Dlb. 


ma t;a 'Dam bltb1ncech 1rln napat;ha1', ocur m:;a rep 
.
bunm'D ap m1''D, ocur at;a PI' mC1, 11' ulltm::m'D a C1THro 'DIC 
'DO U11e. 
manarU11 ap m1''D 1t;IP, ocur at;a a pr m('1. In neoch 'DO 
1'o1'maët; pr 'DIC 'DP}l bunm'D; In neoë 'DO popmaë"G mC}'1u 
ocur nemU}l]'ca1't;a'D 'DIC 'DO luët; apadwlp. 
1 Ifthe!f are gonefrom.-That is, if they are left by tho<e who shoult1 t:lkc care 
of them. 



THE BOOK OF AJCJLL. 


269 


ment of their work or of the q uick drivina takes the other THE BOOK 
o OF 
half off them. It 'lvas the profitable worker or the idler AICILL. 
that made the attack in this case; and if the attack had been 
made upon him, the profitable worker would be entitled 
to half fine, and the idler to one-fourth. 
As to starting from their halters, they are exemptf/'Omfine 
for injU1"y to the idler who advanced upon them to the border 
of the field, whether they be provoked or not, and the idler 
who provoked them outside the border; there is one-fourth 
fine from them for injury to the idler whom they followU 
outside the border, and who does not provoke,B or for injury B Jr. With- 
to the P rofitable worker who P rovokes b within the border. out ro..o- 
, catIon. 
there is half fine for i njU1"ing the profitable worker who b Jr. With 
does not pro\-oke B whether within or without the bOTder. -r: oca - 
This is while the excitement of their work is upon them; 
and when it has gone off them, there is full finp for Í1ljm.ing 
the profitable worker, :md half fine for injU1.ing the idler. 4!11t!rT"/ ' 
So, too, if t hP.y (fl, P. (I 1"(i4j) :1rI
 --gene-ffo m,l-ihey-1tre" exempt 
jI. (Jffl, In/Po for 1 J1 jll J OY to idlers and unprofitable workers wJw 
nwy 
.g the__ ploughmeIl--theffi6plves, and it (the 
fine) is reduced flOm half' dire '-fine to one-third of compen- 
sation in the case of pj"ofitable 'lVOl'ker8. 
The ploughmen are exempt as regards such injuries as 
they may do to the oxen in getting their work and their 
full service from them, if it be not (lone with violcl'H!e , and 
if it be, there is a fine according to the nature of the case. 
The oxen are exempt as regards such injuries as they do 
to the ploughmen, but so as they be not done through 
wickedne5s, and if so, there is halt fine upon them (the oxen) 
for their wickedness, and the e
citement of their work takes 
the other half off them. 
If there be a wicked ox in the ploughing, and its Owner 
is present, and knows of it, he pays the full amount for its 
offences. 
If he be not present, and yet knows of it, the owner pays 
the amount which his being aware of it adds to the fine; and 
the ploughmen pay that which the fact of having seen and 
not removed (tM ox) adds to it. 



270 


tebap, a, cleo 


TIlE BOOK ma t::a act::uE<rÖ alr'n air et::urrtJ, rlan 'OO1br1t1m In t::ap. 
AI
:LL. r 'n '00 'Oenum, ce bet; pr rOIn't>1 no amn61p.t::, act:: na 'Oernat:: 
Imarcp.al'O t::mr'r; octJr 'Oa 1l'Oel1nm:;, '1' ct11c re01t:: mm, pac 
rorcp.m'O rOlmelt::a rop. om, ocur mt::hEITl na ImarCr<roa '00 
s- cae 'OUlne 'Oa'Oa 'Oam 'rm ara'Ghal1; no, coma'O aen Ctt1C 
reOIt:: 'Oolb U11e, ocur comp.oln'Olt:: et::ap.ru he ro COmmr'Ol no 
ro 161t; m r'Oe. 


mmne rU11 act::u5a'Ò mrrël mp. emrp.u 7Pt, rlan 'Oolb- 
r1Um In Emm '00 bumn art::u, aCt:: na p.01b pr rOln'Ol no 
10 mmnelr'G, ocur ma t::a, '1' pac ron rat::h. 


ma 1'0 Eabal> In 'Oam la nar bo lelr, '1' CUIC reOIt:: an'O, 
pach rOlmlume. 
ma t;ucal> m 'Oam tDll<ro '1' mrl>1 na Ina'O bUl>em, '1' 
pach rOpCrml> rOl1nelt::a ror om anl>. Ocur CI7) aen l>Ulne 
l5'nral> t::mrmerc m nara'Ghmp, comal> el> bUl> ml mt::hEm 
m lae U11e ual>, noco nU11 ual> ac'G m'Gh'51n a cot::a bUl>eln. 
1\1 0, l>0110, conw'O ann 1'0 belt; w'Ghs'n a cO'Ga bu'Oe111 ual> 111 
t::an '1' r e l>elt;blrIUr 1'0 L:OlrmlrC 1m:;, OCur mara In'061-G- 
blp.IUr, '1' mt::hE,n In lae U11e ua'O. 



o 1n l>U1lle 'Gmn1C CUCU cu rr1t;al51l> co cOIn no co mbrut:: 
pnl>, acht:: muna caemnacmr a rlui';arSIl> l>0 l>ICUr tJa'O, co 
t::ml1merC EI11mp.ml> no can t::mrmerc Emmrm'O, amml 
t::orbac cen rrlt;mÌ;e he, 1 16t; rr'r bOl>eln, OCur amwl '00 
net; elEem '061t;blre mp.ba 1 let; p.e nech mle. 


15' mana caemnacalp. a 'OICUP. tJ((ü cen t::OIp.merC Em m P.aI '0, 
octJr cUTl1cbal> ann rm, amml t::orbac co rplt:mÌ;ITI he 1 le
 
1"1' bUl>em, amwl '00 n61t: elEem Inl>elt:blp.e t::op.ba 1 le
 
re nech mle. 


I Compensation for lâs own share.-This would seem to mean compensation for 
the portion of the ploughing which his taking away his ox or oxen prevented 
being performed IIn the day in question. 



THE BOOK OF AICILL. 
al.Jv,.J- 
 
If there be a particular stipulation respoeting- it between THE Boc... 
them, they are exempt fJ"O'fnliability in doing the stiplùated AI
:LL. 
ploughing, though aware of weakness or want of strength 
of the oxen, provided they dKf^hot do JD:I2:Ch beyond it; and if 
t 
they did, there shall be pai(l fm' sitch excessive wOI.k five