I I
I
l ,
t:
r
..
't
'"
...
.
J
,
,
...
.
Or
,#
" "..
.......
k
\
\..
,
1v-
r
,
,
..
.J; cl;'c j]
: r: L 1 An! (
"
1 ...
t'u.,{
,:
}f.lk rf. &,.f (,:-..4 'f 4a 9 cÍ.I ñ- .r
J
...
....
I nBFR
LrR LE W" ET 11\ "'TITUTT( ÞNJi
\. NTIQTJ iJi
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.
1r
mU\-Ó 1f'01t; he- COl'"1
1 ..-\t; 'T
n\rlr'Dder
It .....ifi 1'"'ê-'C41"P.....t{ 1)ø
t)
1r 1f c m41T fm4t11
<n
T!""i! 1 e .:4.C ne-!
41
"04f\T*:}'1\$ A(,r\
'01
1'1'0 ,rêtj! 1tð 117"<<C
t)f1]\ '11\.1C 1f4'j) C 'Or:
1J),
1ÚÍ í11411? r--1t1e-r6.1
7f,4-f,iì!"nlf- of.'ié
ffI)t'l' J1414Jt
1Í -of']' 1'1\n ffJ4.1jl
oT
c-
1t1
1'''' 1e.r
ë34.1=1r
op1í- TF:'
110311}Á7'f)'Oo11
r'T' 14C 1tJ..
t1" ..\
1\o
t:::
ñ if1 e n fr 1f4f\'"
0?1.\11
"'4'"
ñ 11Ír
rt fhif"t'e-
é 4c""f'J141114\
7f-t'4E 4G.1r?)Á1c
rn
i JrTe- 1t1f..1J11'141flr 4,1)CO
T14Ðfl.{è' "F111J"'
"f'TJ bcfñ' 1
1J111.01
Â1í
1JAlJ..of' if 1f1re'111
1ch_
"f)
<J1D"'t7f1ør'Ø 1't:"4
l'hHt1UrActJ "r...(t,e-1r" 4:mr
rn@-D01)S-,,(1-z:J 14T11
111Jlt5re-ch ff1
1)..\f'? 1r 1r.\-1J1
-4n1r e-T1
'1e-"O
011'6411:1 lÁ1'It)t
rl4.t1-o"r11
7'
"5'.\Þo.\. 1'Ø-7'D41J
1;"4b
1r-\1r4l-
...\.<("O
O
l1r1
C41b
4(.1-q.
OJ."_..v,,
11141
.. -rn
b '\\!) '
I, T: 4 11 TJ"C4
-r:4.Cn 'ooc-o'c lr l i f14Ch c4Ch$ fir 1t1
"
<\e-n
41' 1-t; 1rc
df." C4
4.n1r1r<?4;r 1
4-n
ïbk1
lí 1o-O
Y'
:'\1 r :te- oC ræ-l1? .:en r 1 r e-r.\1t
1\'1íltro ble-1
1J.1t1J'"o "
':
't'r
11
"tT}
-h
F"r
-tttJ' r,,
1\ 7
lli-liÎ 1f
-rt11t1h
l1D 1r.t1
-OOf 1 r 11' .\1't1t1 Jã1
r F1f -\er
\1'
. ?t1t\1!1=5 .:r
be- JC.(111Þè- m.d1 f1e. f r re- F1\1rnt
. 1þ'; IS f"'111/ "CDj\tU
r 41Cre-l'!,em"'1
rrf
f.
Melt;) f'r r4
11t) lf f r bt!,r- 1 re- f
7' (,!
t1q 1-:; ?t-c.4.111C4.\t1 r
eJ1 ff1
r
"08
I'
\1
C; 1.411 -:J<J n-cr -0"111 1"niD te-fr' 'Tj?Y11t1t
11'1' "Je-n
;;'rr-: è1fl '"111 TtJ1Ut1
C 1"D o
.:ðt1t\t,,;
-f1-r-t\ "01J1-
1-c:1J æ't;r.:e1111
1\111-5'.,r"1;' l
e-v .:e-:;-r': ê1 !J
lJ1
'T'''D "t:1t
r.1':J
..;f.r
1J 2f":)\.1. n t:A, 1)f11
1r
1"1 1\11 ...\ëjI-u'A':J 4'" 1.\11-1"'[7 r
rl 111"t:'Lt1r
1 t
l1)
111
11.
t1t}t1(,rZ) At1'1\1I'V
'i,\r ("'rr1(l1Mt1thí1ë-
11.:\r
11h '(
\
r
f'1ï1 ,:uf1f
r
1l
1r ti 41 -r:1ß= 111
e-rS-71e-V\7'
.41rnS: 1
)\ 10I'H\.\e-r c
1Jt
1"
1-i"c1J11 4
1 d;1) 1rt':ptl c-ttr;lcf
!1\Jb7
lo\f1
..ír.\
1Z'.' "'1""í1
vJ-\rc1-111
r':
11 .:.:rr1]'
"n....í1f .::e-:;-r;-:q '011,e- [4-\1 =--
1-=:"7' brr4
D1,71}41;J t4t1"OI11t!- 1
h41 ::1n; lfht 1'11
-r41
fj
tW-11ðÒ lm.vh'F-4':4-{1::t 1r 1rH'D!J1e.14A_1q,
t'j
ïé .,
'
ffj
1ñ' C"r1r e-P\.n
1r 1í
1.t41"dpj) 1e-rtJ.pe
\11
I
11,!,-1J1J 1
'11;
fr-"p 1r J i4E r OHl1 trn !4 7 J1J tj4:."C" 1411 .:e-1J4- 1 1t
-np1\ (\
re-T' bt e 1rj 1 4 "C4., r 1 r 4C r 1J11nLn4
'1\..1'1'4 re-l" btUH\1t7 .("
1
";J 14ur4
1114
1t) 1rt\\h4
41'D 4'.:1411) ",le-'t)1 C "11flJ1 b
tï=
OJC4n.
\r",t rt!-f\ þ"11 4114'1\"0 1r 1J,,
be-1 :; nit!
11.\r
,t_'f'r 41Cll4
-( f'J; 4=r4\t
Jl TtI
-nJ
J1"J1 ttMt f 1 r "01
"D"r.(
"- 1
"PO
ø1f4r .i1
1i 7t1
'tJ
J'r=.\"
("D -o.J
ð1'::' "''>1Ó4.
\ C 1 D .Fo
,,,,,1':.\11 'D f
T' "bf
t..q .:rr-.( r
u1í,:ö"' T\.\fl
J
J1b"(b 'D"I-lf 1,1 : f",.=fi--'
1'b 1
"
\h1C\Í111;
"jq1"f" "n\
r
1"C
1f1
f-=
""..\1'
7'Ç'.\Ú 'OJt-\î
1'" - 1. 1
" ..
b1-C r"" ':1";:'41 D. - e- of.f. "OJ Fe-rh\'C) 1-;;-
\
1S1t? ce-"c
h\4.\11Te..{ 1Je- ì
J1 f'\ Ce"h\'D
wn '1-:1 1\
k.t..\1fe-
'he- .11J4
b4'O"t.f1
..
.' -::-r
_ '.l.L ,
, "
37
'b,i Fc'
"1b 1"", U lt1 f) 111;
O
T1 1"b T1e-::7 fð11
'" un4
'S1
"'1
4 ñe-
f" Ce-n"
L1fi' -4cT F" 7'l-q 7'op
11if'C l1(L.
Òrn'11l1t" Tt1t1
1. g(t\fI "y:.1Jr!"T1J1{1r-
nJbe-
þ.
1E4'D
r
er .:1!)4\e-r "t'1il;- C1'O
r "5
,=-1J.
\n -õi .C'
e1"i1 T1.ttmO
1'1f':;'1f4ep ffð-ðð
.(fJ 1) 4 1 rn F4 r-t'(.:e-t:jceli11fJ
"
tM
-r1C ".,b1f1s.r -<<ff.er ë3éT1l']1.(\1'Û .,4'
'ffC1
1
't"
ú1 11;fl
L<o\1
1ff
r..rCe-l,! 7kT}f, 4 t
4
'1ice"C"1if
Q11f ì 1f4111 .C'r
11t
01)r "gJ,,
t)t14r-s-fJ 1T:"
i=
f7"''''Dh 1"f 4 9-n.
I5 'OT'Ortf41T'}re--1C) n4-
f'
C
r
.- q1te- 1tI4'Øf10r'1Jj '1 U 'r
'\ 1t1 1 111 t1rOC
O! b'r
r'\11\ 11fe-1' 1"m""r 1
,,4(f1
d14.rQ t\1te-
þT11'"'i"1UI
0 ,'.
ldf) "O.:l-=J -;)O"1"'
fi"1f.
S" 11f
i.\ .1."'r'41
f,ß
1\, el-I,'&t 1rbli(1l'"O.11f\\1n}'I.\
1.m"
1
1=-lr
t 1 5n 1f.(d1.:lte11i- 1Idht't"-4Q'\1r 70'04þ'ètff 'l1"'l1'Oef
.{.
"'t1tJ
14
1M
"
" @..í
Áf}""CJr J4fflt
l1"'O\,
r T
-ce
4
f41'rh-4-f}4t4pU
"D '"Oo T'o !41J14311r.r.
ti..ú\
-1J"f1M-"5".tÚ 1'!e-i
1.' 'T11r
1 rn1':11u.
1"41f1 4 -or 41 r1.\,1"O
n\
'r.\b
t
cnr
1f -3 Á1r0e1'
1""óli51'''r 4eb
1J4"t"
f'f ;21-0 1\J.(1
1,
1te- 11 J
"C'
11A'r
_
1
4.r
'11
'\'1
1,\
.1. 4%1
.{f1
lh
r 1 o\-è.U) 'i:1r bfr'1)1
"'D"J'1
;;..\111t1 l'liÍ .t1
f11-\
6'\:"'.:ï4\.1'=' t
)J1e-_ lq,
1"rl1i5
11'
1
\' 1'O "t""Áfl' w
'OlJ'e-14,
1 r
1tprc"1f.;'1T1.
4.1]1
er þe-r,\]\ .\
.,t1p1111\ 'S' 1
1T9"1\l-oftl
rw
5-r
1"0 1
ù,J\!J 41}"D ;1-oe-tl 11
'O L1 "'5
4'" 11.11rtl
4 1J1
r
ê3té"TT'-"-o 1th
.
n
"1J1 'tf1
;T1Jf -p;..\.1'o"f ðl;"0 1 r'e-
-è-.uJ '''",,
1ii"4.$ñ1.tbk
'tlr 11,""'1]\"0141
r41
kr
-n
A
ÇJ '. .st
l1 "C"n
N", l1""f. ;t}"'1;'O .:ttr Th
11'''01 110114-
cteS:\\'tnl1
15 C1eg .
1c'be1æ- 14r- 'ff1"
T\C'11-\,1èJ 1
t::l\' 1t..t1 r:T'1v Jf1dE
-114..:h\1 é
-fí)nt.
4.tUf.-o\1'1
1i-!,17J
1
r-'\''CJ'1;-
1"O.".
11.
!.:1-clJ
11
""c1
r
1
(,e-1te- 1
-r' 1}fJ'-\
.:"L-\
l-fttCf 1U'C1.l.-
1"11'0 .1-3ß.
1r
ter.\.
1
be-1(1 ...\ñ
1tcler
1
1
J11:cr "'or
e-bUl'.16e
1r
1ß.r
t1e-mÁ1Cb
t'[e- ..\.11
.:te-r 4J'n4br
]\15" t\<\r
b
.1g
'C1-r
't1ñ\11i"O
..\t1"O
1:!1
i"'
1\.111ro 1b41
1ff11,1.1
eo.11'.t11t.
\.\.7'1"\1::::]\1'D ...t.t\":' .\
'O
t 1\
"O 1'{d, 1
1411
'- .-.--
'"1=:. '?tul -O
11rr 1jj
li '\1t-i1
w1..1T'le; TJ
m
7\-r """
U11i\1'
U i\ 1 7 tlXU } ."4.1I
J17a-111
'7'b itAll
1\
1,r11-
15':'" 1,,1f111
'\1\1t.lf f11\\""CJ\{'
dot
1\04-
1\F1ttC
1! "
1'O
1]f1-<
f 0 11- r .\'t"T1.
<l .
t..\n ;J.J11f11t
':
1rt>!.
4t1"1l'1";e-1j\1c1,'C'
e-c"\\"t;
11'ê' 1m
1ílT1.
11wllj?1
O
1
c.U1
\1 J'
51\'O 1:1.t'Ô." ø 1rl
-n '00
\,.,
l1')"'þ 1\'1"00 le-c- 1\:0 -ò3
111 c
c
mf1\. 4rJ'
(1l
,t;:: ..\
F..\. J\tt}..\11J
r-
-Ut1
(f " ';JÍt"
n4\.
-.\-é
1D t41èí "dTl<(t-
\-& f"71 e .tnb
r
t(
-':-}\
1Í-ZÕ' 4111.1. b
{
7jt1 "CdT1
\J11'i-
.. fO'S 't)1"C.l1f 1 fl Jch 7
1tC f1.r r
r1.t 11
.:t "eo
111
lrt
"
f.3 " 'D
e-
-::..tc.
1}
1
"D 74
:J'tc
714"0 tJ.(r
"C"1111t 7":::1
1re-'T) 4.t"t"o\1"t:"e-"nc.\"O
q
1L
-lif1if11f11Cv
rrf11.\r .\'141
4'tJ
,,{th\111
\7'1JrI.-\11 '\111
4j,fr"1rL4.t1 ë:i.{e--o m1,ul 1b f{? f".-(J1,
11
Oh
b
\.l)..('C..\-
e-1t}rl1
rr41
'r
1.V
(11 11tt.7'
lr1
i"
"O:T7t
U1F\
n
ti r
J1 nL1 J1""3.\7\ft1"
1'1clrc._
1
...\wt' 4t!..
L.\,nf'
1if"C1 7\
111"'1't-11}"'7'1C1t"C"'1
r
l1. 1r""'l
1 tt1"C\ J1n:3..
.ê
\'T'ð
1;-'ne-l S411
l
4.
1"t1f1"\
1r..
111r
f11 'f11-rJ df-è'1\ (.t1e-b .\1'
rr,t1
"HI' Ó }"h
..,.::)<i;
'-1
a'
r;- ';
1" SJ
i"...g
t...
,...,. ,
Ij r--- .-- I)
. ,
\.) I, I
o
\..O '"1 <:&,I -: .s;;
.... IF
s:.
\
?1
"5 ;..
o.r
+-' d (J II"'-
"'1.
1 CI.. $-.
v I I
..J .
d)
. \.p ?-'J 'OJ P '";-' -"VI r- ..- -
'"
!= P :r o
'
k þ
,.- <1 ,
1\ F r-.. _).;:' _ $= ;:-...c .... ...
I r - ::;; ',.. · ..........
,..... .... -
;; J)::-
-\b f: ;:t p. ;::.. 1- - ;t b L
!
j.ß ... )ø
$:::
"-: do. ;: ;;..;: ....
"'í
t
'-1 E" ;:"-;: 1)
V
lJ
'< ç ,!;-
r
,j
':;
_
;: ;: v ró
.
_ ':,j
1. -I '-: -
;:::..
;.L
'
\';::
.\p s:: Þ
i= P '; IÞ
3 t;
()
<=! '"1
tî..:
ð ;- p ,...
,
--
P \L q
f1
$r: r-. f)
}J> ,;:
þ [ t.
\,.. '
r--
t:'
. r-
>lJ "1
P'
::-;:: \
F F ;-..,
\p
- S' ';i
-- '-'J .
::-
=tJ .,- ,.. , \\.J
\) \1),"5). · P- -1 ::r
1I.. h C f.-. -J ... ':'"IIJ f\'
h f=
.r--.... ;::-...:-
. ;: t1 ;t d) \
p r-:
p '--t
;L '-
i..-!p
K
'þ) ';! r:
;:; v ,...
!:: ;r \;t :.t.
s-
"..
, ;f\ ;.s s:
').. tLlJ-
t r _;::. \1. \'1
,
... --1
p
,
IE 'ð t
E: '1 '-1 ':::-#
.:r '
:!
--;t ;:- $:'
i: v: d)
;;..:
0)
'-. IU V'
-" -t '-' N
... i ';
.p u
tp r \1fJ
of: r-
p
:..
.
ù .
<)
f \r:-
r--; - $l.
fa :;
k)
r,
\
'-1 \- · T= 'E
.- ,
_ "f
I1I p )}\ -1 \
-- -
.; --
...
-
r
"1'-1 \ " ;t P .
'
fi r-
, t
.'J
:f- î ';: r!f if S 1
:t
rO f-...E
\h
I
\
? .,
É:
:1 '7 ;:.. "'1 ;:... d. ç '-,: 'J '
P 1J \L P
L!
j
;-
'"Î ':
G
l
,
j
,
tJ
-...
-...
\p
U. ,
r -
J-
+ :J $-
h
'1 -p
f-
r-
_ r \" ---.."
'J .., r--_
.:! þ;L-p
. '") ....-
\ "";) wt
_ p
. p , r
- "') ,.:
)In
P!:õ;:
-
P "tyZ::
- r--'V -# '; , -
#
.
"'( r-,.;-
\
\
.),oo;a
P tp
r-
).}' f! '"'f
'"1 P · j · J
\S $l.. -;:;- ;;--
___,1.1
- Þ 'J t
'
t-
0;= - ';';' -;-.
,
''I( ;r.-- p ,e. tr ;L.\
\Þ
,...
,...a 'vÞ
...
I
I
.b
J:-
P
;;
r
.
,
,.. ... <t, - P -;;;i"-..
.-- 1- . ...-
,c:L
;L
:s
. -..:
'J
.;!
,,... tiI t J r-
T-- tt.. ... $.-..... t
J
t-;:
::-;L
$L
?
tJ ;:..
-
'Nt f1-
h;t p p r: \-:; \\p f
-';J
;t
";: "; E 1=
tJ
i
r .... -
$-- f - --
-: -.,i ..h ;.L rp
'1 t:=--... ..... .. ;:: :ï
'J
Iw
ç. '1
'-1 e
p
r-- i
;
...
v..- 0 s: J:-...
,
() -!)
tJ
w
-"
Ld
),
"
:L
J::.
....-
a-
X'
,,'
-'
a..
E
:
CL
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
HI).
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
1u/'
I.L
""" .f
l;..
'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
W
du
W
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
<seds' (the fine for over using a loan), and compensation for
the excess to every person having an ox in the ploughÌ'(:Jg; or,
according to others, it might be five' seds' only for them
all, and they divide it (the fine) between them equally or
unequally.
If there be no particular stipulation respecting
((he
ploughiny
between them, &c., they (the ploughcrs) are
exempt from liability for getting the work out of them (the
oxen), provided they were not aware of any weakness or
want of strength on theÜ. }J((J"t, and if they were, there shall
be a fine according to the nature of the caße.
If an ox be yoked on a day out of his turn, there is a fine
of five ' seds,' (the fine for use), for it.
If an ox be put in a position of greater pressure"' than the. IT. Higher.
t . Ù ted . t . b th . fi Ii . I r' . · IT. Rù
S Ipl a pOSI IOn ere IS a ne or over-usmg a oan lor It. own.
And if a person should come to
t the ploughin:y,
/ ...
/
though compensation for the whole day should be sought froÍh I-
him, there shall be ?'ecove1'ccl from him but compensation for
his own share;1 or, indeed, according to some, compensation
for his own share is j.ecovemble from him when it was out of
necessity he prevented them (the pl011ghers), but if it was not
out of necessity, he pays compensation for the whole day.
As to the person who came to them with a dog or a white
sheet for the purpose of provoking the oxen, if his provoca-
tion could not be got rid of by preventing the work or with-
out preventing the work, he is considered in respect to him-
self, as a profitable worker without provocation, and aß
respects another person whom he may have injured in his
attempt, as one who raised a shout
necessary l
t.
If he could not be got rid of without preventing the
work, and then could have been got rid of,
rp"F
!0t8 hixw;e+f,
he is aß a profitable worker with provocation, and as respects
another person 1ehom he nul?} ha1:C iniurcd, as one who raised
a shout for unnecessary profit.
271
Iu Jrv
tIo. JW
L ,.t 0v
ir IiJ )
'\ O'
- ï/'/-v
272
tebap, Utcte.
TilE BOOK
OF
AICILL.
nlcro C0111c
cro a
111'
m
d)"Oo "01ëup ua"O cen 'Lmpmer C
E111mpm"O, amml erbaë cu
ll1i:'mÈ1'Ò he 1 lei:: p1r bu"Oem,
ocur amml "00 n61ch e1Eeam earba 1 let; pe nech mle.
bta cUfchech rt1ab no 'D1ltatn'D.
-' bLa cu1t;hecll rLHtb.l-rtall "DOll 'CI"DO 111111 CUIt!Slr 111 rrL6lb. Uo
"Dlp,aIll"D, .1. In æobatp,alll"D na CaIne. Cu l'Chech .1. cuèatfle 'Ceè'Ca
fill, ocur r LaIl hI I rL61b 110 1l"DIp,aIn"D, 0 blar e)'Cmlte cen co p,01b, Imme.
.
of)
l I"
t e .. .. .. .. e
(1\' arCmpe na CU1'C1;;1 'DO p1;; OCt1r 'DO 'CHmi:'. urCU11le
1n bepa mlln'D11 'Dall nac nopba. earCa11l1 1n con CII qwi::
/0 ocur co nercmpe pal> luë'L ((6n4,11' OClir aerruml1, Ocur Cll
'Leolw fU1'D1 rOllmll1 a 'D61P '1'111 1l1na'D ((11e.
earcmpe 1n con 1'O'Da1E, ocur 1nn mE1 m1p, 'DO na Ce1t;p1
commëtlb m:;a nera.
ÐV
-
'i 1. I,LI,'1f t tS'o
f-
" Ill)
'fj1,'],
'
tf. D }, 33v. n l
Í 11
.'l1
y
O'/j{Ø- .113
J
'1
earCa1p111l fprb 'L1p.e l>0 na reë'L mncromba "Oe1p. "Ol1;;6l>;
15'-CO P1E, co mI1C11l'Deë, co bp1l1EU1'Ò, co bpe1'Lllemm11, co
pp1m Eobmnl>, co mU11en'D 'LUa1Ô, pa'D luë'L aen 111' ocur
aen bmle.
?7..4ø R
earcmp.e m fl11Ô
mpp.E1 'Lall na 'Leop.a cp1ca a'La neru.
"00 mU1p, octJr 'DO 101nErechmb malla 1n ce'Lhpama'D cp1ch.
20 In cu con
m'D; nocu namU11 'Lap.ba a herCmlle no co
nl>en'Lap a mapba'Ò, ocur ce mapb'Lap., muna 101}'c'Lep, oClir
ce 101rc'Lep., malla CU1p'Lep. a lumt; pe 1'pU'Lll.
bta m05a btatt tmraebup" rop, tap, t1.15 'Cp.e1be, no t1.O'C
.
tmre'Dna.
,
'!
%.'.1. rlan "Oon mo;::;a1'D ma b!2!1} !.m_efaebup. ac a be11,fop lap.
'Lp61b1 1n pI'S. 0 'Da mpEeba 1n E111muEa'Ò ocur 111 rU1'D1UEa'Ò,
1 The sct-
pea>'.-This may have been a sort of deer-trap.
s The ho
nd mtitled to time mId notice.-For rules as to hounds" with time and
notice," [nd hounds II without time and notice," &c., vide C. 2502, ct scq.
THE nOOK OF AICILL.
273
If his provocation could have been got rid of without pl'e- THE BOOK
venting the work, he is regarded as an idler who provokes, AI
:L,
as respects himself, and, as respects another person 'l.L'hO?n he
may have i11jw'ed, as one who raised a shout of idleness.
The exemption as regards a pit-fall in a mountain
or wood.
The exemption as regards a pit-fall in a mountain, i.e. the person
who makes the pit-fall in the mOuntain is exempt. 0 r a
, i.e. in the great
of a wood. Api t - f a II, i.e. it is a lawful pit-fall; and it is safe to hare
it in a mountain or a wood, whether there he notice of it or not.
Notice of the pit-fall should be sent to the king and to
the community. Notice of the
:u;1 81wulcl be sent over
nine holdings. Notice of the hound entitled to B time and BIr. With.
notice 2 should be girq1, in presence of the people of one 'lis'-
fort and one village, þd to thrice the di5tance of watching ., r I\'
'I 3 s/..;ru..t,-
mentioned\n the other place. Notice of the hound in heat,
ntr It. 1'" Æ
and of the mad cow, should be sent to the four nearest neigh-
bourhoods.
Notice of a waif of the land should be sent to the seven
Y,J
quarters which the law specifies :-to a king, to an
'airchinnech '-dignitary, to a 'briugbaidh' -fanner, to a
brehon, to a chief-smith, to the mill of the territory, and in
presence of the people of one 'lis'-fort and one village.
Notice of a waif of the sea slwuld be sent over the three
territories nearest to the sea, and to the shipmen of the sea
in the fourth territory.
As to the mad dog :-there is no benefit in proclaiming it
(the clog) unless it be killed, nor though it be killed, unless
it be burned, nor though it be burned, unless its ashes have
been cast into a stream.
-I
The exemption of a servant, in rp.!';pp
t. of the edgeðl-
6Í::itfi axe, on the floor of a king's house, or on a road
of carriage.
That is, the servant is exempt jJ'omfine for i1IjU)'Y done
by the edge of an axe which he wields around him, at his
work, upon the floor of a king's house. When he has finished
VOL. III. T
274
Lebup.. U1cte.
'fHE BOOK OCur 0 na b1a f1r fOPCPa1'Õ na ha1cbe11e na hm::oUmr, 11'
OF
AICILL. 'Oem::a '0 1 t la n:::.
1 n a1pe1:: be1tep acon EmmUE{('Õ ocur acon rU1'01UEa1J,
rla1n1::1 erbmt; oCUr e1:::((pbm5 ann co n'Oenom a 'OltEe1J;
.>t::p1<<n nmt::hE1na a 11aer comE1l1mpa1'O, 1n cae t::opbae,
ocur 111 caë pob; ocur t::m'Oeet:: 0 let '01pe co ha1t::hð1n.
I
lf. 8
I
b,b
2.
b . If{
2,7-4-. ';
I" ,
.' 18
mar ar a lmm '00 cum'O, 11' a bet ((m((11 at::a, bta mot;a
mOEfmne, .1. mar 'Oa C1t1'O '00 CUa1'O, 11' a bmt amml a"Ca, bla
op'O 1n'Oe01n.
JD mar a r lt r 1U , 11' a bet ama11 a"Ca, bla rltren rmp1'1.
mara mmrle'O, 11' a bet amml at::a, bla cpann cU"Ca1m.
II .
1\1 0 P.Ot; 1m f8't>n a .1. no In p.ot; 1a-p.fa n't>8nann a 81mf8smn laP. ca(>,
lap. conmp..
1n 11mpe'O be1"Chep acon E111muEa'O, ocur acon t::rt11'01UE<l'O,
13 rl((1n1::1 erbm5 ocur eLapbm5 an11 CO n'Oe11um a 'OltEI1J ;
t::p1<<11 11a1"ChE111a 1 11((ef COmE1l11l1J1((11J, 111 c((ch "Cortb((C, OCur
1n cae pob ; ocur t::m'Oeet:: 0 let 'Olpe co "C)11<<11 n((1
l1la.
bLu cummte tee OCUf toru
.
.1.rlan 'Oon cuma11 'Omp a lec OCur a 1orat:: '00 cup re1C1,
.t
flr OCur ruar, 1n nmpe'O be1t::hel't acon E111muEa'O ocur acon
t::rU1'01UEa'O "Crlr OCur "Cruar. Blal1m erbm5 OCur e"Capba15
ann co n'Oenum a 'OltE1'O, "Cp1<<n nmt::hE111a a naer com5111m-
rm'O,111 cac "Copbaë, OCur 111 cac pob; OCur t::a1'Oeet:: 0 let
'01pe co a1t::h51n.
tS' 0 'Oa a1p5eba 111 5111mU5a1J ocur 111 rU1'01U5a'Õ t::uar, ocur 0
na b1<< f1r -ropcpm'O, na hmcbe11e, n(( e"CaUmr, 1rCenmanna
'00 P1<<5a1t a tet p1<<, no 11' 'Oen"Ca '01pmt::h.
I'HE HOOK OF AICILL.
:275
his work and the arrangement, and when he has no know- THE BOOK
ledge of excebS, danger, or defect, it is a lawful work. AI
:i.L.
As long as he is at the work and at the arrangement
he is exempt from fine for injury to idlers and unprofit-
able workers when he acts legally; he pnys one-third of
compensation for i,nju?y to fellow-labourers, profitable
workers, and animals; and it (the fine) is reduced from half
, dire' -fine to compensfl,tion.
If it (the axe) slipped out of his hand and inju?'ed any
one, it is to be ?'uled as is "the exemption of a servant in
his service," i.e. if it was its head that flew off a , it is to be k Ir. (fit
l l . " tl . f 1 d d . 1 " went off its
ru ec as IS Ie exemptIOn 0 s e ge an allYl head.
If it were chips that did the injury, it is to be ruled as
is " the exemption of chips in carpentry."
If it were the block that dicl the injU1'y, it is to be ?'uled
as is "the exemption of a tree in its fall."
Or a road of carriage, i.e. or the road upon which he performs his carr,r-
ing, min!J it as a way, a passage.
As long as he is at the work and at the arrangement, he is
exempt as rega?Yls fine for i11ju?'y to idlers and unprofitable
workers, when he acts legally; he pays one-third of compen-
sation for injz[ry to fellow-labourers, profitable workers,
and animals; and it (the fine) is reduced from half' dire'-
fine to one-third of compensation.
The exemption of a bondmaid respecting the flag
and kneading trough.
That is, the 'daer' -bondmaid is exempt from, liability
in putting her baking flag and her kneading trough by her,
up and down, as 10ng as she is at the work and at the
arrangement down and up. She is exempt from, fines for
injury to idlers and unprofitable workers, when she is acting
legally, but pays one-third of compensation for injz[ry to
fellow-labourers, profitable workers, and animals; and it
(the fine) is reduced from half' dire '-fine to compensation.
'Vhen she has finished the work and the arrangement of
the bnking utensiLs, and when there is no knowledge of
excess, danger or defcct, "slippings " is the rulc in this case,
or it is a lawful work.
VoL. III, T 2
THE BOOK
OF
AICILI
D"J
n, C:t:l,l
.. J-
(
jt
.)
i 1 Q, 78'. J(, tJr,.,
t1 I
Ø. v
f,
t
.,
276
Lebap. U1Cte.
Oèur <I1èe'i) Fosnuma otèena
.1. 1n n; '1' uca 'GOË;m'01 te b1r mC1 acon fO;Sl1um U1te cena,
1n cp.1atihap.; '1' amtm'O 1"11 bwr.
w
O'Þ
bta 1araCnt7a 1)1F01Cne'i)a; t7<I1P.1f1 os tan.
ð bLa 1 arach t;a .1. fLan 't>on t;1 be1f1,IUf 111 t;l!IraCt; 't>a t;IC a't>lfOlche't>.
'(:;alf1,lfl o5Lan.t.lf't>o If Ði5fLan he. 't>on t;!I1f1,If1, 't>on flf1, pne CEn
fon!Il't>m a t;!I1f1c, can flf 't>lfOlche't>a, act; 't>lfOlche't>a 't>e 't>a t;af1,a(;tal11,
If Lan. m a t;a fon!I1't>m a t;!I1f1C, If Let !Ilt; h 5 111 .
Otn 'OflP. anfll1e cen fonm'Om a timr'C, can fir '01f01che'Oa,
Icaëti '01f01Ch1'O 'Oe 'Oa tiap.aëtia1n, '1' tei; attih;S1t1; ma tia
fona1'Om a tiatr'C, '1' attih;S1n.
-
CC 'Oa nanfl1' '01f01che'Oa cu n;sabmt tipeba1p.1, '1' mtihE111 ;
munap. ;sab tipeabmp', 'r lal1 .
n1ara fir ac tn ti1 0 puca'O, ocur anflr ac tn tit p.UCUrtiap.
,rce po ;sab tip.ebmp.1, cen cop. ;sab, 'r tal1 .
mar a fir ac tn ti1 pUCUrtiap, ocur anflr ac 1n ti1 0 puca'O,
'1' a1tihE1n.
CC 'Oa fir 'Oatn;sne apaen 1m 111 nattihl1e, cu n;sabatt tipea-
Oatp', 'rtan; mun po ;Sab tipebmp1, '1' lei; attih;S1t1. CC 'Oa
1/) nanf1r etiatnEne 1mapaen, ce po ;sab tipebmp1 cen COPE((b,
'1' attih;S1n ap. a meti p.ob ratU '00 can a tieE '00 tie1'tiU;Sa'Õ.
C1'O fo'Oepa 1 batt atia fir 'Oatn;sne no eti'Oatn;sne apaen
1m tn nattihne cu n;sabatt tipebcupe, cona'O r tan ; ocur a batt.
THE BOOK OF AICILL.
277
And her other working utensils in general.
That is, the thing which she chooses to have with her at
her work generally, the sieve, fm' instance; it (the case)
shall be similarly r1.Ûed.
Tbe exemption as regards a loan destr Ô'j"1;d; tire-
befflv.ed man
completely exempt.
THE Boox
OF
AICIU..
The exemption as regards a loan, that is, the person who takes a loan
is exempt should it be onrtaken by great disease. The bel 0 v e d man is
completely exempt, i.e. the person to whom there is entire exemption is the
belond man, the man of the family who is not bound to restore it (tM loan), who
bas no knowledge of any great disease except the visitation of God overtaking it,
he is exempt. If he be bound to restore it, it is a caðe of half compensation.
A loan to a man not of the family, who is not bound to
restore it, who has no knowledge of great disease, except
the visitation of God overtaking it, is a case of half compen-
sation; if he be bound to restore it, it is a case of full com-
pensation.
'l'he ignorance of great di,>ease on the pa1.t of both with
taking of security, is a case of compensation; if he (tlæ
lendel') did not take security, he (tlw bOITOn:e7.) is exempt.
If the person from whom it was taken had knowledge of
disease, and the person who took it was ignorant, whether
he (tht?- lender) has taken security or not he (the bOITOU'CI')
is exempt.
If the person who has taken the loan had knowledge,
and the person from whom it was taken was ignorant, it is
a case of compensation.
If both have knowledge together of the safety of the
place in wh ich the cha7.ge 'lvas put, with respect to the charge,
and if security was taken,. he (tlte bOJ'1'O'lcer) is exempt;. Ir: With
if he (the bOITov:eJ") did not take security, it is a case of
:
;!
half compensation. If both are equally ignorant together
of the place being unsafe, whether he has taken security or
not, it is a case of compem;ation for his {;Tea. t neglect in m
not testing thefirrnness of his house.
What is the reason that when they have both knowledge
of the place being safe, or unsafe ,\ ith respect to the charge,
anJ security has been takcn,k it is a case of exemption; anù
278
Lebap. a,cte.
THE DOOK
a a 'Oa ftr'Otf01Cht'Oa mafl aen tm tn óm, co t1tct:afl md1E"1
OF
AICILL. ann?
1r e fa-ë fo'Oefla; 1n 'OUtne acafl facbæo 111 mt:hne 1r e
Ember t:flebUtfl1 fle rtan mt:hne, ocur COQ1 cema'O rtan;
_,'Oon 'OU111e 0 mbeflafl111 Ó111, 1r e Eabur t:flebUtfl1 fle l1mpc
a 110na '00, ocur C01fl ce fla h1ct:a mt:hE1n 111r.
I
o'V
r.w
Cy ___
bta ap,m l1p.Eat.
1 t I' t · "
. . r an '0011 t:1 betfler 111 t:aflm 'Ouara ;smt 'Oebt:a 'Oe; a
aflm ocur a et:ach bu'Oe111 rtn, no aflm ocur et:aë netë mte
/('a1' a mt:1t:ln; ocur amml 1r 'OltU1' he bu'Oéln Utte, 110 1r
amtmi'> 'r '011u1' he co flUtC1 a te-ë, 'r amtmi'> 1r 'Otter te-ë a
mflm ocur a et:mE.
mara aflm ocur et:ac netc mle 'Oafl raflu;Sa'O a fta'O-
11mrt, no I nanpr 1 necmmr; act: ma matflt'O 111 t:aflm no 111
fft:et:aë a
on pfl1mmc, '1' mpc 'OP11 btJtW1'O 111 nmflm no 111
et:m;S; ocur pac f01mfl1me 0 pne 111 Pfl flo maflba'O ann
'Oflfl bUnm'O 1n mflm no 111 et:m5; ocur aflm ocur et:aë a
commctnt:a 0 pne 1n Pfl 110 maflba'O 'Oon f1fl1mac, 111a
'011Ee'O aflm 110 et:ach.
1Þ muna mmflenn 1n t:aflm no 1n t:et:acl1 acon Pfl ammch
1t:1fl, '1' aflm ocur et:ac a commcent:a 0 pne 111 Pfl flo mafl-
ba'O ann, cona'O pach fOtm11tme 0 Pfl bUnm'O 111 mflm 110
1n emtÈ.
111 a flo pt:1fl1n fefl tmmCl1 co nafl bo 'Otler '00 1n t:aflm
.lJ'no tn t:et:ach, 'r a bet-ë amatl fefl me'OOtl;Satt:1 tan 111'01IE-
t:ech ; mana pt:1fl1t:1p, 'r a bl-ë amml fefl me'Oon;satt:1 tan
'011;st:ech, 1'lan '00 act: nafla Eaba 1me, ocu1' 'Oa tlEaba, t1'
atrec ua'Oa co tan ftacmb Eatt:1.
THE BOOK OF AICILL.
279
that when they have both knowledge equally of great disease THE BooK:.
with respect to the loan, then compensation is paid for it 1 AI
L.
The reason is: the man with whom the charge was left is
he who takes security for exemption as regards the charge,
and it is right that he should be exempt; as to the person
from whom the loan is obtained, it is he who takes security
for the repayment of his loan to him, and it is right that
compensation should be paid to him.
The exemption as regards arms
battle. -r(,,?, rfJ M' f1Æ1v ?
That is, the person who brings a weapon to a noble conflict
is exempt; this is concerning his own weapon and raiment,
or the weapon and raiment of another taken with his con-
sent; and as he himself would be lawful spoil wholly, in the
fOl'rner case, or would be lawful spoil as far as reaching half,
so in the latte'1" case, half his weapon and raiment are lawful
spoil
If it be the weapon and raiment of another a person takes
by force in his presence, or without his knowledge in his
absence; and if the weapon or the raiment remain with the
man who took them," the weapon or the raiment is to be .. Ir. Tñ
d h d fi fì . t b . d b man teitl.-
restore to t e owner; an a ne or use IS 0 e pal y out.
the family of the man who is killed to the owner of the
weapon or raiment; a weapon and raiment of the same
nature are to be given by the family of the man who was
killed to the man who killed him,b as he has a right to b Ir. Tlte
. t rw>n with-
a weapon or ralmen . out.
If the weapon and raiment do not remain with the
man who killed him,b a weapon ånd raiment of the same
nature are to be given by the family of the man who was
killed to the 71wn who mvned the weapon and raiment, and
a fine for use is to be paid by the owner of the weapon or
raiment.
If a man who kills another b knows that the weapon and
raiment are not his lawful spoil, (md yet takes the7l
, he shall
be regarded as a flùly unlawful middle-theft man; if he knew
it not, he shall be ?'Cgarded as a fully lawful middle-theft
man, and is exempt, provided he does not put them on, but
if he has put them on, he shall restore them, with full
fines for theft.
13\
':)0
18'
'('
'I 1'.trIWvrMÄ'-W{
cf .
280
tebap, a,cte.
THE BOOK
OF
AICILL.
n1a COna1na1C 1n maflba'O can 1n -eaflm no can 111 -ee-each
'00 to-e, '1' tet pach cach a1npl'; mU1lU caemnacafll-e1fl, '1
ce-ehflamta cach ampr.
bta: mt11L1n"O bte1r;h.
w -rJd4 1 / )
ø1I'(' -
ð .1. 'Oen-ea '01fla1t a ce-erce1nm cen pr e-eaUa1r; lnan'O
ocur bta 1n u1fl'O.on ce-el'cemm amach. CC PI' a -efl1Ufl, raefl
ocur fefl bte1t1 ocur fefl mU1t1n'O, '1' a lC '00 Pfl nÙl1t1n'O.
o blUr pr ac feafl ml11l1n'O, C1'O be oca mbe ma1Ue ffl1r.
'1' e fefl ml11l1n'O 1CUr, ac-e 1n n1 'Coflmwöer wcre ocur net]) =-
cJ'e fOfl fep. bte1h
1r ra1fl1mup.flo, ocur pt bt()lt, 11' l'
e fefl bte1t, 1CUr, ocur noca n1Ca11f1 raefl mmt,n't).
Btal1 '0011 -e1 '00 n1111 mbte1t '1' In mU1tenl1, .1. 'Oel1-ea
'01P.a1t ce-erce1nm m mU1tm'O.
C1'O fo'Oefla co
na 'Oel1-ea '01fla1-eh ce-ercemm 111 mU1tm'U
Jof'runn, ocur cCij1({ëcf efJ ce-erce1llm ln U1P.'O -eua1
? 1 l' e fat
fo'Oefla; mo '1' 'Oen-ea '011W1t 111 n1 U1t ac lmtua'O an mU1tl11"O
rUnn,l11 -eU1rC1,1na 111 111 Ult ac lmtua'O al1 U1P.'O -euar.
Lama na n'Oa1ne.
mar e In 'i>Ufla rce1nm cu pr e-eaUwr, tet a1-ehtj1tl 1
20nerbaë OCur 1 ne-eaflbaë. a1-eh511l 1 -eop.baë ocur 11Wer com-
ötl1mflW'O, tet '01111 ta W-ehö111 1 fluPU cu pac}'111 l1a 110b,
ocur mana faca1'O, '1' a1-e h ö 1n .
ma1
e 1n -efler rce1nm co pr emUmr, ce-ehflatmu '01fle
ta a1-eh51n 1 -eo)1bach Ocur 1 naer com ö n1mflw'O, tan '01p.e
2sta 11a1-eh51fl 1 p.upu co fa1cJ'1n na p.ob, ocur mana facw'O
l'G1fl, '1' tet 'Olfle ta a1'Ch5 1n .
mar e 111 ce-ehflama'O rCe111m co fit' e-eaUa1r, tet ['01p.e]
ta wdl ö 'n 1 nerbac ocur 1 ne-eaflbaë, tan 'Olfl1 ta a1-ehö1n 1
'Cop.bac OCur 1 naer com5mt])n, ocur flo rlUC-e tan cenu 1
3" l1 u PU.
THE -BOOK OF AICILL.
281
If a man could hayc killed another k without injuring his THE BOOK
weapon or raimcnt, but i nju1'Cd them, it (the penalty) is half- AI
L.
fine for every case of ignorance; if he could not hare so killed -
1. . t . fì I fi fì 1 . air. lfthe
fH1Jl, 1 IS one- ourt 1 ne or every case 0 Ignorance. killing
Th t . d . 11 . . d . could have
e exemp IOn as regar s a nll m grIn mg. been done.
That is, the first slipping of the mill, if there is no know-
ledge of defect, is ?'uied as if it were a lawful work; from
the first slipping forth, it is the same as "the exemption of
the sledge." If the three persons concerned, viz., the mill-
wright, the grinder, and the mill-owner were aware of a
defect, the mill-owner has to pay for it.
If the mill-owner be aware of the defect, whoever of them
(the others) might also haye be
a'llJal'e of it, the mill-owner
pays, except that which seeing 8J: not
g imposes in acldi- 'Ie....
';/ /
tion on the grinder. But if the mill-wright and the grinder
were aware of it, it is the grinder who pays, anù the mill-
wright does not pay.
The persoh who grinds in the mill is exempt, i.e. the first
slipping of the mill, is nded as if it we1'e a lawful action.
"fiat is the reason that the first slipping of the mill is as
if it wC/'e a lawful performance here, and that the first slip-
ping of the sledge ab0ve is not so? The reason is: the
action of that which works the mill, viz., the water, is more
of the ?whtl'e of a lawful performance, than the action of that
which works the sledge above, viz., the hands of the men.
If it be the second slipping with knowledge of defect,
there is half compensation for inju?'ies to idlers and unprofit-
able workers, compen
ation for profitable workers, and fel-
low-labourers, half' dirc' -fine with compensation for animals
if seen, and if not seen, compensation only.
If it be the third slipping with knowledge of defect, there
is one-fomth 'dire'-fine with compensation for illju1.Y to
profitable workers and fellow-Iabomers, full' dire'-fine with
compensation for injw'y to animals if the animals were seen,
and if not seen, it is half' dire'-fine with compensation.
If it be the fourth slipping with knowledge of defect,
there is half' dire'-fine with compensation for injuring
idlers or unprofitable workers, full' dire'-fine with compen-
sation for injUl'ing profitable workers and fellow-labourers,
and there is full' dire'-fine for injw'ing animals also.
282
tebat1. U1cte.
THE BOOK:
o
.
AICILL.
m a t:a fep. bunm'O ap. mp'O, ocur
a rael1, ocur
a fel1
btmt;l, ocur a-ea PI' ac Pl'. bunm'O, '1' ullta-eam a cmam
ulte 'OIC 'OflP. bunam.
mUna fUlt fep bunam at1 at11'O Inp., no ce bmt;, muna
ð fUlt PI' mC1, ocur a-ea PI' ac raep, 1n neoë '00 p.op.maë-e PI'
'OIC'OO raep., In neoë '00 p.oI1maë-e mCr' ocur nemup.rcap-ea'O,
'DO com1C 'OO\b e-eap.p.u.
K t-
Cm fo'Oep.a co ntcan'O fE'P. btmt;1 cm-ea In mUltm'O runn,
cen COt1 öab '00 tmm bIt; fO cln-emb, ocur co na hlcann In
10 'Dume -euar Cln-ea 11'\ Ilmc1l, manap. öab '00 tmm btt; fO
cm-eatb 1 11' e fat; fo'Oep.a; '00 Eena'O 111 -eech -eual' 111'Olt-
Ee'Õ cen co
tuml'-eea he, ocur COIt1 cema'O -ertan 111 n ttO
Etumrer-eap. he, 0 na öeba '00 tmm btt; fO cm-emb. In
1l1U1ten'O tmup.p.o, tl0CO 'OlnEne'O tn'OltEe'O muna "Stumr-eea
I.he, cO\p. ce po belt; a C111 fOP. 1n -e1 po ölUmrlf'Gat1 he.
.
i {
bta mU1t1n'D btelt.
stan 'Opp. 111 mU1ltn'O CI'O be'O öabur 1np. a 'Oa fer, CI'O
aer 'Oe1t;blp.e CI'O aer tn'Omt;btp.e.
stan 'Oon ce-e rce1l1tn na bp.o p.lr caë naen; no 'Oono,
!lO coma'O -ep.wn nm-ehpna 1na ee-e rcemm 111 caë tlaen -eIC 'DO
btelt;, ar ammt aer com ö 111mpm'Õ; ocur mt;pl1 '1'111 C111m'D
-eanatrn; ocur tet; paë ta md1ö111 '1'111 -eper rCelnm; ocur
tan paë ta m-ësln 1f1n ce-ehpama'Õ rcemm. OCUrtr UlIWtt
cer; rCe111m '00 Ep.er 'Ow n'Omn5mt;ep. caë feë-e. Ocur ma'O he
_ 1n raep facbur 'Dpoëreot fatp, '1' e 1CUr 1la paëa 1'0 U1te;
ma'O po -epe'r' 111 U1fCl 1mupp.o, ocur 111 'Opoëreot blr fmp,
'1' fep. 111 mU1tenl1 1CUr tla paella 1'0 U1le.
THE nOOK OF AICJLL.
283
If the ?nill-owner, the mill-wright, and the grinder be THE BOOK
present, and the mill-owner be aware of a defect, the ?ìLÏll- AI
;LL.
owner pays the whole amount of the damage that ?1'WY OCCU1'.
If the ?nill-owner be not present, or, though he be, if he
be not aware of the defect, and if the miÌl-wright is aware of
it, that which the fact of being aware of the defect adds to the
fine is paid by the mill-wright, and that which seeing and
not removing beasts, etc., adds to it, they pay equally between
them.
What is the reason that the grinder pays for the injuries
call,sed by the mill in this case, although he did not under-
take to be responsible for injuries, and that the man , in the cas e
I, :\.dO ..,
abov e does not pay for the injuries done by the horse, unless '" 'lV1'-
he had undertaken to be responsible for such injuries? The
reason is: the horse in the case above ?OPfeJ'1'e(1 to would do
an illegal thing, though it were not set in motion, and it is
right that the person who set it in motion should be exempt
when he did not undertake to be responsible for the injuries
it may commit. .As to the mill, however, inasmuch as it
could not do anything illegal if it were not set in motion, it
is right that the person who set it in motion should be
responsible for it.
The exemption as regards a mill in grinding.
That is, the mill-owner is exempt fTom liability for
injlO'Y to a person caught between the millstones," whether k Jr. The
persons p1 0 esent there of necessity or without necessity. two mouths.
In the first slipping of the
illiJton e, there is exemption as r"'vJ""
-: &tiP 4,
to everyone injured; or else, indeed, it may be one-third of
compensation in the case of the :first slipping forinju?'yto every
one who comes to grind, and who is regarded as a fellow-
labourer; and compem;ation for the second injury; and half-
fine with compensation for the third slipping; and full fine
with compensation for the fourth slipping. And it (the slip-
ping) is always like a first slipping if it (the mill-stone) was
fixed each time. And if an accident happens because the mill-
wright left it (the stone) badly arranged, it is he that pays '^
all these fines; if, however, it be the too great force of the I
water, and not the bad arrangement of it that caused the àêci:
<ùnt, it is the mill-owner that pays all these fines.
284
ebat
Utcte.
(r
THE BOOK
OF
AICILL
bta er:na tr:ntatl'D.
.1. 1"10:11 '0011 <::1 '00 n1 111
ii',
<<1I1'Ð 111 eto:, .1.0 <::<<1N;ebo: 111
E Il11l111 5 a -o ocur 111 rU1'Ð1UEo:iJ, òcúr 0 110: b1<< pr fopQW1"O,
110 mcbmle, 110: he<::o:U<<1r, ocul' 0 '00: Eell<::ap 1110: l1'Ðel1<::a
.(''Ð11Eteco: 1<<
na qwaco:, 0: 'Oa <::p1<<11 nr OCur o:en <::p1<<11
<::uo:r, 11" 'Ðell<::O: 'Ð1pm<::h.
ct
mo:ro: pUI111O:11'Ð '00 flOC<<1P <<1111,11' rCellmO:Ill1O: '00 P1<<E<<11
1 let fl1<<, n1 ra111 rU1'Ð1UEO:-o, OCl1r 'Ðo:ma'Ð 1"<<111 rU1'Ð1UEa-o,
'1' 0: bmt o:m<<ll ce<:: rCe1llm.
ItJ 1110: <::0: pr fO)1CflU1'Ð, 110 <<1cbelle, 110 e<::aU<<1r, 110 mo:ro:
111a l1'Ðel1<::(( 111'Ðhs<::eco: 110 facb<<1<:: 1<<<:: .1. 0: 'Ða <::p1<<11 <::ua1'
ocu1' 0: <::p1<<11 nr, b1tb111ce '00 111<<E<<111 let 11'U ; <<1<::hE11l1I1a
ce<:: C1Il<<l'Ð, lmt 'Ð1pe 10: <<1<::hE11l 1110: C11l<<1'Ð nlll<<1rn, 10:11
'Ð1pe 10: U1dlEIIl 11" III q16rt' C111.
fJ 111 <<1pe<:: beta11 acoll 5n1mUEa-o ocu1" O:COIl <::r U1 'ÐIUEa-o,
r l <<1l1n er b o:1'Ð OCU1' e<::o:pba1"O <<11'0 co 11'Ðel1l1111 a 'Ð11E1"0;
<::111<<11 11 <<1 <::h EI 11 a 111O:Sr COIll5111m11<<1'Ð, 111 co:ch <::o[p]baë, OCU1'
111 cae flOP, OCur <::<<1'Ðec<:: 0 let 'ÐIlte co ql1O:Il l1<<1dlE1110:.
bta éteraml101'5 éter.
./
;;,,1 0 5,)/
:J,D .1. 1'lo:n '0011 n eo:mllar 110: 50 cl1r 11111<<1P'Ð1, 110110: hubla
cl11' 11111<<111'01.
mo:ro: cle1'a 11e0:1ll<<1cbe11e 1<<<::, '1' po:c pal1clmC1 11l'Ð<::U
1 lmt11111'Ð, OCU1' pac colo: clU1ce 11l'Ð<::U 0: reC<::a11 l<<1tp11l'D.
maro: clero: U1cb611e 1m;, '1' po:c cola clU1ë1 1Il'Ð<::U, C1'Ð
1,0: 1<<1t11111'Ð, C1'Ð a ree<::ap 1<<1dl1111l'Ð.
1r e 1> 11' cle1'O: <<1cbm11 o:nll, Co:c11 clel' 0:)10: Il1b1<< 11111'0 110
f aebu 11.
1r e 'Ð '1' cle1' a l1em<<1Cbe11e allll, caè cler 0:11 110: ÙW 111111>
11<< fo:e buJ1.
THE BOOK 01!' AICILL.
285
The exemption as regards corn m..a haggard. TnE BOOK
OF
That is, the person is exempt fl"Om liability who makes AICILL.
up the corn in the haggard, i.e. when the work has been
finished and the
.equisite arrangements l1wde, and when
there is no knowledge of excess, danger, or defect, and when
they, viz., the ricks, has been formed into legitimate struc-
tures, in propO?,tion of two-thirds of them below and one.
third above, it is lawful work.
Should a sheaf fall from it," "slippings" is the rule in Ir. In if.
respect of it (tM sheaf) if the aJTangement be not different,
but if the arrangement be different, it (each new slipping)
is to be as a first slipping.
If there be knowledge of excess, danger, or defect, or if
they (the
.ick:;) have been left fonruxl into unlawful struc-
tures, i.e., two-thirds of them above and one-third below,
wickedness is the 1'\lle in l'espect of them ; a
l(l tlw1'e is paid
compensation for the first injury, half' dire'-fine with com-
pensation for the second injury, and full' dire'-fine with
compensation for the third injury.
As long as they (the 'I./Jorbnen) are engaged at the work
and the arrangement, and act legally, they are exempt j1'om,
fine forinju1"ies to idlers and unpI'ofitable workers; but the
'c
is one-third of compensation for illjw'y to fellow-labourers,
profitable workers, and animals, and it (the fine) is l'educed
from half' dire' -fine to one-third of compensation.
The exemption as regards a juggler and jugglery.
'J__.LI.. .
That is, the person is exempt who multittlies the juggling
spears up, or the juggling balls up.
If they be not dangerous juggles, there is a fine of fair-
play for any illjU7,ics fl"Om them within the place of pe7.-
fOl'nwnce, and a fine of foul-play for any outside of the place
of perfornwnce.
If they be dangerous juggles, there is a fine of foul-play
for injuries 11"0111, them whether within or outside of the
place of pe7j01'mance.
"Dangerous juggles" mean all juggles in which pointed
or edged instruments b are u.c;ed. b Ir. Point
"Not dangerous juggles" mean all juggles in which or edge.
neither pointed nor edged instruments b are u8ed.
286
Lebap. U1cte.
THE BooK
OF
A'C'LL.
1r e 'O 'r to: rë r ll1 'O 0:11'0, 0: r;U1nm Ime Imo:cU<<1r'O 1 b<<1te 1
mbl.
1r e 'O 'r reër;o:r to:rë}1,ln'O o:n'O a n'Out t1<rn Imo:eh 1
c1<<no:.
of bta 1atwn'l> mp.tech.
.1. rto:n 'Oon r;1 berlUr In no:runn 'O<<1rtec no: mo:rn, no
no: n'O<<1ne mo:rb. Slo:n ce uo:chn<<1ölr; r'r'n 1<<rUl1n, o:cr; no:
r;uco: o:r Ct01c no o:r pO:C<<1t he; ocur '00: -cueo:, 'r po:ch ron
rm;h.
?
/0 bta er;ap.Emp.e 1mE111n.
II C '1
1 (Q,)
Sto:n 'Oon pr e-cro:no: COI-CCln'O o:n öU111 Ime 1 r lch -C
o:n <<1rm ocur o:n e-c<<1È co:n <<1 )leöu'O pu'Oro:; no 'rlo:n '00 a
ñemömn '00 tecu'O 'OO1b co:n ca:,imo:cr;u o:qlo:no:. e..
^
.i (
B
:
bta r;um:;h r;p.e-aEo
.,..,
7I.w Ir1, ?.MÍV
(" .1. rto:n '00 no: -cum;wb tWt;1 no: -cr; no:È j <<È ror eC<<1b,
<Ii; ror o:r m <<1b, O:ö ror 'O<<1nmb, .1. '00:111e r111 -co:ncm;o:r re
f O ö<<1t n111'O lt r 'r 111 cr 1 ch, ocu1' rucro:r; reo-cu no: Cr1C1
teo o:mo:c; ocur 1'to:n co:c rOö<<1t '00 öen-co:r o:co: no:r-co:'O,
ocur o:e e-co:rrco:r<rn no: rf'-C r'U. Ocur In'Oelt;em o:r-C<<1t;e
!- fwca'O ëucu o:nn r1l1, ocur 111 co:emno:r 0: no:r-co:'O co:n 0:
mo:rbo:'O, rto: n 0: mo:rb<rn, oeur rto:n co:c o:en mUlrp-cer Ina
f1.1ch-c.
mo: -co: coemo:c-cu o:r-C<<1t;1 [öo:n 0: mo:rba:'5], 'r cu -Cr1<<n
'.:!.ull
t 'r t o: n 1<<r; bo'Oeln, oeur to:n po:c no tet; po:c 'r111 n
;. flo mo:rb<rn 1110: fuch-c.
1ro: n 'O O:-Co:tO:l1 r1<<C Ipn -C 1 1 10m O:flb<rn 1110: r1ct)-C1nr;o:n 'r 0:
fuch-c111 n rue no: reo-cu ro mup,bo:'O lIe. 1r o:nn o:-co: In tet;
po:c 111 -co:n 'r 0: rlch-C 1n n ro refl cne'O o:r corp flo mo:rb he.
'Or the ckad pe,.soRs.-The MS. here has "no nC! n'O C!1e." Dr. O.Donovan
lengthened out the last word as "'OC!n1e," persons, so that the meaning would be,
"or the dead persons. .,
1'HE HOOK OJ.' AICILL.
287
" Within the place" means that they (the spca1.s or bells) THE o
OOIt
fall round about him in the place where he is performing. AlCILL.
"Outside of the place" means that they pass out from him
to a distance.
The exemption as regards iron in slaughtermg.
That is, the person is exempt who brings the iron to
cut up the beeves or the dead peraene.1 He is exempt,
though he injures the iron, but so as he does not strike it
against a stone or a tooth; and if he do, there is a fine
according to the nature of the case.
The exemption as regards the interposer in wou nd-
mg.
That is, the impartial person who interposes is exempt, if vr.
...{-þ
he i njure th e arms or raiment of those around him, without,(
1.M 'lnM.hiu-
ffite.nding injury; or he is exempt in not allowing them to
'JU'd (nnMldH;{)
ffijw:e him if he has not power to separate them.
The exemption as regards a territory i{\ three
attacks.
That is, the occasions B of three attacks, '/,iz., an attack on B Ir. Day..
account of horses, ån attack on account of arms, and an attack
on account of persons, are exempt to territories: i.e. persons
in this case came into the territory for unlawful plunder,
and were carrying off the' seds ' of the territory; and every
injury done in stopping them, and in taking the ' seds' from
them isjustifiable. And the intention brought by the parties
was to stop them, and if they could not be stopped without
killing them, they may be killed, and there is exemption as
regards everyone killed in mistake for them. b blr.lntmir
If they could have been stopped without killing them, perscm.
one-third of the excess vf--8Ht fim:, ((bow [he ottWTí spaid
for killing the'Fft; 6';' it i
-safe to k ilLt
ves, but there is
full fine or half-fine for the person killed in mistake for any
of them. b
The full fine lies for a person killed in mistake for one of
them, when it was in mistake for the person who carried off
'seds' he was killed. The half-fine lies when a person is killed
in mistake forb one who had inflicted a wound on the body.
288
ebatt, U1cte.
/I G I7b 'j
THE BOOK 1 !1'l)61t;6m art;<<1t;e PUCa'l) CUlce al1l1 }'In, ocur mar a
AI
:LI.. l11'061t;heam maphèa, ce bert; cel1 co be c06maèt;u art;<<1t;I,
'I' co quan nupanat 'rtal1 1at; bu'Oe111, ocur tali paè '1"11
n po mapba'O 111(( pIcht;.
s- 111 U<<1p '0611ma fla ro;r:::ta 1"11, ocur mara reèt;ap t1<<1p
'Oel1ma l1a r05ta, cn> l11'Oelt;ea111 111apbt;a CI'D 111'D61t;hem
art;a1t;1 puca'O ëU1CI, '1' ClI t;fUal1l1upal1q(. 1rlal11at; bll'Del11,
oClIr lan pac 110 l61t;pach 'r'n n 110 ma11ba'D 111a 11 1è t;.
1 cplch t;aU ra111, OCt1r mara rect:ap cplë a111mch, aë1j
10 ma t;a1t; fla r601t; ap <<111'D a111më, ama1l 'rlal1 t;QU he, '1'
a111l<<1'O 'rlal1 a111<<1ë, fO a1Cl1e'D In In'D61t;1 t1l1Ca'D CU1CI, CI'D
111'D61t;em 111a11bt;a, Cl'D In'De1t;hem art;<<1t;he.
111 una ml1'D l1a re01t; ap. <<1P'D ((111U1Ch It;lp, t;abpa'D apQ'D
OCllr t;110rCa'D; ocu}' 561bl'D adTsab<<1l1a11t;<<111.
!f) 111 a 'DO 11'1l11e'D f05mlpe hl11ble01S0111 1 Cl11<<1'D CI11'Ot;<<15,
aèt; mara lnble05a1n 'r((('}1 a}1 Cl11<<1'D 11111ble
5al1 he,
aèt; mara bCOCl1e'D 110 fe1W'D <<11', 110 111ara re01t; pUca'D
t1(('D, 'I' C0111P'DI}11 a beOCl1el'Dl, 110 'D111e a ret;, can rplt;Q1FI'Ö,
'DIC 1"1'. tllar a 111a11ba'D, l}'tal1 co t;1'1a11, t1Q11' '1' Wt; 111
.lÞpne 1'0 bepa'O a ma1'bCOlpp'Dlpl.
CI'1t
I
mara lnble05<<111 l1ach 1'ae1' ap CI11t;a 111 11111ble05a111,
CI'D beoc!Hm, cm mapba'D, CI'D re01t;, l}'tal1 CO t:p,al1.
HI hmt Cl11t;aë ap m1''D al1'D 1"11, ocur 111 mt t;<<11'cf1u
'DtI51'D; 110 111 a t;a CI11t;aë a1' m1''D, ocur at;a t;<<1rcr't1 'D115''D,
2&'"CI'D beOCl1e'D, CI'D ma1'ba'D, CI'D re01t;, CI'D 111bte05<<111 'r ae 1 1
a1' Cl11t;a 11111ble05<<111, cen co be'D, '1' tal1 pac a Cl1el'Dl cal1
fl"t;a15m 'DIC 'DO l11bleoË;<<111 al1'D.
em'f
(N
f<w
(
Cf ð'h2 Ð f't?
THE BOOK OF AICILL.
289
The intention brought to him in that case was to stop THE BooK
OF
them, but if it were an intention to kill them, whether it was AICILL.
possible to stop them or not, it iB-to..zone-third of the exæss [14
J ,,
tA
of the one fine above the other t !ill }'8nalé:J "huB extðn d; 01'
f4i1-o I
t ooc is cxem ption-f'or-killÍ"ng- tlmnsftVBS, and full fine pay. "-
abw for the man killed in mistake for them.. k Ir.lnth,ir
This is at the time of committing the trespass, and if it ;
:;n':"
be not at the time of committing the trespass, whether it is
an intention of killing or an intention of restraining that was
brought to him, it is to one-third of excess t he penalty 81t.a1l,
ext end. 'l'1Jere is- e.xemp.tiog for kj lling tbgm""lVf
s, and
there is full fine or half-fine payable for the person who was
killed in mistake for them...
This was in the territory within, and if it be beyond the
te
itory outside, and if the' seds' be forthcoming outside, as
they would be exempt inside, so would they be outside,
according to the nature of the intention that was carried
thither, whether it was intention of killing or intention of
restraining.
If the' seds' be not forthcoming outside, let him give
notice and fast; and let him distrain afterwards.
If
s has been committed against a kinsman for the
defatùt of a debtor, and if he be a kin;:;man who is exempt
from the liabilities of a kinsman, and if it be a life-wound
that has been inflicted on him, or if it be 'seds' that have
been taken from him, body-price for his life-wound, or 'dire'-
fine for his 'seds' is to be paid him if he have not given
provocation. b If he has been killed,c he (the debto?') is then
exempt so far as one-third, for it is the family that would
take his death body-price.
If he be a kinsman who is not exempt from the liabilities
of a kinsman, whether it be a life-wound, or killing, or talâng
<<,way of' seds,' there is exemption as far as one-third.
The criminal is not present in this case, and there is no
offer of law; or if the criminal be present, and there is
offer of law, whether it be a life-wound, or killing, or taking
away of' seds,' whether it be a kinsman who is exempt from
the liabilities of the kinsman or one who is not, it is full
fine for the offence that shall be paid to the kinsman, if he
have not given provocation. b
VOL. III.
u
b Ir. With-
out proro-
cation
cIr.ljïtbe
killing.
t
n
jvf
t{, O-
. 71ft)
290
Lebap. CC1cte.
THE BOO& bta bancm:;ha ban.
OF
AICII.L.
6U
.1. rtan '00 na mnmb 1n c
ban'Oa '00 mat;, a ctJ1ceta
ocur a c1rbotsa '00 t;ocbmt a pa'Onmre a rer terach. 1ar
napa'O ocur 1<<r t;rOrca'O rmn, ocur mar re napa'O ocur
5 re t;rOrca'O, a reE<ro ca rat; ap a n'Oernrat;. act; mar ar rat;
nncmÈh pac, 1rpac 1n'Ot1Et;t'O at;hEabata. mar ap r
rOEta re corp, act; ma ro tar rOEmt '00 corp 'Oe, 1r tan
pac na rOI;ta ro tar 'Oe '01C an'O j ocur munar tar rOEmt
"Oe 1t;tr, 1r rtac 1mrm'O, no cuma'O pac rmCtt;.
10 bta ctJa1LLe mp.b1.
.1.rtan 'Oon t;t rmiSer 1n cumtte 1r 1n nmrbe 1<<r nabta-
a'O j ocur munar btau'O tnr, tr b,t;b,nCt '00 rt<<1;mt 1 tet; r ' r.
CC1t;hEtn 111a cet; ctna'D, tet; '01re ta mt;h51n 111 a C111at'O t;an-
rort;1, tan '01re ta mt;h51n 1f1n t;rer C111at'O.
15' bLa 'Oe1LEe 'Oae.
.1. rtan '00 na reratb an 'Oet;; '00 bett; rop a nae, ror a
nbUatmn'Oj no 1rtan '00 na mnmb an 'OetE'Oo be1t; ror a nae,
ror a nuct;, act; na pOtb Imarcpat'O t;atp1rj ocur 'Oa r mb , 'r
btt;btnce '00 p1<<Emt 1 tet; r'r. CC,t;h51n 1na cet; c1nat'O, tet;
./.t. '01pe ta att;h51n 1na ctnat'O t;anatrn, tan 'Otpe ta hatt;h;;tn
1f1n t;rer ctnm'O. Btann erPatI; ocur et;arbatÈ 111 cac
fOI;mt "00 Eenat; 1ca Eabmt 1mpu.
I Afinefor figlúing in a green._That ið, a fine for fighting in a prohibited placE',
.ueb as a green or sanctuary.
I
THE BOOK OF AICILL.
291
The exemption as regards women III a woman- THE BooK
OF
battle. AICILL.
That is, the women are exempt as regards the woman-
battle which they fight, raising their distaffs and their comb-
bags, in the presence of their guardians. This is after notice
and fasting, but if it be before notice and fasting, it is to be
considered for what reason they did it. And if it was for the
purpose of compelling the payment of debts, there is a fine
of unlawful distress /01' it. If it was for the purpose of
injuring the body, and if injury to the body resulted there-
from, full fine for the injury which has resulted therefrom is
to be paid for it; but if injUlY has not resulted therefrom at
all, it is a fine for intention, or it may be a fine for fighting
in a green 1 that shall be paid /01' it.
The exemption as regards a stake in a fence.
That is, the peraon is exempt who
up the stake in the
fence after it has been trimmed;& but if it has not been k Ir. Pre-
trimmed,. wickedness is the rule respecting it. There is pal.ell.
compensation for the first injury it causes half · dire'-fine
with compensation for the second injury, full · dire'-fine with
compensation for the third injury.
The exemption as regards a brooch on the shoulder.
That is, the men are exempt /l'um liability, if they have
the brooch on their · dae,' i.e. on their shoulder; or the
women are exempt if they have the brooch on their' dae,'
i.e. on their bosom, but so as it is not much beyond it; and
if it be, wickedness is the rule respecting it. The1'e is com-
pensation for the first injury it inflicts, half' dire '-fine with
compensation for the second injury, full · dire' -fine with com-
pensation for the third injury. The1'e is exemption as regards
idlers and unprofitable workers for every injury done in
putting it (the brooch) on.
VoL. III.
u2
O'/JJ.o 0 9
l)
Iv
THE BOOK
OF
AICILL.
292 tebap. U1cLe.
BlMD
bta a1tl'{)1p. e
. - -,
I' '.
.1. 'r 1nann 'r bta me111' mí'Odmr. In ben.
-to'r 8
D CA>k
)
8t;t1l 'Oon m
1J1' "Oon mnm) H1 "Gel"G
,
1 ben ,
J.W.,Ð'Otlt;t;ech, .1. ce"GmUln'O"Ger, OCur rop 1m mUtE "Gecr;a 'Oo
,,,,}
,J
s.;?;tL" D s "Gr U 1'Otu .1. corub 111 111 at '0 "OttEt::15 '00 nw'O hI pn .1. corab er;
"Ottt;t;ee, e"G pr', no corab 1m a rer rem '00 ne In nW'Oa
hlrln In <rnatq1ach, .1. rtan 'Oon cer;mU111'Onr a mm rO'st((
OCur a mor rOEta 11e 11e r;pelp ; tet; rwch Umt;1 1r;lr m1n
fOEta ocur mor fo;c;ta 0 r;relr' amaeh co mír, no co n'Oec
,e eu rep, ocur tan pac umh ann pn.
c(;Ý '%- 8'
'jlb 1/JfV
"
fW'P'
prv..tJ
p.sÇ8 )
tan paeh on a'Oatr;pmE 1 na mor fo;c;tm b fO èer;01r; rtan
"01 a m1n rOEta re pe r;relp; tet; pac Umt;1 1na m1n r05ta
o r;pelp 1mae co m1r, 110 co l1"Oee eu fer, oeur tan pac
umr;he al1'O r'n.
,.Cta ap 1n rtan "001brtum pn "Ofert;mn 1 CCr 111 fer ocur
ar 1n mnm, ocur ar cae n'OUlne ar a rote eln 1nbteo;c;mn
"Oaera"Oo mUln"Onr 1n pr ocur na mna. NI Utt clnr;aë
ar mr'O, 'r tan pac a cnet"01 can frl'fm51-t> '01e re hlnbteoË-
am an'O.
o Òean r'n na fUlt ae pro oeur "00 na r;uea"O a "01tp, ocur
p 1a r an mír; umr "Oa mbett; ac pr hI, no "Oa "Guct;a a "Oltp
"01, no "Omna'O 1arr an m1r, ropa"O er; I1l"Oett;blp.e, oeur tan
pach 1n'O.
l.As "'!lard! 'he jealoU3 lComan.-In the 1118. E. 3, 5, p. 38, col. J, a passage
is here found which seems altogether misplaced. It is as fonows :-
Ocuf In cu ammt Ifbaë, co f1'ltal'Òe, ma caemnaca1' et:a1'f ca 1'a'O
t'1a; mana caemnaca1' Imu1'1'O, If ammt t:01'baë co TIutal'Oe 1m cet:h-
t'ulme 1n'Ot:l 0 pa'Oa'O no. ll'Oam; ocuf If amult elsem efPa 'Olfllm no.
fOSto. '00 smm::; no. 'Omm 1'e neë mLe, mu co.emno.cmt' et:o.1'fco.1'a'O 1'1a;
muno. co.emno.co.1' Imu1'1'o If ammt e1sem In'Oeltbl1'1 t:01'bo..
And the hound is like an idler who provokes, if it can be eeparated from; if it
cannot, however, it ie like a profitable worker who provokes with respect to one-
fourth JiTl
for it from the master of the oxen; and it is like idle shoutinG to it
N-ß
'f Ilt, 90
O
Cd- Ú 7'-t
lJwþ//Þ< .(
THE BOOK OF AICILL.
The exemption as regards a woman in jealousy.
That is, the exemption as 1'egards the jealous woman I is
the same as "the exemption as regards the gratification of
desires."
The woman, i.e. the wife, is exempt from liability j01" the
jealous acts she does, provided she is a lawful woman, i.e. a
first wife, and provided this jealousy is exhibited in a proper
place, i.e. provided it is in a lawful place she does the act,
i.e. provided it be lawful jealousy, i.e. rightful jealousy, or
that she does these things to her own husband respecting an
'adaltrach '-woman, i.e. the first wife is exempt as regards her
minor offences and her great offences for the space of three
days; half-fine Ï-<3 clue from her for her minor offences and
great offences from three days forth to the end of a month, or
until she goes to live with anothel. man, and full fine is due
from her then.
Thel'e is full fine due from the' adaltrach '-woman for her
great offences at once; she is exempt as regards her minor
offences for the space of three days; half-fine is due from
her for her minor offences from three days forth to the end
of a month, or until she goes to live with another man, and
full fine is clue from her then.
Who are they upon whom it is lawful for them (jealous
'women) to inflict these injlwies?2 Upon the man and upon
the woman, and upon everyone among the family of the man
and of the woman on whom the liability of being sued as a
kinsman rests. The criminal is not forthcoming in this case,
but if so the full fine for the wound without provocation
should be paid to the kinsman in the case.
This is the case of a woman who is not living with another
man, and to whom a release fmm he1" engagements was not
given, and it is before the eJpimtion of the month; for if she
were living with a1wther man, or if her relense had been
given to her, or if it were after the month, it would be a case
of unwarranted jealousy, and there would be full fine for it.
with respect to the injuries which the oxen do to another person, if it (the hound)
can be separated from, but if it cannot, it ( the case) is like the shouting for unne-
ce...ary profit.
S To inflict these inju,'iu.-O'D. 2009 has here, from the margin of the filS.,
,. In 'Ð1t;wë nlnj;1n ocur In nmteo teD, the scratching of the nails and the
cutting by thE-m."
293
THE BOOK
OF
AICILL.
294
tebap. U1cte.
ð
tO(tJ
THE BOOK 1r e a poËaumrcapan'O r m ; ocur'Oa ma'O heal1ofjabli; 1
OF
AICILL. n'Ol1fje'O tanamnmr, cae 'rtan '01 pe pe, 'rtan '01 he '00
;sper 1 n'Ol1;se'Õ tanamnmr; cach ump 'rtan '01 he, ocur
0'D.201O. c01bee ocur enectann 'OIC pta, [OCur epIc a cne1'Oe 'Oic pta
..co comtan]. Cae ump 'rtan he co PU1C1 a tei;, '1' amtm'Õ
'rtan '01 he; ocur comap'OuEa'O 1t;lp 1n tei; 'OteEmp 'Oe ocur
m c01bche ocur 1n enectamn 'Ol1E'r, ocur CI'O pe 'Olb aca
mbta 1n Imap.cpm'O.1ccrn pe eelte.
Cach n1 1}'tan 'OlrUnn pe pe, 'rtan '01 he '00 bper 1
D n'Ol1Ee'Õ tanamnatr ; cae ni It;a ell1'c umi;, run'O l1e pe,lt;a
elplc Ualt;1 ann '00 ;spar 1 n'Ot1Ee'Õ tanamnmr.
b Ol'
O'! O'Mø, g
ç
1re'O '1' mm rOEmt an'O cae mte n1 mte no co pta In rm-
l1uEa'Õ, ocur In rUll1uEcro bu'Oem.
1r e 'O '1' mop rObmt ann cae ni O1;a fin amach.
10 bLa each echqtef, 1'C111 eoëu ocuf mt1cca.
o'b lOll
. . L-o,Jp<ð. fr.
L
rJ
-j)
..:-
.1. rtan '00 na heemb 1f1 t;per ech'Oa '00 mat; et;ul1pu
bu'Oeln.
ocur mucca, .1. 1Clft eoeu ecuftftu bu"Oem, ocurmuca ecaftftu bu"Oem,
ocur r tan "OOIb CI"O cae "01b "Oone fte chelLe. L'/11n'{ m O'/J .tÐ II)
(. bt4JJ' I/t-L 1.
2Ø bLa tmc t1ma'O, no p.un:;ech.
.1. rtan 'Oon t;1 l1mur In rCln plr'n l1c; rtan '00 ce 'Oee
In rcm t;per In ltc, no In l1c t;per m rCIn; no Cta t;Oepa m
t:et'pae et;upp.u.
1J'
'lù',
... 1 . x .. . "
1.0 ftulcec 1, .1. m "' 11' "Oec fte1ter ua'O ocur CUlCI,111 cftan"O cam.
:
Scenmanna "00 ft1asmt 1 tet ftlf, ní fmn fU1"Olu5a"O; OCUr'Da ma'O ram
rUI"01U5a"O, 11' a bIt arÏ1mt cec rcemm.
THE BOOK OF AICILL. 295
Io:z
1k
-r(Ul
She has her choice tBeH to-sepaF&te; but if she should THE BOOJ:
choose to remain in the law of marriage, in everything as A1
L.
regards which she would be exempt fl'Om liability for a time,
if not bound by the larw of marriage, she shall be exempt as
to it always, although in the law of marriage. This is when-
ever she is exempt in respect of it; and 'coib-che'-wedding-
gift and honor-price is to be paid to her, and ' eric' -fine for
a wound inflicted by hc?' is to be paid by her fully. When-
ever she is exempt respecting it as far as one-half, she is
similarly exempt; and a balance is to be struck between the
half that is due from her and the' coib-che '-wedding-gift
anù honor-price to which she is entitled, and whichever of
them has the excess let him pay it to the other.
For everything as regards which she is exempt here for
the time mentioned, she is exempt always, though continu-
ing within the law of marriage; for everything in which
she is liable to give' eric' -fine during the time stated, she is
liable to 'eric'-fine always, though continuing within the
law of malTiage.
" Minor offence" means every kind of injury up to blood-
shedding, and bloodshedding itself.
"Great offence" means every injury from that out.
The exemption as regards horses in horse-fights,
both horses and pigs.
That is, the horses are exempt as regards the horse-fight
they wage among themselves.
And pig!, i.e. between horses among themselve! and pigs among themselves;
and they are exempt fi'om liability for whr.tever injury each of them may do to
the other.
The exemption as regards the grinding-stone or
the crank in grinding.
That is, the person who grinds the knife on the stone is
exempt; he is exempt though the knife should injure b the b Ir. Go
stone, or the stone injure b the knife; or though the idler th,'ough.
should come between them.
Or the cra nk, i.e. the thing which runs well from hiw and to him, viz., the
crooked stick. "Slipping!" i! the rule respecting it if the fixing was not
different; but if the fixing was different, it (i.e. each fi'uh accident) is to be the
.ame as a first slipping.
rIJ.Oð :J.z-q8, 17\M W'
?W -fwciM'
m-
W1
296
tebap. mcte.
TilE BOOK
OF
AICILL.
bta cm; CU1t,.
.1. rtan 'Oon cm; m b1a'D po Eeba a rmtt ImC01met;a 'rm
t " h " " t *-
CUI I'D '00 cmt; em; act; na t;uca a 'OmnEen t;IE' no erz;mp
he; ocur 'Da t;uca, 'r ama1t z;opbaeh co napm In b1a'O, oeur
" ammt erbac can apm m cm;; ocur rtan m cat; '00 mapba'O
an'D. (
+,C
.t()Il-
f,ÇbO)
bta cm; tudlEaba1t.
O'D.201p. .1. rtan 'Oon cm: [m t;erbaeh] 111 tucEabmt atoca'O; ocur
tetpaeh ua;; 'rm t;opbac, ocur mepact; a
oça,!> '00 rcup m
lotete alte 'Oe.
O',ðJ..DII
ri M(
1l(3 bta ce
llp.a "Dln"D.
.stan '00 na cet;hpmb rep na t;utac nmb1n'O rop na rU1t
O'D. 2012. t:eCt;UEa'O ['00 calt;hem], no ce belt t;eCt;UEa'O alp, po helreea'O
lIe 'Opp bunm;;. mara rep rop at;a t;eCt;UEQ'O, oeur nip
'13 helrCe'D he 'Of1P bunal;;, 'r melc no pac 'OUnacmt,.
.1. a ronnu'D ocur a ratu'O, oeur U1p mm a commeent;a
If 8b, 2." t' t;ap u elf!. 8l:mËe ro na plEmb, ocur tuachmp ro na
Epa'Oalb otu rm amae.
,
)
tIJ.
' V)
>\(
O'D.2012. Fep. a P.01"Ò, [110 Ê01"Ò].
.fD.1. mara co'Onach po t;mpEe"O 'rln pe compalc a 1WIt;It:1n
a pnecalpe, oeur n1 rUlt em ac m t;1 po t;mp5'ïGap, no ce
belt alCI, po hln'Olr, CI'O beoene'O, CI'O mapbene'O 'rtan.
ma t;a Cln aiel, oeur n1p1n'Olr, el'O beocne'O, CI'D mapbene'D,
'r tan pac In 'Dume 1 pueQ'D mEI'D amach he, act; ma po
1 A cat in a kitchen.-The rule about the cat in D'Achery's Capitula Seleeta
Canon"m Hibel.nenøium is different: "Hiberoenses dicunt, Pilax si quid m3Ii
fecerit nocte non reddet dominns ejus; in die vero, nocens reddet," p. 505. O'V.
2012 has some further rules on t1:e subject, which will be given in the appendix.
· Pleasant hills.-This seems to refer to hills on which meetings in the nature of
courts were held, but the article Is imperfect in both copies, i.e., in E. 3, 5, and
Egerton Plut. 90.
· A fine çf .ack..- That is, a fine comlsting of . sack of wheat, 8 sack of oats,
THE BOOK OF AICILL.
297
The exemption as regards a cat in a kitchen.) THE o
ooJt
That is, the cat is exempt þ.om liability for eating the AICILL.
food which he finds in the kitchen owing to negligence in
taking care of it j but so that it -W
not takw from the
?f.o'Ý
4--
security of a house or vessel; and if it w
taJreÐ, the case
as 1.egm.ds the food is like that of a profitable worker with
a weapon, and the case ((,8 1'eganls the cat is like that of an
idlerwithout a weapon; and it is safe to kill the cat in the case.
The exemption as regards a cat in mousing.
That is, the cat is exempt fl'orn liability for injuring an
idler in catching mice when mousing j and half-fine is due
from him for the profit<'1He worker
vhom he may il1j !l1'e, and
the excitement of his mousing takes the other half off him.
The exemption as regards cattle on a hill.
That is, the cattle are exempt frmn liability in eating the
grass of the pleasant hills,2 which is not appropriated, or
though appropriated, respecting which permission was given
by the proprietor. If it be grass which is appropriated, and
permission has not been
y. the proprietor, there is a
fine of sacks,3 or a fine for man-trespass for it.
That is, if it be a hill f01' rneetings, and if it has been cut
up, it is to be beaten down and trampled on, and fine clay
of its own nature to be put on it afterwards. And if a
meeting is to be held on the hill before the gl"Uss has1"Clll1'ned
to its original state, clothes O1.e to be spread under kings
and rushes under the grades from that out (inferi01' grades).
A man 'Wounded in the field of battle. 4
That is, if it be a sensible adult that is drawn into the
combat-field with the consent of his family, and if there
was no crime cha1'[Jed upon the person who drew him, or
though there were a c1La1'[!e he avowed it, whether life-
wound or death-wound ensues, he is exempt. If there was
crime charged upon him and he did not avow it, whether
life-wound or death-wound, it is the full fine of the person
and a sack of barley. This appears to have been a common fine among the
ancient Irish.
· A man wounded in ll,ejiÛd of baltle.-Here, it is said, Cennfaela's part of the { J N ß.
treatise begins, the previons part having been considered the work of king Cormac, 'If' f 4, I'Z- f .
298
tebap. mete.
M'-cl3
THE BOOK bát;up a fme ap mp'O, mara beocne'O mara mapbcne'O, 11'
AI
LF'tan. mana pa b<rcup a pne ap mp'O, [ae
mara beocneiS],
O' D.201 3. 11' t: n ; mar a mapbcne'O, 11' pac bmr ecü1p.
CI'O fo'Oepa cona'O rtan '0011 n 1 puca'O mÈ1'O an'O 1'0 he
o be1
a pne ap Ulp'O, ocur co fUlt pach bmr ecOlp on
'Oume
att 1 bmt a
a, a'Obonnap '00 ftmt;, '00 ectmr, '00
O'D. 2013. fopftmt;, ocur '00 annOI
, ocur '00 mmt;p1 [.1. '00 fllle a
ma
hap] 1 11' re fat fo'Oepa, 1n'Ot1b
ee 'Don 'OU1ne ml'D-
r a 1't>e 'Oume 'DO
1'Dnucut no cupo upfocpa'D 'DOIbrem, ump
IDm fer na bla'O 'D1b 'Dume 'Oamu'O mt a fuartuCa'O; ocur
COlp ce po belt pach bmr ecOlp mp, ump na 'Oepna a
fupfocpa.
11' e fat fO'Oepa, fU1PIP1U'O
nmmcte 'Oap a In'OeOln U1t
ap 'Ou1l1e an'Drmn, ocur COlp ce no belt; pach bmr ecü1p on
,,"t;1 po mapbur
ap. he, cen a
mrbena'D 'DO cae aen bu 'OOIe
'Da uartuCa'D; no coma'D 011 n po t;1'Dnmclft;ap he '00 belt.
SUnn 1muppo, cunnpa'D pe CO'Dnae 'DO p1ne 111 'Dume an'D ro,
ocur 'Da 'Demn 'DO eum'O 1I1'D, ocur COlp cema'D rtan 'Don n
TtO mapbur
ap he, 0 b61
a pne ap mp'O.
201 n
eco'Dnach po
mpb1r
aplf1n pe compmc a hm
I
1I1
a pne ocuf a co'Onae, ocur m fU1t C1n ac In n po
mpb1r-
O'D. 2013.
ap, no ce belt mCI, po 1I1'D1r, mara mapba'O [Ir rtán 'Don d
pucuft;ap,ocur '1' rtán 'Don d 1 pucur
ap a5m'D]; 'rtan,
ocur mar a beocne'O, 11' COlpp'01pe a beOCne1'D1 'DIC plr.
:lS- ma
a cln mce ocur I11p1n'D1f, no mar a necmmr a CO'D-
nacu, Cia po h1l1'D1r cen COp1n'Dlr, C1'D beocne'D, C1'D mapb-
cne'O, 11' tan flach.
1 . Annoit'-church.-Vid. Bupra, p. 65, note 2.
THE BOOK OF AICILL.
299
against whom he has been brought out he is liable for; but if THE BOOK
his family were present, whether it be life-wound or death- AI
:;'L.
wound, he is exempt. If his family were not preßent, and
if it be a life-wound, i t (t],
'P".:iUÛty) t& fu U1f,ne; if it be a
death-wound, it (the penalty) is a fine for unjust killing.
'Vhat is the reason that the person against whom one was
brought is exempt here when his family are present, and that
a fine for unjust killing lies against the man who drew him
in the case,a where it is said: "Let it be proclaimed to the "Ir. Wi/Mn.
chief, to the church, to the sub-chief, and to the' annoit'-
church" and to the mother's people, i.e., the family of the
mother." The reason of it is, it is unlawful for the person
here to deliver a person up until he has given notice to these
pw'tiÆs, for he does not know but that there might be one
among them who would like to ransom him; and it is right
that there should be a fine for unjust death upon him, because
he had not given the notice.
According to othel's, the reason of it is, the result of having
delivered up a man against his will is charged upon a person
here, and it is right that there should be a fine for unjust
death 'j'ecovemble from the person who killed him, without
having shown him to everyone who was likely to ransom
him; or, it (the fine) may be 'j'ecove'j'ed from the person who
had delivered him up. N ow, in this latlel. case, it was an
agreement that the person 'who delivered him up had made
with a sensible ndult, and it was with his own consent he
went there (to the battle), and it is right that the person who
killed him should be exempt, wþen his family were present.
As to the non-sensible person he ha,s drawn into the com-
bat-field, with the cognizance of his family and his guardians J>. b Ir. St:1I8Ì-
h h h .3.. h .. . f: It . f h .' bleadult..
w en t e person w 0 U.1"ew lID IS not In au , or I e IS,
he avows it, if death ensues the drawer is exempt, and the
person who came to fight against him is exempt; he is exempt,
but jf it be a life-wound, body-fine for a life-wound shall
be paid by him.
If he is in fault and did not avow it, or if it was in the
absence of his guardians b the occu'j.'j'ence took place, whether
he avowed it or not, whether life-wound or death
wound, it
(the penalty) is full fine.
300
tebap. U1cte.
THE BOOK
OF
AICILL.
1n 1)Ume , puca'O amach he, act; ma po bat;up a co'OnmE
ap mp1), I I' tan ; mara beocne1), 'I' le
c01pp01pe a beocnel1)e
1)IC plr. Ocur 1 PICt; c01)nmI;, ocuT' 'Oa ma'O a PICt; eco1)nmI;
po b(1) lan C01pp1)lpe.
s mar a necmmr a c01)nac, CI1) beocne'O CI'O mapbcne'O,
'I' 1e
C01pp1)ípe a beOCI1e11)1 1)IC plr; Ocur 1 P'Ct; C01)llaIÈ.
Ocur 'Oa ma1) a plet; eC01)nars, po ba1) lan C01pp1)lpe.
. L
N/ù WI.- ( ,"-
m ara C01)n ac po t;m PEe1) I I'm cat; a m t;1 t;1t1 a 1'1 n ecm pe,
O'D.2014. Ocur 111 filll C1t1 [ac III n] po t;mpEeri
p, no ce berf C111 mCI
'0 O'D. 20]4
PO 1t11)lr, [II' rlal1] 1)on t;1 pUCUrt;ap he, ocur 'rlan 1)on n 1
l'tUca1) ab(1); ocur CI1) beocne1) CI1) mapbcne1), 'rlan.
mar a necmmr a c01)nac, ocur 111 rUit cm ac In n po
'Lmpbel'"Cap, 110 ce bel'
mCI po m1)lr, mara beocne1) 'rlan,
mara mapbcne1) 'I' tan pach.
15" ma t;a cln mCI, ocur 111P m1)lr, CI'O beocne'O CI1) mapbcne1),
'I' tan pac, Ocur 'rlan 1)on t;1 1 puca1) mEI"Ò In cae Ina1)
'Olb fin he.
1
i
(I'b 1u l l.}
C'1) ro 'Oepa cuna1) rlan In t;1 , puca"Ò mÈI"Ò 'rln ca'Lh he,
ocur nae 1'lan 1)on t;1 , puc(1) mI;l"Ò 'rm compuc. 11' e
:wra
r01)epa, 1)11sr;15e ca
^lna compuc, ocur lt1Ea po re'Lal1.
paprmþ , ca
ma compt1c. mara eco1)nae po 'Lmp-
be1) 'I'm ca
a m'LIt;1n a c01)nac, ocur 111 Ull CI11 ac 111 n
po t;a111.5ert;Up, no ce bel'{; ({ICI po 1111)lr, mara mapba1)
'I' lan, mara beocne1), '1' C01pp1)lpe a beOCne11)1 1)IC plr on
s-til pucuft:up he, ocur lei; C01pp1)lpe a beOC11e11)e on t;1 po
Eab na a;sm1). 1 PICt; c01)nmÈ po ;sabur'LUp Imulch ann 1'1 11
he, ocur 1)am a Plct; eco1)nmÈ, po ba'O lan pach en t:1 pucur-
'Lap he, Ocur 'rtan 'Oon t;1 1 puca1) asa1'5.
1 Into the battk.-O'D. 2014 reads "cat: COlt:cenn comaplelC1:l, a genera]
attle."
· In tluJ pe'.Bon o.f.-That i! in mistake for.
I
I
THE BOOK OF AICILL.
301
The person wh&--booagh t--
is exempt if his guar- THE BOOK
diaus" were present; if it is a life-wound, it is half body-fine AI
LL.
for his life-wound that is to be P aid b y him. So it is in ,. 1 --;; .
r. ",e""-
the person of a sensible adult, and if in the person of a bleadult..
non-sensible adult, it (the penalty) would be full body-fine.
If it be in the absence of his guardians," whether it be
life-wound or death-wound thetl ensues, half body-fine for the
life-wound is to be paid by him; this is when he is in the
person of a sensible adult, but if it were in the person of a
non-sensible adult, it (the penalty) would be full body-fine.
If it be a sensible adult that was drawn into the battle l
by the consent of his family, and the person who drew him
is not in fault, or though he should be in fault, he avowed it,
there is exemption to the person who brought him, and
exemption to the person who came against him; and
whether it be life-wound or death-wound, he is e:J\..empt.
If it be in the absence of his guardians," and the person
who drew him was not in fault, or though he was, he avowed
it, if it be life-wound he is exempt, if it be death-wound, it
is full fine he pays.
If he is in fault and he did not tell it, whether it be life-
wound or death-wound, it is full fine he pays, and there is
exemption for the person whom he was brought against in
every instance of these.
What is the reason that the person is exempt whom he
was brought against in the battle, and that the person whom
he was brought against in the combat is not 1 The reason
of it is, a battle is more lawful than a combat, and inquiry
could be made less in a battle than in a combat. If it was
a non-sensible person that was drawn into the battle by the
consent of his guardians," and the person who drew him is
not in fault, or though he should be in fault, he avowed it, if
death ensues, he is exempt; if a life-wound, the body-fine of
his life-wounù is to be paid to him by the person who drew
him, and half the body-fine of his life-wound by the person
who came against him. In the person of2 a sensible adult he
was taken outside on this occasion, and if it had been in the
person of a non-sensible man, it (the penalty) would be full
fine from the man who had drawn him, and the man whom
he came against is exempt.
it'1w fk t!
cf 0'/1, 16lf
f H
f 859f
C -,Ij-?-f, b 10
ej"
ì\ Jl.e
"
1..rAI.
. .., 0 '
.Y
V,'., "
302
tebart U1cte.
THE BOOK mar a necmmr a pnechmp.e, CI'O map.ba;; CI'O beocne'O,
AI:'r.. 'r tan pac on
t1Ucuyvr;ap he, ocur 'rLan 'Oon t;11 11uca'O
a'OmË.
ma t;a Cln mC1, ocur mp.In'Olr, no mar a necmmr a pn-
.f echm11e,cep.o 1t1'Olr cen cop 1n'Olr,CI'O beocne'O cl'Oma11bcne'O,
'r Lan pac, ocur ftan 'Oon t;I 1 t'iuca'O mÈ1;; In cae 1na'O 'Olb
rln he.
Cae bmt 'r 'Olter 1n rep. comp.mc UlLe, 'r '01L1ur a ap.m
ocur a et;ach U\te. Cae batl 'r 'OIL1ur he co t'i\1\C' a tei;, 'r
ID 'Olter a a11m ocur a et;ach co plCI a Lei;. CCpm ocur et;ac 1n
'Oulne bu'Oem r,n, no a11m ocur et;ac nelc mte ar a m
t;m.
mara ({p.m ocur et;ae n6\c mLe na ecmmr, 'r rwch r01m-
p.lme ann,,- 0 rlne r,um 'Opp bunm'O In mp.m ocuf 111
et;Gl5; ocur ruartmce'O In pne In t;ap.m fin no In t;et;ac, no
Is-apm ocur et;ac a commClnt;a; act; mame t;api;,t;ap. he It;1p
cen a tOt;,1r a 'Olter 'Oon pp ammc, ocur apm ocur et;ach a
commClnt;a 'Opp. bunm'O, CUna pach r01mp.lme.
ma po 1t;1P. 1n rep. amU1ch cuna'O apm nelch GlLe, If
0'D.2015. amUlt rep. me'Oon5mt;1 tamn'Ohst;hech he. mam [rl]t;1p.
fD 1t;1P., 'r am\1\L rep. me'Oon5mt;1 tan7)tlp:;hech he, ocur
rLan 'Oorum act; na p.o 5aba Ime, ocur ma ttO Eab, 'r am\1\L
rep me'Oon5 m t;1 tamn'OL1p:;hech he.
lr ann at;a Lei; pac cae mnpr, In ump po ret;ra'O In
map.bt;a cen In t;apm no In t;et;ac '00 mIUe'O. lr ann m:;a
iScet;hp.Ulme cac ampr, In ump na ret;a'O In mapba-ò cen
In t;apm no In t;et;ach '00 mIUe'O.
CI'O ro 'Oep.a cotwb rtan 'Oon t;1 p.o ;sabuyvr;ap 1n t;eco'O-
1wch 1 naömt; 'rln cat;h con
cenn coma11Lelöt;l, ocur co
nac rtan 'Oon t;1 po 5aburt;ap. 1 naËm;; he 'r'n nmmr'p.
3Ocomp.mcc 1 lr e rat; ro'Oepa, 'OL1p:;IËe cat;h Ina compuc,
ocur mo po rOlch a W11rmËI;) a com11uc na 1 cat;, In pe cO'Onac
J .1forB lawful.-O'D. 2014, adds-" ocur tmmmJ1.e, more fully attended,"
iliat is greater numbers are engaged in it.
THE BOOK OF AICILL.
303
If it be in the absence of his family, whether death-wound THE BOOK
or life-wound ensues, it (the penalty) is full fine from the ÅI
LL.
man who drew him, and the man whom he came against is
exempt.
If he was in fault and did not avow it, or if it was in
the absence of his family, whether he avowed it or not,
whether life-wound or death-wound ensues, it is full fine,
and the man whom he came against is exempt in each case
of these.
Wherever the combatant is altogether lawful spoil, his arms
and clothes also are all lawful spoil. Wherever he is lawful
spoil as far as one-half, his arms and clothes are also lawfulspoil
88 far as one-half. These are the man's own arms and clothes,
or the arms and clothes of another man taken with his con-
sent. If they be the arms and clothes of another man taken
in his absence, it is a fine for the wear that is due-íox-them.
T'hi" ;" -d:ll
from his family to the owner of the arms and
clothes; and the family shall redeem these arms or clothes,
or give arms and clothes of the same kind; but if they (the
arms and clothes) have not been preserved uninjured, they
are the lawful spoil of the man outside, and arms and clothes
of the same kind are to be given to the owner, with the fine
for wear.
If the man outside knew that they were the arms of
another person, he is like a fully unlawful middle-theft man.
If he did not know it, he is like a fully lawful middle-theft
man, and he is exempt, if he has not put them on, but if he
has put them on, he is like a fully unlawful middle-theft man.
It is then there is half-fine for.every ignorance, when the
killing could have been effected without injuring the arms
or the clothes. It is then one-fourth fine is to be paid for
every ignorance, when the killing could not have been effected
without injuring the arms or the clothes.
, 'What is the reason that the man who comes against the
non-sensible adult in the general advised battle is exempt,
and that the man who comes against him in the time of
combat is not exempt 1 The reason is, a battle is more law-
fuP than a combat, and the inquiry could be more easily made
in the combat than in the battle, whether it was against a
304
l.,ebap. a,cte.
e..
$0: )
,
'
II O'bb ,s:\.
D ..l D
.""'. 10 Df.,,4-
Cach bftel
hematn a bae'5 ut . ej.
.&<,U"V
O'D.2015. 1>[.1. {r.g> 11' lelr111 mbpet:,hemU1ll(epIC 11111elè Ima mbaef;-
lmt:,ep. hé 'Ok .1. é)11C a Eúbpelt'e.]
.1. mart:,pla compmn pUcurt:,ap 111 bpelt:,hem 111 EU bpet:,h,
O'D. 2Ì05. OC\1r m::a ac Eabml Imp' t:,PIa compmn, [110] CI'O t:,PIa
t al1fot:, pucurfap. hI, ma t:,a ac Eabml Impe L}l1U com)1U1n,
1 /0 enectal1l1 ua'O 1 llUp}1u'Our, 110 cumal ocur eneclal1n 1 ca111 ;
Ocur 'Ollf111a mle 'Oec 111 caè l11a'O 'Olbr111.
TUE BOOK 110 111 pe hecco'Ol1aè he, 110 111 pe 'Olll'eè 110 111 pe 111'Ollrech,
OF ,
AICILL. 110 111 pabat:,ap. a pile ap. mp.'O, 110 l1a pabat:,up.; ocur C01}1
ce po bel'l:; paè bml" ec01p. ump. l1a 'Oepl1a a wpfmf;ll'.
mar
pla al1fo
pucur
ap 111, ocur a
a ac Eabml Impl
pla Ul1fO
, let enectal1l1 al1l1 1 I1U}1)1a'OUr, 110 let enectal1n
ocur let cumal 1 Call1; 110 'Oono èena, CUl1a belt el1ectal1l1
,fIrm anfOt:;, ocur
pla anfo
belp'Ur, mal1a
U1l ac Eabalt
Impe, rlal1 '00 aè'O 'Ollf111a aile 'Oec ua1)a.
ma
}11a compm
1 a
a-l:;ap ac 111 eluEa'O, Ocur
pla com-
pU1n a
afap ac lel1amall1 ar, 110 cm
P.1a anro
a
a
hap,
mar
pla compmn m::at:,hat1 ac lel1mum ar, el1ectanl1 mp,
2Pocur'Ollf111a mle 'Oec ua'Oa.
mart:,pla al1fo
at:,at:,hap ac 111 eluEa'O, ocur
}11(l anfo
m::a ac lenma111 ar, le-l:; e111ectal1n, ocur 'Ollf1 l1a mle 'Oec.
mar
pla al1fot:, ut:,at:,hap. ac 111 elluEa'O, ocur 111 U1l ac
lenmmn ar, rlal1 '00 aë
'Ollf1 l1a hmle 'Oec ua1)a.
[) 5 "tot
D
Þ
:z5' Cach ft1'5 a t1.amu
.
^.
O'D 2016. [.1. Ir e 'O 11' 1611' 111 cach 11' plf; enectanl1 '001 I1mp a P01t:,).
.1.111 ael1ma'O panl1 pche'{; '00 PIE '{;um-l:;1 I I1ml! a pplm-
sensible adult or a non-sensible adult it was fought, or against THE BOOK:
a condemned or non-condemned man, o
whether his family AI
:;"L.
were present or not; and it is right ,that a fine for unjust
killing should be recove1'ed fmm him because he did not
make the inquiry. v
Every judge is punishable for his neglect. ø4
i.")
t' 1 s"'
Yiz., the Brehon is to pay' eric'-fine for that wherein
he is impugned, i.e. the' eric'-fine for his false judgment.
That is, if it be through malice the judge passed the false
sentence, and is adheri
o i t through m a
ce, or though he
may have passed it through inadvertence, if he is adhering
to it through malice, honor-price is clue from him in
, Urradhus "-law, or a fine of a 'cnmhal' and honor-price in
'Cain' -law; also the forfeiture of the one-twelfth in each
case of these.
If he passed it (the false sentence) through inadvertence,
and is adhering to it tbrough inadvertence, there is half-
honor-price due for it in' Urradhus '-law, or half honor-price
and afine of half a 'cumhal' in' Cain '-law; or,indeed,accord-
ing to some, there is no honor-price due for inadvertence,
and though he passed it through inadvertence, unless he is
adhering to it, he is exempt fmm liability, but his fee, the
ene-twelfth is forfeited by him. t)"
If it be through malice that he is im
eacl.!.ed, and he is
adhering to it (his sentence) through malice, or though it be
through inadvertence he is impeachecl, if it be through malice
he is adhering to it, he pays honor-price and his fee, the
twelfth is fOlfeited by him.
If it is through inadvertence he is impeached, and if
he is adhering to it (his judgment) through inadvertence,
half henor- price is clue fl'o7n him, and his twelfth is forfeited.
If it is through inadvertence he is impeached, and if he is
net adhering to it (his judgment) he is exempt, but his
twelfth is forfeited by him.
Every king is entitled to compensation f01' injury
to his road.
That is, everyone who is a king is entitled to honor-price
for injuring his road. That is, the ene-and-twentieth part
is due to the king of a territory for injuring his principal
VOL. III. X
TIlE BOOK OF AICILL.
305
.k
'4
{ltl tj"
.MJ ?
- -
,-,e. J.J.,
u
toD
I
)
/
Þr'3ttw4
ffJ
1Iv oIL-<< " 1 ,...
'lð. ('
306
Lebap. a,cte.
THE BOOK p01
;
eopa ce
hpam
ha fla aenma'O pmn'Oe pche
1
OF l
AICILL. flmp. a rOpp01
. e
h na haenmm'O pa1tl'Oe pch1
'00 rlcm::h
'SeILr e1tle 1n flatp a pr,mpon:;, 'Oa
ptan na haenmm'O
pmn'01 pCh1
'00 1n flmr a roppol
. Ocur noco fl'Sabap III
'Olb r'n 1 11t1bap, aè
1n aenbu'O pann pche
, aë
a'SabmL
o na rprl:;1b; OCUr'r ar 'Sabmp 111 aenma'O pan'O pchet::,
a
ach pI'S p1tl'Oa'O pamu'O. r
f" '1D f /).t-{ O'lt I.-D/7)
Canal' a nsabup
eopa cedlpu1mt1 11a haenma'O pmn'Oe
pChl
a
a '00 pIS
Uatr;1 1 nmp a rOppOI
? 1rcf1' 'Sabmp 0
ID na rr1r;1b, ump 1fl rr1f:e '00 Eabap ap pp1mpol
a 'Oa t::pwn
'00 pI'S
umt1, OCU1' a
ptan '00 rlmt Emlpne. 1n rpltl '00
'Sabap ap roppot:: '1' p01n'O ap '00 e
uppu. 11' e a
eop" ce
h-
pmmf:1 1n 'Oa
ptan m::a '00 PIE
umÔ '00 rrlt;, a pr'mr01
1n let a
a '00 '00 rrlÔ a rOrrOI
; C01p flO 'Oe1rme, ump
'1' 1n naenma'O pann pCh1
at::a '00 11'5
umf:1, 1tl alJl
a pp1mp01
, cema'O he
eopa cedl11amf:a fla haenmu'O
fl mfl '01 pCh1
r1tl '00 bmt '00 1n ((1p. a rop.p.ol
.
Qu-t<"Ut,
Canal' a ns<<bal1 let fla haenma'O pmn'01 pCh1
a
a '00
rlmt::h 'Se11pne 1 flmp. a pr1mp.01
? 11' ar 'Sabmp 0 fla
u"J1u
h1b; ump 1n rp.1tl '00 5abap ap pp1mpo
, a 'Oa
l1tan '00
fl15
umt1, ocur a quan '00 rlmt 5e11pne; 1n f111f:1 '00 5 a -
bap. ar ropro
, '1' p01n'O ap '00; 1tl cu
ruma a
a '00 p1Ë
umt, an'O, '1' cu
puma a lete aLa '00 rlm
h 5e11pne, umr
'1' cu
ruma lmt1 ar 'Oa
pmlllb 1n
ptafl. C01p flO 'Oe1r''Oe,
:l
ump. '1' 1fl floeflmu'O pann pCh1
m:;a '00 P15
umtl 1 flmTt
a pr'mp01
, cema'O Let 1n noeflmu'O panfl pChl
r'fl '00 belt
'00 rlmt 5mlpfle 1 flmp. a pp1mp01
.
Canal' a 115abap. 'Oa
p1an 1n noenmu'O flmn'Oe pche
THE BOOK OF AICILL.
307
road; three-fourths of the one-and-twentieth part for injuring THE BOOK
his by-road. One-half the one-and-twentieth part is dlLe AI
:;'L.
to the' Geiltine '-chief for injuring his principal road, two-
thirds of the one-and-twentieth part to him for injuring his
by-road. And nothing of these 'j.e!Jltlations is found in any
book, except the one-and-twentieth part; but they are in-
ferred from the case of' waifs' ; and the one-and-twentieth
part is inferred from 'The demand of It king for the cutting
of his roads.'
Whence is it inferred that the three-quarters of the one-
and-twentieth part are due to the king of a territory for
the injury of his by-road? It is inferred from the 'waifs,'
for, of the waifs which are found on a principal road the'j.e
co'e two-thirds due to the king of the territory, and one-third
to the' Geilfine'-chief. The waif.'! that are found on a by-road
are to be divided in two between them. The three-fourths
of the two-thirds of the waifs of his principal road that are
due to the kiug of the territory are equivalent to the half of
the waifs of his by-road to which he is entitled; and from
this it is right that as it is the one-and-twentieth part that
is due to the king of the territory for injuring his principal
road, it should be the three-fourths of this one-and-twentieth
part he should have for injuring his by-road.
Whence is it inferred that half the one-and-twentieth
part is due to the' Geilfine '-chief for the injuring of his
l)rincipal road? It is inferred from the 'waifs;' for two-
thirds of the waifs which are found on a principal road, (t'j'e
due to the king of the territory, and one-third thereof to
the' Geilfine
chief; the waifs which are found on a by-road
are divided in two; and whatever portion the king of the
territory has therein, the' Geilfine '-chief has one-half of the
same, for the one-third is equal to one-half of two-thirds. It
is right therefore that as it is the one-and-twentieth part that
is due to the king of a territory for injuring his principal
road, it should be the one-half of that one-and-twentieth part
that the 'Geilfine' -chief should get for the injuring of his
principal road.
Whence is it infelTed that it is the two-thirds of the one-
VOL, Ill. X 2
".
h (o'IJ 2-D") Iw tv ?IbJ,J
';A c/v "t,-t QM,; . 1"'1
-+
tf1>V/1It}tJ d'
'"
308
Lebap. au,te.
TilE BOOK m:;C( '00 rtrnt 561tp11e 1 l1mp a rOppQ1{;, ump nac 111'0 1 r enn
OF '/ b ..
AICILL. tebap,. 11' ar Ea ap, ar a cU1n5 rp,{;e bU'Oe111 ocur P l 5
O. D. 201 8. {;umte ap 111 [r o p]p01J 1' 111 ; ump 1n rp16 '00 t;abap all,
PP,mpO{;, a 'Oa q1.wn '00 PIE {;umte, ocu1' a {;pwn 'Oor tmt
ff O'D. 2018. E61tpne; 111 rp1te '00 Eabap ap rOppO{;, [a te{;h '00 plË
{;t1alt, ocur a tet '00 rtmt Eeltpne .1. r61re'Õ 1mrOpCpa1'O
a{;a '00 rtmt Eettpne an'O r'n '00 roma111e a rp1te rOppO{;
r ech r Oma 111e a r11.,{;h, pp1mp01{;; C01p 110 'Oe11'1'Õe, clama'O
r e1 1' e -o 1mrOpcpm-o no bet '001 I1m11. a roppon:; rech mil a
10 pp1mpOI{;; ocu1' åw mbetn a co{;a 'Ore11. rprëe a1', '1' al1'O
{;ei{; 111 combro'Õmt fl11 mp. 1{;1P. 11a rtatmb].
C1'O ro'Oepa cona'O mo '00 PIE {;Umt, a pp1mpOI{; 111a rop-
PO{;, ocup C011a mo '00 rtmt 5eltr6111e a rOppO{; Ina a
P11.lmpo{; ?
10 11' e rat; ro'Oel1a; 11111'Oltp '00 P1E {;umt;1 P1umpO{; 11la
rop.p.O{;; ocur PU1'01tf1 '00 rtmt Ee1tp11e rol'pO{; 1na pp1m-
P.O{;.
Ocur lap. mbp.et{;h co{;ac rp1tl ar, '1' a1111 m;a 111 cobfo'Omt
1'111 mp. 1n11 11a r tmt1 b; ocur a tac{; ocu1' a I1E111mpa'O '00
w cmtem '001b p11' 111 pe 1'111, ocur {;pebU1p1 0 11a rtmt:1b l1 e
rep rp1t" mar a tUEa 111a cUlnE pUCUr{;a11. fe11. rprl;l, 1mC(
rmUe'O 'Omr ec '00 0 pa r11J'Orat'Oe11. rep. bU11m'O, ocur {;pe-
bU1p1 {;ap ce11'O pp. rp1n, mara mo na CU1{;1Ë pucu
ap, 111
Imapcpm'O 'Omrec uaï> 0 p.o p11'Ofm'O{;ep. reap buna1'O.
-J-
of,fI>-
- 'I
û'bIr7If-
2.
Cach metc a macrtabp.a.
;< ,1. {;P.I mmcrtabp.a mtrep:;ap. a11'O: macrtabpa 'Oep. .1.
111'Omtem flO bm mC1 a1111r111 a {;abmtl{; ap. corc a 'Oep, ocur
1 Shall befound.-O'D. 2018, adds here: U And it is of the share of theorigillnl
owner this dh"Ísion was made, and as to what reacbes the owner, if it was fO\llld
x
L 'k 11,-'1/ f- r Jl}.
THE BOOK OF AICILL.
309
and-twentieth part which are clue to the' Oeilfine '-chief for THE BooII:
injuring his by-road, as no book states it 1 It is infeITed AI
:LL.
from his own share and that of the king of the territory, of
the waifs found on that by-road; for of the waif.,> found on
a principal road, two-third::! are dUß to the king of the
territory, and one-third to the' Oeilfine '-chief;. (md of the
waifs found on a by-road, the one-half is due to the king of
the territory and the one-half to the 'Oeilfine' -chief, i.e.
here the 'Oeilfine '-chief has one-sixth more of the profits of
the waifs of his by-road than of the profits of the waifs of his
principal road; ancl it is right from this that he should h'ave
one-sixth more for the injuring of his by-road than for the
injuring of his principal road; and after the finder of the
waif has deducted his share therefrom, it is then this equal
di ,-ision of it is made between the chiefs.
What is the reason that there is more due to the king of
the territory for Í1/jto'ing his principal road than his by-
road, and that there is more due to the' Oeilfine '-chief for
injuring his by-road than fo'l' injll7'Í'ng his principal road 1
The reason is; the principal road is more the peculiar pro-
perty of the king of the teITitory than the by-road; and the
by-road is more the peculiar property of the' Oeilfine '-
chief than the principal road.
And after deducting the share of the fincIa of the waif
from it, it is then this division of it is made between the
chiefs; and they use the milk and the labour of the stl.uy
cattle during this time, and security is git'e1t by the chiefs
to the finder of the waif, that if the finder has got less than
a finda's share, more should
e paid him in case the
original owner be found, arid security is given for the finder,
that if he obtained more than a finde'I"'s share, he shall pay
the overplus when the original owner shall be foun<P
Every son is entitled to his son-gift.
There are three .kinds of son-gift taken into consideration;
a son-gift in conswe/i"Ution of tears, i.e. he had an intention
then of giving it to hint to check his tears, and if it was not
on a chief road, it is the same as ü it was lost by a king of a territor
., and if on
a by-roatl, it is the "amI! as If it was lost by 1\ . Geilfine '-chief."
310
Lebap. a:tcte.
, cslt
1t\I
,>>,r;11
!
THE BOOK mun bu't> e't>, Ir a bm'i; amU1t 111 macrtab1ta relpCrean;
OF ,
AICILL. ocur mac rtabpa Empe ; ocur
<!.c relpren. 111 mac rtabpa
't>ep cm1\7 be pap cmn'yaH:;hbepap
In ñi 't>o bepap m't>lu
-to-".r--r D;ð IIjfr Eal;mp mp ammpech. - - - - -
5' 1n mac rtaûpa Em)1e Ir 't>lter 'Co ulte, mp cota [111't>] (.1.
ml;hEm), ocur cpu (.1. In l;ln't>a't>), ap. Ir pU1't>ter ta feme
.J! 3t",:l.0 mac rtabp,a 't>ap fota1't>. Co nachl;uËa-D 't>o mac r'n tOIE1't>-
achl; na Empe, ocur munap aël;mE, 11' comtoËu'Õ tanam-
nm1' 't>o 't>enum 't>e; noco mo belper 't>o 't>lba'Õ In m:;hap lap
/0 necmb 111 nm;hap l1a cach mac't>l1El;ee na 't>ep.na 111 'Smtle
;( .J.i:
4.et I1'6v.Y//.
cbJ'
tN
?1#-
oJl"
O
/Sl
q,wlv
1\
z.c,f t 319.
,
1n mac rtabp.a relpcren ; Ir 't>lter 111 bUna't> co PUICI reCl;
nanman't>a 't>on 111't>U't>, ocur a feEQ't> 0 'i;a rln amae, CU1C
np, CU1ch ft1lchnam; (ocur t;p1an bunm't> na reel; nanman't>a
ro) ocur anman't> a1 1 PChll; po bl all't> r,n. mUnab 1110
/ø-nml; recl; nanmanna, 11' cel;fG1't> coma't> 't>lter.
w
.
.l.v
Cacl1a Fmcl1 a mac co n'Dep.Eetcap. 'De.
Ijt/.- !If IUo. /
,
C.228.2
D, HZ"
.1. 're't> '1' telf1n fU1ce a mac co po 't>epbcennmscep 't>ß,
&,,/ co po Icl;ap. C01PPplpe ocur enectann plr fO mcne't> uppm'Õ,
no 't>eopm'Õ, no mUlpcU1p6 110 't>mp, ocur tan 1appm't> fon
20 comul; pe; ocur ml;hE111 cae nele po Ica't> ma clnm't> 't>IC
p l r. Ocur po fer a <IThmp an't> 1'111 ; ocur muna fer, 111
elplC rmp '1' tUba bUbabap 1 t1Ubap 't>IC l1la C111m't> .1. elplC
mupcmp'i;, rmp.
mar a cut;pama 111 tan po Ica't> 't>ap a cenn ocu1' In tall
L po 't>teel; 't>e, Ica't> 111 l;m;hmp be1plr Imach he In tan r'n
11.11'1 11 a{; ha1 l" Ica pmbe l;att COT'l;parl;a. ·
· A gift in con&-id.."atiolO of '1IIaintenance.-. Tllis, it would seem, was a portion
which the fatber gave to the son who was to SUPPOlt bim in his old age. This son
was usually the eldpst legitimate son, and it would appear from this article that
there wns a rcgul..r al!;reement entered into by the father and SOn for this plll'pose.
THE BOOK OF AICILL.
311
tMs intention he had, it is to be conside'j.ed as a gift to a son THE BOOK:
for affection's sake; and a gift in consideration of main- Al
:LL.
tenance ;1 and a gift of 8,ffection. The gift to a son in con-
sideration of tears is given and taken away, i.e. what is
given to-day is taken away to-morrow.
The gift to a son in considemtion of maintenance is all
due to him, both stock, i.e. restitution, and interest, i.e. the
increase, for with the Feini, a gift to a son on conditions
of .sUPPQrt is lawful. This is so when the son has made an
agreement respecting the price of his maintenance with tlte
father, and if he has not made an agreement, it shall be made
into an adjustment of' lanamhnus '-relationship; he shall not
obtain more of the father's effects after his death than any
other legitimate son who did not perform the maintenance.
As 'j.egards the gift to a son for affection's sake ;2 the stock
is his lawful right 8ß far as seven animals of the increase, and
it is to be considered frum this out, what is due for land,
and whatrforattendance; and these seven animals constitute
oue-third of the stock which consisted of twenty-one animals.
If it be not more than seven animals, the opinion of son1e is
that it is his lawful right.
Every cuckold has a right to his 'reputed son until
purchased from him.
That is, to the cuckold belongs his reputed son until he is
purchased from him by his recd fathe'j., i.e. until there 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 hint; the equivalent also of everything which
he had paid for his crime shall be paid him back. His 'j.eal
father is known in this case; but if he be not known, the
lowest' eric' -fine for a freeman that is found in a book is to
be paid for his crime, i.e. the 'eric' -fine for a free foreigner.
If the full fine which has been paid for him be equal to
the full fine which he owed, the 'i.eal father who takes him
away shall pay that full fine to the 'i.eputed father with whom
he has been hitherto.
I The gift to a ,onfol' affectioll" ,ai'e.-In c. 1:!28, this is said to be in amount
. a . colpach '-heifer. or a '.nmhai'1' -heifer, or n milch cow."
[,.
312
tebap. akte.
TIJE HoOlc mara Cut;p.uma tan 1n mhap. p.UCUrt;up. he ocur tcm
OF
AICILL. 1n m;hap. 0 pUcal>, 1Cal> 111 t;at;half1 rucup::;ar he a tan
bUl>e111 p1f1n nat;hmp. 0 pucaf>. mara mo tan 1n adJap. 0
p.ucal>, 1Cal> 1n t;at:hmr rUCUrt;ar ((mUlE, ma CU1m;S1l>, ocur
ómana CUlmöenn, 1Cal> bU'tJe11l a l>Uat;sur a relttef>a; no '1'
a 1C l>on mhmp. a l>Uat5ur reanfocmt. -
?
mar a tUEa 1n tan po 1Cal> l>ap. a cenn na 1n lan r o
l>lecht:; l>e, 1ca'tJ 111 t:;m:;hmtl bepur 1mach he l>1;sbUlllmme
plr In nat:;hmp aca pOI be taU COrt;rart;a, OClir IC((l> bU'tJéln
10 1n 1mapCrml> ap. aÈm'Õ 1mach.
mar a CUt;puma 111 t;alqwm t;ucal> ml1 ocur 1n t;alqwm
110 l>leët; l>e, '1' cepnap.pml>; mara mo anal', '1' ottwpp.a1l> ;
mar a tu;sa anal', '1' In;swp.p.mÈ. Comc]'! a bp.mt; 0 caë fl1 1
l>pp. l>0 ;sper he, no co t:uca flP. n'tJal11e l>aen adJalp., ocur
{O l>0 bep.a flP. l>mne tell' l>0 ((en at:hmp., nocu cummc a
bp.e1t Ual>arml>e no cu t;uca fill l>e tell' l>m;hmp. mle;
ocur 0 l>0 bep.a fir l>e lel1" l>at;hml1 mle, noco cummc a
bp.elt Ual>arall>1l>fl11l>e, no l>ppl>mne, no co reët; cumala.
11' ar ;sabap. a bp.el'[; 0 caè pp. l>pp. l>0 Erer .1.
.to raer bp.u help.lr hp.l'ð
"lIO t;abmp.t; ch,
C1l> l>0 cet; cotta
cumrcarh
.1. '1' r Oe 1 1 l>On bru belp.lr 111 mbp.lt reClp cotann l>on eel':
3" l>a cumrcm5ea 1n cL1 r 11l .
111 ar a mo tan 1n adJal1 ptICUrt;ap., 1Cal> 1n t:m:;hmp. )lu-
CUrt;ar alan bU'Z>(J111 ttlt' II] nat:nmp. 0 p.uca'tJ, oClir Ical> III
1map.cpml> amach.
THE BOOK OF AICILL.
313
If the fullfine of the father who takes him away be equal THE Boo!\:
to the full fin/!' of the ?'epllted father from whom he is taken, AI
LL.
the father who takes him away shaH pay his own full fine to
the ?epute(l father from 'whom he has been taken. If tbe
full fine of the ?epllte(l father from whom he has been taken
be greater, the father who has taken him out shall pay it, if
he is able, but if he is not able, the Bon himself shall pay in
right of his property; or it shall be paid by the father in
right of the' old promise.'&
If the full fine that has been paid for him i'! less than the
full fine which he owed, the father who takes him out shall
pay the lúWilitltfOl' i njury sf hiB hand- to the l'epllte(l father
with whom he had been hitherto, and he himself shall pay
the excess aga.WsW1Ïm out (to the OikEI. pm.ty).
If the fosterage which was given to him be equal to the
fosterage that wa'! due to him, it is a. right fosterage-price;
if it be more than that, it is over-fosterage-price ; if it be less
than that, it is under-fosterage-price. He can be taken from
man to man always until the eviùence of men assign him to
one father, anù 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 father by the 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 test of God, or
the test of men, until seven' cumhals ' al'e paid 101' him.
His being brought from man to man in succession IS
derived from this, i.e.
'"
Free is the womb that brings forth a birth
To produce a body,
'Vhichever of a hundred persons
Removes it.
i.e. the womb is free which brings forth the offspring what
ever person of the hundred it be by whom that offspring is
removed.
If the fullfine of the father who has taken him is greater,
let the father who has taken him pay his own full fine to the
father from whom he has been taken, and let him pay the
excess out.
& Ir. Old
ICo,.d, i.e.
prorerh.
'#.v(
'
314
Lebar\, a1cte.
THE BOOK
OF
AICILI..
ma'O 1'e'O a 'Oe1p. 1n fep., cUte 111 le11um, ap. 1'e, le!:r u ,
ap. 1'1, '1'la11 '01; ump. '1'e'O a 'Oe1p.: cach fU1Ch a mac co
fJ'Oep.öell!:ap. 'Oe. No '00110, corna'O e1p.1c anrocml umdle
a11'O.
" Cacn at:natp. a cet: c01bëe.
rf!l J íf1, , q
.1. ce!: c01bëe caè 1115111e '01a a!:hmp, 'Oa !:p1a1111"11 c01bè1
!: m1m r!:e, ocu1' le-c a1' 111
pe1' c01bëe, ocu1' UJ1pa1111U1' caca
c01bëe o-ca 1'111 amaë co P.1a c01bëe ap PCh1!:. let; c01bce
cae 1115 111e '01a hm;se p11e, <111((n ar 111 c01bëe l7a11Wft;e,
10 ce!:hpum-c1 ar 111 !:per c01bce. Ocur '1' ar öabmp ap. p1111,
CU1!:,1 c01bèe cacha m11a '0011 m51 f111e ariw11 pl CU1!: 111
ap-cmb bm!:rm'Oe; ocu1' 110ca 1w;sabap 111 '01b 1"11 '0011 m!:h1p.
ce11rnOt;a 111 ce!: c01bèe, ac!: a 5abmL 011 W5 1 pne.
Ca11ar a 11;sabap. 'Oa !:p1a11 m::a '0011 m;hmp. a1' 111 c01bèe
ló!: a11m r!:e, ump. 11ac 111'011'e1111 lebap.? 11' a1' 5abap, 011 mË1
f111e, ump. Le-c a!:a '0011 m51 fl11e a1"11 ce!: c01bëe, oCUr!:p1a11
ar 1n c01bëe l7mW1rn, ocur '1' e 'Oa 'Lp1a11 111 la111, C01p no
'Oe1f1'Ì>e; ump '1' 1111e al7a 'Oon m::hmp. 111 ce!: c01bc1, C01P.
cerna 'Oa !:PW11 '00 be1t; '00 ar 111 c01bc1 !: a11m r n .
UI Ca11ar a 115abap. 111 let; al7a '0011 m;hwp ar 111 !:per c01bë1,
ump. 11ac 111'O l r e11 11 Lebap? 11' a1' ;sabmp, 011 W;S1 1-'1 11e ; uwp.
let; a!:a '0011 W;S1 p11e ar 111 cel7 c01bC1, ocu1' Cel7hpU1m-Ce ar
111 !:per c01bëe. C01p 110 'Oe1r1'Oe ; uwp.1r u11e a!:a 'Oon mdl-
mp. 111 ce!: ë01bce, C01P. cema'O let; '00 bet; ar 111 'Lpe1'
,%:' C01 bce.
1 lIalf the ji,'st 'coíbche '-wedding gift.- There seems to be something wrong in
this statement. If the father got the whole of the first such gift, how could the
head of the family get the half?
THE BOOK OF AICILL.
315
If what the man says is, 'whose is the child?' says he, and THE Boo'll.:
she (the motlLu) says 'thine,' she is safe; for what it (the An
:'L.
lnw) says is: 'Every cuckold shall have l1Ïs own son until
purchased from him.' Or indeed, it may be that 'eric'-fine
for falsehood is dlw from her for it.
Every father gets the first l coibche '-wedding gift.
That is, the first' coibche' -wedùing gift of each daughter,
is (lue to her father, two-thirds of the second 'coibche'-
wedding gift, and one-half of the third' coibche '-wedding
gift, and a proportionate part of every' coibche '-wedding
gift from that out until it reaches the one-and-twentieth.
Half the first' coibche '-wedding gift l of every daughter
is due to the 11ead of her family, one-third of the second
, coibche '-wedding gift, one-fourth of the third' coibche'-
wedding gift. And hence it is inferred tlmt the head of the
family has some share ofthe 'coibche' -wedding gift of each
woman, as he has in the · aptha . -gains of the strumpet;
and none of these is obtained di'rectly by the father except <i1!.i7u-'1
G";
"f(j
the first' coibche' -wedding gift, but he-
s- kis-.s7wres iJ (
fit} 1AIl
from the head of the family. J& tttIfI f ht u V>
Whence is it inferred that two-thirds are due to the father "'f,'''1f<<l'
"*
out of the second' coibche' -wedding gift., as no book states it 1
It is inferred from the sha1'e of the head of the family; for
the head of the family has one-half out of the first' coibche ,-
wedding gift, and one-third out of the second 'coibche'-
wedding gift, which is eqlâvalent to the two-thirds of the
whole. This is right therefore; "ince the father has the whole
of the first' coibche ' -wedding gift, it is right he should have
two-thirds out of the second' coibche '-wedding gift.
Whence is it inferred that the half is due to the father out
of the third' coibche' -wedding gift, as no book mentions it 1
It is inferred from the sh(tl"e of the head of the family; for
the head of the family has one-half out of the first' coibche'-
wedding gift, and one-fourth out of the third 'coibche'-
wedding gift. This is right therefore; since the father has the
whole of the first' coibí'he' -weùding gift, it is right he should
have one half out of the third' coibche' wedding gift.
c,( 7T
_
.,t
316
tebatt a,cte.
THE BOOK Cn> ro'Oepa conaë CUt;puma bepa1t; 1n C01bc1, OCur conac
AI;:'
L. CUt;puma '00 bepmt; 1n t;pmn nn01t? 11' e 'fat; 'fo't>epa, mo
rmtt;ep 1n t;at;hmp 'Oa 'fo1prC1n 1m bec oClIr 1m mop 1na 111
t; m 5 1 pne, ocur C01p cm ma'O mo 110 berr: '00. Ocu1' noco
t&-iIl b2'15'f s'O te 5 a p '011'1 fin '00 t;abmpt; no co t;UCarum 111 qlmn t:1n01t
te '00 cum pp; ocur noco 'Ote;sap 'OO1bf1um fIn '00 t;abmpt;
'01 no co t;uca 1'1 na pm1'Da fin '0011 c01bce 'Oolbf1um. 11' ar
rff 3/4. '! 5 aba p; Uppal1'O U r '0011 m5 1 pne ar cae c01bcl no co p1a
c01bël ap pcJl1t;, ocur llOCO na5abap '0011 at;hmp on t;per
loc01bce lmaë, act; a ;sabmt on mEl pne. at\hl1t 11' 'Oa CUt;-
puma at;a '00 1111'111 I1mE1 pne '0011 cet; c01bce, COIl' C1a ma
'Oa cUt;puma 110 belt; '00 1111'111 ((1El pnc ar caë c01bcl 110
co p1a c01bc1 ap PChlt;.
11' ann m:;a 'Oltp l1a panl1 fill 'Oolbrlum .1. '0011 m:;hmp
/S'ocur '0011 ((151 pne,111 t;an 11' cumrcmt;ech co n'Oe1t;blp1 111
ben.
mar t;p1 In'Oe1t;b1p1Ur mna '00 pl5ne-D 1n t:lmfcap, m'Í1mt
mfClt;ep umt;,1'1 l1a ltan't>a bll '01111' '01 co mblt; '01 na n'0115e-5,
'1' amtm-5 r 1n mrC1t;ep on m:;hmp ocur on m51 pne na
!1011anna bu '01t1Ur 'OOIb.
mar t;pe 11(( n'Oelt;blp1Ur no t;pe na n111'Oe1i:blpwr map
aen t;mn1C 1n t;lmrcap, 1n t;mnmpmn'Oe mrc1t;ep Umt;1 '00
na pannmb bu 'Oltur '01 co mb1t; '01 na 'OhF:e'O, copob e 1n
t;ronmpml1'01 1'111 mrc1t;ep on ((dlmp ocur on mEe pile '00
1 na pan'Omb bu '01111' 'OO1b.
Cach mba1E a r(uan.
.1.cet;hpU1mt;1 ap mbae 1 Cple 1 me'Oon, no '1' 1n cptë '1'nera
ce115abmt mapa, OCur ma t;a ;sabat mapa, '1' t;P1al1.
1 · Tinol' -marriage collection,-- Vi.l. V 0111., p. 846, note 3.
THE nOOK OF AICILL.
317
'Vhat is the reason that they do not take of the' coibche'- THE BOOB:
wedding gift equaUy, and that they do not take of the third AI
LI.
of the' tinol '-marriage collection l equally? The reason of
it is, the father is more expected to relieve her (the daughter),
in small and in great rnalters, than the head of the family,
and it is right that he should have more. And she is not
bound to give these pm'tions of her' coibche' -'l.vcddiug gift
until she has taken the one-third of 'tinol '-marriage
collection with her to a husband; and they are not obliged
to give this to her until she has given these parts of the
'coibche'-wedding gift to them. It is derived from this:-
the head of the family has a share out of every' coibche'-
wedding gift as far as twenty-one' coibche '-wedding gifts,
but the father does not obtain any from the third' coibche'-
wedding gift out, but gets his slw?'es from the head of
the family. As he gets twice as much of the first 'coibche'-
wedding gift as the head of the family, it is right that he
should have twice as much as the head of the family out of
every' coibche' -weùding gift as far as twenty-one' coibche'-
wedding gifts.
It is then these portions belong to them, i.e. to the father,
and to the head of the famil
T, when the woman is lawfully" k Jr. Of
divorced. necel8it!J.
If the separation has taken place through non-necC's-
sity on the JJw.t of the woman, even as the shares due to
her when she is in her lawful state will be returned by her,
so also shall the shares belonging to the father and the head
of the family be returned by them.
If it be through necessity 01' non-necessity on the pa?'t
of both that the separation took place, the proportion of the
shares belonging to her in her lawful state, which shall be
returned by her, is the proportion which shall be returned
by the father and the head of the family of the shares
which would belong to them.
Of every levy its third.
That is, the fourth is paid for levying within the territory,
or in the nearest territory without the intenention of an ann
of the sea, but if there be an arm of the sea, it is one-thircl
tJ,ß,
ct' )2.'4-'
l
IJ Ib'l3
i 13 3 4- II
318
Lebap. a1cte.
'Cp1a11 ap L'obach a1' 111 t;pé1' cp1ch cell 5abenl mapa, octlr
ma t;a 5ab((t mapa, 1r let;. Let; art mbaë 11'111 cet;hpamai)
cp1ch cen 5abmt m((pa, ocur m(( t;a 5ab((1, 1r 'Oa t;PWI1.
Ocu1' 11' e 1) 1r 5 aõot m((pa (mn caë bent 11a fet;ap cen lU1115
sno cell rl1((m. "Da t;PWI1 111(( 'Oap mapa m01l15, U11e 1I1a co
m
cl1e 1I11)r en 5 1 'O. 0 PP l1embe1'cl1a r>>l 'Oür n-a fet;((p 'Out
cell rr1a111 110 cell et;hap, 110 cell 1mCe1l1 ct'1ce; ocur '0((
fet;a, nocu cum1'camfet; CU1t;15 t;oben5 m; bu'O eC1l1 111fCU-
chm> cp1che '00 pWEml 1 le1t;h p1r.
THE BOOK
OF
AICILL.
/0 C1'O fo'Oepa cOI1((ch P:1t act; cet;htUl1mt;1 a1' t;obach r Um1 ,
octl1' 1 bmt m:;a t;P1((t1 '00 re1chemal1 at, t;obach 0 al1'OO'O co
'011er t;uar, ocu1' cOl1a'O 1 Cp1C '00 p1l1e'O Wt; an'011'1 tr e
fcÆ r01)ella; bpe1t;hem '00 p1ne 111 mbach t;Uar, ocur mte
'Oec t;U1Uef.
,111 cet;hpU1111t;1 COl1(1) t;pWI1 ; ocur 'lOCU b1'ett;h-
,5' em '00 p111e rUI11).
rn a po cen'Om5 1mup1'O, ap mmt;he pe reI' 111 1'e01t;, 111 t;an
11' tU5a 111a t05 '00 t,at; mp, 11' cUt;1'uma ac1'(1) '00" ocur tOE
mbmE ar 111 mma1'cpm'O.
mar e a cUt;puma f6111 '00 pm:; 'Oa C111'O, 110 àr mo anar,
o 11' '01 trr a ret; '00, no co 'Oat,t;ap cUt;puma ac1'm'O '00 'Oa C1l1'O ;
OCur 11' '0 1tu r 0 neoch (( mbepmt;, act; 1'al1n 'Oat, mU1t" act;
111 t;p1Cat;mm> 1'm1l1 ar- 'Opp bUl1m'O; ocur 11' at1'O at;mt; l1a
1'm1l1a 1'111 111 t;al1 l1a cumatl15 rep 111 re01t; a t;obach.
mUl1ab ap. 'Oat51n matt;h1ra po cem1a15, 11' pac 5mt;1 ua'O
1[.' all '0.
t1' e1rt;1b m:;a cU1t;15 t;obmÈ, 1'e01t; 'Oh5er OCU1' 1m na
'Oamt;a1' 'Olt5e'Ò '00 ; OCur CU\'C15 mbat5 'Oon 'C1 1'0 t;01 b5err;a1'
1m:;, 1'0 a1cne'O na C1'1C1 ap t;01b5e'O 1m:;. OCur 11' e1rt;1b at;a
I The billow!I"ea,-The word 'mons' usuall)' means the 'mane of a horse." It
refers probably to that state of the waves in which they are poetically de.øcribed
as · crested. '
THE BOOK OF AICJLL.
319
One-third is paicl for levying in the third nearest terri- THE BOOK
tory, without the inte?'vention of an arm of the sea, and if AI
:;'L.
there be an arm of the sea, it is one-half. One-half is paid
for levying in the fourth territory without the intervention
of an arm of the sea, and if there be an arm of the sea, it is
two-thirds. And an arm of the sea means every place which
cannot be cl'ossecl over without a boat or without swimming.
Two-thirds are lJaid if it be over the billowy sea,! the whole
if it be a forcible incursion. This is when it is taken from
a man with whom there is not a 'bescna '-compact, and who
cannot be approached without swimming, or without a boat,
or without a great round by land; but if he could be othe?'-
'luise approached, the levyer's share will not be altered in any
way; . Jistance of territory' must be the rule respecting it.
'''fiat is the reason that there is only one-fourth for levying
here, while in a place above mentioned an advocate had one-
third for le
Ting !tQm _beginning to end, and both levies
were made within the territo
y 1- Thê r
on of it is; it was a
Brehon that made the levy in the former C8ße,. and his fee . Jr. AboVf.
is one-twelfth, 'luhich 'luith one-fourth is one-third; and it
was not a Brehon that made this levy. '?
If; howeyer, he has purchased for the good of the owner C!f .
J.,.
ltu
the 'sed,'
hen it is less than the value he gave for it, he iti 1'zo/w, ftr it', JiÞ. IHN
gets the proportion clue for his suing, and the expense or'rf
w.r
Iv
levying is deductecl from the excess. r;. ['/)Ik/vjMPlJ j,
t1- Úi-
If it was its own proper value he gave for it, or more than fu-þ
it, the 'sed' shall belong to him until
is paid for his
for it; and it is forfeited by the person from whom he
recovers it, except the part beyond sea, except the thirtieth
part of it to the owner; and these
e when
t?I1-'r
the owner of the' sed,' is not himself able to recover it.
If it was not for the purpose of effecting good he bought
'the sed,' fine for theft is recoverable from him.
The 'seds' out of which the levyer's share is due are those
which are due to him and concerning which his right b has b Jr. Late.
not been conceded to him; and the share for levying is d'ue
to him who has levied them, according to the custom of the
territory where they were levied. And the' seds' out of which
"1
320
Lebap. a1cte.
13
lf, Ilt
'Ì'HE BOOK eU1tj1E Imp1'01, re01tj na 'Ol1:selln 'OUlIle '00 pelp '01151'0, OCUl'
t - OF b
AICILL. C1I1'Oti1 no CUl1m:;a mptj C01l1'D ap Imp1'De tjucæn tat;; OCur
tjp1((n ap Impl'Dl Cln'Dn an"O, no r61re"O ((p. 1mp1"Oe eunntjab-
erp.me.
11' elrtjlb atimtj re01tj 1mtum"O, re01tj p.o bm:;up. ac "OUlne
1 11111U"O mte OCur P.O ep.burtjap."Oe 'Dut ap. a Ce1l11, no cen
cop ep.buf7::;((p '1' r e t,p."01 tell'; reOltj Imtua1'D 'Don n"Oo ëUm"O
ap. a cenl1 ro mCl1e"O etænl1mE no anetc("011((15 .1. rcpepaU
cae etmH1a1E, no tel'Ërcp.epaU cae n61meta'Dna1E. 11' e
10 arp.etj atja1<:; l1a re01tj ImtUa1E co p.ta cmti1E tjoba1E 11(( eP.1eG,
ocur noco tjeltj tja1t"r.
"1.334,81-
Lt
(,.lIf
4:,.
mana eplptj 'Out crp. (( Cell11 Itjlp, no mUI1(( repp.'D1 te1r,
nocu 1Hl1t 111 "Oon n 'DO ëtWI'D ((P. a ce1111. b,tj 11(( re01<:; Irn-
tua1'D 111 1n bCl1"O 're rep 1n tjre01tj a 'Dubmt,tj plr a tjabmp.tj
I.' tell' na re01<:; tjucur<:;ap.; no '1' ro a1cne'D 111 ti1 p.o CU1p.re"O
rep. bUna1"O ap. a cenl1, manab e a "Oubalptj 'Dut at, a cell"O.
11' G1fti1b ati(( Ct11tjIE rt11t;1, re01tj "00 tjert:a 0 'OUlne, ocut
noco 111tjlP. c'wtj a rmtetj lati. Ocur cmti1E rp.I-ë1 'DOll n rumt'
tatj ro arcne"O COI111"Oe"O 110 eCC01m"Oe"O.
Zo Len:h 'D1p.e La att;hEm.
.1. on m1'Dae etjechtja,111a po mp."ObeI1Urt:ap. attj 110 rele
cen Eaba1t tjp.ebu1p.1 cen uprocp.a "OP.oëtel15lr; ma"Oo p.111e
11echtjap. "Oe, '1' cet:hp.u1m-ë1 "o1P.1 La altE111; ma p.o Eab 1m:;
map. aen, 'rtan.
I
2.5" ((ltjh15lIl 011 m1"Oach tjetjae 111a po a1p'Obenuftiap. att: 110
rele cen 15abalt t:pebU1t" ; oeur 111(( po 15ab t:p.ebmp.1, 1ftan.
((1t:h151n 0I11111"Oach e<:;eet:a 111 a tju1'Dp.ech rota cen ;;abalt
tjpebm, P.1 cen Ut'rocp.a "OPoct6151r; map.ab 1<<t: 111apaen,
'r tan .
THE BOOK OF AICILI,.
3
1
the share ofintcrcession is due are thE" seds' which a person is Till': BOOK
not entitled to according to law, and it is certain or doubt- AI
;LI_
ful that it was for intercession they were given; and there
is one-third for certain beseeching, or one-sixth for uncer-
tain beseeching in the case.
The' seds' out of which ,hiving ' seds ' are due are' seds'
which a person had in another place and he ordered him
((mother per.
on) to go for them, or though he did not order,
he approves a of it ; driving' seds ' are due to the person who . Ir. P,'e-
went for them according as he is a professional or unpro- firs.
fessional pernon, i.e., a ' screpall' to every professional, or
half a ' screpall ' to every unprofessiunal person. The driving
'seds' extend to the lcvying share of the territory, and do
not go beyond it.
If he did not order him to go for them at all, or if he did
not prefer it (his go i ng), there shall lIe nothing dlle to the per-
son who went for them. The driving 'seds' are (hw when it
was the owner of the 'seds' that told him to bring with
.him the' seds' which he did hring; or, it is according to the
quality of the person whom the owner should have sent for
them, if he had not told the '/11(( I
to go for them.
That out of which a finder's share is due is the' seds'
which are wanting to a person and he does not know where
they are. And the person who found them is entitled to a
tinder's share according to the nature of the pl(we 'lvhej'e he
Iou neT it, 'lvhether in a
or (f. plw
1! not a common .
Half'dire'-fine with compensation.
That is, from the unlawful physician if he has
moyeù a
joint or a sinew without taking guarantee, without warning
of bad curing ;1 if he has done either of these, it (the penalty)
is one-fourth fine with compensation; if he has done both, he
is exempt.
Compensation is ?'ecove1'able from the lawful physician if
he hac; removed ajoint or sinew without taking guarantee;
and if he has taken guarantee, he is exempt.
The unlawful physician shall make compensation for his
blood-' letting' without taking guarantee, without warning
of Lad curing; if he has (lone both, he is exempt.
I Without ta
,ill!1 !!"m-a"tu, without tea,...ill!! of bad Clo'in!!. That is,
etting an
indemnity lI
ainst liability to damages; and \\ ith "otice lI1.1t he \I '" \lot II reg"l..r
physician.
YOLo III. Y
THE BOOK
OF
AICILL.
D.
lI'L'><> )/'
(-!-
- -..,
t-t 0'D.707.
/I C'h'tIJQ7{f.
,
lH
tJ 107'. Uf-
J
ø,
l.. D'''1" uJ 7
14417 71.-a.v
"" IJ 'T
32
Lebar. a1cte.
',I ,
1V1\. t. II>"
1. CAAn\- f.(,'b1'1't 7. O'D. 708.
'f CH'1u.V'fjI
'
stan 'non ml'nach t;echt;a a t;m'nflech rota cen Eabmt
t;flebmfll ocur uflfocfla 'nfloèleI51r. "OleEafl 'non mí'nach
et;echt;a Eabm t t;fle((bm}11 nc(ma. 1 l' an'n m:;(( 1'111 111 111 bcu'n
IW flmbl cne'n 1-'Ofl a Cln'n 1 COflP, no cw flo bl, flo t;mUlrt;((fl
srum cne'n Imat1Cpm'n mm, m(( roctam bCUE COIt;celm co
reqX(1'nea c( telElr 111 bu 'ntI5tecu. mu flo bm:;up cne'ÐU ap
a cum 1 cU}1p, ocur mp t;mU'rt;ap rum 1m:;, Ocur foctcui)
bCUE cOIt;cenn cuna reqm'n a tel Eel' 111 bu 'ÐL1;s-ëeëu, rUm
lm:;rUm mm.
!
If> Can
e 1;eLL c01be1f cotta
"
[.1. ccu'ne m
ne 1IÜanE1Ue 1t;lp? COItelr coUai) na pach.]
.1. 1J(( celt;hpl tan Eltb, ocul' 11(( cel
pl telt E,tb, ocut'
11(( celq.1 t;t1Wn ElUe, ocur na Celt;fll rmact; EIUe.
Na Cel
}11 tan EIUe .1. tan E,Ue pI 1'111 nerum l;Olr CI 'Ða
'!"wp mbfleldleml1Ur 1 nUpPQ'nur; tan EIUe ap 'n1lmb(( no ap
'neoflCU'Ð; lcm Ellle fle curec 111 pp mitt11 rtm1t;1 'E
1]1_
fOltES; ocur tall EIUe ((}1111 noma'n to 'nOtl pte'n; Ocur no-
mã-ñ -afl 'necm((m l1'elC.
1-1a celtpl telt E,Ue; tet EIUe }1'r'11 nelmnerum wp
1Dmbflelt;hemnar 111 nuppa'nur; te
E,Ue Wfl mbpeltemnUr t
cmn cmamna1l1, CI'n }1e ne1'um CI'n fle nemne1'urn; tetElUe
pI 1'111 ní t;elt; 1 toba'Ð 'non [a'Ë;sabcut] bflUIEp.echt;a 1 CCUl1
pm:;pmc, cm fle Ile1'Urn CI'n pe nemne1'am; le
EIUe f11ta
O'D. 7u9. [t01l1E
e] tr
'non ptm.
c.ft,b C
25 Na cel
pl quml Ellte; t;pwn EIUe tl11"11 ner((rn t;OIfC1'ne
uppcromr 1 nU}1flal>mr, 1 nup1'l11ÈeU; t;ptan EIUe wfl mbp.el-
t;heml1U1' 1 cmn pm:;rmc, CI'n 11e 11e1'Um CI'n }1e nemnerum ;
t;flWI1 Ellte ap r el r[ei)] 'non pb'n; ocur t;t1wn EIUe 1 nUfl-
fU1EeU 1 cmn a'nomlW1Il, CI'n pe ne,rum CIl> }1e nemnerum.
I For restm.,ng the ..ck man to health. This seems to apply to the case of a man
that has wounded another, whom he was obliged to take to his own house to he
cured. He was entitled, it would appear, to take from the invalid's friends a
pledge that they would take him back if pronounced incurable.
2 To the poet. That is, a pledge that his claim would be paid on the ninth day
after judgment had bren given in his favour; otherwise, the pledge would be
forfeited on the tenth day.
THE BOOK OF AreILL.
3
3
The lawful physician is exempt for blood-letting without THE BOOK
taking guarantee, or giving warning of bad curing. The AI
:r.L.
unlawful physician is bound to take guarentee only. This
is the case where there was no wound upon the body before
him, (or when though there was, he increased the wound too
much), if an impartial physician declares that it could have
been cured more lawfully. If there were wounds on the
body before him, and if he did not increase them, and an
impartial physician declare::! they could not have been cured
more lawfully, he is exempt as regards them.
What is the pledge proportionate to the 8ubject-
matter& in dispute? .Ir. &Jy
That is, how is the full pledge known at all? The propor-
tion to the principal clairned (18 debts.
That is, the four full pledges, and the four half pledges,
and the four one-third pledges, and the four 'smacht'-pledges.
The four full pledges are these; viz., full pledge for an
article of necessity after judgment in 'urradhus '-law; full
pledge for a pauper or a stranger; full pledge for restoring
the sick man to health l after1haxing Leenprmwunced in-
curabl
; and full pledge on th;-ninth day to the poet 2 ; and
this is 1t ninth for
tenth. (I,e.
:;:' MvIv)
The four half pledges (( j'e: half pledge for an article not
of necessity after judgment in ' urradhus '-law; half pledge
after judgment in the' cain' -law of Adam?an, whether for an
article of necessity, or not of necessity (half pledge for the
rt Ivc.. Jto
:f'..".
part that is .forfeited of the distres
3 of farm law )n the' cain' _ ww vP'\
.
law of Patnck, whether for an artlè]e of necessity, or one not
P J9J.
of necessity; half pledge for festival entertainment 4 to a poet. 7
U,If, .
The four one-third pledges are :-one-third pledge for an
article of neces.<;ity of 'urradhas'-law in 'urradhus'-law, iL
arbitration; one-third pledge after judgment in the' cain'-
law of Patrick, whether for an article of necessity or one not
of necessity; one-third pledge for a sixth to the poet; and one-
third pledge in arbitration in the 'cain' -law of Adamnan,
whether for an article of necessity or for one not of necessity.
· of the diltreøø. For" atEabmL, distre
s'" O'D. 1,4;;6, reads "mt;h5m,
restitution. "
· Ji'utiÐal entertainment. For" Lom!)te ,. which is the reading approved of by Dr.
O'Donovan, O'D. 14:;6, ha. "LOIS."
YOLo III.
")
1-ovJ(-
r{
11.)
y :2
1/ o:k w1g
1
't
'8
t-l1Vj5,'3 0
;
-l
Lebcqt mete.
TIlE BOOK 1](( celt;pl 1'm((C
t:IUe; 1'nlC(C
;t;IUe 1'eC
mW'D 'DO 1'CU11
OF
AI<'ILT.. t:pOl1' CI felch 11e1'mm
OI1'CI'De uflpc('t)w1' I 11upf111
eU ocu1'
1'mac
EIUe 1'eC
mm'D I 11U1pfU1EeU 1 C((1n Pcn::;11mc, CI'D
pe l1e((1'Um CI'D pe l1el1nl1e1'Um; 1'111((ct:: EIUe 1'eë
mm'D 'DO
1'cu]1
pOI1'CI 1 cm11 a'DOm11((111, CI'D pe 11e1'Um CI'D pe 11elm-
l1erUm; l'mach
EIUe 1'ecr:mm'D ap qlel1' 'Don ptI'D; fmac
;t;ltte 1'e&111((1'D 'DO fcuJ1 qlOl1'cI felch 11e1'm111 mlrCI'De
Uppa'Dm1'. t?l11Ue'Õ 111}'111 fmrrch
EIUe 1'eCt::I1WI'D CO pOlb
tal1 ;t;IUe 1((p mbpelt:hemllCl1"
/0 111 cet::hpuma'D l1am) 'Dec 'DO 1'C1I11 t::polrcl felch l1elml1pa-
1'((1m upp(("{)CI1r1', fU1Ue'Õ pl1'111 cedl11tul1(('Õ pa1111 'Dec copub
t::)11((11 EIUe 1 I1UPfUI5eU. t?l11Ue'Õ pI 1'1 11 1'elre'D EIUe I
I1UPfU15CU ClIl111b t61t; EIUe wp mbp61
hemnu1'. 8mach
EIUe eIC111'Dt::ec 'DO 1'ClIp t::p01rCII CU111 pClt:pmc, fU1Ue'Õ ll1r-
,nIl 1'mClcht:: EIUe eICI11'Dt::ech CO 1101b rmac
Ellte 1'eC
mm'D
1 11 upfU1EeU, CO pOlb t::PWI1
11te wp mb11elt::he11111l11'; 1'mach
IUe 1'eCt::111((1'D'DO 1'cup
pOl1'CI I cml1 P((q1((1C, ft11Ue'Õ ll11'-
III rl1lach
EIUe 1'eë
m((1'D CO pOlb q1W11 SlUe I 11Upftl1EeU;
pl1Ue'Õ plf111 quan EIUe I I1l1pfU1;seU CO llOlb tan EIUe
'loICQ1 mbpelt:hem11U1'.
o'l! ltr4r
'l:;mp;t;IUe ap 11a EeUmb pe pe 11CI11t::a CO l1a
011ac
ml1
bU'Dell1 a fopba al1
a 1 IIUPft115eU, OClIr 111 tall fU151U pe
pe 'DI-cmrr, ocu1' f61Ch I fOpba'Dlt;ma. Ce 'DO llOl1'e'D 111 EeU
I fOJ1ba an
((, m((na
OIp1'e
11a felch a fOpb(( 'Dl'r111((, 11'
25e1p1C et((1'De, 110 coma'D upa'Du a
hEabata ap 111 11Eett.
t?OIEeU
a'D ocu]' bt61
h ocu1' toba'D 'DO 'Dut 111(( ce1111. No
TIlE BOOK OF .AICILL.
3:2.)
The four 'Mllacht'-pledges (lj'e:- a 'smacht'-pledge of one- THI': BOOK
seventh to stop fa,,<;ting for debt i/
tlw C(lSe of an articlC' of .AI
;LL.
necesðity in 'urradhus'-law in arbitration; and a' smacht'-
pledge of one-seventh in arbitration, in the 'cain' -law of
Patrick, whether for an article of necessity or for one not
of necessity; a 'smacht'-pledge of ('ne-seventh to stop fasting
in the 'cain'-law of Adamnan, whether for an article of
necessity or for one not of necessity; a 'smacht'-pledge of
a seventh in addition to a third to the poet; a 'smacht'-
pledge of a seventh to stop fasting for deht in cnse of an
article of necessity in' urradhus '-law. Addition is to be
made to the' smacht'-pledge of a seventh until there shall
be full pledge after judgment.
A.8 to the fourteenth portion to f'top fasting for debt in
('nsc of an article not of necessity in 'urradhus '-law, the
fourteenth portion shall be added to until it is 'made lip to
a one-third pledge in arbitration. The one-sixth pledge in
arbitration shall he added to it until it is 1,wde 'Up to a half
pledge after judgment. As 'regards uncertain 'smacht'-
pledge to stop fasting in the' cain'-law of Patrick, the un-
certain 'smacht '-pledge shall be added to until it is a
'smacht'-pledge of une-seYenth in arbitration, aJul until it is
a one-third pledge after judgment; as to a 'smacht'-
pledge of one-seventh to stop fasting in the' cain'-law of
Patrick, the' smacht'-pledge of a seventh may be added to
until it is a one-third pledge in arbitration; the one-third
pledge in arbitration may be added to until it is a full pledge
after judgment.
An additional pledge shall be given with the pleèges during
the period of stay, until their 0'\ n fl)l,thcoming at the end
of the stay in arbitration, and the full a\\ard during the
}Jeriod of delay in pound, and the del,ts at the e),.piration of
the delay in pound. Though the pledge be forthcoming at
the end of the 5tay, unless the amount dUè he furthcoming at
the e'\:piration of the delay in pound, there is - cric '-nne
for absconding duc, or acc(J/'(Ziug tv otl/Pj'l" the principle"
applicable i/
the C(l8e of distn'ss, appl.r toR the pledge. n Ir. 0".
Expense of tending :lIld l,f feeding an' I forfeitnre ...hall
ùc added tu thclil. (Ir, '/cl'u,'di/([j to IIt/W/'t<, a l'led;;e i
,.
. C 181Q, þJ-v
olht lU rAt 7 M
326
Leb((f1. U1cte.
,
.JI l'
L?)O'l7At4-9
THE O
OOK 'Oono cena, cona bu '011Uf EeU'Oo Ep.ef no co
ro'fCea, ma'O
AICILL uaftuca'Ò no ma '01tf1U'F;a'O.
U1'01 an
a '1' e U1'01 EeU
a; U1'Oe EeU
a 't' t11'Oe 'O,i;ma;
U1'Oe 'O,tma'f e u,'Oe ,ci;a pac. U,'Oe an
a m re wrfa mb,
.>,n
hEabmt ap. ana'O ap. U'O 1 tmm c'n
mE. "CmrE,Ue ap.
na Eettmb r'pn p.e 1'1n. U''O' EeU
a '1' e - ü,.:r>e-'1>ïi;ma
O'D. 709. [.,.] 111 re tap.fa n'O,
hmm
ep.; f01Eet
a'O ocuf bte'
, cenn
na ha
hFabata P.'fm p.e 1'1n. 11' C01P. EeU '00 t;abmp.t; P.'f
na pacmb.
ct.! 2." .1q,
f
'f' vt
O'D. 709,
708.
" U,'Oe 'O,tma '1' e U1'Oe pac; m re tarfa
e'
u'
'm
tobC!,!> a cenn na
hEaba1a, curub r'fm p.c f,n '00 bep.ap.
fe
ch
ap. a cenn [m E'U]. [t:e,ch fm fU,b
fOP. 'O,t ocuf
fenc(,ocuf ,ma na'O é'Em] a.;DaU nEe br61
heman; ocuf
mana be'
'f, p.o bu'O 1an E,Ue no tei; E,Ue '00 r,i; p.1t1
'{fO mcne'O 11efmm 110 n61mnefmm .,. tall t;1Ue p.'1'1n
l1e1'am, 110 te,
hE,lte 11'1"11 nelmnefam.
0lJ
(/.2. 0
1 7,,
. I
-
cf.....
Ca1
e FOchp.a1c
.I.
,.,.
M.dv 0'IJ'11,
.1.
JlWl1 11'1' l1a beo'Olbb fOP.
reb1111L1 eë
p.ann co cenn
mbbmma, ocuf 1'e'fe'O fOP.
p.ebu,p.' bu'Oem. Ce
hp.t11mte
l.o p.'1' na mmp.b'O,bb fOP.
Jlebt11rl ec
p.an'O co cenn mbtw'Òna,
ocu1' och
nla'O rop. a qleÒl11p' bu'Oem. Ocu1' Ife'O '1'
p.e-
bt11P.1 bu'Oem ann,
p.ebt11p.' ,n r'p. 0 mbep.ap. na fe01
, no
p.ebt111l1 n61ch mte e
urp.u. Ocu1' 'fe'O'f
rebU1p.e ecqlann
an'O,
pebt11p.1 m n be1lU1', 110
rebt11p.e m1e 'Oap. a cenn.
u Ocuf'Ot11ne nac cuma elp'p.
OCU1' mc'Oe 111 '0111ne ammc ann
1'1n ; ocu1''Oama 'Ot11ne bu'O cuma ep'p.
ocu1' mC'Oe, ocuf'1'
cu
p.uma }10 bw'O 1eo fOP.
p.ebt11p.' ecqlan'O ocuf fOP. a
p.ebt11tll bu'OeI11. Ocu)' beo'O,te no l1w,pb'O,te ac na ft111
rf.ß 1 What i8 hire'i Un the margin uf the MS., !l. 3-li, (I'D. 77:;, opposite these
word
is written "e1'Ose." The article seems to relate to land let out for grazing on1)'.
2 O"ä OW". secm.if!,. The commentary here is l1ninteIligible; it appears to be
made lip of different gl(.sse< mixed tugether. In O'D. 7.5. the definitions of "one..
THE BOOK OF AICILL.
3:!7
never due until the fasting takes place, whether it Le redemp- THE BOOK
. r fi . OF
bon or WI' 6lture. AICILL.
The period of stay is the period for pledging; the period
for pledging is the period of delay in pound; the period
of delay in pound is the period for paying the debts. The
period of stay is the period during which the distress
remains for a while in the hands of the debtor. This is the
time during which addition should be made to pledges.
The time of pledging is the time of delay in pound, i.e. the
time in which payment is made; expense of tending and
feeding is added to the distress for that time. It is right
to give a pledge for the debts..
The period of delay in pound is the time for paying debts;
-the time when forfeiture i
addëd -t o distress,-and it is jrJIa
in that time that cross claims are brought in by way of set
off" against the pledge. These are debts which are dispttted · Ir. In- Þ7v þ.
"r
ied, and about which it is:;recessary to resort to the ateadof.
? I/.t
house of the judge; and if they a:-e not such, a full pledge or tv.Iv
fad I'f
half pledge should run with them according to their nature
'?
J
of necessary or non-necessary articles, i.e. full pledge for the
necessary article, or half pledge for the non-necessary article.
'Vhat is hire 1 1
That is, a third for the live-chattels upon the security of
strangers to the end of a year, and one-sixth when upon one's
own security. One-fourth for the dead chattels upon the
security of strangers to the end of a year, and one-eighth
- f. i')
when upon one's own securit,y. And one's own security
means the security of the man 'from whom the 'seds' are
obtained, or the security of another man for him. b And the h Jr. Be-
security of a stranger means the security of a person who tweenthnn.
obtains them (the' seds '), or the security of another person
for him b . And the' person out-side' in this case, is a.
"^, ,,",,?Hv.
^'7
person whose word:'\. aOO tt Gt & ---{i o BGt C9,'rp"pfmrl ; but if
he were a person whose words.
ond,
there would be equal hi1'e for them upon the security of
strangers and upon his own security. And these are live
own securit
.," and" extern securit)-'. are just the reverse of those here given. Both
copie@ are
orrurt or defecti\ e.
3
S
Lebcqt mcte.
c
;Zb,:Z4
IIE BOOK 111'0101' 1la 1nrO}lbmp
pn,ocu}' 'Oa mbe1-G 1nrop,bmp
110
) OF
AI('Iu.. 111'0101" poba'O fll1Ue'O a11 111fopbap
a leo, 110 (( 11111'0101'
bU'Oe111.
"
J
:t l'lf rt c,cF þ,'1J
l
Cm fo'Oepa C011a'O mo 111 fU1Ue'O
a leo fOP
pebmp1
.}ec
pa11'O 11a fOP a qlebmp1 bU'Oc1n? 1re fa-G pme}la;
pm'011p 'O011a re
mb 111 111 1nEe11er umi:1b bu'Oe1n I1lÚ 1n
fU1 Ue'O '00 bw'O teo '00 re
m b ecqlan'O.
"'It
Sic.
Carr;e an;he '? .1. tOE melch.
.1. cmn 111 mdle cumm11e '00 ùepap lmr lIa ce1tp1 mwc-
/0 mb .1. mwc .1. ce
hpU1m-G1 1'0 lmr 11a mm11b'0111bjec
pa1111
CO ce1111 mblw1>na.
Cmn '061-Gb1p, e
a}l}lu 1'0 ocur 1n bmle 1 11apm}l: 'Ow
er
a mwc no a 10E, a le-G 110 quem 111'O? Cu'Cpumur ce
h-
pU1m-G1 a pai;a
uca-D 'Oon bom111Ë me'Oo11ach an'Or''Oc '1'
15raepa
h .1.1 bml a
a: 'Ow
er
a 1llwch 11010)', a le-G 110
tfpW11 .1. cupab e'O bel' 111'0. Ce
h}lU11ll
h1 pata 1n bom1lCc
1lle'Oonm;5
uca-D '0011 ocmp15 me'Oo1l((ch. oc
1'C}l1pmU 'Oec
61reIC, a la11 105 epec rU1ll wp. n61pl1'Op1CUr le1t1 '00; ocur a
pW11 1'm-De '00 caca blw'Omn 11e f}l61rC1}'111 11llr Cm p,1'e
lOrCp1pmU. "Da rcpeapaU '01b ap. capna 1llmp.
, rcpepaU
ap
111'Oe mU1C1, rC}lepalt a}l1llU1C U1}l, a
eO}lU Ce
h}lU11ll6
ap. mU1C U1}1, ocur (( ce
hpm1lli;, ap. cpU1i:11ec
, OCur 'Oa
1'cpepaU ap'Oa 1llwchmb bp((ca. Ho '011a'O U11e 1'111, ce11-
moi;a ae11 mwch bpaca, ocur e10'O po le1ce'O 1111((11 'Oap<<
2.tmwc bpaca '01b, OCU1' 'Owbla'O wp l1elo-D 1'0. Cu
pu1lla le1i:1
'1'111 'Oa mwc11mb m
hE111a 1n 1llwch 7)wbuln(, 110 ql1al1
c011a
abmp.
11'1'; cona 'Oe 1'111, 'Ow
er
a 111WC 110 lo
, a
lei; 110
pwn 111'0.
I ThejinefOl. it. It is probable that the case, so obscurely and confusedl
' stated here,
Is when the tenant bad not received the full stock from the landlord. and therefore the
fine for non-pa)ment of the rent, was not so heavy as. it would otherwise have been.
In O'D., 1008, it is said that when a tenant failed in pa)'iug any p:trt of his /,(,lIt, he
TilE nOOK OF AICILL.
329
chattels or dead chattels which have no produce or increase, TilE BOOK
hut should they have increase or produce, additional hi ,'C AI
.I..
for the increase should be given with them, or their own
produce ?eturned.
'Vhat is the reason that the interest given for them on the
security of strangers is more than that given on one's own
security 1 The reason is; it is more lawful as regards the
'seds' that what springs fi.om themselves ShOlllä bc ?'estO?'ed
than the addition which would be ?naclc to them of the
, seds ' of strangers.
What is pay? i.e. the price of a sack.
That is, what is the complementary pay that is given with
the four sacks? i.e. this is a sack i.e. of one quarter that is gil:en
with the dead chattel
of strangers to the end of a year. ^
What is the difference between this and where it is said;
" If a sack or its value Le wanting, its half or its third is thc
fine tor it 1" A proportion equal to one-fourth of his stock
had been gi \'en to the middle 'bo-aire '-chief in this case,
in 'saer'-stock tenure, i.e. where it is said, "If a sack or its
value he wanting, its half or its third, i.e. shall be thc fine for
it." The fourth of the stock of the middle' bu-aire '-chief
had been given to the middle' ug-aire '-chief. The U?IWUILt
in this Cllse is eighteen screpalls, his own full honor-
price when he is half unworthy; and the third of this,
iw?ncl!J, six' screpalls,' is given to him every year during
the expectation of separation. Of these, two' screpalls ' are
for the Leef of a cow, a 'sere pall' for the bacon of a pig,
a 'screpall' for an unsalted pfg, its three-fourths for an
unsalted pig, and one-fourth for wheat, and two serepalls
for two sacks of malt. Suppo8il/9 all these were paid, except
one sack of malt, and that the payment vi the second sack
of malt was evaded, and for this evasion there is double. The
sack of double is equal to half the two Hacks of restitution, or
a third when it is aùded to; hence is de1'ivecl the 1"I.11e,
" If a sack or its \ alue be wanting, its half or its third is the
fine for it."1
"a. liable to a penalty equ:,l in amount to three times the value of that part" herein
hc fdilcd, LCoitlC8 a fine for bred kin.; the la,..
if C Ilf39
330
Lebap. U1cte.
THE BOOK
OF
AICILL.
Can;e 'Oatt? 111 a'OEettr;ap..
.1. tn te
h mseUur neae 'Dut, ocur muna 'Dee, bla1'D rmaé
UpCpa1'D1 'Dala ua'D, .1. U1nE' 'Dectar'DaC'Da, Ocur tei; nulnE'
'DO
ua
a. mm>u n'Dech, noco nU1t rmae
UpCpa1'Dt 'Oata
f U a'D.
lo
'
'1î)
11 t f'" Cat
e Cu1t1'Ot1Ee'O 1
1P. f1ntb ?
)lrw,;,., GCF, t170('-44)
;1 C Ltl/
X.1. mara Eellpne '00 'Dlbar
up ann,
eopa ce
hpami;ana
'Dlba1'D Eeltpne 'DO 'D61pbpne, ce
hpU1mi;, 'D1<1p'):?me oCUt'
'Dtn'Dpne,
eopa ce
hpami;ana na ce
hpami;ana 'D1<111pne,
10 ocur a ce
hpam
hu 'D1n'Dpne.
mara 'Delpbflne po 'Dlb((r
up ann,
eopa ce
hpamtal1a
'DO 'Dlba'O 'Delpbpne 'DO '5elt'):?tne, a ce
hpU1me 'D1<1ppne ocur
'Dln'Dpne,
eo}1a ce
hpami;ana na ce
hpami;ana 'D1<11 1 pne,
ocur a ce
hpam
hu 'Dtn'Dpne.
,r111ar 1 In 1<1ppne po 'Dlba'D ann,
eopa ce
hpU1mi;, 'DO
'Dlba'D 1<1ppne 'DO 'Delpbpne, a cei;pama'D 'DO Eeltpne
ocur 'Dln'Dpne,
eopa ce
hpamna flU ce
hpulme 'DO Eelt-
pne, ocur a ce
hpU1me 'Dtn'Dpne.
111 ar 1 tn'Dpne po 'Dlba'D al1'D,
eopa ce
hpU1mi;, 'Do'Dlba'Ò
l
tn'Dpne 'D1<1ppne, a ce
hpami;u 'DO Eellpne ocur 'Do'Delpb-
pne,
eopa ce
hpU1mi;, na ce
hpU1mt1 'DO 'D61pbpne, ocur
a ce
hrl((mi;u 'DO '5eltpl1e. )(
1 Fail",.e of meeting.-This means a court or legal meeting, The fine for non-
attendance was a cow. Vid. O'D. 16t1!.
II The' geilfine '-division. In O'D. 738, it is said that the ' geilfiue' consisted
of five persons, and pach of the other three' fines' or divisions, of four persons,
making in all seventeen persons. It is also said that the · geilfine ' is the youngest
and the · innfine' the oldest of these four division.; that if a person be born into
THE BOOK OF AICILL.
331
'Yhat is a meeting? 'Vhat is promised.
That is, when a person promises to go, and unless he does go,
a ' smacht' -fine for failure of meetincr 1 slwll be ?'ecovered from
o
him, ie. an ounce to an ecclesiastic, and half an ounce to a
layman. If he goes, there is no 'smacht'-fine for failure of
meeting due from him.
THE BOOK
OF
AICILL.
What is the reciprocal right among families?
That is, if it be the' geilfine ' -division 2 that has become "f.,..,
extinct, three-fourths of the
y of the 'geilfine'-
division shall go to the' deirbhfine '-division, and the ?enwin-
ing one-fourth to the' iarfine '-division, and to the' indfine '-
division, i.e. three-fourths of the fourth to the 'iarfine'-
division, and one-fourth of it to the' indfinc '-division.
If it be the' deirbhfine '-division that has become extinct,
three-fourths of the
y of the' deirbhfine '-division
shall go to the' geilfine -divif>ion, one-fourth to the' iarfine'-
division and the 'indfine '-division, i.e. three-fourths of
the fourth to the' iarfine '-division, and a fourth of it to
the' indfine '-division.
If it be the' iarfine' -division that has become extinct, three-
fourths ofthe
ty ufthe' iarfÌne '-division shall go to the
'deirbhfine '-division, one-fourth of it to the 'geilfine'-
division and' indfine '-division, i.e. three-fourths of the fourth
to the' geilfìne '-division, and one-fourth of it to the' indfine '-
division.
If it be the' indfine '-division that has become extinct,
three-fourths of the propeny of the' indfine '-division shall
go to the 'iamne '-division, al1(l one-fourth of it to the
, geilfine '-division and the' deirbh' -division, viz., three-fourths
of the fourth to the' deirbhfine '-division, and one-fourth of
it to the ' geilfine '-division.
the 'geilfine,' øo as to make it exceed five per80r.s, this causes one of them to be
8ent up into the . deirhhfine'; and in the same manner a man shall pass from one
. fine' of them up into a higher, as far as the 'innfine,' which shall send out
a man into the 'duthaig ndaìne,' i.e. the community. Hence it seems that these
. fines' were artificial di,-isions of a family made for law purposes.
cj If 1./8'.p'If
I(C 1007)
C CF 1tI ,''t-I$'',
C"Fr fJ.
I' '70
33g
eb[tt1, mete.
THE ROOK
OF
AICILL
n1ar 1 5EIlpne OCllr 'Oe1pbpne po 'Olba'O ann, 'Geopa
ce'Ghl1U1mt:;1 a n'01bU1'O map. aen '01 ((p.pne, OCllr a ce'Ghp.mnlt:;1
'01n'Opne.
mar 1 111'Opne OClIr 1Uppne P.O 'Olbar'Gup. an'O, 'Geop.a
á"ce'Ghp.mmi:1 a n'01ba'O '00 '061p.bpne, a ce'Ghp.mmt'1 '00 561l-
fl11 e.
mar 1 'Oelt1bpne OCur wppne f1D '01bar'GUp ann, 'Geopa
ce'Ghpmmt:;1 a n'01bat'O map. aen '00 5e1lpl1e, a ce'Ghpami:u
'01Il'Opl1e.
10 111ar 1 ;c:ellpne OCllr 111'Opne po 'Olbar'Gup. al1'O, 'Geol1a
ce'Ghlll1lmt1 '00 '01ba'O 561lpne '00 'Oelphpne, OCur a ce'Gh-
p.mmb 'Ow}1pl1e; t;eopa ce'Ghp.mmt1 '00 '01ba'O 1n'Opne
'Otappne, ocu1' a ce'GhpmmtJ '00 'Oe'pbr'11e. Ocur (('Ga
comllll na rec'G fep l1'Oéc ap. U'O an'Or'n, oCllr mUl1a b61t7,
.' O'D. 73i:-<110CO bw'O [cOmf1D111'O], ae'G III n bu'O 11era 'Oa bpel'Gh.
f;!/vaJ.r ,IJ AI c. I
ú ft 131
rv
1n
rllle mle po '01 ba'Ò ((n'O rIll, oCllf 'Oa III be1t:; aen 'OU1ne
'Olblll
qlp;:,
po bep.a'O 1n IIlba1'O na cOmpatn'Opnr he n(( rdd'tJ.
'Geopa pne e'GupflU; ocur mana lllU1penl1, '1' a cOmpatl1'O.
m a mU1}11'O III 'Ga'GhU11l, OCU1' a'GU1'G '0(( Illac wce, ocur
.LD_O'D. 738.\"a'Ga comlín p11e [cach Illac '01b], [.1. cet:;p a l l ], '1' ce'GfU1'O
0&:
..i3
:'. co n5eba'O [Ill 'G(('GhU1p] 5}161m pp 1n each pile ['01b, ocur
coma'O] 'Oa Ee1lpne 1U'G U11'0. Ocu)' I1IU 'GU11l1C Itl '01bat> a
O'D.738. hll1a'O U1le, [ap amur llU pIle] 1mmc, ce llU berG a mac 110
a bp
hU1P. III n '1' a 'Olba'O 'GU11l1C all11 '1' 111 rlne 'Gall ap.
lóa CIIl'O, nocO mo bellllf he l1a cae fell 'Oon pne.
'l;ellpne 1ft '1' 1'0, 111'Opne '1'1 'r 111e .
] Are tMn fOI.thcomiTl!J. This seems to mean that the fonr c1as.e. should he
made up
nin out of the family, if it were sufficiently numerous for the purpose;
and if this ccul<l not be <lune, there was to be uo partitiun.
*'
&t 1t<.k G4-I'I-:
<<
w
J,M.-
"'
fwv
A, \\ M -
If it be the' O"eilfine '-division and the' deirbhfinc '-divi- TUE BOOK
'"
!:lion that have he come extinct, three-fourths of the property Al
:;.L.
of both bhall [fo to the' iarfine '-division, and one-fourth to
the' indfine '-division.
If it be the' indfine '-division and the 'iarfine '-division
that have bepome extinct, three-fourths of their property
shall [f() to the' deirhhfine '-division, a1ul one-fourth of it to
the' geilfinc '-division.
If it be thc ' dcirbhfine '-division and the' iarfine '-division
that have become extinct, three-fourths of the property of
both shall [f() to the' geiltine '-ilivision. and the one-fourth
to the' indtine ' -division.
If it be the' geilfine '-division and the' indfine '-division
that have become extinct, three-fourths of the property of
the' geiIfine '-division shall [fO to the' deirbhfine' -division,
and one-fourth of it to the' iarfine '-division; three-fourths
of the property of the' indfine '-division [foes to the' iarfine'-
di vision, and a fourth to the ' deirbhfine '-division. And
the whole number of the seventeen men are then forth-
coming, 1 and if they be not, there shall be no partition, but the
nearest of kin shall take it (the 1J 1 'O]JC1.ty).
All the' indfine ' -divisi opJ lad become extinct in this case,
but if anyone of them ha æ'l )4
T} in existence, he would take
.i. (the lJ1'opedy) \
the other three di\ isions should
share it between them; but if he is not living, it is to be
shared (amon[f the other division!;).
If the father is alive and has two sons, and each of these
sons has a family of the full number, i.e. four, it is the
opinion of læwyc1's that the fathel' .would claim a lUan's
share in every family of them, and that in this case they forma
two' geilfine '-divisions. And if the property has come from
another place,
famil)
outside, though there should
be within in the family a son or a brother of the person
whose property came into it, he shall not obtain it any more
than any otke}' man of the family.
The 'geilfine '-division is the youngest, the 'indfine'-
division is the oldest.
THE BOOK OF AICILL.
333
Jm..H
/
. Ir, A /...
Iollw/
J
334
Lebap. a1cLe.
THE BOOK ma {;á1mC nech ['OIrnarCfla1'5] amI' a Ee1lpne, 11' rer '00
A,
7LL. 'Oul e11'{;1 ruar 1 n'Oe1rbpne, ocur rell '00 'Oul ar cae pne
1na c61le no co ria 1n'Opne, ocur rer '00 'Oul e1rn re1e 1
O'D. 738. n'OutmF; [n'Omne 1
J- Cafr::1 re01{; {;t1p.cLaroe 1
q 11 :(l-t. B
.1. lan lOE e1nech ar mr1nn 1n 'Oaerrmt,ocUr"tl(({;h
arrlU1l roló: lan ra{;h ocur let ra{;h, ocur 'Oa {;rwn ra{;ha
'00 berm{; na {;r1 rlm-Q 'Oaerrm{;h 'Oa ee1le. l(m tOE enech,
oeur quan lOE enee, ocur norna'O l01E1 enee umdl1b ar
lomr 1 {;1n. lan eneclann ocur let eneclann ocur ql1((n
ne1neclmnm 'OO1b 1 me{;h a mb1'O. lan rmae{; ocur let
r mae {; ocur ee{;hr mrnt1 rmaC{;a 'OO1b 1na rU1lle'O 1'1n. lan
eneclann, ocur let eneclann,ocur {;rwn ne1neclmnm 'OO1b 1
r O F;mlla111 '00 'Oenum r1U r1r na 'Oaermb, na {;eOra reet;-
l.ma'O neneclmnm 'OO1b 1 rOF;ml lmn no 'Oem1m r1r na
raer mb , no a mac a 'O((eflCe1le; oct/I' noco nmt 111 '00 a mac
a raerce1l1; no 'Oa mbe1t, corna'O rec'Crn(('{) 111 rec{;rnm'O.
Ocur noco nU1l rorðl ((Un a, na CU1{;r1'O a raerrae{;hcob.
t JI
Ca1{;1 {;omUr 0 El1.a1mb ocur U1Ë1b 1
2.11 .1. {;r1ümn'01 1 norlach, ce1-cr1 OrlmF1 1 rnbmr, {;eor a
bara 1 {;r01F;1'O, 'Oa {;r01E1'O 'Oec 1 rer{;mE, 'Oa rer{;mF; 'Oec 1
r O rr m 5, 'Oa rOrrutE 'Oec 1 nr curnutle '01(( 1-'O{;, re r 01 rrEe
'Ow lete{;, ma bmt 1na {;01rnf1b {;ech{;mb.
"Oa lan 'Oee U151 C1rC1 a me11'r1n, 'Oa me11'r1n 'Oec 1 noll-
'Oe1rb, 'Oa O1ll'Oe1rb 'Oee 1 n01lme'Oae, no 1 nolprn:;rute, 'Oa
I The th,.ee chiif.-Vid. .. Cain Aigellue,"-Stllchus ],f()1., Vol. ii.
THE BOOK OF AICILL.
335
If one person has come up into the << geilfine '-division, so Tin; Boo),.
as to make it excessive" (i.e. more than fwe persons), a man AI
::'L.
must go out of it up into the<< deirbhfine '-division, and a -
. Jr. Of
:r-
man is to pass from one division into the other up as far as ('
...
the' indfine '-division, and a man is to pass from that into
the community.
What are the returnable 'seds ' 1
That is, full honor-price on receipt of the' daer' -stock, and
t M st.ock i&J i4 .:the prop erty, full stoek, and half stock and
two-thirds of stock 3;re given by the three chiefs I , of daer '-
stock tenancy to their tenants. Full honor-price, and one-
third of honor-price, and one-ninth ot honor-price a1"e ob-
tained from them (the
s) OR l'Cüeip t of the stock. Full
honor-price. and half honor-price, and one-third of honor-
price rLre paid (/ s fines to them (the chiefs) for failure of their
food-1.ent. Full' smacht '-fine, and half' smacht' -fine, and
one-fourth 'smacht '-fine are 1Jaid to them as an addition
to it (thei1'food-rent). Full honor-price, and half honor-price,
and one-third honor-price U1'e due to them for full trespass
done to them in the pe1"SOnS of their' daer '-stock tenants,
the three-sevenths of honor-price are due to them for full
trespass done to them in the pe'1"SOnS of their <<saer'-stock
tenants, or for the son of a <<daer' -stock tenant; but he (the
chief) shall have nothing for the son of his 'saer '-stock
tenant; or if he has, it shall be the seventh of one-seventh.
And there is no chief of second claim, or chief of third claim
in ' saer '-stock tenancy.
'Vhat is the measurement by grains and eggs?
That is, three grains are in an inch, four inches in a palm,
three palms in a foot, twelve feet in a rod, twelve rods in a
<<forrach '-measure, twelve <<forrach' -measures in a 'tir-
cumhaile' -space in length, six 'forrach' -measures in its
breadth, if it be of its lawful dimensions.
Twelve times the full of a hen-egg i;s in a' meisrin'-measure,
twelve <<measrin '-measures in an' ollderbh '-measure, twelve
,ollùerbh '-mea.'mres in an <<oilmedhach '-measure, or in an
la.N 1M h CM>-
f
"
t
+
.
(
.\v1W
'N'W.
3:36
Lebap. a1cte.
THE BOOK ol r e111e . Cet;hpap ap flChlt; '00 clelpelb lmme, OCll}' 'Oa
m' fep 'Oec '00 t;um:;hmb. Cut;pum(( bl'O 'Oolb, ocu r 'Olabla"O
Awu.I..
lenna '00 l1a t;uat;mb, ap na pabat; l1a clelplE ap meq'cl,
ocur ap l1a 1111lla a t;paf;a umpu.
c. 1830.
> [Conmerelt a nEn1ma ocur a pacha] ar a tmmb, ar
({ retbmb, [OCUf ar a naora a cm:;p.uma].
.1. mar a cunl1t;abmpt; 111 uai7mb no l1aea uai7mb '00
1 11ne 'O 111 mapba'O, 110CO nUll mt;h;Sln 'OIC ann; act; f)l(( com-
)wËa leo map aen, ocur CI'O be 'Olb pIp. p05a In cilmlllcup,
''''re'O blar '00. OClIr I)' amlm-o '00 nrcell In cpan'Ocup:
t;pl cpmn"O '00 ClIl! 111"0, cpann CHIt;m51, ocur C)lm1'O )'lc(1Jn;Sl,
ocur cpan"O l1a t;)111lnOln lIa '0101'0. 11' lop '0(( rl(( CI1 5 a -o no
'Oa r lmnn u;5a-o. filar e cpan'O l1a 1::')111101t;1 t;H1I11C ar, a
èup cae l1umpe 110 co t;1 cpal1n mle ar.
If" H1ara CII1"Ot:1 cona'O u((Ôb '00 pll1e"O In m((pba'O, I]' ((1t;h-
5 111 'Ole an'O. mmt;h 'OO1b map ael1 r'n. t11mi7 'lion r'l"
((mUle, mH1l(( In)l l1ach mIL bec Cet;cl11t;aë po r O ;5ml pI]'.
H)md1 'lion 1-'1)1 i7all, mal1a It;l)l nach mIL bli7bl11eë )10 1' 0 5-
ml Ua'O. )l1mt '0011 mt;h5111,lm lC '00 5abml Ua'O ((l1n.
2<>1]' amlm'O lCt;ap 111 mt;h5111: cpa11'Oèup '00 cup ap cac 110e11
r ellb , ocur ap caè naen mIL '00 ret;mb na ]'elba 1'111, co
rm'Ot;ap In mIL mpltl po r05lm'O plr; copab lal1 )..'0 mcne"O
111 mlll'II1ICt;((P a11"O; napa mIL Cet;cl11t;((ch 1 cm((1"O Hl mIL
bltbl11ee, oCllr napa mIL bltb111ëe 1 Clnm'O mIL cet;cHlt;m5.
L\ Vcur ((1 1 1llmt;he pe felchemml1 t;olche'Oa '00 IlItep 1'1 11 '0((
mbe ac acr la an::h;S111a 0 fI)l 'Opp. Ocur I)' amlH1'O lCa1'O-
l"um 111 nmdl;S111 r1Tl et;appu felll t;((ll; reet; panl1a 1m
'OUlne, CUIC panna 1m b01ll, ocur 'Oa pmn'O 1m echo Cach
ump I)' ]'echt; panl1a 1m 'Otllne, lCWt; In"Olle lam t;pl panna
1 Two 'oljfine'-measllI.ell. In O'D. 1067, half an 'olfeine'-mcasure is said to be
equivalent to an 'olpatraic'-measure; and the proportions are mentioned, as lIi't
laymen to twdve clerics,
THE BOOK OF AICILL. 337
tfr =.vv
'olpatraic '-measure/!L.1Lich l'fHtw'in 9 tw o' olfeine ' -mf " .,
.1 TilE BOOK r J ? 'fit;: 1
Four and twenty c(èrics sit down about it, and twelve lay- AI
7..J
men. They (i.e. both parties) get an equal quantity of food,
hut double ale is allowed to the laymen, in order that the
clerics may not be drunk, and that{ their canonical hours d;
'1WÝ -c
IillI:Y not hp,ße t
y on them. /
Their deeds and their debts are estimated equally
from their numbers, from their herds, and from their
ages.
That is, if it be doubtful whether it was by them (the
pe1.S011,.'
chn.J"ged) or not by them the killing wa.', committed,
there is no compensation to be paid for it (the killing); but if
they both choose, or whichever ofthem chooses thatlots should
be cast,. it (the casting of lots) shall be conceded to him. And aIr. TIt<
the lots are cast in this manner :-three lots are put in, a lot lots,
fur guiltiness, a lot for innocence, and the lot of the Trinity
after them. This is enough to criminate or acquit them. If it
be the lot of the Trinity that came out, it is to be put b(lÆk
each time until another lot comes out.
If it be certain that it was by them the killing was com-
mitted, compensation shall be paid for it. This is good for
them both. It is goud for the man outside, unless he knew that
it was not a small animal of first offence that injured him.
It is good fur the man inside, unless he knew that it was not
a wicked animal of ltis that did the injury. It is good for
the compensation, with respect to getting payment from him
for it. This is the manner in which the compensation is
paid :-lots are cast upon each herd, and upon each animal
of the 'seds' of that herd, until the particular animal i'l
known which did the injury to him; so that the full fine
according to the nature of that animal is paid for it; that
it be not an animal of first trespa
s for the offence of" an
habitually wicked animal, or an habitually wicked animal
for the offence of an animal of first trespass. And this is done
for the good of the plaintiff should he be suing for compen-
sation from man to man. And this is the way they pay
that compensation between themselves within :-seven part'!
for a person, five parts for a cow, and two parts for a horse.
Whenever it i
seven parts for a perSOll, cattle of fuII:tìlll'
YOT.. III. z
338
lebatt mete.
TIlE nOOK b h 1 1
OF a1' ap. 'Our, oeu1' -ceeml:: I elll 'Olur co 111'01 e e1L1 1m l::p1
AIl'ILL. llnfi'ì)((1 b m 1e, oell1' C0I111cn, el::fQ11lU : n'can: 111'011p 1prcI eo
hl1l'Dt1e mdrj:;111Cl1m an p.ell1l'O m:u (q1 rcel"ch Cl1l::hp11U, OCn r
com1 cm1:: el::lIl'-lHl.
('ach limp '1' CI1IC 1'al1l1(( 1m h0111, 1CWl:: 1n'011f' 1mn 'Oa
p.ml1'O a1' eq1 '0111'; l::6em1:: 1 ClUb'mll1' co 111'01Lth lere 1m 111
'Oa P.WI1'O ((1te, ocuY' eOm1Cml:: el::(!J1J1l1; 'Lpcmt:: 111'01te tmT1
Orllr teie co 1T1'01Ltb ml::hEma 1m 111 p.ml1'O at::a ap rc((i
wd1'511)((, OCU1' COm1C(ll:: f>l::nllp\t. 110 '00110 cella, eoma 'Oa
to P((111'O 'Oec '00 'OC11nm '001\ Wl::h
111 1m 'OU111e, OC\t1' nae
11a11'Oa 1m b0111, OCur l1((e p.((11'Oa 1m echo
Cach ttmp. '1' 'Oa P.((I1'O "{Iec 1m 'OU111e, reCl:: 1,((11'0(( ap,
111'Oll1b t((111, certr.1 rxm1lC( ar. 111'OILtb 1p1Ô, octt1' p.a11n ((1'
111'Oltlb em::hE1Ha. OCttr '1' ((mtcn'Õ 1"11 ((U(ll:: 111'01te tete
{roclI1' ce1tl11 recr:film'O ap 111'01tlb t((111, oeu1' 111'Olte ((1r:h;;::;11la
1 cer:hplllmi'e p.e Im1'OILtb tete, OClI1' 11l'01Ltb wdl5111a 1
reCl::ma'O pe 1TlûlLtb tm1\.
Cach \tmp '1' 1we 1,0:1111(( 1m b0111, CU1C p.((11'Oa ap 11l'O\Ltb
1wn, aql1 a1111l'01Ltb le1i'" ll((1)1\ o:p 111'01Ltb O:1'1:::11'1;\1\a; GCU1'
2011' amtw'O ((l::W1:: 111'OILtb 1 ql1 CUlCI'O 1te 111'OILtb tml1,OClI1'
111'Olte a11::h;;::;111(( 1 ql1l11\ p.e h111'OILtb tefe, octtr 111'Olte wi-
5 'nc ( [I] ClIlce'O r.e h11l'01Ltb t{n11.
C.596.
\
Caë l1m1"1' l1((e PW1'O(( 1m eclI, r f'Plr1'p] pml11(( ap. I 11'OILtb
C. 1830. t
tml1, OCl11' q11 ((P 111'01Ltb lei'e, OCIIY' 'Oa P.Cl1l"O ((J1111'OILt )
. 0<'((1<:11;;::;1 11 a ; oellr 'T' ((filt W'Õ fill (('{'((It:: 11\'OILe Lf'i'e 1 nop((
ced1pU1mie pe 11\'OILtb tlt111, ocnT' 111'Olle urr1r
111(( 111 '0((
1::1 1WI1 p.e 111'01Ltb 1e1t:1, ocn1' 111'011e mdlE11Il\ 1 let 1...e h111-
'01 Lt b túm.
')(\)\
'
.
it, Ý ma ram 111'01te tm11 OCII1' lete OClIT' ((I'L lI 5 11 1C( ac mapbu'Õ
I .Yine pm.fsfiJl" a
OIl'. The ;UR. adds here" .u. tlanna 1m \JOIn, five parh
for a cow," which is plainl
. a mistake.
2 Four of these part,.-O'U. Hf.-l reads here" p'ët::, se' en,"" hich i- manife,tly
wronJa
THE ROOK OF AICILJ,.
339
pay three part
of them first, and they come into shares TilE ROOK
OF
with cattle of halfjìne rpspecting other three parts, and AICILL.
they pay them equally between them; the cattle of halfjine
come into shm'es with cattle of restitution respecting the part Ie l'
that iq for restitution, and they pay equally between them.
Whenever it is five parts for a cow, the cattle of fulljine
pay two parts out of it at first; they come into shares
with cattle of halfjine respecting the other t.wo parts, and
they pay e(lually between them; the cattle of full-fine
and of halfjine come into shal'es with cattle of restitution
re<;pecting the part t!mt is fo
ion, and they pay te t
cqual1y between them. Or, (/ccol'ding to othel's, the restitn-
tion may be divi(led into twelve pa1is for a person, and nine
parts for a cow, and nine parts for a horse.
Whenever it is twelve parts for a man, seven of these pmis
are upon the cattle of full-fine, four parts upon the cattle
of half:fine, and one pa1i upon the cattle of restitution. And
thus the cattlcof halfjine are i na }J1'oporfi.onoj'four-sevenths
with the cattle of full-fine, and the cattle of restitution are
in one-fourth pl'O}Jm.tion 'with the cattle of half-fillf', and
the cattle of restitution are in (me-seventh pl'u}Jm"iion with
the cattle of full:fine.
'Vhenever it is nine parts for a cow, I five of these parts are
upon cattle of fulljine, three upon cattle of halfjìne, ancl
one part upon cat,tle of restitution; and thus the cattle of
halfjine are in three-fifths ]J1'Opodion with the cattle of
full:fine, and the cattle of restitution in one-third p/"opudion
with the cattle of half:finf', and the cattle of restitution in
one-fifth pl'OpOl'fi01L with the cattle of full-fine.
"Thenever it is nine parts for à, horse, four of these parts 2
a,'e upon cattle of fuil-fine, and three upon cattle of half:fi ne ,
and two parts upon cattle of restitution; amI thus the cattle
of half-fine are in three-fourths p1'Opol'iion with the cattle
of full-fine, and the cattle of restitution in two-thirds p1'O-
pm'tion with the cattle of halfjine, and the cattle of restitu-
tion are in half p/"opm'tion with the cattle of fulljine.
If it be different cattle of fulljine, of halfjine, and of
restitution that an' tngPih(,l. cJ/yo!lecl in the killing of" a dog
VOL. lIT. 7. 2
4 M9t$'
cJ-n,-
.(.
t r
fit
1TVD.
7
7
þ
fidlMJv
f' .IJ.,Ll
.
340 tebap. met e.
;f<-
VI/I oSti 11.1
THE BOOK C011 11a L:p1 "-5111m. 1Ca1L: 111'O1l1 lin11 ceL: h r U1mÔ OCur reeL:-
A m' ma'O at') 'Ou r , OCu r L:eCa1L: a C'U1b1t1 r co 111'0111b te1t:;, 1m
!CILI:. "
ced11uI1mh OCU1' 1m reeL:nw'O, ocu1' COm1C((L: eL:((J1J1u.
'GecmL: 111't!1t1 tin11 OCUr
,te tet:e [1 ClI11YÐ1ur] co h111'01-
c. 1830.fl1b arcll511W [1111 ceL:hTu111'Í1e], OCU1' comIcaL: eL: a l 1 J1t1.
+ 114'/f- 1, tK<
.fw
1 M,I!L,...w-
tria r
111'Olle tete ocur l((i11 he, ICaL: 111'Olle leo11
CeL:hrll1mtl r e l:L:111m'O a1' all L:Ur, OCur L:eCa1t:: a cU1b'O IU r co
h111'Oll1b let
t::h
lmt:;, Ocur 1m reet:111a'O, Ocur Coml-
,-----
C({lj. 'CeCa1t:: 111'Olle la111 Ocur 111'01le lete co h111'Oltlb
o ((1L:h5111a 1m cet::hpU1111t" OCU1' comlcat:: et::urr u .
t(,ii("
ma 1'a111 111'Olle la111 ocu1' le
e, 1cat:: 111'Olle lam cet::h-
r U1111 t::he ocu1' oCL:ma'O {(r ap t::ur, ocur t::eCa1t:: 1 Ct11b-
'Ð IU r co 111'Oll1b tete 1111 let ocur ,m oCL:ma'Õ, ocur C01111ce't"
et::arr u .
,F ma1'a 1117>1le la111 ocu1' a1L:h;:;l11a, 1cmt:: 111'Olle l((111
t::eor a C6"ChrUI111t::1 ar al1. 'Our, ocul' 'CeCa1t:: 1 Ct11b'OIUr co
111'Oll1b a1L:hSI11(( 1111 cet::hpt11m
l, Ocur C01111cat:: et:: a l 1 1 w .
1
q<:r.i>
mar a 111'Olle tete ocur a1L:h;:;111a, reet:: r((11'Oa '00 'Oe11um
'0011 ((1<::115111 ((1111, ocu1' ICrn:; 111'Olle tëteCl11C r a11 'Oa ar 'Our,
.ooCU1' t::ecmt:: 1 cmb'D1u]' co l11m:>1l1b a1t:;:;111a 1m 111 'Oa 1'((111'0
a1le, oCU1' comIcaL: e'C((11T1U. 110 '00110 ce11a, rn:;a C011'p'0 1 r '
111 'OlI111e '1' 'Oeo1'a1'O 1 C0111 l1a L:r' 11Fn1m, co mbmt; 111 CU'C-
r uma 1'0 IC
a1t;ea 1 11'Ol1111e '00 p.a1111a1b 1 11eCCU1b'O IU r 'O\C
111'Ot:1 .1. 'Oa 11<<1111 'Oec '00 'Oe1\um 'lie 111 arU-DU (mpubramar
'2"rOnWI11'O a1r 111 eCU1b'OIUr 1m 'Ol1111e. l11'Olle lå111, Ocur let;e,
OCU1' ((1t::hE'lIa 1'111 1 1011Ia1 1\'O.
m((11a U1l aCL:111'Olle lål11 ocur lete, 111 11a1L:h5111 '01C 'OO1b.
I A dog of the th,'ee deeds. Th,lt is, tracking, seizing, anù defending a person
:ittad,('.i. in certain <'a<ps. Yid. 0'0. :!44!1.
THE HOOK 01<' AICILL.
341
of the three deeds,") the cattle of ftùl:fìne pay a fourth and a Till'; I'O"K
seventh first, and they then come into shares with the cattle Al
:; L-
of half-fine respecting a fourth and a seventh, and they
pay equally between them. The cattle of full-fine and
the cattle of half:fìne come into shares with the cattle of
restitution respecting a fourth, and they pay equally
between them.
If it be d
-'!
þt cattle of full:fine and of half:fìne that
hare killell the dog, the cattle of full-fine pay a fourth of a
seventh out of it (the fine) at first, and they come into
shares with the cattle of half-fine respecting one-fourth and
one-seventh, and they pay equally. Cattle of full-fine and
cattle of half-fine come into shares with cattle of restitution
respecting a fourth, and they pay equally between them.
If it be
Bt cattle of full:fìne and of half:fine that
hUL'e killed the dog, the cattle of full-fine pay the fourth
and the eighth out of it (the fine) at first, and they come into
shares with the cattle of half-fine respecting one-half and
oue-eighth, and they pay equally between them.
If it be cattle of full:fine and of restitution that have killæd
the dug, the cattle of full-fine pay three-fourths out of it
at first, and come into share8 with cattle of restitution re-
specting a fourth, and they pay equally between them.
If it be cattle of half-fine and of restitution that have
killed the dog, the compensation "hall then Le divided into
seven parts, and the cattle of half-fine pay five parts at first,
and come into shares with the cattle of restitution respecting
the other two parts, and they pay equally between them.
Or, according to othe7'8, as the body-fine of a person who is
a stranger is the fine for the '
dog of the three deeds," so
the n
lmber of portions which would be paid for a person in
cuses of unequal division should be paid for it, i.e., as to the
dispositions which we mentioned before in the case of unequal
division respecting a person, they are to be divided into
twelve parts. Cattle of full-fiTLe, and half:fine, and restitu-
tion u ,.e those nfc'Ted to before.
If there be only cattle of full':;Ìne and half:fine, the COlll-
pt;ll
atiull i., to be paid Ly them.
lkþfÙ
a
0/ !Iv.
'f'Uld'1 h\L
.
TIlE ButJ'\:
01'
A 1C1I.L.
cl- lIlJt. 5 f-
"-
.::,j
'tV, (
r
bqr
I (,\lf
:.
t-
C "ql.. 2,1'S't-
'f E
H. lit
3-1
lebap, a:,cte.
1n t;Wnm'lWIl'Oe 110 1efWL1r 111'Olle lei:e 'le 111'mle lam.
co m ber
111'Olle C(H:;hF:111(( ((ceu, cupub e 111 t;Wl1mpWI1'Oe 1'111
1emt; CUll a mberc oeur 111'Olle lWI1.
1!lar a 111'Olle wt;hEI11a oeur 111'O111 lete Ull al111, 111 ar
-
EI11 '01e al1l1 '001b, oeur 111 t;WI1I1ITw111'Oe po lef mn r 111'Olle
Wt;hE'11a pe 111'Oll1b ler
l, co mberc '0111'Oll1b lWI1 acu, eopub
e 111 t;Wl1mpwl1'Ol pn leWt; calla mbe1
oeur 111'Olll lete .1.
re01t; eet;hITlUp'Oa 1'0 pomWl1'O.
111ara r e01 t; ((t;a rm((ct; ocur Wd'5'11, oeur na rll1t '011 1 ("
., ma t;a eeri
fl1 eUt;fluma a ((1t;hpl1a '00 rmaét; al1l1, '1' apu'Oa
r e01 t; ee1h, 1a , 1 7)a j mal1a fUll ee1i'fl1 eUq'lUma ((1t;h5111a '00
rmaCt; al111, '1' a11.U;)a reott; 'Olubult;a.
1 nu r u 1110 111 rmart; 111a l1an:;}lEI11, oeur 111 rU1l eelt:pl
eUt;pumu,' 11(( wt;hE'11a al111, locU'1 111 'LWl1mpWI1'Oe 1'1 11 1ìl
15"'0011 ((1t;hEI11).ber ap 11l'Oll1b fO'Lh5111a; oeur a rml al111 0
i:a 1'111 amaeh ((p11l'Oll1b lWI1 oellr lete.
111<<r a mo 111 ((1t;h;<:;11l 111a 111 rmaé'L, 111 t;a1111llpWIl'01
5e,ber'11 pnact;bee 1}'111 I1Wd15111 mmp, cop.lIb e 111 t;Wl1m-
'lWI1'01 1"11 '0011 ((1t;hE111 bel' ap 111'Oll1b mdI5'11a; oeur a
'op\1l al111 0 i:a 1"11 amac ap, 111'O\l1b la\11 oellr lei:e j oeur a
com1C 'OO1b et; a fl'lu.
1 n ((1' alpe '00 eUat;U'l '00 cum 111 breldJ6mal1, 'OWpr W È)I'O
Cl1l'Oar 1crWt; 111 eeemb'01ur, 're'O '1' e01r '0011 ùl1 el t;hemU111
((1]11 a pa'O; 1ea'O rep no hael1 bo cuquI1llUr pe rep l1a mbo
1III'Oa. 111(( emb'01Ur '00 eu((t;up, '1' em)1 '0011 br e1 t;hemWI1
a pa'O; 1ea'O rer l1a oel1 bo ellqwma p6 haen bml1 '00 buwb
ppl1a mbo 1111'Oa.
Cach C1t1 co c1t1t:ach.
,1, C6111 bel' e111'LaC 1 efl1c noeo 'Ote::;ar 111 bleoEwl1 b'1((
THE BOOK 01<' AII'ILL.
3.,13
The proportion which cattle of half-jine would pay in 1.C- 'I'll" nOOK
lation to cattle of full:/Ìnc, there being cattle of restitution AI
LI.,
with them, is the proportion which they (cattle of lwlf-fine)
pay when they are with a cattle of full-finc oaly. a Jr. .llId.
If it be cattle of restitution and cattle of half-ji nc that are
concerned in it (thc killing), the compensation shall then be
paid by them, and the proportion which cattle of restitution
would pay ill nlation to cattle of half-fine, they having
cattle of full-fine with them, is the proportion which they
shall pay when they are "ith the cattle ofhalf-jine only, i.e.
the above were' sed::; , of fuur degn
es.
If it bo a 'sed' which has' smacht '-fine and restitution,
and has not' dire '-fine, if there be four times as much of
'smacht'-fine as there is of restitution for it, it has the
grÐrlll
t.j on of a ' sed' of four degrees; if it has not four
times as much of' smacht '-fine as it has of restitution, it has
the graduation of a 'sed' of douhle.
If the' smacht '-fine be greater than the restitution, and
is not equal to four times the restitution, that propor-
tion of the restitution shall be upon the cattle of restitution;
and what there is from that out shall be upon the cattle of
full:fine aIllI of half-fine.
I f the rebtitution be greater than the' smacht '-fine, the
proportion which the little' smacht '-fine bears to the great
restitution, is the proportion of the restitution that shall be
upon the cattle ofrp"titution ; and what there is frum that out
shall be upon the cattle of full-fine and half-fine; and they
pay equally between them.
Jf it was for this they went to the Brehon, to ask how
they should pay the unequal proportions, what the Brehon
ought to say is; " Let the owner of the une cow pay as lUuch
a5 the owner of the lUauy cows." If it be in (( casc of equal
proportions they went, it is right for the Brehon to say: " Let
the owner of the one cow pay as much as one cow of the
cows of the owner of the many cows."
Every crime to the criminal.
That is, as lung a" the criminal is in the territory it is
not lawful to bue his next of kin or his kinsman surety, but
31-1 teban (ÜcLe.
71.0
-ro.JI+ rÝ"r" tt zrf
Tm; HOOK "Chap na pata 'Dacpa, ac"C "C01c1Hm {(Ip
eln '}?O' mcnei'> {(
OF
AIt'ILL. 51 1m 'D; O'cur u"Ch'Sabml 'DO' 'Sabml 'De; O'cur rO'I'Sel"Cai'> O'cur
blel-ë O'cur lO'bat> 'DO' 'Dul Ina cenn.
mana '}?U11 1 CplC l"C1p he, nO' ce l1a b61-ë, mana '}?U111'i:;
.' re01t; mC1, ma pO' l61CI1'"Cap el<YO, {( pO'Ëa 'DO'n '}?61chemmn
t;01che-oa m InbleO'san bpa"Ch{(pI1O' pata U1Ceper; O'cur C1'O
pe 'rub aC11a1
, 11' 1611' a pO';t;a; {(e"C mar e a pO'sa mbleO'F;a1n
bpa-ëap 'Oacpa, Ic"Ca11 111 1I111Ot;m'D U11e plr. Ocur mar e
(J'D.73:>. a pO'sa mbleO''Sam pm;a ['Oacpa.], nO'cO' 1l1ct;ap {(ct; ma'O
10 cept; md1'Sm.
C1'O rO''Oepa cac UU1p Ire a pO'Ëa mbleO'Ë01n b11O"Chap
'Oacpa cO' 111Ct;ap. In tl1båt;m'O U11e 1111', O'cur cae ump Ire a
pO'Ëa mbteO'
mn pa-ëa, cO' na ICt;ap. ac"C ma'O cept; mdr5m ?
1re '}?m; '}?O''Oepa; mbleO'ËU1n pm;a nO'cO'p 'SabufT:;ap ra1'Oe 'DO'
/r;- tmm act; ma'O IC nO' t;O'bac, O'cur C01p cen cO' 111ca'O aèt;ma'O
cep.t; U1d1'S1n, nO' cO' pO' l61cea rem elO''O.
111bleO'Ëa111 b}'wdwp 1mO'ppO', nO'cO'p 'Sabu1''La11 r01i!e '00'
101m 1np IC nO' t;O'bac, act; mllU11 pO' 1'0'11'1'0 CU1C1 lOp
Ce1mennmb,O'cur C01p Cia nO' Ica'O m U111'Oet;U1'O U11e, Ump
110 'Owbla'O Cmt;U1
11T1 U1t;h'Sm m bleO''S01n.
nlar e a pO''Sa mbleO'Ëmn pma 'Oacpa, nO'cO' nlcann ac"C
cept; O1d1'Sm m61ch plr 1 n'Oeca1'O, 110' cO' l61cea
em elO''O,
O'cur Ica'O 111bleosan bpad\{(}'l 'OISbU11 101me 116 h111bleO'-
Ëam pata.
25" mar e a pO'5a 111 bleO'ËU1n bpm::hap 'Oacpa, ICm:: 1'ln In
U1bat;u pO' 'Olect; ((11'0, ump 1I1bm::u C111t;U1'O IITI {(1dl
111
'Sltt mbleO'sam; O'cur 111 t;an "CIC cmt;ac pe 'Ob'Se'O,lcm'O
'01'SbU11 lmme pe hmbleO'Ë01n.
lit 7.1" 1
'3
mana '}?U11 1 quc l"C1p he, act; ma "CU1"C reO'I"C mCI 11'111
'D cplch, a pO']:;a 'OO'n '}?elchemmn "C01che'Oa 1111{("{; a re01"C Febur
0' mu'O 'Sltt, nO' 111bleO''SU1n bpa"Chap 110 pa-ëa U1ce1lu1'.
111are a pO''Sa a re01"C'OO' ben: malmm 0' mU'OE1tt,acU1"Chem
a lac'La nO' a 'S111mpa1'O, O'CU1' rll1'SeL"C O'cu1' blet-ë '00' 'Oul Ina
cenn, O'cur nO'cO' "Celt; lO'bai!. T1Ia1'.e a 11O
a 11lbleoS01n
s-bpw::h((p, 11' a b61-ë ma1l a'Oub1lama1l11Omam'O.
L:tuan '00' a1JlEeç 1tl caé e1tuc.
.1. 0' bur 'G111a cO'm11U1"C1, nO' qua anrO't;
e111S1 In'Oeltbl}!e
THE nOOK OJ.' AICILL.
345
to sue himself accordino- to his rank; and to make a distraint THE 13001\.
upun him; and to let e:pcnse of feeding and tending, and AI
;
L,
forfeiture accumulate upon it (thc dish'css).
If he is not in the territory at all, or though he be, unless he
has 'seds,' 07' if he has absconded, the plaintiff has his choice
whether he shall sue tIle next of kin or the fOurety; and
whichever of them he sues, he has his choice; but if it he
his choice to sue the next of kin, the entire clailIl is paid
him. And if it be his choice to sue the kinsman surety,
proper cumpensation only shall be paid him.
"
hat is the reason that whenever it is his choice to sue
the next of kin, the entire claim is paid him, and when-
ever it is his choice to sne the kinsman surety, only pro-
per compensation is paid him 1 The reason is ; the kinsman
surety had not undertaken to do (t1.I!Jht except to payor
levy, and it is right that he should not pay but proper
compensation, unless he should himself abscond.
The next of kin, however, had not undertaken at all to
pay ùr to levy, but as it would come to him in course, and it
is right that he should pay the entire claim, for" the com-
pensation of the next of kin is double that of the defaulter."
If it be his choice to sue the kinsman surety, he pays but
C}..act compensation for the thing for which he went secu?'ity,
unless he should himself abscond, and the next of kin shall pay
the emptying of his hand tu the kinsman surety.
If it be his choice to sue the next of kin, he (the next of kin)
shall pay the entire of that which was due in the case, for
the whole liability of the defaulter is the restitution of the
kinsman's pledge; and when the defaulter submits to law,
he shall pay the emptying of hi
11and to the kim;man.
If he (thc defaultc?') is not in the territory at all, but has
'seds' in the territory, the plaintiff has his choice whether he
shall seize his' seds' after the lllanner of a pledge, or sue the
next of kin or the kinsman surety. If it be his choice tu have
his 'seds' in hand after the mannerofa pledge, he may use their
milk or their labour, and expense uf feeding and of tending
accumulates upon them, but forfeiture does not. If it be his
choice to sue the next of kin, it is to be as we have said before.
One-third Ïi,; !mod in each' eric '-fine.
That is, when it is intentionally, or inadvertcntly in
rt J b
' Iq
346
Lebon a1cte.
Till': O
OOK
erq
oH:;e1' no cne-oct,'1' clrcpllmo ql1n C01PPl>'P' caco cne'l>'
AICILL. '00 p,t onn cach oen01J;; co plllf'l r;p' oe,wl
e, cen e1n11-
inrmbe b01U; ocur mo LO e,np;ml>lbe h((1U, '1' 01' CEli'p1
oenm]:;\b; no ,n oër;mal> pann l>ec CO\llpõ\P\ cochn cne\l>\
,-coca O1l>bp,l>o co 111C\ ocr; n((1l>bp1ÌSo l>ec, cen er;11 1 \ml>\be
b((1l1; ocu1' ma r;a e1r;'tl1ml>,be bmll, '1' m'Obpel> OIl
pc1J1r;.
t11ar r;pe ({t11'or; 1'611''5' 'Oertb,p" '1' cULpumur r;pwn lei;
C01ppl>I1'e l>0 p,f ann coè oenw'5 co Cell1l r;pl oemot', cen
o e1np1ml>lb, bmlt. Ocur ma r;a e1'C\piml>lb1 b01tt, '1' op
ce,fp\ oenCt\p b; no 111 r;ocnnaiS pann l>ec lei; CO\pp'Olp'
cacha Cne'l>1 co pUtC\ ocr; 1101l>bpe'Oo l>ec, ccn e1'C\p;m'O\ be
b01U; ocu1' ma r;a e1np;ml>\be b01tt,,1' 01' O1'Obpel> op
1"ch1r;.
l!í 1n la perter op aenach 111 pe1fenn ap O1l>bpel>. 1n ta
pe\i;er 01' m'Obpel>, 111 pe1tenn atl oenoch; ocu!' cemo'O 011
a 1'e\t oppo anl>11' 111 oenac-c., noco perëenn ocr; mOl> a1'
neèLap 'Oe. Ocur noco 'lPl1t wpm bI1e,'Che1l1nu1' 0 l>oep no
co 11mb fTIt1'1ìll>lb, bmtt, ocur 0 h,ar, In ponn o'Chpur(( no
o({1d)511W 1111 on'O '1' ctp oenuch pelr;her no ap 'LPI h01l>bpe-
l>01 b. Ucur nucon apl>01'S111 r;ubo na h01nme l>0 t l1ne fep
O1l>bp\l>o a 1((111'0151l> 01\'0, co PI' na can pr l>1 1Oc11 tel5'1'
l>0 tl015; oClIr l>a1l1Ul> e'O, 110 ÙWl> e'll1c r;ubct na hmn1l1e
anl> pe r;aeb 1'111.
'15' t110r ap '00(511) r;lIba na h01nme l>0 p'5 ne 1'ep 1OP1' 01 5'l>
a 1((pr01'5'l>, 'I'tan 11m;':; ann, ocur etll1C l>IC l>r ' p w1 1 -
1'01 t' is.
t11ar r;p' pl1plP''O l>pochte1511' co VIr l>0 l1m5, noco
nor;hreEr;att 1'e mubmte 1 lei; 1U1', aèr; a 1C l>0 5p e r.
1 For each 'Cleu(l.ch'-ill,jw"g. The wor(ls "aenaë,e, or "oenaé," and h a 1''O-
bTte'O," have been left untrlln
latcd as no gloss upon tbem, iu the sen.e which
they seem to bear in the text, has been as ) et found. " Aenaeh ,. is probabl.\ th..
e""po>ure of II blemi,h; and" aidLred," the reprO/lehing a man therewith, in \I hich
"en
e the \I ord occurs in Seneha- ì\lor., H'I. i' l p, 7
. line ó from boltom.
. .11/(1 the il/qui,.e,'. The marls of aspiration OHr the 1> and '0 in the lei-h
\I oed, IUTW U1 f;''Ó, are in different inl and of a different form the uou,lIl11,trl" of
,,,piration in the MS, They arc evidentl). Ly ,J !..ter hand
THE BOOK OF AICILJ..
347
unla" ful a anger the "uunds are inflicted, a proportion of THI'; BUOK
one-third body-fine for every wound shall be incuned in the AI
LL.
ca
e for each 'aenach '-injuryl as far as three 'oenach'-
injuries, when no limb has been remoyed;b but if a limb has
heen removed, it is for four 'aenach '-injuries it is due;
or, the eighteenth part of body-fine is paiel for a wound
in every 'aidbred' -injury as far as eighteen 'aidLred'-
injuries, without removal uf a limb; but if there ha<; been
removal of a limb, it is pelid IVj' as many ({s twenty-one
'aidbred '-injuries.
If it (the '/JJùuJuT) was iJtflictetl inadvertently in lawful c . Jr. neca-
anger, the proportion of a third of half body-fine shall ùe in- SUI"!!.
curred fc)r it for ewry 'aenach '-injury till it reaches three
, aenach '-injuries; this i,
. without removal of a limb. And
if there be removal ofa limb, it extend., a" far as four 'aenach '-
injuries; or the eighteenth part of half hody-fine for every
wound as far as eighteen' aidbred '-injuries ðhúll be petid,
when there has been no rcmontl uf a limù; and if there has
been removal of a limb, it is paid for as ?lLany as twenty-
one' aidbred '-injuries.
The day which runs for an 'aenach '-i
jury does not run
for an 'aidbred '-injury. The day which runs for an 'aidbred.-
injury does not run for an 'oenach '-injury; and though it
should ùe desired that it should run fur them both at once,
it does nut run hut for either of them. And there is no
after-judgment from a 'daer '-man, unless a limb has been
removed, and when it has, the portion of sick-maintenance
or compensation which is due for it runs fur one 'aenach'-
injury or for three' aidLred '-injvries. And it wa,> not for the
purpose of exposing the Llemish the 'aidLred '-man made
the inquiry in the case, with knowledge or without know ledge
uf had cure by the physician; and if it were, the' eric '-fine
for exposure of the blemish wOlùd Le dlle for it be<;ides.
If it ,\ as for the purpose of exposing the blemish that the
inquirer made the inquiry, the physician is e
empt in the
case, and the in'Juirer 2 shan pay' eric '-fine.
If it be in con<;equence of Lad curing" ith the physician's
knowledge, the testing time is not taken into consideration
with respect tu it, Lut it (the 'eri{;' -fine) is alwa)s to be
paid at unCI'.
a Jr. unlle-
CfSSaI"!!.
1> Jr. With-
out C1Jltillg
off a limb.
348
Leba1t a,cLe.
TilE BOOK
0"-
AICILL.
mur q11 rU111'1u'O 'OllOCtelölr can fir '00 bal'S, act:: mar
1 1e p.e muballe t::ancat::up. 1ur 1at::, '1' a e1rt1C '01C '00 b01E -r o
alcne'O ml'OalE t::echt::a no et::echt::a, co t::p.eabU1Tu.
mar 1art p.e mubmle, 1rtan; ce1fl b61t;1P. oc 1fI te1'S11'
s noco 11íct;ap. 1fI t::wpmb1161t[emn]ur; oCU1' 0 t::alp.ö eba tn
l61'Ser, '1' ann at::á p.é muballe '00 rtw'Saltt:: p.lr.
mar qua rU1p.lp.lu'O 'Op.oclel'SI1' co pr '00 balE, '1' a IC
'00 mi1U1t '00 berta'O 0 t01m. mara 'Op.oCleIE e 1\ '1' a IC '00
tWIE ro alcne'O 1111'OalE t::echt::a no et::echt::a.
Le1t e11uc cmch a C01r, a Lmm, a rUIL, a r: en 5 m E.
.1. ma p.o bena'O a let;cor, no a let;lam co tan lut::h '00
'OU 111 e, no le-cbel, no t::en5a cu nuplabl"lO, no 1'p.on co
mbolt::unuEa'O, no 1'ull co 111mclf1n, no dual' co 11 el rt::eCt::,
'1' tet::h C01P.P'0111e (.1. ap. a'Oe1t::ce) ann; '1' let; mt::hEln ocur
/i. '1' lan enedann '00 ann. Ocur '1' cet::rm'S co mbet; lan '1'111
mbel, oCU1' '1''11 rp.01n, OCt11' l1'1n t::en5((1'O; OCt1r C1'O ml1l1C
bent::mp. balllet::h alt::h'Sl1la ap. ralne rect::, (no re'PE' t::an-
al1'n), blal'O r'n '00.
ma p.o bena'O 'Oa ball let; 01t::h5'na a nenect:: 'Oe, t::p.e en-
61P.E, lan COlrtp'OIrt6 ann ocur lan enedann ocur alt:: h 5 111
comlan. Ocur C1'O m61mc bent::mp. 'Oa ball let; O1t: h 'Sma
'Oe a n611ect::, nocO bw 1fI'Onb act:: 1''11. 'eP.1 r 01n6 r ei PE'
[bena'O] 'Oe 1((t:: rtn.
1 The!! came a!l,ÛII8t hi",. That is, his wounds became troublesome to him.
2 A foot, a ha>l,l, an eye, a ton!lUl'. lu a fragment of this article in C. 631, a ques-
tion and an<wer to tbe following effect, are gÏ\'en: "When is there full' eric '-fine
for ß foot or a hand? Full' eric'-fiue is due for each member of these when he (t/,c
i,ojm'ed l"l1"ty) has but one eye, or one foot, or one member of half compensation."
a ACCQ1'di>'g to his iI.tention. The Irish for this phra"e is an interlinclI glo
B by
Ii later hand.
tk
k ?I\J41'. !N.J.- f/..l
t7I4t1,
/..,ýJ
, 4 I
K,
. 'I 5 SP :t,f/
THE BOOK OF AICILI..
49
If it wa.s in consequence of bad curing without the phy- TilE ROOK
:,;ician's knowledae, and if it was within the time of testing A OF
o lelll..
they came against him, 1 the' eric' -fine is to be paid by the
physician, according to his rank of lawful or unlawful phy-
f>ician, with security.
If it be after the testing time, he (the physician) is exempt;
while the cure is being made the after-judgment is not paid;
and when the cure shall have been finished, it is then the
testing time is the rule respecting it.
If it is in consequence of bad curing with the physician's
knowledge, he is to pay as if he (tlte phy,crician) inflicted tlte
'U'owul with his mcn hand. If it be bad curing, it is to be
paid for by the physician according to his rank of lawful or
unlawful physician.
Half the ' eric' -fine of every person is to be paid
for a foot, a hand, an eye, a tongue. 2
That is, if a person has been entirely deprived of the
use of one leg, or one hand, or of one lip, or of his tongue,
so as to lo<;e& his utterance, or of his nose, with the sense aIr. ,cith.
of "mell, or of the sight ofb an eye, or the hearing of an bIr. .
"
ear: he is entitled to half body-fine, i.e. al;()'!:1frlftfðl(,, 1the :h
.th
as.
({ilctnt's)
m;s and half-compensation and full cJr. A!,
I . fì . t (th .' ) 1 t h . A d
a>."",lh
lOnor-pnce or I e
nJU1"Y are (ue 0 1m. n henring.
it is the opinion of some that there should be full 'e1'ic'-
fine for the mouth, and for the nose, and for the tongue; and
as often as a person shall have been deprived of a member
for which half compensation is due,d the occasions being dIr. Of
distinct, (or in second anger), 4 that fine shall be pa ill to him. half co;"-
pellBOfro"e
If a person shall have been deprived on the same occa-
sion of two members for which half-compensation is due, and
through one fit of anger, full body-fine, and full honor-price.
and full compensation sholl be petÍd fm' it. And how-
ever often a person is, on the one occasion, deprived of two
members for which half compensation is due, only that
anwunt shall be petid for them. Through a different fit of
anger, they were cut off him.
, 0," in ..cond 0"9".' The Irish for this slso is an interlined gloss b)' a later
hand,
r,m Doo
OF
AICIl.L.
350 Ceha:Tt mete.
'llroH-M ?
111a fe\la'O cne'O (ql 111 110.:;an al' a mile, '1' C0111p'01PI
Ocur el1eclanl1 ((l1n fO ql1lma na Cl1e1'01 '00, Ocur m.:;h'S1n, 110
enpím'01be bmU.
m a 1lO mapbcro he ar a mdlle l'1n, ree.:; cumala 1 ne.:;a}1-
.' reap(('l) CUt11P rp1 hanlnmn, um}1 reet; a copp ocur an Un!.
m a }10 bena'O a cluar co ne1rt;el-t; '00 'OUtlle, '1' let; C01PP-
'O1}11, OClIl' '1' Le1t; enecl(mn, OClIl' '1' le
((1d1::;111; no 'Oono,
co na be1-c 1n utt;hE1n 1t;lp,- ump '1' a le1lmmn 1n e1]'1::Tën(
b'r; no '00110 eena, com(('O C01}1p'01111 ocur eneclan1l fO
lot;}1ulna na cne1ñ1.
ma 11.0 bena'O me}1a a cor 110 lam 'Oe, '1' Lan C0111P'O'1l'
ocur '1' l((n eneclal1n ocur mdlE:lfJ cornlan; ocur C1'O 1m::
a 111epa Utle bellt;a}1 'Oe, noco nl11l ní '1' mo 11(( 1'111 an'O.
ClH:p.uma 1 mep,((Ih na cor; no. cuma'O me}1a 11(( cor
,{ anlU1lme11a na lutn ; no '00110, CU111a'O cl1qlUma 1n C((c me}1
'00 na t;P1 me}1mb U1le, cenmm:a 1n o}1'Oa; tW1}1 01 1 'OU l1a
C011'1 ml1U1l Ó}1'011 nn lmme; oellr C1a 110 bem::a (( lam 0 i'a
'5Ualml1'O '00 '0111ne, '1' 111((n'O '00 ocur }10 be1lt;a 'Oe h1 ac
ajDeU; ocur cta }10 bent;a a corr 0 i'a a 'Slul1 'Oe, '1' 11H(1l7)
20 '00 ocur 11.0 be1lt;a 'Oe h1 1ca a'Ob1l 011 'O.
ma }10 raca'O l1í 'Oa lut;h 'r'n C01r no 'r'n Lmm, no 'Oa
h1mC1r1n 11'1n t;U1l, no 'Oa bolt;1ll1;sai> '1'111 t;rt 1ó111 , no 'Oa
e1rt;ect; 'r 'n cluml
, no 'Oa 1Illlab}1a '1'111 1::'1'115((17), ('pt;h-
1l 111me C01pp'01}11, 0('111' cet;h}1l11lne ((1d15'l1a, oeur Le-c ene-
lôclann ann '00 ef(C 'OUt1le 1L1111rel oClIr 11 ((r((l, ocur rHnHnrC.
((}1 ron wt;h51na 1)'111 LWIn, oct; l'C}11pmU 'Oec r n '00, a hoct;
'Oee '01b 1}'111 O}1'Omn a ael1up; (( hoèt; 'OPC ((1le lIeut; an'O-
r , 'Oe; l1ae rCp1pmU '01b 1}'1n me\l f((t;a 11'1n lWIn 'Oetr, 110
'1'111 111e}1 m1'OW'5 'r'n Lwm el1; 11((e rep1pmU acut; an'O-
'c rete; t;P1 rcp1pmll cach me111 '00 na t;}11 mql((lo ((Ile.
I The 771"ime,l pe,'son.-For " 110'[;((11 " of the ;lIS., Dr, 0 Dono\ an conjectured
.1101:ap...h The term" otnp. .., mea.ns U a li;.i("k perqon."
'I'HE BOOK OF AICJLL.
3.)1
If a wound was afterwards inflicted on the maimed per- THE TIool\:
fir
son,1 body-fine and honor-price shall be paid to him for it AICII.T."
according to the sewrity of the wound, and compensation,
or the separation of a member.
If he was killeù after this, seven 'cumhals' shall be the
fine for killing" him, for th"l'e aTe Reven 'cum/ads' for body a Jr. Bepa-
d 1 ,"ati"9 bod!!
an sou. fi"om $oul.
If a person be deprÏ,-ed of his ear with hearing, half
body-fine, and half honor-price, awl half-compensation are
dlte fUI' it; or, occordin:J to otlte1's, there may be no com-
pensation at all, for it is following of the hearing it is;
or, accO/'dillg fo otltas, it may be boùy-fine and honor-price
according to the sevel ity of the wound.
If the toes of his feet, or the fingel's of his hands have been
cut off a pC/'lelon, full body-fine, and full honor-price, and
full compen<;ation arc due; and even though it be all his
fingers that have been cut off him, there is no more than this
for it.
The}'e is the samefinc for each (if the toes of the feet; or,
acc01Yling tv othe1's, the toes of dIe feet are 1)(/ id fo/' as the
fingers of the hands; or indeed, there is the same fine for
each of the three toes, except the big-toe; for the Lig-toe
of the foot is like the thumb of the hand; and though the
arm should be cut off a person from the shoulder, it (thefine)
is the !'K'lme to him as if it were cut off him at the elbow;
and though his leg were cut off him from his knee, it (the
fine) is the same to him as if it were cut off' from the ankle.
If any of its power has been left in the foot or in the
hand, or of it<; sight in the eye, or of its sense of smell in the
nose, or of its hearing in the ear, or of it<; utterance in the
tongue, the fine i -lone-fourth of body-fine, and one-fourth of
compensation, and one-half of honor-price for it to every
person whether low or high, and a' samhaisf-heifer. As c.
compensation for the hand, twice eighteen . screpalls ' are
payable, eighteen of them are for the thumb alone; eighteen
more 7.emain with you then; nine' screpalls' of these are
for the long finger of the right hand, or for the midtlk
finger of the left hand; nine' screpalls ' 7.emllin with you
then; three' screpalls' (U.e for each finger of the three other
fingers.
c. ..)
(/e Jrlfw.iv)
?7tJtt.
352
Lebap. a1rtf'.
TIIF: BOOK
HI'-
AICILI..
'l::r' 1'cr'pwll 111<< bumn 'l'1n alt:: 1cht::allach, 'Oa 1'crepall
'1'111 nalt:: me'O01lac, fCr,epall wr '1'111 alt:: uaët::ull.ach.
111a 1'0 ben(('O bapr a me01r 0 bun na h1n5ne, 0 t::ha a
'Ouban l'uar 'Oe, C011l.P'01111 ocuf eneclann ']?O qtUma 1111
.fCne1'01; 110 ma 1'0 ']?ercrn ']?ml1u5<<Ì) mr ac buam a 1n;t;t1I
'Oe,1f e1r'C ']?ml1i:';ëe '00 ((n'O. 111aro'Ouban rUarTlObena'O
'Oe a In5u, 61rlC bam b61me ann, OCUf 1n5u 61t:: 'Oon t::lm-
panac11 all. fon wt::hï;ma, mafa 'Oe '00 ben<<'O.
111a flo bena'O a leG rolt:: no a lml rolt:: '00 'OUlne, lei"
/0 c01flp'01re ocuf lei; mt::h
111 ocu1' lan eneclann.
lit dv fJ
,<LJ.d,
cJl...;......}'-
k,þ. f,r
o'ß.ll ma 1'0 benau
.J>r
u<<ct::alr a ful 'Oo'Omne,C01}1p'Olr'OCUr
Jr.,,,....
tIv .!,
iI- eneclann ann ro t::ruma na ene1'OI; no, cuma'O lei'; C01rp-
.....r
ot,<J.lell,e".c1.......
'011" ocuf lei; eneclann an'O, ma cot::lw'O; ocu1' mana
eolan'O, If lall eOlflp'011u, umr 111 beo 'Omne cen collu'O.
II b'h ,qb'&, c, 1'11
'3 m afa Urran'DUr 'DO lei; rolt:: nO 'DO lan rott:: po bena'D
"Oe, m t::mnmrmn'Oe 'DO lei; rott:: no 'DO tan rott:: flo bencrn
'De, curab e In t::mnmrmn'De 1'111 '00 tei; C01pp'Olre oCUf 'DO
lei; mt::h5111 oeuf 'DO lan eneclann bel' ann.
.Jt,D
"Oa ba '1'111 cnocbelm, no 1fln n5H11lfL'D co toma'D, oCUf
:10 rect::mcrn neneclmnne; ocu1' cut::rumuf r eë t::11lw'O In 'Da bo
'Dalt:: h 5 111 'Olmarcrm'O 1fln n5luna'D co 10ma'D rech In cnoc-
belm. 1n aenma'O rann pchm:; 'Da1t::hpn Ifln n::;luna'D co
10ma'D, ulnEe 1f1n mbanb61m, nO 1f111 nFl1l11a'D cen toma'D.
"Oa ba 'r'n cnocbelm, no Ifm nE,una'D co toma'O, <<Jcu1'
s-rect::ma'D eneclwn111; ocur reët::mcro 1fi 'Da bo 'OwdrS111
'Olmarcrm'O '1'111 nï;1t1na'O co toma'O. Ù01f111 mbanbelm,
no 1f1n n5,una'O cen toma'O; 1n aenma;; rann pchlt::'Owt::h-
5 1n '0 1ma r C pa1'O Ipn n5,una'O cen toma'O.
1 Lump-blolD.-That is, a blow which produceR a lump On the part struck.
2. The white blow.- That is, a blow which does not produce a lump, or CRUse bleeù-
ing or di:,colouration.
THE nOOK OF AICILL.
353
Thue m'c three' screpalls' for cutting the lowest joint, two THB nOOK
'screpalls' for the middle joint, and one' screpall' for it (the AI
:;.I..
inju?'y) for the upper joint.
If the top of his finger has been cut off him from the
root of the nail, 01' from its black upwards, body-fine and
honor-price a?'e petid fOi. it, according to the severity of the
wound; or if bleeding was caused in cutting off his nail, he
shall have' eric' -fine for bleeding on account of it. If it was
from the black upwards his nail was cut ofl'him, there shall be
'eric '-fine for a white blow on account of it, and a wing-
nail slutll be gil'en to the harper by way of compensation, if
it was off him, it (the nail) was cut.
If half his hair or the whole of his hair has been cut off
a person, half body-fine and half compensation and full
honor-price shall be peâd for it.
If the upper lids of his eyes have been taken off a person,
body-fine and honor-price shedl be paid for it according to the
<;everity of the wound inflicted; or, acc01Yling to others, it
(the penalty) may be half body-fine and half honor-price for
it, if he sleeps; but if he does not sleep, it (the penedty) is full
bod y -fine, for a P erson cannot liveR 'without slee p . -I I
r. B 'lUt
If it be a part of half his hair or of the whole of his hair alive.
that has been cut off him, the proportion of half hair or of
whole hair that has been cut off him, is the proportion of
half body-fine and of half compensation and of full honor-
price that shall be pnid for it (the cutting).
Two cows nre pnicl for the lump-blow, 1 or for the shaving
bare, and the seventh of honor-price; and the fine f01"
the shaving bare exceeds the fine for the lump-blow
by the equivalent of the seventh. of the two cows to be
given as b compensation. The twenty-first part of compensa- bl r . Qf.
tion is the fi1U?, for the shaving bare, and an Ounce for the
white-blow,2 or for the shaving without making bare.
Two cows are peâcl for the lump-blow, or for the shaving
bare, and one-seventh of honor-price; and there is one-seventh
of the two cows due as b compensation additional for the shav-
ing bare. A cow is pni(l for the white blow, or tor the shaving
without making bare; one-and-twentieth part of compen-
sation additional for the shaving without making bare.
VOL. III. 2 A
354
Lebar- a:1cte.
THE BOOK
OF
D'b 1%lf- AICILL.
Cm'01 'Oe1
b1fl at:;aflflu fO .1. 11::1fl cmt;111, OCur 1 bmt n::a:
tomfla'O fOfl'Oflo111'O cach mna T;fl1 t::flebtonnar '00 flenafl '00
'01b t::fle11I1Ó f1ac ã meblar5-c1? .1. C01flP'01fll a cnet'Oe nt::a
"OO1bfun'O 1n e1fl1C E\\mt::a co 10m a\), no cen 10ma'O, ocur
s- eneclann at::a '01 taU 1na raflUEa'O.
;;i#
Ot
. ?1A
,/
.JJ.u.Jv
diJr.wW'
W
Okllfbl;-
e1fl1C E1unt;a co toma'O u c1abmb 11a Cfloran, ocur na
fcotoc, oCUf na n111'5en maet, OCur 1 caimfl a ll U1 fc, OCUf a
f1n'Ofa'O a malaè, no cnr(;1fl, no feroc no a mJtca na fear.
1 l' e1fl1C 51unm'O co 10ma'O no cen loma'O 'OO1b ann; no,
coma'O elfl1c lef: pult:: no lnn ft111t:;'001b anuflla; no 'Oono,
co n a be1f: flan'O '001 b 11::1fl 'O{(1f:;S11l 1 necorc 1n'Ot1E<::eë.
OCUr cw no bent::a a bmU te
md1E1na 1111e 1nuenfect;
tan c01flP'01fl1 OCUf tan mt::hE1n ocuf lan enectann
'001n'Ot::1b.
O'D.196!- ,!í [mar 1 a 111'D1m 110 bena'Ò ar 111 '0111ne, tan c01flp'01fle OCUf
5. tan encetann, ocuf {(1t:;hE1n comlan '00 1111::1b. 1
a hmfl11e
t::01te, ocur 1n t::011 te1
, cm be '01b bent::afl afl t::ur, 1f
ann m::a 1n C01flp'Dlfle comlan, OCur C01flP\)1t 1e fO t::fluma
na cne1'Oe 11' 1n 111 bent::afl 'Oe fO 'Õe01È- mar 1 a 111fl5 1
o cte flo bena'Õ ar at1 t:;ur, 1f tan c01flp'Olfle, umfl 1f umf:1
at:;a 1n Ee1ne1ï1mn; ma a 111fl51 'Õef, 11' C01flp'D1fle fO cUt::-
ll uma na cne'Òe. 'Da1ne 'Ow f05nat:; f1n, ocur '00 E111
ctannuEa'O '00115. ma 'Omne '00 na fOEnat::, ocur na '0 en at::
ctann '001b, ammt at::a fen01fl "01bt1'Õe no fefl Eflm'Õ, 111
15'f111t 'OO1b 1111::115 act:: c01flp'01fle fO t::fluma na cne1'Oe.
'-
1Wrt'
#.M
.
ð'IJ-If6r)
O'D.1966. mcr cnam cumach cen tet>flcro C6n cne-Ð, 1f a fo'Omt'01fle
ocur m-èEmlJ: fé111; ma '00 flat:: 1muflflo 111 cnam comaë
THE BOOK OF AICILL.
3:')5
'Vhat is the difference between this, i.e. between the THE Boox
shaving of the hair, and where it is saiel :-Fm' shaving of AI
LL.
the belly of any women through wantonness there i., in-
curred two-thirds of the fine for seducing her 1 That is,
they have to pet?} in this case body-fine for her injury as
, eric' -fine for shaving bare, or without making bare, and
she has honor-price above for her violation.
, Eric' -fine for shaving bare is lJuiel for the false locks of
the poets, and of the' scoloc '-persons, and of the shorn W..rls,
and for the lashes of their eyes, and the hair of their brows,
or for the hair, or the beard or the whiskers of the men. It
is 'eric '-fine for shaving bare, or not shaving bare tlwl shall
be pait! to them in this case; or, according to others, 'eric'-
fine for half hair or full hair shall be lJaid them for the hair
of the head; or indeed, according to otM1.S they shall have
no part of compensation for an unlawful visage.
And though all his members entitled to half compensation
ShOlÙd be cut off a peJ'son on one occasion, he shall ha
'e full
body-fine only, and full compensation and full honor-price
for them.
If it is his virile member that was cut out of a man, he
shall bave full body-fine, and full honor-price, and complete
compensation for it. As to the gland., of desire, and the
sinew of desire, whichever of them is cut out first, there is
complete body-fine for it, and body-fine according to the
severity of the wound for that which is cut off him last.
If it was his left testicle that was cut out of him first, it
(the lJe1uÛty) is full body-fine, because it is from it generation
proceeds a ; if it be his right testic
e, it (tM lJenalty) is body- aIr. 16.
fine according to the severity of the wound This is in
case of people to whom they are of use, and whom they
serve in procreating. If they (tM pe1.sons 'mutilated) be
people to whom they are not of use, and for whom they do
not procreate, such as a decrepid old man or a man in orders,
there i., nothing due to them for the loss of them, but body-
fine according to the severity of the wound.
If it be a case of bone- breaking without rending or wound-
ing, it (the pCTmlty) is a division of 'dire'-fine and compensa-
tion itself; if, however, the bone-breaking has caused a
VOL. III. 2 A 2
356
Lebar- a:1cte.
THE BOOK C11e;;, 11' C01flp'01fle fO alC11e;; lW cnel;;e, ocu1' a fO;;all
OF
AICILL. e11ech 111 t;a11 11' mo mar a fo'Õmt 'Olfle fem ocur mq,m.]
,2-)
ct'
t J
)"'V
(J
,8'S-7
Fep,'Dmp, a no
hp,ura U1te, aê
a reflEa.
f! J1ð.(,
.1. be11afll<re Ultefofl a'Oolfllt;hm umr bl'O ocur te5a, 11a
5" 'Om11e, nac<re ercebt;m'Õe un::;hlfl.
o bur t;fll comflmt;1 110 t;flW anfot:: f61flEl, cm fefl5 '061t-
blfle Cl'O fefl5 m'Oe1tblfle, 11' bw'O ocur bmÈ '00 co flulcce a
t;each.
Na hUlte 'Omne 11acll1t; ercebt;aI'OG Ult;hlfl, mar t::fll com-
Ic f1lXIt;I, 110 t;fll a11fot; f61fl51 111'Deltbl}11 110 fepa'D cne'O OflPO'
11' a 1161mbpelt amac afl fotm;; 11ot;hpu1'a, ocur bw'O ocur
l1m5 'Oolb co flUlCl a t;ech.
mar t;pW anfot; ce11 f61P5, 110 t;pW erba, 110 t;fl1al11'061t-
blPl t;opba, 11' a mbplt fOP fotm;; 110t;h11Ura, cenmot;ha 11a
l(elrcebt;aI'Dl Uldl1p; ump ma'O wt; 1'111, clpe f05mt elq;e
O'D. 19GG. t;pWr a f6pfmt;ep cne'O oppo, 11' [a 11embflet lmach fOP
fotac 11otpura, act;] bw'D ocur barE 'D01b co flU1C1 a nEl, 110
t05 ot;hpu1' a .
ma'D beo m;héuma cedlp,a.
O'D. 1966.
.1. 0 com cet; cl11t;m5 [uppm'Õ] at;mt; 11a ta11a 1'0 a11Ua1';
110 0 cO'tmac uflpm'Õ t;flW 111'D61tblpe t;011ba, 110 0 'Oaefl t;pW
compmn. Ocu1' 1 fl05a f1flm con apa m bepa In ne 1'111 '00
bepa, 110 11e m cU 'Olt1'15J::er; ocur 'Oama-v e a floËa m cu
'00 'Oltr1ÈU-V, '00 5eba'O 5pelm ma cet; cmm'O l11U11pa'DUr.
1 Div;,i01l,.-For "Lana," of tbe te'tt, O'D. 19GG, reaJs 'f1.anna," Jivisions:
'fHE BOOK OF AICILL.
Lj7
wound, it is a cctse of body-fine according to the nature of Tm: BOOK
the wound, and his division of honor-price when it is greater AI
:
L.
than his own division of' dire '-fine and compensation.
They are all brought into sick-maintenance, except
the wounded in anger.
That is, they are all brought to the noble relief of food
and medical attendance, i.e. the persons who are not excep-
tions from sick-maintenance.
When it has happened by design, or inadvertently through
anger, whether it be lawful a anger or unlawful b anger, food alr.i\"ew-
and medical attendance shall be supplied to him till he
(
i
, l:...,,-
lthe 'lvounded 1nan) reach his how.,e. cess",.!!.
All the persons who are not exceptions from sick-mainten-
ance, if the wounds were inflicted on them through design or
inadvertently in unlawful anger, are not to be brought out
into sick-maintenance, but food and medical attendance shall
be supplied to them till they reach their houses.
If the wounds we1.e i,zflicted inadvertently without anger,
or through play, or through unnecessary profit, they (the
wOU1uÚ!d) are to be brought into sick-maintenance, save the
exceptions from sick-maintenance; for if they be such, what-
ever section of the la-w of ' eitge '-crimes the wounds in-
flicted on them corne under, they are not to be brought out
into sick-maintenance, but food and medical attendance
shall be s'l
pplied to them till they reach their houses; or,
according to othel'l5, the price of sick-maintenance shall be
giL'cn them.
If it be living laceration of, cattle.
That is, from the hound of first trespa:>s belonging to a
native-freeman these divisions I of fines following are due;
or they a1'e due from a native sensible adult in a case of
unnecessary
, or from a' dacr '-man through design.
And the owner of the hound has his choice whether he shall
pay this, or forfeit the hound; and should it be his choice
to foJl.fcit thc hound, it (tllc ,tinc) will takc etlect for its fir:>t
otl'cuæ in' urradhw.,'-law,
35&
tebal1' mete.
+1f nz-.,o
TilE nOUK [Cnei'>a na pob milml cnei'> na fmaome, 0 t;a baf co bann
= ]
AICILI.. b61m, 110 0 bar co cn01C bmm.
0'0. 1%7. mar T;pe cOllll lU1n no C(11fOT; fe1p51 111'Delt; b1 1 11 po repC(l)
O.lj,5. [na cne'Da] opl1a, pn ap 1'011 mdl5ma,ocur a celt;}11 CUT;-
'Í 11t1ma ap ron 'Dlpl, '1' na reT;mb ceT;hpam'Da 1'111 ap ron
md151na, OCur a cuqluma ap 1'011 'DwblC(l) 11' na 1'eT;mb
'DwbulT;a.
m af t;pe anrot; r61p5' 't)61t;blPl, 1'm ap ron mT;h5ma ocu1'
a 'Da cUt;puma ap ron 'Dwbalt;a '1' na fet;mb ceT;hpUffi'Da,
/0 no a let; cuqluma a)l ron 'Dwbla '1' na reT;mb 'Dwbal'Da.
tf 432-1,1t,
1mi'; 'D1P.l In pl11b lna cpol1 bwr, oeur lan 11eneclamm'Da
T;15ep.na; 'Da t;p.wn In lelt; 'D1pl ma cpobEl cummle, ocuf
let; enecla11n 'Da n5ep.na. CC T;)lwn lnC( lnannpw5 r e reT;,
ocul
qlwn neneclwnne 'Da n5ep.na; Ct1T;pUrna 1' m r 1 'D
,
a11'D, no 1'eëT;mw'D co 11a T;abmpt; 111r '1' an l11an'D)lm5 rect;
reT;.
Cl'D bWf a fl111msa'D 11a pob 1 1n t;Wnrnpa111'De 5 abw T;
na CUIC 1'e01T; C( c01p.p'Dlpe rnapbt;a 111 'Dt11ne, ct1)lub e 111
t;wnmp.mn'Dl 1'111 'DO 'Dlp.e mClnT;a In p.mb ùer lna pl1l1U5a'D.
10Re cne'Dwb 1n 'DU1ne pW5wlT;ep cne'Da 11a p.où 0 bar co
ban bmrn ; 1100 t;a barr co cnocbmt1l ; 110 corna'D 0 bar co
rl11b U5 C (l).
o bUf t;)lW cornpwn 110 qlW CUlfOT; fe')15' 111'Dmt;bl)11
C. 1775. [po fep.a'D na cne'Da], 111 T;mnm)lmn'Dl 'Da [lan] C01P.P'D1P.1 1 10
1õbw'D 'DO co 11a fetl!Swn wp. rem, cotlub e 111 cUq1Uma r1n 'DO
O'D. l!lG7. 'D1pl 111 {;)'e01t; fem bel' 11lU rept;Wl1 cl}11n t lob , Cl'D p.ob [11'
O'D. 1
G7. lú Cl'D p.ob] '1' cl61t;1 ; ocur 111 [T;amm)lW11'De] 'De111ecla11111
)10 blQ'D 'DO cona fep.t;wn W)l fe1n,cop.ab e In t::wnmpwn'De
pn 'Da el1eclwl1n bel' 'DO co na fept;mn Cl)l111 )lob 'r cler !Sl,
:
oocur a let; 111a fept;am ap111 }lob '1' lu.
1 Double finf.-For "OIabLa'O', of the text O'D. 19(j7, read ''OI)le j' aml.IIso for
. 'OlabaLt;a' in the next paragraph.
S A te..t-wound of .ix · .edll. '-That is, a ",oun,I requiring the use of lint ill it.
treatment, and the pen..Ity for whieh ",,,uuLl '\lJulLl be six . .clb.'
THE BOOK OF AICILL.
359
The wounds of beast.<! are as the wounds of human beings, TilE BOOK
from death to white blow, or from death to lump-blow. AI
;LL.
If it was through design or inadvertently in unlawful
anger the wounds were inflicted on them, that shall be for
compensation, and four times as much for' dire '-fine, i.e. for
the animals of quadruple compensation by way of compen-
sation and as much by way of double-finé for animals of
double cornpensation.
If it was inadvertently in lawful anger, that shall be for
compensation, and twice as much as double fine for animals
of quadruple cornpensat'ion, or half as much as double fine
for animals of double compensation.
Half the' dire' -fine of the animal ,is clue for its death maim,
and full honor-price is cl'ne to its owner; two-thirds of
it,> half' dire '-fine for its' cumhal '-maim, and half honor-
price to its owner. A third is clue for its tent-wound of six
, seds,'2and one-third of honor-price to its owner; the equiva-
lent of one-sixth or one-seventh is clue for inflicting upon
it a tent-wound of seven' seds. '
What shall be paid for drawing the blood of animals?
The proportion which the five 'seds' bear to the body-fine
for the killing of the human being, is the proportion of the
natural' dire' -fine of thc ' sed' that shall be paid for draw-
ing its blood. By the wounds of the human being the
wounds of the animals are ruled from death down to a
white blow; or from death to a lump-blow; or it may be
from death to drawing of blood.
When it is by intention or inadvertently in unlawful
anger the wound has been inflicted, the proportion of the full
body-fine which he (tiLe owner) wDuld have for its infliction on
himself, is the proportion of the 'dire' -fine of the' sed' itself
that shall be paid for its infliction on the animal, whether
it be a small animal or a large animal; and the proportion
of honor-price that would be cl1te to him for its infliction
on himself, is the proportion of honor-price that will be due
to him for its infliction on the large animal, and the half of
it for its infliction on thc Slllall animal.
.
360
Lebar\. mete.
THE nOOK
OF
AICILL.
o bur t;p1a anrOt; felPEI 'Oel
bI1t1, 111 t;U111mpU111'01 'Oa
tet; C01pp'Olpl po b1a'O '00 l11a fep
U111 mp fel11, copub e
111 t;mnmpa111'01 1'111 'Oa te-c 'OIPI bel' '00 In a fep
U1n ap111
pob, CI'O pob '1' tu, C1'O pob '1' ct616. 111 t;a111mpmI1'01 'Oa
t' te
enectm11n po b1a'O '00 cona rep
U1n mp feIn, cupub e
In t;U1l11npa111'Oe f1n 'Oa te
e11ectU1fl11 bel' 'DO 111a rept'mn
ap 111 pob 11' ct61
I, ocur a te-c 111a fep
U1n ap 111 pob 11'
tu.
tllara cUt;11Umur ctel
1 11' erba'DaC 'D011 mt;hE1I1 a11n, 11'
C.1778. 'tlta11 e11ecta1111; mara cUq1umur tm, '1' te-c enecta11n; [OCUf
mar cut;)1umur rel1'1'O, 110 rect;mU1'O, no pmnne 11' tu, 11'
t;UIUe fplr.]
O'D.1910. [m ara cut;pumur cet;hpaman, no CU1C1'D, no pmnne If
mo 1nal'. If m:;hcup U1te t;PIt;; ocur cen cob erba'Òac act; a1l
16' cet;hpamdlU p((n'O 'Oe, co f1P, If m;chup U1te qtlt;.]
111 cet;hpU1me pann PChlt; '00 'OIPI In 1lt11b Ina cnocbelm,
no 111a E1Una'O co toma'D, oCUf 111 Cet;hpU1me 1lann PChlt;
'OU1t;hEln 'OlmapcpU1'O 'rln l1EIUllU'O co toma'O, ocur 111
cet;hpU1me pann PChlt; 'D61nectU1nn 'Da nEe)1na ; no, coma'D
_ cet;hpuma pann ëena.
C.1776. 1n oct;ma'O pan11 cedlpaëat; co te
[na hoët;mm'D pU1nnE' J
cet;hpacm:; 111a ban belm facmb fel
fO fae
, no na Etar,
no na m:;, no na 'OepE; ocur m:;a tat; a t;PIUP ann; manu
fUlt act; aen, no 'Oe'Oa 'Olb ann, 111 oct;ma'O pann cet;hpa-
"s-chat; co cedlpulm
1 na hoct;m((1'O 1lann cet;hpachm:;. 1n
O'D. 1968. oct;rna'D pann [cet;hpachm:;] nama 111 a ban belmcen t;e1l1'OIUr,
no 111(( EIUna'D cen torna'O ; ocur na panna cet;na 'Oa enec-
O'D. 1968. tU1nn [lnnt;U p8 t;((015 1'1n.] 130 'Oono cena, 111 t;U1nrnpmn'Ol
'Oa enectmnn '00 bta'D '00 Ina fep
a111 U1p r61n, cupub e In
3D t;mnmpa111'01 1'111 bel' '00 111a rep
mn ap 111 110b 11' deli';"
ocur a te
1na fep
a111 ap In pob 11' tu.
1 But the ont:fom-th.-In the 1IIS. over the latter part of the contraction fOf
the word .. fourth," there is written by another ham\. .. uchu't)," to intimate
probably that the word might be .. æt:htlUchu't)." a fortieth.
THE BOOK OF AICILL.
361
\
When the wound lws been i11fl icted inadvertently in law- THE Bom..
ful anger, the proportion of his halfbody-fine which he would AI
;LL.
have for its infliction on himself, is the proportion of half
, dire '-fine that shall be clue to him for its infliction on the
animal, whether it be a small animal or a large animal.
The proportion of half honor-price which he would have
for its infliction on himself, is the proportion of half honor-
price he shall have for its infliction on the large animal, and
the half of it for its infliction on the small animal.
If the compensation be deficient in an amount equal to
the val1w of a large animal, there is full honor-price due fOl'
it ; if it (the deficiency) be the equivalent of a small animal,
there is half honor-price d'lw f01' it; and if it be the equiva-
lent of a sixth, or a seventh, or of a lesser portion, addition
is to be made to it.
If it be the equivalent of one-fourth, or one-fifth, or a
larger division, that is deficient of the' sed,' it is to be all
returned in consequence; and even if there should be den-
cient but the one-fourth I part of it, with proof, it shall be all
returned in consequence.
The twenty-fourth part of the' dire' -fine of the animal is
pnicl for a lump-blow, or for shaving it bare, and the twenty-
fourth part of compensation in addition for shaving bare,
and the twenty-fourth part of honor-price to its owner; or
it might, however, according to others, be the fourth part.
The forty-eighth part with half the forty-eighth part is
the fine for the white-blow which leaves a sinew in pain, or
discoloured, or swollen, or red; and the three conditions are
present; if there be but one or two of them present, the
fine shall be the forty-eighth p'<Lrt with the fourth of the
forty-eighth part. The forty-eighth part only is clue for a
white blow without soreness, or for shaving without mak-
ing bare; and the same proportions of honor-price for them
besides. Or else, the proportion of honor-price which would
be due to him for the infliction of the wound on himself is
the proportion that shall be due to him for its infliction on
the large animal, and the half of it for its infliction on the
r:,mall animal.
'J'h ,"70. C,'1' (0.)
362
Lebalt mete.
THE BOOK Ce
pmm
1 '01P1 ene1'01 1n pU1b ap a tmË;e1', ammt at;a 0
AI
LL. 5pa'Dmb fe1ne. 11' a1' 5abmp.: eet;hpUlm
1 '01p1Jened'>1 eaca
- tun b tlUam m1'DJ ap a te1Ë;e1' tmn'D ap'D((, '00 11elP 'Owneect;
B., emnbpe
m5; 11" e 110 C111'D 1n bann. No 'Dono cen((, eoma'D
C'h ,,'7 0 ð (( 'Den urn ap \11 to
'1' tUË;a bUEab((p '00 bmË; ; no 'Oono eena,
O'D. Hm. eoma'O (( 111CQ;mtt; pe mt;hE,n [\11 pmb], ump 1 r ot; h 1 1U r
O'D. 1971. nemEpm'O, eUt;)1ama mt;h5\11a [\11 11U1b \11 a nemt;\11 e' r 'n , no]
tOE Ot; h 11 u r a .
1Joeu 11tl1t (((;OP op110 '00 5pér t;pe fU1p1P1U'O ene'D
/0 'Ofep
a111 op110, no coma '01mal1leC; oeur Ó bur '01m-
((111eC, '1'r e 'O 'OleEaTL a naehup. Uo 'Dono ëena, 0 bur t;pW
eom11 mn no t;pe anfot; fe1P5' 1n'De1
b11u, een euma'O
erb(('Daeh a(;t; 111 aenma'O 11ann peh1t; '01b, '1' a nai;cup,
oeur eut;puma na mnme al1fon 'Owbt((. 111a1' t;pe anfot;
,S"fe'PE' 'Oe1
b1p1, act; m((1'a eUt;puma t;pm no eet;hpmm
1 no
111 '1' mo 1nar '1' erba'Da(;'01b, '1' ana
cup U1te q11t;. 111ara
eut;J1uma re(;t;mm'O no o(;t;mm'D, no pmn'01 '1' tU5 a anal', '1'
a fU1tte'Õ. 111ara 1n'Oe1
b111\ t:ol1ùa, noeo 11U1t a 11ai;ëuJ1 '00
5p e r no co po '01mmnec, oeur 0 bur '01mmnec, 1 l' a na
cup.
" 1718
20130 con fU1t a
(;U11 na 110b 'DO 5J1er t;pe na ene'Ou5a'O, 110
co pa 'Olmmnec 1((t;, oeur 0 bur '01mmneeh 1((t;, '1' ann at;a
1 n t;a
cop qte
o.
O'D.19íO. Cm fo'Oepa [611'11'>e, oeur 1'e 5a 1 1a 'O fa mna'O mle], el'O
bee 111 mmm 0 bur map
anac h1 co fUlt a nai;ëop qut;,
'15 O'D. 19íO
'ÖeUr a bmt ((t;a eotpac ((p. mpeenE [50 pnt erbw'D tm'Õ
- "I - --
01'JlirrvY\, _ oeur tact;a '1"11 bba'Oal1l1"n, oeur] co na fU1t crëcop t;p1t; ?
,
t7\lhl C 177r
1.4. double-finc.-For ''Olo.bLo.,' here, Dr. O'Donovan suggested' '01}le' as a
J1l0re correct. reading.
THE nOOK OF AICILL.
363
The one-fourth of the' dire'-fine for the wound of the TIlE BOOK
animal is paid for the curing of it, as is obtnine(l from the AI
:LL.
, Feini 'grades. From this is derived: "the fourth of the
'diIe'-fine of the wound of each ruminating animal is l Jaúl
for it,> eoHlf+1ete cure, according to thefai
j
dging Diancecht; ;.,;; M1f
it was he that established the rule." Or else, acco1"di'ng to
otM1's, it is to be done for the smallest fee that is found for a
physician; or else, it is to be ruled by the compensation for
the beast, since it is the sick-maintenance of a non-grade, or
the price of sick-maintenance that is the equivalent of the
compensation for the beast in case of non-attendance.
They are never to be sent back to the person 'U'ho has in-
jU1'ed them, in consequence of wounds having been inflicted
on them, unless they are become useless; and when they
are became useless, they ought to be sent back. Or else in-
deed, when they Mve becn 111jll?'cd intentionally or inadver-
tently in unlawful anger, even though they should be but the
one-and-twentieth part deteriorated in value," they are to be "Ir. ThO?1gh
sent back, and the equivalent of the blemish is to be paid as
t":fIJ
:
double fine. l If it were in lawful anger, and if the de-
:t;e./ï:;
terioration amounts to the third or the fourth of their value, in them.
ur to more, they are all to be sent back in consequence of it. If
it amount to one-seventh or one-eighth or a smaller part of
thei1' value, addition is to be
to it (the compensation).
!fit Mpperwd thmugh unneæssary
, they (the animals)
are never to be sent back unless they are become useless,
and when they are become useless, they are to be sent back.
Animals are never to be sent back because of their being
wounded, unless they are beco7JI.e useless, but when they
are became useless, they are, then to be sent back on
account of them (tM 'w01tnds).
What is the reason of this, and that it is said in another
place, however small the blemish, if it be permanent, they
are to be sent back in consequenæ of it, and where a
, colpach '-heifer is under cure, and the injury is such that
there is a deficiency of the calf and milk for that year, that
there is no sending back for it (the 'wound) ?
364
tebatt mete.
THE BOOK 11' e fa-ë fo'Oepa: C1'O bec 1n a11l1m 0 bur map
anaë, nocO
OF
AICILL. nfu1t ft1e1rC11'1U rmtn11c1 mC1 1((P'O((111, ocur C01p ce '0((
ne1-ëea a a-ëcup
p1
. 1 bent a
a cotpac ap mpcenE, m:;((
fpe1rC11'1U rmtnnc1 ann, ocur C01p cen co 'Oefl-;;
ã a-ëcop
S
p1
. No, 'Oono ce11a, C1'O bec 111 m111m 0 bur m((p
anac h1,
0'0. 1970. q16 compmn [no
pe anfo
fe1pEe 1n'Oe1
b1p1] po f e 1 1a 'O
cne'O ann, ocur C01p ce '00 ne1-èea a a-ëcup; ocur 1 bmt a{;a
cotpac a11
& q1e 111'Oe1-ëb1pe
opba po fepa'O cne'O
a11'O, ocur C01p C111 co b1-ë a a
hcu11.
O'D. 1970. ,0 [Ocur 'Oa ma'O he pOEa flP 1n
re01
a 1'e
fe1n '00 be-ë
mE1, popa o
hpur ocur '01pe ocur enectann '00 teo].
CI'11q,
O'D. 1972. [bo ap u
h]; ma'O 1'e (( hui; U1te po m,Ue'O an'O, ['00 'Sper]
O'D. 1972. bo 'Oap a 611'1. [13a cei;pa otcel1a fon C01p cm::na]. marW'(;
a ce1
hp1
r111e po m1Ue'O ann, oc
rCp1pmtt '01C caèa
,rbl1a'tma co po
C'(;((P_ re 1'Cp1pmU 'Oec aen bl1a-t>mn. 1
C111'On r1ñ; ocur mãra cunn
abmp
, ce1i;111 rCp1pmU '01C
caca bl1a'Ona
o co 11
1c
ap oc
rC111pmU aen bl1a'Omn.
- ;;'D }o ( 1'1'19
')to TH..tðl f, 1'17'
oM! .;..
D'b ,Q7Z,
'I>!J.O' - """'"
:- ,18 0
m(('O r1m:; a q11 r1ne, re rCp1pmU caèa bt1(('Olla co 1 10
1cr;ap 'Oa rq1epatt 'Oec aen bt1a'Oen11.
)10 ma'O pm:; a 'Oa r111e, cmi;p1 rCp1pmU'01c caca bt1(('011a
co po 1C
(q1 oc
rq11pmtt 111 aen bl1a'Om11. 1 C1n'Or;1 1'111 ;
ocur mara cun11
abmp
, 'Oa rq1epatt '01C caca ùl1a'tma 110
co po 1c
ap ceri';p1 rq11pmU aen ùl1a'Omn.
u.wr 0;& Iq1/
mar a aen
r1ne, 'Oa 1'cpepatt '01C cacaùl1a'Ona co po h1C-
"1J{
ap ce1i;1'1 TCr1p((1tt ael1 bl1a'ò((1n. 1 C111'On 1'1n; ocur
m((r U cUl1llr;((b((1pr;, rcpepatt '01C caca bt1a'Ona 110 co po
1c-r;ap 'Oa rcpepatt aen bl1a'Omll.
J Th,'ivill!7.-" rmtcmcl" appears to mean, expectation of increase in fatness, or
of producinG )"oung the following year, ur of improvement in value generally.
THE BOOK O}' AICILL.
365
The reason of it i,,: though small the blemish may be,wllenit TnF BOOK
is permanent, there is no hope of its thri-ving 1 afterwards, and Al
:
L.
it is right that it should be sent back in consequence. In the
case in which the' colpach '-heifer under cure i':l referred to,
there is hope of thriving, and it is right that there should be
no sending back in consequence. Or else indeed, as to the rule
" though small the blemish may be when it is permanent,"
&c., it applies whej'e the wound was inflicted intentionally
or inadvertently in unlawful anger, and it is right that it (the
animal) should be sent back; and in the case in which "the
heifer under cure," &c..occw.s, the wound was inflicted through
unnecéssary profit, and it i:sright that it should not be sent back.
And ifit were the chuice of thé owner of the' sed' to have
his own 'seds,' he should have sick-maintenance and
'dire'-fine, and honor-price along with them.
A cow for the udder; if it be the entire of her udder that
has been injured, a cow shall be given in her stead alwa:rs.
The quadrupeds in general w'e estimated according to the
same rule. If it be her four teats that have been injured,
eight 'screpalls' shall be paid every year until sixteen
'screpalls' shall have been paid in one year. This is in a
case of certainty; but if it be a doubtful case, four 'screpalls'
shall be paid every year until eight 'screpalls' shall have
been paid in one year.
If it be three of her teats k that have been injU1'ed six a [r. H,r
ll ' 1 l - b . l 1 . 1 1 II ' th,.,e teats.
'screpa s StW l 6 PU'U eac 1 year unb twe ve 'screpa s
shall have been paid in one year.
If it be two of her teats b that have been injU1'ed, four b Jr. Her
'screpalls' shall be paid each year until eight 'screpalls' t.eo teats.
shallllave been paid in one yeår. This is in a case of cer-
tainty; but if it be a doubtful case, two 'screpalls' shall be
paid each year until four' screpalls' shall have been paid in
one year.
If it be one teat that has been injured, two' screpalls'
shall be paid each year until four' screpalls' shall have been
paid in one year. This is in a case of certainty; but if it be a
doubtful case, one' screpali' shall be paid each year until
two' screpalls' shall have been paid in one year.
366
Lebar. mete.
THE BOOK [mar a111e pne '1' erba'Oach tu1'1'e, rC1'1pall co let; 11111
OF .. b ..
AICILL. Eaca l1m)fia, no 'C1" fClt,pall aon bl1a-bmn.
O'D. ) 9í2,
&c. 0 ;se'Lat1CwU'Oon 'Lrml'L1nc1,1rOC'LrCppaU na1'mlnnee
'01C ann.
S mara rpeb po m1Ue'Ò all 'r1n 'Lpne, 111 'Lmnm1'ml1ne
;seabttr ,n l'\ne 'r'n 11'Lh, ;SU11.ab e ,n 'La1nm1'((1nne 1'1n 'Oe1p'c
1n 'Lr111e bel' 'pn 'LTì1e1û.
r 1'18'2.. Lß.,)
v
31D SJ
Ov
toË; a laë'La '01C ;saca blw-bna co 1'0 'C'Lu1' 10Ë; l((eL(( ocur
r ml 'L111Ce aon blw-b((1n, ocur cen nae nl '01c 0 ta pn
c ((mac; 110 'Oono, 105 lae'La 'O'C ,n ce'L blw-bmn, OCl1r lo
lac'La ocur 1'ml'L1në1 'O'C an bl1a-bml1 'LanU11''Le, ocur ce-
nach nl 'O'C 0 t;a 1'111 amac; no 'Oono, 105 lact;a 'O'C Cel1f1 'OU
blw'ba11l, ocur cen 111 'O'C 0 t;a 1"11 amuch.
ma 'Lmf11C 111 'Lr((11nnc111 ,mtuË; t1W C11111 bla-bna, C1'O
. 'r 'n 10 'Oe1Ë;enac 'Oon blw-bmn n h', '1' ((1f1c t01Ë;ee'La 11((
r ml 'L1nch, amach; muna 'Lmf11C, '1' a ne1mmpc. 1-10 'Oono,
co nq1r
c
a, um1' '1' e1t"C fo;sml. 1n 'Lun '1' bo ce1ql1
fCfÙj;útt p
h1'L rm ; 111 Lan 1müt1p.õ, '1' bo 1'1ch1 rC1"pall, '1'
'Ct" r 111e po 101'Le'Ò '01, '1' 'Oe1C 1à-ctl1proll' l1aon blw-bmn, no
DCU1C r C 1'1pmU caca blw'Ona. 1n 'Lal1 '1' 'Oa f111e, '1' CU1C
rct"pmll 111 aon blw-bmn, no 'Oa rct"pall co let; f,aca
bl1a'Ona. 1n 'Lan 1mu1'1'0 '1
aon 1" ne , '1' 'Oa rct 1e patl co
let; ;saca blw'Òna, no rct1epull co ce-è1'U1me 1'ct l1 pu,ll aon
bl1a'Òmn.
,
5" 111 a 'Lmf11C 1n t((e'L '0' wp'Lmn, 'I' ,n 111 fU11 a1' rSat; 1' ml -
nne1 'Omrec. 1 n 'Lan '1' ma1'15, no '00 cum'Ò 1mu5a, cen mr ec
1n nl 'LUC a11. fcat; rmlL1nche. 111 'Lan '111U11.1'O l1U 'LUCa'O
1mach 1nl 1'ml ap rCat; r((11nnce, ccn a <I1f1C 1mach.
ma-b'L1" r1ne bur crba'Òach '0', '1' ce1t;pe rcp1p<I111 co
THE BOOK OF AICILL.
367
If it be one teat that is defective in her, a 'screpall' and THE EOOK
a half shall be paid for it every year, or three' screpalls' AI
:r.L.
'l-n one year.
When every idea of the expectation is abandoned, the eight
, screpalls' of the expectation shall be paid for it.
If it be the milk-passage that was destroyed in the teat,
the proportion which the teat bears to the udder is the pro-
portion of the' eric' -fine for the teat that sl1all be due for the
milk-passage.
The value of tbe milk shall be paid every year until the
value of the milk anù of the expectation be paid in one year,
and nothing sball be paid from that forth; or else, the value
of the milk shall be paid the first year, and the value of the
milk and of the expectation of calves the second year, but
nothing shall be paid from that forth; or else, the value of
the milk shall be paid till the end of two years, but nothing
shall be paid from that forth.
If the expectation came outside before the end of a year,
even if it be on the last day of the year it comes, the value
of the expectation is to be returned out; if it has not come,
it (the val1Le, &c.) is not to be returned. Or else, accord-
'in!] to othel.s, it is to be paid back, since it is 'eric'-fine for
trespass. This is when it is a cow of four and twenty' scre-
palls' worth that is in question; but when it is a cow oftwenty
'screpalls' WO'I.th, an(l three of her teat,> were spoiled, it (the
payment) is ten 'screpalls' in one year,or five 'screpalls' every
year. When it is two teats that we1'e spo'iled, it (tlte payment)
is four 'sere palls' in one year, or two' screpalls' and a half
cvery year. "When, however, it is one teat that was spoiled,
it (the payment) is two' screpaRs' and a half every year, or
a 'screpall ' and a fourth of a 'screpall ' in one year.
If the milk came to her afterwards, the thing which is
for the sake of expectation is to be returned. When she
dies or has gone astray, what was given for the sake of the
expectation is not to be returned. 'Vhen, however, that
which is for the expectation was not given out, it is not
to be paid out.
If it is three teats that are defective in her, it is four
, screpalls' and a half that are to be lJai<l every year, or nine
368
tebap. a1cte.
TIIIt BOOK let ;saëa bl1at>na, no 1101 fClt1pmtt aon btwi'>ml1. OCl1f
Ar
;LL. CI'Õ be 'Olb plr bu'O t1oF;a a IC 111 {(OI11feèt;, amtm'O 1'1n, CUlt;
fmlt;111Che. ma'Õ fepp. lar 1f1 fep mle fuppnmi'>e na r mt -
t;1nce, Irei'> p.aÏ;ur '00, umpIrei'> '1' 'Ol1Ï;ei'> m1n .1. a poËa '00
r' pp. fept:ana na cnel'Õe.
nta'Õ 111 a01nfeët: 1ct:Ut1, ocur t;mmc 111 t;1'mlnflche 1H1l
fIn, '1' a m1'1c amach ma '1'1n blw'Õmn '1' ner a ti 1" cet:a-
mur. mar ;saca blw'Õam ICt:UP. 111 t:rmb:;1nCe, CIi) ;sat:
b
UP. t:all 111 bó fe111. no CI'Õ qlech pallac bercna, Ict: u l l a
!e> rmlt:1nche plr 1 cel1 bu'O mClnt:a a bet a mbet;mi), Cln
cp111e 'Oa bt1elt;. m{(ra bár fO belb t;all hi, no 'Oa mbepa
baluP a cpoi) fein mle, no 'Olf01che 'Oe, no Clune, no fmll
Imc01mét:a, no cpech nelmbercna 'Ow mbpel'(; mte, noco
nicar 111 'Oon t:rmlt:lnche p.lr 0 1'1n amadl.
,6' "Da ra;sbmi) Imupt10 In Ct1ech no 111 batat1 ni mEe,
kwp a rmlt:lnche beor 1"1'.
Ca hmt1et: be1t;It1'ca IC 1'e111? .1. co mbepei) qlech-r wUaë
nembercna 1<It:, no 'Olfolche 'Oe, no Clune; no, '1' e a1t1et:
betep. IC a hic 5Ut1ab C111t:1 nemt:at1t1aèt:mn na r ml t;1nël
I() amUlE, ocur 0 bUt' C111nt:l, lOE lact:{( ocur r m1 t:111èl 'OIC ann
1n bl1a'Omn 1'1n, ocur C111 111 'OIC ann 0 t;a 1'1n am{(e. 1-30
'00110 cel1a, coma'O lot tact:a 'OIC afln In cét: blW't)mn,
ocur tot laet:a ocur rmlt;111Chl 'OIC amaè 111 bl1a'Omn t:an-
a1re, ocur cen n1 'OIC ann 0 t;a 1'111 am{(e. No 'Oono cena, 0
2cp.0 Icfm'Õtea loË lac'Ca ocur rmlt;1nce {(mac co cenn
mblw'Ona, co na hICt;{( m anl1 t:m1"r 1'1n].
THE BOOK OF AICILL.
369
, screpalls' in one year. And whichever of them is his choice, THF. BoO!,
he shall pay the cOll'Úderation for expectation at the same AI
:;'L.
time in this manner. If the other man prefers to wait
for the result of the expectation, it shall be ceded to him,
for the law of the case is, "the inflicter of the wound has
his choice."
If it is at once it is paid, and the expectation came
afterwards, it is to be paid out, if it (the e.cpectatÏon) came
first in the next year. If the expectation is paid for every
year, though the cow herself may have been stolen within,
or plundered from people outside who have a 'bescna'-
compact, the expectation shall be paid for, as long as it is
natural that she should be living, and not overtaken by
decay. If she has died within, or if disease has carried
off all her young, or the visitation of God, or decay, or
neglect of keeping, or the plundering act of people with
whom there was not a I bescna'-compact, has carried them
all off, nothing shall be paid to him for the expectation
from that forth.
If, however, the plundering or the disease has left some-
thing <l the value vf the youllg with him, his expectation
shall be paid him.
How long will this continue to be paiù? That is, until the
plundering a.çt FIr -;,- parly with whom there is not a' bescna '_
compact shall have carrieù them off, or the visitation of God,
or decay; or, accvrdill!J to othe1's, the time during which it
will be paiù, is until the non-appearance of the expectation
is Wjcertained outside, and when it is certain that the1.e will
'Je no increase, the value of the milk and of the expectation
shall be paid for it that year, and llothing shall be paid for
it from that forth. Or else, (fceol'ding to othus, tIle value
of the milk is to be paid for the first year, and the value of
the milk anù of the expectation shall be paid out the second
year, and nothing shall be paid from that forth. Or else,
acc01'diu!J to otke/'s, after the price of the milk and of the
expectation shall have been paid to the end of a year,
nothing more shall be paid beyond that time.
VOL. III.
2B
370
Lebat1. mete.
THE BOOK No 'Oono cena, 0 llO 1cfa1Tea 10E l{(ë
a ocu1' rml
1fië1
AI
7r.L. amac co cellll 'Oa blw'Omn co na 1c
a 111 an'O
m]11t' fin.
OCU1' 0 Eet;m]1 cwU 'Oon
i'mlnnë1, 11' oct; rC]11pmll na
rmlnne1 'OIC.
'0 ' J ',. I Lf
I;1V 11) !J tl1a
mt11C 1fi
1'mlnne1 amtl1e wl!,'Omn, 111 cuq1uma
uca'O aJl fCat; rmtnnë1 anll 'Omrec aml11c; no 'Oono, co
na mrW{;ea, umtl11
e1Jl1c fo
ta.
C.1782. [8611'1'0 11'1n dumt' ;So ne1r
ac
, ce be lwb, no '1'111 a1)a1]1c
'So na rl1bac, no 11'1n 11eJlbalt ;So cnmm; mle 'Oe;s 1fll1
dumr sail e1rL:act:, nO 11'1n a1)m]1c ;san
rl1bas, ocur 1n
cet]1mme l1ann pchu:; 1f1n n6JlbaU Ean cllmm.]
t,!I .lifO, q
1n bo
Jle1t11u;sa'O tI1JlJle:
Jlwn at l rcat a cotta,
JlWIl
ap fcat a rmtnncI,
]1WIl aJl rcat a laë
a ocur a lmË;
a
eoJla ce'GhJltl1mt1 aJl 111 tac
, ocur a ce
hJltl1mtl a]11n
t5'laeË, 111
]1WIl a
a atl rcat a laë
a ocur a lmË, r e r C Jl1-
pmlt 'Oe'r''Oe ap rcat laë
a, ocur 'Oa r C ]1epaU a]1 r cat
o'v. 1971. tmË; [.1. C1'O f']1en'O, C11) b01fienn é,1fi la bepa]1; ocur bo
ce1tp.e rCJl1patt pche'G h1.]
1 n 'Oam, q1e1t11U;S{('t) a111:
llW11 all r cmt a cotta, OCl1r
,
p1a11 ap rcai; a ;smmlla1'O, ocur qllan all rcat a ra1 t'(;1nC1
1 ap'Om 11.
C.1782. [1n "Gallb, q1e1111uË;uF; a1p;
llwn ap rCa1
a cotta, ocur
q1wll ap1'ca1t a ;S1l1ma, ocur q1wn a1p fCa1t a
fa1tnllce.]
(;;
-i
O'
,,1Q
.....
Cach re"G aca 'Ga colan'O, ocur ra11nnë" ocur laë
, It'
2S'"GJle1t11U;sa'O a1p. Cach r6
ac na fUll aë
colml'l> ocur
ra1t
lnë1, no cown'O OCl1t' taë
, 't' 1 101n 'O at l '00. Cuch re
c. 17R2. '01b ac na fU1t [tac"G na ;St11mlla'O, OCUt' ac na fU1t r ml -
nnce Wll'Omn], ac'G cotan'O nama, 1f mJl'Omerjcoma1t;ec mp,
aC"G mana map'G cana alclUne, ocur marre1), '1' ce,
hll'
ofql1pa1U a11l.
THE BOOK OF AJCJLL.
3ïI
I
I
Or else indeed, accordin g to othej;s, when the yalue of THE BOOK
OF
the milk and tIle expectation has been paid out to the end AICILL.
of two years there shall be nothing paid for it from that
forth. And when it is ascertained that there is no expecta-
tion, the eight' screpalls,' the value of the expectation, are
to be paid.
If the expectation came outside afterwards, the amount
that had been given for the expectation shall be returned to
the man outside; or indeed, acconling to others, it is not
to be returned, because it is 'eric'-fine for an injury tlwt
shall be paid.
A sixth shall be paid for the ear that has hearing,. of . Jr. With
what beast soever, or for the horn with its pith, or for the her/l"i"g.
tail with its bone; one-twelfth for the ear without hearing,
or for the horn without pith, and the twenty-fourth part
for the tail without bone.
The cow has a tripartite division; viz., one-third for her
body, one-third for her expectation, and one-third for her
milk and her calf; three-fourths of it (the last thinl) a1'e
for the milk, and one-third for the calf, i.e. of the third
which is for the milk and the calf, six 'screpalls' are for
the milk, and two' screpall,> ' for the calf, i.e. whether bull or
cow calf, the day it is calwd; and it (the cow in question)
is a cow of four-and-twenty 'screpalls' value.
The ox ha,> a tripartite division; viz., one-third for it..
body, and one-third for its work, and one-third for its ex-
pectation afterwards.
The bull has a tripartite division: one-third for his
body, and one-third for his work, and one-third for his
expectation.
Every' sed' that has a body, and expectation, and milk, [,. _"'
has a tripartite division. Ew ry' sed' that has but body
and expectation, or boùy and milk, is to be divided into
two PUTtS. As to every 'sed' of them that has neither
milk nor work, and that has not expectation afterwards,
but body only, the arbitration of neighbours is to be had
respecting it, unless it be a beef in ' cain aigillne' -law, and
if it is, four' screpalls ' are to be the 'L'alue for it.
VOl,. 1II. 2 B 2
.
{+-ú
_'
:3 í:3
Cpha11. mete.
'I'm; n,)OK 111
ech,
Jlel1l15a'O mp: l;Jlwn aJl l'ccrr a colla, LJlWI1
()F ...
A(('II,'. fill l'ea
a l'ml
ml:', qucm 011 rcat a 5 1l1m pm'O. Ce,le 'Oec
(( 1TwLhaJl aJl '11 reJlJlaell '11 limp 1wpmJl hf', a1Ìwl1 m::a
<<11, 'Oec ap ,n lacf:; 111 lImll bepmp he; 110,[co]ma'O let mle
6''Oec c( atap 111 '11 bm'O '1' 1'ep-p111
a
hmJl.
1Y1ana 1'U11 aé
colal1'O OCllr fml
111ë" 110 colan'O oellf
F111mpa'O, 'T'flO111'O aJl '00. n1((l1a 1'U11 at
colal1'O nama,
110CO nmll1ae 111, Ua1pI10CO main mapTa he.
111 mllC, qle11ltl5a'O tl1rrte: qtWI1 a1 1 rcm; a coUa, qtwn
/ocl1 1 fcat a rmlnl1l:1, oCllr LJllal1 ap rc((
h a hml; oCllr'l'
cP"C1'a1-D coma'O ,na bp0111'O 110 m,Ue'O he; oCllr 'Oam(('O aT'
na bpe,t, '1' p,n5'11'O aJl cae 110JlC co ll1ce ql1 hOJlcu, 110
coma'O co lwe I1011Ctl, mura C'I1'On co
,bpa'O arr he.
tIð OlJ In1
(', 1785. [1n muc, mare a ccql.'la '1' e1'ba'Oaë u'T'1 1 ' '1' a hatëutt.
,('ocur muc a cOma1C,I1Ca "Call e'r'.
1Y1are al 1ll( bl1a'Olw '1' earba'Oae '0',
Jlwn a nupcom-
((11 1 a h((\l, oCllr "CJlwn a l1upcommp a colla, OCur ql.lal1
a nUT'commT' a r m l'C11lCe.
nlar a l1i 'Oa hal C.,. 'Oa p1111l1b
Jla)'r earba'Oac u'Jlpe,
1 0m
({1nmJlml111e '00 q11tln lcmJl 5aëa blw'Omn, no a 'Oa
c01be'r aOI1 blw'Oa1n;
Jlwn ap, rC((t a hml, ocu1' llW
bJlO1llll JlO mlUe-D'11 nIl ann I'm ; ocur 'Ooma'O ar 11(( bperi",
11' V1115'1111 all. E((C nopC 50 PUlE' nm nopccr, no ql' orca .1.
nom(('O l015e a ma-chall.1'1n, amall a
a a l1uan caoJlaë n((
6'tf1l\ 1'CT" bolt.]
1n muc ppel1n, pOl11'O ap '00 U1Jlpe.
C.17f15. [111 lalp,
T'e'I\UE(('O U1r1l1 ; qlWI1 ((p rcat a cotta, ocur
qlwn ap rcat a rml-c11le" ocur q11Cm ap rcat a 1' e l 1 pmE;
oeur a Emmpa.
1 That it v:ould h(lt'e gi"fll lIIill". For" t:IÙtW'D uff he.
O"D, 1
'ií. reads
.. co t:lbp.It: l r ur."
'I'JIE nOOK OF .\lCILL.
373
The horse has a tripartite division; one-third for its body, I'm: UIIOK
one-third for its expectation, and one-third for its work. Å[
:
L.
The one-twelfth of the vahw of its ùam is to be git.en for
the foal when it is foaled, just as the calf is worth the one-
twelfth of the 'culue of its elm/! when it is calved; or accoJil-
ing to Othc1.S, it is the one-half of the twelfth of the value
of its sire when the sire is better.
If it (the 'sed') has only body and expectation, or
body and work, it is to be divided into two. If it has
but body only, there is nothing for it, because it is not a
aJAtt
't.({jA
beef carca&s.
The pig has a tripartite division; one-third for her body
one-third for her expectation, and one-third for her falTow ;
and it is an opinion that it was in her uterus it (the
YOUJlg) was destroyed; but if it was after falTowing, it is n
, pinginn ' for every young pig as far as three young pigs,
or it may be as far as nine young pigs, if it be certain that
it would have given 9+tifk to them. l 17.
As regards the pig, if it be its flesh that is deficient in it,
it (the pig) is to be returned, and a pig of the same nature i8
to be given in lieu of it.
If it be the litter of the year that is deficient in her case,
one-thirù shall be paid in consideration of her litter, and
one-third in consideratiun of her body, and one-third in con-
bideration of her expectation.
If it be part of her litter (i.e. of her teats) that is
deficient in her, the proportion of a third sh'Lli be paiù every
year, or twice as much Í7
one year; one-third on account of
her litter, and it was in the uterus the litter was injured
in this case; and if it were after they were brougl1t forth,
a ' pinginn ' shall be paid for every young pig as far as nine
young pigs, or, accOI'ding to útheJ's, three young pigs, i.e.
this is the ninth part of the price of their dam, as is paid for
the lamb of a sheep of the value of the three' screpalls.'
The he-pig has a tripartite division.
The mare has a tripartite division; one-third in consider-
atiun of her body, anù one-third in consideration of her ex-
pectation, anù une-thirù in consiùerati0n of her foal and her
work.
37-1
tetlap. U1cte.
THE nuoK
OF
AICILT..
mar e a hui:; 11' earbcroac mppe, 11' a hm:ehup, oeur la1p
a eomme11n:::a <::((p a he11'1.
mar e reppac na blwfl11a 11' erba'Oac 111ppe, 11' a hm:-
ehup, oeur la1p a eoma1e111'r::a t::ap a h61r1.
ó mar é reppac na bl1a1111a ar erba'Oaeh t11pP1, <::pwn a
l1UpeOma1p a reppmË;, oeur t::pwn a 11U1l.eommp a E111mpa,
oeur t::pwn a 'nupeoma1p a fmlL1nehe.
mar e an 'Oara 1'1ne 11' erb(CÖaC U1ppe, ma<::a beai:uË:[a'O]
a reppa1Ë; 1r1n 1'111e a1le, a1<::hE1n 11111 oeur opi:ar, oeur
10 muna rU1l, 11' t::pwn rU1l 111n. Oeur mar a mbp01nn .1. a
mm::hap, po m1Ue'O 1n reppaC,1r nomai) lO1Ë;1 a mm::har-
1nn. Oeur mar ap an aca'Õ, 11' a1le 'OeE a ma<::hap 11111.
C1'O ro'Oepa co l1a mo 1na m1Ue'Õ a mbpo111'O a mat::harl
na ap naeha, oeur Eona mo 11' neratn é ap an aeha? 11' é
.-an rai:; ro'Ospa, mo'Õ i:ra01lt::ep rOEla'Õ 'Oral' '01 111a mllle'Õ
111a bp01nn na ap naca.
CC1le 'OeE ap (m reppac,.1. a ma<::h((p, 1n lú bepap é,
el'Õ pp111n el'Õ b01nann, ama1l m:::a a1le 'OeE a mm:::hap ((P
((11 laoË; 111 Ua1p bepap é; oeur p61r 1n maLhmp 11' eorma1t
zø annrln é, oeur mar pe1r 1n na<::ha1p 1moppo, 11' mle 'OeE
a a<::hap a1p: oeur mana eormml le eec<::ap 'Oe 1<::1P é, 11'
lei:; a1le 'OeE 0 eect::ap 'Olb ann 1n 1nbm'Õ 11' repp po bm 111
t::m:::ha1fl, eona a1le 'OeE eomlan rln.
1n t::ec pplnn, 11' pa1n!1 all. '00 rUlllpl.]
25"1n mue ppenn, p01n'O ap '00 U1ppe.
1n eaepa, t::pe1111uEcro U1ppe; <::pwn ((P reái: a colla, <::pWl1
ap rem; a ra1lt::lnCI, quan a1l. rem: a holla oeur a 11[u]a1n
o'v. 1976. oeur a [lac<::((. .1. p1nE1n'O ap feai:; a hUa1n, oeur p1np11'O
1 Her milk. ]"or "Laëta," milk.-O'D. 1479, rends" fwLnßcl," expectation
of a calf, &c.
THE BOOK OF AICILL.
375
If it be her udder that is deficient in her, she is to be TIlE BOOK
returned, and a mare of the same nature is to be given in AI
:LL
lieu of her.
If it be the foal of the year that is deficient in her, she is
to bp returned, and a mare of the same nature is to be given
in lieu of her.
If it be the foal of the year that is deficient in her, then,
according to others, one-third shall be given in consideration
of her foal, and one-third in consideration of her work, and
one-third in consideration of her expectation.
If it be one teat a that is deficient in her, if there be k Ir. The
th fi d . f h fi I . h I l . 3erondleat.
e ee mg 0 er oa III t e ot ler teat, t w?'e 'LS compen-
sation for it and sick-maintenance, and if there be not,
there shall be one-third paid for it. ARd if it is in the
uterus, i.e. of its dam, the foal was destroyed, it is the ninth
pflrt of the value of the dam that shall be pai(l for it, and if
it be on the field it 'I.uas destl'oyecl, the twelfth part of the
value of the dam shrill be paid.
What is the reason that there is more to be paid for
destroying it in the uterus of its dam, than 'Luhen destmyed
on the fieldl1 The reason is, it is supposed that greater
injury will'result to her (the dam) for destroying it in her
uterus than in the field.
One-twelfth is to be given for the foal, i.e. one-twelfth of
the vahw of its dam, the day it is foaled, whether it be
male or female, jlLst as one-twelfth of the value of his dam
is to be given for the calf at the time it is calved; and it is
the dam it is like in this case, but if it be the sire it is lilæ,
it is one-twelfth of the mlve of the sire that is to be given
for it; and if it be not like either of them at all, it is half
the one-twelfth of each that is to be given in the case in
which the !:lire was better, so that this is full one-twelfth.
The male horse has a twofold division.
The he-pig has a twofold division.
The sheep has a threefold division, viz., one-third for her
body, one-third for her expectation, one-third for her
wool and her lamb and her milk, I i.e, a ' pinginn' in con-
sideration of her lamb, and a 'pinginn' and a half in
tJJiv, ;)-1/} lJ1..f'I't- Pf"'-
1114
) J t4
u.,
hqG
".r 0';).
376
lebal\, Ulcte.
fUE 13001>. co tei; ap feat a hotta, .1. ocuf Ot01I11 1I({ bl1mmu U1te 1'111,
OF ... ....
AICILL. oeur tet:; plnS111'V ap. feat:; a t<<ct:;a. Cupa t:;P.1 fcrupatt 1'111 ;
oeur eema eup.a bui> mo 110 bui> tu;.:;a lIa r'll hI, If e r'n
eoõfo'Omt ltO b,ai> mp.11e '111 qte,muE;a'Ò.
: 111 eup.a þp.elll1, '1' P.0111'V ap. a 'Òó mppe.
mara eup.a 'V<< rep'patt hI, p11J'E;111'V altll1 ota111'V, oeur
p,nS'II'V ap. all uall oeuf all 111 tact:;, a 'Va t:;plOll ap uall, oeur
a t:;111all ap. 111 tact:;.
111 ellpa; mar e a hui; mte '1' efb<rlJaeh U1ppe, '1' a hat:;
/(> chup ap. eutu. oeur eup.a Imeh mCII1t:;a 'Vap. a hm1'1. tTlar é
lIall oeur tact:; l1a btlO'Vlla 1'111 '1' erbai><<c mpl 1e , '1' t:;pe,m-
uE;ai> U1111u ; t:;11Wl1 a commp. a hum 11 oeuf a tact:;a, oeur
qtlOll , eommp 1 cotta, Ocur t:;11101l , eom01l1 a l'mtt:;111chl.
Hl<<ra eup(( 'V<< l'eJ1.'patt hI, '1' 'Va pl11I"II'V ap 1'011 a hU01n
/6'oeU1' a tact:;a .,. p111pll'V co tei; ap. 111 tact:;, oeur tet P111ElII'O
al1111 U((11 ; U((1P eetp.U1me 'fill tact:; '11 t:;uall.
mar aon fll1e '1' erba'Òaeh t11ppe, oeu1' at:a bei'-utai> III
U((111 '1'111 1'1ne elte, t:;eopa eetp.mme pursuJ'Ve 111 F,ac btw-
'Ò01Il, 110 p111F,III'O co tei; aon btwi>na. m <<fa eup.a t:;PI
2ofcp'paU h" '1' rep'paU ap 1'011 a hum 11 oeur a lact:;a .,.
'Va p'IIF,111'V oeur eetp.U1me plllF,111'Ve IJ'1n tact:;, ocur t:;eollU
eei;p01me pll1F,III'Ve '1'111 uall; UalP. ceqlU1me '1'111 tact:; III
t:;ual1.
1î1ar aell 1"l1e '1' erba'Òac U11'tpe, oetl1' ({t;({ bei'u5ai> '11
2:fumll '1'111 1'111e elte, p11lF,UI11 oeuf oët:mai> pI IIF,IlI'Ve allll l'aca
btWi>11a, 110 'Va plllF,III'V eo eei;pmme )J11JF,II1'Ve <<1111 ae1J
btlO'Òmn.
Otal111 1Ja caopac a ce111 bel' U111pe amm t fl1l1lfa'Ò l1a
110b aJ1.cella. eli> flu 111 1011 lIa bum1\ 'VI.]
1 A fourth [of the milk.-This calculation is c\ideutly wrong, it is ouc-third
accurding to the previous dislributi"Il.
THE HOOK m' AWILL.
377
consideration of her wool, i.e. this ilJ the wool of the whole THE fir""..
year, and half a ' pinbrinn ' for her milk This is a sheep of AI
LL.
the value of three 'screpalls;' and though it should be a
sheep of greater or less 'L'(llue than that, this is the propor-
tion that will be obse?'veel in its tripartite division.
The male sheep is divided into two parts.
If it be a sheep of the value of two' screpalls,' tluwe is a
, pinginn ' for the wool, and a ' pinginn' for the lamh and for
the milk, i.e. two-thirds thereof for the lamb, and one-third
for the milk.
As to the sheep, if it be her whole udùer that is deficient in
her, she is to be returned, and a perfect sheep of the sallie
nature is to be given in lieu of her. If it be the lamb and
the milk of that year that are deficient in her, there is a
tripartite division of her; one-third in consideration of her
lamb and her milk, anù one-third in cunsideration of her
body, and one-third in consideration of her expectation.
Acconling to othej's, if she be a sheep of the value of two
, screpalls,' it is two' pinginns ' tlutt will be paid for her lamb
and her milk, i.e. a 'pinginn' and a half for the milk, and
half a 'pinginn' for the lamb; for the lamb is equal to a fourth
of the milk. l
If it be one teat that is deficient in her, and the feeding
of the lamb is in the other teat, three-fourths of a 'pinginn '
,,/utll be paid in each year, or a 'pinginn' and a half in one
year. If she be a sheep of the value of three' screpalls,' there
is a 'screpall ' to be paiel for her lamb and her milk, i.e. two
, pinginns' and one-fourth of a 'pinginn ' for the milk, and
three-fourths of a' pinginn' for the lamb; for the lamb is
equal to a fourth of the milk. .
If it be one teat that is deficient in her, and the feeding of
the lamb is in the other teat, a' pinginn' and the eighth
of a 'pinginn' shall be paid for it every year, or two
, pinginns ' and one-fourth of a ' pinginn ' in one year.
The wool of the sheep while it is on her is like t
le fur of
the beasts in general, though it is worth something when
taken off her.
378
tebap. mete.
TilE BOOK 1n öabar, [
re1111t15a'Õ <<1r .1.]
pwn ar rca
h a colla,
OF h t
t
AICILL.
rW11 a11 rcm::; a 1"<<1
1t1C1, L11WI1 a11 rcm:; a ac
a ocul' a
o'D-:I9n mel1l1<<111; a
eo11a cedl11U1mt;, a11 111 tac
, ocur a ce
h-
11U1m-c1 a11111 me1111al1 .1. 'Va quail P111PI1'V1 a11 rem a mel1
,r'V<<111, OCur p111pI111 ocur
111an p1115l1lne a11 rcm:;h a tach
a.
O'D. 1
77. [Ocur öabu11 'Va fC11epall é; um11110ca Lé1
111 öabu11
a11
'Va l'C11epall.]
C. 1787. [((n cu 'VO bm-c am<<1t 1n muc, ocur all öabap 'VO bm-c am<<1t
Hl cae11a, ocul' a11 capall am<<1t 111 b0111, 1
e11 e11boll ocul'
10 111'Vr a 'V oeur u
h. tJo 'V0110, mar aon -cr11le m1llLep 'V011
t0111, 11' c0111p'V111e ro
}1uma 11a cnm-v 1nl1. 111 a La tearu;t;
a re11r01511'111 1'1ne, 01i:5111 ocur oi:rar 11111; ocur mU110 1'U1t,
11'
rwn 11111. Ocur ma é l'e111laC l1a btw-vna m1llLe11 a1111,
11'
rwn 11a tarac al1l1 ; a11111
arba 111 tac
'Va e11'1' Ocur
ma11a r111t ac
cotal111 ocur f<<1t-G111Ce mC1, 110 cotal111
ocur ö111mra'V, 11' 11011111 ap. 'Vo rU1r11e; OCUl' ma11a rU1t
ac
cota1111 11ama <<1C1, 110ca 11111t tlac 11í <<1p, U<<1p 11ac mmn
ma11t::.
0:11 cu : mar e a capna 11' erb((-vaè U111.111, 11' crèco11, ocur
u cu a COm<<15111
a
a11 a hé11'1. Ocur mar é at 11(( btw-v11a
11' erbcroac <<111, 11' q'le1111U5 <<111. Ocur m((ra 11í 'Va 1 111111 <<1b
11' erba-vac <<111.,111 LmI11ll11<<111'Ve 'VO p111111b 11' erbai)((è <<1p,
öU11ab e 111
<<1nmp<<111'Ve 'Von -cr((01teC
ml1 íC((11 5aca
bl1a-v11a.
lõ Noma'V t0151, l1a COil 111 öac cU1ten 'VW c111tena, 110 1n
C<<1
, co po l'capra
111U, ocur 0 rCe11<<1
, 11' l'mac
unn
a
EO po 5aõ<<1
5 111m 11(11) o11ra; ocur 0 5eüm
, 11' e1111c r o
<<1E11e'V a 1151mm11.<<1'V U11n
a.
CCn cerc,
pel1u5 U111.111 .1. Lrwn a1 t rea
a coll((, ocu}'
I ACCOI'dillg to their work.-O'D. 1978, !IlIYs, .. elfllC 111 con no 111 CUll:;, If
U 5t11l1lflU'D 5ebufl OflflO IOl1clbi the 'eric'-tine for the hound IIml the cat
THE l!OOK O}' AICILL.
37
The goat has a tripartite division; i.e. one-third of ,itR 'filE BooK.
value is for itR hody, one-third for its expectation, and Al
L.
one-third for its milk and its kid; three fourths of this
third for the milk, and one-fourth for the kid, i.e. two-thirds
of a 'pinginn ' for its kid, and a ' pinginn' and the third of a
, pinginn' for its mille And it is a goat of the 'wlue of two
'screpalls;' forthe goat does not exceed two 'screpalls' invalue.
The hound is like the pig, and the goat is to be like
the sheep, and the horse like the cow, as regards tail
and fur and udùer. Or, (weonling to othe1's; as regards the
mare, if it be one teat that has been destroyed in the mare,
it is body-fine according to the severity of the injury that
.'ihall be paid for it. If the feeding of her foal be in the
other teat, there shall be compensation and sick-maintenance
for it (the injU1"Y); and if it be not in it, there is one-third
due for it. And if it be the foal of the year that has been de-
stroyed, it is one-third of the val-ue of the mare that shall be
lJaid for it; for the milk is of no benefit after it (the foal). And
if she has only body and expectation, or body and work, she
is divided as to ralue into two parts; and if she has but body
only, there shall be nothing for it, because it is not yaluable as
beef.
As to the hound; if it be its flesh that is deficient in it, it
is t9 be returned, anù a hound of the same nature is to
be given in place of it. And if it be the litter of the )'ear
that is deficient in her, there shall be a tripartite division of
her. And if it be a part of her teats that is deficient, the pro-
portion of the teatR that are deficient is the proportion of the
expectation that shall be paid every year.
The ninth of the price of tlie hound is to be [liven for
every whelp of her whelps; and the ninth of the price of the
cat f01. every kitten of hel. kittems, until they separate
from them (are suckled), and when they have separated, it
is 'smacht'-fìne that shall be for them until they are fit for
work; and when they are, 'eric'-fine shall be paid for them
according to the nature of their work. 1
The hen has a tripartite diyision, i.e. one-third for
!hall be according to the nature of the work they are set to do." That is, hunting
or mouling,
380
Lebar!. mete.
l'HE BUOK t;r1Cm ap reat u hmt, ocur quem ar 1'cat a 1'[mlnnèllall-
OF ,,"'
AICILL. t;mn.] 1,1om((1) tOlp na ClrCI In Eac en 'Va henmb an
O'D
79. mret:; bet:; r e COIl'; oeur 0 rcepmt;, '1' tet t0l51 a mat;hall
O'D.l[J79. unnt;a, [no eo t;Ora mm1'ell lunt:;a; Ocur 0 'VO Ilo-va mm
(j' lunt:;a, '1' COñ1tof; 111 cerc mop ocur In t;e'r,n ; no 'Vono, In
'Veltblr It;a Inr In mbOln mb1Cc ocur 111 bó mop 5upab hi
1n 'Veltbl11 cen1a bl)' 1nr In elpln ocur In pepcer c .]
CCn ;ti. 11Iar ré a'Vot '1' erba-vac mr, '1' at;eur; OCU1'
0'D.I9i8. mar é 'Vot 11a bl1a-vl1a [pn '1' erba'Voch mp. 11' t;reI11Uf;((-v
It> air; t;rlan a commr a cotta, t:;rlOn a com01r åll.ocu}'
t;r lan a commr fmlt;lnchl]; ocur mar n1 'Va 'Vot 11' erba-vac,
O'D.1978. O1r, 'Surab e an Lmnmrmn'Ve ['Von allr erba'V((c] 1C((1 111111 .
SeOlt; rei 1" fof;lmf;t;her t:re anfot;, no qle 111'V61-Cblp
t;or ba pn ; ocur 'Vama t;re comllmn, 110 bo 'Vlre fO t;ruma
Isnn cneI'Ve 111nnb, ocur or-cur. oeul' enecl(mn.
Seolt:; a5 l1a hmclnt:er tact; ocu1' pl1mp((1) 1'111, ocur
'Va ma'V reolt; (fS l1a bel'
laët; 110 5111m11O'V lat;. pob O1t:'S111
ocur oi:rur Innt:;lb; oeu1' mar l'eOlt; a5 na fU111act:; na
O'D.1979. 5111mra'V [ro cet;OIr, oeur ((ca t;a rmlt;lnCe Wpt:Wl1], 11'
:"O'D. 1[)79
mr'Vme1' cOlm1-cac mr, [act; m(m mmrt; cana m'S11111C, ocu1'
m&1'ea-v, cei:11mme 1'C)llpUltt ((111.
bo ar U-c; .1. bó Inntaof;, 110 bo t;lle 1((05; no man(( pu
OCt; rcrepmtt an mart;, ocur for cemo f1u OCt; 1'cp,bmtt
an mart;.]
"'" Û .úv I> r/1v
J)
0'D.1981. >t' Cm '00
bn1 'OeOTW1'O '00 l1t1tla'O [OCl1f t1t1t1a'OR '00
[)!' 't a._ 'O eO tta1'ß J 1
(.;
, Lf{; f-
litS b
llf
) .1.111 'Veorm-v frecmp: '1' e a mi;111p'Ve,'Vull1ellH
lncli>el'
TilE BOOK OF AICILL.
381
her hody, one-third for her clutch, and one-third for her TRY. BOOK
expectation afterw.lrlls. The ninth part of the value of AI
:LL.
the hen is git.en for every chick of her chickens, as long as
they are with her; but when they separate from he 1", it
is half the .alue of their mother that ,is given for them,
until the time of
comes; and when the time of laying
. l X
.
has come, the large hen and the pullet are of the sa
e value;
or indeed, according to othe/'s, the difference that is between
the large cow and the small cow is the same P1'op01'tirm(tff'
difference that shaB be netween the puBet and the fuB-
grown hen.
The goose, if it be its hatching that is deficient, is to be
returned; and if it be the hatching of that year that is defi-
cient, there shall be a tripartite division of her; one-third
on account of her body, one-third on account of the clutch,
and one-third on account of expectation; and if it be part of
her clutch that is deficient, the proportion of the clutch
that is deficient shall be paid for.
These are' seds' that are injured through inadwrtence,
or through unnecessary pr0fit; but if it were by design,
, dire '-fine should be paid for them according to the severity
of the injury, and sick-maintenance, and honor-price.
These are' seds' that are not recognized as having milk and
being capable of work, and if they were' seds' that may not
have milk or be cap((ble of work, there shuuld be compensa-
tion and sick-maintenance for them; and if they be 'seds'
that actlwlly have not milk and w'e not capable of work at
first, and have expectation afterwards, the arbitration of
the neighbours is to be had respecting them, unless it be
beef of' cain aigillne,' and if it 'Oe, the fourth of a 'screpall'
shall be paid for it.
A cow for the udder, i.e. an incalf cow, or a cow after
calving, or ifthe beefi" not worth eight' screpalls,' or though
beef be worth eight' screpaBs.'
What is it that makes a stranger of a native free-
man and a native freeman of a stranger?
That is, an outlawed stranger: he is defined to be a per-
382
tebalt m cleo
Y]1
'I.. '
THE BOOK CltH:;a 1)0 1)eI1Um, OCUt' 110CO 11et:;m:; 111 fUle (( C11lt:;(( 1)0'LIlchUI1
OF b w 1 w
AICILL. 1)1 ql1(( na t:;01CI'L1, 110 CO t:;ucm:; 05 ar a C11l(1) 'LIO 1)ICUr
'LIlb, .1. 1'ect:;_ CU112((1(( 1)0 flm
, OClIr a rect:; 111 blw1)na pe111'L11
C.2541. 1)0 [hlC - re] éclmr, oCUI' a 'LIa cummt Cmr'LIl c((cha lete
,,-00 na Ce1
111 le
lb lur m:;a comcmr'LIe; oClIr 0 'LIO bermt:;
a1111(1) r1n, 11' raep 1m:; ar a CI11t:;mb, 110 CO t7Uca nech 1)lb
U11511(( rCe11le 110 bmr 51 1 ((111 1)0; 110 110 co rCU111ea a eocu 1
nr fill pne ((1 1 c01bpalcallW. Ocur 1)a t:;UC((t:;, llOCU 1'oe11
o'u. 1982. 1<<t:; [((11 (( C111n(1 bh] 110 co t:;Ucm:; 111 cut:;ruma Cet;l1a ar 1)lëull
loa Cln(1) 1)lb ar11'. Ocu1' cm re t:;um
, CI'L1 11e eclmr, CI'L1 re
((et' Cmr'LIl 'LIO 116 r05al, a 1)ul 11' lW reet:; cumatmb
O'D. 198
. 1111 1 tmm rl((ta, 110 CO t7mr a t:;oëmÔum; [OCU1' 111((
t7a1111l15 a t;oëw
e((m, a fe5a'LI cw 1111'1 l1'L1ell1W f05m t
C. 2:;41. at' (( llC(1He 1'111 e, In 1 1e t:;umt, 111 r6 he5 1w 1'] ; [110 re
,:1wor cmr'LIe] OClIr m(q
11e ((et' Cmr'LI1,lr (( 'LIut l}'1n 'LIU
cumml Cmr1)1 ; ocur I1Wr r e eclmr, 11' a 1)ul 11' 11(( reèt;
111 btW'LIl1a1 b pCl11'L11 tl1t (( lmm eclalre, no n(( reèt; cmïwta
((ra 1'011. OClIr cm 11e t:;lIat
1)011e f05a11
clmre)noco
t;Blt:; 111 'LIU rU11 ((C eclatI' 1111), umr nae 1)11511) t:;ua
wpsl111mt:;. l10co 1l1catln eclmr l1í re t;um
, umr t:;Clt:; eclm1'
O'D. ]982. 1 paemb t:;umt!, [ocu}'] l1[oè]<< t;elt:; t:;uat:;h 1 paeatû eclmre.
ct'"'!" lb'r?1.o
1 Shall/lave given ill t,tis way.-Dr. O.Ðollovan remarks Oil this matter :_" 'Yhen
the outlaw was proclaimed by bis family, they were obliged to give up into the hands
of the different paxties mentioned, certain funds Cor the payment of his future
trespasses. They were then free themselves Cro.1l the p.l) ment of any' eric'-fines
for his subsequent trespasses. These funds appear to han been:- J, seven
'cumhals' placed in the hands of the chief of the territory; 2, se, ell . cnmhals'
in the hands of the church of the territory; and 3, two . cumhals' in the hands of
his neighbours with whom he had entered into . cairde'-relations. The seven
. cumhals' in the hands of the chief of the territory shouM be first exhausted in
payment of fines for his trespasses. Then, these heing exh:lUsted, it should be
conaidered against whom he had trespas<ed, before any of the other reserved funds
could be called upon. If it was against any of those with whom he had entered
into' cairde'-relations, the fine should be paid out of the two' cumhals' placed in
THE BOOK OF AICILL.
383
son who frequently commits crimes, and his family cannot TilE Bool[ <-
exonerate themselves from his crimes 'by suing him fOJ. AI
T_ a1 1Iv.'r:
v
"
them} until they paya a price for exonerating themselves from a I - c '. (p. fkrr.1
r. u;e.
his crimes, i.e. seven ' cumhals' to the chief, and SeL'en ' CIL7n-
hals' for his seven years of penance are paid to the church,
and his two 'cumhals' for 'cairde' -relations are paid to
each of the four parties with which he had mutual' cairde'-
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 kinsman
out of family-friendship. And if they give him these, they
shall not be exempt from his crimes until they pay the same
amount again for exonerating themselves from his crimes.
And whether it be against laity, or af,rainst a church, or
against 'cairde'-allies he committed trespass, it (thefi{Le) shall
be deducted from b the seven 'cumhals' which are in the blr. II is to
go HI to.
hands of the chief, until they are exhausted; and if they
become exhausted, it is to be seen against whom he has com-
mitted trespass afterwards, whether against laity or against
a church, or against' cairde '-allies; and if it be against the
, cairde '-allies, it (the fine) shall be deducted b from the two
, cumhal::!' of the 'cairde' -allies; and if it be against a
church, it shall be deducted b from the fine fOJ' seven years
of penance which is in the hands of the church, or the seven
. cumhals ' which are in lieu of it. 2 And if he should com-
mit an ecclesiastical crime against the laity, nothing of what
the church has in hCí' hands shall be charcred with it, c for the. Ir. GOtS
" into it.
laity are not entitled to penance. A church pays nothing
to the laity, for the law says,'" a church goes into the J[
debts of the laity, but the laity do not.æ into the debts of
a church."
their hands. And if he trespassed against a stranger church, the fine should be
paid out of the se,eu . cumhals' placed in the hands of the church of his natÌ\ e
territory, which church was not called upon to pay fines for any trespass he may
commit against the laity. If, after all these funds were exhausted, the outlaw
returned to his native territory and received the countenance of anyone nati,e
freeman of his kindred, which might be done by giving him the loan of a knife Or
a handful of corn, the whole family were bound to give a similar numlJer of
. cumhaIs' into the hands of the parties before mentioned."
. In lieu of it. The
ISS. are defecti\"e here.
:
84
lebap. a:tcte.
TilE BOOK [Cn) fo'Oepa CO t:éH; ectmr 1 pac-hmo t:um-rl. ocur cona
OF .
1 b t ? .
AICILL. r;61t: t:uat: 1 pac lal ec at 1'1 . 1 l' e In fat: fo'Oep,a: ret:
0' 0, 19
2. l1a 'OltE1'O t:lwt tt:a 1 latt'ìl 11a heclatf1 .1. In pennatt:; ocur
m coma'O bei7<:;ap a 'Oenam na pen'Om'Oe, 'Ota 11'Oep11a fOEUlt
r. pe hectm1', '1' a 'Out a pachmb ecta1'a; ocur mar pe tUct:
cmp'Oe, '1' a 'Out '1' l1a 'O l cumatatb cmp'Oe 1ap Ecmt:hel11 co'Oa
t:u mt:h e.]
1 n mac '00 p11le pta n'Oenum 'Oeopmi'> fpecatp '01 '1' f(
b,t:h ammt cach n'Ol11ne n'ObEt:ec 'Oon pne. 1n mac '00
/Ø rune tap n'Oenum 'Oe01W1'O pecatp 'Oe, a Cln 1'op pne a m((-
dWlt .t. tan pac 'Oe011m'O 'Oa rer;mb pU1'01tp bu'Oe111 111 ((
c111t:mb, ocur bepl'O a cOl1 1 P'01pl.
11' ann '1' compmn rtan he, 1'lan '00 cuc 'OU111e U mapba'O,
c. 2,-'-l
. rlafl111 mbm'O t:lIca'O na 1w1ce 1'111 pOmC{I11'O[ar],ocur Ita fUlt
Splì" fmll nmmpc-b, oCllr na fUll a11 Et11U11 'OU1ne mplt:1,
01;Ur 11a fl1l t fep btat:a m1111:;1. OCt1r ma t:a TUE 1 fmU nm-
mpct1, '1' a cm 'OIC '00, ocur 111 fUll ap cup 11a ap fmcl11
'Oume mrU1:;l 11'1n Cp1C ; OCll1' ma po mapba'O he, '1' C01pp'Olpl
'Oeopmi'> berCIl<< 'OlC ann.
w 1re'O '1' fmU t:lmmpC1:;1 '00 P1E ann, cen a nmmpct:u11l
1 1e 'OU1ne mpl1:;l, no cen a belt ap FP,un mplt;" 110 cen ff'P
b,m:;a mp1tl.
111a t:a ap EP,U11 'Ol11ne mt11t" '1' a Cln 'OIC '00, ocur a
COlpp'OlTll 'D1C 'DO; ocur ma po mapba'O lie, '1' C01pp'01Tll
25'DeOpa'O 'OIC an'O. Ocur 're'O '00 n; 'Oeopm'O 'Oe, a f'epan'O '00
'Out ua'O.
1na t:a 1'et1 btat:a mplt;, mCl, '1' a Cln 'OlC '00 fO mcne'O
btat:a pe n'Oenum CI11a'O nO tap n'Oenum Clna'O. Lan pach
'1' 111 mbtata'O 11e f1'Oenum cmQ'O, ocur tet pach '1' m
1 lIe may be killed ,,.ilk impunily.-The third 'rLan' in the Irish seems redundant.
Though found in the 1\1S., E. 3.;:;, it is not in the corresponding passage in O'D.
1983, and C. 2343.
THE BOOK OF AICILL.
385
What is the reason that a church
into the debts THE BOOK:
of the laity, and that the laity do not..@. into the dehts AI
;LL.
of a church? The reMon is: the church hM in its hands
a ' Red' which the laity have no title to, i.e. penance; and
while the penance is being performed, if he hM committed a
trespa,;s against a church, it (the penalty) is to go into the
church debts, arrd if against persons who have- 'cairde'- - Ie. Of.
relations with him, it is to go M part of the two 'cumhals'
of' cairde'-relation, after the portion of the laity is spent.
The son whom he had begotten before he had been
made an outlaw is to be like e"\ery other lawful man of the
family. As to the son whom he may have begotten after
he had been made an outlaw, his liabilities shall be on the
family of his mother, i.e. they pay the full debt of a stranger
out of their own rightful' seds' for his liabilities, and they
obtain his body-fine.
The CMe in which a man b m ay be killed with...imJm nity, i.e. Þ Ir. He.
every person is exempt fl'Om.liability for killing him, is when
the
e things before mentioneù were given for him, and
the king has not neglected to restrain him, and he is not
on the land of any particular person, and there is no par-
ticular person who feeds Mm. But if the king hM neglected
to re<;traiu him, and if he is not in the employment or hire
of any particular person in the territory, he (the ki71g) shall
pay for his crime; and if he be killed, the body-fine of a
stranger who hM a 'bescna'-compact
hall be paid for it.
Neglect of restraint on the part of the king means, that
he did not restrain him to the employment of a particular
person, or did not have him living on a particular land, or
fed by a particular person. .
If he be on the land of a particular person, he (the person
on 'whose land he is) shall pay his liabilities, and shall obtain
his body-fine; and if he be killeù, it is the body-fine of a
stranger that is to be paid for him. And what makes a
stranger of him is, his land having gone from him.
If a particular person feeds him, he shall pay for his crime
according to the nature of the feeding before or after com-
mitting the crimes. Full fine is to be paid for the feeding
before committing crimes, and half fine for the feeding after
YOLo III. :1 C
SSG
tebap. a1cte.
'Iøx BOOK: mbHIt:ha"O HI}1 11"Oenam c1na"O; ocur 1Ct:a}11n lan rwë, Ocur
OF 1 .. .. ..
.AJCILL. nocon 1Ct:a}11n et: pac, ap 11' a CI11 fa'Oelf1n 1Car cac ann
1f1n mbHIt:a"O HIP. tl'Oenum clna'O.
CIl> ro"Oepa co 1l1ct:ap 1'11' 1n lan pat ocul' nae 1cr;al1 p1r
.r 1n lelt; rHIC 1 11' e rat fo'Oepa, a 'OualEUr 111bleoEmn
1ct:al1 111 lan paeh, oeur- a 'Oual;su}' bHrr;a 1ct:ap. 1n let;
pach.
O'D.1984. [ma t:mpmc na reet: cum((la 1t:a 1llmm rl((t;a 'OO m-
cmiem, Ocur 111 fU11 p1È a fmll nummpce, ocur 111 fU11
kj((11 cup na ap rmic1ll 'OU1ne mlt1t;1 1f1n cp1Ch é, ocur 111 po
bHrchuft;ap é 'OU111e nach faop ap C1nm-D a b1-D, annr111 '1'
compQ1t:e 1'l((n é, oeur '1' rlan "Oa cach 'OU1tle a m((p.ba-D].
C.2543. ["DU1ne 1'111 ocur a C1nt:a rop t:pebmp.1, ocur 'OO }11nne
rosml amU1t; e HIP f'n; ocur t:anEur 'OaEpa (( clna rop a11
,:rn aì)a pmbe re Eur t:p((r'Oa; ocur 111 fe((r na
h m;S1 po
fOEml; OCUr'r 1 rei "0 p.uc eotur ((mac ;sur an 111(( }lmbe.
110 'Oono, '1' }leiI' r e111 1 10 rOElm-D, oeur 'Oa;sra pac 'Oo rein
"00 cum-D am((c anll 1'111 eo
Cm 'Oeopm'O t:((r CPIC, no 'Oeopm-D Cr,che, no CI-D u}lpa-D
1D aon cplche 'O011 n PO-D 111nl1;smb é;" .. ump 'O((1llU 'ObOrm"O
a reen(p CU1CI-D 110 Eab 'OO tmm e ;sol1a c1nt:a, noca nicra a
C1n 1n n 'O((}l "E;((ba-D 'Oo tmm é, ocur 11och(( 1l111nrm
fet; ((1'
l1ech .1. Ul1ra-D 110 Eab 'OO tmm Eùna C1nt:a ]'unn, ocur ((11 d
po Eub 'OO tallTI é, tun p((e (m C111(( 'OO 'Oena 'OO ;c 'OO; oeur
]5'111:'1'(( f1ne mltl na tepa, 110 CI-D comfocur; limp l1a 'Oel111r((t;
'Oeop((1t) fpeacmp 'Oe, '1' 111(( pota rum ((1:;a C1'O be '01b
mcepur. Octlr 're a p05a ]'um pne 'Oacpu, oeur 1ca lan
p((e }l1r1n felchem t;OIche'Oa, ocer t;01õEI lan pac cuea
amme "0011 n p.o ;Saburt;ap "00 tmm é Eona C1nt;a.
1 Against himMlf. That is, it would seem, against the man with whom he had
recently lived.
20,. a .t.-anger lcithin the border._The reading in the MS. Egerton, 88, 45,
appears to be .. t:eofta, three," for which Professor O'Curry in his tmnscript, p.
2543, conjectured .. 'Oeoftal'O, a stranger. If the true reading be "t:eofta," the
meaning would he a .. stranger beyond three territories."
. To BMiter hilll,-- There is a defect in the IllS. here. hence the passage i.
W1Ïntellio;iblc.
THE BOOK OF AICILL.
387
committing crimes; and the full fine is paid, and the half THE BooK:
fine is not paid, because it is for his own crime that everyone AI
LL.
pays in the case for feeding him after committing crimes.
What is the reason that the full fine is paid by him, and
the half fine is not paid by him? The reason is, the full fine
is paid Q.n
indred, and the half fine is paid on
account of feeding.
If the seven 'cumhals' in the hands of the chief happened
to be exhausted, and the king has not neglected his restraint,
and he (the outlaw
) is not in the employment or hire of ?J7? tf 38'1.1'}
any particular person in the territory, and no person who is not
exempt from crime in feeding him has fed him, then he may
be killed with impunity, and any person is safe who kills him.
This is a person whose crimes were upon security, and he
committed trespass outside afterwards; and they came to sue
the person with whom he recently was, for his crime; and it
is not known but that it was while with him he trespassed;
and it was he that brought word out to the place where he was.
Or else, the trespass was committed against himself, I and it was
to demand debts for himself he went out on this occasion.
'Vhether he be a stranger outside the border, or a stranger
within the border,2 or a native freeman of the same territory
as the person who undertook to shelter him;3 '" · for
if it was a stranger of another province that undertook to
be accountable for him,k together with his crimes, the person. Ir. Took
by whom he was taken in hand, shall not pay for his crimes; him in hand.
and no one shall be sueù for him, 4 if. · i.e. a nati \-e
freeman he took in hand with his crimes here, and the
person who took him in hand shall pay full fine for the
crime he commits; and here family is nearer nlation than
bed, or it may be
igh bourhood ; and as they have not .e-z,cuß; '/I
made an outlaw of him, he (the person aggrieved) has his
choice which of them he will sue. And his choice is to sue
the family, and they shall pay full fine to the plaintiff; anti
they shall recover full fine outside from the person who bad
taken him in hand with his crimes.
4 And no one sTtal1 ðe sued for mm.-The MS. i
"
IÜD dtfective h
rl". TbfO
passage is accordiDgll uniAtelligible.
vor.. III. 2 c 2
f.6-f .m,.Z{}
t r .t9B', 33
.,
i' f'';'lb /I'IS,1L#t -
388
tebap, a1cte.
THE BOOB:
OF
AICILL.
8e ba Et1 nU1nE' fOP. nee bw
ar feap. nupfOcpa t;ap. cp.lë
.1. cumal ban aba'Õ 1'0 a lerllf; oClll' a commplepl'Õ an-
up.pm"O na t;IC fO lUI
1 can a, ocur cllm a Ce1
t an tI1n]::e; (,,/
act; 'I' F'n coll calla paqlO1C "00 bepap .1. ora act; an"O
plpab Ean "Oena nele 11' up.pctnllt;e 11'111 P.WF;011 1'0 par;p01c
'M bep.ap. fIn fOP 'rIP. mbwi;a; ocur for, "Oa n"Oep.na fOE011,
at;a elJl1C na fOEla ua'Õa p.e fin.
bo EO nì
EI fOP. nee bwi;uf mac no 1111;111 a ce11e 1OP.
nupfoEl1a .1. Cet;hp01me cummle fIn a 1ea1'llEa"O OC\ll' a
10 com01plesa'O ban oCUl' mac no mupcap.t;ha l1a LIE fO lU1È
cana, EU na,t;h, bU'De111 cuca; ocur muna O1{;i'Õlr, p.opa
1'lan.
bo ocur CUIE rcplp0111 'DeE fOP. nech b1O'i:ar elrt-ec na-
t;peba. 1nonn r'n ocur a ni pOm01f1n, act; cUlt:e helll PIE
I,cuIEe t;uc ap. 01P.'D 1'unn: 'DO fCplball Ipn mb01Il, ocur
rcplbull Ifln t;ram01rC.]
acur muna1').
.1. 111 'Dolt:o, act; mar a 'Oan 'Dl1:::;-i:ee co 'Dan 111'D115-r-eè
TUIC(('O he; aët; mora co'Onac he, r1cm cen Ili 'DIC plr felll,
.
oocur eneC'lcmn 'DIC pe cellllwb, octlr pe c01b'Delacwh, octlT'
'DO cac aen 7Ja mhlOt> fOE011 elleclmn111 Ino mClpbot>. a:
bwt;hfI'Ð ocur (( elt;IU'O uc "Oellum a "O((lla IIl'OhSflf;j OCtir 1
necm01r a pneC01pe fin, Ocur 'Oamo'D no po"OnU1re, noco
bw'O m 'DO Ceet;ap "Oe.
15" fllora ecco"Onae he, ocur In neCm01r a pnee01J1e, enec-
lalln "OIC plr feIn, ocur elleclcmn "OIC pe cennU1b, oCUl' pe
c01b"Oel((C01b, ocur"Oo cae ael1"OO mb1U"O fOE011 enecl0111111
1na mapba'Õ; ocur a bw{;a'O ocur a elt;e'D for. mura
beocne'O po fepol> mp, '1' C01pp'OITl1 a beOCI1e1'Õ1 "OIC pe
So f1rlech01pe.
1 For" f 0 5 m t," of tbe )IS. Dr. O'Donovan luggested" fo'Omt," and translatcù
accordinglr.
THE BOOK OF AICILL.
389
Six cows with an ounce of sil/'er is the penalty upon THE Boolt
a person who shall diet a proclaimed man beyonù the AI
LL.
territory: i.e. this is a 'cumha!' ofw hik þl'sQhma.tMm , for sup-
porting and aGvi
ing-ft
ho does not come under the
oath of' cain '-law, and his partner's share of the ounce; but it
is without violating the' cain'-la,\V of Patrick it is given, i.e.
there is a condition that thisfine is imposed upon the feeder
when nothing that is forbidden in this rule of Patrick is com-
mitted; and moreover, if he (the fagitive) committed trespass,
'eric'-fine for the trespas& is due from him in addition.
A cow with an ounce is the .fine upon the person who
feeds a ')011 or daughter of another after being proclaimed,
i.e. this is the fourth of a 'cumhal' for supporting and
advising the women and sons of the foreigners who do not
come under the oath of' cain '-law, until
them3el vea, I..J-
(i.e. the parents) visit them; but if they visit them, he (the
pel'son 'Who feeds them) is exempt.
A cow and fifteen 'screpalls' is the .fine upon the person
who feeds a house less person. This is the same us the fore-
going, except that the share of the pledge of a king of a pro-
vince is brought forward here; two' screpalls ' for the cow,
and one' screpall ' for the' samhaisc' -heifer.
And teaching.
That is, the pupil, if he was brought from a lawful to an
unlawful profession; but if he is a sensible adult, there is
exemption from paying anything to himself, but honour-price
is to be paid to his chiefs," and to his relations, and to every- klr.Heaa6.
one who would have a share ' of the honour-price for his being
killed. He is to be fed and clothed while learning his unlawful
profession; and this is in the absence of his family, and ifitwere
in their presence, there would be nothing dae to either of them.
If he be a non-sensible pelson, and if it be in the absence
of his family, honour-price shall be paid to himself, and
honour-price shall be paid to his chiefs,- and to his relations,
and to everyone who would have a share of honour-price for
his being killed; and, moreover, he is to be fed and clothed.
If it be a life-wound that has been inflicted on him, the bod
'.
fine for his life-wound shnll be paid to his familJ.
t
f<
7 ff.
G;ð-/
19-
'
390
Lebap. a1cte.
TRI': BOOB: metra fHt'lmmre a f1necmpe, rlan can n; "01C p1r In fine
OF t
AICII.L. ernn, {J('u1' enee ((\111 "Ole p11'1um; oeur ml11'(( beoefle"O po
re!1(("O mp, II' C01pp711pI (( beOCne1"01 "Ole P11'1um; oeur mrrra
1II(1}1.0(("O, II' a bt1e1t; "00 plleCU1!le. CC bladlU"O ocur a err;e"O
,ror ac TIentltll a "O(ma 111"ObFrlf;, octlr 1'e fon comar; pe po
bm ac "Oenam a "Oana 1n"Ob1;t;IÈ 111 cach 111a"O 'tub 1'111.
m t .. ..'If. t .. .. h
ar 0 "Oan "0 11;r;ec co "Oan '0 11;r;ec puca"O e, mara cur;-
fluma tof; 111 "Oana 0 puca"O he octlr tof; 111 "Oana "00 cum I
fluea'D, no CI'D mo tof; In 'Dana 0 ptlea'D, 1Ca'D 111 r;Q1t:;1
10 flucurr;ap tof; 111 "Oana "Oa "Oena'D ac an mr;1 0 puca"O; ocur
Ii' cer;rm'D co mberf enectann "Oon mt:;1.
mara mo tOE 1n "Oana cur a puca"O he, 1Ca'D 1n r;mt:;1
flucurr;ap t01; In "Oana "00 'Dena"O ac 111 nmr;1 0 puca"O, ocur
'r;01bEe"O a 1mapcpm"O ma comc, ocur mana cummc, 11' a "Out
" p.e tap.
Ibot; O'h Ç;?
1--10 't>111Ebmt }:'Op. cup.u bet.
.1. 111 r;uppa'Õ aër;uI
I; ((er; ma po acr;mf;e"O 11' e1p1c
uppm'Õ 1n'D bo"Oéln ocur 111a ctmn"O, a berf 111"0 bo"Oe1n ocur
u berf 111a cta111"O. ma po aer;mf;e'Õ e1p1C uppm'Õ 1n"O
)." bo"Oe1n, ocur 111P aer;m1; a belt; 111a ctmn"O; no ma po
o.cr;m1; a belt; 1na Ctmn"O, ocur 111P aer;mf; a belt; 1n"O bo"Oé11l;
each n; flo acr;mf; II' u belt; "00, cach n; nap. acr;m1; 11' u
nmmberf.
t "T. I
1n etann 'DO p1ne piaI' 111 uen'r;u1;ai) .1. p1ct eennacn 1n
" fepmn"O, II' a mbe1r;h 111a n"Oeopc('l)mb. 1n ctan"O 'DO p111e
1apr 111 acnr;UEUT>, II' ambIt; na nUP11.a"Omb, .1.1ctp eenn((ë 111
fepmn"O; oeur 0 blUr 1na'D at;a no mU1bn'D 'DfeP.an'D'D 1te r
ac "Oume, no 0 Ce1n"OeOCUr, "00 n; uppaT> 'De.
THE nOOK OF AICILL.
391
If it was in the presence of his family he was taught, there THE n
oJt
is exemption from paying anything to the family for it, but AI
LI..
honour-price shall be paid to himself; and if it be a life-wound
that has been inflicted on him, the body-fine for his life-
wound shall be paid to himself; and if he be killed, it (the
fine for it) shall be obtained by his family. He shall be also
fed and clothed while learning his unlawful profession, and it
(the fine) is proportioned to the length of time that he ha.'J
been learning his unlawful profession in each case of these.
If he has been brought from a lawful profession to
a lawful profession, if the price of learnin[J the profes-
sion from which he had been taken, and the price of the
profession to which he has been brought, are equal, or, though
the price of the profes8Ìon from which he was taken be
greater, the teacher who has taken him shall pay the teacher
from whom he was taken away the price of teaching the
profession; and it is an opinion of some la-wye?s that the
former teacher should have honour-price also.
If the price of the profession to which he has been brought
is greater, the teacher who has taken him shall pay the
teacher from whom he has been taken the price of learning
the profession, and let him recover the difference k if he can, · Ir.L:cUl
and if he cannot, it (the fine) shall fall to the ground.
Or evading verbal engagements.
That is, the stipulating native freeman; if he has stipu-
lated that the' eric '-fine of a native freeman should be for
himself and for his children, it shall be for himself and for
his children. If he has stipulated that the 'eric '-fine of a
native freeman should be for himself, and did not stipulate
that it should be for his children; or if he stipulated that
it should be for his children and did not stipulate that it
should be for himself; whatever he has stipulated he shall
have, whatever he has not stipulated, he shall not have.
The children whom he begot before the stipulation, i.e. be-
fore purchase of the land, shall be strangers. The children
whom he begot after the stipulation, i.e. after the purchase of
the land, shall be native freemen; and when a man has
the site of a kiln or of a mill of rightful land, or when he
shall purchase Buch, it makes a. native freeman of him.
392
tebar. ((lcte.
1/ Dßï98'1jf-
TUE EOO1t
OF
A WILT .
c. 1619.
11' a1' Eabafl elrel11: 11' uflp.at Imuflflo 1n 't)eoflmt cflenar
r eltb .
ma1'a 5fla't) recm flo [r]((cmb a [r]((e1'am rOfl 't)U11le 1I((ë
tom an COm((flb((, flO mara 't)U11le nac ï=:11a't) 1'ec"Ca 110 racmb
s- a rae1'((m rOfl tomal1 comap.b((, cUtC 1'e01"C 't)0 cec"Cafl 't)e;
no CumC(l) CU1C 1'eOI"C 't)01U mafl ((en, ocu1' 't)a "Cfl1a11 't)f1fl 111
raerma, OC1Ir ael1 "Cfl1((11 't)Pfl fla a"ChEatJata, OCur 111 a"Ch5-
abmt't)o teC((11 ro cmtL
C Ib/? ('4
O'D.1987. 'Cmfl C r 111 't)1t
lt 1 tet; fle cflecmb ocur fle cne't)mb, ['5elblt
o Eflmm 1 pr raerma no ((1flblfl"Ca roe1'ma 1 1el'
fle cne't)mb
ocur l1e cp.ecU1b. 111((11(( rU11 t:mflcf1u '{\tr
lt, 110 cu
namm1 "CaI1ba; Ee,b,'t) 5fle1m fir raerma, 110 mpbefl"C
roerma 1 1elt; fle adJ5ubml, cell co flO1b "Cmp.cl'1 't)1151t.
a'IJnfl Lf()
Q,Mnrf..
btw't)mn 't)on lommn comaflba 1m a 1'encm"Cmb rem ocur
1m renclIl"Cmb a adJap.; m; 't)o 1mm a fluacln"Cmb rem OCur
1m nuaCI11"Cmb a m:;h((fl. 11m6 't)011 (:O"Ol1ac 1m a rel1cm-
"Ca1b re11l OCur 1m rel11C11l"Ca1b a a"Chafl, OCur 1'eC"Cmml1
"00 1m a fluacln"Cmb r8111 Ocur 1m 11uacm"Cmb a a"Cha11.
Cal1ar a I1Eabafl111 m1 a"Ca "0011 ecco"Ofiach 1m a l1uaC111-
"Cmb re11l OCur 1m I1UC(C11l"CU1b a ((t:hafl ?
C. 1619. '1' a1' 5ab((1fl: atÌlm11r e m1e "Oec 111 fl((1-(;, [a"Ca "00 CO"Ol1ac
1m a r'11CI11"c((1b bute11l OCur 1m rmCI11"Cmb a at:hofl] 111
C.1619. ret"C1l1mn a"Ca 't)0 1m a flU((CI11"Cmb [buT>em Ocur 1m 1lt1((-
C111"c((1 b a at:hofl,l C01J1110 "0 11'1"Oe, 1I((Ifl11' bl1((T1((1I1 (("Co 7\011
'-ecco"Ofl((ë 1m a renc1tlLwb reIn oCUT' 1m renCI11nnb a
C.1619. a"Chap, cemo'O m; 't)o bet; "00 1m a nuael11"Cmb [butem ocur
1111 l1uaClnt:mb a mh((p] .1. cwmo."O ((Ill "Oec no. 1.>l1a"Ol1((
1'111.
1n "Cupb((1"O bl1a'Ono. 1111 "Oon ecco"Onac 1m a relnCIf1"Cmb
:<0 rei 11 ocu I' 1 m reI nCI n"em b a adlap, 511(("0 reë"Ca flO rac((1 b
I .f minnr.-" tomCln cOI11C1flbCl." i
n minor wllo ha
lost hi. fatllpr.
· 'fh
re is something omitted ht-re. For .. adl;;aùQ1L" in this place. and in
Ihp next sentence, Dr. O'DonovAn s\I:;!gested .. alchS1l1, restitution Or cOlTlreubA-
tit 11. 1 '
THE BOOK OF AICILL.
393
This is derived from :-" The stranger moreover who THE BOOK:
OF
purchases property is a native freeman." AICILL.
If it be a man or septenary grade who gaye his protection
to one that is not a minor,' or if it be a person who is not of
septenary grade that gave his protection to a minor, five
, seds ' are due to either of them; or, according to others, it
may be five' seds ' to both of them, and two-thirds thereof
are for the pratector, and one-third for the man entitled
to the distress, and the distress is allowed to escape. a2 . fr. T.
let into the
When law is offered with respect to plunderings and wood.
wounds, knowledge of protection or being told of protection
takes effect respecting wounds and plunderings. If there
is no offer of submitting to law, knowledge of protection
or being told of protection has no effect; but with respect
to distress, knowledge of protection or being told of protec-
tion takes effect, although there was no offer of law.
The minor remains b a year 'It nder exemption respecting his b Ir. HaB.
own old offences and the old offences of his father; a month
respecting his own recent offences and the recent offences
of his dæceased father. The sensible adult remains b a quarter
of a year under exemption respecting his own old offences
and the old offences of his father, and a week respecting
his own recent offences and the recent offences of his father.
Whence is derived the month which the minor has for his
own recent offences and the recent offences of his father 1
It is derived from this :-As the week which the sensible
adult has for his own recent offences and the recent offences
of bis father is the one-twelfth of the quarter of a year
which is allowed to him for his own old offences and the
old offence
of his father, it is right from this, that a8 it is a
year the non-sensible person has for his own old offences and
the old offences of bis father, it is a month, i.e. the one-twelfth
of that ypar,3 he shouhl have for his own recent offences and
the recent offences of his father.
As to the year's exemption which is allmved to the non-
sensible pcrson for his own old offences and the old offences
3 The o",,-Iwe{lth of/hat ytar.- The text of this paragraph is corrupt in E, 8-5,-
O'D. 1483,-and has been currected from C. WH'.
f{j' ÚSU, II CtJiv
.,. i-N
C\/
QaW1\'
oÆv 'tLo r I.ik.
394
Lebap, a:,cte.
Tn!!: BOOK foeram fOP toman comapba ann; ocur 1 bmt m:;a m mt at:ct
OF
ÁICILL. 1m a lluacmt:mb fem, foerum ;t:pm'O rect:a pt an 'Oro ; ocur
1m a nuacmt:mb ac;a m m1 '00. 1 bmt m:;a 111 parrl 'Oon
cO'tmaë 1m a remc1T\t:mb, c;upbam eppars no fOEm01p t:uc
'OU1ne ((P U1p'O ann; 1f amtm'Õ pn '00 bl(('t) 'Oon ecco'Onacn
m t:upbam eppm5 110 f05m01P, 'Oama'O 1 m t:upbm'O rm po
U1pbept:nm ö e'O.
1n bmt m:;a rect:mU1n 'Oon co'Onac, t:upbm'O eppmE no
fOEmmp po U1pbept:nmE an'O for, ocur 1m a nuac1T\t:mb
10 a"Ga m rec"Gmcnn ; ocur 'r amtU1'O '00 b1(t'O 'Oon ecco'Onac 1m
a nuac1T\t:mb, 'Oama'O 1 m t:upbm'O [f1n] po a1pbepr;nmEe'O.
C 619 el- c. (..Dc I ,.'CA.Lh c. :;;.-
f ,. Q. .1. [ No ma eto"D 1a n turr-n _ e ""0 aodi oé
n an m a.:,
O'D.19Sg. ." ù t" _
:: 'V
t .../ C ",c.
:DepbfQPFe,U tU1 nacn neme'O '00 Ea1"G 0 Epa'Õ recm e1te_
-
II
I
(. 7 r Tc. ,.
-E.tI t '" 'VI, ('..,
a rec"Gap mm5.m. Oçur "1 c_01ûer 1t:a ma Emt: '00 Ef!UJ>, recLa
,r Q pO_E am 'Õ,
re
_
a 'Oõro'-m, oo1t-r c01belr '5,t 'O
.n
éctanll
1'1 (, ... r) ... .. .. ..
mn, ocur r
ma'O majlû"Ga a!} 5 ßa1 'O fQ1t a n'O
)la'O 1n
'O
OßÈeaU.
.;>>" ,f;t:.
mara tmrce po 1Cr
1mac mEan:; ma pQ.fer
a1P.
t ... ..7 t - J
e1 e 1(t"G, 'ra U1f1C 'OOPilll a pUE ua'O, ocur m!l_:mpe,9gJr
10 t
_'t)lpe, ocur q
anJ'011l-e, '1' na t:
è ê'o r e"G mû 0 flP m
'O
15fOP51tl teo; ocur Eabat: a r e01r; fein E
1m a rq;l1lU
1'\ r -
'Oor um .
I'"
II
,
t11ara tmrce po fer m ree; ÇQ!Iatl! e 1te ma po 1crttm e,
m c01be1rpO 1C@ro m amffi: 1n'O Em aÞr,EY.11abe'01cdl@
, ( p1r, odur tan .3>'pe, oc7ur t
'Ow.e ocur t:J}!all 'O
'r na t;.t11
resmû; ÇQ!!aJTlera
t
'Oenma m 'O
bfQ11E1U mJ::an. na
P<Vl1cÇæ na r
01"G ronac no 1lu::;a!l POY'CC!].. "DepbfQ1!5 ett
1 That they had YOfIe anoflier WQY.- That is; it would seem, that the man accused
and made to pay in the first instance, was not the actual thief.
THE BOOK OF AICILL.
395
of his father, a 711an of septenary grade has given his I)rotec- THE nOOK
tion to the minor in the case; and where the month is AI
LL.
allowed for his own new offences, the protection of a man
of septenary grade is given here also; and it is for his new
offences the month is allO'l.ved to him 'Vhere the quarter
of a year is all07ved to the sensible adult for his old offences,
it was the exemption of spring or autumn one pleaded
then;& and it is so the exemption of spring or autumn would o Jr.BrOtJu^'
be allowed to the minor, if it was that exemption he pleaded.fol"ICard.
Where there is a week allowed to the sensible adult, it
'l.vas the exemption of spring or autumn he pleaded also, and
the week is for his recent offences; and it is thus it (the
exemption) would be allowed to the minor for his new
offences, if it was that exemption he should plead.
Or in evading after taking an oath, "ocath anma."
A false oath respecting the stealing of an article of little
value belonging to any' neimedh'-person from another of
septenary grade, from a place outside a precinct. And the
amount that is due to the person of septenary grade for the
theft, when the theft takes place, is what is due to him, and
the amount of honour-price which is due for it, and the
seventh of death:fine of the grade against which the false
oath was made.
If he had paid the penalty for the theft out sooner than
it become known that they (the seds) had gone another way, I
it (the penalty) is to be restored by him who took it from
him, and full' dire' -fine, and half' dire '-fine, and one-third
'dire '-fine for the three first' seds' along with them from
the man who took b the false oa:th; and his own 'seds ' are .. Jr. Of.
subject to a claim for compensation for him.
If the 'sed' had been known to have gone another way
before he had paid fm. it, the amount which he should pay
out for it without its being known, is what is paid to him,
and full' dire' .fine, and half' dire' -fine, and one-third' dire'-
fine for the three first' seds;' so that it is worse for the man
who made the false oath when the' seas' were not paid out
than when they were paid. This is a case of false swearing
.,.
D{MrV79) eM.,' ïJ d. JJ..v
(cf,I:t 3 8.,3) 7
,,'I-!!! 7,
/1) 7
v...
'Mt
,
,',
/1ft
.71ilJl/jv-rlJ-Ï
.
396C.1
tebap. alcte.
7 ",..::. ( "Irï...,,-c.6-
TilE O
OO1t Em1::1 1'\!!, ocu1' onam@ on
hr!mð\U c1J!1} no
aftt;a, '1'
An'I1.T.. mi':t;m nama,.
- 7
-
ablcæ ocur en eclann 11'1n anfocal Cl11p no cunnapi:a
O'D.1!J89. [no ;t;IU oCllr bpw
1>e]. 'O
tÍf;'
la1> nama \r\n anro('
tl
.vM !if - 7 -- .,
r'æ- - -
!\-
) Ct1
'lQ C!J1]ng,p.dia; OCt1r recr; c um al
'00 rmacr; ocur
l an enect
bU-Del!! a n1>.!illbrQt1
eaU cl er e rOTl na
SCq A;;;"" c. humrl1b'; od' r l ei; rethr; cÌtn7ätà '00 rma ër; ocJ r lan-
enect ann btmem a n1>
brOPEeaU ctei; e fQ1t 1ì'llb.'"
f?l'7tiV
-I'
... "" \.
bne
\le: lu a reë1::ap fmf.ch\, r.eër;ma'O {>nect mn\11 '00
10 cach 1111>. Lan rO\p5eU co nPlt:ech 1m x:.eët:ap.. raiTh\ ;
olur l ei;
ër; m m;; 1\1a fta'Õ '1' EO 'O
omE> cm f Ot-pl; ell.
ma;; la
fQ!lli;eU 1F
ell1u
2-e- i:a
u ruar,
r lan
en
'00 \non \na fta'O '1' E9f" C1!! f
5'U, \1' l
ene:
clann .
(,I/Qli"C I/;:Z.(')
ø DJjJ4-J, .lM,
'I mai> 1m 111 aqletü e1115 rnep, '1' lei; en
'00 \n1>;
ma1> pa1> '1' EO, cm ro
5\U, '1' cer;hpl!!l!!e en eclmnn e.
['tf'c,l1.
I.u+
Ob 199d II-
/6l-lf) [c
J
"'01t71U f1P. mU1n'Ot71Tu f'op. 'Oftoch befcna. ..,u,J.lai4t
fÞtt'" Jl,""
"'I
.,..k
I' "
.1. '0\1::\11 mp1'\11 \11 f\ft 'Oa mU\11'01::\f1. merca1' a cer;ol foft
'Opoch bercna."",,-,J.:c
1. b 4., D 1'1>J-/v c. C ç
r-
Z,9Ç
) elft1\) 1}lat:ham 1 ta1 t:h mmcne. I u. .
I"
0.",,: c -; c 7 t c.:.-. l ""'!c"'-" c.
.1.1]1ara t'en cp.r;mmn'Onpe upna'Oma, OCU1'f\11e ce,t1 maCl1,
,,",Ol..,t. Q..flll,,
or c. '\o'n'Lt. Q"nI-f.
r..
O'D. 1990. '1' nO\11'O aft '00 {m '01ba'O}I 111<< {;m{; metc, '1' 'Oa {;p\an '00
.....l 7 ......ið. t ^
na macmb, OCl1r^i'p\an 'Opne. oLo
c
+c. '6 ""'Cc 7 C r-i6C C<<>'c.
"mara. rep a'Oalt:;nw5\ l1pna'Oma, OCl1r pne cen maCl1,
"t..J..(.. t!=t
t. 7
t......{,t
II'-
zJ r;n\
n 1>pp- an'O, OCl1r 'Oa quan 'Ob1nei OCl11' ma {;a1ti me\c, '1'
"c d"
c...\'r,
'" c
,...
flomon a p '00. ' -.;. "
A......
10
"!!: ",;,
"
7 t
1 An 'adall,'ach '-u:oman of conl,.acr.-This would appear to have been a woman
not a first ".ife, but living as wife with a man, on certain conditions. Frequent
mention of rer
Qns occl1prin
this position is found in the Ðrchon Laws,
THE BOOK OF AICILL.
397
respecting theft, and if it were false Bwearing respecting THI!: BOOK:
bargain or contract, it is a case of compensation only. AI
Ll_
Double and honour-price aJ'e d1M for the falsehood in a
case of bargain or contract, or of pledge aud hostage. And,
accurding to oth rs, it is dou ble only for falsehood in a
case of bargain or contract; and seven' cumhals' (If' smacht '-
tine and his own full honour-price for false swearing respect-
ing an article of much value against men of high degree;
and half seven' cumhals' of' smacht '-fine and his own full
honour-price for false swearing respecting an article of much
value against men of low degree.
AnotÌ1er version: as to an article of little value take?'!,
from (l, pkce outside a precinct, one-seventh of honor price is
due for it, to everyone. Full testimony is nquÚ.ed to prove
that it was falsehood he s'u;ore respecting an article of little
value outside a green; and half one-seventh of honour-price
is due for saying" it is a lie he swore," without testimony.
If there be full testimony to impugn him from the cw,e of
an article of little value upwards, full honour-price is due
to him for saying "it is a lie;" without testimony, it (the
penalty) is half honour-price.
If it is respecting an article of little value stolen from a
house, he is impugned, he has half honour-price for it; if he
says" it is a lie," without testimony, it (the penalty) Ì:! one-
fourth of honour-price.
Shelter to the family member for bad I bescna '
compacts.
That is shelter to the man by his family, who uses language
dangerous to ' besena '-relations.'
'" y
r. - '"
n
The mother crotams the 'rath -pOftion of the WIlS. &..-J..<. , >)-
That is, if he be the husband of a first wife of contract, and
the family is without sons, the property is to be divided
in Ì\\ o. If there be sons, two-thirds [}O to the 80ns, and one-
third to the family.
If he be a man living with a an adaltrach'-woman of aIr. Of.
contract,' and the family is without Bons, one-third of tlw
p1.uperty goes to the man in this case, and two-thirds to
the family; and if there arc sons, it is to be divided in two.
"
398 '-p-B""
THE BOOE
OF
AICILL.
Lebap. mete.
t
c.. ...i ðF C- a.,;"lt:tie C
c
...fan
I q.2
llm
r am 'Opt}.cf
ab:;p
",q,rJla
t:!:1
<:
ump nach 111'011'Snn lebal1? h
at' -.:;aba'1, 0
\11. ee'!:;mm11'O- -
....
c..t, ...t t o(,
qfl:W!,(,C"' ..,;.Þ_
'!:;sps unn a-om a ;. re11'e'O 1maflcpam ro:;a '00 1la macmb cm:;-
r. n.\IT1t
C ." '" t-
e
mum'O'!:;\1}e upna'Oma fse
et}_ee'!:;ml.l111'Onr.6 upna'Oma; C0111
""h
le.c- C. C./'Yf\(v ,.
fÇJ:(J'
. civ t NÞj C. roo
G
,- no 'OS1f\'06, cemcro 1'S\1'e'O \maflcfl
'00 be1,!:; '00 macwb
<rnalt:fla1È1 urna'Oma rsë
sp a'Oal'!:;pa151 uflna'Oma.
G-'.i""
fý
Jo/
' 1625.
,C, ;ff r.
[Cm ce'Cmumn'C1f1.1 rojt m
eu 7ftt.
c.
c "',;;
C
.1. Ce'Omu11mnl1 ullna'Oma, co macmtJ; 'Oa qu.a!! a cmarõ
fill! a m@a1tí, aon. '!:;.J]!aIl rQn a pne.
b [ _c ] c.-.t,. t .,
0'D.1993. 10 "'Cha m era mac '00 cs'Otnmnnnfl,ocu}' r!LC m uc 'Of:Eill.
1apX\!!, flU11!la1,!:; U Ct! lII1'Ò s'!:;
a 1 n'Oé, aè'!:; r
W
11) '01fDf:9-11-
Cp ((11) f:QJ} m
c 11a cê'i:>ìnú111,!:;111S; otu1' \1' 611"1)e b
s1' 'Oo1' om
a fine. Ocu1' 'r
c fll1ena1Ëe1' a1' 111 \!!!U'O c11l(1) \CU]' eeclm;w
'Os f:o lsre; , manab man!]. mro:;hgw. 'OO1tí, oeu1' 111 p31P1) a'!:;g
I
\'!:;
1 m l et ocur a11 t:ma.TI; ocuf b\1) aml((11) f11} Ct1) mann
ii,t-C
ma'!:;hÇ!!ll 'Ootb.] C
c-.,.
'J'b l,!q4'
Cð t"" c.
c êi
(Ub!;) ma1'a.J
r eS'!:;Tc. tn11 'Onfls
oæwt, oeu1'
1fIS Ce1) macu, qu
11 om ((1'0 'Of:tp ann, OCU}' re nomm'O 'Opne. Cen macu 1'ttl ;
ocur, mu '!:;w'!:; 1I1tC, CStf:Ju 110m((1'O '00 macwb, OCU1' CU1e
I)' oJ. L do f/
... "" .... l ..
:c110m((1'O 'Of:ms, s'!:; OCU1' Ls'!:; noma'O 'Opne, Let: cStlmot:a 6t:
noma'O '00 11luc((1b.
ma}'a fep a'Oalt:pw5' foæwl, OCUf pn6 csn macu, '1' 'Oa
noma'O 'OPfl, ocu1' 1'eèt: 110m ((1'0 'Opne>
Csn macu 1"n; oJ':J1'
ma t:mt: mtC, '1' t:fl1 nomam '00 mac((1b, ocu1' t:Jl1 110maro
1<"'Opne.
THE BOOK OF AlCILL.
399
'Whence is derived the third which is due to the man THE BOOK
living with the 'adaltrach' -woman of contract, as no book AI
LL.
tells it 1 It is derived from (t c01ìtpa7'ison with the sha7'c
of the husband of the first wife of contract; there is a sixth
more given to the sons of the first wife of contract than to
the husband of the first wife of contra;ct; it is right from
this, that the son
of the' adaltrach '-woman of contract
should have a sixth more than the man who lives with the
, adaltrach '-woman of contract.
The liability of the first wife is to be on he? sons,
&c.
That is, the first wife of contract, with sons; two-thirds of
her liability are to be on her sons, one-third on her family.
If she brought forth a son for a first husband first, and
brought forth a son for another man afterwards, they
(the so ItS) divide her liabilities in two between them, but
there is an excess of one-sixth upon the son of the first
husÇ.,and; and this is taken by him off the family of the
mother. And what exonerates the family from the whole
of the liabilities is what each of them (the sons) pays
separately, if their mother be not the same, and the sixth
which is between the one-half and the one-third; and this
is the case though their mother is the same.
If he be the husband of a first wife of abduction, and the
family be without sons, three-ninths a7'e allotted to the
husband in this case, and six-ninths to the family. This is
when they are without sons; but if there are sons, lour-ninths
w.e th1'Own upon the sons, and five-ninths upon the family,
i.e. one-half, anù a half-ninth upon the family, and one-half,
except a half-ninth upon the sons.
If he be a man living with an 'adaltrach '-woman of
abduction, and the family be without sons, two-ninths are
allotted to the man, and seven-ninths to the family. This
wlæn tlLey are without sons; but if there be sons, it
is three-ninths that a7'e allotted to the sons, and three-
ninths to the family, and the ?'cmaining tlu'ee-ninths to the
man.
THE BOOK:
OF
AU'ILL.
400 Leba]1, mete.
1dLWr-
iA tu1\' Jc
C. Wl-1
'Cettmf; Im'Oa '00 n1t:er 'Oon 'Olbo'O r'rono re t:ermmfln
rom ct01n"01 re r01f1e nm:hor, no 11e t:ecmmr11l 1'<11118 u11-
no"Omo 11e hoen at:hmr, cema"O Inan"O ctonn. 11' e roT or
a l1l>ernt:Or fin, 111 cut:rumo berOH:; mlc cm::ml11n"Onr'
s urno'Omo, corub a tet; bermt; pne; oCllr 111 cllq1uma
ber01t; pne, corob a tei; ber01t; me1C o'OOlt:rm;C;1 up.-
no"Omo; ocur In CUt;rUmo ber01t; mlc 0'OOlt;r01E1 urno'Omo,
'1' 0 lei; berUf 1'er 0"0011:;1'0151 urno'Omo; ocuf In cut;ruma
be11uf
ep. o"OOh,P.01'S' up.na"Omo, cur a lei; ber01t; me1C
/0 a'Oolt;p.m51 1'OX011; In cur-rum a bep.mt; melc a"Oot-Cr015'
1'oxml, cup. a lei; bep.uf 1'ep. 0l>alt;p.m51 1'oxmt.
ße flonna '00 'Oenum 'Oon '01bo'O, ocur cerrp., ranna, ocu1'
oët; 11011'00, ocul' 1Ioe 1lO11na, ocur l>elë p.Ollna, ocur oen
rOnl1 "Oec.
/. OClJl' caë U01P. '1' re ranl1o, cerr,p., }lonna '00 mocmb
cet;mU1IIl>t:11 11 u1 1110 'Oma, ocur '00 rU1II'O 'Opne, ocur )1Oln'O
'Opp. 0'OOlq10151 up.l1o'Omo.
Coch ump. If OCt; ronna, cSli;rl flot1no '00 mocmb cet;-
C.1628. mU\1I"OL're Urnal>IIIU, ["OU) runna 'Opne, ocul' '00 P.01t1l> '00
D mocUlb u'Oult;p.mE' urlla'Oma.
Cach ump. '1' noe }lonno, '1' a mb,i; am01l O"Oubp.amop.
flom01 nl>, OCt; 1'ep. CUCUt;; coch UUIP. '1' nae flanna, moc
0'OOlqlU1E1 111
oxU11 CUCOt;.
c. 1621.
Coch umr '1' oel1 p.ann 'Oec, [Ce1tr'] p.anna '01b '00 maC01b
,
Cet;mU1n'OL1p.e urp.no"Oma, oCllf l>a tWl1n 'Opl1e. OCUt' '00
p.ann '00 mucU1b u"OUlq1U151 1'C1xml, ocu1' tlOlln 'DPtl1'OX01l;
[oCUf '00 P.01l11 '00 macmb a-oalt;l'01t' ur1Iu'Omu]. Ocuf
ce t;ommt;ep. 111 11e [veJl] Cet;mU1n'Ot;ep.e, no 0'Oolt;r 01 5 1
C.1G28.
C.1G28.
q
IS;:;: partø are made of the p,'oPt,.t9.-In C. IG27, &c., the divisions are said to
be five, and .even, and eight, and nine, and eleven. The numerals, which are
nearly all wrong in E. 3-5, O'D. 1486, are there correct tbrou,bout.
THE nOOK OF .\ICILJ .
401
:\lan:r family distributions R are made of the property here THE Doow::
by the accident of different children by diticn:llt fathers, or All
::L.
by the accident of llitierent contracts" ith the one father,
though the children be the same. The reasun this is dune
is, of the proportion oj the Pl"Oputy which the sons of the first
wife of contract obtain, the family obtains the half; and
of the proportion which the family obtains, the sons of the
'adaltrach '-woman of contract obtain the one-half; and of
the proportion which the sons of the' adaltrach '-woman of
contract obtain, the man living with the' adaltrach '-woman
of contract obtains the half; and of the proportion which
the man living with the 'a(laltrach' -woman of contract
obtains, the sons of the 'adaltrach '-woman of abduction
obtain the half; and of the proportion which the sons of the
'adaltrach '-woman of abductiun oMain, the man living with
the' adaltrach '-woman of abduction obtains the half.
Six parts are made of the property,. and four parts, and
eight parts, and nine parts, and tell parts, and eleven
parts.
And whenever it is dieitlnl into six parts,2 four of these
parts are gÌL'en to tl)e sons of the first wife of contract, anò
two parts to the family, and one part to the man living with
the' adaltrach '-woman of cuntract.
Whenever it is diL'ided into eight parts, four parts go to the
sons of the fir:;t wife of contract, two parts 3 to the family, and
two parts to the sons of the 'adaltrach '-woman of contract.
Whenever it is divided i uto nine parts, they are to be
distriblded as we ha"e said befure, but the man is to be in-
cluded b ; whenever it is dit:iJ
d iutu nine parts, the son of b Ir. With
the' adaltrach'-woman of abduction is to be included.b you.
Whenever it is divided iato eleven parts, four parts ofthem
go to the SOil:; of the first wife of contract, and two parts to
the family, and two parts to the suns of the' adaltrach '-
woman of abduction, and one part to the man living with
the' adaltmch'-'lvu,nan of ablluction, and two parts to the
sons of the' adaltrach '-woman of contract. And though a
part be clôl.imeJ--
' the husband of the first wife, or of the
t Sir pm.tt.-The text is here e' ilientIy "rong, as it is c!ear from "\'Ihat follo\vs
tuat ther
must have heen a se,-cnfol<1 di, . .ion.
3 T/CO pa,.t3.-Thc )I
, E, :;-;j here Il.Is " 1Ì\'e part -:' "hi.-h ;" 1.1ainl
wron.;.
VuL. HI. ::! j)
a Ir. FClmi-
lit,S, 01-
hew.tl.&.
. 10 ?
)
402
èebof1 mete.
THE BOOK
01'
AICII.I.
r'll, ma -r;au,; me1C el1111, 1l0CO beJ1allj l1ac 111. Oeu1
III cm:;-
puma alja 'tIO ëta111't1
o;ra11, bppa1lj
o,rol ql1f111 u em::((c
ualja1b 'tI((1t;,b a 111't11151Ì'> ((11
11le belt 111(( ((1ljlLln 111
oxml;
ump. 'I' plr 'tIO èUa1't1 111enl1W III U'tla1r, cunw'tl mencu C11la
;- cénè mu 'tIlb(('tI ICe{ COnl11ml1't1; Ua111111 lj1 po bef<(('tI pmm
mor '0011 'tI1be("O po 1c
a'tl rann mop. 'lion CI11U1'O.
OCllr In cllqU1111(( berUf
o;wl T1011 HC!111'O
OXC!11, r eëlj
ral1l1(( 'tIO 'tIeI1U111 'tiE', cerrrl ral1l1u 'tIO macmb CPL111l1111't1-
ljlpe Url1(("Oma, ocur 'tIa P((11H) 'tI
I11e, ocur pal1l1 'tI
111 a'tlul-
,CJ t::)1<<15' up.1lCrDma.
111 dUl1n 'tIO 5el1lj((jt 1l", co 1IIbf'i' coc1II((ëu( Luhm
111 PI1
pe 'tIl1Ee1'> co cel1't1 11111' ((1' a ((1(':.lp, '1' C!11 nTl11p 'tI
lr 110
'tIr'ne; oCUf all a rof:a mja 111 pac
alj no 11[( p.ac
((lj. Ocur
'tIa racalj, 110CO nup.mlel111 'tIl1Ee1'> opp.Or61C a 11elc mal1ab
IS wlleo rell1.
111 dal1n 'tIO 5enlja111Uj1f an mil' noco 'tIlfalj up. tlj111m'tlm
11't1115tlj::; ocuf '1' 1((lj 1'11111' dan'tl cennt1111't1ljl11e
OXa11 al1l1,
110 a-oalqla151
OXU1l.
111 clal1'O 'tIO Eem::a1l 1ap11a naCljQ111 ap tlIltW1T111l tI'tIlrS-
:lDljI5, '1' 1((lj r'll '1' clUJI'{) ccnnt1111'OL: e lle '0115iTse, 110 (("O((l-
qla1ÈI 'tIl1ï;tIÈe.
111 ara C111 oClif 'tI1 ba'O t111 ((11'0, oellr clUI111 co'Onaè ocu1'
elul111 eco'tl1Hlè, 111 'tIlba'O 'tIO 'Ou111'1n e1nU1't1.
mura mo 111 CII1 111a In 711ha1'>, '1' a Ie 'tI011 HC!111'O eo'Ona1f;,
2JOeUr'C\llj 111 dUl111 eeco'Onaë 11111 1u)l'Omn; 110 'tIono ëena, co
na 1eLmr 'tIO E)ler, Um)l1r I a I1CCeO-oI1U1't1eLU 110 rocp. 1<<lj
ur'tlUr.
mara mo 111 C11l1na In 'tIlba-o, 110 mara 'tI1ba-o een C111a1"O,
If a COnl1WIl1"O 'tIó1b e-cup)lu, oeur If euqlt1ma bellU1lj clal111
;'0 cO"Ol1aë ocur clanl1 eeco"Ol1ac elrelC.
I Ret'c. pru.f
.-C. l(j2!). h"s eight part!', of which t" 0 arc to be ginn to the
'''liS of the' adaltraeh '-woman of con trill'!.
TIlE DOOK OF AICILT.. 403
,---------- -
, adaltrach '-woman'
han cret nothin;--if there be sons. 'Tm: Boolt
, 0 c
- uF
And us to the portion which is due to the chtldtcIÏ of tlw AICILL,
'adalt/'ach '-u'OTlwn of abduction, the abductQ\' s}udl ge t a
fr...hd
third of their share from them, to avenge their illegal conduct
upon the family for having been cogninnt of the abduction;
for the idea of the author of tit is law was this: that the kIr.IIICfU
, u:ilh thi.
liabilities of all were more frequently divided than the the mind
property; for the person who should get a large share of !::::..
the property should pay a large share of the liability. weill.
And the portion of which the abduction deprives the
chihlren of the abduction is to be divided into seven parts,1
of which four parts go to the sons of the fh'st wife of contract,
and two part:.; to the family, and one part to the man living
with the' adaltrach' -woman of contract.
The children that are begotten by them, while there is
power to force the man to law, to the end of a month after it
(the abllHA
tion), belong by right to the man or to the family;
and it is in their choice whether they will sell or not sell
them. And if they sell them it i-s of choice, few the law does
not oblige them to sell them if they do not wish it themselves.
The children that are begotten after the month do not
come under lawful contract; aIlll these are styled "the
children of a fir::;t wife of abduction" or " of an 'adaltrach'-
woman of abduction."
ls to the chilt1ren that are begotten after she has come
under lawful contract, it is they that are styled" the children
of a first lawful wife," or "of a first lawful' adaltrach'-woman "
If there be liability and property, and children 'ldw w'e
sen"ible adults, and children 'lv/w U1'e infants, the property
shall í!0 in payment ofb the liability. b Ir. in.
If the liability exceed the property, it is to be paid by
the children 'lvlw w.e sensible adults, and the infant children
shall pay them their share afterwards; or, indeed, llS SOllie
71J/Ú ntni n, they should never p..y them, fur it was their
state of infancy that exempted them at first.
If the liability exceed" the property, or ifit be property free
from liability, they are to divide it equally between them, and
the adult children an.-l infant children obtain equal shares.
VOL. III.
D
404
Lebap. mete.
If! Ilt8' 4
Tm: DooR 111(( -ca I11flC al1l1, noco b6111en1) 111 111Ff'11 [11; 'Do] 'Dlbat> a
OF
AICUI.. I1WL:h(l!l 110 adwJ1, a!;L: 1((1111, oeur 11((1111, Ocur bJ1P;S1)((; 110
c . 1(j2
. com(1) Cmr'F ocur ct,011((; 110 1)ono, COm((1) 11(( r CU I'[;1 1)0
C01ll1l(1111) 1)olb ; Ocur '1' ((1' Eubmfl 611' 6111 . fl al1 1)an:; 111Ee11u
.< fll1 macu.
C Ib
Ð Ln..)
tî1a nm:; 1115611((1)1 1111' 111 fer ro maJ1b hI, oCllr I11Eel1a
1)1 Jle fer wle, CUlnE (( h m::h all, Ocur let; CUlL: pne 1)0 hpelt;
'D111Eef\wb 111 pr 0 l1a maph hI, OCU1' leiS CUlL: pl1e 1)0 bI 161 t;
1)lnE61Wlb 111 ppmle; ocu1' !::1:ebwt:e 011rO cen a hpOI11)a1)
" 1 nln1)el-ChI111Ur, Ocur 1m (( mreë úarr;lb 1((pr al1 pe.
t Q.,
111a L:(m:; 1115e11a 1)1 PI1"11 fell 0 11((1) mapb hI, OCllf 111
fUl 1 1nFel1(( 1)1 pe p
p ((11e, CUlns ((L:h(ql oeur tei; CUlL: pne
'DO bpeliS 1)11lEeI1W b 1n f1P 0 l1(1) mallb h1.
n1a '{"((IL: 1115611a 1)1 fllr In fell 0 n((1) mapb hI, ocur m('1C
,.,--011111' III fep mte, 111 cllqulma po bel1a1)rUmJ<. ap n61mbel'ë
dmn1)1 mCI, copub e1) bepmL: na 1I1Een((.
Clh3'Z/J-)
b wb 1"'O 'D1P.t t:UtU;e^ 'MJv d.v elM., t6 ()oI M--N.v !l
It Ilb3f-
.1. CI1) 11(("(;a1), CI1) fOch(1)e L:((1111C ap m5 ' 1) a ae11up11'11l
'C111(51)at((, 1)0 l1eO!; 11(( L:m1l1C 1 neUac na 1){{1111e 1161C mle,
o Ocur l1a L:W1l1C fO -comur 1)Ulne upp1)atL:a, '1' In l1aenma1)
1 1ann pchlL: 1)(( enectmnl1 1)0 1
O_11}a_'pQ.1 111a p((1) l1m r e .
elA
1Jv
111ara l1eUe!; 1)((1 me 11e1!; 011e, 110CO 11I11t 111 1)0 P'I11; Ocur
aL:a 111 ael1m((1) pan1) pc1l1L: 1)a enectml111 1)0 L:((1réë 11((
1)ltlme.
ð 111ar fO -Com II l' 1)11111e t'1l'OatL:(( L:((I1CaL:Up, 110CO I1l11t 111
'D01b1'1 UI11 an1); oeur m:;a 111 naenm(1) J1m11l pchlL: 1)011 L:1 fO
1 lfthert bt a 80n. Th:s i, given <oTr.PÇ\'hat diEerent1
. in O'D. 1!J9G & C. 1(j
!).
2 And seeu,,;',. For "!:!'{'bmrp" 0'1)., 1996, reat's "c o1fu ;;e."
TIlE nOOK OF AICILY..
40;)
If there be a son,l the dau
hter does not obtain any part TilE BOOK
of the property of her moth!'r or father, except the blade nf AI
LL.
gold, and the silver thread, and the t.'utan cloth; or, aCG(ll"(l-
ing to ot/tel.s, it may be the sheep and the bag she is to get;
or, indeed, according to otltel's, they may divide equally the
movable property; and this is derive,l from: "the daughters
share with the sons."
If she has daughters by the husband with whom she died,
and daughters by another husband. the share of her father,
and half the share of the family shall he ohtained by the
daughters of the husband with w hom
he died, and half the
share of the family shall be obtained hy the daughters of
the other husband; and security! is to be !liecn hy them not ->?
? ..;", ;,t QM/"/V-1
to dtumge it unnecessarily, and to return it after the time. 6--- .-.,
If she has daughters by the husband with whom she died,
and has not daughters by another husband, the share of the
father and half the share of the family shall be taken by the
daughters of the hu
band with whom she died.
If she has daughters by the husband with whom she
died, and sons by the other husband, they shall obtain cliHal
shares. Y. she has not had mrtle children, the daughters
shall take it (the 1J}'OpCl.ty).
1I.A-
4L)
<t
M12-0
Ik.r
wWlþ-
They take the' Jire'-fine of the hill of meeting.
That is, whether one person, or many Came to t}p hill of
meeting, before him (a p}.iâleged ]1eJ"ðon 'lclw '/!'as) alone, and
did not come in the train of the company of another pers,on.
and did not come under the guidance of a certain person, the
one and twentieth part of his honor-price is dlle to him for (lL tiind .' )
any quarrel in his presence.
If he cronp in the train of the company of another person,
there is nothing dae to himself; but the one anll twentieth
part of his honor-price is due to the chief of the company.
If they eame under the guidancc of a certain persun,3 there
is nuthing d lie to themsclYCs for it (the vllence); but the oue
and twentieth part of honor-price is doe to the person under
. Tfce ,quiJa>lct of a ct,.'ain p
r8Jn. 'The paragraph is thus gÏ\-en in C. IG33.
.. If it was under the guidance of a cerlain persun, nOlhin;; is due to an
. mall uf
them, except the person umler whose glli,lanee th'r came, a::ld the OliC and
tw _util th of hi
0\':\
lÜn 'l"-j,,;icc Î;:, ,tat' 1" hi.n."'
,
;
f
t l
h ö
40G
Cebff)t melt-'.
'f1IF: nOOK t:;a11Cm:; a r r0111 U 1', a tei; '00
e111, OCur a tei; '00 <:;wreëmb 11a
t}F
AlClu.. 'Oa1111e; OClir C0111ICa1<:; e'Ga}1pll n(( <:;a1}'1); '0((111 1'0 C0111m}1'01
no 1'0 tei:U1l"'OI. Ocur \11 CUQll\111a 110 rmch '00 each 'Gmr ech
'O({1111e, a tei; '00 1'C111, OClir (( let '0(( 'OmTll ; OCU1' c((ë ae11 '0((
ð 'Om111 na pl1t a11n, '1' a ëU1<:; '00 bP,61i; 'OOrU111, U((11 1 '1' e po
ber(('O a ëU1l:1È
J1
((bUI11e.
().,
1n ((cn <:;IE 110 11111((e11 wrec'G r'n co 11mCr'11 no cen wcr m ;
110 cen co 1'((CWE, 111 rmbl '00 L1E' 'Owne 110 '01111C1((n C)uël
emrruX'111 11a T'a1cT'e'O co mb\i; ((1i;'E\1) Or110
m
tA)
tW,Q,
Ie> t11a 110 bl '00 'GIÈI 'OW11e 110 'OlmCI(111 Cr'C\ 6'G((1111U 111 11((
T'((1c1'e7) co mbli; Wtl
\1) orro,ocuf 111((15 e11 1"11; ocur ma
'):'((cm'O, ocu1' \1' 1mI' 111 '):'era1111, 110 111a rec<:;((r m((1E'11, ocuI'
a<:;C011'Omc, CI'O 1mI' ce11 cob tmr \1l 1'er((I111, '1' a tet 110111((1)
11((l1n p elm:;,
r 111(( rec'Gar mmE111, ocur 111 '):'acm'O, ocur If 1mI' 111
'):'er cml1 , \1' 111 n0111c('O 11m111 na 1wel1111a'O IW11l'01 pchn:.
Caë 11((\11n(( '):'((C((1'O, OCur \1at t((1r 111 1'e11a11'O, Cl'O 111((1'5 111
Cl'O reC'Gar 111m5111, 110CO 1Hl1t 111 ((nn.
Com e1 115 ' 1'\11, OCur mar 1'OEwt 11' mo 11a comelr5" 111
:lol:m11mpml1'O\ 'Oa e11ecta111'O 1'el11 m;a 'Oon L1 11.11' a \1'O e I111a'O
111 1'05ml, cor((b e \11 <:;ml1111}1m11'OI}'111 bel' '0011 L111111'O e r 1 ](('O
pm:)1l((1r e . Come1115' 11e 111'O\trec; ocur Ce111a'Oltere<:;a}111U
bO'Oe111, ocur 0 ce11'Owb, ocur 0 cmb'Oetacmb, L)1e 1' u1 1 11 )11U'O
C0111(!1 1 'Omi:\ Clle'O 111 U((lr 1'\11, 110CO mO\<:;e '1' 'O lte r{Ð'):'1(('Õ-
:S"11 m r e . 0 &JJ c.. (L
J
111 Ú ,rl(( 1'ulfllfl\u'O bl ['0 ]b a11U1.1' ra,)m'Gec'Gm;5, amU1t bu
'011el
e<:;arru 1'6111 ocur 0 ce11'Omb, ocuf 0 cO\b'Oetacmb, '1'
a1111(1) '00 0 luch<:; \1a 1'1a'Oncur e .
111 (( ro ba 'Oller '0011 'Oara 'Oe ocuf 111'Oler 'Oa 11 m le, r 1a11
:>" '0011 L1 'Oar bu '011,U1', ocur pach c0111elPE' 011 'Gl 'Oar bu
1 Pay .t.-For "COm1Calt;" of the lIIS., Dr. O'Donovan su
gested "coml'an-
nmt:, they divide."
. A nine and hccntietk part qf TtoflQ'l'-price. C. 1 G::J3. has "the one antI twentieth
part."
THE BonK OJ.' .\lCILL
40i
wlwse guiùance they came, one-half of it to himself, and one- TilE BOOK
halfto the chiefs ofthe company; and the chiefs of companies AI
I
L.
pay it l arnon:; them equally or unequally accvl'Clill[! to theÏl'
rank. And vf th!' portion" hich comes to each chief of a
company, one-half belongs to himself, and one-half to his
company; and he takes the share of ewry one of his company
who is not present, because it is he that should take upon
him his (the absent man'
) share of guarantee.
This is in one house or at one meeting when he (the
7rivi-
lege(T person) saw them, or did not see them; or though he
did not see them, there was not such closeness of men or
distance of land between them that he could not see so as to )?
recognise them.
If there was such closeness of men or distance of land
between them that he could not see so as to recognise them,
and this within the precinct; and if he saw, and the land is
his, or if it be outside the precinct, and he saw, whether tlle
land be his or not, it (the fine) i'l half of a nine and twentieth
part of honm.-price. 2
If it be outside the precinct, anù he did not see, and the land
is his, it (the fine,) is the ninth part ofthe one and twentieth.
,rhenever he did not see, and the land is not his, whether
n:ithin precinct or outside preciuct, there is nothing d
'e to
hi1n in the case.
This is in a case of opposition, and if it be injury greater
than opposition, the proportion of his own honor-price,
which is due to the person to whom the injury was done, is the
proportion that wiII be d1te to the person in whose presence
it was done. Thi.r; is opposition to an unlawful person;
and though it should be lawftil betwecn themselves, and
from chiefs, and from kinsmen, in consequence of a balancing
of wounùs at that time, it is not the more lawful in the
pre.ence. 3
If it was in consequence of previous enmity the offence
'leas caln71âtted, as it would be lawful between themselves,
and from chief::;, and from kinsmen, it would be so from those
in the presence.
If it was lawful to the one and unlawful to the other, the
person to .whom it was lawful is exempt, anù fine for
3 In the pre..nce.-For .. a pIl'tlnmre," Dr. O'Donovan 8uggested "ó tuë1j
paimmre"; aml for" f\a 1111
('ënn5" of the next line .. f\elm
eènn5."
408
Lebap. a,cte.
TilE ROOK 1tl" ote r; ate mun bu'D e a pecpa cl1pub 'Da 'D1ëup 'De 'DO p1n'De
OF
AICII.L. 1n 61P51, ocur mar e'D, [lrtan 'DO].
c. 1635.
"" C 163 t-í Q )
1n t;erCup, 0 'DO
ena mrpenn ocur cel1ebpa'D 1J'1n t;ulm5
'Dala, m::a reCt;ma'D nenctmn'De 'DO 1 comeIP'S' 'DO 'Denum
S 1nn CO cenn mIl', ma 'DO p111e 1m:: map aen, no CO cenn 'Deë-
mm'D1, mana 'Depna act; neët;ap 'De.
W
9v M-
D..
C. 2337. [Feap,ler\F11.1f011\5 p.eëm 1101'S, teba tetan ta cOETwnn
t11t. ft11'Òe.
.1. la cwttp111l1rsa'Ò 61pC ap na 1111. mna'Òa aflx nrsa bw'Ò
'0 ;)0. Slulnnt;ep, ua'Òa na n61pe 1111. t;1'E;1 .1. mrned'reep ua'Òa,
o neolaë, 11a po hepa'Ò e ar UtI. ntl pn bla'Ò 'DO. "001'11 'DW
buna bpI5t;ap, 'DOret; lam a lmm.
; Ib
S'lt\}.,)
C II'
111ara leba 'DaellCel1e ImollpO, ocur bwt;ha wp n'Dellam
clnm'Ò, ocur nera leba ann 11(( pli=;, 5abi:ap cubur uai:a 11m
lan m011lfetf1P oCUf um U1'. cumata, ocul' um UtI. lei:paèh-
mù; ocur Ica leba letpaë 'Dlb amac, ocur Ica 1111. cumala
ocur r e letrwchmb pe PIF;. Ocur an t;an t;IC clnt;aë pe
'D115e'D, 1ca lan paë pe PIE, ocur 5'n 111 pe leba.
t 25S"
mara bwt;ha pw n'Denam cl11na, ocUrraOllceltr1ne, ocur
20 a nuppa'Òur, 5((bt;ap C111Ù1t1t
U((1i:,Ù 1'1n lan an aenpp a
... ... .... (f Õ 1
na'D((1'S fect;; mar 'Desa a n'De5a, If 'DII1S' cac 1 'D eI S11lac'Dw
llmle.'1
mara bwia Wlln'Del1am c1l111a, oCl1f raopceltpl1e, ocuf
= tmV a nuppa'Òuf, Eabt::ap CIUÙpr u(fëmb 1IIle fl1.1..lan aenpp. a:
C. 1636. S'llaOll'Dreët; 1'1 11 ; mara 'De5a a n'De5((1'D,1;-r lei; an Clna fOP
cae feap].
nìara blm::ha'D p1(( l1'Denam Clna, oeur 'Daepc611rl11e, ocur
a nuppa'Òur, p,i;Eo m01Pf61rep,opllQ Utle a nael1fect;; ocur
mara 'De5(( a ll'DeE((1'Õ, '1' 'D111F((1 b
ac 'D61'Òlnuc. 110, lei; 111
, IIi! cl.ime! m.e (1djud.'/ed on 11/. ßeun hou,,,! in ,dlich he get! bed!,-Dr.
O'Donovan haq thus paraphra<e<l this yer)' ob"cure clause, "hicb appear. \0 mean
literally, "TIed extends" ilh the takin
of seven seats;" that is probably, the
j:::ving- a beel to a culprit ren(krs the parties giving it liable, until he has been enter-
tal1u."{ thu"l hi ..c'.rn h. U"'l":o-.
THÉ BOOK OF .\ICILL.
409
opposition is got from the person to whom it was unlawful; THE BoOI(
unless his answer was that it was to defend himself he made Al
7LL.
the opposition, and if it was, he is exempt.
The bishop, when he has made offering and celebration on
the hill of meeting. has the one-seventh of honor-price for
opposition being made to him on it to the end of a month,
if he has made both (oiJàing and celebmtion), or to the
end of ten days, if he made only one of them.
....ls to a man who violates the king's laws, his crimes
are adjudged on the seven houses in which he gets beds. 1
That is, the 'eric'-fine is adjudged to be on the seven places
where food was given to him. It is told by him that the
seven houses did not refuse him; i.e., it is told by him, by the
man who knew, that he wac; not refused in seven houses 2 with-
out food being given to him. He incurs a :fine, on whose family
it (the cl.ime) is proved; "hand has in charge from hand."
But if it be the bed of a' daer'-tenant, and he was fed" after k Jr. Feed-
committing crime, and " bed is nearer in the case than king," Iß!l.
it (the' ej'ic' -fine) shall be got equaHy fl.om tLem 3 to the
amount of the full fine of seven persons, and seven 'cumhals',
and seven half-fines; and the bed shall pay one-half fine of
them out, and shall pay seven 'cumhals ' and six half-fines to
the king. And when the criminal submits to law, he shall
pay full fine to the king, and there is nothing for bed.
If it was feeding before the commission of crime, and
'saer. -tenancy, and in 'un'udhus' -law, equal proportions are
got from them for the full.fine of the one man for a night's
lodging; if in succession, it is H case of, "each last person
[
J
ts the rest."
If it was feeding after commission of crime, and 'saer'-
tenancy, and in 'urrudhus'-law, equal proportions are got
from them an for the fullfine of one man. This is altogether;
if in succession, it is half the liability that falls on each m:m.
If it was feeding before commission of crime, and' daer'-
tenancy, and in 'uITuJhus'-law, it (the.fine) runs to seven
persons, upon them all at once; and if it be in succession,
"each last person protects," &c. Or, (teem'ding to some, half
I fl. ðeven hnwes.-The text is defect in' here, and the meaning of the whole
para
raph obscure.
D E pmll!! f.-om tl,tm.- -That is, I.yied on them in equal proportion..
u
LZ
,.. rA<Jv
?"'"
rMv
W1rttt
t 11139
410
Lebcqt mete.
CÙI
.
Ii
l?")
t-1b3b (ei)
Till!: BOOK c1Ila ap 'Sac renp a cmn; 110, let:; an CIIl<< nama 111((} ,
AI
:;'L. a l1t1ppa'Õ tl r. 1-10 'Ono cena. CI'Õ rael1C1lr1ne CI'Õ 'Oae}1Cell-
pne, CI1) bW'Gha'O pw n'Oenwn CI'Õ bwdw'O wl1 n'Oenam
Clna, CI1) a cwn CI1) a ntlPI1(1)Ur, CI'Õ uata CI'O rachm'Oe, EO
- I1Eab'Gap cmber l1at:;mû mte um lan ael1pp a l1uen1'ec'G,
mal1 a 'Oelp 1'0: uml1 CI1) "''01I1ble05nnwb LlI' a 111na
v
cma'Ga$ Eabap cU1bel' ua'Ghwb UI11 lan cln'GalÈ.
marabw'Gha'Owp'Oenam clna,'Oaepcellpne, OCl1r a 11l1P-
pa'Õur, pIt:; EO mOlprelreap oppa tl11e a l1aefiac'G; ocurmara
I" 'OeEia a l1'OeÈW1), '1' let an Clna rop Eac reap.
mara b1ro:;ha'O p1a l1'Oenal11 cma, C1'Õ faepcellpne CI1)
'OaepCellrlne, ocur a cana, 1ut EO tl101prelreap oppa U11e
a naenreac'G, oCUJ' 111((}' 'OeEa a n'Oe5U1'Õ, '1' 'DlnEWb 'Sac
'DelÈlnac 'DW palle.
mara blro:;h(1) wp l1'Oenanl Clna, CI-5 raepcelpne CI'O
'DaepceI1rlne, Ocur (( CUl1a, '1' 111t EO mOIP1'elrea}1 oppa
u1lea naenrec'G; OCl1r 11wfa 'OeÈa a n'DeÈm'Õ, '1' let:; 111 Clna
rop Eac reap.
ci-.
If'
' 1:1
Cpe'D '00 m 1'aon leEach -5e, ocur cpe'O 'DO m UP1'05pac?
:to 1re-5 '00 t11 raonleÈ.xl: 'Oe, Ean 'Gwc'GU1n]1e 'Ol1se-5 copura
pne. 1re'D 'DO E111,up
oEpaë i>e, an nnble?pan,1f nera'Dc{
OS}1((.] '>W
WltrUlv
".
.,.,.Jv
iJvf
7114'
+ o..U ell/57
b,tep C01nrtec
((1b^
C.2506f .1. apm ac In co'Ona<';, octlr co'Onac ac 1n necco'Onaë,
z.Jluc'G manl:ume ac In uaral, ['Gpm;h OCl11' eat'EU1pe lIb In
cOIn]. ope1m Wpl11 'Seiber caë 111 'Olb 1'111 1 lelt:; pe conmb.
CedlpU1I11Vt ap fcm; apm acon co'Onac, ocur ced1p.U1mt:;1 ap
fcat 'Gop.ba, OCl1f ce'Ghpl11l11tl ap fcat 'Gp.m; acon com, OCl1f
ce'Ghp.U1mt:;1 a}1 fcat e1'CU1pe.
:
.
;1.1.
:' 111ara cu co qwi; co nerCa1}1e, cu lan 'D115i;eë '1'6111, lei;
it. 'hwMv '>.,t('tr
'i'IIE UOOK 01<' AICILl..
411
the lia1ilityis on each Ulan in 'cain'-Iaw; or, acconling toTØF: DOOlt
OF
others, half the liability only if it be in ' urrudhus' -law. Or AICILL.
else, indeed. accO/'lli II!] to othc1.s, whether in' saer' -tenancy
or in 'daer' -tenancy, whether it '1/'((8 feeding before com-
mitting or feeding after committing crime, whether in
'cain' -law or in 'urrudhus' -law, whether one or many,
equal proportions are got from them all for the full fine
of one man at once, as this la-IV says: "For though it-bc
fur kin3mo
t. goes-fep. erimes.t e(Iual proportions are got
from them for the full fine of a guilty person.
Ifit was feeding after the commission of crime, and 'daer'-
tenancy, and in 'urrudhus'-law, it (the fine) runs to seven
persons, upon them all, at once; and if it be in succession, it
is half the liability that shall be upon each man.
If it was feeding before the commission of crime, whether
in'saer'-tenancy or in'daer'-tenancy, and in 'cain'-Iaw,
it (tlte fine) runs to seven persons, upon them all, at once;
and if it wac; in succession, it is a case of, "each last person
protects the rest."
If it was feeding after the commission of crime, whether
in' sacI" -tenancy or in' daer' -tenancy, and in 'cain' -law, it
(the-fine) runs to seven persons, upon them all, at once;
and if in succession, it is half the liability that shall be on
each man.
'What makes a vagabond of him, and what makes him a
proclaimed pernon 1 \Vhat makes a vagabond of him is, his
non-observance of the' corus-fine' -law. \Vhat makes a pro-
claimed person of him is, his nearest kiilsman proclaiming
him.
1Vhat is lawful
8poeting ditfef'e'tì t
oí-dggs.
That is, the 8ensi11<<:> adult has a weapon, the non-sensible
person a guardian&, the gentleman has servants, and the k !r. A sen-
d h . 1 t . E h f h 1 d 81ble adult,
og as tIme all( no ICe. ac 0 t ese, as regal"( s ogs, has
the effect of a weapon in tlte case of the sensible adult. The
sensible adult has one-fourth on account of a weapon, and
one-fourth on account of profit, and the dog has one-fourth
on a('
l)llllt of time, and one-fourth on account of notice.
If it be a dog which has b time and notice, it is a fully lawful b Jr. With.
41
tebalt mete.
TIlE BOOK uarëe Ifill t;011baë co nal1m, cerhrUl1mrl Uatt;e 'r 'n 'Lopbaè
OF
AICILL. cel1 al1m, 110 '1"11 nerbaë co l1apm; Irlal1 '00111 t;erpach
cell apm.
1TIara cu co t;pai'; cen erCa1pe, cu lei'; 'Olt5-ëeè hI; t;eopa
" cm:::hpt11m-(;, umit 'r'n "Copbaè co nap111, let 1'lach um-(;, 1p11
nerbaë cell al1m.
111ara CII CPIl L)l((t cell ercmpe he, '1' lan paè ua'O '1'111
t;011baë cu l1Cl)l111, "Ceopa cer11pulmn ucm 1}'11l t:opbaë cel1
((pm, no 'r'n IH'rbaè cu IWp111, ocur cei'pulmtt uarb 1}'11l
Ið nerbûè cen ((Pili.
C2
-o
111 CU T'op bClnlu)TS co rpublU1n]:; cell 110ma'O a rpub-
1amt:l, cu 'relll '1' t;eopa ce'Ghp1l1mrl 111'Olt;SI-Ð, ocur cet-
ll U1111f1 'OLIEI'O; 'Gl1lal1 ocur oè'Gma1) U(('O 'r'n to)lbaë cu
-- --
nap111, let; oèt;ma'O ucm '1"11 t;opbaë cell ((P111.
,-> 1 n cu 1'op bC(1JlOPE (.1. Uatl1 let; 'OLt
e-Ð all rCClt; bClIl-
ltl1pt:,) co 1'I1ublo115 co T'P0111(('O a r11UlblUI11P, OCur 111 cu
'f {)'It'tlt IO f o P't2. e j15 to P5 co flP l0111llaët; '1"11 cenU
OCur fOP eOëlllr l11
mClëatpè, - OCtl1' 111 CU pa'O((1E t;echt;a, OCllr 111 'GapcOIcm
C.2511. t;eë'Ga,oclIr 111 conbllClca1Ll t;echt;CI, ocur 111 CU apms 'Oo
CS{,?
lonoma'O clei: 011 'Oolu1r, [ocur tl1 cumUe cp1n CU((ë'OCI], ocu1'
1r1 cv {)if -r C.2511. 'Oopnn 1'O'G 111 ((1 1rt1 5
(11 Ila re1Jl!5, 0('111' 111 t;((cmmce'G ([
beOlL lal1 n5e, [no cOllmp -cãë111'Geë'Ga], OC11r 111 Cll CO 'G)1C1t;
co l1erCmpe, COlIl lCI11 'OLt511) U1le l1a C011l 1'111.
1n cu mp5H:::p)11110IlW'O clet Oll'OOpllr, OCllr 111 CU fCle111'Oll, Cl!!JI8'/lf
1 S 0CU)' 1n Cl1 CO t:)1crë cel1 ercm)1e, cOIn let 'OLI5'1) uILe 1]((
cOIn fill.
COIn '00 p11lret; rU
CI1L pia 'OClí1l1b <<11'01'111; OCU)' 'OC(1l1a
'Oml1e '00 l1élt; r05C11 L lua cOllen b, C1CI1I1ll'O pe Jlerba 110 pe
bec 'Oetd'.íl11lJr po bett: ((C 'Oul ap a111Ur 1n COil he, '1' C!JIlUlL
;
"Copbaë he ac "C1CIë-cenn UCI1'Ot.
111ana caemnacmp 'Oul on ë01Il lCl11 Itl'vlt5i:eè cal1 a
'it: ? ft'r iwrr "tV híJ.../v (N CP.J); C 1 Ç1 0
THE DOOK OF AICILL.
413
dog, a?ul lhae is half fine due from it for injuring the TIlE BOOK
profitable worker who has a weapon, one-fourth from it Al
:;'L.
for the profitable worker without a weapon, or for tbe idler
who has a weapon; it is exempt as regards the idler without
a weapon.
If it be a dog which has time but not notice, it is a half
lawful dog; three-fourths fine a?'e due from it for injuring
the profitable worker who bas a weapon, half fine from it
for injw.ing the idler 'who is without a weapon.
If it be a dog which has neither time nor notice, there is
full fine dtw from it for injlo'ing the profitable worker who
has. a weapon, three-fourths fine from it for the profitable
worker without a weapon, or for the iùler who has. a weapon, k Jr. With.
t and one-fourth due from it for the idler without a weapon. .:>to
I Tbe dog that follows a woma n, and that has an untested b bJr.Amuz- tÆ-A/;
I --:- . d th t . th t nl
. I 1 zlewit1wrd I
, l
muzz e on It, 18 a og a IS ree-quar ers u aw
u an( t..ting it. W'LU[..
one-fourth lawful; and there is one-third and one-eighth muzzle.
of ji'-/Æ due from it for inju?ill!J the profitable worker who '\
has a weapon, one-half of one-eighth for the profitable worker
without a weapon.
The dog that
a woma n, (i.e. for it is half lawful on
account of kUow ing a w oman), and that has on a tested
muzzle, and the dog that follows on the red track of a stark I
naked man in the wood, and of horses i nt1ïe plain, anù the
lawful hunting dog, anù the lawful stag-hound, and the law-
ful shepherd's dog, and the dog that is tied to the ninth
stake from the door, and not a withered hollow stake, and
the length of the tie ,
flH!ted is a hand, and its J Ji, - I
(the dog's) mouth does not reach to the floor of the house, or
to the thoroughfare, and the dog with time and notice, all
these are fully lawful dogs.
The dog that is tied to the ninth stake from the door, and
the straying dog, and the dog with time but without notice,
these are all half lawful d0gs.
These are dogs that diù injury to persons; but if it were a
person that diù injury to dogs, whether it was in idlene
s
or of little necessity he was going towards the dog, he is as
a profitable worker in coming from it.
If he was not able to bet away from the fully unlawful
41-1
Lebat"!. m cLeo
THE BOOK m((ltba'Ò, 'rlc(t\ a mar-La'Ò. rnana c((emnacmr-'Oul on cOIn
OF 1 1 .... b 1 .. L ..
AICII,L. an '0 '5r;ec can a mall C(1), 'r er; 111a map au.
111 ana caemnacmr- 'Oul ón C01n le
'0115t;eë can a mar-ba'Ò,
11' cetr-Ulm6 1na mar-ba'Ò.
S- 111cma co:emn((Cmll 'Oul on COWl aca r;a r;eop(( cer;hr-((m-
t;ana 'Ol1E1'Ò ocur cer;hr-mmt;e 1n'Ol1
1'O, can a mar-b<rÖ, 'r
cedlTlUlmt;1 oCUI' oër;ma'O 1na mar-ba'Ò.
n1ana caemn((cmr- 'Oul on C01n aca r;a r;eor-a cer;hr-mmT1
1n'01151'Ò ocu1' cer;h}lmmt1 '011F-1'Ò, can a mapba-5, 'r oër;ma'O
D 1na mar-ba-5.
n1 ((11(( caemnacmr- 'Oul on con buaëmU r;echr;a can a
m((r-ba-5, Ir let 1na mar-ba'Ò, umr- 'r e a la a a'Om:t::, ocur
11' 1 a'OmE ala.
mana cacmnacmr- 'Oul on C01n faetn'011 can 0: mar-ba-5,
If 11' cer;hr-mmt111w mar-ba'Ò, umr- '1' e a l((n a lei:, ocul' '1' e
a let; a cer;hpmmte.
[ma'Oa caomrar;] ron 'Oul 0 c((ë c011l'01b l'1n Ulle can a
C. 2309.
mar-ba'O, [C1'O a 10 C1'O 0: 11((1'Oche],1r alan '01r-e a1C1nr;a
bt1'Oe1n In caë cOIn 'Olb, uaql noco belpltlTI ní 'Oa .Dlr-e 0 C0111
10 bIt; co In'0115e-5, ((ër; mcm 11' 1n01G1 uaTI l1'1n C1lla1'O 1)0 111, cen-
mOt;a 111 cu 1'arn'011; ucnr- 111cm el1'1'Oe, be11117) a let rmClc!Ir;
ua'O bIt; ar- 1'Wè11'D1 L.
o'
.
z.írt
VI\!.
GlI,l com rOEwL r01nl1aH::1Je1L mI\).
.1. 1'omnart:ep, 110 ur-t01ëht:elt l1a GIll C01n reo co n((
!l...-oepn((r; 1'05((11.1. 1'olln;;;;I
, cu '00 m 1'ol1elm, <;'1! CO
l, cu l1a
- - - -
CUllel1,
U_101rB" cu 1 11 1' na 5abann 51 1 6\1TI 10r-5.
an 'Olpe_'09 llena1r;e)l1 clna
'O l1a con hl I'm; lan paë 0:
cer; clnm'O 111 1'0115e'Oa, ma'O 1')11 'Oultle 1'051a1'O; ma'O 1'lu
r-ubu, 11' Let; paë, ocur 5petm C\1la'O Eabul' \11 1'01151-5 '00.
'30 1n cu con on mtl'O cer;l1a. m<ro 1 na1mpr- a cmlen 1mur-r-o
1 WlietheT in tM dny 01. in the ni!1ht.-Tbe Irish for this is the conjectural readin
o( Dr. O'Donovan, for "<'I'D 1 Lån, CI'O 1 nUII:1J511l: wl1Pthcr for full jille or (or
compcn.ation," which is found in the MS E. 3, 5 (O'D H
l).
THE BOOK OF AICILL.
415
dog without ki11ing it, he is exempt from liability in killing THE BooJt
it. If he coulù not have got away from the fully lawful dog AI
:Ll..
without killing it, it is halffine he incU1's for killing it.
If he could not have got off from the half unlawful dog
without ki11ing it, it is one-fourth fine he incw's for ki11ing it.
If he could not have got off from the dog which is three-
fourths lawful and one-fourth unlawful, without killing it,
it is one-fourth and one-eighth fine he incu1's for killing it.
If he amId not have got off from the dog 'which is three-
fourths unlawful and one fourth la" ful, without kilIing it,
it is one-eighth fine he inclo.,'1 for kilIing it.
If he could not have got away from the lawful shepherd's
dog without killing it, it is one-half he pays for killing it,
for its day is night, and its night i8 day.
If he could not have got away from the straying dog with-
out killing it, it is one-fourth he incurs for killing it, for its
full is a half, anù its half is a fuurth.
If they couJd have got away from each and all of these
dogs without killing them, whether in the day or in the
night', it is its own Ìull natural' dire '-fine that is paid for
each dog of them, for it does not take away anything of its
, dire' -fine from a .dog to be unlawful, (but there is more
due from it for every trespass it cOlllmits), except the stray-
ing dog; for if it is he, the fact of his straying takes away
half his' smacht '-fine.
Three dog trespasse8 are cke:1æd.
That is, these three dogs are checked, or attended to so
that they do not commit trespass, viz., the springing dog, i.e.
a dog which makes a spring, a dog of dogs, i.e. a dog with
whelps, and a crQuchiB g dog, i.e.. a dog against which
does not avail.
Full'dire'-fine is paid for the trespass of these dogs; full
fine for the first trespass of the springing dog, if it has tres-
passed against a person; if against animals, it is half fine,
and the spring has for it the effect of a trespass.
As to the dog" ith whelps likewise, if it be while she has. k Ir.ln time
ot.
CtSIO
..
C.2;;10.
c.wj
....
.r
Mv
.,. C tS 16 ;
J
1"
tfv
,
,
VJj.,W1f
416
l ebal1. mete.
TilE BOOK
o;::;tw"Ò, 111 'Lel'L 1 I1wpem C1I1a1> 1)0 ClJ1tWI1 1)0 bpel
, aèc
OF
b
b
AICILL. pac
O 1'L I1ICI U1ppe.
1n cu tOII\51 Imuppo, tan pac 111a ce'L CI11((11) relC, ma1>
fPI 1)U111e fOEtw"Ò, 111a1> flU tlubu, If w'LhEI11; cql, 111 ftlaE-
.) wt'Lep tOPE plU pelc.
Sll,ubtc!111EI COil ml11wE, ocuf epEe COIl al1W
1l1E' OCUf cpo
COIl W1rWL1E. "-
SPUbt111E1 COIl m111W5; rtlubta111E1 1m a 50b 111 COIl 1)0
fit 1].1!I1.!'5.e
'Ç 11e hel1mb OCur 11e 11 UC\11a1 b, ocur pe helr-
/0 'LpeC'La1 b 111 'L15e. .
ell\51 COIl al1j'((1'Lë
elpP5' [teaba] teralp [1)1((1)a1>]
C(P-l:-lI1t
b 111 C
l l
a-
ubwp wrl1e apl11 mU1111)L1p fel11 reë
l1a comCl1cwb.
.,.
Cpo COil
11.F
I
IE .1. CO 'Labwp C011 0 1111p rOIL 111 ftw'L
" p61me 1}'111 cpo, .1. a CU1'L 1)0 CUP' CllO per 111 C011l na rC'Lu}1-
1)C!J1UC 111atl CI1te.
o bel'L amtw1) 1'111 'LaU IC('L, If 1111)t1Ë-Gec a111((C Cia l1a
bel-G t:JlU1; oClIr efca1pe oppo c(mae. nlW1U rtl1bt:amtw"Ò
f1111C1t: t:aU, CI 1)t1stee c(mach HIt:, '1' 111"Ot1Fi';ec 1a'L t:aU, all,
D rosta co tet C111t:a COil cot:a-álw'5 cune 1>01111 CJU11 [.,.] '1'
CU1I1 f01>elt1Et:ell Cln 111 èon 1)0 teCU1) 1 teli; 111 'L1 po WPFCl'-
t:ap he 1)on CpCl(11) CJl111 cuc(ch1)a, .1. fell bUI1W1> po ((111Eef-
'Lall, he Ul11> 1'111, OClIr apc(ch CO PI' et:aUwf t:lIclIrt:up wp,
oClIf '1' 111((111> 1)0 oClIr 11a C(IP'5e1) 1t:lp, 1m tcen p((e 1)IC 1
CI11((11) 111 COil. llo If ca111
o1)ell"
t:ep, tet CI11(1) In con ((1'
111 t:1 po IX1PEcrt:n}l he 1)011 CJl,C(111) Cpl11 cuuë1>a.
"Du111e 11ach fep, bUI1a(1) pO'L WllEert:ap he anl1 1'111 he,
DCUr (lJl,ae co PI' et:uUwr 'Ltle wp, ocur po bl a t:lJ1c}'1 co
t:1Cfll1t:1f art:U1) 1)e, ocur rCU1p1"D a t:U1Clr'U tei'; 1)e. Oellf cu
'3r tCI11 1)t1EI-D ac Pll bllllC(11) he, ocur cu tei; 1)t15d) ac Pll, ap-
al5, Dcuf rtcl11 c01>1\aë; tei; ICa1t: m(lJl, a611 I1U C111(11);
t:eopa eet:hJ1U111lt:e ua1> 11"11 t:opbaë eu l1((p111, teiS 0 Pll
THE nOOK OF AlCILL.
417
her whelps she commits trespass, to have brought forth THE Boox
OF
whelps is not taken into account in its trespasses, but a fine AICILL.
according to her viciousness slwll be imposl'd upon her.
The
g dog too incu?'s full fine fur its first trespass,
if it be against a person it trespassed, if against animals, it (the
fine) is compensation; for Cl.gnehi ng is not the rule forthem.
A muzzle for the 'minaigh' -dog, and eye eaps for the
, anaithne' -dog, and a kenncl for the ' anfaitigh' -dog.
A muzzle for the' minaigh' -dog, i.e. a muzzle of lea the?'
i,'S filstened on the snout of the dog that makes small attacks
upon fowl and lambs and the pet animals of the house.
Eyo oaps for the '
igh' -dog, i.e. eye=-cars, a covering
of leather is fastened over the eyes of the dog which does
not know its own people from the neighbours.
A kennelfor the 'anfaitigh'-dog; i.e. the dog's share offood
is set before him in the kennel on the top of a rod, i.e. his mess
is put into the kennel to the hound, which cannot be tied ?
after another manner. t;-, Ø1AÁ
When they are so within, it is unlawful to let them out,
though there should be timc and notice of their being let
out. If they are not so witllin, though they may be lawful
out they are unlawful within, for" the trespasses of the dog
are charged to him who had ticd it to the withered hollow
stake," i.e. well is it eRlttined that the trespass ofthe dog is to
be put to the charge of the person who tied it to the withered
hollow stake, i.e. it 'lvas the owner that tied it in this case, and
the tying which he made upon it was bad, and he was aware
of its defect a ; and it is the same to him as ifhe had not tied it. lr. A lying
11 . h . f 11 fi r h f th ."ilh know-
at a , WIt respect to paymg u ne lor t e trespass 0 e led.qe'!fde-
dog. Or, well is it ordained that half the trespass of the dog fiet, h.p put
. l f 1 1 . 1 . h h 11 upon .t.
'l.S (UP rom t Ie person W 10 tIel It to t e rotten 0 ow tree.
It was a person who was not the owner that tied it in this
case, and he tied it, kno
wing of a defect in the tying, and it
was his belief that it would have held the dog, and his
belief takes one-half off him. And this is a fully lawful dog
with an owner, and a half lawful dog with the man that tied
it, and the scnsiblc adult is exempt; they both pay half for
the trespass; three-fourths fine is clue from it for thc profit-
ableworkcr who has a weapon, halffrotJ,1 thcman who tics, anù
VOL. Ill. 2 E
, ""')" 4'>tt -.J.d/
H.v
tf
v4
/we Iz'
fI """
418
Lebap. m cLeo
THE Boo1t afl<<15, Ocur c6t:hp_m1l1t:he 0 Pfl con; lei:: ua" '1"11 t:011 h (((;
OF
?"_d-wl,,AICILL. C611 aflm 110 Ipn nefbaè cU naflm; c6t:h11mmi\ 0 cecht:((1 1
:-:;;-- - "6, C6t:hflU1mi;, ua'O Ipn t:opbac C6n al1m, ocu1' å1Cpn 'DÞll.
a}1a15 a ael1ufl.
rrwÞ
i",
l),
,tf lf 1if ,qi
1,11
, fJl,twJ.; A L
f"
?
5" 1
oco ttrsmt:6 fmact: na "'fl6 In coma bli; 111'Dh
6i\ aët:
'1' mOIt:1 ua" '1"11 f05mt "0 11;, Cêl1;l
i;a 111 cu
aCI1'Olt,
11((1}1 ma 61fHI1ì1, If t6i; roxtmt: a rael1'Dlt 11a'D.
111 cu
ael1'Dlt; c6t:hl1U1mb 111a m((rba1S '1'111 to, mal1a
ca6mn acm fl 6r,a}l,r Ca pa'D p l r ëena; OCU]' 111a cummc, '1' tei::
/Cpaë lW"; ocuf If e 1'111 a lal1 rwë rum, Uct1111r e a lal1
fwch a t6i; pac, ocu]' '1' 6 a tei; pac cst: h l 1tl1m {;,.
1h( 1111e con mls, csnmo-ëa In CII t((n 'D11;:::-(;6ë, 111 (111 a
cos1l111aët: 111 'DU111S a st:apfcafla'\) pHI csna cen a 111aflba1S,
'1' ted! pach 111'Dt:1b
f111 to; ocur m(( comc et',((fl1'cc(fla-o
J.quu chsna, '1' a tC(11 pach bu'\)é111 l1111t:1U.
111 cu tan 111'DhSr:sc, rtan a maflba'Ò '1"11 to, mana C06m-
11aCm}l, st:cQ1rcafla'D }11r cSl1a; ocu]' ma cc(smnacmp. '1' a
tan rwë bU'Dé111 111'D.
""Obp'Ò cach cu mlc 111 ((1'D1:
e 1111 a lei; pac bO'DS111 111,\),
10 mana casmnaCC!1}l, a et:aprCapa'D 1111' C611C(; ma conic, '1' a
tan pac bO'OSI11 1n'D. No 'DOll 0, cen((, CI'D cu 'Dl1
iSeë cm
cu 1n'Dl1E'Ësc, CI'D a to cm 1 IW1'Dës, mal1a cC(6mna1flln 'DUI11S
st: a r1' CU ll. a 'Õ 1'1.11' ëena cen 111cq1ba'D, 'rtan ; oCUf 111 a COIllC, '1'
a tém pac bU'DS111 1n'D.
JS' '(;fl61'D1 1t:1tf:' 1
1(('r:rebt:a111m ;:;6tCU'D flfat1a'D, .1. ec at 1 16 ,
I
ocu]' '\)Op1'mfl6, OCUf cU.
C0111 l1a nEl1(('\) rtaiSa pwrta1Ct:eY1'D1 b t:flaiS 'Duta 1 115 "
ocu]' a Cl11bp6ë In t:rai; telc
e1' 111 t:6ëatfl6 a heoëu amac.
COII1 I1C( nEpa'\) rel116
UC(rtatct:ep '01 b 1m "CpaiS nacht:ana
.
" bot
'_1
) o!:ur a cmbpo:; }16 LUP5 abatt Efl él11e .
è,'D r O '06fla COl1a'D }'1a 111 116 'DO conatb l1a 1)'5pa'D rtar:((
1m na }l
fla" re1116? 1 l' C In rat r O '0 6 11. a , tm t:Ol 1uma
'J'HE BOOK 01<' AICILL.
419
a fourth from the owner of the dog; half is due from it THE BOOK
for the profitable worker without a weapon, or for the idler AI
:L,
who has a weapon; one-fourth from either of them (the
owner aJUl tiel'); one-fourth from it for Íhe profitable J /
worker l without a weapon, and ii,. ="" SßP U by the tier only.
14
There is not less 'smacht'-fine or 'dire '-fine for its being
unlawful, but there is mOl'e due from it for the trespass which
it commits, except the straying dog, for if it be such, its
straying takes away one-half from it.
As to the strayingdog; there is but one-fourthjìne for the
killing of it in the day, if one cannot get away from it
otherwise; but ifhe can, it (the penalty) is half fine from him;
anù that is its full fine, for its half fine is its full fine, and
one-fourth is its half fine.
As to all dogs whatever, except the fully lawful dog, if
the person could not get away from them without killing
them, there is half fine for killing them in the day; and if
one could get away from them, it is their own full fine that
is paid for them.
As to the fully unlawful dog, there is exemption for kil-
ling it in the day, if one could not get away from it othm'-
wise; and if he could, its own full-fine is paid for it.
Every dog whatever is lawful in the night as to its own
half fine being due for it, if one cannot get away from it; if
he can, its own full-fine is due fur killing it. Or, indeed,
according to uthel.s, whether it be a lawful dog or an Un-
lawful dog, whether by day or by night, if the person could
not get away from it without killing it, he is safe; and if he
can, its own full fine is due for it.
Three are concerned- in letting.loose here, i.e. a ,horse-boy,
a door-keeper, and a dog.
The dogs of the chieftain grades are let loose at the time
of going to bed, and are tied at the time that the horse-boy
lets out his horses.
The dogs of the' feini '-grades are let loose at the time the
cows come to their stalls, and are tied at the rising uf the sun.
What is the reason that the time which is allowed to the
dogs of the chieftain grades is longer than tl
at to tlwse of
the' feini ' grades 1 The reason is, there is a greater con-
VOL. III.
E
420
tebalL a1cte.
THE BOOK 'OatnO ocur 1'0(;((\-0, ap, amur
I51 l1a 11'5r-a'O rta'Ëa na '00
OF
AICU.L nElb na 1151"ta'O reIne, Ocur COll 1 cema'O pa In r-e 'Oa conmb.
o bur co'Onac '00 5ena 111
lnmu1Ue'O '00 Eper '1-tan cu
all"O, OCUf pac ro mClle-o a rcrëa ror- 111 cO'Ollac.
õ n1ara eco"Onac, tei; md1'51n rOl111l C011l, OCUf tei; m
hFlll
rOl111l eco"Ollaë, OCU1' pach ra mcne"O a rai:a "00 "OIpe, mar((
mac a r-01ch r-C(Il1l "00 'Olpe. 'bebm El1e1111 tei; m
h5l1la ClI
ac mac III aera lca te
'01111, cm a tei:: r-e r-obm b Cl'O a tei::
r-e "Om 11m b, Cl'O e a Cel: Cln Clll co be; OCur noco Fen benn C(C
nWCln ae1"Ca m
h5'na, mallab e a ce
Cln 1 teli:: r-e r-obenb;
ocur mar e, Eelbl"O Epmm tei:: an::hF'lla"Oap cen"O a pa"Oati
lmac he, uml1, 110 5eba"O ar- a5m"O ùo"Oéll1.
Cm ro"Oepa co n5eben11 5pelm tei:: a!t:h511w CU ac mac
1 naer lca t61i:: "OIr-e, cm a teli; r-e pobmb cm a tmt 1'6
1J""Omlll b, Cl"O cu ce
cll1
ach, cm cu bl-Cbllle((ë, ocu1' co na
5abann ac mac 1 nmr lca mdJ511W, man((b e (( ce
Cln a
te-ë l1e pobenb1 11' e ra
ro"Oepa, "0115i::ecu t61r cu ClC
co"Onac lna cu ac ecco"Onaë, ocuf Ilefa tmf '00 tan co"o-
flw5 tan lCC!]' mac 1 naer lca tet 'OIJle 1fla11 tall lCUf mac 1
2011mr lca WdI511W.
1n comea:; bu rtan cu ac CO"OfJ((C a
a tei:: Ot:hr-Uf 110 tet-
w
h5'n mr- ac ecco"Onac.
- ,C1
Ib
Vf'r
--'"
1n coma
bel' pach ((1p ac CO"OIJ((C m::a 10 pach ce
na
wr- ac ecco"Onac; ump cac cO"Ollm'OeT;U 1 mbwrep1llmU1ttn
1.'11' 1f1"0115i::ln CU, cach ecco"OtW
U 1 mbw rep lnmU1ttt:l If
"Ol1;s-ceëmn cu.
I The >llO,.e 1011".1"1 (:ftlle flU/md.-In C. 2:;16 this is reversed.
'tIlE BOOK OF AICILL.
4
1
course of people and hosts to the houses of the chieftain 'I'm: BOOK
::,'rades than to the houses of the' feini' grades. and it is AI
:
r
right that a longer time should be allo"'ecl to their dogs.
When it is a sensible adult that incites (I dog, the dog is
always exempt, and a fine according to the nature of the
case shall be imposed upon the sensible adult.
If it be a non-sensible person that has incited the do!]. half
compensation is upon the dog, and half compensation upon
the non-sensible person, and a fine according to the nature
of the case by 'way of' dire' -fine, if he be a youth on whom a
share of 'dire'-fine comes. A dog which i
"ith a youth at the
age of paying half' dire' -fine, whether in regard of animals or
in regard of persons, whether for its first offence or not, incurs
a penalty of half compensation; and it does not incur it
when with a youth at the age of paying compensation, unless
it be its first offence in regard of animals; and if it is, it
incurs a l)enalty of half compensation with respect to its
owner, for it would incur it on its own account.
What is the reason that a dog 'which i8 with a youth at
the age of paying half' dire '-fine incurs a penalty oj half
compensation, whether with respect to animals or "ith
respect to pen'ons, whether it be a dog of first offence, or a
dog of confirmed viciousness, and that it does not incur it
when along with a youth at tIle age of paying compensation,
urness it be its first offence with respect to animals? The
reason is, a dog with a sensible adult was deemed more
lawful by him (the (wtlw1' of the low) than a dog with
a non-sensible person, and he considered the full-fine
which a youth at the age of paying half' dire '-fine pays
nearer to the full:fine of a sensible adult than that which
the youth at the age of paying compensation pays.
.Whenever a dog would be exempt with a sensible adult,
there is a fine of balf sick-maintenance or half compen-
sation upon it with a non-sensible person.
'Vhenever there is a fine upon it 'l.chen with a sensible adult,
the same fine is upon it with the non-sensible person; for
the more sensible the inciter is the more unlawful the
hound, anel the less sensible the inciter is the more lawful
the hound.!
422 C \1q q ) leba1t a1cte.
t' l.pi L!/ M6
" L t '
TilE of OK 'OILer 1 mU1p,bp.et:hmb mlt1 lU1ana"Oa "Oal1. nae r;on
AICILL. "Owb.
'()
"4DI
1/()'bVf3Z- LR)
(1
'loW
fAk fZ
q.1:t<jQ, IS'
'[ ,co.'
-'"
.1. em re01t: pr- pne em re01t: pr- anp116, en) r e01 t; P1 1
bere11a e1'O re01t; P11 11e1mbe1'el1a, 0 '00 bel''Car- 'CC(r- nae
t;01111a mar-a amU15 Wt;, oeur 'Outa 'Oae11'COl1'5 'Oar- (( eet11h
'1' a n'01tr1 U111 '0011 t;1 t;ue a1' Wt;.
mar et;1r- l1ae t;Ol1na mnr-a oetlr 'C1r- t;tleClrt; a r- 1at;, '1'
feme'O oeur mr-wraèt; P11 p11e '00 11w5mt 11íu ; umr- 1 rl 1íu
m:;a re1me'O oeu1' ur-wraë'C "11a pnecml'e Jl '00 r- w 5 m1
Jo 111U [.1.] ret; '00 ber-ar a meenmb, oeur a al'mm51b, oeu1' a
e011 11b eumr-'01tt, oeur a raebe01111b, oeur a t;1"6 t;e\11e'O,
oeur 1t; 1 r- nae t;011'Omb mara oeur t;1r-e. Oeur ma 11 0 bl
'Oa1eb61te na h01'01'Oa 111 r-'1' 11C( t;a1r-111e a11 a1r-w1'ac'C 'Op1 1
buna1'O, '1' 1nC!n'O '00 oeu1' '00 b61t relmea'O ann no 11111 w -
'
raet; nama.
mar a rems'O oeur U1r-wraët; pr- p11S, '1' a n'011r1 U11e
'0011 t;1 t;ue ar W'C.
mar a r emeTI no U1r-W1'aCt; r'r- pne, '1' '011er a 'Oa t;r-1((1l
'Oon t;1 t;ue ar 1((t;.
, m ara Ul'wraèt; ar- mile pr- p11S, '1' '011er a t;r- '11 '0011 'C1
t;ue ar Wt;.
mar a reme'O oeu1' U1r-1C(fC!ët; pr- cmpne, '1' '0 11e r a 'Oa
t:r-wn '0011 'OU111e t;ue ar Wt;.
mar a mr- 1a 1' ac t; a}1. ((me f1}1. ((1l'Ç11le, '1' '1:>(( t::{t1((1l 1n t::{t1n,
v tlO a let 111 t;r-1n, no (( be1t can 111.
Canal' a 115abar- 'Oa t:r-W11 111 t;r-'1l m:::a 'OP11 allpns 11((
U1}1W1' aC t: ((r- a111e, Ua111 llac 111'01re1111 teba}1? 11' ar
1; aba l 1 0 r ' }1 p11e; umll1 bent a'C((, a 11'01ter a 'Oa t:}1W11 'Op1 1
1 . Fine'-man.- That is, a man of the same sept or subdivision of a tribe;
<< anfine' -man, a man not of the same sept or subdivision.
S Tl,e rpfi,sal 01' pe,.,ni.<ÛlJu.-Thi. means a CRse in which the owner of the goods
THE BOOK OF .\ICILl.. 4:23
II" ;:;::;;,;;)
In sea law:>, one bas a riaht to 'what li e b':1siJfOught TIlE BOOK
. 0 OF
over nIne waves. AICILL.
That is, whether it be the 'seds' of a ' fine' -man I or the
'seds' of an 'anfine '-man, whether it be the 'seds' of a
person with whom he has a 'bescna '-compact, or the' seds '
of a person with whom he has not a 'bescna '-compact,
when they are brought out from across nine waves of the sea
by one who went specially for them, they are all the property
of the person who has so brought them thence.
If he has fetched them from a place nearer a to the land & Ir. Bt-
than nine waves of the sea, the refm::al and P ermission 2 of the tleun " f i l l/ h e
1Davt'øo e
'fine' -man are the rule respecting them; for the following ßetl and
are all ruled by the refusal and permission of the family, lencl.
mz.,' seds ' that are recovered from oceans, and from battle
fields, and from whirlpools, and from vortices, and from
houses on fire, and from between nine waves of the Fiea and
the land. And if it was owing to the danger of eoosenting
v ,;:
cJV IS"
that the owner did not give the permission, if tlwn re-
coveTed, it is the same to him as if there had been either
refusal by the owne1' to go himself, or permission only f/"(Y1n
him to the otlter to go.
lf there be refusal and permission from the' fine' -man,
they are all the property of the person who brought them out.
lf there be refusal or permission from the' fine' -man, two-
third
are the property of the person who brought them out.
If there be permission from the 'fine' -man to anothm'
person to go for his amusement, the third of them is the
property of the person who brought them out.
If there be refusal and permission from an 'anfine' -man, two-
thirds of them belong to the person who brought them out.
If there be permission for his amusement from an' anfine'-
man, two-thirds of the third, or half the third belong to tlte
pm'son 'ldw brought tltem, out, or he is to have nothing.
Whence is it derived that two-thirds of the third are due
in case of the permission of the' anfine '-man for his amuse-
ment, as no book mentions it. It if> infened from the rule
1.eganling the' fine '-man; for, where it is said, when two-
refuses to risk his own me i& reco'\ ering them, Rnd gives permission to another to
recover them if he could, and have them.
"'"
1'O
ID8"
D'h nD4 f-
fí ({'lit )
o'Þ'L'l-qJ LIt)
4g4
leò((p, mete.
'f1lF: ßnOK pne ma feme'Ò no na mp,w1'aèr;, '1' '01t1" a ql111 ar;a 'OPT'
uv
AICILL. anpne '11<< feme'O no na U1pWracr;; eOll1 no 'Oel}'l'Oe, umT'
'1' r;pwn ar;a 'OpP pne l1a upla1'aër; ap mne, eema'O 'Oa
"Cp1an 1n "C)11n '00 berG 'Opp anflne na mpw1'aër; ap awe.
ð 11' a1' t;abml1 a berG can 111; mcro mp1a1'aCr; all aÍ11e PT'
anpne ae na b1 l11plaraer; Pl1 eo"Ca, 111 mte e1l1r; 1r;1p La nee
'00 be1pear.
11' e 'O '1' reme'O oeur II' U111laraC"C ann, feme'O a 1'e"C ae
pp bunm'O, oeur 1n rep mte 'Oa mpwraèr; 'Oe 'Out ap a eenl1.
to 1re'O '1' feme'O ann no U1plaraCr; neër;ap 'Oe '01b.
1re'O '1' ml1lar ae r; al1 mne ann, 'Out '00 neoeh ap aíneehar
r éln .
"Olter t; oehu 11. '00 pr PUlP,t;.
.1. '1' 'O,te1' 'OPT' pU1T'"C a "Cal1ta ël11C1 co flu1e1 ClI1C 1'eOl"C,
. oeur 0 paear "Capprll, '1' eompwnn batpe1 'Ol1t;i\sc mp..E'
D
2-9-
1n "Can "Cm1l1C fO r;omur "ClImt:e mpl-ët 111, oeur 111 h111'O<;1
'00 rata 111, aër; '00 relr; ;sae-c h1 a epleh mte 'Oap wn'Oe01n,
oelll' eompmn'O bmpee 'Ot1;sb51 Ulppe '1"n ep1eh 1 r;a111((
111. Oell1' 1}' nmtm'Ò '00 1l1r;ep 1"n; 1n re"C '1'fepp11l'Or;1 '00
2<- 11't; 11a r;umÔ,oellr pl1Ue'O ll1r co pOlb r;p1an na bwpC1
ann; oell1' a r;plan '00 -Clla1'e, oellr a i:'J11C!1l 'Opl1 pUlpr; ; oeul'
r;plan 1n l'e01r; '1' repp pm111C '00 Pl5 r;umr:1 ua'O '00 11';S
e1l1e1'O; pl1Ue'Ò 1111' co 110lb ee"Cp1l111l-(;' eoncë r;umÔ an'O;
oeur eedlJ1U1mb l1a eed1pami'an 0 Pl5 el11e1'O '00 pIt;
',--elpenn.
1n t:PWl1 ro 1'01(; '00 i'um-c a eomr01n'O '001b et:apru a
tIlE nOOK OF AICILL.
425
thinls are due to the' fine '-man in case of his refusal or his THE BoolC
permission, one-third is due to the' antine' -man in case of Al
LL.
his refusal or his permission; it is right from this, that as
it is one third that is due to a' fine '-man in a case of per-
mission for his amusement, there shall be two thirds of the
third due to the' anfine '-man in case of permission for his
amusement.
That he 'who bJ'ings them out shall have nothing is derived
from this :-If there be permission for his amusement from
the' anfine '-man who has not the permission of the owner,
the person who fetches the pl"OpeJ'ty deserves no share
whatever.
"Refusal and permission" mean, that the owner refuses
to go for his' seds ' himself, and the other gets his permission
to go for them.
"Refusal or pennission" means either of them.
"Permission for amusement" means that a person goes
for the amusement of himself.
What is cast ashore is the property of the owner
of the shore.
That is, whatever comes ashore& is the property of the kJr.Tohim.
owner of the shore, as far as five' seds,' and when it excepds
them, the partition of a lawful bark is to be 'nwde of it.
When it was coming towards a certain territory, and did
not happen to reach b it, but an adverse wind hlew it b Jr. Mo.
into another territory, then c the partition of a lawful bark . Ir. And.
is made of it in the territory into which it happened to be
dJ'Ü.en. And that is done thus :-the best' sed' in her (the
'lvI'eck) is given to the king of the territory, and it is to be
added to until it (his slw J'e) amounts to the third ofthc 'l'alu.e
of the cargo of the bark; and one-third of it goes to the terri-
tory. and one-third to the owner òf the shore; and one-thinl
of the best 'sed' which came to the king of the telTitory is
giæn by him to the king ofthe province; addition is to be
mad
to it until it amounts to one-fourth of the share of the
territory; and a fourth of the fourth is given by the king
of the province to the king of Erinn.
The third which comes to the territory is to be di,'ided
b
' them equally among them to all who are able to perform
426
tcòa11. a1cte.
THE :BOOK C01"CC1n'01 '00 cac oen 'Olb conic fuba ocur puba, ocur
OF
AICILL. b1(1'(;ha'O ocur C0111'bml ocur C01met; loct:a na ba1rC1.
111 t;p1(1ll po r01C 'Of1r [pU111t;]; 110CO llU1L 111 ua'O '00 lleoc,
act; malla rUlL rLmi; 'Oaep[r]mf; mp, act; 1n CUt;puma belper
, a ectmr buna1'O a 'Ouat-sur cot;ac fP1i;, a manmË;.
D'Þ2Jfl.f L
) . j'O
.
I _, h, f)'ß IbDq
f
A
11' an'O at;a lei; a ret; umi;, a1'-Ce1111a1'seët; '00 'Oe11um 1'-1(1
'Don leli; ml1, 111 'Lan t;a1111C 1'0 t;omul' t;Umi;, mplt:1 hi, ocul'
'1' 1nn '00 pala h,. lei; a ret; um6 'Oon t;umt: all cen-
11a1'seèt; '00 'Denum 111(1 'Oon lei; mle. Ocur 110CO nupmle11'O
o'Dl1Eei) 1.1\P1'''1"'' lei; a ret; uari5, 'OO1br mm no co ll'Oepnat;
cem 1m seèt; p1(1; ocur 110CU llupmle11n '0115ei) ap 111 t;umi;
cennm'5 ec t; '00 'Oenum p1(1 no co t;uca f1lei; a ret; 'OO1b
an mfc,'O; OCur 0 'O? bepa, '1' 'Ol1p;ec cen'Oact;a '10 'Oenum
p1a.
, C1'O fO'Oe11a lei; (( ret; Ua1i;, ap Celllla1Eeët; 1t;1p 1 11
e
rai: ro'Oepa ; '1' r'r '00 cum'D menma 111 u'Omp co mbep'Oml'-
1um '01mapCpm'D 'pn Lei; 11eCmt; 111 '1' mo 111a Lei; 'Oa bepmt;
1 n mrC1'O.
11" ann m:;a ret; ré rcpepaLt uwt;" 110 rm:; fOllmc1
20 111115', 111 t;a11 t;mmc fO i;o111Ur 'OU1ne mp1Ô h"OC11r 111 1lH
[r]Ler c lama r,n fe1n '00 palawt;, aë'(; a fepml11 '0111ne mll'
11a comocur; ocur ret; ré rcpepaU '00 ap conna'O octlr
U1rC' '00 leca'O '01, mara re1C1'Oa ocul' 1(1pann ocur ralan'O
at;a 111'O"C1; no ret; rOpmc1 11111'5', mara cno 5 ,we ocur
",ócu1pn'01; ocur erC11p pna 110 mela, ma t;a f11l 110 m11
1 n'O"C1.
tOE ra:e{;hmT1., ma:'D 0 t1 wtmb .
.1. L05 raei;mp 'DO ma'O 0 rroi;mb 1T1 mapa amUlch 'DO
bepa he.
1 An '
!CUp' of.L'Ïn
. In Cormac's Glossary., edite,\ by ""hitley Stokes, LL.V.,
p. Gí, "Epscop Fina" is explaincd tv mean II vessel for measuring wine among
the merchants .of thc X orsemen and Franks. The two derivations suggesteù by
the author appear iI
eorrect. The learned editor's conjecture that "cscup fina"
THE nOOK OF AICILL.
À C)
'i_I
<;ervice of offence and defence, and feeding and maintaining THE Boo1\.
OF
and keeping the crew of the bark. AICILI,.
Aß to the third, which comes to the owner of the I;hore ;
nothing is given (('tuay by him to anyone, unless there is
a chief of ' daer' -stock tenancy over him, except the portion
which the church of his family" b O'ets as her share of a thing . Jr. Origi-
nal chw.ch.
found by her tenant of church-land.
The case in which half hcr ' seds' is tal.:en away from her
(the ship) on condition of trafficking with her for the other
half, is when she came bound for a certain telTitory, and it
is into it she happened to be (kiven. Half her' seds' is to be
given by her to the territory on condition of trafficking with
her for the other half. And the law does not compel her to
give half her 'seds' to them, until theye1tgage to traffic with
her; and the law does not compel the people of the territory
to traffic with her, until she engages to give half her 'seds'
to them gratis, and when she has given them, it is lawful to
traffic with her.
What is the reason that half her' seds' is at all gil'en away
by her for trafficking with her? The reason is; the idea of
the author of the law was that they would gain more by the
half they sold than the value of the half they would give for
not.hing.
The case in which a 'sed' of the valrae of six' screpalls' is
due from her, or a 'sed' which is worth an ounce of s'ilver, is
where she came consigned to a certain person, and it was
not into his land they happened to be d1iven, but into the
land of another person in his vicinity; and he (the other pe?'-
son) is entitled to a 'sed' of tÞe value of six 'screpalls' fur
allowing her firewood and water, if it be hides and iron and
salt that are in her; or to a ' sed' worth an ounce of 8ilve?',
if it be foreign nuts and
ts; and to an ' eseup' -vessel of I l
.c)
wine i or of honey, if wine or honey be in her.
Reward of labour, if from currents, &c.
That is, the reward of his labour is given to him (the
?'esc'Ue?') if he has brought it from the currents of the sea out-
side.
was probably the tme reading, a conjecture founded on analogous forms in Cornish,
Gothic, &c., is proved correct by the reading in the tcxt.
428
tebap. CCtete.
TIlE BUOIt
OF
AICILL.
n1a1'a
otup f110i:a pp m1'C1, a cet;h llt1 I mi:, 'Oar nets
110Jlba; a t;rWI1 ((r 't)a Orlba 't)ec; te
0
a I'm co r,a m t;lll
1"11 'I' ne1'a '00 mU1p.; a 't)a qll((11 ma't) anl11'ame; 111 quail
m te 1 r fOP. cm n m ara.
" 110 rU1't)15e't) cei:eora coe;sat; cubm; re hOll t;lre a t;OcUI1,
no 't)ap noe t;onl1a ma}la anall, C1't) a t;oëur C1't) a t;abmllt;.
tT1ara t;OëU)l111 t;)llall T'111, a cet;hrU1mÔ ar ael1 cae;sat;,
a te
all a '00, a t;r' cedlllUlm
l ar (( t;r', 1I1te ap a ce-
t;hmr.
tT1ara "Cabal}lt; I<;IP. floe "Col1l1mb mara OCur "C1r, feme't)
ocur U1pwraët; ocur pneëm}le '00 rw;smt p11' 111 t;rWI1.
cf:f 33 t.,
111f(ra t;ab((11 1 t; In rro
a 1'1n fe1n, a quan ((P a t;r',OCUr
a 't)a t;rwl1 ar a 1'13, tltte ar a flae.
tT1ara "Coëur rTlOL:ha r((1te rceo uI}'ce, a Cet;hrtllm
1 all
,'-"Cpl orbatb, a tei:; all a ré, a qll ce'GhrU1m
l a}la 110e, U1te
(C}1 a '00 't)ec. C( 'Gochor rmn.
tT1a1'a 'Gab((1}l'G In 'Gr}lo
a 1'111 fem, a "Crwn all a '00, a
te
ar a 'G}ll, a 't)a qllan all a ce'Ghmr, U1te ap a ré.
'mara 'Goëup, 1'p.Ot;a mtl}l5abmt, 111((11'0 ocu1' 'Gabmll'G
10 rro
a ;stmn ; a L:llWI1 ar 'Gfu orba, a 't)a "C)llan ar a ré, tl1te
ap a flae. CC L:oëor 1"n.
tT1ara 'Gab((1r'G 111 'Grro
a r'n fel11, a te
ar a '00, a 't)a
L:rWI1 ar a 'Gr', t11te or a ceL:hmll co tet;.
Le
cae 'Goëatp tna 'Gab((1pti, cel1moi:a 11\ 'Gabmpti rtlO'
a
1s-;slml1; octlr .111 'Gml1mr((111't)1 aLa 111(( "Coëup, 110 ilia "Cub((111ti
1 0" afitching. The folio" inf: i. Dr. O'Donovan's note nn this ob
cure ras<agc:-
"If any ,aluable property has been carried away by a freshwater stream in time
of flood over nine townlands, and then cast on the bank, the owner of the laud ou
which it is cast is entitled to one-fourth thereof. If it be carried over t"ch c
to'
nlands, the owner of the land on which it is cast is entitled to one-thir,1 thereof.
If it has beeu carried to any further distance, the man un whose land it i, {"und
shall ha, e one-haif. If it has been carried b
' the stream to the townlund next to
THE BOOK OF AICILL.
4
9
If it be a thing cast up by a freshwater stream, one-fourth THE o
ooJt
of it is due to the mvne?' of the [aml on 'U'hich it has been AICILL.
cast, v:hen it has been Ca1,?ied over Dine lands; one-
third of it when over twelve lands; half of it from that until
it reaches that land which is nearest to the sea; two-thirds of
it if then; the ot.her third is ruled by the law of the sea.
Four times fifty cubits from the margin of the land have
been fixed for a thing cast up, or from over nine waves,
whether for a thing cast up or a fetching. l
If that third is d lie fm. a thing cast up, its fourth is due for
one fifty cubits, its half for twice fifty, its three-fourths for
thrice fifty, and the whole tltinl for four times fifty.
If it l;e fetching from between nine waves of the sea
and the land, "refusal" and "permission" and "family" is
the rule for the third.
If it be a carrying by that stream itself, its third is due for
three townlands, its two-thirds for six, the whole for nine.
If it be a thing cast up by a salt and fresh stream, its
fourth is due for three lands, its half for six, its three-fourths
for nine, the whole for twelve. This is for a thing cast up.
If it be a carrying by that stream itself, its third is due for
two lands, its half for three, its two-thirds for four, the
whole for six.
If it be a thing cast up by a stream of an arm of the
sea, it is the same as carrying by a freshwater stream; its
third ,is due for three lands, its two-thirds for six, the whole for
nine. This is for a thing cast up.
If it be a carrying by that Yery stream, its half is due
for two lands, its two-thirds for three, the whule for four
and a half.
Half of every thing cast up is due for its carrying,
except the carrying by a freshwater stream; and the propor-
tion that is for its casting ashore, or for its being carried by
the sea, tbe owner of that townland shall have the two-thirds; but if it has heen
earried illto the sea the whole of it is forfeited to tbe proprietor of the shore. The
space of four times fifty cllbits from the brink of the land or high-watermark, h&..
been determined by law as the distance to whkb goods earried into the sea are
cl)nsidered as lawful' jetsam'; and goods cast asbore by the sea, or brollght by an)'
person from a distance of nine wa\.cs, are adjudged to he the property of the owner
of the shore, or of the p"rson who reseues them."
4:
O
Lebar. [(,cte.
TJJE BnOK '00 rt10{;mb cOJ1ub e 111 t:mnmJ1mn'01 1'111 bel' 1na <:;oèUJ1,
OF
AICILL. no 1na t7abmJ1<:; a faball 1n <:;rJ1ot7a 1'1n; Ocur ni faball
ma focOIrl1, .1. ni rulmll 1t;\J1 he, ma'D\(( roxla rp.u-G 111 aI',
umJ1 foxlmt; rJ1o-Ga Ocur 111 foxlm<:; fabmll.
^ mar a 111an'O reJ1 r11'{;1 OCII\
fep. <:;111e, '1' na p.05a Qt;a 1n
CUI<:;1E f11\-G1 bwr '00, no 1n cUlnE <:;11 1e . t I' ((I' Eabap., con-
<:;ech<:;a El11ma no t;1J1e.
111aro: ra111 rep. fJ11{;1 ocur fep. "c1P.6, Ct11"C1E 'J1l 1 T;1 ocur
CUlt;\E nJ1e '00 r e l 1 rJ1rb.
to tllaJ1b'01le r'n, no 11' b60'O\le nach CUlmEenn t;laë<:;ml1
ar a 'OualEUr a 11111<:; rew, ump, 'Oa CU1n1E1'D\r na beO'D11e
nact;mn ar a 'OualEUr a 11111<:; rmn, noco bw n1 art;U; ump
C1'O fa<:;a bel' rep, bunCl1'D a <:;01Elemnml1 a re<:;, OCt1r 0<:; cr
-
-r e l 1 J101n1e w<:; 1n 'OaJ1a fec<:; cen co rmcea 111 reèt; aile, noco
I l1U1l CU1nE fl11-G1, na t;oemp., na t;aballt;a ua'D e1rt;1h, mal1((
P.1C a leI' t;aba1J1t;, ocur ma l11C a leI' <:;LtbUlJ1<:;, '1' a 1 1' US-
ml<:; J1e <:;abO:\}l<:; pne no anpne.
CumE rJ11{;1 '1' na maJ1b'01l1b '00 EJ1er, C1'O a Cll1Ch C1'O a
r ec11 t;aJ1 cJ11ch, cm a CUa1J1t; 1115elt;a C1'O a rec11t;aJ1 cump'D
.to 1115elt;a; no berë all t;mrC\'O EQ<:;m'Òe; ocur 0 ben:;, '1' ctm:::15
<:;obmË mrn b.
1 " .1 '
/
CUH:;r5 ftl1f:1 u: becmb ocu1
a 'Oaimb 'Oaepa '00 bJ1er, no
coma'O CU1t;15 arca1'De, aCt; manab e a rJ1ecp.a 1n 'Oalp
cona'O ac nac<:;mn 'Oa nE '00 bl he; OCllr mar e a nWCJ1((, u:
,nm'\)el1um '\)0 cona'O ac nact;a1n '\)a 'bË 110 b1 he. n1ar
amlal,\) rl11t7 he oct1r a mE''\) '\)0 cum a (;IÈI, 11' l( nn'\)el1UIlI
'00 co nac ac e10'O po ÙI, ocur cen nac n1 '00 ar. tllal
amtm'\) fprt1 he ocur a cut pe -Gee, ocur 111p. mpbept;nU1E
nach ae e10'O tlO bl, '1' a Im'DenUn1 '\)011 n fUalP he co nac ;(ffi1j1
ac e10'O po b1, ocur Ctt1nE <:;obmÈ ar<:;u.
1.
'Nocon fU1t n1 '\)0 na beOl>1tlb 1 cump'O 1n5et<:;a, ocur
THE BOOK OF AlCILL.
431
stræms is the proportion that shall be (hie for its casting THE Bontt
ashore, or its conveyance by the carriage of that stream; AI
LI.
and it is no carriage, if it has been lessened, i.e., it is not a
carriage at all, if the stream has detached anything from it,
for streams detach something and carriage does not detach.
If the finder, and the owner of the land be the same, he has
a choice whether it is a finder's share or a land share he shall
have. It is derived from, "Equally lawful are deed or lands."
If the finder, and the owner of the land be different, the
finder shall have the tinder's share and the land share.
These are de
ld chattels, or they are live chattels which
could not escape by means of their own strength,for if the live
chattels were able to escape by means of their own strength,
there would be nothing' for Tescuing them; for however long
the owner may be following after his 'seds,' and 1L'hen he
sees them before him thB ð
oonJ time, though he may not
see them another time, there is no finding share, or t,]wre
for casting ashore, or carrying due from him for them, unless
he stood in need of carriage, and if he required carriage, it
is to be ruled by "the carriage of family-man or stranger."
A finding share is always giæn for the dead chattels,
whether in the territory or outside the territory, whether
within grazing range or outside grazing range; or if they
be in the keeping of a thief; and when they are, there is a
levying share due out of them.
Thel.C is a finding share due for bees and' daer'-persons
always, or, in the cas(' of the' dae1"-peTsO'iL, it may be a
detaining share, unless the answer of the 'daer' -person is
that he was going to his 1nastel.'s house; and if thic; be his
answer, let him prove that it wa.<; going to his rnaster's house
he was. If he was found with his face towards his master's
house, he is to prove that it was not absconding he was, and if
he does, there shall be nothing for al'l'estiný him. If he was
found with his back towards the house,andifhe did not plead
that it was not absconding he was, the person who found
him is to prove that it was absconding he was, and if he suc-
ceeds in thc pruuf, he shall have an arresting share for him.- k Ir.1Mm.
There is nothing (lue for the live chattels within grazing
ct' 3S16' 13f
432
Lebap, mete.
THE BOOK CUH:::I'S t:obw5 e1J't:1b 1'p.èt:wr cumr'O 111EeLt:a. 110 '00110
OF
AInLL. ëpll((, '1' Cl11t:15 t:obmË; eq'n b (( cump,'O 1115eLt:a aët: co mbe1t:
up t:wrC1'O t;m::m'Oe; oeur 0 bmt:, '1' cU1nE t:obm5 e1rnb
reët:al1 cuwJ1'O I 115eLt:a, aèt: 1w11ab amlat"Ò belt:; OCur a
,,11((15((1'0 ar a t:eè; ocur mar amlm"Ò, aët: mara C111'Ot:1 co
t:1CI'((1nr, 110CO 11U1l 111 my-nb. 111a eU111lt:abmrt: 111 t:1C-
rmnr 110 11a nCI'((1n1', 11' lei; eU1n5 t:obatF; mrnb. n1ara
CIIl'O"G1 l1a nC'}:'aI'OIT', '1' CU1t:15 t:obcoË; comlan 61 rn b.
111 ara beo'01le conic a Em"G bu'Oe1n, 11' cU1nE "GobmS mr-
Ið "Glb '00 ;::;rer. 1n 'OU1lle 'Oaep, 'ra C11l '01C 'Oa "G15ep11a 110 co
nsaba neë ((1le na re1lb he a11 '0((15'11 ach"G((1Ë;'b; OClI1' 0
Eebur, 11' a C11l '01C '00.
Cm beeh.
.1. cmr 1]'1n caeèa'O, 'Oa C1r 11'111 mapba'O; OClIr 111'011'1'0
slebar 111 Clr 111a èaeèa'O, OCur 111 h11l'01re1111 'Oa C'r'r'11
mapbaf>; aë"G ammt 11' 'Oa cuq1tHna na heirci a"Ga 0 'OU1ne
1 caeècrn 111 'OU1ne a"Ga lIa'O [1I1a mapbaf>], C01p 110 'Oe1r''Oe,
cerna 'Oa cut:puma 11a e1pC1 a"Ga 0 beè 111a èaeèa"Ò, C6ma'O 6'0
'00 belt:h 111a mapbaf>.
.to .sal'
pp '00 mil 11'111 '}:'l11bUEa"Ò, Ctl1ce'O 11a radw 11a
CIlO1 cbenn , a "G60ra ce"Gh11U1mi:1 1na ba11 be1m I'acat b fmt;
I'o raet;, 110 11a slar, 110 Ila m::, 110 na 'Oe}1E; ma'O aen no
'Oe'Oa '01b 111t ((11'0, 11' CU1ce'O co let; CU1C1'O; CU1ce'O 11ama
na ba11 bmm atC111"Ga.
2" Cmr1f11l crob mum1' co 11m"G1p1m'01b1 bmlt, ocur ma11a
rl11t elnpl111'01be batU, 11' C11' ce11mot;a reè"Gl1la'O; a 'Oa t:rwn
naerobscumatte; a "Gpwn 11a 111((1l'OratE rére"G; cU"G}1uma
re1f1'O a1111 110 rec"Gmat'O C011a t:abatr"G 1'11' 11'111 111111'011((1'5
rec"G 1'et:.
.
,
THE BOOK OF AICILL.
433
but there is a detaining share due out of them outside graz- THE Boo..
ing range. Or, indeed, according to others, there is a detain- A
L1.
ing share due out of them within grazing-range if they are
found in the keeping of a thief; and when they are so jound,
there is a detaining share due out of them outside grazing-
range, but so as they are not with their face towards the house;
and if so, 1 and if it be certain that they would come hO'fM,
there is nothing due for secu1'ing them. If it be doubtful
whether they would come or would not come, there is half a
detaining share due for them. If it be certain that they would
not come, there is a full detaining share for 8ecuring them.
If they be live chattels (i.e. slaves) that can" steal them-
selves," there is always an arresting share due for them. The
crime of the' daer '-person is to be paid for by his master
until another person takes him into his possession for the
purpose of making an agreement with hi'fil,; and when he has
80 taken him, his crime is to be paid for by him (the latter\
Injuries in the case of bees.
That is, a hive is the fine for the blinding, and two hives for
the killing of a person; and a book mentions the hive for the
blinding, and it does not mention two hives for the kil-
ling; but 88 there is twice the' eric '-fine due from a person
for killing a person that there is for blinding him, it is right
from this, that it is twice the' eric '-fine which is due from a
bee for blinding him that should be due for killing him.
A man's full meal of honey is the fine for drawing blood;
a fifth of the full meal for an injury which leaves a lump," · Ir. A
three-fourths of it for a white blow which leaves a sinew in lump-blo1U.
pain, or green, or swollen, or red; if it be one or two of these
injuriu that are present, it (the penalty) is one-fifth with
half one-fifth; one-fifth only for his natural white wound.
A hive is the fine for the death-maim necessitating b the b Ir. Tl"it4.
removal of a limb, but if there be no removal of a limb, it
(the fine) is a hive, less one-seventh; two-thirds of it for a
'cumhal '-maun; one-thu.d of it for a tent-wound of six 'seds';
one-sixth or one-seventh part is to be added to it for the
tent-wound of seven ' seds.'
I -dnd if3o.-That is. if the
. have \heu [aces to,,"uds theu house.
VOL. III. 2 F
,
434
tebofl. a1cte.
TUK BOOK: 0 no: becmb o:t:o: r1fl1r 1'10: 1)(l1mb.
OF'
AICILL.
ct,1f
Iv'-
Cpet: blar 0 na 1)a1nmb '1' na beemb? ma po maFb 10
'DU1ne In bec aea caeca"O, no ac
ep:ëa1O cnm"Õ1 mp no co
pw
U1L1U'sa"Õ, '1' cut:puma na rata 1)elplC na cnS1"01 '00 'DuL
of'11e Lap ann; 0 ta 1'10 amac 'DIC 'DO nEepna 11\ bell: plr 10
'DUlne.
mar ae
eptam ban ù61me ap In 1)Ulne po marbt1ft:ap.
10 bec, '1' ambIt; mE1"O 10 mÈI'Ù.
tna1'a ae repi;mn enoebelme ap. 10 'DU1ne po mapbuf't:ap.
't> re 10 bee, '1' ee-cheopa eUICI'D 'DO 'DuL re Lap., oeur CU1ee'D "01C.
111ar ae feri;am banbelme
acmb feli; fO raei;, nO ELar,
110 at:, no 'DerE, '1' t:pl eUICI'D 'DO 'DuL p.e Lap., OCUr'Da cU1eea'Ù
'Dlec.
mar ae
epi;mn am no 'De"Oa 'Dlb,
CU1CI'D 'DO 'Dut
,. re lap, oeur cU1el'D 'DIe.
o na beemb m:a fin '1' na 'Da11l1b, ocur 0 na 'Dmmb '1' na
beehmb.
CI"O bwr 0 nu becmb '1' na pobmb, oeur 0 na 1,obmb '1'
na becmb? n1a 1,0 eaecuf't:ap no ma po marbuft:ar 10
)t> bec 10 roù, eret: blar an'D? 1n t:a1Ompmn'Dl Eeber 111 eel'
m:a 0 beehmb a caeca'D 10 'DUlne, no 10 'Da ell' m::a ua'D 100:
marba"Õ 1 e01pplJlpI memt:a In 'Dume, eurub e In t:mnm-
1'mnlJl fin Eabar 1 lan 'Dlpe meent:a 10 rUlb m m bwr 0
beeh ma eaeca"O no nu mapba'Ù. lei; a fU11 Ina marba'D
2S' [ma eaeca"Õ], no na epol1 bmr co nelnplm'Dlbl bmlt; mana
fU11 elnplm'Dlbe bmtt, If' lei; cenmO'Ëa lei; a eUICI'D, maf'a
rob cetalt"Oa; no lei; eenmO'Ëo: lei; a lei;e, ma1'a pob 'Dwb-
alt:a. CC 'Da t:pwn fin 1110: cpol1 eummle; 0: t:rlan 111
1Oan'DpmE ré l'et:; eUt:puma f'elf1"O no l'ect:mm"Õ co na
'.\ðcont:abmpt: plr 11'111 mnannpmË; reet: ret:, 1'ee a mbw '1' m
111annrmE ré 1'et:.
.
THE BOOK OF AICILI..
433
From the owne1'S of the bees these fines are {lne fur the 'f1lF: BOOK
O}'
persons. Alcll.!..
'What shall be due from the persons for the bees 1 If the
person has killed the bee while blinding him, or inflicting
a wound on him until it reaches bleeding, a proportion of
the full meal of honey equ<J.l to the' eric '-fine for the wound
shall be remitted in the case; the remainder is to be paid by
the owner of the bee to the person inju1'ed,
If the person killed the bee while inflicting a white wound
upon him, they (thefines) shall be set oft' against each other.. .Ir. Face
If the person killed the bee while inflicting a lump-wound on toface.
him, four-fifths oftltefine shall be remitted, and one-fifth paid.
If it was while intlicting a white wound which left a sinew
under pain, or green, or swollen, or red, he killed tlw bee,
three-fifths oftlw fine are to be remitted, and two-fifths paid.
If it was while inflicting one or two of them (the wounds)
he killed the bee, lmtf one-fifth is to be remitted, and on
h
paid.
From the owne1'S of the Lees these fi IWS are due for
the persons, and from the persons for the bees.
'What shall be due from the O'I.unen of the bees for the ani-
mals injw'ed, and from the owners (if the animals for the
bees 1 If the bee has blinded or killed the animal, what shall
be the fine for it? The proportion which the hive that is
due from the ownC'i'S of the bees bears to the fine f01' theÜ.
blinding the person, or which the two hives that are duc for
their killing him bear to the natural body-fine of the person,
is the proportion which the fun natural' dire' -fine of the
animal shall bear to that fine" hich shall be duc from the bee
for blinding or killing it (the ctni'IYUtl). One-half of what is
due fur killillg it is due for blinding it,.ur inflicting a death-
maim 'which necessitates b the removal of a limb; if there!> Ir. With.
be no removal of a limb, it (the ji-ne) is one-half, less half onf'-
fifth, if it be a quadruple animal; or one-half, le.<;s the half
of one-half, if it be an animal of double. Two-thirds of
this cue due for a 'cumhal' -maim; one-third for a tent-
wound of six' seds ' ; (tnd an equivalent of a sixth or seventh
part is to be addcd to it for a tent-wound of seven' seds,'
over and above what shall Lc dl/c for the tent-wound of six
, f;('rls.'
YOLo III.
F
i..
, IpJv'Í'
/
436
Lebap. a,de.
THE BOOK: Creti blar 0 bee 1 rUtbuöa'Ò 1n rU1b 1 1n t;mnmpamoe
OF öabur 1n t;r mt 't>o mlt m;a 0 bee 1 rU1t1uöa'Ò 1f1n cermË;
AICILJ,.
m;a ua'O 1na marba'Ò, corub é 1n timnmpmn'01 r'n öabl1r 1n
er'C caee'Oa no marbta 1n pUtb 1n n; blar ó bee 1na rUttl-
uöa'Ò .1. ceteora CUIC1'O 1n W1nmrmn'Ol na cn01cbe1m, a t;r'
CUICI'D na ban b81m racmb rett ro raet, no na ötar, no na
at;, no na 'Oerö.
ma'O aen no 't>e'Oa 'Olb, '1' 't>a cUtce'O co tet cUtCI'D. "Oa
CUlce'O nanmpmn'01 1na ban be1m mcent;a.
10 0 na beemb atia fin '1' na robmb. Cpet; blar 0 robmb
'1' na bechmb? ma po marbuft:ar 1n rob 111 bee 1ca
eaeea'Ò, no 1ca marba'Ò, no IC rertmn Cnet'Òl mr no co ria
rUtbuöa'Ò, '1' cUt;r uma rata 'Oe'r'C fia CneI'D1 '00 'Out re
tar, OCur a rU1t an'O 0 ta fin amach 'OIC '00 tilöerna 111 bele
/á p.e t;löerna 1n rUtb.
mar ac rertmn rU1b
1 ar 1n rob romarbUft:arre1n
bech, '1' a mblt;h mËI'Ò In mË1'Ò .1. rUttluöa'Ò 111 11U1b OCur
marba'Ò 1 n be1e; no 'Oono eena, 111 'Oeltblr at;ú Inr rU1b-
U1;a'Ò 1n 'OU1ne ocur rU1tluöa'Ò 1n rU1b corub e 1n 'Oeltblr
20 f1n Ictep. 0 t'öerna 111 rU1b re nEepna 111 be1ch.
mar ac rertmn cnocbe1me mr, '1' cetihrUtmh Cl11CI'O 't>o
'Out re tar, '1' CUlce'O 'OIC, 111 '081tblp..
má1' ac rertmn bmn bmme racmb relt ro raet;h, no
Etar, no Uti, no 'OerE, '1' a t;r' CUIC1'O '00 'Out re tar, '1' 't>a
J
CU1C1'O '01C 1f1n 'Oe1tbelr.
mar ac rertmn mn no 'Oe'Oa '01b, '1' 'Oa CUICI'D cu telti
'00 'Out re tar, '1' 't>a cUtce'Ò co tet 'OIC 1f1n 'Oelt;hblp..
mar ac rertmn banbelm mC1nt;a mr, '1' CUlce'O '00 'Out
re tar, ocur [cmtr'] cUtCI'D 'OIC lf1n 'OeltbI11.
I T lDo-fiflh& and a half.- Tbe MS. E. 3, 5 here reads .. hvo-fifths of a fifth," which
is manifestly wrong. Accordingly Dr. O'Donovan substituted .. cu !kIt, and a
half" for" CUICI'O, of a fifth."
IAltdfollr:fìj1h&._The Irish for four has here been put in as an emendation
needed to make sense.
THE BOOK OF AICILL.
437
What shall be clue from a bee for making the animal THE BOOK
bleed 1 The proportion which the full meal of honey that is AI
LI..
due from a bee for making a pm'son bleed bears to the
hive that is clue from it for killing him, is the proportion
which the 'eric '-fine for blinding or killing the animal
bears to that which will be d'ue from a bee for making it
bleed, i.e. four-fifths is the proportion for its lump-wound,
three-fifths for its white wound which leaves a sinew in pain,
or green, or swollen, or red.
If it be one or two of them that a1'e i'i1jlicted, it (the fine)
is two-fifths and half one-fifth. Two-fifths is the proportion
for a natural white wound.
From the owners of the bees these fines are dlte for the
animals. \Vhat shall be due from the ownm's of animals for
the bees 1 If the animal killed the bee while in the act of
blinding it, or killing it, or inflicting a wound upon it until
it reaches bleeding, a proportion of the' eric '-fine for the
wound equal to a full meal of honey shall be remitted, and
ute remainder shall be paid by the owner of the bee to
the owner of the animal.
If it was while in the act of causing the animal to
bleed it (tM animal) killed the bee, they i.e. the bleeding
of the animal and the killing of the bee, shall be set off
against each other; or else, indeed, according to othe1's, the
difference which is between causing a person to bleed and
causing an animal to bleed is the difference that shall be paid
by the owner of the animal to the owner of the bee.
If it was while inflicting a lump-wound on it tlte bee was
killed, four-fifths shall be remitted, and one-fifth, the differ-
ence, paid.
If it was while inflicting a white wound which left a sinew
in pain, or green, or swollen, or red, the bee was killed, three-
fifths shall be remitted, and two-fifths, for the difference, paid.
If the bee was killed while inflicting one or two of them
(the wounds), two-fifths and a half I shall be r
mitted, and
two-fifths and a half, for the difference, paid.
If the bee was killed while inflicting a natural white
wound on it (the ani'IYUd), one fifth shall be remitted, and
four-fifths,2 Îor the difference, paid.
-!3t;
tebaft mete.
THE BOUlt
(IF
AICILT..
tî1a 1'lO bÚ{;all Ea1l.'ÕafJa 1m'Oa ann, 110 ma po bm..p b6lc
1m'Oa, '1' cll an 'Ocup 'DO CUll ce 1n Eap'Oa 0 n'Depna'D 1n rOEml;
ocur 0 pa pn'Orm{;ep, ac{; ma po ba{;al1 re1ba 1m'Da 1r 11ì
Eap'Oa 1r 1n , '1' cpan'D eU l 1 'DO CUp oppo co r1n'O{;ap 1n {;retb
ðO 11'Depna'D In rOF;ml; ocur 0 l1a pn'Drm{;el1, ac{; ma po
ba{;al 1 [cera] Im'Da 'r1n {;rellb r'll, '1' cpan'Dcup 011po co
pn'D{;ap 1n Clr mprfl 0 n'Depna'D 1n r05mt. Ocur '1' e ra
ap a n'Del111a'D r1n, 11apab 'DpOC ell' I mna'D 'DeIEeearaeh.
ocur napab 'DelEClr I 1l1na'D 'DpOeCerac; ae{; cupuh I 1n clr
" 0 n'Depna'D 1n r05ml 'Dee 1r1n c1nm'Õ.
t11al' {;fl1 eoml1mn 110 {;Pl anrO{; re'PE' In'Del
blpl po
mal1b 1n 'D1I1ne 1n bee, rm
pp 'DO mIL ap. ron mdJ5,na, '1'
eel-cp.1 rata all ron '01p.e.
n1 ar LP.1a anrO{; r61P5' 'Derfb,p" rmt PP 'DO mIL al1rOn
,,-m{;h5 '11a , oell}' 'Da 1'mt all 1'011 'D1]16.
tî1al' {;pla In'Del-ëbll1e {;ollba,rm.:; nama al1rOn nm{;h-
51 na .
o beemb 1I1111m-D m;a pn 1 n'DUll1e; a let 0 becmb 'Deopm'Õ;
(( ce{;hp1l1mÔ 0 beemb mup.eUlpÔ ; 110CO mol 111 0 beemb
,,'Dmp, no co pia o{;hpur 110 m{;hFI1I, ocu1' 0 po pa. 0 beem b
UPll m -D a{;a 1'1n 1m 'DUI1le; a C61':;PI reC{;mm'D 0 becmb
'D eo ll m 'Õ; 'Da reen)l{('i) oeur 1n ce{;hpuma l1an'D 'Dec 0 becmb
mupcmptl; 110CO n1111 111 0 beemb 'Dmp, 110 co l11a o{;hll u r
110 m-c5111, ocur 0 11U pa. 0 beemb uppm'Õ a{;a fin 1m
,b0111; a let 0 becmb 'Deopal'D; a ce{;hp.Ulme 0 becmb mUl1-
CUlPÔ; oeur noco 111111111 0 becmb 'Dmlt 110 co pia o{;hp U l'
110 mdJ511J, oellr 0 po 1'1a. 0 beëmb u!lpm'Õ a{;a 1'111 1m
I J(an!/ hire". The Irish ,,"or.l for hives h,.
l,ppn put in on conjecture, as
neccs-ary to I'ompletc the sense.
TilE BOOK OF AlCILL.
439
If there were mlmy gardens, or if there were many bees, TIlE BOOK
lots are to be cast to dÜJcover from which garden the injury AI
;LT..
wa.
done; and when it shall have been discovered, if there
were many possessions in that garden, lots are to be cast on
them till the part ic ulm' possession be discovered fi.om which
the injury was done; and when it shall have been dis('overell,
if there were many hives. in that possession, lots are to be cast
upon them until the particular hive from which the injury
was done shall have been discovered. And the reason why
this is done is, that a bad hive may not be given in place of
a good hive, or that a good hive may not he given in place
of a bad hive; but that the 'VC7'Y hive from which the injury
was done may go for the injury.
If it was intentionally or inadvertently in unlawful
anger the person killed the bee, a man's full meal of honey
shall be giren as compensation, and four full meals as
c dire' -fine.
If it was inadvertently in lawful anger he killecl the bee, a
man's full meal of honey is given as compensation, and two
full meals as 'dire'-fine.
If it was through unnecessary
t hø killed the bee, only
a full meal of honey is given as compensation.
This is clue from the bees of a native freeman for a person;
the half thereof from the bees of a stranger; a fourth of
it from the bees of a foreigner; there is nothing cl'ue from
the bees of a. 'daer'-person, until it reaches sick main-
tenance or compensation, or, according to othø?s, even when
it does. From the bees of a native freeman this is due
for a person; four-sevenths thereof from the bees of a
stranger; two-sevenths and one-fourteenth from the bees
of a foreigner; there is nothing due from the bees of a
c daer'-person, until it reaches sick maintenance or com-
peIL
ation, or, according to othC7.s, even when it does. From
the bees of a native freeman this is due for a cow; the half
thereof from the bees of a stranger; a fourth of it from the
bees of a foreigner; and there is nothing from the bees of a
'daer'-person until it reaches sick maintenance or compen-
sation, or, according to others, even when it does. From tÌle
440
Lebaf1. a,cte.
'l'liE BOOK ech; a te
0 beèmb "OOop.<I\i); a cetinp.uunt, 0 beèmb mUll-
OF
t ' b
b
AICILL cmp.L1; OCur noco nU1 fI' 0 ecm "Omp. no co P.1a ot::p.ur no
Q1t::nöln, ocur 0 pa ria. 0 becmb l1ppmi) at::a 1'111; Q cet::n-
pU1mb 0 becmb "Oeopmi); te
oCur re&ma"O 0 beèmb mup-
s ëU1r
; oort:: Le
0 beèmb 'D0111.
Y3b if
-
y\6. .. L
,. {-&.M
. +.
t"'"
Cm ceat:np.a.
.1. mara cunnt::abmrt:: 111 nuat::na,b 00 nach uatmb "00
p.1öne'D 1n marbai), '1' pota na retbacn ara t::01pm1Ut::er at::a
111 cran"Ocor "00 öooat:: no 111 m
n 1Crmt::; OCl1r ma'D he a
I pota In Crat1'DCUp, '1' crannèull "00 cup et::arru, co rert::ap 111
t::orèmr orro no na t::OrC011l; ocur ma "00 pocn01r orpo,
ma WIt:: retba 1m'Da ann, '1' cranLlcup "00 ëur ap caè retbaë
Llib co rert::ar 1n retbac 'Dlb ar a t::O)1cmr; '1' cran'Oëop 'DO
[cup] ar cae mlt ro telt .!!I...re1tb r'n, cu re1't::ar 111 m1t O1rrG1
,
'00 p.1öne 1n rot01t; ocur tan ro mcne'O 111 m1t 1'111 am<xch
ann. Ocur 'Oa maLl rerr teo O1t::hö1t1 'OIC cen C1lan1X:Ull
1n r ."
mar e a rosa 'n mt::hö111 "01C cen cp.an"Ocur 1t::1P., mar
ClCU U1te at::a 111 mlt comaer ocur commari: 111 mlt ro mar-
:1.0 bai> al1'O, '1' cpan"Ocup. 'DO cup. cu re1't::ar Cia "Olb "Oa ro 111
Q1t::nE1tJ "01C amach ; OCU1' 111 t::1 "01b "Oa rainic 1CQ'i) mt::höm
amuch ; ocur 111 e1p1c 0 cac e11't::1, cenmo
a 111 cut::ruma ro
1'011'e'O 'Da t1'e1lb bu"Oém.
mana U1t ac l1eoc "Olb 1ti1p m1l comaer no commar.:; 111
1
m1l ro marba'O an'O, 1ccmt:: U1te mt::nö'11 amach ; ocur Lle11at::
reCti flanna "Oe 1m "Ou111e, ocur CU1C p.al1na 1m b0111,OCU1'''Oa
pann 1m een.
I The p"oportion which would fall on 'his own prope,.'!!. That is, the other owners
pay him the compen_ation he made in the first instance, ex.cept his own portion of it.
THE BOOK OF AICILL.
441
bees of a native freeman this is due for a. horse; half THB BooII:
thereof from the bees of a stranger; a fourth of it from the AI
LL
bees of a foreigner; and there is nothing due from the bees of
a < daer' -person until it reaches sick maintenance or com-
pensation, or, acco?ding to others, even when it does. From
the bees of a native freeman this is due; a fourth thereof
from the bees of a stranger; a half and a seventh from the
bees of a foreigner; an exact half from the bees of & < daer'-
person.
Inj uries in the case of cattle.
That is, if it be doubtful whether it was by them or not
by them the killing was committed, the owners who are sued
for them have their choice whether they will cast lots or pay
compensation; and if the casting of lots be their choice, lots
shall be cast between them, that it may be known whether
it (the lot) falls upon them or falls not; and if it falls upon
them, if there be many possessions, lots shall be cast on each
proprietor of them, until it is known on which proprietor of
them it falls; and lots shall be cast upon each animal sepa-
rately of that particular possession, until the particular
animal that did the injury is known; and full fine ac-
cording to the nature of that animal shall be paid out
for it. And should they prefer to pay compensation without
casting lots at all, they may do so.
If it be their choice to pay the compensation without
casting lots at all, if they have each&an animal of the same age k Ir. .All.
and quality as the animal that was killed on the occasion,b b Ir. In it.
lots are to be cast that it may be known by which of them
the compensation is to be paid out; and he upon whom it
has fallen shall pay the compensation out; and the 'eric' -fine
shall be paid by each of them to him, except the proportion
which would fall on his own property.l
If none of them has an animal of the same age and quality'
as the animal that was killed on the occasion, they all
conjointly pay the compensation out; and they make seven
parts of it when it is for a person, and five parts when for a
cow, and two part!';
/.hen for a horse.
(J7'tJ-)LI.,.f\! .
\) "(
11i '
44
teb((p. mcle.
THE BOOB: mora C1n'Ota cona'O uatmb '00 p.11;ne'O 111 map.ba-5,ocur
AI
:LI.. comero he p.05a na retbac In nm-ch51n; ma'O fep.p. tell' 111
fe1chemU1n -c01che'Oa 1n cp.an'Oéup., 11' C}lml'Oéu11 '00 -cabmp.tj
'00. Ocur cema'O he p.05a In felceman 1n m-ch51n, mar e a
ð 1105a na retbae In cp.an'Oeup., '1' cp.an'Oeop. '00 bep.m:;.
Cach ump.lr e a p.05a 111 cp.an'Ocup., noco n61cen cp.an'Ocup.
'Oa fir In uaÔb no nae Um:;hlb; ac-c cp.an'Ocup. '00 cup. ap
cach relbac, co fermp. 111 relbaè 'Olb ap. a mp.cm11; cp.an-
'Oèup. '00 cup. ap. cae mlt ro telt ana relb r1n, cu fert:ap.ln
. mIL mp.ltl '00 11'5ne fa-sml; ocur 11' 111 fO mcne'O 1n mIL rln
'OIC amach an'O. Ho, ma'O fep.p. leo m-ch51n 'OIC [cen]
cp.an'Ocop.lnp., mmt 'OÓI b a11aen 1n a1t::h5111 ann. m mt:h 'Oon
felchemmn -c01che'Oa U1-chSln Imc 'OIC p.lr, ump. mara mIL
cet:C1n-Cae belt p.o fuacht;nm5 p.lr, noco blero aë-c a 'Oul fOP.
'Olbup.'Ou'O '00. mmt '00 na relbaemb m-ch1;ln 1mè '00
5abml uaÔb, ump mara mIL bl'r:blnee po fuaë-cnm5 uai;u,
p.o Icfmnr 'Olpe pe -caeb nm-ch51na.
Cae UalP. '1' com'Oe01n leo ap.aen In md15'n 'OIC, 'Oena"C
fee-C 11anna '01 1m 'OU1ne, ocur cU1C panna 1m b01n, ocur 'Oa
o l1an'O 1m each.
mara In'0111e lmn, ocur leltl, ocur m-ch51na, ocur 1m
'OU1ne, rec-c 11anna ^ap "Cur; t:each-c co h 1n'01 111 b lete 1m -Cpl
l1ann[l1b mle, ocur comlcmt: e-cap.pu; -cecmt: In'011111a111
ocur In'01111 tete co 1n'01Ue a1t::n51na 1m an rect:ma'O 1lann,
-ocur comlcm:; e-cappu.
mara In'011111a1n ocur 1n'OIUe letl pul ann, ICOt: In'01111
tQ1n t:P.1 p.anna ar ap. t:uf, ocur t:ecmt: co 1n't>11111et:;1 1m
celtpl p.an'Om b, ocur com1Ca-c et:a1111u.
1 If it be cattle offuTl. The manuscript is very defective or corrupt here, and it
Is not e&By to ascertain what sort of cattle is meant by the terms" cattle of full," &c.
TIlE nOOK OF AICII.T,.
4-13
If it be certain that it was by them the killing was com- TUB BooK.
mitted, it should be the choice of the owners to pay the com- AI
;LL.
pensation ; if the plaintiff prefers the casting of lots, the cast-
ing of lots shall be given him. And though the choice of
the plaintiff should be the compensation, if the choice of the
owners be the casting of lots, they shall have the casting of
10ts.
'Vhenever the lot-casting is their choice, it is not necessary
to cast lots to know whether it was by them or not by them
the injury 'l.vas d<>ne; but lots shall be cast upon each owner,
that it may be known on which owner of them it faIls; lots
shall be cast upon each animal separately in his herd, till the
particular animal of them that did the injury is ascertained;
and a fine a shall be paid out according to the nature of that aIr. Thing
animal. Or, if they prefer paying compensation without
casting lots at all, to ha?:e the compensation is good for them
both. It is good for the plaintiff that full compensation
be paid to him, for if it were an animal of first offence that
committed the injury, there would be nothing but its go-
ing in satisfaction for the injury done to him. It i9 good for
the owners that full compensation be accepted from them, for
if it was a wicked beast of theirs that committed the injury,
they should pay' dire'-fine together with compensation.
Whenever they are both mutually satisfied that the com-
pensation should be paid, they make seven parts of it when
for a person, and five parts when for a cow, and two parts
v;læn for a horse.
If it be cattle of full,; and of half, and of compensation
that are conce'l'ned, and for inju1'i11g a person, seven divi-
sions are 1naM at first; the cattle of full pay th1.ee parts, they
come into shares with cattle of half for other three parts,
and they pay equally between them; the cattle of full and
the cattle of haIf come into shares with the cattle of com-
pensation for the seventh part, and they pay equally betwecn
them.
If it be cattle of full and cattle of half that are in question,
the cattle of full pay three parts out of it at first, and come
into slwres with the cattle of half for the othe:l' four divisions,
and they pay equally between thcm.
\
IriS.
::: ALU, f 3LfO
,...
Wtry'
THE BOOK
OF
AIClLI..
444
Lebap. ITlcte.
ma1'a 111'OIUI tmn OCl11' In'OI111 a1t:;hE111a l11t ann, Icm;
In'OIUe tmn fe feët;m(rt) a1' a}1 t;U1', OCU1' t;ecmt; co 111'Oltl1
mt;h'Slna 1m an feët;ma'O }1ann, OCUf comICaL: et;a}1}1u.
ma1'a 111'OIUe tete ocur mt;hElna ann, cerl;pl }1anna '00
'Oenum 'Oon mt;h'S1n ; ICmt; In'Oltb letl t;}11 }1an'Oa a1' a}1 t;Ur,
ocur t;ecmt; co h111'Oltl1 U1t;h'Slna 1m an
t;ma'O }1ann, OCUf
COm1CaL: et;a}1}1u.
m a1'a 1ß'Oltl1 tam, ocur tete, ocur U1t;hE111a, 1m b01t1, Cl11C
11anna '00 'Oenum 'Oon mt;hE1t1 ann; Icat; 1t1'Oltl1 tam 'Oa
/0 11 mn 'O a1' a}1 t;Ur, OCUf t;ecmt; co hln'Oltl1b tete 1m 'Oa
}1an'Omb mte, OCU1' com1Cm; et;a}1}1u j t;ecmt; In'Oltl1 ta111
ocur 111'Oltl1 tete cu h111'Oltl1b mt;hElna 1m In cl11ce'O 11an'O,
OCur com 1 cat; et;up}1u.
m ára In'Oltl1 tmn OCU1' In'Oltl1 lete, ICaL: 1t1'Oltl1 ter& 'Oa
/6'11mn'O ar a}1 t;Ur, OCU1' t;ecmt; co h1t1'01111b mdlFI11a 1m 111
t;per 11an'O, OCU1' comlcm; et;a}1}1u.
mara In'Oltl1 taln, ocur tet!, OCUf mt;hElna, 1m ech,
'Oa 11mn'O 'Oaen }1mn'O 'Olb 1"111 j ICmt; 111'01111 ta1t1 cet}1l11mtl
ar a}1 t;Ur; OCU1' t;eCa1t; In'Olt11 tmn co h111'Oltl1b mt;hE111a
:1.0 1m tet, ocur comícat; et;a}1}1u.
ma1'a In'Oltl1 lain OCur In'Oll11 mt;hE1t1a mt mm,ICat;
1t1'OI11e laín 111 let at;a a}1 rcat 'O1}11 arr a}1 t;Uf, ocur
t;ecmt; co In'Oltl1b alt151na 1m 111 tet m;a a}1 rcat Q1t;hEl1la,
ocur com1Cm; et;a}1}1u.
..r mara 111'OIUI tete, OCur mt;hElna l11t an'O, t;}11 }1an'Oa '00
'Oenum 'Oon mt;hE111 al1'O j Icat; 111'OIUI tetl ql1an ar a}1 t;Ur,
OCur t;ecmt; co 111'OIUlb mdlElna 1m 'Oat;pwn, ocur comlcat;
e1:ap.p.u.
1 Four partø a>-e to be made of the compensation. The 1\18., E. 3, 5, is either de-
fective or corrupt here, as while stating that four divisions lIl'e made of the com-
pensation in this special case, it speaks immediatel). after of a se\'enth part, as if
the division had been seven-fold.
THE nOOK OF AICILL.
4-15
If it be cattle of full and cattle of compensation that are THE BOOK
in question, the cattle of full pay six-sevenths out of it at AI
::'L.
first, and they come into shares with the cattle of compen-
sation for the remaining seventh part, and they pay equally
between them.
If it be cattle of half and of compensation that are in
question, four parts are to be made of the compensation l ; the
cattle of half pay three parts out of it at first, and they come
into shares with the cattle of compensation for the seventh
part, and they pay equally between them.
If it be cattle of full, and of half, and of compensation that
are in question, for injury to a cow, five parti) are to be made
of the compensation then; the cattle of full pay two parts
out of it at first, and they come into shO/ì'es with the cattle
of half for other two parts, and they pay equally between
them; the cattle of full and the cattle of half come into
shares with the cattle of compensation for the remaining
fifth part, and they pay equally between them.
If it be cattle of full and cattle of half that a1'e in questwn,
the cattle of half pay two parts out of it at first, and they
come into shares with the cattle of compensation for the
third part, and they pay equally between them.
If it be cattle of full, and of half, and of compensation toot
are in question, for inju1'y to a horse, two parts are to be
made of one part of them; the cattle of full pay one-fourth
out of it at first; and the cattle of full come into shares with
the cattle of compensation for another half part, and they
pay it equally between them.
If it be cattle of full and cattle of compensation that are
in question, the cattle of full pay the half which is for 'dire'-
fine out of it at first, and they come into shares with the
cattle of compensation for the half which is for compensa-
tion, and they pay equally between them.
If it be cattle of half, and of compensation, that are in
question, three parts are to be made of the compensation
in the case; the cattle of half pay one-third out of it at
first, and they come into shares with the cattle of compensa-
tion for two-thirds, and they pay equally between them.
\
1
, "r;
4 3
Þ1.-.
Îf'
, jLfV 1/11\.
1V
';t\-
446
Lebat"!. atcte.
THB BOOK O:nmo:n'Oo: 0: fUtl 'Olpt OCur mt;hEln r'n; OCl1r mo:ro: (Ln-
OF
AICILL. mo:n'O tm'Oo: fm rmo:cht; OCur md)Eln, O:Ct; mo: t;att; cett;pt
cm:;pU matrTlaã ,t;hE1nO: '00 rmo:ct;, tr O:pO:'OU t;}'eOIt; cet;O:p-
'00:; mo:ra CUt;pUmur 0: rmo:ët;o: OCur o:n att;hEtn, '1' o:pcrnu
" t;reOIt; 'Oto:bult;o:.
1TIo:ra mo 0: rmo:ct; o:no: 1n md151n, ocor 111 fUILtt; cmql1
cUt;pUmmr no: ll((1t;hE1nO: '00 rm((Ct; o:n'O, no mo:ro: mo anmt;
cmqu cUt;pUmU1r no: 1WIt;hE1n0: U11 ann, 1n t;mnmpmn'Oe
Ember 1n mt;hEln [1] rmaCt; OCur an mt;hE1n, copub em
o t;mnmpmn'Oe hlr1n bel' acut; O:ft tn'OtUtb mt;hEtno:; OCur ((
fUtt an'O 0 to: pn o:mac 0: ft01n'O o:ft '00 ; 0: let; 'OtC '01n'01Utb
lúln ar ap t;Ur; t;ecmt; tn'01Ut túm co hln'01U1b leltt 1m let.
OCur comlcm; et;al1.pu. "Cecmt; In'Otttl lmn OCur 1n'OIUt
let1 co h1n'Olttlb mt;hE1nO: 1m tn ftam'O at;o: o:p rcat mt;h-
lÐ 5tno:, ocur comlCat; et;o:ppu.
mo: ro relbac bo 1m'00: o:nn, ocur relbaè o:en bo; ma'O
recrt 0: 'Omp fep no: mbo tm'Oo: no: lelcfeo: 1 cUtb'01Ur CUtCt
fep no: h({en bo, OCur t;apEm'O fep no: haen bo t;to:ct;a1n 0:
cU1b'O IU r,
c
noco nupmlenn '011Ee;; atp fep na mbo tm'Oa
1D 0: leco'O 0: cUlb'01Ur CUICI, manab ml '00 bu'Oétn; o:ct; tca'O
feft no: o:en bo cut;ftumo: fte feft no: mbo 1m'Oa.
ma lClct;; fep no: mbo 1m'00: 0: cUlb'01Ur cmcl fep na
ho:en bo, 11)'Ore01'o:t; let; co bpelt;emmn 'Oá fir C1n'Oar tcfatt;.
1re'O 0: 'Oe1p bpelt;heo:m : noco tHco:nn fep na haen bo act;
, cuqlUmo: pe ho:en b01n 0: commClnt;o: o:c flP na mbo tm'O({.
1TIara In'Olte la1n, OCur le1'(;I, OCur mdlE1na, o:c mapba'Ò
1n apcon anpO:1't,Cel'Cp1 panna '00 'Oenum 'Oon mt;hpn ann;
cet;hpU1mt;1 ocur oct;ma'O 'OtC 'Otn'Ot11b lá11l ar aft t;Ur, ocu)'
t;ecmt; 111'0111 lá1n co hl11'OIUtb let1 1m cetpu1mt1 OCur 1111
l' .4nraith '-poet.-" Anruth, nomen secundi gradus poetarum."-CQI.mac',
G /uIßm?J.
THE BOOK OF AICILL
447
These are animals for which there is 'dire'-fine and THE BOOB:
compensation; and if they be,..{ animals for which there is AJ
:;'J_
J
'smacht'-fine and compensation, if the' smacht'-fine be four -
times the amount of the compensation, they are disposed of
like 'seds' of quadruple;& if their 'smacht' -fine and their .Ir. They
d lik ds ' f are grada-
compensation be equal, theyare--dispose of e' 6e 0 tiom qf
'wù'of
double. quadrupk.
If their' smacht'-fine be greater than the compensation,
and the' smacht '-fine is not four times the compensation in
the case, or if more than four times the compensation is in
question, the proportion which the compensation bears to
the 'bmacht'-fine and the compensation, is the proportion
to be paid b for cattle of compensation; and what there is b Ir. Wit4
from that out is to be divided in t\\ 0; the cattle of full thu.
pay half out of it at first; an{l the cattle of full come mto
Bhares with cattle of half for the othcr half, and they pay
equally between them. Cattle of full and cattle of half come
into shares with cattle of compensation for the part which
is for compensation, and they pay equally between them.
If there be an owner of many cows, and an owner of one
cow; if what the owner of the many cows says is, that he
will not permit the owner of the one cow to come into shares
with him, and the owner of the one cow offers to come into
shares 'With him, and the law does not compel the owner of
the many co",s to allow him to come into shares ",itb him,
unless he likes it himself; but the owner of the one cow shall
pay as much as the owner of the many cows.
If the owner of the many cows permits tbe öwner of the
one cow to comc into shares with him, they shall proceed. ·
r. Go
B k I T ""t4!1 0 1l-
to a rehon to now lOW they shall pay. \, hat the Brehon
says is :-" The owner of one cow pays only a portion equal
to that of anyone cow of the same nature with her which
the owner of the many cows has."
Hit be a CCU3C of cattleoffull, and of half, and of compensation
together, killing the chained dog of the' anraith '-p9Qt, I thecom- 1.-1
pensation in the ca.se is to be divided into four parts; the cattle
of full pay the fourth and the eighth out of it at first, and the
cattle (1f full come into sharcs with the cattle of halffor onp-
cf,O'W rz.q;
448
ebap. a,de.
THE BOOK octmJa'O, ocur 1m comkm; et:up.p.u, 'CeCQ1t: 1t)'01Ue tam
AI
LI.. ocur In'OIUe let:e co 111'Oltt1b mt:hElna 1m an cet:hp.aman
m;a ap. fcat: mt:E111a, ocur com1Cmt: et:ap.p.u.
mar a 1n'011e ta111 ocur In'Oltl1 lete, Icat: 111'OIUe lam
S" cet:hp.U1mt:1 ocur oct:ma'O ar ap. t:ur, ocur t:ecmt: co 111'Oltlb
let:e 1m lelt: ocur 1m rect:m<rÖ, ocur com1Cat: et:appu.
fe; "wi W
már a 111'0111 lmn ocur mt:hEI1W U1t ann, Icat: 111'0111 tám
t:eopa cet:hpU1mt:1 ar ap t:ur, ocul' t:ecmt: co 111'OIt1b mt:h-
b 'na 1m 111 cet:hpU1mt:1 m;a ap fcat: mt:hE,n({, ocul' comlcm;
10 et:appu.
mar a 1n'011e let:e, ocul' att:hE111a 011 ann, CUIC panna '00
"Oenam 'Oon nmt:hE111 ann; Icm; 1n'011e tet:e t:p; panna ar ap.
t:ul', ocul' t:ecmt: co In'OIUlb mt:hE111a 1m 'Oa pannmb, ocul'
com1Cat: et:ap.p.u.
1,,"OILer 1 norbp.etmb.
.1. Eelbl'O Epmm Ime ocur. el'cmpe pe rep neotac CplCI
ocur rect:ap. CplCI '00 Eper, CI'O ap fOP.pot: CI'O ap
pp.lmp.ot:, CI'O Etan CI'O fatac pp.lmp.m::, can 111 In'O co bar,
l1a 1UP. m bal'.
, 1\Jocu Ee1benn Epmm Ime na el'cmp.e fP.1 fe]1 naneolac
CP.ICI na recmp. cp.1Che '00 Epél', ap. pplmpot: na ap. fOP.-
P.Ot:, mara ralac pp.lmp.ot:, CI'O btan CI'O ratac fOPp.ot: j no
fOP. pp.lmp.ot: m]1 bU'Oe1n, CI'O ratac CI'O Etan j be1bl'O Im-
up.p.o fOP. fOPp.ot:, mara Etan pplmp.Ot: j ocur ma '00 cum'O
. rop. fOP.p.ot:, ocur E1o:n pplmp.ot:, fep. t:e1t:e '01 p.ot: ap. fCI}'
1mt:ect:a, rlan act: n; epte U1111m 'Oe, 1'lan he co bar, Ocur
tp.1Un In'O 1UP. mbar.
One-ei!lhtl,.- The lriøh is . oDe-seventh,' which is plainly wrong.
THE BOOK OF AICILL.
449
fourth and one-eighth, and they pay it equally between them. THE BOOK
The cattle of full and the cattle of half come into shares AI
:;'L.
with the cattle of compensation for the one-fourth which
is for compensation, and they pay it equally between them.
If it be cattle of full and cattle of half t!utt m.e in question,
the cattle of full pay one-fourth and one-eighth out of it at
first, and they come into sha1'es with the cattle of half for
one-half and one-eighth, and they pay it equally between
them.
If it be cattle of full and cattle of compensation, that are in
question,S the cattle of full pay three-fourths out of it at first, k Ir. In it.
and they come into shwi'cS with the cattle of restitution for
the fourth which is for compensation, and they pay it
equally between them.
If it be cattle of half, and of compensation, that are in ques-
tion,S the compensation is to be divided into fiye parts then;
the cattle of half pay three parts out of it at first, and they
come into s!utres with the cattle of compensation for two
parts, and they pay equally between them.
H7wt is lawful in deer judgments.
That is, fence and notice always take eflect against a
person having a knowledge of the territory and of the pads
outside of the territory, whether upon a bye-road or a high-
road, whether the high-road be clean or dirty, and there is
no fine b for it until death, or after death.
Ie. Thing.
Neither fence nor notice takes effect at any time against a
man who has no knowledge of the territory or of the pm.ts
outside of the territory, upon a higv-road or upon a bye-road,
if the high-road be dirty, whether the bye-road be clean or
dirty; nor upon the high-road itself, whether dirty or clean;
it takes effect, however, upon a bye-road, if the high-road be
clean; and if he went upon the bye-road, the high-road being
clean (i.e. if a man goes off the road through fatigue in tra-
velling), tllae is exemption for injltries to lâm, but so as
his lif
be not lost-exemption until death, but there is vltl!}
one-third pcnalty for him after death.
VOL. III.
2(;
:}C ,..... u't't,{,.....t h
. tY {t- .,jA,1M)
lJ....
c>"rlu *,,11.1'/('" [,".AM
M
f
1r
'(1IJ "f,
[Vj
J
r
l .. '-'" "-
'.... \
( 'J.) ,
ft
1, W,....,
450
lebap. mete.
TilE BOOK
OF'
AICILL.
CCneotac 1n 'OU1ne plr ap fOEta'O an'O, ocur l111e ocur er-
cml'6 U1t ann; ocur 1'el1'e'O 111'0 a 'OUat5ur aneotur, ocur
relre7) mt6 a 'OlIat;stlr l1emctu1111'ln na ercmpe; cona'O
t:p1Un 1n'O 1ap mbar. 'Cp1Ul1 111 1an '0111e La mt:h5H1 on CU1-
;; 'ê15 et:6et;a, no t;pmn nO: mt;hF;lna on CU1t15 cuëmpe
t;ect;a.
CC bent ani, ut;bmtt reOI1, quan 'OIP6 up al1paet;; eptl'O
t!u'O annr'n.. t,tlUn '01pe Ipn nmm'01111Ut;m'O '00 p1ne t;eèt;
'Ou1t Ime a celte, manub 'Oa ret; conmpe 110 celme. manub
Ic'Oa ret; C01W11l6 .1. In P1l1m11Ot; 110 celme,bmte 1 celmmfjenn
cae Irln n[t]mëe, um}1 noco neptenn ua'Oa al1'O }'1n. 1me cen
ercmp.1 t111 ann, ocur aneotaë 1n 'Oume p.lr ap. fOEta'O anl1 ;
Ocur let 111'0 Cll barr a 'OUatEur aneotm1" cona 'Oa quan
In'O W11 mba1'. OCllf noco Eaba1t 111 t;}1mn t;Ua1' 1n'O, UCt; a
/. -EClbmt 011 1'el1'e1) 1'u; UCt; m11en1 m:u 111 1'el1'e1) 1'un'O 1a1t
mbu1' u 'Ouul;sur a ((1\eotul1" C01P. ce l1a belt 1'el1'e'O mte In'O
a 'Ouat;:;ur l1emclO1}'t;ec11t;a l1a herCm}l6; conu'O amlal'D
rm '1' t:p.wn wp. mbar. 'CP.Wl1 1n tan '01P.1 1'0 1mll111l0 on
blP. m1t111t, no 'OU 't:;}11an 1n te'ê '01P.1 on cU1'êIE cucmlle
10 6 t:echt;a, no 'Oa t:p.1an na mt:h5,na on cutmp.e t;eet;a; tan
'01P.1 p.e t;aeb an::h;;:;lnu on bl}1 mllml a fmc1, cen nne cell
e1'cmp.e, CI'D 1m bOln CI'O 1m et. Cen;. e1'cmlle, ocu1' ma t:a
"
1me, '1' tet; '01P.1 la wt:hEln ; ma t;wt map. a6n, 1me ocu1'
e1'Cmlle,lrtán.
,\Ï__
13 111 u1'a blP. mp.ml In11 fwce ocur '01 p.mn'O, cetp.tl1m'ê1 '01111
P.6 t:aeb ({1t:hE111a ann 1111 '011111e, ocur 't:;}1wn '01P.1 11e t;aeb
mdlEI11a 1m bOln, oct1f 'Oa t:llmn '01}lI}1e t;aeb ({1t;h51na
1 /fit u'as ..at ill his ,jjr",'t palh. That is, such is the rule if the fence be Dot in
his direct path, i.e. be'3use h:s death is not the direct, imme,liate result of the pil-
{,dl; i.e. he was himself suilty of contributory negligence.
THE BOOK OF AICILL.
451
In this case the person who was injured has no knowledge THE nOOK
of the territm.y, and it is a case of "fence and notice": and AI
.L.
there is one-sixth 'dire'-fine for him through bis want of
knowledge, and another sixth on account of not having heard
the notice; 60 that there is one-third for him after death.
The'i'e is one-third of the full 'dire' -fine with compensa-
tion from the owner of the unlawful pitfall, or one-third of
the compensation from the hunter who owns the lawful r,}.t
'ft7'
pitfall. a a Jr. The . 1
Wh . t . . d 1-.
-l:
À th O d f ' 1 . , fi ,L' pitfall of f -
""",,1-1
.
re
IS
I "
, one- Ir. 0 (Ir
- , ne t, I
r tlUJ lalljul
Illegality; ,
of It
. One-thIrd of ' dIre -fin
z,s hunter.
/l.ø.i {'{(AJ..
(lIte for the illegality which he committed in coming over the
fence of his neighbour, if it was not in his direct path or in
his way. If it was not in his direct path,) i.e. in the chief road
or path where all walk in the green, for he does not die from
it then. There is a fence but no notice in the case tit en, and
the person who was injured had no knowledge of the tC1"1'it01'Y,
and there is one-half'dÙ'e':fine for him until death, on account
of his want of knowledge, so that two-thirds are paÙl for him
after death. And the third above mentioned is not found in it
(the book), but is infen-ed from this sixth; for, as there is the
sixth here after death on account of his want of knowledge, it
is right that there should be another sixth on account of his
not having heard the notice; so that in this way it (the
· dire':fine) is one-third after death. Now, one-third ofthis
· dire' -fine is paid for the t;t-spear, or two-thirds of the
half' dire '-fine for the pitfall of the unlawful hunter, or two-
thirds of compensation for the pitfall of the lawful hunter;
full 'dire '-fine with compensation for the set-spear in a
green, without a fence, without notice, whether for i nju1'y to
a cow or for a horse. This is when there i3 no b notice, and if b Jr. With-
there be a fence, it (the pe1wlty) is half' dire' -fine with &Ut.
compensation; if there be both, a fence and notice, it is a
case of exemption.
If it be a case of a set-spear between a green and a wild
place, one-fourth of 'dire'-fine with compensation is due ill
the case for inJu'i'Y to a person, and one-thirù of'dire'-fine
with compensation for a cow, anù two-thirds of' dire '-fine
YOLo III. 2 G 2
45
tebatt U1cte.
TIlE BOOK 1m ec. Cen 1me cen e1'cmfle 1'm, OCU1' ma t;a 1me, '1' tet;
01'
AICILL. cacha flmn'01 ; ma t;mt; mafl aen, 1me ocur e1'Cmfl1, 'r tán .
ma1'a b1fl a1flmt 1 rte1b no 1 n'01flmn'O, cet;hflmmb na
cet;hflU1m151 'Olfl1 ta t;aeb nmt;hS111a an'O 1m 'Oume, t;)lwn 1n
S't;flwn '01pe pe t;aeb nm15S1na an'O 1m b0111, ocur 'Oa t;)lwn m
'Oa t;pwn '01P1 pe t;aeb nmi5E;111a ann 1m ec. Cen 1me cen
ercmpe m:;á 1'1n; ocu1' ma t;a 1me, 'r let; caca flmn'01 ; ma
t;mt; ma)l aen, 1me ocur arcmpe, 1rtán. let '01P1 La t;aeb
nmt;hS1na on cU1t;1E cucmpe et;ect;a 1 rmche, cen 1me cen
/0 e1'Cmp1, C1'O 1m b01n, C1'O 1m ec, C1'O 1m 'Oume. ma t;mt;
map aen, 1me ocur e1'cmpe, 'rtán.
má1'a cU1t;he cucm)le et;ect;a 1 rte1b no 1 11'01flmn'O, cet;-
flU1m151 nmt;hsma ann 1m 'Oume, ocur t;)lwn nmt;hE1na 1m
b01n, ocur 'Oa t;)lwn nmt;hsma ann 1m ec, cen 1me cen
ercm)le; ocu1' ma t;a 1me, 11' te15 caca pmn'01 ; ma t;mti map
aan, 1me ocur arcropa, 1rtán.
CC,t;hs,n on CU115IS cuchmpa t;ect;a 1 rmce, cen 1me cen
e1'cm)le, cm 1m bom, C1'O 1m 'Oume, C1'O 1m ec. Cen 1me cen
ercmpe 1'1n. ma t;a 1me, '1' te15 cacha pam'Oe ; ma t;mt;
2lmap aen, 1me ocur e1'Cmp1, '1'tán.
mara cU1t;1S cuëmpe tiect;a 1ti1p rmc1 ocur '01)lmn'O,
ce15pmmt;1 mtihS1na an'O 1m 'OU1ne, OCU1' tipwn nmt;hS1na 1m
eac. Cen 1me cen ercmp1 m:;a r'n; ocu1' ma t;a 1me, '1' teti
caca )lam'Oe. m a timt; map aen, 1me ocu1' ercmp1, '1'tan.
S- m a1'a cU1t;IS CUCm)l8 t;ect;a 1 rtm b no n'01pmn'O, ce15pU1m151
na ce15pl11mfu mt;hpna 1m 'OU1ne ann, ocu1' t;pwn m ti)lm
nmt;hs,na ann 1m b01n, OCU1' 'Oa ti)l1an m 'Oa t;)lm 1m ec.
THE BOOK OF AIOILL.
453
with compensation for a horse. This is the case when there is THE BOOK
neither a fence nor notice, but if there be a fence, it (the AI
L.
penalty) is half of each before mentioned portion; if there be
both, a fence and notice, there is exemption.
If it be a case of a set-spear in a mountain or in a wild
place, there is a penalty of one-fourth of the one-fourth of
C dire '-fine with compensation for injury to a person in the
case, one-third of the third of' dire '-fine with compensation
for a cow, and two-thirds of the two-thirds of , dire '-fine with
compensation for a horse. This is the ruk when there is
neither fence nor notice; but if there be a fence, it (the
penalty) is half of each portion; if there be both, a fence and
notice, there is exemption. Half' dire' -fine with compen-
sation is payable for the pitfall of the unlawful hunter in a
green, without a fence without notice, whether for 'i'njury
to a cow, or for a horse, or for a person. If there be both, a
fence and notice, there is exemption.
If it be a pitfall of an unlawful hunter in a mountain or
in a wild place, one-fourth of compensation is due for inj ury
to a person in the case, and one-third of compensation for a
cow, and two-thirds of compensation for a horse, when there
is neither fence nor notice;a but if there be a fence, it (the aIr. Wi/h-
penalty) is half of each portion; if there be both, a fence
{:::,ce,
and notice, there is exemption. no/ice.
Compensation is due from the pitfall of the lawful hunter in
a green, without fence or notice, whether for injury to a cow,
or for a person, or for a horse. This is when there is neither
fence nor notice. If there be a fence, it is half of each divi-
sion; if there be both, a fence and notice. there is exemption.
If it be a pitfall of a lawful hunter between a green and
a wild place, there is one-fourth of compensation payable for
inj ury to a person in the ca.se, and one-third of compensation
for injury to a horse. This is when there is neither fence
nor notice; but, if there be a fence, it (the penalty) is half of
each portion before mentiomd. If there be both, a fence and
notice, there is exemption.
If it be a pitfall of a lawful hunter in a mountain or wild
place, a fourth of the fourth of compensation is due then for
a person injuTed, and a third of the third of compensation
for a cow, and two-thirds of the two-thirds for a horse
4b4
Lebar- alcte.
THK BOOK Cen lme cen efCat11' m:;a r'n; '1' ma {;a lme ocur ercmre,
OF .. ... "" '" b
AICILL. 'r lan ; tWl11 nocu nelcen lmme cun cucm11' {;ec'Ca 1 rt61 no
1 n"Ol11mn"O. Ocur '1' e aen 1tJa"O 1 n1561b611n 1511eím ercm11e 1
necmmr lmme; um11 15elbl"O 1511elm lme 1 l1eCmatr ercm11e,
ð ocur f., 1561benn efCm11e 1 necmmr lme.
"00 15aba111n tan tl1t Umt;h,b 1 rmël ; ocurnoco lWEaba11
In tan Ult uaÔb Ullt, It;l11 rmHl ocur "0111atn"O, no 1 rlelb,
no 1 n"Ol11atn"O at;a, aët; a 5abmt on CU1Ô cuëm111 et;echt;a.
Canal' a n15aba11 t;eo11a ce
11Ulmt;1 "0111' m:;a on bl11 m11mt
I It;111 rmte OCt1]' "Olpam"O 1m "OUlne 1 11' ar 15abm11, on CUlr;,
ct1ëml1e et;eë'Ca 1 rarEl; um11 t;11' cumata "0111e ocur cumat
mt;h'sma m:;á umt, l'Gl11 fmr;, 1m "Otl1ne, '1' e a cet;h11U1mh
r'n In ct1mat at;a t1atÔ It;l11 rm-ël Oct1r '0111mnt1 1m 'Oulne;
C0111 no 'Oel}'l"Oe, Um11'r tan "olpl Ult on bl11 m11ll1t a fmël
lm 'Oulne, cema"O cél1ulm-ël "01111'00 bel-ë tw"O It;l11 rarE1 OCU1'
'0111mn"O 1m 'OUltJe.
Canal' a nöaba11 In t;11'an "0111' U1t on blP. m11mt It;lP.
ratÔ OCur '01p.mn'O 1m bom 1 11' or Eabmp., on CUlt;I15 et;eë'Ca
{;aU 1 rmël ; ump. 'Oa ba '01P.l ocur bo mt;hElna Qt;a um
1
aU 1 }::mël 1m bom. 11' e a t;p.lan r'n m bo mt;h15,na m:;a
umb It;l11 }::mël ocur '01p.mn'O 1m bOln ; C01P. no '0611'1'Oe, ump.
IT'tan m:;á 0 blP. mp.l11t 1 }::mël In bo, cemu'O t;p.tan '00 b61
11a'O It;lP. }::mël ocur '01p.mn"O 1m bom.
Canal' a n15abap. In 'Oa q1tan '0'11' m:;a 0 blP. mp.ll1t It;lP.
;1..írmël OCU1' '01p.mn'O 1m eë 1 11' a1' Eabmp, on CUltl CUëatJll
1 But iftltere be a fence and notice.-The Irish for "a fence and" must have
been introduced into tbe 1\IS. by tbe mistake of a COP) ist, a
appears from the ncxt
clause.
THE BOOK OF Á[('ILL.
455
This is the ca.'Je when there is neither fence nor notice; but THE nOOK
if there be a fence and notice,. there is exemption; for a fence ÁI
I
L.
is not necessary in the case of the lawful hunter in a moun-
tain or a wild place. And it is the only instance in which
notice takes effect without a fence; for a fence takes effect
without notiæ, but notice does not take effect without a fence.
The full fine which is clue from them in a green is found
in law books; but the full fine which is clue 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.
Whence is it derived that three-quarters of' dire'-fine
are clue from the o'U'nm' of the set-spear v'hen between a
green and a wild-place for injw'y to a person 1 It is derived
from theruw respecting the pitfall of an unlawful hunter in
a green; for it is three' cumhals' of 'dire '-fine, and one
'cumhal' of compensation that are clue from the OW1UI. of it
in a green for inj u/'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 injU1'Y to a person; it is right from this, that
as it is full' dire '-fine that is due from the owne1' of the
set-spear in a green for injury to a person, it is the fourth
of 'dire '-fine that should be cllte from it between a green
and a wild-place for i7'ljUT1J to a person.
Whence is it derived that the third of 'dire' -fine is clue
from the owne1. of the set-spear 'when between a green and a
wild-place for injury to a cow 1 It is derived from the rule
respecting the unlawful pitfall within the green; for it i.q
two cows of 'dire' -fine and one cow of compensation that
are d'ne on account of it when within the green. The
third of that is the cow of compensation that i<; due on
account of it when between a green and a wild-place for
inj u1 "Y to a cow; it is right therefore, that as full fine is due
from the owner of the set-spear in a green for injury to a
cow, it is a third of it that should be d'ue from the o'wnei" of
it (tlu set-spear)
vhen between a green and a wilù-place
for i7'ljury to a cow.
Whence are derived the two-thirds of' dire '-fine that are
due from the owne1' of the set-spear 'when hetween a green and
a wild-place for i1/jU1'Y to a horse 1 They are derived fl'Om
45G
tebap. a1cte.
THE BOOB: et;echt;a taU a rmC1, ump capatt mt;hE1na OCur capaU
AI
:LL. 'Owbta m::;a umt, t;aU 1 1'a1C1 1m ec; a 'Oa t;p1an I'm 1n
capaU mt;hEtna at;a U<<1t1 1t;1p 1'mt1 ocur '01pmn'O 1m ec;
C01p no 'Oelr1'Oe, ump tall 'OIP1 m::;a on b1p mp111t I 1'mC1 1m
ð-eé, cema 'Oå t;pwn '01Pl '00 belt UQ'O 1np 1'mt1 ocur '01p<<1n'O
1m each.
mar a 'OU1ne mte po CU1p1ft;ap111 'OU1ne'01n'OeU a mp111t.
act; mar e In t;11la'O a 'Oubmpt; 1'ep bUna1'O plr a 1n'OeU po
lIl" D1U r Um he, no lna'O '1' com'Ol1SCec p1r, '1' a comIC 'OO1b
10 tne1ch 'OteEap ann.
mar a 'Ol1p;ecu 111 t;1na'O ap111'01UrUm 111á In t;1nm> a
'Oubpal> Plf, 111 cUq1uma rCl11plr a 'OtlEei'> 'OoftJm 'Oe cupub
'Oe 1'etn rCU1per.
ma puc 111 pal> telr 111 cep no 1n CU1C1 ar a 111a'O, 'I' tan
C. 1643. ,
1'0 <<1cnei'> 1n 111a1'O In po mlUe'O [111 cU1tl] 'OIC 1n'O; no,
cuma'O tan 1'0 <<1cnei'> In 1na1'O 111 po 1' O Etcr5.
"Oa CU1C1 cucmp, m
1'e5ëap; cuchmp1 t;ect;a ocur cuch-
<<1P1 et;echt;a.
1n cuémpe tect;a; 111 6c CU1C1 act; In 1'1a'O Em pm ear.
C. 1642. )oOCur t;IC rln on t;pat co p<<1te. mar 'r'n [cU16] cuchmp1
C.1642. t;ecm po rOEta'O [tl1rln 01'1'], '1' 1nann ocur '00 ne
In m1t
cét; C111t;aC nn"mt;hE1n. 1Jo 'Oono cena, COrCUlpem> mepact;
a cucha1pe tet; 'Oe, ammt rCUlper mepact; a hepma tet;
'Oon ec, ocur co'Onac '00 111 a t;apcu'O map aen.
C.1642. .t.s tn CU1
IE [cucmpe] et;ect;a; '1' cUt;puma
1C CU1C1 In pm>
Ea1p me r ocur 111 pm> na ;smpmenn.
mar ac t;1aët;mn ap amur na cUlt;he t;ect;a po 1'o;smt In
pal>, 11' 111<<1111 ocu1' po 1'o;stai'> 111'Ot;1.
I In wh.ich it was damaged. This seems to mean, the place in which the trap was
placed when it was damaged, i.e. broken or removed b
' the deer.
THE BOOK OF AICILL.
457
the ruk respecting the pitfall of the unlawful hunter within Tm: BOOK
the green, for it is a horse of restitution and a horse of AI
:LL.
double that are paid by the owner of it when within the
green for injury to a steed; the two-thirds of these is the
horse of restitution that is clue from the owneT of it when
between a green and a wild-place, for injuTY to a steed;
hence it is right, that as there is full' dire '-fine from the
owner of the set-
pear in a green for injury to a steed, two-
thirds of 'dire '-fine should be paid by the owneT of it when
between a green and a wild-place, for injury to a steed.
If it was another person the man sent to set his trap,
and if he set it in the place where the owner desired him
to set it, or in an equally lawful place, they (the owneT and
sctteT) shall pay eqmJIy what is incurred on account of it.
If the place where he set the tmp is more lawful than the
place where he was told to set it, the portion of fine which
its more lawful position a takes off him is taken off himself- Jr. Law.
only.
If the deer ha'l carried off the stock or the trap out of its
place, fullfine is to be paid for it according to the nature of
the place in which the trap was injured; or, acc07'cling to
others, it may be full fine according to the nature of the
place in which it was damaged. l
Two traps of hunters are taken into consideration; tlwsc
of the lawful hunter, and of the unlawful hunter.
As to the lawful hunter; there comes not to him but the
deer which he rouses, and it comes from one time to another.
If it was in the pitfall of the lawful hunter the injury was
done by the deer, it is the Rame as if an animal of first tres-
paßs did it, as regards compensation. Or indeed, according
to others, the excitement of being hunted takes half off it,
just as the excitement of its being ridden takes half off the
horse, when b it is a sensible adult that excites both. bJr. And.
As to the pitfall of the unlawful hunter; the deer which
he rouses and the deer which he does not rouse come
equally to him.
If it is in coming towards the lawful pitfall the deer has
done the injury, it is the same as if he had done the injury
in it (the pitfall).
'1f 41>" 2.1
C,t!f/t(&"). - 1'
'').'7-
(' ,
t.
710.1 C, 16M l G.,)
ma.lt
. "'T rtLC/b'llf)
458
lebart U1cte.
TüB BOOK
OF
AICILL.
mar ac
1aë
mn ar amur na cun
1 e
ee
a, 'raer rer na
cUtL-he ap. a c1n
mb, 110 co 11mb na cU1t;he; ocur 0 btar, 'r
Lan ro mcne't> na cmte 't>1C an't>.
c. 1613.
1n 't>U1ne t;a1n1C 't>o Em
1n f1croa ar 1n cm{;,E, 'rlan 't>pr
5na cU1t;he C1a rOElai'> 1n [pm) no 1n] CU1t;eC r'r; OCur 't>ta-
blai'> reola 111't>ra1C1, OCur eneclal111 't>1C '00 re rep. na
CU1t;h e.
Clb'f3
mar ar mrann po rOEla-o [111 pa'O] ae
ma mr[t;]ur he,
'r Inan'O ocu1' '00 n61ë mIllet ctl1t;ach ar 11lE1b::, 1m let; '01C,
f ocur merae
at;afmn'O rCU1rer let; 'Oe. nlana
apUr1t;111,
'rlan can 111 'OtC an'O.
C. 16(3.
an'Or um '01J1.e 'CJ1.e1b'01J1.e.
Sic.
.1. aen eneclann 'Oec m
hre;t;t;ar ann; el1eclann 'Dr ' p1n
tÈe, ocur eneclann 'Df1r 1n q'e01t;, ocur eneclal111 'DP11 na
I
Lept;a, ocur eneclatlt1 'Don
1 "Oa11 61rce'D Inlepa-o, ocur ene-
clann 'DO cae t;atreë 'DO na reë
t;mreëatb 'Dam '1' umr h
m1l1C ap 'Damrm> ar amur 111 nËI; ocur 111 naenma'D r<<nn
pch1t; 'DO caë eneclmnn 'Dlb 'Dpr 1n nËt, cenmot;a rer In
reOIt;, ocu1' rear In re01
ocur rer na lept;a; ocur lepai'>
:w 'Dtler Ut1 <<IC1 ann, U<<1r mun bu't> e-o 'DO bta't> nÎ U<<'D. OCUI' 'r
arE abm r;1n naenma'D r<<nn PChlt; c<<c enect<<1n111 'D1b 'Dpr
In t:1Ëe. bert; 'De ré
Eabl<< ar mUtl1 'D'r' 'DO caè t;uI1t;reb, .1.
br el t;hemnmp:; e r rét; 'DO Eab1uEa-o fOP, mUlll a eneclmnm
'Oon
1 r'r 111 t;olt;an<<ë bIt; 1n<< t;reb; 1n fin In a611mai'>
---
2'pann PChlt; eneclml1111 0 cae pr 'Dlb1'um 'Dpr 1n t;lg" cel1-
mot;a fer 111 t;re OI t;. 1r ar E<<bmr << b61t; co mOrre1rear
Ina t;UrorEmn en'Oac enEe, [.1.] arren enecl<<nn c<<ëa P111m- E&vê
^ 1
1 A beast of halftrespcus.-c. 1643 has "a beast of first treBpass." 'I' /611-
· And that rifthe owner rifthe 'sed.'-C. 16,14 readß here, "UUlP. mcrò elf1'i>e If
top. '00 a ret; '00 Salt; ua'i> em eo P.aI b m uai>; for if it b. he, it is enough for
him that his' sed' has been stolen from him, without IDlJ thing being paid by him."
s And !hat of the ollJne,. of the . sed.'-The Irish for this phrase in the MS. must
have been repeated by a mistake of some copyist. It contradicts line 2:> of page
460, and seems to have no meaning.
I. A blamekss th
.-That is, it would appear a theft fur which the owner of the
house was not in any way to blame.
THE BOOK OF AICILL.
459
If it is in coming towards the unlawful pitfall he did the THE BOOlt
inju1.y, the owner of the pitfall is exempt from liability fOT A1
L.
itß trespasses, until it is in his pitfall; and when it is, fulljìne
according to the nature of the pitfall shall be paid for it.
As to the person who came to steal the deer out of the
pitfall, tbe owner of the pitfall is exempt from liability,
though tbe deer or the pitfall should injure him; and
double the worth of the flesh, and honor-price, are to be
paid by him to the owner of tbe pitfall.
If it is while being chased the deer did the injury, and if it
be caught, it is tbe same as if a beast of half trespass. while
grazing had done it, as regards paying halfjì1.e, and the
excitement of its being chased takes balf off it. If it be not
caught at all, there is exemption from paying anything for it.
The C dire '-fine for stealing from a house is a
difficult C dire' -fine.
That is, eleven honor-prices are considered in it, viz.,
honor-price to the owner of the house, and honor-price to the
owner of the' sed', and honor-price to the owner of the bed,
and honor-price to the person to whom the bed was-g-iven, and
honor-price to each chief of the seven noblest chiefs of com-
panies wbo came on a visit to the bouse; and tbe one and
twentieth part of each honor-price oftbem is due to the owner
of the house, except he be the OWJ1er of the' sed,' 2 and that of
the owner of the' sed,' 3 and that of the owner of the bed; and
it is his own bed that he has in this case, for if it were not
there would be part" of the honm'-price due from him. And -Ir.At/ting.
hence is derived; "the one-and-twentieth part of each honor-
price of them is due to the owner of the house." There is
taken from him (the thief) a' sed gabhla '-heifer in addition to
'dire'-fine for each person willingto remain in his(the mvner's)
house, ie. there is adjudged to the person who is willing
to remain b with bim in his house, a 'sed-gabhla-heifer,' along · Ir. Tobe.
with bis honor-price; aml this is the one-and-twentieth part
of his bonor-price from each man of them to the owner of
the house, except the owner of tbe 'sed: I tß being exterulecl
to seven persons is infen-ed from itß being a blauùess theft,4 v)
i.e., the honor-price of each chief person that is i
the ban-
460
Lebar!. U1cte.
THE BOOK per}'an a}' a ml'Ocumr'O co rUtC1 morfmrer; ocur ma t:an:;
OF . 1 .. b ..
AICILL. fit '1' Ia na r1t1 '00 t:<<1reC<<1 'Oam ar 111 'Oamftu'O, 'T' t:IaC-
)(
.v".
- t:<<1n 'OO\bJ(fon rect: n..enecla1nne
ocur r mn '01t: et:arr u fO
C.16U. COm<<1ft'01 no fO le1t: <<1r'Ol. [Ocur] 111 cUt:ruma 'Oatm na )<'
" fUtl
'0011 ro rO\ch '00 cach 'OUtne 'Olb 1'011, a lei:; '00 bu'Oe1n,
l rJ.b' .. ..
L -, ocur a let: 'Oa 'Omm; ocur '00 neoc na fUll 'Oa 'Omm 1t1a
farra'O, '1' ell'tUm ber'r a CU1t:15, 'Om51r e ro ICpro a cUln5
t:re b'Ol reo
<f:1. /64-.
No 'Oono, cona beli:; act: '00 t:r1Ur; ocur '1' ar 5 abu r f1n
C. 1645. I .1. mtn or mln'O '00 5reËa, [ct11ftt:eft CO t:eopa para pu-
b<<1H bl] 7ft\:.
q,r
rIto
t/64Ç
CI'O pmepa co fU111n aenmai) pann flChlt: 'Oa eneclaml1
o cae fir 'Olb ron 'Of1r 1t1 t:IEI cenmoi:;a fer In t:reO\t:? .1. a
C.1645. 'Ou al5u l' fir In t:151 m:;a 111 'OO1br,um; [ocurJ '1' e'O fo'Oera m
I ae11ma'O ran11 PChlt: 'Oa e11ectaml1 0 caë pr 'Olb 'Opr m
t:151 j ocur 110C011 a 'Oua15ur Pft 111 nE' m:;a 111 'Oþp m t:re01t:,
act:ma'O a 'Oual5ur a reOIt: bu'Oe1n ; ocur 're'O fo'Oera can
111 U<1'O 'Of1P tn t:15'.
C.1645. Ocur lepat'O fill ro elrce'O '00 ctlam<<111, no 'OU t;[r]um:;ruc,
.p no '00 'OU1t1e mfut:1 ; ocur mun bu'O ei), noco bHl'O n1 a11'O act:-
má '00 '011' .1. 'OpP tn t:;15', ocur 'Opr 11a lepta, 110 'Opp m
t;r e01 t:.
C IhI.i7lG.)
111 b1 catteë nach cUH:;ech.
.1. m ret: COlt:ce1111 rOrm11'01 ; rlal1 '0011 'OU111e a CU1t:; fem
2,(''00 cmt:em 'Oe, CI'O f1e '061t:;b'r'Ur CI'O re 111'Oe1i:;blrtUr, cia fto
b1 1t1 rer mle 1 bmle 1 rOlre'O 1m cocar cen co 11mb1 ; aët:
att:h51t1 melch '1' erba'Oac t:;r e na 1101n'O a hlC '00 11'1' m rer
atle. CCct: na catt;ea CU1t:;15 tn pr <<111, ocur 'Oa catt;ea, '1'
1 Ifth!l horøe
are removedfrom the hill of meeting, <fc.-This is Dr. O'Donovan's
revised translation of this vel")" obscurephrase.- Vide "Senchus
Ior," vol. i., p.165.
0,. of the own,,' of the' øed.'-C. 1645 has some more paragrap11s relating to
this subject, which appear to be misplacell. They are rather fragmentary, And
from defects in the MS. are very obscure.
TilE BOOK OF AJClLL.
461
quet-house until it reaches seven persons shall be paid; and THJI: BOOK
ifthere are more than this number of chiefs of companies at AI
Ll..
the banquet, they come under the seventh of honor-price,
and they divide it between them equally or unequally.
And as to the part that is for the company; of that which
comes to each of them, the half is for himself, and the half
for his company; and as to the person who has no com-
pany with him, it is he that shall have their share, for
it is he that would pay their share of the house 'dire'-
fine.
Or indeed, according to S07ne it is extended only to three
persons; and this is inferred from; "If thy horses are re-
moved from the hill of meeting, 1 it is put to the three best
chiefs of the pavilion," &c.
What is the reason that the one-and-twentieth part of his
honor-price is due to the owner of the house from each man
of these except the owner of the stolen' sed' 1 That is, it is
in right of the owner of the house that anything is d'/UJ to
them; and this is the reason that the one-and-twentieth part
of his honor-price is due from each man of them to the
owner of the house; but it is not in right of the owner of
the house that anything is d'/UJ to the owner of the stolen
. sed', but in right of his own 'sed'; and this is the reason why
nothing is due from him to the owner of the house.
And that bed above refe1"1'ed to was given to a son-in-law,
or to a soldier, or to a particular person; and if it were not,
there would be nothing due for it except to two persons, viz.,
to the owner of the housp, and to the owner of the bed, or,
according to othM.S, to the owner of the' sed '.2
N
houkl be a spender-who is not a sharer.
That is, as to the common easily divisible ' sed;' a person
is exempt in spending his own share of it, whether with
necessity or without necessity, whether the joint-owner k was "Jr. The
. . other man.
at a place where he could have come to him to consult him
or whether he was not; but the compensation for whatever
is deficient in consequence of dividing it is to be paid by
him to the joint-owner." He must not, however, spend the
share of the joint-owner: and should he spend it, it is to
462
Lebaf1. a,cte.
THE BOOK a atrtuc ua'O co tan flaèmb 5mt;l, aèt; mun bu 'Oulne '0115 1U r
A.I
:;'t,. elpeë '00 5 a bml 'Oa èetle he; OCur mar e'O, l}'tan '00 a bel-è
atC1 pe pe 1n elpl5.
1n ret; C01t;Cenn 'Oopmn'01 ; 'rtan 'Oon 'Outne a èUIt; fetn '00
.' cattem 'Oe pe 'Oettb'Yl1Ur, ocur 111 pmb1 1n fep atte 1 batt 1
c. 1648. pot 1'6'0 1m cocap; [no cé po boi, ocuf po f1apfm'O 'Oe, '1' rtan
'00]; aët; att;h51n tnetè '1' ey'ba'Oaë 'Oe t;p1a na p01n'O '01C '00
p11"n fep atle, cen paè 5att;e.
mar pe In'Oet-èblplur po Cat'è1urt;ap he 1muppo, ce 110 b1
10 In fep atte 1 batt 1 p01rre'O 1m cocap cen co pOlbl, 110 C1'O pe
'Oettb,pIUr, ma po b1 111 fep atle 1 batt 1 p01Tì'e'O 1m cocap,
OCur tl1 'Oepnm>, '1' att; h 5tn tnetë '1' erbUlJaè 'Oe t;PI na p01n'O
'OIC '00, co tan flaèatb 5mt;! p1rl11 fep atte. Ocur 111P Cat-è
CUIt; 1 5 tn flP [atte] ann 1'111 ; ocur ma po cmt, '1' (l at}'IUC
,sum> co tan flaècub 5att;!.
11' e'O 'r e t; C01t;cenn rOpmn'01 atln, 'Oet'Oe '00 beo'Ol11b 110
'00 mapb'0111b, no aen mapb naë mel}'t;1 t05 a p01n'O.
O'Þ 'Ðott
1
C,'nLa,)
c, 1
o lli )
11' e'O 'r e t; COIt;Cenn 'OOpattl"01 atltl, aetl beo'Olt no aen
mapb"Olt '1' metrt;t 105 a pOtt1"O.
H
E
2D 1n'i)e1f1.cecll caë rnop.cu1
eë. 7LMVrJ,þWv iø.dv
.1. mar ac compeprmn"Oo pata 1m tn ret;, aèt; ma t;a'Olb
tleë '1' mo CUlt; tla celte, 1}' Itl"O elptc ua'O ar.
mar a cUt;puma a CUlt; atl'O, tr cJ1atl'Oèup "00 cup et;appu,
110 I}' p01n"O ap '00.
mar a cenn ocur memap m:;a 1m 1n ret;, aèt; mara mo CUlt;
1n C1tl'O, 110 ma cUt;puma Fe CUlt; 1n mematp, '1' an e1p1c Ua'O
THE BOOK OF AICILL.
463
be paid by him with full fines for theft, unless he is a THY. BooK.
person who is entitled to take a forced exaction from his AI:'Ll..
tenant; and if he is, he is exempt in having it during the
time of the forced exaction.
As to the common not easily divisible 'sed;' a person is ex-
empt in disposing of his own share of it, in case of necessity,
when the joint-owner& was not at a place where he could . Jr. The
d . ul d h other man.
have cunsulte lum; or thùugh he was, and was cons te, e
(the spendær) is safe; but he must make comppnsation to the
joint-owner" for whatever is deficient in consequence of the
sharing of it, without fine for theft.
If, however, it was without necessity he spent it, whether
the joint owner& was at a place where he could have consulted
him, or whether he was not, or though he did so of necessity,
if the joint-owner& was at a place where he could have con-
sulted him, and if he did not consult him, he shall make good
to the joint-owner& whatever is deficient in consequence of
the dividing of it, with full fines for theft. And he did not
spend the !Share of the other man in that case; and if he
spent it, it should be repaid by him, with full fine for
theft.
A common easily divisible' sed' means, two live chattels
or dead chattels, or one dead chccttel the value of which is
not lessened by its being divided.
A common chattel not easily divisible means, one live
chattel, or one dead chattel the value of which would be
lessened by its being divided.
Everyone who has the great share pays the' eric'-
fine.
That is, if two persons of equal rank are concerned about
the' sed,' and if there be one of them who has a larger share
of it than the other, he pays the' eric' -fine for it.
If their shares in it be equal, lots are to be cast between
them, or it is to be divided in two.
If it be a chief and a member oj a tI'Íbe that are concerned
about the' sed " and if the share of the chief is greater than
or equal to the share pf the member, the 'eric '-fine is
464
Lebap. a1Cte.
c
1f8ll. C'JU
g"E'
THB BOOK can cftan'Ocup..
OF
AICILL. et;appu.
Ca 'Oeltblp et;appu rln ocur,n bmL ro:;a: ,n n 'Ow mb,
omme In cet;hpa, 'r é
n
1:e!l ni ar'Ow palLe. 1np Lanam-
" mn ro:;a In ret; an'O r'n, ocur ap comLuEa Lanamnmr et;appu
1n'O t;1 'Olb 'Oana t;e1pCI In ceneL In'OILe r'n In e1p1C ucrn aT'
cen cpan'Oëup. Bunn ,muppo ,t;IP celln ocur memap at;a
In ret; an'O; ocur 'Oropumrt1 at;a 'Oon cln'O, cema'O mo CU1t;
In memmp 'rln ret; na CUIt;,n Cln'O, 'r cpan'Ocup et;appu.
It> No mara cUt;puma a CU1t; map aen, In epIc on CIn'O ar can
cpan'Ocup.
mara mo CU,t; III memmp, 'r cpan'Ocup
)
'to f,'t1 0
.\
.(>.oaqf l! ,0'" '998.1
i)/VOI þJI'''''1
t ,?f O
c.
glvdJ
D
D
<?
lter caé nanp.eémm. rtNv
ttv <Jhv """'./.hVV D
"D
.1. r.Lán In Ear;m'OA 7'10 mapba'O...can rLmn'OllI'O can ali3ll
,
.
-w.!
Swhvt:Ú Ð R"./) 5..J 's D I}.. I)
can caemact;u af't;lJI'5e I p l ump 'Oenma na rOELa; ocur. rLan
; l
--rD \......-
c. 1649.'
cac 'OUlne mapbi;mp m_ a pI Ct;. [ma t;a caomact;mn
f a r cm Ëi31, 'r EO t;pwn nupana 'r rLan e bu'Oem, ocur Lan
pac trtn t;t p.o mapba'O In a p,ct;.] 1n'Oe1t;eam art;mt;t
p.uca'O ëU1CI ann rln j no mafa 11l'Oeti3eam mapbta puca'O
CUICI, ma po bl caemact;u aft;alte cen co pOlbl, 'f co
1< t;pwn 'rLan he bo'Oeln, ocur Lan pac no Lei; rmc tfln n
110 mapba'O In a PICt;.
1 n ump 'Oenma na roÈLa fIn; oCllr ma rect;ap lIalp 'Oen-
ma nu roÈLa, Ct'O pun mapbi3a CI'O pun aft;al6, 'r co t;p1Un
nup.ana tT'Lan he bO'061n, ocuf Lei; pac tfln t;1 110 mapba'Õ
v In a Plct;. 1n ump 'Oenma na rOELa fin ; ocur ma fect;ap.
U{{IP 'Oenma na r05La, act; ma t;apaf bait; In a Lmm, 'r
amU1L Eat;aI'Ol he In Ualp 'Oenma na rOELa, ro alcne'O In In-
'Oelt1m puca'O CU1CI, CI'O tn'Oeli;em mapbi3a CI'O 1fl'Oe1i;em
aft;m i3,.
I Loú are to be cmt bdUJeen them.-O.D. 2003 antI C. 1654 add two paragrapha
here, which appear to be out of place.
2 On account of e"ery person kill.d in hi. guise. The Irish words translated" in
his guise," do not impl) a third party supposed to have been the thief, hut the thief
himself not taken in the fact but believed by the slayer to have committed the theft.
TIlE BOOK OF AICILL.
465
to be P aid b y him without castin a lots. If the share of the THE BOOK
o &
member be greater, lots are to be cast betwee
them. I AICILL.
What is the difference between these cases, and where it
C II ' :lJuv
is said; "the person who has fewest cattle is he who pays out II Z 30
of it to the other"1 The' Red' is between a related pair in
tJ.lat case, and it is to equalize the connexion between them
that the person who has fewest of this species of cattle pays
· eric' -fine for them without casting lots. Here, however, the
· sed' is between a chief and a member; and it is on account
of the rank of the chief, that, although the member's share
in the · sed' is greater than that of the chief, lots are to be
cast between them. Or if the share of both be equal, the
· eric '-fine is clue from the chief without casting lots.
The life of every law-breaker is fully forfeited.
That is, it is lawful to kill the thief without Rftffie, who is
N
not known," when there is no power of arresting him at the "11. With-
time of committing the trespass; and he (the slayu) is exempt ,;".l-now- _J-i.-v. 0 t....h.
on accozmt of every person killed--iB lH& gffise.2 If there "!{....".{.... "'J "r,f
is power to arrest him, he is exempt as far as one-third
of the excess on account of lM man himself, and there
is full fine on account of the person killed in his guise. It
was his (tM slayer's) intention to have arrested him b in that bIr.Ani..-
case; or if it had been his intention to kill him, whether '
nJio , ". of
. . arre
Lng
he were able to arrest hIm or not, he 18 exempt as far as him was
one-third on account of the man himself, but he pays full t: g1u to
fine or half fine on account of the person killed in his guise.
This was at the time of committing the trespass; but if it
were at a time different from that of committing the trespass,
whether he intended to kill him or to arrest him, he is
exempt as far as one-third of the excess on account of the
nan himself, but the1'e is half fine due on account of the
person who was killed in his guise. This was at the time of
committing the trespass; and if it were at a time different
from that of committing the trespa.<;s, and if the stolen
propertye was found in his possession/ he is cOlz.sidered as a e Ir. Thifl.
thief at the time of committing the trespass, and the fine dIr.Ilund.
sh(tll be according to the intention that wa" brought to him,
whether intcntion of killing or intention of arresting.
VOL. III. 2 H
4GG
Lebap, mete.
THE nOOK
OF
AH'ILI..
m ara 1'ecmp. ump. 'tJenma na fOFla, ocu1' ni mp.an;an:;
III a lwm, CI'tJ 11un map.bdw cm p.un arL01t;1 p.uca'tJ CUlCI, 11'
CO "CP.1011 11'1011 he, ocur lan pac lf1n "C1 po mapba'Ò na
P.IC"C.
.' 111a "Cap.u1' ba1"C 111 a 101m, 11' comap.'tJuEa'Õ 1"C1P. 'tJ1P.1 na
EW"C1 "Ca)lur 111 a lauil ocu1' 111 'tJa ql1an COIP.p'tJIP.1 U1t 1n\) ;
ocur CI\) be \)lb ac a mbe Imarcp.01\) ICa\) pe cel1e.
-
__...1,.. -f.
.,.' L.IOIJr
E
,U/ a,
O'/J øq
1111111(( "Cap.ltr'Sa1"C 1n a 101m, 11' conwp.\)UFa'Õ 1"C1P. pac
mW'Sl1e 110 Im11w'tJ[ne] na Fa1"C1 ocu1' 1n \)a "Cp.1On C01P.p-
1 0 \)1)l1 ; oCllr CI \) -be ;,
ac a mbe In Imap.cp.01\) Icem p.e
cel1e.
E,G..O'fj
11I
111 a "Cap.u1' amm an\) bu\)é1n, a Im\)enUm \)0 In 'Sa1"C p.I1' a
La11l1C, OCU r cÕmã)l\)tlFa'Ò 1"C1P. pac mmì:;ne no Im)101\)[ne]
na ba1'L1 1111' 1 "Cál1l1C, ocur 1n \)a "Cp.1On COIP.P'tJ1111 ult-l n\) -
,ó1' ll1 m; ocu1' CI\) be \)Ib ac a mbe 1n Imap.cp.m\) Icem p.e
celle.
mana "CaJlu1' anum an\) bU\)eln, ac"C ma"Ca rap. comEmma
alCI, a Im'tJenUm 'tJo 111 'SaI"C p.I1' 1 "CalIl1C ; ocur comap.\)u5 a 'Õ
1"C1P. flOCh T1lalEne no 1.!!l11Q;I:r>l ne] na bal"C1 p.I1' 1 "Ca1nIC, ocu1'
. -
o 111 \)a LP.1011 C0111p\)111e \111 ann; oct11' CI\) be \)lb ac a mbe In
Ima)lcp.m\) ICa\) p.e c}leI1e.
c. 1650. mana U11 fep. com5mma mCII"C1p., [Oct1r 111 "Cap.p.u1' mmm
an\) bll\)el n], CJlWl\)CUP \)0 cup. e"Cap.p.u co fef"Cap. 111 5Q1"c
C.16:;O. 1111' 1 "Ca1l1C; Ocur [0 p.o fef"Cup.], comap.\)t15a'Ò 1"C1P. pac
C. 16':;0. 15 ma1 5 ne no Imp.W\)[l1e] l1a b01"C1 'tJO P.oC01P. mp., ocu1' In 'tJa
"CpWtl C0111p'tJlpe U11111'tJf1Um ; ocu1' CI\) be 'tJ1b aca mbe In
ImapCJlm\) ICm\) p.e cel1e.
111 a 1'e fpeqla 111 5(("cQ1'De co l1a pat:a\) 11'1n b011e a p.01be,
1 IIa" the exeeM. That is, ha
incurred the greater fines.
· F/"Om. Fur 'If. of the text, C. 1650, reads · fech,' beyond.
THE DOOK OJ<' AICILL.
4(j ï
If it were at a time different from that of committing the THE Bool,
OJ"
trespass, and if the stolen property" was not found in his AICll L.
P ossession,b whether he intended to kill him or to arrest l.im, ,
.Ir. Thy..
it is as far as one-third he is exempt, but the full fine is pay-
b II Ir. IIUI.d.
(t le for the person killed in his guise.
If the stolen property& has been found in his possession,b
there is a balance to be struck between the · dire '-fine for
the stolen propert y 8 which was founù in his possession b anù
the two-thirds of body-fine which is due for it (the inju?yto
the thief); and whichever of them has the excess I pays the
difference to the other.
If the stolen propertyI' has not been found in his posses-
sion/ there is a balance to be struck between the fine for
precinct or the in ten
n of stealing, and the two-thirds of 'I,47t
body-fine; and whichever of them has the excess pays the
diJ1erence to the other.
If he has himself been found still alive, he shall prove the
padiculco' theft for which he came, and a balance shall be
struck between the fine for precinct or the intention of the
theft for which he came, and the two-thirds of body-fine
which is payable to hirri; and whichever of them has the
excess pays the diffe?'enæ to the other.
If he has not been himself found alive, but if he has an
accomplice, he (the Zettte?') is to prove the lJU?'ficvùw theft
for which he had come; and a balance shall be struck
between the fine for precinct or the intention of the theft
for which he came, and the two-thirds of body-fine which is
lJayable for it; and whichever of tbem has the excess pays
the diJJèrence to the other.
If he bas not an accomplice, and was not himself founù
alive, lots shall be cast between them that the theft for which
he had come may be known; and when it is known, a balance
shall be struck between the fine for precin
t or the intention
of the theft which has fallen on him by lot, and the two-
thirds of the boùy-fine which is due to him; and whichever
of them has the excess pays the dijfàence to the other.
If it be the answer of the thief that he would not have
gone from Ii the place where he was, he has to prove that he
vOL. III. 2 H 2
468
teba11. atcLe.
THE BOOK '1' a 1mllenUm "00 co na paca"O ar m bmte 1 p01b" ocur lIa
OF
AICII.L. t;pwn C01pp'tl1P1 "O'c 1nll.
mar e a fpecpa co na pacall 1'eoc 1n etai'> no 1'eoc 1n
copm"O '1' nef(( "00, a 1m"Oenum "Oon n PObl 1na lIeÈm"O co
t' na p01be caemact;a ajCarð1 mC1 ; ocurrtan can ni 'mll; ump
acht; elq:j1'tl lIO pome. Q/
O;o
DJ
11' "00 'rtán m Ecrcwi'>e lIO mapba"O, lion lIUtne fOP a t;amc
"00 EWt;, no "OltEer 61p1C lf1n nEwt;.
már e 1n "Oume fOP. na t;amc "00 Eatt;, no na "OttE1"O 61plC
'0 'rm nEwt;, '1' tan C01pplI'pe 1n a mapbai'>, ce b61-G caemact;u
ar"GW-G1 ceJ1 co be. No, CUma"O <::;1'tan"Oo cae "Oume amapba"O,
O'D.2001. Inp "Oume fOP a t;wmc ["00 Eat<::;], ocur lIume fOP. na
t;w mc.
1 l' anll 'rtan "OUtne "00 mapba"O a P1C<::; m Ea<::;m"Oe, 1n t;an
10 a<::;cer he ac EW<::; na ret;, 110 rPl-G a rltc<::; na hW"Olpbe "Oap.
a 61}'e.
O;6'1D/
mUna facar he a Emt; na ret;, no mana fP'-G rttë<::; na
U1"Olpbe "Oap a elf!, '1' tan C01pp"01p1 1n a map.ba"O, ce ber
caemaët;u a ar<::;U1-G1 cen co p01b,.
!to 1n "Oume <::;wmc "Orep-Gam cne1"01 fOP copp, rtan a mapball
cen m-Gne cen <::;rt01n"01,Cen caemac<::;u ajCw-Glm ump "Oenma
na roEta, ocur 1'tan cae aen mapb<::;ap m a p,ct;. ma t;a
caemact;u art;m-Gl, '1' co t;pwn 'rtan he bu"Oem, ocur te
pac 1f1n n po mapbai'>. 1n"Oel-Gem arc;w-G1 puca"O cUtc1
"Ôan"O fm, ocur mara m"Oel-Gem mapb-Ga, ce be cen co be
caemac<::;u ar<::;m-Gl, '1' co t;pwn 'rtan he bu"Oem, ocur te
pac 1f1n t;1 po mapball 1n a P1C<::;.
1n ump "Of:,nma na fOEta rm; ocur ma"O rec<::;mp ump.
I FO'r' it was bue L eitgid'-t,.espass he committed. For the Irish of this, C. 1651,
reatls "If ac t;eu:;he fl.0 bUI, it was running away he was,"
0
9 D/
THE BOOK OF AICILL.
469
would not have gone from the place in which he was, and THE BOOK
-if he does so, two-thirds of body-fine are to be paid for it AI
:LL
(t'M charge).
If it be his answer that he would not have gone beyond the
fence or beyond the stone wall nearest to him, it is to be
proved by the person who was pursuing"' him that he had aIr. After.
not the power of arresting him; and he is free from payÏ11[J
anything for him, because it was lmt-"-eitgid''-trespass-be lL-
oommiUpA}-
The person who is exempt fmrn liability for killing the
thief is he from whom he came to thieve, or who is entitled
to ' eric '-fine for the theft.
If he (the slayer) be the person to whom he did not come
to thieve, or to whom' eric .-:fine is not due for the theft, full
body-fine is due from him for killing him. whether there
was or was not power to arrest him. Or, aec01'díng to
ot'Mrs, it may be lawful for any person to kill him, whether
the person to whom he came to thieve, or the person to
whom he did not come to thieve.
It is then there is exemption for killing a person in the
guise of the thief, when he is seen stealing the' seds " or when
the track of the PUtiCll h.r JJún
was found after him.
"' 1-
If he was not seen stealing the' seds " or if the track ofthe
particulaæ-tJting--BWlen was not found after him, there shall
be paid full body-fine for killing him, whether there was
or was not power to arrest him.
The person who came to inflict a wound upon the body
may be safely killed when unknown and without a name,
and when there was not power to arrest him at the time of
committing the trespass, and ther
is exemption for everyone
killed in his guise. If there be power to arrest him, there is
exemption to the slayer as far as one-third for himself (the
man slain), and there is half :fine due for the person who
was killed in his guise. An intention of arresting him was
brought to him in that case, but if it had been an intention
of killing him, whether there was power to arrest or not,
he (t'M slayer) is exempt as far as one-third for the ?nttn him-
self, but half :fine is due for the person killed in his gUL<;e.
This was at the time of committing the trespass; but if
470
Lebap. U1cte.
THE BOOK 'Oenma na fOEla, cm pun art;wt, C1'O pun mapbta puca"O 'Oa
AI
::'L. r W E''O, '1' co t;p1an 'rlan he bo'Oeln, ocur lei; pac Ipn t;1
po maTlba'O 1n a pIcht;.
C1'O fo'Oepa co na fUtl act; let pac 'r'n n po mapba'Ò a
0'D.2002.Sl11ct; 1n ['Oume] t;wmc 'Ofeptmn cne1'Ò1 fOP copp, ocur
co fUll lan pac 1pn n po mapba'Ò a P1Ct; m Eat:m'Ò1?
0'D.2002. 11' e fcrë fo'Oepa; ['Olt
ecu] ocur pU1'011r1 lmr 1n 1U15'Oap,
oeur 010 '1' 1mpmëne 'Oeri';b1pe 1611' 'OUlne '00 mapbcrn 1
P1Ct; m n t;am1C 'Of6ptmn cne1'01 fOP copp, 1na 'Oume "00
It> mapbai'> 1 P1Ct; 1nn t;<<1mc "00 5<<1t; na ret;.
tf ,.
t"'b
C1'O ro'Oepa CO fU11 'Oa t;p1an COIpp'01p6 11'1n (;t t:a1mc
'Of ell tam cnel'Ol fOP copp, ocu1' co na fU11 act; let pac '1'-
1n t;1 1'0 mapba'Ò 10 a P1Ct; 1 1 l' e rat fo'Oepa; fp1t<<1;S1'Ò 1
lett p1f1n eet; fep, oellr 1 mp,<<1cne 1 let plrm fep n'Oel'Oenac;
I
oClIr '1' e <<1ene'Ò l1a fP1tat5e b61t a q"l1un, ocur '1' é <<1cne'Ò
na 1mpwcne bIt a let.
."
1J1.r
t: O'cnp.ura uP.Et1a1
tl.
IÞ
h
dv
CI'O t;p1a eOmp<<1t;1 C1'O t;pla anfOt;, C1'O t;P1<< erp<< C1"O
qua 111'Oeltblpe t;o[p]ba rellfwt;ep na ene'O<<, '1' e a1pet;
2.opelter rmaCt; meta co pUlCI lan eOlpp'Olpl na enel'01 eom-
t1a1t:1 eona fepta1n t;p1a pop'Oac; ump '1' compatt:1 In foUa-
u5 a 'O.
f' _
l, 12.)
C\- V1
&f I'&-'
(rJ.ø
!)
c.t'''' 1!- -
_70
"Duppa'Ò ar;a rm<<ct; meta co com lan, oClIr a let '00 'Oeo-
pa1i'>, oeur << eedlpulmÔ '00 mUpcatt1t1; oeur noeo nUtt
.rmaCt; meta '00 'OaeJ1, oeur noco nUll ua'O act; manab 'Oaep
ac a t;a In eUlc pwt eet;ach he; oeur mar e'O, '1' a belt amUtt
In luat mupcatpt;1 1111 cet;hpUtmtl '00, oeur 1m Cet;hpUlmt;h,
uero.
"DlnnpatC '00 m matt 'Oa totcur at;a rmaCt; 1n meta
I 1! to b, on,-half. That is, when the per
on assailed returns the blow, only one-
third of . eric' fine is due for killing him; a man who killi another in a mistake
pays only half' eric '-fine.
2 TI,e cousequence of øick maintenance is sued and Pl.ovided. There is a good
deal more of matter Whil'h seems to relate to the subject of thii article in C. lü;;5,
t't seg., and C. 1800, el seq., also in O'D. 2003, tt seq., but the passages haH ll(lt
'1f.. cJW,
(. )ljV, W rt8<l'
'/" '1.144<<1:
.
'rHE nOOK Olo' AICILL.
-! 71
it were at a time different from that of committing the tres- TIlE BOOK
pass, whether there was brought to him an intention of .'LI:
I..
arresting him or of killing him, he is exempt as far as one-
third on account of the mEtn himself, but half fine is dIu' for
the person killed in his guise.
'Vhat is the reason that there is but half fine for the person
who was killed in the guise of the person who had come to
inflict a wound upon the body, and that there is full fine for
the person killell in the thief's guise 1 The reason is; it wa
deemed by the author of the law a mor
lawful and justifiable
and a more pardonable offences to kill a person in the guise aIr. .1 m;s-
of one who came to inflict a wound upon the body, than to tuke 0.(
nee .SI
9.
kill a person in the guise of one who came to steal the' seds'.
'What is the reason that there are two-thirds of body-fine for
the person who came to inflict a wound upon the body and
that there is but half fine for the person who was killed in
his guise 1 The reason is; the1'e was retaliation as regards the
former man, and mistake as regards the latter man; and the
nature of the retaliation is to be one-third, and the nature
of the mistake is to be one-half.1
The consequence of sick maintenance is .guod and
, M.. J.....J... .
" d d
& '):;""
/"
IiL.-liuJ
""- r'.r
A<.A
prOVl e, c. v IJ 1.-ov3 oþ, J. 7'1,
Whether it is intentionally or through inadvertence, t '[,6", h'-
Jj)3
whether through idleness or for unnecessary profit the
wounds are inflicted, the' smacht '-fine for failure of pro-
viding sick maintenance extends to full body-fine for the
intentional wound when inflicted in anger; for the negli-
gence is intention.
To a native freeman the' smacht' -fine for failure is (lue in
full, and the half of it to a stranger, and the fourth of it to
a foreigner; but there is no 'smacht' -fine for failure due to
a'daer'-person, neither is it due from him unless he be a
'daer'-person who possesses five raths of hundreds; and if
he be, he is to be as the nimble foreigner as regards one-
jy. 1ft/./
fourth due to him, and as regards oue-fourth (hw from him.
1t is to a worthy person who does good with his property
that the' smacht '-fine for failure is due, and al.<;;o to an
been translated. They appear al.o to belong to a different" recension," and cou\U
not well be interpolated here.
'* "
"" C /8'0 2. Ut-
I
47
Lebar. ((tcte.
TilE BOOK ocur 'Oelf1nnflaIC '00 n1 marf 'Oa t;Ot;eUr; ocu r noco nUlt 111
OF
AlcrLL. 'Oln'Ormc na 'Oe1f1n'Ormc na 'Oenann mmt; 'Oa t;Ot;ëur; ocur
noco nUlt toË Ot;hrura uët; In t05 Ot;hrura 11' tUËa b05abar
1 lIbar .1. In cumat, ocur a cet;hrUlm-è! uat;mb '00 L1mË ; na
" t;eor a cet;h}1Ulmt;1 mte, 'Oena rect; flanna '01; Celt;fll flunna
'Oib 'Opp. mama mo'O a aenap., 'Oa rmn'O '00 b1U'O, ocurflann
'OPfl oca wcmb, ammt at;a 0 5fla'Omb t: e1 ne.
4
C.1656. [1na Cfloh5t bmr m;a 1n cumat 1'111, ocur a 'Oa tfl1an In a
Cfl oL1 5 1 cummte, a ql1an 1n u 1111n'Oflm5 UI reot;; ocur CUt;-
10 1 lUmU r 1' el fl'O 111'0 ocur reet;maiJ co na t;abmflt; fl'r 'O,m-
rOflCflm'O Ir ln 111111n'Ol1 m E fect; feOl"(; rech 1t1 1111n'Ofla15 fe
feol t;.] '"
a: met; t;re'Oa 111 cfloL1 ba1r. bo mOfl cae nm'Oc, co cenn
n ae n a1 iJëe. a: met; 'Oe'Oa, 'Oa ba m ofla caca t;fle'rl co" ,.
's-cenn t;eoJ1a nm'Oce 'Oec co tet; m'Oee. a: mef nmn, bo mor
caeu t;relf1 co cenn reët; na1'Oë, pelt;.
a: met; t;re'Oa 111 croll cummte, bo mor cac nU1'tJc1 co
cenn fe na1'Oct; a mef 'Oe'Oa, 'Oa ba mop.a caca t;fle1f1 co
cenn nae na1t;I. a: met; na1n, bo mop. caëu tp.e'rl co cenn
:zD oët; nm'Oc, n'Oec,
(C met; "Cp.e'Oa ,nn '11111'Ofla1Ë re ra"C, bo mop. cac nm'Oc, co
cenn t;r' nm'OCt ; a met; 'Oe'Oa, 'Oa ba mora caca t;P.elfl co
cenn Celt;p.1 ncrnel co tet; a1'Oël j a met; nU111, bo mOfl caca
"Crelf1 co cenn nae na1'Oël.
oz.ó a: met; t;p.e'Oa 1 111111n'Op.mE rec"C re"C, 1>0 mor cae na1'OC1
co cenn "Cp.' nm'Ocl co tet; a met; 'Oe'Oa, 'Oa ba mora caca
qte'f1 co cenn CUIC na1'Oc, co cet;hp.Ulmt;, m'Oc, j a met; nmn,
bo mop. caca "Crelp co cenn nae nmi>c1 co tet;.
I The man who acf' a8 hi, nUT,Hi'nder.- That is, the man who is emplo,red to lift
him up and lay him do"n.
2 This . cumhal' i8 for a death-maim.-Some remarks as to the differences
between the wounds and maims here referred to may be found in C. 304 (II. 3-18,
p. 167).
THE BOOK OF AICILL.
473
unworthy person who does good with his property; but there THE BooJl:
is nothing due to the worthy or to the unworthy person who AI
:L[..
does not do good with his property; and there is no allowance
for sick maintenance nwde to them except the smallest sick
maintenance which is found in a book, viz., the' cumhal,'
and one-fourth of it is paid by them to the physician; as to
the other three-fourths, make of them- seven parts; four - Ir. Of it.
parts thereof are given to the man who supplies his place,
two parts are for food, and one goes to the man who acts as
his nurse-tender,) as it is from the Feini grades.
This' cumhal' is for his death-maim,2 and two-thirds of it
are for his' cumhal '-maim, a third of it for a tent-wound of
six 'seds'; and a proportion of a sixth or a seventh is to be
given for the tent-wound of seven' seds ' more than for the
tent-wound of six ' seds '.
For the failure of three things in case of a death-maim,
the penalty i8 Ii, great cow every night to the end of nine
nights. For the failure of two things, it is two great cows
every third night to the end of thirteen nights and a half.
For the failure of one thing, it is a great cow every third
night to the end of seven and twenty nights.
For the failure of three things in case of a' cumhal'-
maim, the penalty is a great cow every night to the end
of six nights; for the failure of two things, it is two large
cows every third night to the end of nineteen nights. For
the failure of one thing, it is a large cow every third night
to the end of eighteen nights.
For the failure of three things in the case of a tent-wound
of six 'seds', the penalty is a great cow every night to the
end of three nights; for the failure of two things, it is two
great cows every third night to. the end of four nights and
a half night; for the failure of one thing, it is a great cow
every third night to the end of nine nights.
For the failure of three things in the case of a tent-wound
of seven 'seds', the penalty is a great cow every night till
the end of three nights and a half; for the failure of two
things, it is two great cows every third night to the end of
five nights and a fourth of a night; for the failure of one
thing, it is a great cow every third ni[}ht to the end of nine
nights and a half.
474
LeLa}\. mete.
t.Ti<-v I
J
ct-
, c,..ft,
z.
THE BOOK
OF
MCILI..
ßmac-c meta 1'0 anuar; oCll1' tos na -clnclf1n 1'0 f1r: 'Ða
ree-c cumat CftObSI cae ft1S, ocur cae efPl11c, [ocur cadl
rua'Õ, ocur cadl oUaman, ocur cach mftcln'ÐI:t;, oCll1' 111
mredl rors mtt 11' reaftft] co na comspa'Ðmb.
c. 1658
s Sec-c cumata co tet croLl cae mred1 mr"O oCllr cmdl bel'
mr'ÐIU, In -cmre 1X>lft51tt me'Ðonae, 110 In -cmre J'OlrslU 11'
C.16;;8. -cmre; cmtrl ClImata [CrobEe] cae mree 'Ðera oCllr -CUIf1;
-ceofta cumata crobi;1 cae bomrec ocur cae ocmree; 'Ða
cummt crob cae f1r mmbmÍ); cllmat croLl cae ftercm"O
o oCllr cae mOË;a 'Ðmr.
to s (( mbl"O ocur a tesa f1n, ocur a f1r mama mo'Ð, ocur
G f1ft ocmb -cocmb 1 -ClllCIf1n.
1n 'Ða ree-c cumata a'Ðubftumar 0 c1CCna1b, ben re ba 'Ðlb
1nOra al 1 'Ðleett teEa no ar accobmr ftmn'Ðl; ocur noco
15'ÐleeU '00 tlas 1 bmt ar na 'Ðb51f> ní cen co belfte'Ð 111 a1'.
a'!:m-c oe-c mba 'Ðec fO '00 acu'Ð annf1ll; -cabmr oe-c mba
'Ðec 'Ðlb 'Ðf1ft mama mo"O a aenur; a-cm-c oc-c mba 'Ðéc mte
acu-c an'Ðre1n; r;abmft 1m; re111 '00 LImE ocur 'Ðflr ocmb
t;ocmb, ocur '00 b,Ú ; cona'Ð celtrl ba ocur rammrc CUI-C
10 eee-cmft 'Ðe, ocur nae mba '00 b,U"O a aenuft.
Ua re ba ftO benmr ar 0 clanmb ar 'ÐleeU te5a no ar
acobmft flmn'Ðl, 'Ðena ree-c ft((nna 'Ð1b anora, cmtr1 ftanna
"Ðf1ft mama mo'Ð, ocur 'Ða rmn'Ð '00 bIU'Ð, oeur rann 'Ðpr
ocm b -cocm b.
'lS" Cm rO'Ðer a cmt:r l reCr;mm'Ð 'Ðpr mama mo"O anora, ocur
Tla ft01bl ae-c tet "000 c1anmb? 11' e rat; rO'Ðera; LImE
Gcm:; 1m a eomftcnn'Ð a c1ana1b, OCU1' 111 Ult anora; ac-c In
r;mnmftmn'Ð! 1 ftmbl 1 telt; rlr 0 ë1anmb If e'Ð ((-ca ((tiara,
ocur In -cmn[m]ftmn'Ðl a p01bl rep ocmb r;ocmb 0 clallmb
'0 1 cedlrUlmt;1 11' e'Ð a-ca anora.
1 For concealmentfrom the phyßÏcian. 'Vhat was the nature of the concealment,
or fraud attempted to b
pral'tised on the ph
.siciall. it i. il)Jpossible to define.
THE nOOK OF AlCILL.
4ï5
The above are the 'smacht '-fines for failure. and the THE BOOK
, OF
following are the allowances for attendance :-twice seven AICILL.
, cumhals' for the maim of every king, and every bishop,
and every professor, and every chief poet, and every' airchin-
nech '-person, and every best' aire-forgill' chief, and for every
one who is of the same grade with them.- - Jr. Witli
Seven ' cumhals ' aJ'e allowed for the maim of every' aire- ':::;.u
(}-
ard '-chief and of everyone who is higher, i.e., the middle' aire-
forgill '-chief, or the 10wer 'aire-forgill '-chief; four' cumhals '
for the maim of every 'aire-desa'-chief and 'aÍ1'e-tuise'-chief;
three' cumhals' for the maim of every 'bo-aire' -chief and
every' og-.aire '-chief; two 'cumhals' for the maim of every
'fer-midbaidh '-person: a 'cumhal' for the maim of every
'flescach '-person and every' daer '.workman.
These w'e the allowance
for food and a physician, and for
a substitute, and for a man to act as nurse-tender.
From the twice seven' cumhals' which we mentioned
a while ago, take now six cows for concealment from the
physician I or for facility of division; (and it is no conceal-
ment from the physician, where he is entitled to nothing,
that he should get nothing out of it). You have then twice
eighteen cows: give eighteen cows of them to the sub-
stitute alone; you have then eighteen other cows remaining:
divide these among" the physician, the nurse-tender, and the bJr. Give
pl'OCU1'Íng of food; so that four cows and a' samhaisc ' _ theøe to.
heifer is the share of each of them, and nine cows are for
food alone.
Of the six cows which you deducted a while ago for con-
cealment from the physician or for facility of division, make
now seven divisions, four divisions for the substitute, and
two divisions for food, and one division for the nurse-tender.
What is the reason that four sevenths a'l'e due to the sub-
stitute here, while he had but one-half in the fonner case?O . Jr. A
The reason is; you had the physician in equal shares Il'hile ago.
with him in the former case, and here he is not 80; but the
proportion which was allowed for him in the former case C is
that which is allowed here, and the proportion which the
nurse-tender had in the former ca.se C in a fourth is that
which he has here.
476
tebap. a,cte.
THE BooK ne COlflP"OlfU t;omatt;efl CUIt::If; tef;a 0 fl1;5Wb CO 1HI com-
AI
:Ll. ;5fla"Owb, ocur "00 ;5fla"Ow b rtaf;a, ocur "00 tof; o-èflura 1cmp..
CI"O be "Olb 'r tU5a, cOlflP"Olfll no: cnel"Ol na to;5 ot::hflUra, 'r
C.1660. fl'rt::ommt::eflo;5flal>atbrelne, ocur"Oo to5m o-èflur a [1Ct::afl]
..; no bu"O te-è, flo bu"O t;flwn, flo bu"O cet::hflU1mÔ.
CUIt;If; tef;a elf'{;lb ro r'r; flo bu"O te-è 0 fll;5atb co na com-
;5flal>atb, flo bo: t::flwn 0 ;5fla"Oatb rta-èa, flo bu ce-èflU1m-è1 0
;5pal>atb reme.
Cel-èfl1 ba ocur ro:matrc CU1t::1;5 te;5a a CflOtlf;1 bmr, 0
10 ft1;5mb co na com;5fla"Omb ; t;fl1 bo: a cflot1 cumatte, bo ocur
rammr c a mannfllf; re ret::, bo ocur OCt:: rcp.lpmU "Oec 0:
1nannflm;5 rect; ret::.
'Cfll ba CU1t::1;5 tef;a a cflot1Ët bá'r,o bfla"Omb rtaf;a; "00:
ba a cflot1 cummte, bo a hmannflmE re ret::, bo ocur
/5" "Oatfl'C cel-èp1 rcpepaU a mannflat;5 reèt:: rét;.
"'Oa bo: ocur cotpaè re fCflepaU CU1t::1;5 teËo: a cflob bmr,
o bomflechmb ocur 0 ocmflecmb ; bo ocur t'ammre a CflO-
b;51 cummte, oct:: rCfllpmU "Oee a mannfll;5 re ref;, rCfle-
paU afl flchlt; a man"Ofll;5 rect; ret::.
2D bo ocur rammrc CUIt;I;5 te;5a a CflOtl;51 bmr, 0 reflmb
m1"Obm'Ò; bo a cflob cummte, "Oa rCflepatt "Oee 0: mann-
Pat;5 r e ret;, cel-èfll rcfllpatU "Oec a mannflm;5 reèt:: ret::.
OCt; rCp1pmU 'neC CU1t::1;5 te5O: a CflOtlf;1 batr, 0 rtercaèmb
ocur 0 mO;5m b "Oaefla; ocu1' "Oa rCflepaU "Oee a cflob cum m te,
1.rr e rcfl l pmtt a 1nannfll;5 re ret::, rect; rCfllpmU a man"Ofll;5
rect:: ret::.
II 0'
1-111(
Cm ro"Oefla rmact:: me-èa t;fle"Oo: an"O, ocur t::mclf1n cet;h-
(lfl"Oa 1 1r e ra-è fO'OOfla; Ct"O mop, "00 ret::atb ;5at::at"Ot::efl 0
TllE BOOK OF AICILL.
477
According to body-fine is calculated the physician'l:! share THE BOOK
from kings and their co-grades, and from the chieftain AI:-LL.
grades, and it is paid out of the allowance for sick main-
tenance. Whichever of them is smaller, the body-fine for
the wound or the allowance for sick maintenance, it is
thereby it is calculated what the' Feini ' grades pay: and . Ir; F,:OO?,
... f h 11
. k . It the Fem.
It 18 paId out 0 tea owance lor SIC mamtenance. grade..
may be one-half, it may be one-third, it may be one-fourth.
The physician's share from these following; it is one-
half from kings and their co-grades, it i
one-third from
chieftain grades, and it is one-fourth from' Feini' grades.
Four cows and It 'samhaisc '-heifer is the share of the
physician for a death-maim, from kings and their co-grades;
three cows for a 'curnhal '-maim, a cow and a 'samhaisc'-
heifer for a tent-wound of six' seds,' a cow and eighteen
, screpalls' for a tent-wound of seven' seds.'
Three cows is the share of the physician for a death-maim,
from the chieftain grades; two cow!:! for a' cumhal '-maim,
a cow for a tent-wound of six ' seds', a cow and a 'dairt'-
heifer of the value of four 'screpalls' for a tent-wound of
seven' seds.'
Two cows and a ' colpach '-heifer of tILe value of six 'scre-
palls' is the physician's share for a death-maim, from 'bo-aire'-
chiefs and' ogaire '-chief.es ; a cow and a 'samhaisc '-heifer for
a 'cumhal '-maim, eighteen 'screpalls' for a tent-wound of
six'seds,' twenty-one' screpaUs' for a tent-wound of seven
'seds.' .. ,
A cow and a 'samhaisc '-heifer is the physician's share for
a death-maim from 'fer-midbaidh '-persons; a cow for a
'cumhal '-maim, twelve' screpaUs ' for a tent-wound of six
'seds,' fourteen' screpalls ' for a tent-wound of seven 'seds.'
Eighteen' screpalls ' is the physician's share for a death-
wound from' flescach '-persons and from' daer '-workmen;
and twelve' screpalls' from a 'cumhal'-maim, six screpalls
for a tent-wound of six' seds " seven 'screpalls' for a tent-
wound of seven 'seds.'
"fiat is the reason that the 'smacht' -fine for failure is
triple, and the attendance quadruple'? The reason is; how-
ever great may be the number of 'seds' stolen from a
4ï8
Lebart a,cte.
TIlE BOOK "OU1ne In aenact::, noco n01t a(;t:: lån 7>11'1.1 OCur tet: "01pe OCur
AI
:;'L t::pwn "01 pI a ql.1 cet:: ff't::U1 b "01 b, ocur cept:: ((1{;ht;1n caca
r e01 t:: 0 t:a r m amac; OCur '1' amlm;) fin m;a; Cia belt: mr-
nmte Im"Oa 1 t::1nClrln, noco nUll rmaèt:: met:a act:: a t::r '
s-epnml1b "01b.
C1"O fo"Oepa fer mama mo"O "00 bet: 1 tet: pe t:1nCIf1n,
OCtJr nac mo na met: bl"O na tega? 11' e fat: fo"Oera ; ce na
;sm:;möèa "Oa cleli:! 0 'UU1ne 1 naenac'L, clelt:1 bec OCur
delft mor, cema"O mo re hlc n((1'Lh51na 1n ctelt:l mor, n1
'Þ mo re 1C rmact::a na enecw111m ma In clelt:1 bec. 11' am-
tm;) 1'1n a{;a fer mama mo"O; cema"O mo 1na 'L1nC1r111, noco
mo 1n a met 1na met: b1"O no le;sa 110 fir oca t::oc((1b.
O'h7..319
Cach pachaé "i)OEo. of '2: 39Ð'1I Ú'uv It}
.1. '1' lmr 111 t::1 pacm5t::her ann a poËa "00 pe fer fep-
. t:ana na Cnel;)1, 1n e fear ocmb t::ocmb "00 bera, no 111 ne a
t05; OCur '1' é 1'111 aen 1na"O at::a a roi;a "00. rf' '180-13
f);-
'
ß?/J71
r IS-I)
c. 1664. [1]r b0111"O '00 "Oln;sbmt. 11' b0111"O ap na '0111;sabafl.
Obmmrea mo "01n5bml, ar 1n fer amUlc, .1. ar In fer fOll.
ap fepa'i) \11 cne"O. Obmmrea CUn l1a "01n;seba, ar In fer t::att
lD po repu1't::ar h,.
C.1664. "Dlpenmt::ep t::rwn "01P1 [.1.] é1r1l1t:er [t::rwn] nenedm11m
an'i) ar 1n cet:: a1"OC1, OCU1' bo "00 rmact::.
'bra"O fill po "011i; a bp.erf amac for fotac not::hpura, ocu}'
c. 1809. a111111n [50 nUI;S1 a t:ec] t::ar5u}, "00 a t::11lCl}'111, ocur mel}'t::1 "00
.25U t::mp.crm ; bo '00 rmact:: ((11n ap. 1n cet:: m"O(;I, ocur t::r lan
C.1809. nenectmnm; ocu1' 1n t::
l1nmra111"01 relt:e)' ["00 rmaèt:: meta]
'Oof1Jm ar cach na1"Oel 0 r'n amac, cop.ob e In t::atnmrmn"Ol
rln p.ett:e}' "00 "Oa Lp.el1l1b na heneda1n1l1.
I Th
person on 'I1:hom he has inflicted the w01l11d.-For the reading in the text
which appears to mean, "the person who inflicted the wound," Dr. O'Dononn
conjecture,l, "fep. fOP. ap. feltfl'O In CTlP'D," as seemingl:r required by the sense.
2 I [lil'e you notice to keep off. This part of the article is given somewhat differ-
ently in C. 1GG4, and C. 1809. It seemø to conbi
t of glo
scd fragments.
THE nOOK OF AICILL.
479
person at the same time, there is only full' dire'-fÌne and TIm BOOK:
balf'dire'-fine and one-tbird of'dire'-fÌne due for the tbree AI:'x..
first 'seds' of them, and just compensation for every' sed'
from that out; and it is the same w,ith 'respect to attendance ;
though there are lUany divisions of attendance, tbere is no
'smacbt'-tine for fiálure except in tbree divisions of tbem.
What is the reason that the substitute is calculatc(l at
one-half as to attendance, and that there is no more
due f01' faillo'c as 1'cg(ll"(ls him than for failure as regards
food or a physician'? The reason is; though two animals
should be stolen from a person at the same :time, a small
animal anù a large animal, though there is more to be paid
as compensation for the large animal, a there is not more a Jr. ThOtigh
to be paid as' smacht'-fine or honor-price than for the
:i:"fge
small animal. It is thus it is as 'rega1'ds the substitute; greate,:. /U
though more is allowc(l for his attendance, there is not
more for failure as regards him b than for failure as regards
;: Hi.
the food or the physician or the nurse-tender. failure.
Every defendant c has his choice. q".Debtor.
That is, the person who is sued in the case has his choice
with respect to the person on whom he has inflicted the
wound, I whetber he will give him a nurse-tender, or the price
of one; and this is the only instance in which he has his
choice.
"I give you notice to keep off."2 "I insist I wiII not be
kept off." " I refuse to be kept off," says the man outside, i.e.
says the man on whom the wound was inflicted. "I refuse
that you be not kept off," says the man within who inflicted it.
One-third fine is paid, i.e., one-third of honor-price is paid
for it the first night, and a cow as ' smacht '-fine.
This is one of a grade who was entitled to be carried out
into sick-maintenance, and it was over at his own house he
was offered to be attended, and this offer was of disadvan-
tage to him; tbere is a cow as 'smacht' -fine for it for the
first night, and one-third of honor-price; and the proportion
of 'smacht' - fine for failure which runs for him for every night
from that out, is the proportion which runs for him of the
Othe1' two-thirds of the honor-price.
48G
tebap. a,de.
THII:O:OOK No 'Ðono, cena, na bu me1rt::1 a t::a1flCrm '00 1t::1fl. Cflet:: fO
AIClLL. 'Ðelf1'Ðeln 1 1mll'Ðpa1E re ret:: )10 repa'Ð an'Ð, ocur mei;
t::pe'Ða 011 ann; bo '00 fmact:: an'Ð ap m cet::a1'ÐCI, ocurt::pwn
t::flln nenecta1nm, ocur In t::a1nmpmmn )1eli;er 'OO'Oa tipélmb
Þ"1-n t::flln nenectmnm.
1i1.
.
," I bb) O'/J p.J11l
b'P.1 Let 'Ð1p.e '00 J:'1ne; no foLaé 0 J:'1lle fO pc f1uf
em up.cmLh:;e.
.1. 'Ð1fll 1 lei; 1nec 'r 'Ðlfl '00 b,Ú ocur '00 l1mE, 'r ar e1fl-
fIItep (1 CU1ti "Oon pp fine Ir fefl ocmb t::Ocmb.
C.1665. ID CWo foLaë 0 þne fa f1ch fp.1f c1i> u11.cmLn.
t 41t,b
.1. no a fulanE 0 þne 1n tí1 110 ruact::11a1Eert::all p 1 r,
cwma'O Efla"O bu'Ð upc01lt;1 uma bpe1"è amaë e fOP rolac not-
J1 u r a ; ocur 'r e r m aon lna"O at::a a pOEa "OPfl rept::ana na
cne"Oe 111 a 101E1'Òect:: "OP}' oCa1b t::ocmb "00 befla, no In fefl
S-oca1b t::oca1b ua'Ò bu'Òeln.]
o bur t::fle comflam, no t::pe anrüt:: relPE' In'Ðeli;b1fll rep-
fa1t::hep na cne"Oa, 'r cUt::puma at::a 10E na t::lnclf1n 0 caè
'ÐUme O1le It::1p raefl ocur "Oaep, CI"O I t::opbac cm I nerbac ;
ocur 0 na raefla1b t::fl1 anrot:: fe1PEI "Oeltb1fll 1 t::oflbac ocur
10 O'D.2379;'EI nerbac; ocur 0 na raeflmb [011e] t::flw anrot:: cen relPE 1
t::Opbac; ocur 0 uppa'Ò qua na erba I nerbaè; ocur 0
uppa'Ð 1 t::opbac t::pw moerèb1pe t::oflba.
C.1662. [Cflét:: bwr Ó 'Ðaop.m5 1 fwnfOt:: fetflEe "Oei':b1p1? .1. reët::-
ma'U ocur cUt::pumar reët::ma1'Ð lei; "oIP1 na cne'Òe co bar 1
1 Idler; "erbac" seems to mean a mere gazer or looker-on, who ha<l no busineu
at the place.
TIlE BOOK OF AlCILL.
481
Or else, indeed, acconling to othe'l's, this is the case, when THE BOOK
the offer is of no disadvantage to him at all. What then? Al
LI_
It WftS a tent-wound of six' seds' that was inflicted in the
case, and there is a failure of three things therein: a cow
for 'smacht '-fine is puid for it on the first night, and a
third of the third of honor-price, and the proportion which
runs fOl' him of the two-thirds of the third of honor-price.
'Dire '-fine of half 'dire '-fine to the family; or
support from the family who injured him though
prohibited.
That is, it is out of the ' dire' -fine respecting what is due
for food, and to the physician, that his bhare is paid to
the man of the family who acts. as nurse-tender. · :r. II.
Or support from the family who injured him though
prohibited.
That is, or he is to be supported by the family of the person
who attacked him, though he may be of a grade which it is
prohibited to bring out into sick maintenance; and this is
the only instance in which the person who inflicts a wound
hashis choice whether he will give the price of the nurse-
tender, or whether a nurse-tender shall be given by himself.
"Then it is intentionally, or inadvertently in unlawful
anger the wounds are inflicted, the allowance for attend-
ance is the same from each and every person both free
and bond, whether for a profitahle worker or for an idler;
and it is the same from the freemenfOl. wmmds inflicted inad-
vertently in lawful anger upon profitable workers and idlers;
and frum all the freemen fOl. those inflicted inadvertently
without anger upon profitable workers; and from a native-
freeman for 'll'mmds inflicted upon an idler who was present
in idleness; and from a native freeman for wmmds inflicted
'upon a profitable worker in a case of mmecessary profit.
'Vhat shall be dlLe from' daCl"-persons for wmmding in-
advertently in lawful anger? i.e. a seventh, and a portion equal
tu the seventh of half' dire '-fine for the wound to death in
"OL. III. 2 1
48
tebatt alcte.
THE ÐOnK wflbac OCur 1 l1erpac; celr;pe rect:mam I1md151na 1 ceët:ap
In- b b
b
t
ArcH,I. 'Oe lafl marl', Cl'O 1 t:op ac Cl'O 1 ner ac; limp noco I1
Ul
'Oer;blfl [mpbm5] 110 erbm5 '00 5fler 0 bwr
eall5, act: ma"Ò
11' tuËa 1)'111
eflE n'Oetblpl l1a l)'1n
ep5 111'Oer;blpl.]
Ó Cflet: blarOl1a 'Oaeflmb t:PIa an1X>t: cen
elll5'Oelt:hblpl1
t:opbaëmb ocur 1 l1erbacmb? Bect:l1la'O O-GflUra co bar,
rect:ma'O OCUt' clIt:pumar rect:mm"Ò 111 rect:1llm"Ò ter; 'Olpl,
ocur cOflob 1110t:hpur '00
0Il11lart:Up 1 t:opùach l'ech erbaë;
C6l-Gp1 rect:mm'O mt:hE111a !all mùar 1 cect:all 'Oe, Cl'O 1 t:Ofl-
'D bac, Cl'O 1 l1erbac.
OdlllUr com tan 0 uflpa'O 1 l1erÙ((C qua na erbai) ; t:eolU(
C.1663. cet:hpU1m-c, O!;pUra 0 'Oe01W1"Ò 1 llerbaè t:JlIa lla erba"Ò; ['O((]
rect:ma'Õ ocur In cet:hllU1mTl lwlln 'Oec orflUra 0 1Iltlflcmfl-
-ell l1erbaè t:fl!a l1a erùa. Bect:ma'O ocur cUt:flu1lla rect:mm'O
ster; 'Olfle l1a cnel'Ol, ocur copub 1 110i:pur '00
oflmart:ufl, co
C.1663. bar 1 t:opbac ree erbaë; [ce-ëfle] l'eët:11lm'O mdl5111a !all
m bat' 1 cect:ap 'Oe, cm 1 t:opba, Cl'O 1 nerba.
ÛLhflur com tan 0 tll1flai 1 t:opùaè ql1a l1a ll1'Oel-ëblpe
t:opba,ocur tei: ot:hflUra lla'O l11erbach; cei:pU1HrCl reCn1la'O
'to oi:flura 0 'Oeopm'Õ 1 t:oflùac ql1 a 11a 111'061-eblfle t:opba; 'Oa
l'ect:ma'O ua'O lr1n erbac; 'Oa rect:ma'O ocur 111 cet)lU11lli'1
TWI1'O 'Oec 0 mupëmfl-ël 1 t:opbac qua l1a 1117Jelr;blpe
t:oflba; reët:ma'O ocur 111
oèt:ma'Õ palin PChlt: ua'O 11'111
er baë .
'J.(( Sect:ma'O ot:hflura 0 'Oaep 1 t:oflbaë ql1a l1a l11'Oel-ëblpe
C.1663. t:;oflba. [1n cet:fluma flal1l1 'OEE uaií 1 nerpaë; 110 '00110,111
cut;fluma blar 1 nerpa'O t:pe erpa, EUllab e'Õ bel'l t:opb(('O
r Three-fourth4 of sick-maintenanct.-C. 16li3 and 1808 have here .. tbree-
e\"enths."
2 Foor-set'Bnths.-O'D. 152; has here "seven-sevenths," which appears n mi,take.
S For unnecessa,.!! prq/it.-That is, in eases where the man injure,1 \VIlS 110t
o',)i
ed to he pte
ent, hul his ll'În!: pr;--"l1t \\a' pt"fìl:tI.1è to him.
TIlE nOOK OF AICILL.
483
the case of'IL a profitable worker and an idler; four-sevenths TilE BOOK
of compensation for either after death, whether for a profit- AI
:I L.
able worker or an idler; for there is no difference üf profit-
kIt. FUI'.
able worker or idler any time when there is anger, only
there is less for the lawful anger than for the unlawful
anger.
What shall be due from' daer '-persons, in case of wonnds
inflicted inadvertently witIwut lawful anger, for profitable
workers and idlers? A seyenth of sick-maintenance till
Ileath, a seventh and the equivalent of a seventh of the
seventh of half' dire '-fine, (and it is in sick-lllaintcnanc
it
increases for a profitaLIe worker more than for an idler);
four-sevenths of compensation after death for either of them,
whether for a profitable worker or for an idler.
Full sicI,,-maintenance is ([lie from a native freeman for an
idler ill,Ílo'ed through his idleness; three-fourths of sick-
maintenance I from a stranger for an idler injul'ed through
his idleness; two-sevenths and the one-fourteenth of sick-
maintenance from a foreigner for an idler iJljul'ell through his
idlene:,:,. There is one-seventh and a portion equal to one-
seventh of half' dire '-fine for the wound till death for a
profitable worker more than for an idler, (and it was in sick-
maintenance it was increased); four-sevenths 2 of compen-
sation after death for either a profitable worker or an idler.
Full sick-maintenance is dlle from a native-freeman for a
profitable worker injured for unnecessary profit,3 and half
sick-maintenance fi.om him for an idler; four-sevenths of
sick-maintenance from a stranger for a profitable worker
injul'cd for unnecessary profit; two-sevenths from him
for the idler; two-sevenths and one-fourteenth from a
foreigner for a profitable worker injured for unnecessary
profit; one-seventh and one-twenty-eighth arc due from
him for the idler.
One-seventh of sick maintenance is due from a 'daer'-
pen>on for a profita1Jle worker injlO'ed for unnecessary
profit. '.ole fourteenth part is to be pa ill by him for an
idler injllred; or else, accurdiug to Otllf'I'.<:, the proportion
which is lmid for an idlCi. i íijll,'ed in idlc]l('sS is what
YOL. 1II. :2 I
484
Lebap. a,cte.
TIlE
OOJt ,[;P,1a m"Oetb111 ;:;opba1"O; OCUl' m CUqU1111(( bwl' 1 ,[;011ba"O
All'ILL. '[;)lW m"Oet;b111 ;:;opba, EU11ab e a tet bel' 1 ne1'paë t;pW
111"Oet;b111 ;:;011b
.]
-aiÅI C "63
C Ib6b L Q.)
111 bona c1m1'D
allt1b taL.
s .1. m Clml"O 't' "Olt1'eë batt'. stan "Oon t;1 1 patbe horn 11e
a mapb(cò ; ocur rtan "Oon n po Cml'5atn tell', mana coem-
naCat11 m t;1 1 p01bl he a ma11ba"O; ocur ma COntC, 't' f1((ë
batr ccol1 1 on n POIl'
I
a,11
elr; '1' (( b11elt 1'111 "Opne III
Clmc"Oa.
flv
10 mara necmatr m"O '[;1 1 11atb 1 tatm he po mapb neë mte
he cen "Oemn "00, '1' te'ë enectann "OIC pl)'1n n 1 p01b 1 tm111
he, ocur tet; e11ectann ocur tet C01pp"Olpl "OIC "00 11e pne 111
C1me"Oa; no "Oono, coma"O l'tan 1 tet; p1rlt1m he, "Oat5 I)' 1'1
In atEe"O po batt "Oorum t;t1ca"O mfl, 111 mallùa"O.
. nlár a n5eU pe f1aèatb)1o bl he, aè'[; ma1' e 1n"O '[;1 a p01b
1 tatm 11e "00 mapb he, 't' C01pp"Olpe OCt11
enectann "01C "00 pe
pne, Ocur 11a felë 1111'11101bl "OIC "Oa pne ; no ma"O fellP teo
can ní "Oolb ocu1' can 11í uatlb, '1' teo a floËa.
ma po cun5atn neè mte tell' aca mallba"O, '1' C 01 1 1 P"011 11
I; lGGi.1o ocur enectann "OIC [pe fIne] "Oólb m((fl ((en a cmb"Olur, no 0
ceè;:;a11 "Oe 1 necmb"Olur, ocur na felë )lIra p01bl "OIC "Oa
fine; no ma"O fe11Tl teo can l1í "Omb Ocur can n1 umtlb, II'
teo a 1105a. Ocur 1n ct1qulm(( 110 lc
a"O 111 t;1 110 cun5am
t61r 11e pne 1n clme"Oa, II' (( 1C "00 111)'1n '[;1 1 )101b 1 tmm 11e.
'2.(' m al
1 necmatr 111 '[;1 1 p01b 1 t((1m he, po mapb neaè ((1te
c. IGGi. he can "Oeont1Ea"O, [c01)lp"Olfle OCt1r] enectan11 "OIC "00 p11'111
n 1 11mbl tat111 he, ocur c0111P"01111 Ocur enectann "OIC "00 pe
pne 111 Clme"O((; oCUrnafe1è111ra 1101b1 "Olc"Oon pne; Ocur
THE nOOK OF AICILL.
185
shall be paid for a profitable worker injured in a case of un- THE BOOK
necessary profit; and of the proportion which is due tor a pro- AI
:LJ.
fitable worker in a case of unnecessary profit, the half shaH
be due for the idler injured in a case of unnecessary profit.
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 custodya to kill him; aIr.lIand.
_
and the person who assisted him is exempt, if the person in
-'
whose custody he was, were not able to kill him; but if he
was, fine for an unjust death is due from the person who
a.,sisted him; this is obtained by the family of the captive.
If it was in the absence of the person in whose custody
he was, and without his leave, another person killed him,
he (the slayer) shall pay half honor-price to him in whose
custody he was, and shall pay half honor-price and half
body-fine to the family of the captive; or indeed, acconJ-
{Jk
ing to others, he may be e).empt 011
CwHnt ß f him, for it is (þ
)
the fatekntended for him that was brought on him, viz., death.
Hit was in pledge for debts he was in custody, and if it
/vffl'}l
was the person w
o had him in custody that killed him, he
has to pay
; fiñëá nd honor-price to his family, and the
"'...
_
lebts for which he had been
J are to be paid by
L
his family; or if they prefer to get nothing and pay nothing,b .bIr. Xolh-
the y have their choice. 1>'9 to tk
Tn
and >lolh"'9
If another person assisted him in killing him, body-fine/ ron . them.
and honor-price are to be paid by them both conjointly or
by each separately to his family, and the debts for which he
had been in custody are to be paid by his family; or if they
prefer to get nothing and pay nothing,b they have their
choice. And the part which the person who assisted shOlùd
pay to the family of the captiye is to be paid by him to the
person with whom he (the pe}'so'nslain) had been in custudy.
If it was in the absence of the person by whom he was
kept in custody, and without leave from him, another killed
him, he (the slaye7') shall pay body-fine and honor-price to the
person in whose custody he had been, and shall pay body-
fine and honor-price to the family of the captive; and
the debts for which he had been in cUl5todyare to be paid by
486
Lebap. a,cte.
Till: BOOK ma"O f-epp teo can ni "001b ocur can ni ua'è,b, 'r tco a po
a.
OF 0 .., b 1
.\ll'I1.I. cur cac n1 po 1cf-a"O 1n n po m((p le pe pne, 'r a 1C "00
p1pn n 111mb 1 tmm 11e; ocur 'r ceq
m"O, C1"O mo 111 111
fUP mb
'è he, coma"O a 1C "Oorum, ump1r e puc a 5 eU ua"O ;
socur 1n cU"Gpuma po 1cf-a"O 111 "Oulne U"G 1mar pe pne,1r a1 C
11(("OrOm anor a .
C IL{,g (
t2-uq
ct- O'/J q 0 9,
1-10 fUamch
o L:atlt1rm.
.1. stan 111 "Geppac "00 5aùmt aenac"G cacha ùl1a"OIW p8
"Oe1'èb1p 1u 1', ocur "Oa n5aùa 1n f-ec"G L(!1W1}'"G1, '1' enectann,
/D ocur "Oa n5 ab (( 111 "GpCJ' f-ecr:, '1' enectann ocu1' "01P1 ocu}'
m"Gh5 11l . Ocur "Oama"O pe 111"Oel'èb1p1U}' "00 ;saba"O f-o cet:011 1
he, "00 bw;) pac 6111}l15 11)"Oel-Gù1p1 ua'O, .1. [cnectalln] "0'11 '
C. IGG8. ocur mdlE1n.
[Stan] a 5abmt "00 cep"G "Gocur 1n pp pne, ocur 111 p11l
c. I(jW.J5'f-e1l1111a cep"G "Gocur; 110 "Of-o]1C]1m"O "GOëura 1n P}1 pile ocu}'
111 f-ull f-e111 111a f-opcpa"O "Goëura.
má po ::;aburt:ap}'um "00 ce11"G ["G]ocur 111 pp pne, OCHr
a"Gu f-é1l1111a cep"G ["G]Ocur, 110 "O}:'opcpcn"O "GOcura In pp pl1e,
OCur m:;a f-e1n 111 a f-O}1Cpm"O t:Ocu}'a, 1}' pac eP111E 1n"Oe1'è b1 1 11
?J> 11((1).
11' e m}1c"G '1'lall [1n "G61pp6C11] a 5abmt co pUlC1 q11Hn
c. IGG$q- to
enec 111 5}1m"O 1)W 115aùap he, 110 111 5}1m"O 5aùU1'; C11) ùe"O
"01b ùur lU5a, copab e 5aÙa}1 ((111), aC"G na 5aù(( 1ma}1-
cpam "Gmp 1 r; OCU1' 1)(( 115((ùa, 'r pac eppmE 1n"Oercb1p1,
26Í ocu 1' tan pach ;sm"G1] ua"O. Ocut' II' ((111) a"G(( fill "00
c. lG(;
. ;sabmt [co "Gpwn tOE enech], In "Gan po 1)tec"G 1n cU"Gpuma fl11
c. IGm. "Oe, no 111 'r mo 111ar; ocur ma1'a tUEa Ina rln 1n 111 po
"Oleë-c "Oe, OCU1' 1)(( n;saùa, 'r pac e1pp1;S In"Oeri:ù1pl Ha"O.
] It iß lalliful.-O'D, 1:;2:1 bas bere "can \\itbout,"wbich ,Ioes nut make seq$e
THE nOOK OF AICILL.
487
the family; and ifthey prefer to get nothing and pay nothing- THE BOOK
they have their choice. And whatever the person who killed Al
:;'L.
him should pay to the family, he shal] pay to the person with - fr. Xot h-
whom he had been in custody; and it is the opinion of ;ng to th
ÙtWYCl"8 that, though that for which he had been i9A custo dy ;,o:::;
"::!
was greater than tlte 'erie '-fine fo/' killing hi7l
, it should
be paid by him (the ."Zaye/.), because it was he that took his
pledbre from him; and the portion which that person should
payout to the family is to be paid by him now.
Or carrying off under compact.
That is, it is lawful in case of necessity to take a
addi
.t.ional lovy: once every year, but if it be taken the second
ElL fI' I -
time, honor-price is due, and if it be taken the third time,
honor-price and' dire'-nne and an equivalent shall be paid
fur it. And if it had been taken without necessity the first
time, there would be due for it the fine for an unnecessary
exaction, i.e. honor-price' dire '-fine and restitution.
It is lawfuP for him to l
ke it from the propel' wealth of
the L'tmily man when b hè is not himself in tM4m-jo!fr'umt b Ir. And.
fJj his ]'WQ-per wealth: or from the excess of wealth of the
family æan, when b î$" is not in excess of wealth himself.
If he has taken it from the
r wealth of the family
man, when b he is himself in the enjoym.ent of his proper wealth,
or from the excess of wealth of the family man, himself
having exce!'s of wealth, it is a fine for an unnecessary exac-
tion that is due from him,
The extent to which there is exemption for taking a
forced exaction is to the third of the honor-price of the grade
of the pp/'son from whom it is tàken, or of the grade of the
puson who takes it; whichever of them is the smaller is to be
taken, but he takes not anything over and above it; and if he
takes it, it is the fine for an unnecessary forced exaction, and
full fine for theft that aJ'e due from him. And it is then
this is to be taken to the extent of a third of honor-price,
when so much was due of him, or more than it; and if what
was due of him was less than that, and if he takes it (tlte
Jo/.ced exadion), the tine for an unnece
sary forced exaction
is dll.e from him.
488
Leuap, a,cte.
,D'bql
f
THE nuuK
0.'
Ainu..
Stan a ;S((ocnL "00 eUle rep. na 5C1tpne, oell1'''Oo t;aeor1116
;smLpne, oellr "00 cae pne bU"Oeln.
Stan a ;sabmL "00 cuL co pOlO eombn r111C na reèt; rep.
n"Oée ap. lI"O an"O, oell1' noeo "Ote;sa)l a ;saomL t;mp. l r.
.r ComtJn pne 11a feèt; pne ]'1n: Oet11' rlan a ;snomL
,., x)(.... L ..
"00 t;mo co 111(( eUIC rep. lap. 111mee1n P((tu)'C{ rop. cae e\:'.
ð'IJ9/1
c. 16jO. [SLan a ;sabmL Ja}l f'o1tnchwn patt1rn ap. Eae Lei;, een co
P.OIÕ cOlmtJn na reët; fCP "Oc5 ann "00 e((ë rlne 1n"O n
bu'Òeln, ]
SLan a ;sabmL "00 EOI1't;lb, oelll' "00 cLcrnnmo, oell)' "OOIL10,
oellr "00 blllrnmo, oellr "00 eomat'(;cnb, oell1' "00 cmp"Olu
eaerncLui;a, oell)' "Omp.ltLIlI"O p11e oellr anpne wLe.
C.1610 [11' "0115 '1' rLan In "GcI}l)leë "00 E((bmL, "00 cLernnmû, oelll
"00 eorn"Onh;((1õ, oeur "00 eomOpaI'Ëp.lû, oell)' 710 ellt, oelli "00
13t;mt'i,Oellr Jap. fll"G,oeur "00 elll;::;lp. nn ;SE'ltpne, oet1r "00
5 elt pne t;a01ûpne, 110 co )l1a eOlmbn rel:"G pp "OeE Jap
rll"G ((11n; oell1' 0 01(1)" na Eelûc'Ò r111C .,d:; -r:a emte, aC"G
;S61be'õ hac pne 1n'((:'"G1 ou'Òel}'1n, ump ;seltr1116 ;sac rlne
1n"O"G1 bll'Òelpn, oell)' t;mbpne ;sne pns 11(J;e bll'5eln.]
2.D Sta11 a habmt, e1'O l11m51'Ò, C1'O Ineernmr, act; net Eetbt;ap.
t;ap fap.lIEa"O (( rICl"Onm)'e ; oeu)' "OCC n;sno"Ga)l, '1' pac elp.plE
In"Omi;blp.1 lI(1) .1. P((c ;smï:;1 .1. sneetann oeu1' "01P.1 oeur
mt;h;S111.
I T'
'taebh-Ji7llJ'-diviÛoß.-The IllS, E. 3, :;, (O'D. 1:;30) has here U 5 e1t pne
ocur '00 caë rme,.' "hich are not in the corresponding place in C. 1669, and
which IIrr ear to render the ra;,sage unmeaning. For some of the divi<ions of the
TIlE BOOK OF AICILJ..
4S9
It is lawful to take it from the five men of the' geilfine- ' THE BOOK
division , and from the' mebhfine '-division 1 of the' b O'eil- A OF
ICILL.
tine' division, anf! of every' fine '-dhisi(ln itself.
It is lawful to take it from the' culfìne '-division and the
'taebhjine'-di,'i.ction until the whole seventeen men of the
family are included: but it is nQt lawful to take it beyond · Jr. In it.
ili
·
That is the number of the family consisting (If the Beven
, fine '-divisions; and it is lawful to take it from the' taebh-
fine '-division till it reaches five men in ilist.<æ t relationship 4,U," fk
'f
on each side.
It is lawful to take it &em fli
t1I.n t relatiyes on each side, ..
though the full number of the seventeen men may not bo
eÀtant of each family-division of the person himsclf.
It is lawful to take it from gossips, and from
-ill-Iaw,
and from foster-fathers, and from foster-mothers, and from
foster-brothers, and from mutual friends, and from all the
best of thf' family Ilnd the people not of the family.
It is from these persons it is safe to take the forced exac-
tion, ",'i=., from people-in-Iaw, and from foster-brothers, and
from kinsmen of the . culjine '-division and 'taebhfine'-
di, i<;ion, and to the whole extent of the, set'cntccn 7nen, amI
from the five persons of the 'geilíìne'-division, and from
the 'geilline'-divisioll of the 'taebh-fine'-relations, until it
reache<; the whole seventeen men completely; and when
this is reache,d, let not one family of them take from the
other, but let each family take the person himself. for the
person himself is a 'geilfine' -relation of each family, and
the person hinlself is a 'taibh-fine' -relation of each L'\mily.
It is lawful to take it either in a person's presence or in
his absence, but so as it is not taken by violcnce in his
presence; and should it be so taken, there would be for it a
fine for unnecessary forced exaction, i.e. the fine for theft,
i.e. honor-price and 'dire '-fine and restitution.
.. f1ne" or family, vid. 8Dpra. page 330. 'The
ord u t.1ebh-fine'" means literall)-
.. side-family," and the word U cul-fine," means" back-family."
I Finefor wft.-The words .. puë SUlt:1" are an underlined gloli8 on lheword
.. enecLann ocur 'DIJ1.e".
.,
.,")
490
tebafL a,cte.
TilE BOOK Cefc-cm 'DO Eena 1n t::1 Eehuf In "Ce)1pat? '"Oena'D ((pa'Õ
'\I
,Jft ocuf t::)1Ofca'D, OCU)' Eaha'D m:;hEahmllm a1t:;hE111 CO na let;-
t:;abal 'Dwhult::a; ocuf cac11 umr mflcl'lJ In mt::h51n ua'D
mflCI'D 111 lerEabal 'Dwbatca; 110 "Ð01l0 tena, ce na: mflCI'lJ
S- 1n anhE111 Ua'D cuna mr'CI'D 1 let;sahal 'Dwbatca, umr If
ClplC r 0 5 ta hI .1. 'Dms '1' elO'D'DO pormact::; ocu)' '1' ann '1'-
tan a 5 ah ml CO t::rwn 10S enet, In t::an If mo na relt na
qnall tOE enec no I)' ctrcpuma pIt'. 111a)'a tUEa 11a r elC ,
noco t::elt:: 'Da11. CtrcrU1llar pach.
10 111a)'a r er aca La tat;t:: no 51l1mra'D po 5aha'D 1)'111 eppaè,
C,IGi(). If tan 111 cet:: CUICt::e 1 comtoEU'D ['Õe]; ocuf al' dr S1111aët::a
ocuf E 1l1m 1 1m 'D a111n CUICÔ t::anmrt::e, CO na t::011at;t::mn reIn
((
opha na CUICt;1 t'tn; oCl1f mana t::Olrret::, Ineoc '1' r e01 t::
cm:;hpar'Da 'Dlh If t::mp5'U, 'DO pIt; piu a11 'Da tmè,h 'Dec ;
ocuf Ineoc '1' 1'eOlt:: 'Dwbutt::a, I)' t::mrEIU, 'DO pIt; )liu ar
{;)lmp, 0 'Decmat'D amach.
nlafa r C01 t:: ac na pitt taët:: na El11m11a'D po EabuTI '}'111
eppae, If tan In cet:: t::rClre 'Dlb 1 comtuEa, CO na t::op{(et::mn
reIn a ror ha na t::retp 1'111; ocuf mmne t::olpfet::, Ineoe If
o r eOI t:: cm:;hapl>a'Dlb, '1' t::wPEIU, 'DO r't; riu afl 'Da lWt;lh 'Dec
o 'Deemal'lJ; ocuf Ineoe If 'Dwbatt::a 'Dlb, '1' t::wI\9U, 'DO r n :;
piu ar QWIJ'1.
mafa 1'eolt:: 1'maët::a no enectmn1l1 1'0 5aba'D '1'1n l1ep-
flach, '1' cUt::puma1' t::pl11 wt::h5tna 'DO pIG teo a)1 cat; tmrl
2.ÇIWlcent::a, cO)1ab a)1 t::)11 tmÔ 'DO )101e cuQ1UI1lUt' a coUa
tCl1' amwch.
a: ßt::)1Ocm)11 111 e)ll1.1E, a enectmn1l1 1 com1'I'E pe t::mP5 1 Ue ;
lOne-third of compcnlaliol/.-for "an::!15J1la" of the text, C. 16i2, roatls
"l1a cotta, of the bod)","
THE nOOK OF AICILL.
191
Question-'Yhat shall the person ùo who takes the Tlly. nnOK
01'.
forced exaction 1 Let him gi ve notice and fast, and let him AIllI.I..
take distress for compensation with double half-seizure; and
whenever he returns the compensation from him he returns
also the double half-seizure; or, indeed, accOI'ding to othCl"s,
when he does not return the compensation he returns not
the double half-seizure, for it is 'erie '-fine for trespass, i.e.,
because it is eva5ion that increased it; and the case in
which it is lawful to take it as far as one-third of honor-
price is, when the debts are greater than one-third of honor-
price or equal to it. If the debts be less, it does not go
beyond the proportion of debts.
If it be animals that have milk or woe caprzble of work
that were taken in the forced exaction, the first five days of
them are free in case of set off; and compensation for the milk
and for the work shall be made on the second five days, with
the return of themselves (the animals) at the end of those
five days; and if they are not returned, such of them as arc
quaùruple animals shall have additional iBtcrw;t accumulate- .Ir. Run.
on them for twelve days; and a.'1 ?egards such of them as
are animals of double, additional ifttcrest shall accumulate
on them for three days, from ten days forth.
If it be animals which neither have milk nor are capable
uf work that were taken in the forced exaction, the first
three days of them are free in ca<;e of set off: when they
are themselves returned at the end of those three days; but
if they be not returned, as to such of them as are quadruple
animals, additional-interest shall accumulate- on them for
tweh-e days, from ten daysfol"ih'; and as to such of them as
are anirnals of double, additional interest shall accumulate-
on them for three days.
If it be animals of' smacht '-fine or honor-price that were
taken in the forced exaction, an equivalent of one-third of
compensation l accumulates on them for every natural day, su
that it is in three days the equivalent of the animal b would b Ir Bud!!.
become due< to him fl'Orr/, who1lì it has been take?!. < Ir. Would
The sen;rity of the forced eÀaction is, that the honor-price reacII.
al1d thc interest accutllulatc for the samc timc; its leniency,
49
Lebaft a1cte.
THE nOOK a '[;tlOCcnl1Ð If\1UI1pO, In pe all a perëer.n (( nup;:;IUI, Ct111ub
OF bt " . " t
AICILL. a 'O1'! a'D na pe fill peKer a enec ann. e{JJ'38.2.9
1n bmt at::á, Imllppo; t::mpCIt:: Teel1a 1'elr, t::mperr; rte
((
t::pelr, t::wp51t:: ctal'lJ1m CUIC1:;I, ;:;((1P51t:: rcen:; 'Oecma'O,"'11e
t " /- / t b ..
..com O1sr;e pn aCI\..,11m In'O-'\)enmm'O '00 petp1<<pm pet::m1',
ocur bw't:> UI't:>1 ICI r
t:aeb. x
. dA
'f'(t i,.
f
IJJv
wJw Wt "..ø.
1
Cß17r
1 cop 110 1 cun'Opa"O t::uca'O ml'O fin wt::; oCll1' 'Oama'/) 1
l1elll1ac po
abi;a 1<<t::, 110 bu'O anu'O
o U1cnetJ r60,t:: co n-smm-
pa'D no cen ;snímpa'O; ocuj' 'Oama'D , 11((t::h;sabmt po ;sabi'a
o ,m:;, po bw'O ana'O Oppll 1'0 mcne'O n6rmf\1 110 nemnerm111.
o'þflj'1l
Ib Olf
C,,11 (D}
tfJ 1% sf.
/I c'1
tt,
al:((H:; (( ql1 'üOrLlclt; L(UltEILt1 1 r((1tt
Otn co CUtjC.
.1. carc no nottac .1. Irtan act:: co ;:;o11a '1' l1a tmnb 1'1n
hI, ocur mana ;:;ol).a,'1' ;:;mr;sltb '00 p,i:' l',a 0 1'111 ((mach.
hIovt;.,. Pv
alftLeca'ü co mmf1ft.
.1.111 t::m1).bcll'O co mmr'p q11115 110 h05mml1. 11'ta11 aè;:;
co t:opa '1'111 tó 'lJel'lJlnach '0011 cprac no 'Oon n0'5map hc;
oClI1' mana t::opa, '1' t::U1r51ttl 'lJO p,'ë plU orIn ((mat
O'D. :;:;8. OC U 1' Cln'06'O mt;1 ((1r,1:;1 [at::a] op110 ((11'lJ r,n, (W'1 1 mane
bel'ë, co be ump 'Olb 'lJO ne'ëar (( t::lm;smr e IrC'O 'Otc5wP ((
t"' IW'PC; 11a'1 1111 111 ropr na }'ll1pm,'ëer w5 ' , '1' e w51 a nm-
;smpe.
"Derr;b,p,t::,p an
m;:;ël(lr na hona oCl1r anpr 111 mptlc'ëe.
CCnrmt:C1111' na ona, 111 þt::lr 111 pe '00 t::tact::mn, OCur 111 Inp
c. 166S. co mb61nr r etc mr; [anpr an mrt1c'ël, po þnpln pe '00
:a.S"'t:,act::am, ocur f\1 pt::IP co m b6'Omr 1'61'(; mr] ; no 'Oono, cena,
00 Ino In oe '00 t:tact::al11 [1 cect::ao'Oe.]
C.1668. 1- 1- 1- I-
I K"ivt. øpend,-For "-C;a1ytcl1::;," C. 16ï3 reads "-C;e1tset." The quotation
seems to be a frah'lIlent of some old poem.
s After jud!J>1len,t.-For "Ial<mbp.eltmf," C. 16ï2, has "up.mbl<et."
3 Neglect of a loan.-"Om" and" a1p.Leca'Ò" both mean a loan :-the former,
the loan of an)' thing without charge, for a definite time, Lut for wllich, if not
mrned at the end of that time, interest was charged; the latter menns the loan
any thing on hire, for a specified time.
TilE BOOK OF AICILL.
493
however is, that for whatsoever time the additionaI--intefest TilE BOOK
accumulates, the honor-price accumulates fur double that time. AI
;LL.
'Vhere, however, it is said, "knives spend l one night, spears
spend three, swords spend five, shields spend ten," this is the
time of set off
thoy}.equile tö be pro'-Q d ac- ,( f
V 12
cording to after-judgment,2 and there shall be a period of
paying besides.
In cases of barg-ain or contract they were given in this
instance; and if it were in a forced exaction they had been
seized, there would he a stay on tltern according as they were
'seds' capable of work or not capable of work / and if it k Ir. With
were as distress they had been taken, there would be a stay :
;f,;IJ
"
on them according to their nature of necessary or non- .cork.
necessary aI,ticles.
There are three things which require interest for
neglect:
a loan 3 giL'cn until a definite day.
That is, to Christmas or Easter, i.e., he (the bOJ'1"01ee1") is ex-
empt provided he returns it on these days, and if he does not
return it, interest shall accumulate on it from that out.
A loan for a time.
That is, the loan till the time of Spring or Autumn. He
(the bOjTO'lVe1") is exempt, but so as he returns it on thela.<;t day
of spring or of autumn; and if he returns it not, interest shall
accumulate on it
from that out. And in this case there is a
certain tinle fixed for 1.etuj'ning it, for if there were not, at
whatever time it (the thing lent) may be asked for, it ought
to be returned; for as to the thing respecting which no time
has been fi.-x:ed, its being asked for determines b the time. b Ir. b.
The/'e is a difference between the inadvertence of the loan
and ignorance of the lending. Inadvertence of the loan is,
'when he (the bm'j'01Ve1") does not know that the time has
an-ived, and does not know that interest c would accumulate c Ir. Iic'Us.
upon him fm' ovulooki71g it; U)., acco I,d i 1l[J to otltej's, igno-
rance of the lending is: he (the bOl'l"ou'er) knew that the
time had arrived, but he did not know that interest c would
accumulated upon him; or indeed, acconling to OtltC1'S, he d Ir. &.
knew that the time had an-ived in either case.
. 0" it.-For ,. 111U, on them," O'D.
tI rell
"f1.lf, on it!'
* C./tJ73 (Ð.) .fg,
, 'fW1..Hv
O'b'I"'l. I. "
Jrt.
494
leba1ì CCtcte.
TilE nOOK
0,,"
AInu..
[CCnrmt:cel' 11(( n011(( .1. pO r't:11111l r.e 'DO naët:m11, OCHt' 111
pt:l}1 CO mbemll' r en :; mIl. (Cnrll' 1n m)111CI'D; po pn}1 111
)1e 'DO t:wët:mll], OCU1
'DO 1t:1)1 CO mbCIt:I1' rClè m}1, OCUf 111
1t:1}1 ca reè 'DO bw'D ((1}1.
c. lCC
.
'1< ð CoreEat: raeEtann r toI Ee'D.
.1. l'm((èt: u)1 'Dae}1celb 511m'D reme 111 l1em'Dul 111'D, OCUI'
1 naèt:ml1 ((1'; 'Dwbl(('D n5111111}1mTl ((11 1'((e}1celbb 511((1"0
r el ne 1 nem"Oul 111T1, ocul' E'flectCll1n a ö((ëL((1n ar.
11)((1'(( i'P(('D rlClt;(( co 11(( "OClrpëel1lbnf11l1c ((1', flO CI"O wt:
10 l1a celb t:ml11C ((1', 1ll((1'(( el'um (( "OubWllt: )1iu, 1)' cnectml1l
'me anfl, oeur compml1"O rm((t-n{ cm1(( CO 11(( bl re)1 cpm m)l;
(( let; "00 )l15 111 CtJ1CI"O, (( let; mb "00 110111"0 1 LJll, (( t:}1WIl
wn }115 '1' ne)'t1 r l1Cl f "00 11'5 'fl CU1CI"O, a qucm "00 P15 11((
t:tlmt;e Uti oppu)'UI1I t:l'1)', ocul' (( qlwl1 "0011(( rl((t;mb ocul'
"00 11(( et::;((}1rl((t;mb mlet:; et:(()1pu ((11 mC"OO1I.
t11(q'((5pa"O r1(rh( ocul' ((ell ëelle t:m111C ((1', el1eclmlfl "OIC
an"O r o l'; OCUI' HI cUt:}1um(( po ICr(("O 1n cCIle ('0 m ber 11((
céle"O U1b a1111, eO}1ob e"O 1C(!}', ocul' (( pl11 ((1111 0 fee ]'111
um((ë "OIC "O o r t1 m. OCUI' 111 com}1ml1"O cen1(( ((1}1 (( lei; "00
l' P l 5 111 CUtCI"O, ocu)' In lei; mle"Oo }10111"O 1 t:)11.
c. IC;5. nlal
wt: l1a cell,"O(( reIn t:m111C a1' C((11 "OColn "Oot'um, [111]
c, II:;;;. rm((ët: 110 el1ecl(mn [tJ1 t] m1"O, [11' (( IC "001 b] ; OClIl' com pm 11 "0
l'HI((l:t:(( ca11(( OC 11(( b, re}1 CJlUl ((1}1; a qllUlI "00 }115 In
CU1C1"O, Ocur a t:PWI1 '(J011 ETW"O rlat;(( al' a ce11e t:mfllC (()',
:S"ocul' a t:}1WfI mle "00 )10111"0 1 t:}11 : (( LJ1W11 "00 }115 11(( rum-[1
1 He did no! kllow u:l.at del It! u'ollid accumulate upon him.-This seems to mean,
tll1 t he did not kuo" the rate of iutere,t.
2 Wlle,'e the,', is no "WIler ofPI'''jJn-I!f.--Fur "co, oi the text," C, I Ii;;; rea<ls" (Ie, '.
· Jl7tere fllere is 'w ou:/ter qt' prup' dU. -Fur "oe nu ù,:' of the text, C, IG;;;
reads" uC U In LI, ,\ hwr
th..rc i
. t'
TIlE BOOK OF AICILL.
493
Inadvertence of the loan: i.e., he knew that the time had THE: BOOK
arrived, lmt he did not know that debts would accumulate" AI
::'I..
upon him. Ignorance of the lending; i.e., he knew that the
I k Ir. B
_
time had arrived, and he knew that debts would accumu ate a
upon him, but he did not know what debts would accumu-
late a upon him. l
A chief may enforce a hosting.
That is, there i8 a 'smacht'-fine upon a 'daer '-tenant of
the 'feini' grade for not going to it (the host-ing), amI for
coming away from it; there is double work upon the 'saer'-
tenants of the' feini ' grade for not going to it, and they pa!!
honor-price for coming away from it.
If it be a nutn of chieftain grade with his'daer'-tenants
that came away from it (the hosting), or if it be the tenants
that came away from it, if ordered by him (the clt ief), honur-
price shall be paid for it, and it is to be divided like the
'smacht'-fine for violating the' cain '-law where there is no
owner of property :2 half of it goes to the king of the province,
ctnd the other half is divided into three parts; of '/.chich one-
third goes to the king who is nearest to the king of the pro-
\ ince in upward gradation,b one-third to the king of the b Ir. l!p-
tenitory who is over those beluw, and one-third to the chief.') 'i'aI'd.
anù intermediate chiefs who are between them in the middle.
If it was a num of chieftain grade, and one tenant that came
away from it (the hosting), honor-price is to be paid for it
(the desation) also; and the share which the tenant shoulrl
pay, if all the tenants had been concerned in the case, is
what he is to pay 1101/', and the remainder is to be paid Ly
him (the pusonof chieftain gmde). And the same division
is made of the half for the king of the province, and the
other half is divided into three parts.
H it was the tenants themselves that came away from it
(the hosting) without his (th
chief's) leave, the' smacht'-
fine or the honor-price which is due for it are to be paid by
them; and the division of the ' smacht '-fine for violating the
, cain' -law i8 to be 'iTI/lde of it where there is no owner of
property;3 one-third of it goes to the king of the province,
and one-third to the man of chieftain grade whose tenants
callie away, amI the other third is to be di,ided into three
1)((1'f..,; ulle-third of which goes to the king of the district
49G
Lebat'\. ((1cte.
TIlE BOOK tJ1l Oll)1U1'llm a1',OClI1' a L)1WI1 '001W -çtut;mb oClIr '00 11((
AI
I.. e"Gullflcrë,b ml e"Gu)1)1l1 U)1 111e'O0I1.
111u "Gu11cu"Gull luët:; 1'maët:u OClIr eneclm11111 aI', can
ctJ1b'0 1tJ 1' '00 5abml ut:a)1)1u, aët: caë 'Olb '01C a la11u Ull a
('"((151'5 bu'Oé11l. Hoco 11Eabu ctJ1b'OllIr 1"G111 luët: rmuët:((
OCUt
eneclm111l1, noco nEaba 1n)1 lllet: 'Owbult:a nee '01b
1np.
Cach U((lll 11'maet: 1ct:ap ((1111, '1' a 1C fO mcne'O 111 n
1Cat
; OCll1' cae U((1p'r encclan11, 1}' a 1C 'Ça ((1cne1) 111 "G1 )111'
10 1 111 C"Gall.
c. IGj4. C1'O 'Ço'Oerw c011a'Oh mo ap 11a EI1a"Omb flai;a [cen
"Oul 1f1n 1'101511)] na all na ;':;)1a'Omb feme? 11' e ra-ë
fo'Oepa; mo '1' t:lí)1bllO'O "0011 "Grl01Ee'O no "Oon 'OU11U'O na
Epm'O flata na ecmmt
1nall:; 11a 5pm'O 'Çeme, ocur 1110
/óp ecm ll a ler tat:, OCUt
C01p cwmu'O 1Tl0 110 be1t:h oppo.
(7hØt';'
)-
C1"O 'Ço"OCJ1a C01la"O 1110 OPllO 1 "Gwet:mn aI' 1na neam"01I1
111'O? 11' e fat; fo'Oe)1a; mcbe11e '0011 )l1E a 'Çacbml amute
a C)11G neambe1'cna 11la lle11l'Ou1 le11' amach ro eet:01p.
Cach UCl111 1r111aCt: 1'111, 1}' fO mC11C1) 111 n 1Car; cae ump
)0 1}' eneclann, '1' fO mcnc1) 1n d p1f11l1ct:a)1'
ma luet: 1'111Ue"Ga ocu1' e11eclat11111 "Gatl11C ar, crëfeEl'a)1
cU1b'0 1U r et:ap)1u 1'1"Oe, .1. 1n luët: 't
1110 lun '01C 1la 1111ap-
Cp((1'01; OCU1' t:ecmt: a CtJ1b'OCJ' a)1 a111U}' 1n 10et:a bur lU5 a
lan, OCU}' C01111Cm:; et:a)1t1u.
1S" 111ara luct: t
maë"Ga ocu}' "Owbuh;u 5111111p(1), OCUt' cne-
clm11111 ocur '01abalt:a E111111)1m'O, t:ml11c ar, noco ncrëfeEt;a)1
cmb'Oer et:aftpu, act: cae '01b '01C a lan11a ap a a5U(1) bu'Oe1n ;
U((1P at:feEl'ap cmb'Oer 1"(1)1 tuct: rmact;a ocur en ectm 11111 ;
THE ROOK OF AICILL.
497
who is over them, anù one-thirù to the chief.
and intenne- THE BOOK
diate chiefs who are in the middle between them.
If persons incurring" 'smacht '-fine and honor-price came
. Ir. Of
away from it (tlte hosting), they are not to be taken con-
juintly, but each of them is to pay his full share for himself.
Persons incurring" 'smacht '-fine and honor-price, or persons
incurring" double of either of those, are not to be taken
conjointly.
Whenever it is 'smacht '-fine that is paid, it shall be paid
according to the rank of the person who pays it; and when-
ever honor-price is pnid, it shall be paid according to the rank
of the person to whom it is paiù.
What is the reason that there is a greater fine upon
the chieftain grades for not going to the hosting than
upon the ' feini '-grades 1 The reason is; the hosting or the
fort-making suffers a greater loss from the absence of the
chieftain grades than ]"1'ùrn that of the 'feini ' grades, and they
are more needed, and it is right that there should be a
greater fine upon them.
What is the reason that there is (t greater fine imposed
upon them for coming away from it (the hosting) than for not
going into it 1 The reason of it is; it is more dangerous for
the king to be deserted outside in an enemy's territoryb than b,Ir.A
n
that they (the tenants, &c.) should not go out with him at first. ;t
=g.
Whenever that penalty is 'smacht '-fine, it is regulated
according to the rank of the person who pays it; whenever
it is honor-price tlwt i8 due, it is 1'Cgulnted according to the
rank of the person to whom it is paid.
If it be persons incurring" 'smacht'-fine and honor-price
that came away from it (the lwsting),equalizatioll is considered
between them, i.e., they who have the greater full fine pay
the excess; and they come into shares with the persons who
have less fu11fine, and they pay equally between them.
If it be persons incurring" ':"macht'-tine and ùouble-work.
and honor-price and double-work, that eame away from it (tlte
hosting), equalization is not taken into account between
them, but each of them pays his full sluo.c on his own
account; for equalization is taken into account between
persons f!"Om wh01l1 . smacht '-fine anll honol'-price are clue;
VOL. III. 2 K
OJ!'
AICILL.
498
Lebap. mete.
TilE BooJt OCUt' noco nat;rep;a11 1np. tuct:; 1'mac<::a Ocu1' "01abatt:;a
0.. "
AlCII.L. ETl1mpm"O, no 1nJt tuet:; enectm nm ocu1' "01Ubatt:;a Emmpm'Õ,
act:; cae "Olb "01C a tana a11 (( aEaI"O bu"Oem.
Fmlt '0000 ceo 1mcomet: C1me'ùa.
C.1676. ø .1. 1n C1ml"O, act:; ma 110 act:;m5 cUlbpec mp1t;1 mr, [ocur]
rna 1'e 1n cU1b11ec pn t:;uca"O mp, 110 cU1bpec 1f "Ottp;I1;1
anal', no '1' com"Ottp;ee 111f, cen fir et:;aUmr cU1bp1E "Olb,
'1'tan "Oon n 111mb 1 tmrn e co: 110: eto'Õ 0.1' 11e.
ma 110 act:;mE In cU1bpeè mplt:l, OClq
t:;uc 1n cUlbpeë t'm
{ ((1P, co f1r et:;aUm1', no cU1bpec '1' 'rtlU anal', cen 1'11'
et:;a1tm1', ocut' po bl a t:;l1ICp co nucf(("O ar<::a"O "Oe, '1' tCt;
pac 1!1 clna"O pIt' 1 pmb1 "01C 'Von n 1 pmbl 1mm he, oC
lr
tet; f1UC cae C1na"O "00 Eena 110 co n 116 "011Ee'Õ.
mana11 CU1bp1E 1np he, no ce po CUlbplF:, mara p.u1bpeè
IS- co 'Pt' et:;aUmr t:;uc alp, ocur po bu cln"On telt' 11a nCfa'O
"06 a at't:;u'O, 't' 1an f1Uch 1!1 C1!1a'O pl1' a p01b1 '01C "Oon n 1
11mb1 tatm he, ocur tan p((ë caè C11l(('O"OO "Oena no co n 11Ð
"011 Ee'Õ.
ma po aC'C((1
e'Õ cU1bpee m111t;1 <<1p. OCUr!11 t;Ucart:;a11rUm
'-D 1!1 cU1bpec pn mp, no C1U t:;ucurt;ap, m(( po C111"On tell' co na
t:;1cfa'O a art:;(('O "Oe, 1ca'O t((11 pac 1n CIIlU'O 1ma11 Eaba"O,
ocut' tan f1Uè cae C1!1a'O "00 'Oen(( no co n pe 'OtIEe'Õ.
C, Ib 77,
mana11 aèt;mEe"O cUlbl16è mpl
1 ((Ip 1np, aèt:; a cU1bpee
cella, CI be cU1bpec 1l1te '00 bepa m111n n 1 pmb1 tmm 11e,
J 0 11a bw fir e<::attmr mCI, oCUt' 0 but' t'1 a <::IIICr' co t:;IUC-
fa"O a art;u"O "Oe, 1't(m '00 ce na e10"O Cf1
he.
111ana11 e1,ba'O PI1
a cU1b116è 1np, aèt:; a comet:; cena, 1'1an
"Oorum ce helm HI' he. 0 'Oa ;:;ena U C01tnet:; cen '01ëeU. IJo
THE nOOK OF AICIJ J..
499
but it is not taken into account between persons from whom Tm; BOOK
'smacht'-fine and double-work, or honor-price and double- AI
Ll..
work are due, but each of them pays his own full share on
his own account.
Neglect indeed in not guarding a captive.
That is, as to the captive, if a particular fetter was agreed
tù be lJUt upon him, and if it was that fetter that was put
upon him, or a fetter more lawful than it, or equally lawful
with it, without knowleJge of defect in any fetter of
them, the person in whose custodyB he was is exempt even aIr. Hand.
though he should escape from it.
If the particlùar fetter was agreed on, and ifhe (the l.:ceper)
put that fetter upon him, being aware of a defect in it, or a
worse b fetter than it, not being aware of any defect in it, anJ !r. LO>/Jtr.
it was his belief that it would restrain him, he in ,,,hose
custody. he was pays half the fine for the offence for which he
was in custody, and half the fine for every offence which
he shall commit until he submits c to law. aIr. Comtl.
If he (the kecpel') did not fetter him at all, or though he
did fetter him, if it was a fetter of whose defect he was aware
he put on him, and he was certain that it would not restrain
him, he in whose custody. he was shall pay full fine for the
offence for which he was in custody, and full fine for every
offence which he commits until he submits to law.
If it was agreed to put a certain fetter upon him, and if
he did not put that fetter upon him, or though he did put it,
if he was certain that it would not restrain him, he shall pay
the full-fine for the offence for which he was arrested, and the
full fine for every offence which he commits until he submits
to law.
If no particular fetter was agreed to be put upon him,
but only that he should be fettered; whateVE:r fetter the
person with whom he was in cU,>todyB puts upon him, provided
he is not aware of its being defective, and it if! his belief that
it will restrain him, he is exempt though he (the. captive)
should effect his escape.
Ifhe was not ordered to fetter him at all, but to keep him,
he (the keeper) is exempt though he (the captit'e) should
escape, provided he keeps him without neglect. Or, indeed,
VOL. III. 2 K 2
500
lebap. a:,cte.
THE BOOK '00110 ë611a, comero lal1 pac 111 C\11a'O l"f 1 rta1b1'O\C 'Oo,OCt.11'
OF 1
.. 1 ..
AICILI.. a11 pac cae C11lero '00 'Oel1a co n 11e '0 '5e'O; UUlt1llOCU
comet:; 'Ot1t;t:;ec he ma po ela at' he, UUlp '1' e'O a 'Oubpa'O
^ 0. [C"77) p 1 1' a C01metí, ocu1' 1l0CU 11<<mmt c01me
tl1e mapo eta at' he.
$" Cm 'ro'Oepa tm1 pal: \J'111 fUlU rea, OCI1I' co l1a fU1t actí
Ult:;h5\11 '1' l1a 'rmltUlb aile? 11' e fa'ë }:o'Oepa; beo ['01t6]
comc a 5mt:; bU'06\11111 "OU11le, ocul' "Om'Ll \1l"011
1i'J mp111 n
'00 11.1116 fUlU 1me; ocul' CU1P cema'O lal1 paë mp.
C.16ii. [tnal1a 11.0 aët:;m5 cUlbpeë a1p\t:;e alp \t:1p, al:t:; a C01me'O,
lð '1' ammt C11ll1'O C111 ect:;u5a'O eU1b1u5 alp1d1e é, \111 a 1'la1111::1
'00. }30 '00110, co 11a bu'O ltrsa 1e11' no al:<:;u5(('O cU1bp15
alP1tí1; UClI11, (( 'OubUlptí )1,11' Ci f'Olmpt:.
CI'O fO'O{'I1U co n(('rU11 ((ët:; te'ë p((ch '1'111 m'ëne 1'o,OCllt'
co 'rU1t t((11 p((ch 1J'1n nmdl1le e1te 1 11' 6 111 fCl'ë 'ro"OepCl ;
-111 mt11e '1'111 111Ut:; 611e 110l:0 'Lelt:; a1' a 1111wt:; 1 co 111 belpel1ll
llee 61te, oeu1' 'rmLL '00 P15'1e m111p1, oeur COlp eC111ero 1I101<:;e
11111t:;e. tn mt:;hl1e 1'0 1 mop po, 111 ÙI1'06111 pI1CI1r<:up (no pur-
at:;l;) ((1111 h" ocu1' COlp ce111a"O tu
mt:;e 11111<:;C,]
111 aI'ël1e 110CO t:;élt:; al' a 11111(('0 hI co 111ùe1pll1'O 'OU111e h"
u ocu1' 'rmU '00 P15'11'O 1mp1, ocul' COI}l cwma'O 11101t:1 111'Ot:;1.
C 1L1g(Ð.)
Fmtt 1)000 'DO c01111mb CE111mcomeé caé ect111l'õ.
.1. 111 eO'011((C 'O((tl e11Ù(('O 111 tíeCO'Ol1al: '00 C01metí pe pe
naen timpe, '1' ta11 pal: U(('O 111 cae C11W1"{) fepJ'a1t:; bepa
c, 6iR. ocu1' 1'tea5a, [C1p oel1r docha], aUa ocur "OtH'I111111'O((, pUlb
2bOeU1' 'Oeop(('5((, ocur ((el' bl'Obul1a1r 11(( CJUC1 a1p co p1' ((
111 bl'ObanCll1'; '1' (( 1e 1'111 'OOn n "Oa}1 epbero (( e01mer., C1CI
<:;apu1' amU1l: ]'111, ce11 co t:;((p'ëUI'; 110 '00110 C611((, '1' C([1J
J Neglfct in k"l'ingit.-The word
in parenthesis in tIle Iri
h are an interline,1
aliter rea<1ing by another hand.
2 Out of its plaa.-From tlli5 and other pa..ap;es of a lil,p J<ÏIIII, it \\,"Id
appear that the impri.sonment hefl'l ref('rred to W.I
111 t in :t reg-uJ:lr
:101. but Wa... a
f'ort of lilJPra ("us',jdia.
TIlE BOOK OF AICILL.
501
fUXonling to othus, he is to pay the full fine of the offence TilE BOUK
for which he was detttÍ/wll, and full fine for every offencd AI
;LI.
which he may commit, until he submits to law; for it is not
a lawful keeping if he escaped, because he was ordered to
kee}J him, and it is not like keeping if he escaped.
What is the reason t!tat there i,'i full fine for this neglect,
and that there is only compensation in other cases of neglect ?
The reason is; a man is a live chattel that can" steal itself,"
and it is to punish the person who neglected to gua/"(l him,
for his illegality; and it is right that full fine should be
imposed upon him.
If no particular fetter has been agreed to be put upon him,
but that he be kept, he is as a captive without specification as
to any particular fetter, in respect of exemption. Or indeed,
cwc01,ding to othei's, there would not be less due for neglect
in this case than for neglect in the case of specification of a
particular fetter; for he was ordered to keep him (the capti't'e.)
What is the reason that there is only half-fine due for
ncglect of this charge, and that there is full fine for neglect of
the other charge? The reason is; the charge in the other
instance would not go from its place until another should
remove it, and neglect took place with respect to it, and it
is right that there should be more for it. This charge, how-
ever, removed itself, or stole itself, and it is right that there
should be less fine for neglect in keeping it}
This charge i.e., dead chattels, would not go out of its
place
unless some person took it away, and neglect took
place respecting it, and it is right there should be greater
fine for this case.
Neglect indeed by sensible adults in not minding
the non-sensible.
That is, the sen<;ible adult who was ordered to mind a non-
sensible person for the space of one hour, shall paykfull fine for' Ir./øfr.Onl
every injury which spikes and spears, stocks and stones, cliffs him.
and precipices, animals amI strangers, amI the enemies of the
territory, he (the Mnsible adult) being aware of their enmity,
shall inflict upon him; that fine shall be paid by the person
who was ordcred to mind him, whethcr it
)
502
Lebar. a1cte.
TnE BOOK -caJ1paèt:;Wfl aml11ë at:;a I'm 'OIC 'OOt'U01; ocut' ma t:a)liur
Þ h .
AICILL. amU1C e, co fla ICarUm fl1 an'O.
ma t:apt1l:;ap 111 'Oe amIne, OClIr 111 t:apt;1t:ap he l11le,l1ì
t:;wnmpmfl'Ol '0011 lal1 1'1aè 11a t:;ap-t;1\:;c:rp nmU1e, copob 6 111
t7Wflmpmf}'01 1'111 'Oon lan pach Icaron.
mat' amac po 1'05wt 1fl t:eco'Onae, ae-c mat'a bl-t;b1flec
he, ma po 1t:;lpt'om a bl-t;bmcl wp, 110 ma po 111'011'6'0 '00, '1'
tafl 1'0 WCfl6'O a bl-t;blflel 'OIC afl'O. mana 1t:;I)lrUm a blt-
blflCI1t;1p, '1' lan 1'0 WCfle'O Wf1 'OIC e(11.
D let pac 1'op a Wt;1 oCUt' 1'op a mU1me
lIt' m cae Cfl6m
1'ep1'alt:; bepa oCUT' t'leEa, alla oCUt' 'Opelmeflfla, pUlb ocut'
'Oeopa'Oa, octtr aer bl'Obaflmr 11a C)11èl, co Pt' bl'Obuflmt'
OPP% 't' a IC 1"11 'Oa mn ocut' 'Oa bUlme, C1a t:;aput' ImUle he
cefl co t:;a11Uf; 110 '00110 èefla, 't' cafl t:;apact:;wfl amwc m:;a
C.1679. õ r '11 ; ocut' [ma] -caput' Imwc he, Ee1bl'O Epelm 'Oar a
Cefl'Or Um .
tftlt)tJ3
mar amac )10 1'OEwt 111 'Oalt:;a a cct:; cm compwn, '00
fleoc 1 r01èéñ
elplC 'OIC '0011 wn a 'OualEUr cet:; Clfla'O;
v
ocur 1I111at:;u a cma'O flO co fl'06pna a atèllp 1'op a at:;ha1p;
:10 ocur 0 '00 EeflCl a crècu)l 1'op a at:;hmp, a Clflt:;a bltblflCI co
1'mll 'OIC 'OOfl wn, ocur a CI11t:;a bltb1flCI cefl falll 'OIC 'Oa
at:;hW)l.
CC-t;chUTt Clflcro 11e IWlr '01a1l-cp'pl1,OCUr !lOCO l1a'tëup mr l ;
ocur 'Oama'O atëup ((If1, po bo'O raep Ifl t:;Wt:;1 ar a ClflW'O.
1 Whether it occtlrred out8ide.-The words ''{;C!flUr,' or ''{;C!l'tur,' and the other
forma from the same root have beeu rendered by Dr. O'Donovan here and in a few
snbsequent instances, · occurred,' or 'happened.' Elsewhere they are rendered by
'waa obtained,' 'seized,' . recovered,' &c., meanings which appear to auit the
present place very well. The sense would then be "whether it (the fine) W88
recovered outside (i.e., from the parti.u reho aäuall!J di.d the injury) or not." It
has not bee
thought advisable. however, to alter Dr. O'Donov8R's translation.
, Uv ')Ud't
THE BOOK 0];' AICILL. ) ? 503
LrNWtnJ'I- + '/, mt,)
f:\.rt},. (J J) & M'fJ-'t"
occurred outside I the ternt07'Y or did not occur; or indeed, THI!: BOOK
acc01'ding to othe1'8, it is when it did not happen outside this AI
,L.
is to be paid by him; and if it happens outside, he shall
pay nothing for it.
If any part of it (the injm'y) happened outside, and if it
did not all happen there, the proportion of the full fine fino
the P(L?t of it that did not ba.ppen outside, is the proportion
of the full fine which he shall pay. rt
If it was outside tlte tC?'}'it01'y the non-sensible person
1I
t w 5rJ þ r
committed the injury, and if he be a vicious person, if he
(the guanlinn) knew of his viciousness, or had been told of
it, he (the gu(wdian) shall pay full fine, according to the
nature of the viciousness, for it. If he did not know of his
viciousness at all, he is to pay full fine according to his age.
On his foster-father and on his foster-mother half fine is
impose(l on hi..
accownt; and for every wound which spikes or
pears, cliffs or precipices, animals or strangers, or the enemies
of the territory when their enmity is known, shall inflict
upon him. This fine is to be paill by his foster-father and
his foster-mother, whether it (the injlu'y) happened outside
or not; or indeed, acc01'ding to others, it is when it has not -
happened outside this is paid; and if2 it llJLQ. hqp pened "j-4,,,-.'1""';r -f
,,t
takes effect for them.
If the foster-son has committcd his first intentional
offence outside the territ07'Y, 'eric' -fine shall be paid by
the foster-father for such as would incur honor-price, on
account of the first offence; he pays also for all his offences,
until he returns him to his father; and when he has re-
turned him to his father, his otff'nces of viciousness arising
from k neglect are to be paid for by the foster-father, and air. With.
his offences of viciousness without neglect, shall be paid by
his father.
This was a case of returning a fùstm.-son for hi
offences
before the age at which the fosterage is completed, and not
returning after b attaining that age; and if it had been return- b Ir. Of.
ing after b that age, the foster-father would be exempt from
lútbility for his offences.
And if.-For 'ma,' the reading in O'D., 1536 (E. 3-[í, p. 57), i
'm' which
does Dot appear to make
enle.
504
tebap. mete.
fHII BOOB: CI'O 1'o'Oepo co ftllL L((1l 1'1((C Op111 CO'0110C 'OOp epbo'O III
OF
AICILL. t;eCCO'0110C 'DO cOImet; pe pe 110e11 umpl, ocur 110 ftl1L act;
Lei; poc op a om, ocur ap 0 btllme? 11' é roi; 1'o'Oepo;
u1"'1'0: '0011 n 'Oafl epbO'õ 0 comet; pe 11e l1ael1 umpe, 110 '00
5" mn ocu1' '00: btume 0 comet; '00 Eper; ocur COlp ce 110: bei;
c, 1680. tOil [poè] Op111 n 'Oap epbo:'O 0: comet; 1"e 11e t1((el1 \1atpe,o l1a
'Oepl1O: 0 comet; co 'OLtsèec; 'OotLEI 'Ooon:::t ocur '00 bUlme 0
C.1680, comet; 1muppo, ocu1' COlp cemo:'O L\1 [oppo]; 1\0, '1' comLu-
;;U'O LOl1aml1mr cella tt;o tnp111 tlmn OClI1' 1n 'Oab;a, c(m
tlt 11' mo UCl'O 110: Lei;.
mCl po OIL co oer '01alb:::pt, Ocur 1tO tC 0: cet; Ctl1 com-
1" atn , '1' t;ptal1 COtpp'Otp1 l1a cet; cnet't>1 compmn po repa'O
atr '00 bfle\i; '0011 mt;1, C1'D mct Ct'D ta}l. l1'Oul UO:'O po 1'epa'ì)
at p h,.
IF tTIO:l1ap OIL co o:er 'Otmtt;pt. ocur 111P ic 0: cet; cm compatn,
c. W80. o:ct; mol' mct po 1'ep[O'õ] Cl1e'O mIl, tr t;ptol1 com LOll '00
breti; '00; mar Opl1'OUt UO:'D, 110CO betpen'O 110C 111.
mO:tltp OIL co 11Oe1' 'OtmLql1, ocur po IC 0: cet; CII1 com-
pmn, tl1 t;m I1mpm l1'Ot '0011 pe po mLe}'L:op cupub e 111 t;atl1m-
:Jr pO:1tl'Oe }'Ill bet per, ct't> mct, Ct'O tap l1'OuL Ua'ì) po 1'epo'O
Cl1e'O atp. Ocur mort cet; CI1C'O po p'pa'O ((1p 0 mapba'O, tr
t;ptal1 COIPP'DI}l1 111 cpoLt batr '00 bpeli; '00; 110 'Oono cena,
Co 110: het. l1i '00 Inl', Ua1pI10CU namml cnet't> LeI)' In bar-
UEO:'O.
t
Þ1v"SIl.
J.. ' )
l
"'"J
-
THE BOOK Q}' AICILL.
505
"'hat is the reason that there is full fine imposed upon THE B("'K
the sensible adult who was ordered to mind the non-sensible AI
;'.,_
person for the space of one hour, and that there is only half
tine imposed upon his foster-father and hi:; foster-mother 1
The reason of it is; it is ea."ier for the person who ,vas
ordered to mind him for the space of onf' hour to do so than
for his foster-father and foster-mother to mind him always;
and it is right that there should be full fine iJJLpOsed upnn
the person who wa" ordered to mind him for the space of
one hour, when he did not mind him properl)'; but it is
more difficult for his foster-father and his foster-mother to
mind him, and it is right that there should be less fine im-
posed upon them; or, accoi'ding to othei's, it is an adjustment
of social connexion that exists between the foster-father
and the foster-son, so that there is no more than half fine
,'eq llii'ed from him.
If he fostered him to the completion of the age of foster-
age, and paid for his first intentional offence, the one-third
of the body-fine for the first wound intentionally inflicted on
him shall be obtained by the foster-father, whether it was
inflicted on him while with him, or after he had gone from
him.
If he did not foster him to the age of completing the fos-
terage, and did not pay for his first intentional offence,
and if it wa" '1.chile with him (the fostel'1"ather) a wound
Wa.') inflicted upon him, he (thlJ fosta-father) shall obtain
the full third of the fine; if it bf' after he has left him, he
obtains nothing.
If he did not foster l1Ïm to the age of completing the fos-
terage, and paid for his first intentional offence, the share of
the fine which he gets is proportional to the time during
which he fostered him, whether a wound Wa.') inflicted upon
him while with him, or after he has left him. And if the
first wound inflicted on him killed him: it is one-thid of . lr, B' lilt
body-fine for a death-maim that shall be obtained by him AillinO.
(the fostcl.-father); or else, according to othus, nothing shall
be due to him at all, for putting him to death is not like
iaflidill!J a wound upon Jñm .
I.u.
506 tebap, a,cte.
a'
, '>08 j,4tt)
ldwv<t
THE BOOK [Catmm'D6ch em 1meh01meL'. .e,v <-?
OF
AIClLI_ .1. 1n 'OU1ne 'Oa po hepba'Ò In t::aLmm'Òec '00 c01lïler; pe pe
c. 1708 . naen umpe, Let; pac caca Cnel'Oe reprQ1r; berta OCt1r rLes((,
Clp ocur ctoca,ocur aU(( octlr 'Opemann((, pU1p ocur 'Oeopam
6" octlr aer bl'Ò15amWlr Ila cplce co 1'11' a mbl'Ò15(mWr op)1a;
octlr ceipulme In Lei relc 1'111 ap reUac po bw aca r elU -
cecr;. 1nall'O ocur recr;ma'Ò III Lwn ; '1' a IC 1'111 'Oon t;1 'Oap
hepbai> a cOlmer; In r;an naIl fer; a t;erap5mll E(m corhp((c
p'r; octlr 7>a re'Oa'Ò a t::erap5mn 5an comp((c 11'1', 111
ID CUt;pum(( po bw'Ò 1 nemC01nlet; a hecof)1lW5 wLe, 5t1pab e'Ò
b1ar uaD In a lleI11C0l1ïle'Orom.
1I1a iappmS((ll r'll amUle, 'rL(m 'Ool'tllï. ; m(ma t;apr- m -
'ËPP, '1' a IC 'OOr an .
mar amac po t-'OsmL In t;((Lmm'Òec, III cUt;puma po Ica"Õ-
lS'r om 1 Clllm'Ò a heco'Ònm5 elLe, Eupab he a Lei IC(f)' In a
clnm'Ò rom, III t;an Ilap re'O a ierapEmn 5an com pac p l r;
ocur 'Oa re'Oai>, III ctlt;)1uma po Ic
a'ÒrOtÌl a clllm'Ò heco"Õ-
11((15 elLe, 5upab e'Ò ICar III a Clnm'Ò rom.
CeillQ1lï
e rOll a ((In ocur
op, (( uU1me 111 t;((L1Il((l'Òe cae
10 cnel'Òe r e pQ1t; bepa octlr rLeÈa, Clp OCur ctoca, p1l1p octlr
'Oeopm'O, ((Ua ocur 'Olwmall'Oa ocur aer bl'Ò15allllmr co 1'11'
a mbl'Ò15annmf mp, ocuf 111 t;an nap re'O a ieraPEmn 5 an
c01npac plr; ocur '00 te'O'Omr a t;erap5mn 5an cOI'iípac p l r,
In CUt;puma p015la"Õum;I15lnemCOme'01n 'OaLt;amLe ;supab
.,w6'Ò bwr U((1t;I15 111 a nemeOnle'OrUn. Ceipa111Je na cei}1mme
1'1 11 ap 1n reUac po bm asa reIUCeet;. 1ncmn ocuf 111
r e1 r e 'Ò pan'O 'Oe5 111 La1l1 ; Ocur ce t;appm5at1 r'n amU1c, '1'
a 1C 'OOrUm, U((1)1 0 UW1' Lanaman'Oa ocur 'OU111e n((c Lan({fll-
_ If.." It- <f 1 Ãn
pileptic lunatic.-In C. 2.8[)5 "t;aLmm51" is explained, Ita man who has
- OIJVv'" J01I. S P ' di . h f 11 " " k ..
epIlepsy, or t. aule selUle, I.e., tea mg SIC ness.
2lfthis occur/'ed outside.-Vide note, palOe 502.
THE BOOK OF' AICILL.
50ï
eCF f /,'1,
F01' lcaving an epileptic lunatic 1 unguarded. THY. BOOK
OF
That is, the person to whom orders were given to keep the ÅICILL
epileptic lunatic for the space of one hour, shall PflY half
fine for every wounJ which spikes and spears, stocks and
stones, and cliffs and precipices, hea<;ts and strangers, and the
hostile people of the territory, if their hostility is known,
shall inflict upon him; and one-fourth of that half fine is
'imposed upon a spectator who was looking on at him. It
is equal to one-eighth of the whole; this is to be pain lJY
the person to whom orders were given to keep him, when
hc was not able to save him without fighting with him; and
if he ShOlÙd be able to save him without fighting with him,
then the same .fine that wouIa be irnposecl on him for not
keeping any other non-sensible person shall be imposed on
him for not keeping him.
If this occurred outside 2 the teNitory, hc is exempt; ifit did
not so occur, it (the .tine) is to be paid by him (the keeper).
If it was outside the tC1'1.itOl'y the epileptic lunatic com-
mitted the injury, 'wh(tterel' be the proportion of fine which
he (the keepe1') should pay for the crime of another non-
sensible person, it is half thereof he shall pay for his (the
epileptic lU1wtic's) crime, when he Wa.'> not able to save
him without fi
hting with him, and if he were, he shall pay
the same fine for hi,> crime that he would pay for the crime
of another non-sensible person.
A fourth of the full fine is i'mposed upon the foster-father
and the foster-mother of the epileptic lunatic for every wound
which spikes and spears, stocks and stones, heasts and
strangers, cliffs and precipices, aJld hostile people, if their
hostility be known, shall inflict on him, and when they (the
fostCl'-pal'ents) could not save him without fighting with
him; and if they could save him without fighting with him,
thcy shall pay the same proportion oj fine for not keeping
him, as for not keeping their foster-son. A fourth of that
fourth is irnposed on the spectator who was looking on at him.
It is equal to one-sixteenth part of the whole; and though
this occurs outside the tCl'ritory, it (the fine) is to be paid by
him, for when a person with whom there is a social relation,
?
508
tebap. ((lcte.
Tift: nOOK ((Jl'Da a;s 'DelWIll f051a 1111' III t:;1 '1' tanW1Wll'Da, 110ca
01" nU1-èr e Ëa)1. ëU1' Dt51 1' eL; u 1 1 1 1U , aèr; caè "01b "00 1C a tU11l a l l
.\ICILL.
W;S1'l> bUDmll.
mar atllac 110 fo;Swt 1n t:;almwDeë, 111 CUt:}1Uma po
,
1c
a-5rU111 I C11W1'Õ 111 'Datea 'wle, ;supab 11e a lei'; 1care 1na
èll1((I'Õ rUIl1 111 t;all ncQl fe'D a t:;er((p;SWIl ;SUIl C011111ac )11}';
oear 'Da feDatr (( t:;er((ll;SWn ;S((11 COn111((C plr,1n CUt:}luma
)10 1C
W'Dlr (( ClIWID an 'D((lt:;(( atle, ;sup((b eD 1cmt:; 1n ((
C11lut'Õ }'um.
:> C1D fO'Della co na fU11 act:; let; p((e ap 111 'OUllle 'Dall hep,-
baD 1n t:;almwDec 'DO eOlnlet:; 11e 11e 11aell UW11e rUIl'D, OCur
co fUll tan pac all 1n 'DU11le 'D((ll hellba'Õ 111 I16CODllaC 'DO
COlfÍ'let:; pe 11e naell uwpe t;ual
? 11' e 1n fat; fO'Dep,a; ap ((
lar llw 5 e ocur (Ql a 1I1cm611e III 'DU1ne 1'un'D reac an 'DU11le
.5" tuar; ocur tl1 cun]((lIl;S a t;er((PSmll ;SUIl C01ll)l((C 11'1'; ocur
'Da caetllra'Õ, 110 bla'Õ lan pac all'D run'D, amatl m:;a tuar.
C1'Õ fO'Depa co l1a fml act:; cetllatme ap att:;1 OCU}' ap bU1tlle
1n t:;almw'Õe rUn'D, OCur co fU11 let flac (Ql a Wt:;1 Ocur all
a bmme 111 eCODnatË tuar? 1r 1 III fat fO'Della; a}'\ a
101arnW5e ocu}' all wcme11e 111 'DU1ne rUIl'D ree all 'DU1ne
tuar, OCur 111 Cl11lll5ell'D a terap;sWIl 5an conlllac 11'1'; OCU1'
'Da Caen1raDatr, po bla lan pac an'D rUn'D atllwl m;a tuar.
lJo 'D01l0, co Ila bet a larnW5e no a
1'
l
a!Se no a atc-
b611e'D0 arë):'es(('D 'DO ((1t:;1 na'DO bU1me 1t:;1111 le
r'1', act:; no
4e
flac f O PI1((r Utll rUn'D amutl at:;a fOP a utt:;t OCU1' rOIl a
t5mme 111 eCO'Õllm;5 tuar, aët:; ap DOIt5' a (;Ottlle'Da cena.]
THE nOOK OF AICILL.
509
and a person with whom there is not a social relation, do an THE 1I00K
injury to one with whom there is It social relation, there is AI
L.
no equal participation of liability taken into account between
them, but each shall pay his full fine on his own account.
If it was outside the tejTitoj'y the epileptic lunatic did tIJC
injury, 'l.l)hatevej. be the proportion offine which they (the
fUl:3tej' pfll"ent8) should pay for the crime of the other foster-
son, it is half thereof they would pay for his crime when
they could not save him without fighting with him; but if
they could save him without fighting with him, they would
pay the same proportion of fine for his crime, as they would
for the crime of the other foster-son.
\Vhat is the reason that there is but half-finei?nlJVsed on the
person who was ordered to keep the epileptic lunatic for the
space of one hour here, and that full fine is to be paid by the
man who was ordered to keep the non-sensible person for
the space of one hour above? The reason is; on account of
the furiousness and dangerous nature of the person here, com-
pared with the person above refe1Tc(l to; and he could not
be saved without fighting with him; and if he could, there
would be full fiue due for it (the neglect) here, as there i.,
above.
"That is the reason that there is only one-fourth of tlte'
fine upon the foster-father and foster-mother of the epileptic
lunatic here, and that there is half-fine upon his foster-
father and his foster-mother, i.e., of the non-sensible person
above? The reason of it is; owing to the furiousness and dan-
gerous nature of the person here 1'efm'j'ed to, compared with
the person above; and they cannòt save him without fighting
with him; but if they could, there would be full fiue due' for
neg{('cting him here, as there is in tlte C(I,.;e above 1'efcI"I'('(l
to. Or indeed, according to othe1's, his furiousness, fiel'(' pn e s s, ?
or dangerous nature, is not to be taken into account at all
for his fi.)ster-father and foster-mother in respect to him,
hut half-fine would be on them here, as it is on the foster-
father and foster-mother of the non-sensible person in tlte
case above, and on account of the difficulty of keeping him
generall
'.
ctO'tJM:
I
r L a; ) TIlE Bool(
v n8'
OF
AICILL.
510
Lebap. a1cte.
Fmtt 'õono 'õO caemt:'eët:'a1b
ffL U1t .
Q,
cen
tmcomet:' aera
, "I
.7
'
.1. ma po Ultocmf\. 111 t;ua1'al 'Da luct; mancul11c 'Dula
amach, ocu1' a 'Dubalpt:; plU wpm 'DO bpsrë lso, ocu1' t;UC1' um
_r apm 'D01b; mana 'DeCa'DUlt1'um am((c 1t;11t, no ce 11a cUQt;up,
mana puc1'at:; apm leo, '1' Lan rwë c((ca Cn61'DS rep
lt:; Clp
ocu1' cloea, ocu1' aUa oCll1' 11UIP, ocu}' ae1' b1'l>banw1' mf\.-
1' ,um ImUle ocu1' t:;p1a l1a l1embelt;f1um Ina r((ppa'D 'DIC
'DolbrlUm 1
! t:;p1a l1embcrr; mp111 acu, cs po b((t:;lIp rell1
{' al1l1.
111 a t:;lIcllrt:;ap w11m 'Dolb, oco1' 111 'Dubalpt:; pHI wpm 'DO
t:;abmpt:; Leo 'Da C01met:;, let; rwë caë(( cl1e11'JI rsprmt:; bepa
ocur 1' 1e 5 a , Clp ocur cloca, ceUa ocu1' 'Opelmenn((, pUlp
ocu)'aer bl'Dbc(1lm}' all', 'DIC 'Dolbrlum.
I
n1 ((na t:ucrum a1pm 1t:;111 'DOl b, 110 CS t;UC, mal1(( 'Dubm11t:;
plU a t:;((bcopt: leo, 'r1an 'D01bpum,aët:;co neccrcre111 amal:
alln1'ec; ucup 5elbl'D Epel111 ((1)1111 'DO)'lI1TI 1 let; 11e conmu
Wt:1'om, OCll)' a1l1((11 t:;opbaë co na1lm el1"l1H1, ocor a111ml
t:;opbac cen a11111 wq'om; ocu1' CU1t:;15 mpm 'T' e1'bu'Oaë
!/D uat;u 1 let; pe cona1b.
111 a llO èuat:;Uplel1' amaë, ocu1' )10 1'cap1'map 11'1' amOIl:,
(( reEa'D 111 pe'Dsli;b'rlIU1' 110 1H'Oeli;bljlIU)', 110 ps e)'ba no pc
Oec'Delt;blpIU1' 'DO rcapamp 111)'. 11' lei; pac caëa f05ta 'Dt)
'Sent:; a 1 1 11 ' 1' t:;1"a nelmberërum l1a rap11U'D 'DIC 'D01 br,um.
1S- ffia 116 'D61t;blpIU1' 'DO scma, l1'lan lat:;; mar 11e 111'DStt;-
011 11U 1', '1' l
11 pac 1f111nCrba'Õ, 110 '1'111 beC'DSIt;blp1tlr.
11'1' e'Õ '1' beC'Delt;õlpIU1' al111, 'DlIta 'D1appa1'O nSlc panca-
t:; a 1 1 a lear,ocu1' coníc
m'Dl1'a 1'eena. 11'1' e'Õ I}' ,1l'Delt:;b'11,Ur
'Oolb, 'Outa 'DWPPW'D In nse l1a pC(1lcat:;up a tsar.
I Little nece83Ïty.-C. 1GB!) adds here, "NeceBsity happening to them, mealliJ to
go to seek II thing re'luirelillud which they could not do without."
THE nOOK OF .UC[LJ..
511
1\ eglect indeed by attendants in
persons of dignity.
That is, if the chief ordered his servants to go out, and told
them to bring arms with them, and gave them arms; if
they did not go out at all, or, though they went, if they did
not bring arms with them, it is full fine they (the servants)
shall pay for every wound which spikes and spears, stocks
and stones, and cliffs and beasts, and the hostile people oftlw
territo1'Y inflict upon him out-side, and through their not
being with him, O}. through their not having arms. though
they may be there (in attendance) themselves.
If he gave them arms, and did not tell them to bring arms
with them to guard him, half-fine for every wound which
spikes and spears, stocks and stones, cliffs and precipices,
beasts and hostile people inflict upon him shall be paid by
them.
Ifhe did not give them arms at an, or though he gave them,
unless he told them to bring them with them, they are
exempt, provided that they have gone out themselves on the
occasion; for it (theÍ1. presence) has the effect of arms as
?egards the fine due to him in respect of injuries by dogs,
and he is rega1.ded as a profitable worker with a weapon, and
they a?'e ?'egarded as profitable workers without weapons;
and the share of weapons is wanting to them in respect of
dogs.
If they went out with hiro,and separated from him outside,
it is to be considered whether it was of necessity orwitLuut
necessity, or through idleness or of little necessity they sepa-
rated from him. Half-fine for every injury that is done to
him through their not being with him is to be paid by them.
If it was through necessity it happened, they are exempt;
if it was without necessity, they pay full fine for the absence
through idleness, or for the little necessity. I
Little necessity means,B that they went to seek a thing of
which they stood in need, but which they could have done
without. Non-necessity for them means B that they went to
seek a thing of which they did not stand in need.
not guardinO'TIIE Boo!\:
o OF
AIClLL.
Ir. lI.
"
I'" 7
-I..
l\ (,
J
. ,nrr...-
tebap, CC1cte.
e-hf1!:t
;n81 (
)
) 't'yw, I/IJ
TßI1: nOOK Fmtt 'l)ono '1)0 felchemnmb lecu'I) a flap.mE '1)0 'l)e p,1\fI(
OF
AICILT.. 'l)ap, a cenn.
.1. ma '00 tune In relchem 'CO\che'Oa 'Omne t:O\che'Oa ar III
mbl'Obm'O, (ocu1" 11" e'O 11' 'Oellle 'CO\che'Oa anll, pe mrlh '00
t:((bmr'C ap n(( pacmb, ocur 'Oul '00 'Oa nacra pel' In pe 1' m ),
ocur CI11'Ot:1 lel1' nap 'Ol1
ec 'Oul 'Oa 11acpa 111 umr 1"111, '1'
CUIC 1"eO\t: 111'0 OCur f'l1eclol1ll, ocul' 'Olll'l a pac.
111a 110bl a 'CUlCp cor 'Ob5t:ec 'Oul 'Oa nacra 111 umr r'll,
I}' CUIC reOI'C lta'O Ocur 'Oll1" a pac, OCur noco nUll enec-
'" lmln.
111a pubu CI11'Ot:1 lelr cup 'Ol1Et:ec, 'I' ClI1C reolt: ua'O I
r;pOrC(('O t:a)1 'Ol1Ee'O.
111(( '00 pOlne 111
e1cJ16m 'Colche'Oa 'Oe1ne t:O\che'Oa t l1 r
III t:pebUltte, (ocur If e'O '1' 'Oeme 'Colche'Oa a11n 'Oul '00
,) 'Oacpa ar 111 'CpebUlpl, rerlu ro lelc 111 b,'Obll1'O eto'O),oCUf
CIIl'O'C1 atC1 11ap 'Ol1Et:ec:oul 'Oa nacra m \Imp 1'111, '1' CU1C
1' e01 'C ucm OCU}' e11eclall11 ocur 'Ollrl a pac '00 nemacpa at}1
'00 Ere1'.
ma pubu CIIl'Ot;t tell' cup 'Ob5t:ec, '1" ClI1C re01'C 11{('0
1. ocur 'OIL)'! a poë, ocur 110CO nUll eneclann. 111a pubu
CI11'Ot:1 tell' COjt 'Ol15t:ec, 'I' CUtC 1'e01'C ua'O 1 t:r01'caf> t:aJ1
'Ol1
ef>.
111 a 'Oa }l1Tle In 'CpebU1}11 '06111e 'C01cJle'Oa ar 111 mb1'Obul'O,
(11" e'O '1' 'Oeme 'C01che'Oa '01 'Oul '0'1" 'Oacpa ((P 111 m b1'ObUID
2.íJ16f1U 'Catl11C 1n r el chcI11 'Colche'Oa 'Oa acra r1), ocur a cln'On
atC1 nap 'Ol1E 'Oul 'Oa 1lac)1a 111 U((1)1 1'111, '1" CU1C re01t; um'O
ocur eneclann ocur 'Ollf'1 a pach '00 nemacra atr '00 5pe1'
a 'OualEU1' a J1Cct'achmr.
111a r Ob1 a 'CUlCrl cor 'Ol1E 'O!ll 'Oa nacpa 111 \1all1 rln, '1'
1. CU1C r e01 'C ua'O,OCur 'O1l1'1 na paë '00 nemcccpa '011" mp, ocu1'
llOCO 111111 eneclann.
ma pubu C1n'O'C1 lel1' CUp 'i)115CD, '1' CUtc 1'CüIt: ua'O I
t:porcu'O 'Oap 'Ol1Ee'Õ, Ocur 11((
elctl }11)' I p01bl '01C t:ar ((
M ct IA L. THE TIQQli OF AICILL. , , ( - ) 513 '
C.JAL,j) L
vr'AVW 'P.bt"'PTV-I- f
k vilAW /I.JM -f/7J7I4I./ cq,
.ç
.fJt. -'Yr 7"'
n
2 de btors in
ont,rflci, TJlE nOOK
h -
h -
W 1 nl t em. A TCII.T.
That is, if the plaintiff lmmg-ht-a. sllit
rity. against
I
-:- &toe-
_
the defendant, (and a suit with severity" means that a certain f"Ït!I. oj ie
J,...
. ,utlng. r,r"vv'Wlr.
tIme was givcn for paying the debts, and that he went to
demand them before that time), and he is certain that it was
not lawful to proceed to sue for them at that time, five' seds '
and honor-price and the forfeiture of his debt are the penalty
for it.
If it was his belief that it was lawful to proceed to sue
for it at that time, five' seds' and the forfeiture of his debt
are due from him, but there is no honor-price d1te.
If he was certain that it wa'3 lawfulfm' hi'liL tv 811e, five
, seds' for fasting against law is tlte penalty from him}-,
If th _
':'Pæ 1_
t.
:+ '
_u;1
'_-:'
!.7þ::-{.'
t th -1. D , J n _ "
e IWlcll1b1Al lJYY
nt,-'-a SU
TIt-thse
agaIns e 7"
..,
r >
surety, (and a suit with severity" means that he went to
demand his debt of the surety before the debtor had
absconded), and he was certain that it was not lawful to pro-
ceed to sue for it at that time, five' seds>> and honor-price
and the forfeiture of the right of ever sueing for his debt
are due from him.
lf he was certain that it was lawful to 8l'e fm' it at that
time, five' seds ' and the forfeiture of his debt, are due from
him; but honor-price is not due. 01', nccording to other8, if
he was certain that it was lawful, five 'seds' for fa.<Jting
against law are due from ,him.
'
Ifa surety b rffigtã'BY
f..
tff
et tY"a
ainst a debtor, (suit
with severity" mean.
Æ
t to
th
tor before the
creditor had come to SYØ IÏ1mself
and he was certain that he
had no right to gOÝi>
i
rtd
E.t2
t time, five 'seds' are
due from him, andJ-;onor-pric
andthe forfeiture of the right
of ever sueing him for the debt in right of his suretyship. 4-
If it Wa.'3 his belief that he was entitled to go and
fOl"i<'"J "-
-it at that time, the penalty due from him is five' seds' and
the forfeiture of the right of ever sueing him for the debt,
and honor-price is not dl/e.
lf he was certain that he was entitled to 8ue for it then,
five' seds' are due from him for fasting against law, but the
VOL. III. 2 L
514
tebaf'!- a,cte.
i,JJ'b,/
TilE ß.JOK cenn p.e felchematll t::OIche'Da; OCur t::arrsur 'DtlseTI In cae
f)F "
AWII.r.. Ina'D 'Dlbfln; Ualp mane t::atpci;a, po ba'D
ln t::1 tom5er na'D
01E' 1 pelp 'DO t::porca'D
',n fep i;aU ann.
ma 'DO eUat'D 111 f61chem t::OIch6'Da 'Dacpa ap III mbl'DbU1TI
> Ina uml Ice COIp, ocur pO telc III bmhUI-5 610'D, ocur pobo
Cln'Dt:;! tell' COp 'Dtet:t:: na felt: 'De III ump rln, '1' CUIC reOlt::
uam ocur ellectann ocur 'Dlabta'D pat:, ocur cumat reët::-
C.IG81. mat'D mapba'D, [ocu!, 'DUÙLa'D mbl'D, malla t::ap5u1" blaTI 'DO;
ocur ma t::ap5u!' blaTI 'DO. 111 fl111 cumal r6t:t::mæD mapbt::ha,
Ib na 'Dubla'D mblTI].
mana t::ap5ur 'D1tEeTI, ocu1" cae lna'D na pOle enectann
cornlan a 'DUatEur Ilemt:abapt;a 11(( pac, '1' a [r]l11UIU'D a
'DualEUr nemt::abap.i;a III om, CO pOlb ellectann comtan
ann.
'1- ma TlObl a i;UICrl CO nap, 'Dlect:: Ila felc In Uatp, fin, '1'
C. 1682. cUtc feolt:: uam, [OCur 't)ubta'D na pach], ocur rect::ma'D
C} manbi;a, [ OCu r 't)ubta'D mbI'5], ocu r noco 1llJ1t enectann.
C. IG8
. I'
Robo CIn'Dt:;! tell' CO nap 'Dleet:: na felt: In Uatp fin 1t::lp, '1'
CUIC reOIt:: 'r'n nemt::11IClr,n.
20 ma 't)o eUat'D In felcem r:;olche'Da 'DaC)1a a111r1 t::pebUlpl
CO cOI11 ar a atH, fIn, ocur po telc eto'D, ocur Clll'Dt:;! leII'
cop 't)tect:: na felc 'De, .1. 'DIC no 1)0 r:;obae, '1' CUIC reOlt:: ua'D,
ocur 't)labtaTI pat:, ocur 'DwblaTI mb,'D, OCU1' noco n1111
enectann.
J.>lTIa pubu Cln'Dt:;! tmr CO nap, 't)teet:: 'De In Ualp fin 1t::11l
lar:;, '1' cUtc reOIr:; Uat'D Ina nelmt::111clf1ll.
'1IM1v
lJ... lCM3)
ma 'DO eUatTI In t::pebU1pe 't)acpa ap In mbmbulTI Ina uml
Ice COlp, ocur po lelC In bmbll1TI etoTI, ocur Cln'Dt::1 tell' Cop,
?Jteet:: na felt: In Uatp 1"11 'De, '1' CUIC reOIr:; uam, OCur ene-
}oCtann, OCur na fele plr 1 pOlbl 'DIC 'Da11 a cenn, OCur noco
nUll 'Dlablai> pac, Uatp.'Il noco ne cUtnEer.).
t The man v:ithin. This term for the most part signifies the debtor, or defendant
in a suit. The term" man ollt
ide," means generally the creditor. or plaintiff in a suit.
THE BOOK OF AICILL.
515
debts for which he was SU1.ety are to be paid for him to the TilE Boolt
creditor; and }Je ofièred to submit to law in each case of AI
:I_
these; for if he had not so offered, the man within I in this case
would be like" the person wh<Xr efY
es eedæ g its lawful right
v-øIøø 1Iff
to fasting." .L ' t'
If the creditor went to
le tlcl;tor at the proper time
.,
-F}7
for payment, and the debtor has absconded, and he was certain
that the debts were then <\ue 0!:.9,
, tltefine due from him is
five 'seds' and honor-pricW'k
;f{r6uble of the debts, and a
"
'cuml1al' of one-seventh for killing, and double food, if food
has not been offered to him; and if food has been offered to
1'9" þr _
1-
him, there is no' cumhal' of one-seventli for killing, 01.
IV
wJ.,.. J..,.;; CA>?r..di"
double food.
"'o/tVIJ
If law has not been offered, and wherever complete honor-
price doe
not accrue in right of the debts haying been with-
held, it (the honor-Pl'ice) is to be added to in right of the food
having been withheld, until it amounts to complete honor-
pnce.
If it was his belief that the debts were not then due of him,
five' seds' are due from him, and double the debts, and one-
seventh for killing, and douLle food, but honor-price is not
due. If he was certain that the debts were not due of him at
that time at all, it (the fine) is five 'seds' for not having
tendered them.
If the creditor went to sue the surety rightly afterwards, (,
yh.-
.lu-li-,4.)'
)
and he (the SU'i'ety) has absconded, and he was certain that the
de bts were due from him, i.e., tlwt he
/Jas bowul to payor to
levy them, five 'seds' are d'ue from him, and double the debts,
and double food, but honor-price is .not clue.(
,...
)" ß-
';J( lN
::.::)'
If he was certain that they (the debts) were not due of him
at that time at all, and they were ne
'CI'thele8s, it (the fine) is
fiye 'seds' from him for not havina tendered them.
If the surety went to
tor at the proper time for
payment, and the debtor:ãtsconded, ánd he (the debtor) was
certain that the debts were then due fro
ll1, it (theßne) is
five' seds. from him, and honur-price1
d the debts for which
he (the surety) had been security are to be paid for him, but
I 1ft
there is no douLle of deht,>, because it is not
s:
YOr.. IlL '., _" ßJ... __ lA"__ _ _ I
L 2 .,.
^ v
( ...,
(f
"':t
cfL...v
J'L.k'
h,.,(-
t( Vt-rU,
_ <tv }1,__ L ,0.' ú-
- -1'1 '
..,
)(/1 '3 , Y 1-l-'f )..5".
5Hi
Leåar- metf'.
C"rlf
THE BOOK
OF
AICILL.
111a pobl a t::t11Cf111 co nap 'Dlett:: na relt 'De In ump 1'111,
If Ct11C 1'eolt:: U(('l), OCU1
na relë plr I p01bl 'DIC 'Dap a C6n'D,
ocur noco nU1L 'Dwbta'Ï> pat, Ocur noco 111111 e1H:
ct(m11.
C.1682. ma pubu C1I1'Dt::1 lel1
nap 'Dlett:: 11a relë 'De 111 U((111 1'111,
6'11' CU1C 1'e01t:: l11a nelmt:;1nclrln; ocur 111 t;apEur 'Dl1Ee'Ï> 'Don
flP amt11ë I 111na'D 'Dlb 1'111; Ocur 'Da t;mpöCa,l1obU In t;1
t::polrcef t::ap t::cnPCrln pmpa In rep amUlë ann.
'U"
11' ann at::a, t;e,t:: rop 'D(( lerr; lan elplc 'Don re1Chemmn
t::01che'tla, In t::an 'DO ëum'tl In relcllem t::olclle'Da 'Dacpa ap III
C. 1686.'" mbl'Dbu1'D 1na t11't11 [1ce] COII1, ocu}' po lelc 111 b1't1bt11't1 elo'D,
ocu}' CI11't1t:;1 le1r co 11a}l 'Dlett:: na re1ë 'De 111 UW}l 1'1n, OCUf
'DO cum'Ï> 'Dacpa ap In t::pebt11pl a1' a mfl1 1'111, ocur flO 161C
In t::pebt11p' elo'Ï>; 11' Lan epIc 0 ceët::ap 'De 'Dlb 'Don relclle-
ma111 t::olclle'tla.
,ð 11' ann m:;a, t::elt:: rop 'Da lelflan ell1'c 'Don b''Dbt11'D, 111 t::an
C.1686. 'DO 111ne In relcllem L"01clle'Ï>a 'Delne t::olc11e'D({ [mp], ocur 'DO
pIne 111 t::peabUIPI 'Delne t;01clle'tla mIl; l((n ClplC 0 ceèt::ap
'De 'Dlb 'Don b''Dbt11'Ï>.
11' ann at::a, t::en::; fOP 'Da 161f la11 el111C 'Don t::peabt11 P',
In t::an 'DO 111ne In relcllem t:;01c11e'Da 'Delne t;01clle'Da mp,
ocu}' 'DO tUW'D In t::)16bt11)11 ar a ((1t;11 fIn 'Dacpa a111n
mbl'Dbt11'D 111a t11't11 ICS C01p, ocur po le1C 111 bl'Dbt11'D elo'D,
la11 SlplC 0 cett;ap'De 'l)lb 'DOll t;pebt11}11.
t5' 111ara acpa bopblacmr 'DO pIne In rewllem t:;01clle'Da ap
111 mbl'DbU1'Ï>, ocu}' If e'tl '1' acpa bopblaëwr ann, bIt; ac
acpa pac mp, OCur Cll1'Dt:;1 mCl 11ap'Dl1E 111 'De, '1' Ct11C re01t:;
ua't>, OCur ensclann, OCUf p((ë ro 111 'DO mmet:;.
111a pobl a t:;t11Cr1 cOl1 'Dl1E, 11' Ct11C re01t:: ua'D, OCUI' pac
.
ð ro ni 'DO 111met::, OCur noco 111111 enectann.
111a pubu Cln'Dt:;1 1611' cop 'Dl1ES'Ï>, 11' CU1C feolt:; ua'tl 1
t;pofca'D 'Dap 'Dl1Eei>.
mar acpa bopblaëmr 'DO pIne 111 relcllem t;olclle'Da ap
1 The man outside. That is the creditor, or plaintiff in a suit.
II Was Cfl.lain.-For 'nap.' C. 1686, readJ 'p.o.'
THE BOOK OF AICILL.
517
If it was his belief that the debts were not then due from THE Boo!\:
him, it (the fine) is five 'seds' from him, and the debts for AI
.L.
which he (thf'- Slt1.et!J) was sec'll1"Ít!J are to be paid for him, but
there is no double of debts and there is no honor-price.
If he was certain that the debts were not due from him at
that time, it (the fine) is five' seds' for not having tendered
them; and there was no offer ofla w to the man outside I in any
instance of these; and if it had been offered, the man outside
would then be like" the person who fasts after tender of his
right."
It is then it is a case of" full' eric' -fine goes upon both
sides to the creditor," when the creditor went to sue the debtor
at the proper time for payment, and the debtor absconded,
and he (the debtor) at the sa
lw ti1ne was certain 2 that the
debts were then due from him, and he (the c1'eclitm') went
afterwards to sue the surety, and the surety also absconded;
there is full 'eric' -fine due from each of them to the
creditor.
It is then it is ((, cuse of "full' eric' -fine goes on both sides
to the debtor," when the creditor has brought a suit ef-sevcrity
against him, and the surety has brought a suit of >:P'-Tpri ty
against him; full' eric '-fine is due from each of them to the
debtor.
It is then it is a casc of "full' eric' -fine goes on both sides
to the surety," when the creditor brought a suit of BQuerit y
against him, and the surety went after this to sue the debtor
at the proper time for payment, and the debtor absconded;
full' eric'-fine is elIte from each of them to the surety.
If it was an unjust suit the cre.Jitor brought against the
debtor, (and" unjust suit" means to demand a debt of him,
when he (the c?"(xlitor) was certain that nothing was due from
him), five' seds' are due from him and honor-price, and
fine according to the length he has gone.
If it was his belief that he (the defendant) owed him a
debt, five 'seds ' are due from him, and fine according to the
length he has proceeded, but there is no honor-price.
If he was certain that he (the defendant) owed it, five
< scds' are duc from him for fasting beyond law.
If it was an unjust suit the plaintiff brought against the
C /t,gg'
C 16'11
rt. Y ttq-z, , b
518
Lebap. a1cte.
TilE BOOK In t;pebUlpl, ocur 'rea'O '1' aqla bO}lbtacmr aim bl't; '00 ac
AI
:;'L. acpa 'CpebUlpcct::(( mIl ocu!' Cln'Ot::1 mCI 11(( 'Oecm'O pe tmnl,
'1' CU1C r eOI t:: UW'O OCU}' enecl(mn, OCU!' pac ro m '00
mmet::.
óma PObl (( t::UIC}'1 co pW!)!, 11' CUIC reOIt:: 11a'O, OCur pac
ro n1 '00 mmet::, OCU}' n11111 enectann.
ma pubu Cln'Ot::1 lClr co pOlbl, 11' CUIC reOlt:: 11((7\ a Q10r-
CU'O t:;((p"Ohse'Õ.
mar a ((cpa bopblacmr "00 111ne In 'CpebUlpl a111n mbm-
o bUl'Õ, OCUf '1' e"O '1' acpa bopbtacmr ann br{; "00 ac aCJla
qlebU1pe mp, OCur a Cln"Ot:;! mCI lIa "Oecm"O ((Ip, I}' CUIC
reOlt:: lHro, OCur eneclann, OCUf 111 1111 pac11 ro 111 '00
111 met::.
111a PObl a t::111c}'1 cop, "0115, '1' CUIC l' COlt:: 11<<"0, OCUf 111
'
U11 eneclann, ocur 111 u11 rwc ro m "00 111met::.
111a pubu Cln"O'C1 leII' cu pmbl mp, '1' CUIC reOl'C ua"O 1
'Cporca"O t::a}l"Ol1Ee'Õ.
'CaP5 u f "0 11 5 e "O In c((ch Ina"O "Olb; ump mat116 'Cwpci:a, po
b((1) (( "Oa 111n'Ol1Ee'O ((151'Õ 1 nmÈI'Õ.
).0 1ììl11ttll1'D con.
.1. mane co'On((c "00 pIne In InmulUe"O, 'rlan cu an"O,
ocur pac ro wClle"O (( raia ((P 111 cO"Ollaë, ocuf '1' e 111 P((C
1' 11 1; lan p((ch 111(( 11lm111Ulu"O ro cpo"O 11l'011rì'O 1 p1Ct::
Cp111"O 111"0111'15; let; rwc Ina 111ml11tl1l1'O ro cpo'O In"011r15 1
.t.rpICt:: Cp111"O "O11l'15; mt;E11l l11a ,11mUIU,u"O ro CpO'O nelch
((11e 1 fllët:: a cpum bo'Oeln ; ocur mar(( In ((Ile po 5 abu f'CUP,
'r tan rep In 'ÌnmU1Ut::I, ocur elplc ro bl'èb11lël rop 111 cOIn
.1. let; pac ro bl'èbll1ëe rop In C011l, ocur 1'CU1pl"O mepac'C a
Il1nm111Ut::1 In lc'ë ((Ile "06.
jo mar(( Eabalt::m"O 111 cu, ocur po "0611156'0 rw"O "00, OCU}'
THE nOOK OF AICILL.
519
surety i /I tlte case, (and unjust suit in the case means to sue THE Boc'lI
him as haying gone security when he (the defendant) is AI:ll
l
certain that he did not go security fo1' him), fixe' seds' are
due from him and honor-price, and tine according to the
length he has proceeded.
If it was his belief that he (the defendant) was his sw'ety,
five' seds' are due from him, and fine acconling to the extent
he has proceeded, but honor-price is not due.
lf he was certain that he (the defendant) was hi.s slu'ety,
five 'seds' are due from him for fasting beyond law.
If it was an unjust suit the surety brought against the
ùefendant, (and unjust suit means his seeking securityship
of him though he was certain he had not gone secm.ity for
him), five 'seds' are due from him, and honor-price, but there
is not a fine according to the extent he has proceeded.
If it was his belief that he was entitled so to 8
lC him, five
'spds' are due, but honor-price is not due, and there is not
a fine according to the extent to which he has proceeded.
If he was certain that he (the defenda nt) was his security,
it (the fine) is five' seds' for fasting beyond law.
Law was offered in each case ofthese; for if it had not been
offered, there woulù be two illegalities face to face.
Setting on a dog.
That is, if it is a sensible adult that incited it, the dog is
exempt in the case, and thel'e is a fine acconling to the nature
ofthe motive upon the sensible adult and these are the fines'" .. Ir. TMø
full fine for inciting it in punmit b of cattle which he had n'o :' ::,e:;.::.
right to pursue, knowing thelU' to be such;c half-fine for c Ir. Cattle
inciting it in pursuit of cattle which he had no right to
[.r;
I;
P ursue tbinkiner that he had the rierht. d compensation for 'on. it. the
, <:> <:> , øhap' of
inciting it in pursuit of the cattle of another person think-
affle ';{r.1l
iner them his own; but if lte incited it in pu/'suit ofhisov:n fJlIlcllljùl
o l Jfr &on.
cattle, and ifit (tlte d(/[/) has seized the cattle of an other, the man d Ir. Cattle
who has incited it in the lJ//1..'!uit is exempt, and 'eric' -fine ac- it;;",;
-
cording to its viciousness is imposcd upon the dog,i.e_,half-fine ,on in the
according to its wickedness is imposed upon the dog, and the
':::r
a
excitement of its being set on takes the other half off it. laV:{fJl
p "!OR.
If the dug be a huntel., aud a deer was singled out for it,
j
O
Lebap, a1cLe.
TilE BOOK '1' e 111 pa'O flO '061l1;se'O '00 ro ;sab, Irla11 111 CU anl1, ocur
0.. ,., ...,., 1
AICILL. pac fO atCl1e'O a fm:;a ap 111 co'Onac 1.
nlar a ;sabab:::m'O 111 CU, ocul" po 'OeltIËe'O nI '00, ocur 111
he 111 l1i 110 'OelhSI'O '00 po ;sab, Irlal1 're11 111multtn ((1111,
C. IGU1. ,f' OCur tan riaë fO a1cne-D a bli;bl11ël al1 111 C01t1, [.1. tei; pac
'r 0 (( bl:;b,11CI at 1 111 C01t1, OCur rCt11pl'O meppact; a h111-
mtl1tt;e 111 tei; elte '01.]
,
C IC:J.. mara ;sab((lt;a1'O 111 CU, ocur nlt1 'Oelt;5e'O nI 'DO, [no] mar a
ëu l1aë 'bubalt;at'O 111, ce fla 'Delt15e'O cell COp'Dell1;se'D 111 'D1,
Co !GU7.'D Irlal1 111 cu anl1 ; [Ocur] paë fO atcl1e-D (( fa-ca ap 111 cO'Dnaè.
Ocur 11' e 111 fwch 1f111; 1a11 paë 111a 11lmt11Uei) 'ro cro'O 111.
'D lt r ' 5 1 11lët; CJH11'O 111'D11rl;s, 110 fO CpO'D 111'DltrI5 l11a PICt;
bO'Del11, 110 fO cflo-p 111'Dltp5 ocur cpo'O 111'D\.tP5 atte ro 5 a -
burt;aJ1; le-c paë 111(( mt11U,u'O fO C]10'O 111'Dllr'5 1 fl1Ct; CPUI'O
.Ç'D ll r ' 5, 110 fO CpO'O 'D lt r l 5 Ocur cpo'O 111'0111'15 ro 5 abu r m p.
a:1<:::h;Sl11 l11a 1l111tllUIUei) fO cpo'O 11elc atl1 1 PICt; a CpU1'O
retll, 110 fO cJ1o'O fem ocur cpo'O nelch cute po 5 aba rt;ap.
r. 5'2.2., f
"IIJ1II.
./S"
II Iqp.fJ -I C.25I5,&c. [mara mac a nail' Ica tet 'Dlpe 'DO l11l111e 111 t;111mmtte'O,
ce-crmme 'Olpe OClit" 0-Ct1Ur com tan 5U bar a t;orbaë 5111
J." com5 111 ; ocur ma t;a com'b111, 't' ce-ct1atme 'DIre ocur tet;
oi;pur.
Cerëpl rect;ma'D OfJ1UI)" 5u bal' a 11earpac E'11 comE1l1m,
ocur ma t;a cOm51l1m,1r 'Da reCt;mai) cei7patme 'Dlpe 1 1e
1 FOI. illJw'ill!J ali idlel.. The Iri-h for this paragraph is printed liS it was
transcribed and lengthened out by I'rofcssur O'Curry.
If thel.e is 00 Jlarticipa,ion: i.e" if thc idlcr had no share in the act.
THE nOOK OF AICILL.
5
1
and it was the deer which was singled out for it that it THE DOOK
caught, the dog is exempt, and thel'e is a fine according to the AI
:
L
nature of the motive upon the sensible adult 'who set it on.
If the dog be a hunter, anù a particular thing (Ilni'lnal)
was singled out for it to pU?'Slle, and it was not the thing
that was singled uut for it it caught, the man who set it on
is exempt, and a full fine according to the nature of its
wickedness is imposed upon the dog, i.e., half-fine for its
wickedness on the dog, and the excitement of its being set
on takes the other half off it.
If the dog be a hunter, and no pa1'ficulal' thing was
sin!;led out for it, or if it be a dog which is not a hunter,
whether anything (aniuuÛ) was or was not singled out for
it, the dog is then exempt; and thcm is a fine according to
the nature of the motive upon the sensible adult. And these
are the fines: full fine for inciting it in pursuit of cattle
which he had no right to pursue, knowing them to be such,. · Ir. Cnr:l
. h . t f ttl h . h h I d . h of (In ..n-
or In t e pursUl 0 ca e w IC e Ia no rIg t to pursuc, Ù"r;/ull>er-
as such,b or at cattle which he had no right to pursue, and it sr.. in the
h 1 I . h 1 h d . h . shapt of
wac; ot er catt e w llC Ie a no rIg t to pursue It has cattle '!( nn
taken; half-fine is imposed for setting it in pursuit of cattle fJnlwr.fi.l
pers",..
which he had no right to pursue, thinking that he had the b Ir. [n
right, or in the pursuit of cattle which he had a right to their ow..
if . I I . h h h d . h shapt.
pursue, It was catt e w llC e a no rIg t to pursue,
it (the dog) seized. Compensation is to be ?nade for
setting it at the cattle of another person, thinking them his
own cattle, or at his own cattle, if it was the cattle of another
person it has seized.
If it was a youth at the age of paying half 'dire' -fine
that caused the incitement, a fourth of'dire'-fine and com-
plete sick-maintenance until death, is the fine for injuring
a profitable worker, if there is no participation;c but if there . Ir. With-
is participation, it (the fine) is one-fourth of' dire '-fine and o
P t ?rti-
. c'pa WI/,
half sick-maintenance.
Four-sevenths of sick-maintenance until death are 2Jaid for
injuring an idler, 1 if there is no participation,2 and if there
is participation, it is two-sevenths of 'dire '-fine, with com-
5
:2
LebCíft alcte.
TilE Doo", l:aeô mt;'SI111 a cecLap 'l>e 'l>1t'í, C1'5 a r;oppac CI'l> a l1erpac,
OF ,....
A:l'II.r. E\11 comEmm; ocur ma t;(( C01l1E1111l1, 11' cet;pmme 'l>lpe OClIT'
let mtþl1.
n1a1'a m((c a 11mI' IC(( ml:hE\11a 'l>0 11.11111e 111 l11m1l1Ue'l>,
S 'l>a feCt;mal> otpufa 'SU bar a mppaë 'S'11 COmEI111TI; OCur
ma t;a comS1111i1, '1' reèt;ma'Õ'reCnnm'l> otplIf(( Ell bar ((
.. J ..
ne<<fpac 5"1 comE111111J oClIr 111a t;(c c01111;111m 'r 1n ceqw111a
P((I111 'l>eE;cetpl reCl:m((1) mdlE'IW wll mb(q
a cecht;ap
'Õe, CI'Õ a t;oppac cd) a l1eT'pac, 5'11 comE111m i oClIr 11Ia La
o COmS1l1111, '1' 'l>a reccma'Õ.
Ca cl11a (( p01ch 1((11 rata na I11aC EU otpur 110 a1'(':::;I11,
CI'Õ 1m CUa1Ue CI'Õ 1m l11mt11Ue'l>, COil rCt11pe ClI 110 cUalUe
lei; 111 lál11 1'111 'l>lû, ocu1' IIi 1110ml:e rop C011111a rop ClIalUe,
uèr; (( lei; mt;h5111 rCln a t;oppac, ocur cer;hpcnme a
/ 611e rP((c?
bUlùe 5pCI111 let ((1l:hS11l111 cu Ce'DCI11t;ach ((Emcec a IWl1'
1CU let; 'l>lpe, CI'Ò a lei'; lle poùu CI'Ò a let pe 'l>lcl11e; oClIr 111
'Saõ CI'Ò pu 5111 5uP pll; ocur 111 sat'í a1; mac a 11((11' Ica
((1t;h5111((, act; a lei'; pe poùu nama. OClIr '1' ap falC1'1 111
'jo 'l>CC)1 m1C 'l>0 1((11 co'Ònaca fO'Depa 1'111, cOlla flail ClI lIIle.
}Jo '1' al111 bett'ílr Elle11l1 a lei'; flu 'l>U111e, \11 tial1 '1' pu
let mdIE'11, oClI1' 111 he po 5ab Iud, 51'Õ 'l>l1Ë;ar a Eabml, ((
lei'; ((1l:hE111. 1Jo Salbe 5lle1m let mdI5'11a cd'> a let lle
'l>ml1e, a5 mac a 11((11' Ica let 'l>lpe; oClIr 111 5at'í U5 mac a
;.5 11((11' 1ca ((1
l1W, ((cr; a lei; pe pobmb n((m((, a111((1111a be1'i';
C111 111 111 tI11t1'D ; 01}1 l1e((ra 'l>0 lal1 co'Õnac 111 lal1 1Car mac a
i \
J For ;
:ï/j:
a
;:Ja
/;cr
;
{::
/
CCUZls./here
THE BOOK OF .\lCILI .
5
3
pensation for either of them that is due, wbether for i,lju1'ing Till': BOOK
a profitable worker or an idler who haù no share in the deed;- AI
:
L.
but if there is participation, it is one-fourth of 'dire '-fine --.,
. .Ir. n.&/,I-
that sTudl be paul, and half compensation. out parli-
If it was a youth at the age of paying compensation that cipation.
caused the incitement, he slutll pay two-sevenths of sick
maintenance till death for a profitable worker without par-
ticipation; and if there is participation, it is one-seventh of
the seventh of sick-maintenance t.ill death; for an idler with-
out participation,!--- and if there is participation; --- it is
theone-fourteenth part offour-sevenths of compensatiun after
death for either of them, whether for a profitable worker or
an idler, without participation; and if there be participation,
it (the fine) is two sevenths.
In what crimes wherein the full fine for motive, of the
)Touths, extends to sick maintenance or compensation,
wbether respecting a stake or respecting the incitement of
a dog, does the dog or the stake take off the half of that
full liability from them, and there is not more imposed
upon the dog or upon tbe stake, than its own balf compen-
sation for a profitable worker, and one-fourth for an idled
The doer of first crime gives a claim b for half compensation b Ir. Tukc.
'when witil a youth at the age of paying half' dire '-fine, rfftct.
whether with respect to beasts or with respect to persons;
anù it does not !Jive a claim, whether it is worth it (half
compensation) or not; and it does not give a claim, u'hen
with a youth at the age of paying compensation, except
with respect to beasts only. And the reason of this is, th-a:t
if &5MId
th
J j' uatll w.IHNllìn
hy..i
!;f'nsib le adults, so that Jr1n,/
1'...1;'
the dog is fully exempt. . fir :7 1IJM J-'"
Or, according to others, it is then it gives a claim with
respect to a person, when it is worth half compensation,
and half compensation was not accepted, though he ought
to accept it. Or, acconlin!J to others, it (the dog) gives
the claim of half compensation even with respect to a person,
'luhen it is with
t youth at the age of paying half' dire' -fine;
but it gives it not, when with a youth at the age of paying
compensation, except with respect to beasts only, a,; if it had
pot becn incited; for the full fine which a youth pays at the
524
Lebar\. a1 cleo
THE BOOK nmf 1ca te
'01pe na 111 tan ícu}' mac al1m1' Ica ari'5 11w ,
AI
:LL. 01p Eac co'Òma'Òt;U1 a mbw rep, 1nmU1ttm 11' 'Ot1
I'Òe eu,
OCur Eac eEco'Òmat;m a ambw fep 111mU1tt1'O 1}' In'O'OL1
I'OO
cu.
s- C1'Ò be e;sco'Ònac mte po InmmUe'O In C01n 5 aüal t;m,
ocuf pmI' 1'111 re1l1 )10 ro'Òta'Ò, 11' pach ro wcne rata ap
111 e'So'Ònac, act; 11\ betur cu 'Òe .1. le
Wt;h'S1n rop c01n 1
t;opbac ocur a rob, ocuf cea
rwme o
pura no Q1
;Slna a
nearbac.
It> nlunab 11'1"'1 po ro
lw'Ò In cú, 1rlan na mlC ann,
oenr te
rlaeh ro bl
blncJl1 rop, 1n cOIn; ocur r::
n1pe mcr
-
}1.act; 1nmmtl\'Ò le
mte '01.
m unap t;U11bport;crn na tnlC '00 1n1l, '1' te
Q1t;h5In fOP
C011l annpn a l70pbac oeur a pop. oeu)' ce-r;pwme W
511la
no o
p.mr 1 nea}'pac; oeufpac a fcrëarop, narnacmb 0
t;f1n amac.
ð((battiW5 fIn mte, CI'Ò a5 co'Ònac c,'O a5 éeo'Ònaë.
stan 1mOrpo, In cu nac Eaü((tt;W51 a5 co'Ònac, cw )10
hea}1.ba'Ò ð1 n EUP heapbai>. ocu1' fwch a pn:;ha 0 t;f1n
amaeh fOP co'Ònac. 1
0 'Ono, cm be ecoi>naë t111e 110 ,nmu-
IUef 111 cu nac EaõattiW51, Cia 110 hep,ba'O C1JI 5uP, herbai>,
11' te
m
Eln fOP C01n annf1n 1 l7o}lbaë oCUf a pob, OCU}'
c
t;hplme Wd1511la no ot;hpU1r 1 nerpaë; OCur pac a fm;a
o '(;r1n amaë fOPf an erpac.
1{; Oeuf Eac Cll1 11' eompa1t;e a5 na macwb, 1n Ce
rQ1me
Tlac icra cú no euwtte 1me 11' rotl 1111C t;et;, ocur TIt tiét; 1T'
na r05tmb ercE[e'O] a1te, act; a 'Out pe tar.
I Upon th
non-3cnsible person. The Irish here is' an E)fPac," 'the idler; lhe
Bense however
eems to require 'an eco'Onac' · the non-sensible person.'
THE BOOK OF AICIU,.
525
age of paying half C dire '-fine is nearer to the full.fine of a 'filE BOOK
sensible adult than the full.fine which the youth at the age of AI
;LL.
paying compen<;ation pays, for the more sensible the inciter
is the more lawful the dog, and the less sensible the inciter
is the more unlawful the dog.
'Vhatever non-sensible person incited the dog of chase,
and it committed trespas<; against that very person, there
is a fine according to the motive upon the non-sensible
person, except the part of it which the dog bears i.e., half
compensation is pnid by the OW1W
" of the dog for i'nju?-y to
a profitable worker or a beast, and one-fourth of sick-main-
tenance or of compensation for i'lljm"y to an idler.
If it was not against him the dog committed the trespass,
the youth a is exempt in the case, and half fine according to k Ir. routh..
its viciousness is imposcd upon the dog; and the excitement
of being set on takes the other half off it.
If the youths did not incite it (the dog of chase) at all, it
is half compensation that shnll be due from the O'/.vnCl" of the
dog in that case for Í?ljU?y to a profitable worker and a
beast, and one-fourth of compensation or of sick-main-
tenance for injU?"y to an idler; and a fine according to the
motive is imposed upon the youths from that out.
These are all dogs of chase, whether they be with a sensible
adult or with a non-sensible person.
But the hound which is not a dog of chase is exempt
when with a sensible adult, whether it was ordered or
not ordered, and a fine according to his motive is imposed
upon the sensible adult from that out. Or else, according to
othe1"S, whatever non-sensible perscn incites the hound that is
not a dog of chase, whether it was ordered or not ordered,
it is half compensation that shall be paid by the owner of
the dog in that case for a profitable worker and a beast, and
one-fourth of compensation or of sick maintenance for an
idler; and a fine according to his motive is imposed upon the
non-sensible person) from that out.
And in every intentional crime on the part of the youths,
the fourth which the o-wmr of the dog or of the stake would
pay falls upon the youths; and it does not fall upon them
in the other' eitgedh ' -trespas:5es, but falls to the gruund.
5
6
Lebap. a1de.
Till, BOOB:
OF
AICILr..
tTIar 5{(bal
Ul5e In CU, ocur 110 'Oel1151 '00, ocur po 5 abu r-
Ulp, 1rlall cu ann, ocur pac a rata ap 1n co'Onac.
tTIar ap 'OUl5'1l ma)1bta 'I' lan paè. tTIar o:p 'OCl151n
erpa, '1' let pac. mar ap 'OU1
1n mapb-ca mIL rUnnpa5U15,
'1' ((mmt 1I1'Oetb111
011ba um U1
hEIl1.
11lara 5ab((1
((ch III cn, ocur)1o 'Oe11e5 '00, ocur Ilí he po
bat
ur
Ulp, '1'1((11 III cO'OIl((è UI111, ocu1' p((ë ro bltblncl ap
111 COIIl, ocu)' rEmpe mellpaë
a 1111l111mUI'O let mU11
1 'Oí.
mar a
abal
U15 an cú, oeur 111)1 'Oel1eÈ '00, no ce po
, 'OeI1e5, manab cc((bal
UlE an cu, 'rlan cu al1n, ocur pach
'}xæo: all o:n catmac.
cc hUl
n111
1.'111 no: con pU5 ned1 Ulle an cu lUll' '00
mapba'O rnUll1
'00 epo'Ò an 1'111 bep1r.
m a)' Inn1111 Ue'O compUl
1 an CO'OllUI5,1((1l 11'01 pe 11(( cnel'Òe
j. l 1e
aot5 oqlura I,O bar, el'Ò a mpbaè CI'Ò a nerP((C CI'Ò a
pob; ocur lan COlpp'Olpe pe
((ot) U1
h5111(( 1I' na 'O((111e, wp
rnbar; oeu)' lan 11'Olpe 11' Ila 1'eo
U1b 1((11 rnb(q', ocur
Cl1
h5111.
mar InmmUe'O erpa an CO'ÒnUl5,odlpUI' comlan 50 bar
oa l1erpac, oeu1' let 'Olpe n(( cnel'Òe; oellr ofpur comlm1 ((
t:'opbaë oellr a 110b, oeur let eOlpp'Olpe wp mb(q', el'Ò ((
"opbaè CI'Ò a nerpaè, la
aet'i m<;h5111((; ocur let '01pe la
har(5 1n Wl 1 rnbar '1' na re
U1b.
mo:r 1I1rnmUe'O 111nll'Oetblp mpba an CO'ÒnUl5, otpur
; The man u'ho brings it.-The :\18. is defective here.
THE BOOK OF AICILL.
5
7
If the hound is a dog of chase, and it (the Pl.ey) was singled THE BOOK
out for it, and it seized the pl'cy, the dog is exempt in the AI
LL.
case, and a fine according to his motive is imposed on the
sensible adult.
If it was for the purpose of killing he incited the dog, it
(tlte penalty) is full fine. If it was for the purpose of sport,
it (the penalty) is half fine. If it was for the purpose of
killing a particular animal, it is like a case of
.pJ:Ofit with respect to compensation.
If the hound is a dog of chase, and it (an animal) was
..ingled out for it, and it was not it (that particIÛm. an'imal)
Reized, the sensible adult is exempt in the case, and a
fine according to its viciousness is imposed upon the hound,
and the excitement of its being set on takes one-half off it.
If the hound is a dog of chase, and it (the particvlal'
a?Limal) was not singled out for it, or even if it was singled
out, unless the hound is a dog of chase, the hound is exempt
in the case, and a fine according to his motive is imposed
upon the sensible adult.
With the knowledge of the owner of the hound another
brought the hound with him to kill a beef of the cattle of
the man who brings it I
Ifit was an intentional incitement by. the sensible adult, . Ir, OJ.
he shall pay full' dire '-fine for the wOllnd inflicted besides
sick-maintenance till death; whether for a profitable worker
or an idler or a beast; and full body-fine besides compensa-
tion for persons, after death; and full 'dire '-fine and com-
pensation for the' seds' after death.
If it was an incitement through idleness (spm.t) on the
part of the serrsible adult, he shall pay full sick maintenance
till death for inju?'y to an idler, and half' dire' - finc for the
wound 'inflicted; and complete sick-maintenance for a profit-
able worker and a beast, and half body-fine after death,
whether for inju?'y to a profitable worker or an idler, besides
compensation; and half' dire' -fine with compensation after
death for the' seds.'
If it was an incitement for unnecessary profit that was
made by. the sensible adult, the penalty is complete sick-
52R
lebaf}. a,cte.
Tn!': Boor, coml((n a t::011baë ocur a pob, oCllf let; Ot;tUlf a nefPaè.
Ar
.L. b O bar 1'111, oeur 1la panna ce'Dna 'D((1t::h5111 wp mbar.
hut; bmle 'rlan cu <IE co'Ònaè ca;mt:: fe1ch fWtl a5 e5 CO 'D-
naë, 5aë bmle at::mt:: fe1ch fmp a5 cof>naè at::mt:: na fe1ë
!) ce'Ona fmp aE éEco'Ònach, 110 fe1ch '1' mo anar.]
i-ni:+i/.M..I (j,
Corc 'üa pa'ü.
.1. mara cO'D11aë 'DO t11ne 111 corc 'DO fW'D t:pw ccmpwt:1,
ocur C1n'Dt::1 co
a!p1.r
e
he, 11' m iS51n ann oCllr 'Dwùla'Ò
oCllr e11eclann. 111ara èll11m:;abmpt:: 1 t::mplrt::ea no 11((
.0 t:wpert::ea, 11' let; mt::l1EIn ocur lei; 'Dwbtaf> Õcllr lèi; enec-
lann. 1nara C11l'Dn co na t::mtUft:ea, 1rlan a èor c .
Clb9
/ft.)
-----
111ar t::pw erba, ocuf C1n'Dt::! co t::mp1J'ï::a, 11' mt::h5111 oCllf
lei; 'Dwbta'Ò. m ara cunnt:abmpt: 1 t:mp1rt::a no na t::mp-
1rt::a, 11' let; mt::h5111 ocuf cet::hpmmn 'Dwbla'Ò. mar a
C1n'Dt:1 co na t:mp1rt:a, 'rlan a èor c .
mar t:pw 111'De1i;blpe "Copba, ocur C1n'Dt:1 CO'Lmp1rt;U, '1'
mt: h 5 1n . mar a ct111nt:abmpt: 1n t:Cltplf{;a 110 11(( t:mplrt;a,
'1' lei; mt;,:;1n. mara C1n'Dt:1 co 11a t:mp1f{;a, 1rVm a ëor c .
mara mac 111 aer 1ca lei; 'D1pe 'DO p1ne 111 corc 'DO pcro
'Lpe compmn, ocur C111'Dt:1 co 'Lmp1rt;ea he, '1' mt:hE1n ann,
ocu}' lei; 'Dwbla'D, oct/I' let; enectann. 111ara cunnt:abmpt:,
'1' let; mt;hE111, ocur cet:hpu,mt;, enectmnne, ocur cet-
THE nOOK OF AICJLL.
529
maintenance till death for i'ilju'J"Y to a profitable worker and TilE Boos:
a beast, and half sick-maintenance for in J .U'i'1l to an idler. A 01"
" ICILJ
This is until death ensues, and the same divisions of com-
penAAtion arc made after death.
Wherever a hound is exempt whe1
with a sensible adult,
it is subject to fines. when with a non-sensible person; a1ul . Jr. Fintø
wherever it is su
iect to fines. 'lvhen with a sensible adult, it a'"t "POfi it.
is subject to the same fines 'lchen with a non-sensible adult,
or to greater fines than they.
To check it from its deer.
That is, if it be a sensible adult that intentionally checked
it (the dog) from a deer, and it was certain that it (the dee1')
would have been caught, it is compensation and double and
honor-price he has to pay for it. If it be doubtful whether
it would have heen caught or not., it is half compensation
and half double and half honor-price he lws to pay for it. If
it be certain that it would not Lave been caught, it is safe to
check it.
If it was through idleness he checled the dog, and it was
certain that it (the dee1') would have been caught, it is com-
pensation and half double he has to pay. If it were doubt-
ful whether it would have been caught or not, it (the penalty)
is half compensation, and one quarter of double. If it be
certain that it woulrl not have been caught, it is safe to
check it.
If it was for ULuece::'ðal)' pre fit 'ie checke{l the dog, and it
was certain that it (the deeI') ,\ ould have been caught, it (the
penalty) is compensation. If it were dou1tful whether it
would have been caught or woulJ not have been caught, it
(the pennlty) is half compensation. If it be certain that it
would not have been caught, it is Rafe to check it.
If it was a youth at the age of paying half' dire '-fine that
caused the check to the pU1"suit of a deer intentional1y, and
it was certain that it would have been caught, it (the penalty)
is compensation, and half double, and half honor-price. If it
were doubtful 'lchethei' the dee1' would l/(lt'e been caught, it
(the penalty) is half compensation, and one-fourth of honor-
price, and one-fourth of double. If it be certain that it
VOL. III. 2 M
530
Lebar. a'Cle.
Tm=,
.ool( 11ulm-ë1 'OlUbla'Õ. n1aro: Cll1'Ot;1 cOlla t:01111r-r;ea, 'rlan <<
AICILL. èorc.
mar t:p.e 11l"Oert;blp.e t:ol1ba, OC\lr C111'Ot;1 co t: at l l1 r-r;ea, '1'
t:eopa cei;pU1mÔ mt:hËlIla 111"0. 111 ((ra cl1llllrabmp.t: 1 -r;mp-
J lft:a 110 na t:a111'ft:ea he, '1' ce-ëp.U1111t:1 OClIr Ol:t:I1H.ro. tTIar a
Clnl>t;1 co na t:UIpI rt:a, 'rlan a ëorc.
tTIara mac 1 IW6,-' Ica mt:h'511l(( '00 11\t16 In corc '00 1-'1(('0
t:pla comp.run, '1' rud1EI11 OClIr CIIll>t:1 CO t:mr'r;:;a. tTIara
cUllnt:Clbmpt: 1 t:ru)11rt:(( 110 na t:mplrt:a, '1' lei; m-r;h511l.
/0 mar qua erba, ocur Clnl>t:1 co t:rupI rt:a, '1' cerèeol1a
ce-rp.t11m-r1 m-r;h'5111a ann. 111ara cunnt:abm}1t: 1 t:a1p.lrr:a
no na t;atplrt:a, '1' cet:hp.U11ll'èl OCUI' oèt:ma-5 UIlll. 1n((r a
Cln"Ot:1 CO na t:Ulplft;a he, 'rlan a èo)'c.
mar t:plU 1n"Oet-rblp6 t:opba, ocur C111l>n co t:ap'rt:a he,
/511' lei; att;h'5111 a1111. mara cunm:abmp.t: 1 t:mp'r-r;ea 110 na
t:mp'rt;ea, '1
ced1pulmi;, atd1511la ann. 111ara Clnl>n CO
na t;atp'rt:a, I)'lan a ëorc.
CI"O
()'t)611a l>lb"OUl> a11 111 IWIt:h'5111 1'0 Inp., Ocur r e
ca p.a'Õ '1' In 1I1a"O mle; ni "Olbl>m mt:h5ln 0 blUr P((11l>
C 1;02.tol>0 l>lpe [111(( comlt:eèt;]? 11' e fcrG fOl>epa; mt;h'5 111
c. 1;1)2. 'réln 110 bm IC l>U1n6 [reèt: mle] CO C11l"Ot:I, ocur Imap
'Olba"O a lam; ocur cO\p cel) co bet-r 'Olb'Ou'O a1'
In Iwlt;hpn 0 1lU IcfCClt:ep uppannur l>0 l>lpe 1"1'.
Sunn Imupl1o, CIU cpu-rmp:;el11l1 mt;h'51n 1'0 "00 bl-r ac 'OU1ne,
1611Ocon fer 'VUlpri'1 1 mbw"O mCCI hI, 110 na blCCO, ocur
1 Three-foU1.tl;$.-Tbe l\lS.11Rs "cElteOlta,fourj" "bid1 is plainly a mistake for
" reoy1.{{, tÌlree."
THE nOOK OF AIC'JLI,
531
would not have been cau o O'ht, it is safe to check it (the THE BOOK
OJ/'
lw'tLnd). Ålcn.L.
If it was for unnecessary profit, and it was certain it (the
deer) would have been caught, it (the penalty) is three-fourths
of compensation in the case. If it were ùoubtful whether it
would have been caught or would not have been caught, it
(tlte penalty) is one-fourth and one-eighth. If it be certain
that it woulù not have been caught, it is safe to check it (tlte
hound).
If it was a youth at the age of paying compensation, that
intentionally caused the check to the 1JU1.snit of a deer,
and it was certain that it would have been caught, it (the
penalty) is compensation. If it were doubtful whether it
would have been caught or would not have been caught, it
(the penalty) is half compensation.
If it was through idleness, and it was certain that it (the
deer) would have been caught, it (the ptn!J,lty) is three-
fourths l of compensation. If it were doubtful whether it
would have been caught or would not have been caught, it
(tlte penalty) is one-fourth and one-eighth. If it be certain
that it would not have been caught, it is safe to check it (the
hound}
If it was for unnecessary profit the check was caused, and
it was certain that it (the d<!er) would have been caught, it
(the pen(dty) is half compensation for it. If it were doubt-
ful whether it would have been caught or would not have
been caught, it is one-fourth compensation he pays for it. If
it be certain that it would not IJave been caught, it i'i
safe to check it (the hound).
'What is the reason that tltel'e is diminution of this compen-
sation at all, and that it is said in the other place: " compensa-
tion is not lessened when there is any portion of' dire '-fine
accompanying it "1 The reason is; the compensation in that
case relates to a thing which a person undoubtedly possessed- . Jr. 17U1t
at another time, and of which his hand had been emptied; and fDa.a
om-
it is right that there should be no diminution of the com-
:
O!.
pensation after a portion of the' dire' -fine has been paid him. per.on"ad.
Here, however, though it is established that a person should
have this compensation for the deer, yet it is not known for
VOL. IlL 2 M 2
of<- cf C2.
1f7
./. (k 1,w{., curv i- '/1M"1WÁv 7 fJv
(.../(\.fil?Mtt
U
4
53
ebat1. mete.
Till': nOOK C01P. ce n('( bet; 'Olb"Ou'D l11p.p.e; ocur '1' ar 5abmp. a 'Olb"OlI"O,
OF " b [ " ]
AI<:IJ.I. cac cunnt;a mp.t; pa"O(( 1'5 t;)11a comp.m<:1 COlrCt;I)1. u "(1)11
'1' md15111 '00 com)1mnn fO cormmt.
C.IG9!, Ctl1t1.m bum; [temoac11t; La cm;].
!í .1. m((r p.11' l1a l1elë1b l11"OI1'e1' lebup p.o cmt; !at;, ocU1'
111 p.a renmt;, 'rlan "00 c(m 111 lW"O ((ët; mt; h 5 111 .
1na1' p.11' na IlelClb l11"OI1'ea1' leatk(p. po carhc; 1((t;, OClI1'
po re1l1lU1''Gap. 110 mar pe ne1clb mte l1ac l11"OI1'el1n tebap,
C6 po 1'enI1Ur'Gap, cen cop 1'ennllr;::;((p, '1' lan pac Em'!:l "OIC
/0 an"O.
ðJì.a10"De tU1"D tat; a tUbm'Ò.
.1. n(( tWlte ce111l ocul
c01b"061ac po 01 1 fW"01W1re na
mIl<< ac á bpelt; 'Oaell pp fO cmU, 110 up eoc 1 mucmpl, no 1
tU1n5 110 netap, fOP U1rC1, '1' art;m{;, 011)10 0 f:a 11e Ce1tpl
/5 l1umpl PChlt; lmach, ocur 110C011 fUlt eneclann "OIC 1l 1U .
)t
Cach oel1 'OIU na P((1bl up mp"O noco nafLmt;1 O)1pO 110
co paoat; 11e P.8 l1"Oechmm"Oe 1 11((1'GI<:1n, ocur eneclml11 'OIC
11 'U ; 110 '00110, 0 pa OW"O oel1 no 'Oe"Oa 'OIU 1 11m'Glnn 1t1eoë
'Oama '0111111 t;upna1'Om '00 'Oe11U111, com U1''Gmf:l opp.u 1111e 0
10 ta cert;fll umpe PChlt; lmach; ump. If aenach cl11pmf:eë
C0tl1a1t;1t;111 hI. ocu1
5e1ol"O 51161111 up.ncmma 0 bwl' 1 I1m'(;1-
nu'O.
achtlblb.
C) (J. .1. 111
u
t_tlË
; act; ma tan5m:;a11 na cne'Oa p 1 1' pe p.e 111U-
6bmtte, OCU1' 111 mo 111 clle"O 'Oel"OI1l<<C Ina In cet; cne'Õ, 1'lan
C.IG9;;. aCt; bw'O ocur tlms [0 pp feJ1'Gana n(( cnel"Ol], ocur lel5er
"ùeotms 0 bmÈ.
1 Beer 10ith me; Jlew-milk 10ith a cat,-C. IG94 adds an explanation of thc3e
clauses, whioh would seem to belong to the next :lfticle. The worLis arc '.l:LI to
THE DOOK OF AICILL.
533
certain whether he could have caught it or not, and it is TßII: DoolI:
right that there should be a diminution of it according to AI
;LL.
the pl"Oixlbility of his not haâng caught it; and its dimi-
nution is inferred from, "In every doubtful chase checked
by design, its 'dire' -fine and its compensation are to be
similarly divided."
Beer with me; new-milk with a cat. 1
That is, if it was for the things which the book mentions
he commmed them, and if he did not deny it, he is exempt
from pc(yill!} anything except compensation.
If it was for the things which the book mentions they
were consumed, and ifhe denied it, or ifit was for other things
which the book does not mention, whether he denied it or
did not deny it, full fine for theft is to be paid in the case.
Grainne eloped with thee, 0 Lughaidh.
That is, every chief and relative who was present when the
woman was taken by am man into a wood, or with hint upon a · Ir. Olle.
horse in a plain, or in a ship or in a boat upon the water, is
held to have consented b 'l('flless he objects within twenty-four · Ir. It is
hours, and honor-price is notto be paid thpm,'lmlcss they object.
:
:"!l 0>1
Every one of them who was not present is not held to have
consented until her has been cognizant of it for the space of . Ir. 7ñty.
ten days, and honor-price is to be paid to them; or indeed,
acconling to othe1's, when one or two of them who are com-
petent to make the contract ofmc(1'l'Ía!}c are cognizant of it, it
is binding on them all from twenty-four hours out; for, it is
a case of" an alehouse 0). a fair are an acknowledgment," and
it (theÜ. consent) has the effect of a contract when they are
cOt,rnizant of it.
" .
. i-.J..A'A'
Coniiequenee s.
That is, the bleeding; but if the wounds broke out afresh d d I
. Ca
e
d . h .. d h 1 d . ogawa/hUll.
unng t e testmg-tIme, an t east woun IS not greater
than the first wound, the man who inflicted the wound is
exempt, hut he 'lIHlst supply food and a physician, and the
cure must be gratis by the physician.
have been spoken by Cormac lJa Cuinn to Lug;haidb, son of the King of Cc.nnanght,
or according to others, by Ca;rbre Lipheacbair, -on of Corß1l\r, when dcfendil1g hi
foster-brother.
C. 2-
'!1'
e,{y-
5
;-1
GCball' Utcte.
Till': nOOK 111ar a mo In cne1) 1)emlnae Ina ce
Cn61), r mtte 1) pe
OF
AU'ILI.. CÛlpp1)lpe na ce
CTlel1)1 co pOlb COlpp'Dlpl 11a Cn611)1 1)611)-
ence ann; ocnr pl1tte1) pe 10;::; otpura na ce
Cnel1)1 co pmb
tOE o'Ëpura na Cnel'i)6 7>emcnce ann; OCll]' fUtlle1) 10lEmeë
a
5'7>0 ltmE. '(;pe rtl1íl'p61) mcbellt na cneme bUtlam, na
cnel'öe p61m
eë
mEI,
a11l1C plr ann fIn 1(a:;, ocur nl
I'e
1
1I11lepeû 1)J1oCteIËlr co fir no can fir 1)0 bmE. mar
lle
rUI11're1) 1)p OClel 'S'r co fir 1)0 ltmE, Tloca nUtl pe 1l1ubmle
1)at;r e 5((1) 11 ' 1'. aëï:; a IC 1)0 bmE 1)0 Eller, amml po repa"O 0
c. 1IJ
G. "lmm [bu1)é11l].
fllar
pe pl1plpe1) 1)J10HeIE'r cen fir 1)0 bmE, ac
m(q
pe pe 1l1ubmle "CaTlcat;ap p'r ta
, '1' elplc 1)IC 1)0 bmE ann
r o mcne"Õ mm({tE
eë"Ca no e
eb:;a, co
pebt11111 no cen
pe-
bUtpl ; mar tap pe ntUbmle, 'rlan.
':A1
C/91t 00,
C,2}}
IS-It
It bm bL1a't)
(ro
pl,
rr '
pell 'Oero]'c CI111);
1< Con
OIrCI 1)lfunn
'(;pachw"O bepla blll1) ;
1" OeTl an"O rpl 1)epOrC lattne,
'Do na bl tappmE,
CCrbepap rpl "Oeporc COll"
'(;11 eI 111r l rpl blta"Omn.
Hue mIl' rftl 1)ell0rC III CUtPP olcena; ocu}' In "Cmnm-
,
rmll1)1 1)1mapcpm"O a
a 1)0 1)epOrC CUl1) no COI)'! tn 1)Ulne
fee 1)ep O r C In CUtJ1P olëena, copab e In t::mnmpmn1)1 fin
'OlmaI1Cpm1) ber 1)e 1)erorc Cln'O no COll" tn rUtb fec
'Oeporc a CUtPP olcena.
· For thefull tuting oftJte head,-This seems to mean, that if the skull has been
fractured. it will take three years to te
t whether the phy
ician has made a good
cure of it or not,
.,.
33'
c1ß
p
./' 1dv
J.t
",
þ
?1.0 [
-fw
, 71A>.&e4 I
4Wkw
11
TH E BOUK OF AICILL.
j35
If the wound 1;e O'reater than it had been at first" addition TIn: nOOK
b 'OF
is to be made to the body-fine for the first wound till it AICILI..
amounts to the body-fine of the last wound; and addition is . I ;. If the
to be made to the allowance for the sick-maintenance of the la.t wound
fi t d t . ll . I . k . f th begreate,.
rs woun 1 It amounts to tIe iHC
-malntenance 0 e than the
second wound; and an additional fee is to be given to the fir3t d
tOoun.
pbysician. It was in consequence of the dangerous nature
of the original wound, the previous wound, that it broke b I
.
"'ne
aga".".
out afresh b in this case, and it was not in consequence of him.
bad curing, with the knowledge or without the knowledge
of the physician. But if it had been in consequence of bad
curing, with the knowledge of the physician, there is no
testing time to be taken into consideration, but it (tlte
penalty) is always to be paid by the physician, just as if he
had inflicted it (the 'l.vound) with his own hand.
If it was in consequence of bad curing, without the know-
ledge of the physician, and if it was within the testing-
time they (the 'l.vounds) broke out afresh b , 'ene '-fine is to be
paid by the physician according to his character oflawful or
unlawful physician, whether he has taken security or note; <Jr.. With
. . . ...... &fCfI1."Y
If It be after testmg-tIme, he IS exempt. or tcithn,,(
.<<unty.
There is a year.
Thel"e is a year thrice,
For the full testing of the head ;1
As teaches concerning it 2
A tract of the sweet BCl.la-speecl
;
One yea" for the testing ofthe hand,
Mter which there is no demand;
There is said to be for the testing of the leg,
3 nll7llf." A short --perw.l along with a year.
Nine months is the tirne for testing the body generally;
and the proportion in which the testing-time for the head or
for the leg of a human being exceeds the testing-time for
his body generally, is the proportion in which the testing-
time for the head or for the leg of an animal exceeds the
testing time for its body generally.
2 Å3 it Ï3 ta:JfJht concerni"!J it.-For "con co'rc' 'D'fUt1t1 " of the text, C.1696
hS5 "COt101fCf1 'DO pJt1t1;" for t:}1.ucht:u'D," "cf1.uët:aI'D;" for" IUf1.f1. a1 S,
",Uf\tI,f1.;" and for "a1'bef1.af1.," "a1' oo f1.-"
JIV."
t io fW
ti.J,
ItJ-
tJuI.,
TIII'- BOOK
OF
AICIl.T
í ð'.ð IIJ()S'
536
Leball' U1cte.
Cia lW1ê enectann?
.1. Can)1 1n enectann po 1f1'Orm
ep1r 11a cne
mb?
St1c
e1
ei) a1pt1
efl :
CC1
hb1f1 1n'011a1c otflUr.
tJ LU1fl1m CfllP c01cefl
a'O,
Cw 'Otl'5 'OU1f1e 'OU1t
"D1 cae fO'5wt 1f1'Oe1tbl116
fo fecafl ffl1r.
'0eofla e1flC1 a1flte
efl; __..<\-
Q
{ alL J.J
((1
h;S1f1 oË 1na na'5a)l, 7Ul<I
,.
Sceo C01p C01flP'Olfl6 COm1f1'O)lWC;
Ocur eneèto;s,
1 ap rtecLW b 1'aefl reflnafl,
'!
1 n'O 111 apmtt
I elpanar}11la banbelm bfl1;S ;
bp1
ett <<1flefl epenap
1 cnocb61m cot.
Com'O aen 1n'OrW;s cae 'Slar
b no 'Oa1'5 ;S a1 fl;S.
l Co cetflamtw11 enecta1nm
fefltwp fota Lfle felfl5;
fwewb
p1un
a1rltbl
ell
Cae mn'Ofla1Ë a5.
((1t1'O otflur 1&fl'Oa151 ;
enectann co tet A
1n cae cfl0t1Ë1 CUa1fl'O ;
Com'O COlfl C01flP'Olfl6
Concefl
ap cae nae.
ott rceo elfllC a1
h;Slna
,'N1 'Olupanafl '06;
- mU1TCC '-oerm
apl'01naë
"DIme 'Oeltb1fl1 ;
((ë
nae
fl015
l1afl5aba
Cen
flOCa1fl6 n.
_'I,;" . 1
-
.
. ç -8Llë'C el 'Cse'Õ al p.LI5'Cel1 .1. ep.aLual'Cep. mrnelf 11(( eiftci 'no beP. U I1
Ifln C1ßm'O.
I TM kinds of 'eilgedk' -cl'ime al'e e,wlllel"Ulerl.-'fhe<e fragments, 11 hieh follow COII-
eecutively in the IIIS., without distinctiou in the l\riting as to text or gloss, have
been arrange<l bere in a sort of nwtrical order, as tbe,- appear to the editOfll to hanl
THE BOOK OF AlCILL.
537
WhQ gn ts honor-l)rice 1 THE O
OOK
Alell.I.
That is, what is the honor-price that is sought for the wounds 1 -
The kinds of' eitgedh '-crime are enum
:1
Sick-maintenance is a worthy compensation.
Repeat quickly the right rule,
As to what a person is entitled to
FOt" every unlawful k injury
Thatis on him inflicted.
Three' eric '-fines are oounselle4;
There is paid full compensation,
And fair honest body-fine;
And honor-price is paid,
Mter noble examples,
One end to another;
Just payment for the white blow;
Just' airel' '-fine is exacted
For the foul lump-blow.
So it is one that sues for every
Green fierce wound.
At a fourth of honor-price is valucd
All blood shed through anger;
Fines of one-third are moulTcd
For each tent-needing wound.
Sick-maintenance involves after fines;
Honor-price and a half
For each maim whiøh l'cfestørs ;
So that it is proper body-fine
That is adjudged for every one.
The great' eric '-fine and that for compem..ation,
Are not to be avoided;
If defence be not made for one
Whom necessity protects;
So as they have not taken up wretches
To whom no mercy is due.
k Ir. Unn&-
ceunry.
h?"
The kinds of 'eitgedh.-crime are enumerated, i.e., the 'eric'-fines
that are paid for the offence are enumerated.
formed portions of an ancient poem embod
.in
la,,' maxims. If this view be
rorrect, the) furnhh incidenbl evirlcuce of the great auli'1uit)' 9f par
s at lea
t of
the text of the Book of Aicill.
,j<J"'''1 'TfÆlC
'
9
Sfe"'-
'
se
-
'
L1'e.'3S-)
cf-t.IV
e
5;38
tebap, mete.
TH
; nOOK ((1<:h5 In Int>I"a1C otl
lIr .1. 11' 1I1"O)1mc l11l1111l1 t:otl1Ur"Oo '\'enum 0
OF bur cns"O. m bo:1Le na "OLe5a)1 aëc o:1cnS1I1 Irm 1I1"OSltb111e cOl1ba.
Alcn.L.
\:uI)1lm C)1lp COlce)1ca"O, cIa "OLIS "OUln6 "OuIL"01 caë f 0 1';mt
In"06ltbl)16 fO feéa)1 f)1I1" .1. mrnS11JrlUm co Luatl((I'- ('01)1 na aTIa
,) CI)1G1 fIt ((CUC, CI"O "OLI5Sr 111 "OUIL 111 "Ou1I1e "Of ((ë
Jf050:1t l-'Uaëcno:1&C S I1
)111"
\:60)1U 61)1CI U1)1t1ce)1; U1C\15In 05 Ina 11111';(1)1, 1'ceo COlp,
COI)1p"OI)11 comln"O)1alc, .1. e)1atumt:611 111 GJ161'01 reo 11' 111 nel)11C,
b1U"O oeur trmi; oeur fe)1 mama mo"O; oel1r 0:11"SIC6)1 cOIIILo:1nc11Ir na o:1cn-
'0 ;<;1I1a ann rceo
ecura, oeur 111 C01)1p'OI)11 "Ote5a11 ann co eoml11"O)1mc "00
)1el)1 C01)1.
Ocur 6neëto);, lal'- rLeécalù raett 1'e)1na)1, .1. Lo5 eneë "Oop)
In"O)1 UCU r la)1 no:1m el r 111 cm)11"O rl1atno:1Set> mI".
1 n"O In a)1U1Lt, .1.111"0 el)1Cl1 n1l1"O l-'05 ta .
.,--el)1 una l'- Ilia banùe11l1 b)1IS, .1. Pltenm;<;t:e)1 co nEl1"1l1C61t 111'1:'
c,necù:nn1l1 11'111 mùan belm.
b)115 Ce )1 UI )1e)1 e)16na)11 cnocbelm col, .1. f1)1sno:1&Ce)1 o:1)1S)1 ((Il
1'sëcma"O nenecLmnm "Op)1anu5u"O Ir1f1 cnocbElm 11' m"Otrsc6ë "Of6)1C[{1n
a)1 n së.
:ID C01l1"O aen In"01'a15 caé 5Lar sno"Oa15 SUI)lS. .1. 11' C((1I1 cona-n
man"O p)"Oo:1L enscLmnm 1I1'Orar
e)1 111 caë 5nou5(('Ó, no CI'Ó 111 caë f 0 5[{1L
"00 1l1ce)1 qte rSI)1S.
Co cet)1amtaln enectaln1l1 fe)1tal)1 ):otut:)1e fSI)15' .1. co
nrt)1amta1l1 snecù(1nm 11' a ):UlL fe)1t:o:1)1 1:)1e fo:1'O ):el)1S1 a)1 neë.
6'rlaëalb 1:)1lun 1:alfILb11:e)1 caé nln"O'j1a1S as, .1. If e paë 1:0:11'-
ILbl1:e)1lf1n as 11' 111 Imnn)10:15 .1. 1:)11Un nenecLamm 111 caë Imn"O)10:15 "010
CCILI"O ot)1Ur 1U)1"OaISI; enscLann co Let In caë c)1 0LI S1
cual)1"O, .1.11' 11a)1U1lI"O I SI 'D Le sa)1 ann La a'O[tJ01'j11t1n umr ot)1UfU .1.
Let enecLann 1f1n C)10L151 eummLe; Lan LoS E'meë e)1ena)1 caë c!lobSI
cn CU o:1)1"O .1. o:1)1[S]I1:e)1 tan Los 6neeLmnm "00 llsoè 1U)1 cae COI)1 I C\ 10Lr SI
ùmr "Of e )1to:1ll 0:11".
Conl"O COI)1 COI)1p'Dl)1e conce)11:a)1 caë nae, .1. cu COICS)11:o:11:e'j1
caë enecLanfi a"Oub)1ama)1 'j1oma1l1"O 111 caë enel"O )1e 1:a6b a C01)1p'OI)11 "00
)1el)1 ë01)1.
.3S otL fceo e1\uc al 1:n51n anI "01 upan a)1 "06, .1. reeo !,-6p1-f-a,ocuf
nocu "01Ubo:1)1t:6)1 'De, can 0:11:n5111 "00 na el)1CI CO oLt ')1e 1:aeb f1n .1. ot)1Uf
no fmaë1: meta. t
\.n1ana "Oe)1f11:a
"01f1aë "Olme "061tbl)11, .1, mana )1alb "Oeltbl)1 1U r
a 4
m"OI1:1I1, !,I
"O!! 12.o
s
n
t
, .1. m 1:1 "00 bel)1 o)1sam ):0)1 CO)1P na
"Oal11 e.
CCë1: n aë 1:)1 01 5 1:;ua)1sabm: cen 1:;)1ocUl)1e 1:;1, .1. C1I1 t:)1oco:1)1e ')111'
lla C1l11:o:1b 1m na nel)1clb reo, aë1: 11lbm"O na 1:ua)1sabm: na 1:;)1015 (I1:;I"Oaë1:
'Dlb a hlce.
, 'ROCWI'-COmpen3{/tiol<. Dr. O'Don')\'3n conjectured that this meant complde
I cric'-finc.
THE BOOK OF AICILL.
53!)
Sick-maintenance is a worthy compensation, i.e., I deem it rjght TIlE Boo]!.
to porform sick-maintenance when there is a wound, wherever there is only com- OF
pen.ation due for a ca3e ofunneceFSary
AIClU..
. Repeat quickly the right rule, as to what a person is f'ntitled to
for c,.cry unlawful injury that is on him inflicted, i.e., tell quickly
according to the right rule which thou hast, "hat a person is entitled to
for
every injury inflicted on him.
Three 'eric'-fines are counselled; there is paid full compensation,
and fair honest bod).-line, i.e" there are specified for the 'eric'-fine thesc
three things, "iz., food and a physician amI a substitute; and full compensation '"
'r9ç1H::"_f"n.mppn,ulltinnl llrÞ impn
pn , and the bod)r-One which is due honc<:::t1y
according to justice. It!
And honor-price is paid after no ble
es, i.e., honor-price
-b(' '" I.ø.v (i..U.
I). w
en he declares the indignity th..t has been put upon him.
One end to . another,i.e.,theendofthe'eric'-tinefortheendoftheinjur
Just payment for the white blow, i.e., it is justly ordained that the
cnrl of the honor-price is paid for the white blow.
Just mulct is paid for the foul lump-blow, i.e., the mulct is justly
fixed at the seventh of honor-price to make amends for the lump-blow "mch it
is unlawful to inflict upon a penon.
So that it is one that sues for every green fierce wound, i.e.,
it iB ju.t that it is the same portion of honor-price that iB sued for every indignity,
or for every injury inflicted through anger. · II'. Le1I!jfh.
At a fourth of honor-price i. valued all blood shed through
an ge 1', i.e., at ß fourth of honor-price is e..timated the shedding of a person's blood
through continuance b of anger.
Fines of one-third are incurred for each tent-needing wound,
i.e., the fine which is HH:i.......d for the wounds which require a tent, is one-third of
honor-price in each tent-wound of them.
Sick-maintenance involves after fines; honor-price and a half
for every maim which refesters, i.e, these are the additional after pay-
ments that are due in the case of the noble relief of sick-maintenance, viz., half
honor-price for the' cumhal'-maim; full honor-price is paid for each maim that
ters, i.e., the full amount of his honor-price iB decreed to one after a proper
manner in the case of a death-maim inflicted upon him.
So that it is proper body-flne that is adjudged for everyone,
i.e., so that every honor-price which we mentioned is adjudged for each wound
besides their body-flne accordin, to justice. .
The great 'eric.-fine and that for compensation are not to be
avoi de d, i.e., the' recus-compensation, and no deduction of it is made. but compen-
sation is to be paid besides the great' eric '-fine, i.e., sick-maintenance or fine for
failure WJÚl" r!ormd. {,. iJf h
,
If liøfp1JC!e. hø n9t æaà9 lnr on Po ,..'hODl nec..essitr p rotects, i.e.,
unless necesaity existed to protect him when he destro
s the body, i.e" he who
brings destruction upon the body of a person.
So as they have not taken up wretches, to whom no mercy is
d ne. i.e., there iB to be no mercy to the criminals respecting tbese 'eric'-fines;
but where they take up wretches who escape the payment in conl"2"OICe if their
poverty.
1M.1w
prww;
(
cLi
' J
C ,'10' lG.)
TilE BonK
OF
..\H 1141.,
fum:::ach 1)lëmmp,c.
Lebatt alcte.
c..f" }f ''l-tt. 3(1
5-10
(', 1703
.1. In bean fum:;mË;; aëT; mar ap eIC1n rUCal> Imaë h1,
cneclann l>IC ria feln ann, OClir enecla1l1l l>IC pe cennmb
OClIt' r e cü1bl>etacmb, fO mcnef> a cü1bl>etaëm)' ria; Ocur
rrü1ppl>lpl l>IC l1mn, CIl> be 01l>el>, ï:;na-ë no 1I15nai'7, t::alp amm;;
lit; [CIf> Eatap CIf> l>0 -ëü1ppC1II)', '1' Cü1rpl>lre Ocur enectantl
l>IC re pne ; OClI)' munab mapb lL1p hi, 1)' eneclann
l>íc pe bUl>cln, ocu)' enectunn l>1c pe pne.
111(()' t::aU l>0 cua)' 1I1a 5'1<<1}' ap elCln no ap, et()'i), 111a 1' a
'0 mnpb T;aU Ill, mar l>on T;0lppcJ11Ur '1' mapb hi, I)' Cü1ppl>lpe
OCtl}' enectann l>1c pe pne; ocur mar l>a E((tap elte, 'r ta n.]
111 a l>a l>eü1n 11UCal> amaë Ill, rtan can 111 l>IC pia feIn,
oru)' eneclan1l l>IC pe cel1nmb ocur 11e cü1bl>etaëmb, ocu)'
Cü1ppulpe l>IC Inn; cm be omel> 51lm; 110 1I1E'lat; t::mp
/ 51mm 5 hI, pe)' In ml)' ocu)' pe pe In mi)', I)'Cü1tlpl>l}le ocur
en6clal11l l>IC }16 p1le.
1n clann l>0 EenT;ap pia ImalC pe)' In ml)', OClI)' pe pe 1n
11111', a nl>ltf1 l>pne madJ((p; OClI)' l>mnal> mt l>ü1b peca-c,
OClI)' mal> alt l>ü1b, na pecaT;; OClI}' l>a narpeca-c, noco
(' ji03.
01111p(l1bnl> l>t!5el> oppo a pelC co T;lIct:ap [a tan] tOE a
mbpmEIT; l>ü1b l>ap a cenn; OClI)' 0 po bep-ëap,,)' taT; '1'
clann CeT;mUI1ll>T;lpe upnal>ma ann, no al>atqtalËI up-
nal>ma.
ÛCur caë ump1r ap elCln plical> 1maë hI, '1' a 110Ëa na
lo--r1neCalpe ffi,(( In pecfaT; no l1a pecfaT; taT;; ocur l>a 11((t'-
pecaT;, lIpmtel> l>bEIl> apln aT;hmp a cennach.
flla)' l>a l>eOln plical> Imach hI, II' a r05a 111 aT;hap (TT;(T
In Cel11\((1;;;6a laT; 110 l1a CCnl>Cl1
ea; ocu)' l>a IwrcennmEea,
I Within-That is ill her 0"" natin place.
2 06ligt3 tll
'(II!tc;.,_C. litJ! r"ads "up <! 11<<1t!111f{;mÜ" Cor "<<1 1 111
achalr." ,
.
TIlE nOOK OF AWILL.
541
Abduction without leave. filE BooK.
OF
.\ICILI..
That is, as ?eganls the abducted woman; if she was taken
away by force, honor-price is to be
.ÆtÍd to herself then, and
honor-price is to be paid to her chiefs and her rclatiyes,
according to the nature of their relationship to her; amI
body-fine is to be paid for her, .whateyer kind of death,
usual or unusual, overtakes her outside; whether it be oJ
disease or of childbearing she died, nody-fine and honor-
price are to be paid to the family; and if she has not died,
honor-price is to be paid to herself, and honor-price is to be
paid to the family.
Ifit was within I she was cohabited .with by violenc
or by
evasion, if she has died within, if it was of the childbearing
she died, body-fine and honor-price arc to be paid to the
family; and if it was of another disease she died, there if!
exemption.
If it was with her consent she was taken away, there
is exemption from paying anything to herself, but honor-
price is to he paid to her chief." and t.o her relations, and
body-fine is to be paid for her; whatever death, usual or
unusual, overtakes her ontside, before a month or within
the space of a month, 10d)T-fine and honor-price are to be
paid to her family.
The children that are begotten by her outside before the
month, or within the space of a month, belong by right to the
family of the mother; and if they like they sell them,
and if they like they do not sell them; and if they sen
them, the law does not oblige tþem to sell them until the full
price of their lives has been given them for them; and when
it has been given, they are conside?'ed as the children of a
first wife of contract, or of an 'adaltrach' -.woman of contract.
And whenever it is by force she was taken away, the
family have their choice whether they .will sell them (he?
children) or not sell them; and if they sell them, the law
obliges the father 2 to buy them.
If it was with her consent she was taken away, the father
has his choice whether he will buy them (her children) or not
buy them; and ifhe will huy them, the law obliges the family
JI (j" [C'7 o /f)
QI
->>V1n k
aJI.4ur ?714t-
1
,)
cf c'
MZ, q C /J4
Cz-oS'o 1'IAM
?nU-
[!) a.rJ. Þ
54:3
Lebap, a,cte.
THE Boox:. up.wl1'O 'OL1 b e" ap. 111 pnecmp.1 a 11e1C 11'1'; ocu}' 'Oa t:;uc"Ca)l
OF
MCILI.. 'OO 111 mr CI 'O 1m::, up.wL1'O 'OL1;se'O mp. a lerl1t::a'O, 'OW1; '1'
rochol1 'Oo.
110 'Oono cena, CI'O ap wl' CI'O aJ1 e1C111 puca'O amae hI,
5" cu nU11wlenn 'OL1;se'O apm ((t:;hwp a cen'Oac. Ocur '1' al'
'Í4-1rk{
+-
*-d"
;sabap ell"'Oe .1. ma'O bWt:;]'ec 1lach.. t:;l1ml111;S a t:;OlrCI'O oCUI'
0I4Ui.dÞ!
olmn;s (( cma", '1' .ur
u
'1' nct:a a COJ1 macrl1la ocur
ran wp. ,. '"",
CCct:; m(('t> cena, cac UUlpl)' ap elCln pUca'O amach 111,
10 clama'O e JlOsa 1n adwJ1 (( cennach, noco 1H1)lWL1ll'O 't>L1;scù
ap. 1n pne a 1161C J11n', act:; munub ml 't>OIb bU"Deln.
1n ctann 't>o ;sent:;((J1 1<<p.ran mIl', ocur co t:;lrat:; aJ1 u)l-
C.1;04. nwlJ1'Y1 1l't>115nË;, '1' tat:; [1'1i>e] '1' ctann cet:;mUm"Dt:;1J16
oXUll
ann, no a"Dalq1U1F;1 roxall, ocur '1' "D1b rCt11p.1}'rOxul t:;p.tall
c. 1 ;04. Iv [a come]. ·
}
/J
C.1704. [mar aJ1 elcln J1uca'Ò ((mach hi, (Jcur ap mmt;1 1 1e pne
110 bob cOlbcl, rm((ct:; Ce"DmU1nnpe, no a'Òalt:;p.m'Òe "D1C
]1ia, ocur rmact:; a'Òalt:;J1w'Òe 't>IC umf1 mana t:;lrt:;ap fO
cOJ1U1b; ocur .I:ceca]1 ro cOJ1U1b cona 1cm1n nac ni, ocu}'
!lprmact:; C6"DmU1nnt:;lJ1e 110 a'Ònlqwl'Òe 'OIC pia.
'')
-1fllAJ '
/'
TI1ar '0<< 't>eOln puca't> 111, CI'O aJ1 mmn Cln cob aJ1 mUlt,
1 1e pne 11Ó ;sab c01bce: 110 mnr aJ1 elCln, ocu}' lli hall mmt;1
J1e pne ]10 j::ab c01bce; rmact:; <rnalqwl'ÒE\ 't>ic ]1ta, ocur
rmact:; a'Òalqwl-5e 'OIC uwt:;he, mana n}'t:;ap. 120 cO]1wb;
::JK'oCUf [ma] t:;ecal1 120 copa1b, con a 111CUlln 1WC 111, [OCur]
rmact:; a'Òalt:;]1at-5e 'OIC ]11a.
manaJ1 ;sab cOIbce InJ1 amU11;, ocu}' aJ1 mwt, fle reIn no
lOr pay jor her offe,.ce6.-The MS. here has 'fot; which Dr. O'Donovan
lengthened out into' fotams;' 'fotuë' is the reading of C. 17U4.
2 It i6 then._For 'aft:u'm' of the ?tIS" Dr. O'Donovan snggested 'crrr m '!:!;'
the reading in C. 1704 is' r u 15 1 uscr'tl,' and for 'cr col1 '-' IItCO I1.'
THI: nOOK OF AIC'ILI,.
543
of the moff,u to sell them to him; and if they be ghren to THE o
OOK
him grati!';, the law obliges him to educate them, because it is AICIU..
a good contract for him.
Or else, indeed, acconling to othe1's, whether it was with
her consent or without her consent she had been taken away,
the law obliges the father to buy them. And that is inferred
from this: "That is, if she be a prostitute who is not able
to provide for her own necessities or pay for her offences, I it
is then 2 it is lawful to return the simiJar and the di....imihF." tr-phv 0/ M- OMtf
.'
But nevertheless, whenever it was by force she was taken
away, though the father may choose to buy them (the child-
ren), the law does not oblige the family of the nwthe1. to sell
them to him, unless it be their own pleasure.
The children that are begotten after the month, and until
they come into a lawful contract, are considered (/13 the child-
ren of a first wife of abduction, or of an 'adaltrach' -woman of
abduction, and it is from them the abduction takes away one-
third 3 of their share.
If it was by force she was carried away, and for the good
of her family she accepted a 'coibche' -wedding-gift, the
'smacht '-fine of a first wife, or of an' adaltrach '-woman is
to be paid to her, and the' smacht '-fine of an 'adaltrach'-
woman is to be paid by her, if her contracts be not opposed;
lind if her contracts be opposed, she pays nothing, and the
, smacht' -fine of a first wife or of an ' adaltrach '-woman is to
be paid to her.
If it was with her consent she was cl1rried off, whether it
was for the good of her family or not, she accepted a 'coibche'-
wedding-gift; or if it was by force she was ca1Tied off; and
it was not for the good of her family she accepted a
'coibche'-wedding-gift; the' smacht '-fine of an' adaltrach'-
woman shall be paid to her, and the' smacht '-fine of an
, adaltrach' -woman shall be paid by her, ifher contracts be not
opposed; and if her contracts be opposed, she pays nothing,
and the' smacht'-fine of an adaltrach is to be paid to her.
If she did not accept any' coibche '-wedding-gift at all
outside, and for her own good or that of her family,
3 Tal"6 away one tl.ird.- The copy of the '0 Book of Aicill o , preser.ed among the
ISS,. E. 3-5, in T.C. D. LilJr8Q. ends here.
5.14
Lebar- aIde.
THE DOOK
t h
OF pe pne, eOlpp"Olpe a eneml "OIC pI<<, amm po 1cfan:;ea pe
AICILL "OU1ne nae tanaman"Oa; oeur 11' (( pOËa na pne ((
a 1n
c. 1141. eomrm:; po bU1 [l1nuleh] hi, In òen 11) a1' ron ar(;5lna a
5 mm p<<l"O bíar "Oólb, no In a "Oul}'1 a n51l1m1'a"O tip. oeur
5'"5 an rep "00 "Oul 1na 5mmp.m"Op. Ocur '1' ee"Ofam co
mbe"Olr ap.aen "OÓIU, .1. ben ap. 1'011 <<It-511la a ;t;nlmpm"Or ' ,
ocur a "Oulp a np1\1npam t'p, ocur 5an rep. '00 "Out 1na
5 111m pam, no co nra
apaon pe "0115e"O. Hoco nr 1l1 1
<<It;r e 5 a 'Ò f 0 5 1 a låln 110 let;e no "O((1Jl
e flO eet;llaman
loe
upp.u amml cae tanammn "0115n5, no co pía r 0 5mt 1
11alpll
111
ep en eclann, oeu}' Ó pó l'ia r05ml, a reËa'ù
Cl<< P.lp n"Oenu"O f05ml; aë
mar In rell, noco 111cunn nac
1)1; mar pe nee elle, It' a íc 'ùon tlJl, ammt ícur In
5a
U1'Ò1 cm
u na reo
n;1:;mn 5eln bí
wce amUlË.
15" mar "Oa "Oe01n puca"O a re01
rein umdl1 amul
, el'Ò
ap. mr cm ap. élcln puca"O anl((c hi, 'rlc[1l ;;::an n1 "01c pe r en
ann, oeur let; "Olfle, oCllr let; eneclann "Oíc pe rl1le '1' na
r eLmb , ocur '1' é pn aen 111a"O 'r'n bell1a a fUll "01pe a
re01
rein 0 "OU1ne "00 naoe elle oCllr re rein ap. mp"O.
w mar ap elCln lluca"O amuc lli, ocur ap elcln pl1ca'Ò a
re01
um
h1 amUl
, '1' mr511l ocur lan eneclann ocu1' lan
"01p.e "01c llé rmn ann, ocur enecl<<nn "Oie }1e pne.
n1ar "Oa "Oeoln puca"O <<mac11 1lí, ocu}' ap elcln puca'Ò a
re01
um
hl amu1È, eneclann "Oíe pe pne ann, ocu}' mq;11I
.L6'O CU r lan "01p.e ocur lan eneclann "Oíc píap fém. Ocur
oëUl' e
apreap
ach ml mce cmnpn co n"Oenum mm-cur a
"Oe; ocur mara Locur neme'CaprcapLaë Ull mce, no e1'Ò
1 Separable p,'opert!f' Dr. O'Donovan's opinion was that this meant any kind of
propert
. which one ('ou],1 sell to another, or ùi3pose of in any way; and that
TH E HOOK OF AICILL.
:;45
the body-fine fur her wuund shall bc paid her, as it would be TilE BOOK:
paid to a persoll not in social connexion; and it is in the AI
Ll.
choice of her family whether they will have a woman to 'lcO'/'k
fc)/' them as long as she was outside, as compensation for her
"\\ork, or whether she ,\ill participate ink the work of the man, k Ir. Go
i"to.
and the man will not participate in 8 her work. Aud it is an
opinion of lawyus that they (the family) should have both,
i.e., a woman by way of compensation for her work, and her
participating in the work of the man, without the man's
participating in her work, until both submit b to law. There b Ir. Come.
is nO consideration of full trespass or of half, or of a' dairt '-
heifer or of one-fourth between them, as in every lawful social
connexion until it amounts to an injury for whieh honor-
price is paid, and when it amounts to this injury, it is to be
considpred to whom the injury was done; and if it be to the
man, she pays nothing; if it be to another person, it (the
.rille) is to be paid for l}y the man, as the thief pays for the
trcspa."
es of the stolen' "eds' while he has them out
ide.
If it was with her consent her own' seds' were taken from
her out:side, whether it was "\\ ith her own consent, or forcihly
she had been carried out, it is safe nut to pay anything to
herself in the caSe, but half' dire '-fine and half honor-price
shalll}e paid to her f
nllily for the '
ed
'; and this is the only
place in the' Berla '-laws where' dire '-fiue for his own 'seds'
is due from H, person to another, he himself l}eing present.
If it was by violence she was carried out, and 1))" violence
her '
eds' were taken from her outside, f'ompensation
and full honor-price and full' dire' -fine are tu be paid to
herselfin the case, and honor-price is to he paid to her family.
If it was with her consent she had been carried out,
and by force her 'seds' were taken from her outside,
honor-price is to be paid to hcr family in the case, and com-
pensation and full' dire' -fine and full honor-price are to be
paid to herself. And it is separable property I she has in thi"
in
pparable propprty. on the other hand, mpant what could not be gi__<n awa)- to
another or dispnspd of, such as gpnius. pprsonal beaut
, or allY other natural
endo" ment ur acquired art, which a person could not takp a" ay from himspIf and
I:ivp to another. It appears rather, that
ep.,!able property "as the p.
dillm of
the indi__idual, while inseparable propprty waa that which "elonged to the tribe or
family in common.
YOLo III.
X
\
546
lebap, a1cte.
TBEBoolt t;ùCUr m:;crprcapt;aë, Hluna 'Osna mmt; ùé, noca nUlL nach nt
OF ,..,..
AICILL. '01 act; m
1 n eept;.
111((1' 'Oa 'OS0111 puca'O 1'e01t; na fins uwrl an1tIl;ç, Cl'Ò ap
mr Cl;) ap elCl n t1Uca'O amach 11;, 1'Lan 'San n; 'Ok 111<<1'1 ann;
,,0('111' Wq;11I, OCllr tan 'Olpe, OCt11' tan enectann 'OIC 11S pne.
mar a1 1 B1CI1l pt1ca'O amach hi, OCt1r ap SIC11l pt1ca"O re01t;
fla pne Umt;h, amUlE' 11' snectann 'Ok plar1 OCU1' atq;1tl.
oeur Lan 'OlpS, OCt1r Lan enecLann 'OlC 11s fins.
mar 'Oa 'OP01n pucal) amuch hi, ocu1' aft SICln puca"O
/0 1' e01 t; na pns 11((It;hl amulF, a,.ë ò ,n oeu1' 'Olpe OCt1r ensct((tln
'OlC 1 11 1' 1n pt1S ann; ocu1' Lei; ene('tonn 'iJíc 111([1'1, ma1' a
t;ochur e'OaP1'caftt;ach UlL aICs co 111'>enUm mmt;1l11' a 'Os.
mar(( t;OcUr 11emet; cr r1' ca rrccrch tilL mCI, no Cl'Ò t;ocu}' enrr-
1' Ca 1 1 t;Uch, 11)((1118 'Oem mmi': 'Oe, noco n
ulL nae ni 'Oí.]
TilE BOOK OF AICILL.
547
ca::.c, and she does gooù with it; but if it Le in!'eparable THE BOOK
property she has, or though it be separable property, unless AI
L.
she does good with it. ther!' is nothing clue to her but just
compensation.
If it was v. ith her consent the 'seùs ' of the family were
taken from her out<;ide, whether it was with her consent
or forcibly she had been carrieù out, it is safe not to
pay her anything iu the c
e; and compensation, and full
'clire '-fine, and full honor-price are to be paid to the family.
If it was by force she had been C8.lTied out, and by force
the' seds ' of the family had been taken from her outside,
then honor-price is to be paid to herself; and compensatiOll,
and full 'dire '-tine, and full honor-price (O'e to be paid to
the family.
If it was with her consent she had been carried out, and
Ly force the . seds' of the family were taken from her out-
side, compensation and' dire' -fine and honor-price are to be
paid to the family in the case; and half honor-price is to be
paid to het.self, if it is separable property she has, and does
good with it. If it be inseparable property she has, or
though it l)e separable property, unless she does good with
it, there is nothing due to her bZlt just COII!PCIl80tioll.
\ OL. III.
,,:!
APPE
DIX.
cf
C, 1 1b
[ 550 ]
APPENDIX.
ArPEXDIX.
Book of A icill, pages 85-86.
The following remarks as to the authorship of the original
Book of Aicill are given in C. 895.
110, coma'Õ e COl1mac "00 11en;h é U11e, ocu1' 50ma'Õ e
Cel1"Ofaela"O "00 be}1,'"o blun1'nU1
he 1-"1L1"Ouë
a fU1; ocur
"061)'m epeë
U1 p :
le
hbpet l1elq;I'O, fm;h EO U,
Copmac t1a CU111'O pO)'PIF;1I1 ; ,
111 let elle 1Ullmo
ha,
Cen"Ofaela'O mac Û,leUn.
Òa perlra 011'e5a t::l'a ce11"Ofaela"O mac Ûl1etta. 1(()l
11a r501
a'O 1)'111 ëa
h 11' an"O "00 plpJe "OU11 11O]'ca'Õ.
1 )
f I Pages 204-:!O.').
The substance of this article is thus given in C. 939, &c.
111 a 1'0 èU111'015 rí 111 bW-Ð, ocu!' tI1 t::uca"O '01, OCUl' "O a l 1
le111"O I)' e a fell po 50b 1m 111 m b1U7I an "Oro, oeur 11' é rai':
ull11a t::uea"D'01 CO
051tJU11'
el11mpl, COIl lp'Ol pe oeu]' e11ect(oI1I
I}' 111 lenum .1. "Oþne a adWl1; ocu]' Utrh5111 111"D
1f1, veul'
cuma1 'Of111e madw)l, ocu1' eOlbëe ocul' enectnl1n "Don
11111U1 .1. a}1, fui3 maphèa 111 161111 b l1ama 1'111 ; oCtJ]' 111((1' a}1
fcrë a ma)lbi:a map aen, In bf'n ocul' 111 lenp, I)' COIPP 7l1 1 'e
com1an 11l'Ðnb ul'l1f'n.
111 a1' ap 'OUt;:::I11 maJlbra In 'Oal'a 'Oe, I]' COI)lpt)1)le 11l'Ð1"7I("
oetl}' atd15111 np(Ole.
n1 a1' ap 'OUt5111 e1'ba, ocu]' 11' e e1'ha 1,0 bUt Utce a ben':'
Ica Ctmche .1. lei: COlpp'Olpe 1)'111 161lUm, OCtJr mdl;t;l11
111"D'C1}'1'Oe, OCU}' 1e
cuma1n 'Url11e maL'hal'. oeu]' Cot bt:e "OIC
L 5.') 1
APPENDIX.
"
I'I'I':!iDIX.
'Or, acco,.lli,l[j to othus, it was Cormac that made (C01Il-
poseá) the whole of it, and it was C'endfaeladh that put the
poet's glosse!'l upon it; and a proof thereof is :
Half the juùgmeut& of' Etgedh,' cause of fame,
Cormac, ::,'randsou of Coun, composed;
The other Half afterwards,
Cendfaeladh, son of Oilell.
Cendfaeladh, son uf Oilell, was indeed a remarkable per-
son. After he (i.e. his hwd) bad been split in the battle-,
it was then he composed the' Duil Roscadh,' i.e. the Boole
(
f ('mìl?UeIlÚtrie,".
If she asked for the 1'00<1. and it was nut giyen bel', and
methinks it was her husband that refused the fOOlI in this
case, and the reason why it was uot giyen hpr was that
abortion l1light be bruught about, body-fine, and hOllo,,-
price ,<<ltOll be [I(( i.t for the chillI, i.e. to the f
lmily of the father;
and compensatiun !"Iudl [If' P" it! for' her, and a 'cumhal' to
th!' family of the mother, amI a 'coibchc'-wedding-gift and
honor-price to the woman; that is, this was j,.!teu the food
'lCClI1 j'efll,"e" for the purpose llf killing the child only; and
if it was )'efu.'Ied fo.. the purpose vI' hilling both the woman
amI the child, it is full bQdy-filll' that .<<hall be 1''' id for each
uf them.
If it was for the purpm;p uf killing one of them, it (th
)IF/wlly) is bod:,'-fiup for her. and eOI1lpl'n
ation fur the
uther.
If it was for the purpose of s)lUli, and the sport she had
was to be at play with her,half'dirc'-fine is due for killing the
chi},}, and compensation to her, and half a 'cumhal' to the
family uf tìll' lIJothl"r. and a '(...ilJdu.'.-wedding gift ;" t(l hI:
j5:!
APPF'{DIX.
Al'PJ.xDlX. 1Hf 111 mnm, mnfn beo [I), Oeuf 111 [u] lei: pI\, In lenam
C . 1917 . po baí efho: (!1l'Dreln, Oell)' 'D(( maTI e'D, po bo erba ('ol((
clU1
he, oelll' l((n fI((dl an'D.
4 11 S't>,b
C.191;'. 111((1' ((1l 'DW;:;111
i'eeTIa[et:aJ no cr1ual'11O Eoba't> 1m HI
mb1((TI, If amUll In'Detblp rOl1ba 1m w
h5111 111'D; ell mal
'Dþne a
hap_ all'D. ellmal'Df!ne murhup, e01b....e 't>le pI)' In
mn<<1.
o lal1amllll'DU a'C(( 1'111, oetl\' m((1' 0 'DU111e ,wë lemamUI1'DU,
'I' l11an'D lIe oell)' l'en, al:r:,5al1 c01b(-(' 0 'DlIlIle 11(re11 lana-
mall'Da, Ua111 't>l1::;e't> 81'l((11 7pt.
C.191:3. nll1lla}1 ëU111'DIE l'ì 111 1)1{(l). oeul' '1' e rat a}1 l1ap ell111'DI
co t:05lllW)'t:tll lI1mpl .1. up rat 1llU11bra III lel1l1ln, .1. [11'
C01pp'Dlpe oeu)' el1ecle[1J11 lImrl 1)'111 lenab,] oellr a íe 1H'
fine e(t:ha11; DeliI' ellmal'Díc 118 fll1e mcrchef)l, oell)' cOI1>ë8
oell1' encclal1l1 'Da fl11 bll'DE'II1.
1n(()' ap'Dm
l1l erba, oell1' 't' e q'ba 11O bw mee, a bet
aea clll1ehe, OCI1)' 111 hp)'ba I let lH)' 111 If'lIam ml1r'l1. ,I.
lei; e01pp'DI)1e 1Im':l '1'111 lel]((m 'Dpl1e m:hap, oeu1' e01bë,
OClI}' lei; eumul 'DIe pe pl1C madw)1, oeu}' el1eclal1l1 'DU
1")1 bO'Deln. Oell\, 110e11a a ler 1111' \1l lena111 1\0 bUI a
e}'ba ((l1tl1"I1; oClIl' 'D<<11l(('D e'D llO ba't> f'}'ba cola clU1dl1
octlr leen r1((e11. .
1l1al' up 't>m;:;111 <:lml' 110 1]((lpe 11(( po c11tJ111'D151" 111
l', 1
1:3 b1(('D, [I)' ((111<<1l] II1'Dei'l>1p t:opha 1m al1:::I1;:::1I1; ellmul'Df11l8
((dIUll, ueu)' 1'eëL:ma'Ò eum((1le 'Dr'l1e mm::lw)1, oell)' eDlùëe
oeur el1eclul1l1 tludl1 'Da r'll bll'Deln : ump "'D1151'D erla1l1e
upfOepu,l'lan lIpfoepa no fOl1tJ15S".1. )'lal1 fllllfoCJ1a 1111 111
naLhell11l"01
, no fopel;:;e 1m 1fI 111 }'111.
I hl-i"9 {J,qnin, ""f" nil 111 1JnTl"'1I11)T1'
'. (If C, !'3!!, C', l
ll1\, f"I1'!_ ""11.
IJI(Jrhhllnm
.n
.UPEXDIX.
553
pfÛtl to the woman. if she survive.& And it wa,> not with ApPEJiDlX.
re,>pect to the chillI her sport took place b then; and if it a I r. Be
were, it would be a sport of foul play, and full fine 'Woulcllit'ing.
1 1 L' . t b Ir. Wi...
UP ( ue lor 1 .
If it was through penuriousness or niggardliness the food
was withheld, it is like UllIléCö,,::;aly
t a,> regards com-
pensation for it (the 'with/wlding); a cumhal is to be paid
tn the family of the father for it. It cumhal to the family of
the mother, and a' coibehe'-wp.l<1ing gift is to be pairl to
tlw woman.
Frolll a married Ulan this is d 11('; and if it be tILe case of
:t p
rson who is not married, it (tltefine) is the same, eJiCcept
that the 'coibche'-wedding gift is not ohtained from a person
wh" is not marrie<<l, for" 'eslan' requires '1L.(u'niIlY," &c.
If she did not ask for the food, amI the reason why she
cli<<lnot ask for it was that there might be abortion, i.e. for
tIll' purpose of killing the child, body-fine and honor-price
II,'P (luÆ from her for the child, and they are to be paid to
the titmily of the father; and a 'cumhal' is to be paid to
the family of the mother, and her' coibche'-wedding gift
and honor-price to her own husband.
If it was for sport, and the sport she had was to be at play
with h
r, and it was not sport with respect to the child, then
i.e. half body-fine is due from her for the child to the family
of the f..tther, and' coibche' -wedding gift, and half a' cumha!'
i,'! to he paid to the tiunily of the mother, and honor-price
to her own husband. And her sport was not in respect
of the child in this case; but if it were, it would be sport
of foul play, and tlLe1.e 'W{)uld be full fine fOl' it.
If it was through shyness or shame that she did not ask
for the food, it (the c"se) is like lHIDeee:;
:Jl'Y profit. with
respect to compensation; a' cumhal' i'l clue to the family
of the father, and one-seventh of a' cumhaI' to the family
fJf the mother, and' coibche'-wedding gift and honor-price
from her to her own husband; for" eslaine is entitled to ell/.. /.1...
warning, warning or proclamation is safö, i.e. warning is
safp with respect to the asking again, lor proclamatiun with
resppct to that thing."
,
I
'11/
:;54
APPENDIX.
.\I'PEXDIX.
Pa.ge,q
!)i-
.j=
.
B. Co 9ã2-
gives the following on the subject of the ball.
I, a Ie 'J...
ß7 bta tWLhp.o1'ûe toP,]; OCt1)' pott OCtl}' to's.
.1. lrt((l1 bm 'lJ011 n bumtlr 111 tWt;hl101'lJ 'lJa tU1P5 v
poLt l1a 1111 11 all a eo to:; l1a ;':;)111-'1'lJ!, JIO 0 t05 l1a :SPlfl'lJl eo
t05 lIa eom)1m1111 e, 110 111 poU ({ mt>1 eu pur::::l 111 tocc a
mbl.
11' tan 'lJO l1a macmb bera ltU1'lJlt)'1 a ctU1che co )10 lCa'lJ
fo'Oat '00 '01)le lW )lObach.
Rta1l 'lJûlb a pan ctU1c1l1 co po 1cern md15111 na 110bacn ;
a)l mc mt:;n5111a 111(( pobach Cl-D 1C((t'D l11a pan ct1l1Chl.
,,-1
SecnTIa'lJ ot;pura cO bar 1 llerpaë. Becht;ma'lJ Od1pUl'a
OCt1r cu'Opumur rect:;mI11'lJ tei': 'lJl)le l1a Cne1'lJe 1 t:;o)lba[c]
rech er ba ; act; EU.12ab a 110dl)1Ur 'lJO fO)1mart;ap. Celt)lP
1'e&mm'lJ nmdl:;:;I11U 1 cf'èrall 'De ta)l mbal' cm a't:ophai::
cm a llerh<<ì=.
11<< celtpe )'ec611U1'D \,111 pJ1t UC(l'lJ, L)u rpl:t:;mU1'lJ ap
r Cad1 '01)le al1'D, ocur reèt:;mu'lJ ap rcat;h l1U1Lhpl1a 1 ner-
ba[c] 'lJall bo
01t é. 110 1 l1erbac 'lJO lIa)1 110 t:;ot, no 111
t:;o)1baë ltO ma)lbaT1 ({I \'D.
mar a erba[c] 'lJa)1 bo t:;ot, ret't:;mu'lJ 'lJl)le 'lJ0 'lJut)1e tap
a)1 rcat:;h Lota comctU1che; reh;ma"O "Olpe veur l'eënllO"O
nU1t:;h;::11Ia fOP rep La11ne; rcct;ma'lJ "01116 rOll tuët:; 1116"0011
amchf'.
CPWII cot;a cai: Pl1 cot;ll1cfa'lJ 'lJl b a t;011merC 'lJO bet;
1-'0)1 l'etlach, cP1Jmodw cmt: pp tU111lC.
APPF.SDIX.
555
J\.PP.YDIJro
The exemption of the ball, hurlet, and hole, and place.
That is, I deem the pel'HOn exempt f1"07n liability whu
strikes the ball with his hurlet from the hurling hole to the
place of the ' grifid,' or from the place of the 'grifid' to the
place of the divi:>ion, or f;'om the hole in which it is, until
it reaches the place in which it usually is.
The little boys are exempt in their legitimate games
until they w'e of (I!Jf' to pay a share of' dire'-fine for their
assaults.
They are exempt in their fair games until they al'e of age tv
!)
pay compensation for their assaults;
they
pay com- >
'II' - . .
cfw pensation fortheirassaults
theypayfortheirt:'lirgames
) ""./ "t-
One-seventh of the jwirc of sick-maintenance till death is
}Jrâd for injll'ì'Y to an idler. One-seventh of sick-maintelllLllce
nnd a proportion eCIual to one-seventh of half' dire '-fine of
tl1P wound, (/1(' /}(Ûd for a protitahlf' workpr more than fi))"
an i.ller; 1mt on condition that it is in sick-maintenance'
the increase takes place, FOlu-sen>nths of compe'nsation
!/,'C ]luid for i nj lll'Y to either of tlH'm, :Iftcl' df'ath. whf'th!,l'
for a prufitahle worker or fo,. an i.ller,
Uf these four-sevenths which you have. three-sl'\'enth<;
:Ire j}(/id in lieu of' dire'-fine, and one-hevcnth in lieu of
1'00Upèllsation, for injui'Y to an idler who (lid of his own
fl'l'e will, or for:ln idler who did it not of his own will, or
fur a profitable worker who was kille(l in the cas!'.
If it \Va<; an idler, nnd of his own will, one-seventh of
. .lirf' '-tine is to he remitted a on ac('ount of his will to playa Ir, T" I"!/
tIll' :;!amc. , one-seventh of 'Ilire'-tinl', and Cllw-seventh offofl.f ,
"-' 9rOlJrl(.
I.tllllpensation arc to be paid by the man who actually in-
Hided the injury with his own hand;b 0 lid one-sC'n'nth oP Ir.lI'hlfi-
1 . ' dl >na..,
. .lirf"-tine upon t 1C mw e game party.
The thil,d of the sharf' of every lllan who coult! han' pre-
vented the i'fiju1'!J if; to Le upon the looker-oIl, except that
of the share of t1lf' ;letnal inflicter ,Jf the injury with his
own hand:
556
APPEXDIX.
ApPEXDIX 111 ar erbfl[ë] 1)0 nn)1 bo t;ol, 110 t;Ollba[c] 1)0 mapba'Õ an1),
rect:m<ro co lei; 1)0 1)1)1e, OCl!1' reCt;m(1) narchï;lIw fOP
ell Lcume.
Sect;m(1) co lei; 1)0 1)lpe
opluët; me1)on 111 clUlc11e;
t;)1WI1 cot;a cat; fl)1 co t;lc
a'Õ a mlpmerc
0}1 rellaè,
cel1moi;a CUlt; p)1lmme. CC]1 nk 'OO1b fOEal '00 'OIP8 11((
flob'Oach CI'Õ 1cfcnt; 111a )1U11)ler clUld1e.
CCn CU1)puma 1lO kfa1) 1\\a f1a11cltl1che 0 èwtHub WIt
Sic. nk 'OO1b mt;h5l1la 1na 1101)ach, 5U]1ab e1) 1cm'C 1na pU1'01el'
clUlche 1111101'a, W11 uk 1)01b
o
al '00 '0111e 111a 1wbÌ)ach.
JJo, 1)ono cena, co 1::11'1::((11' 1)0 11U1'Ole1' HUlche fOP a pml
ctUlche 1((1), OClll' cam((Ì) fwn clUlche 1)01 b cnë clUlche.
Pu.[Jes
iG-
77.
Un this sul
èct O'D. 694, has the following in addition.
"Dcrcb1p1t:1p111 1'lan fmlle oCll1' 111 rlan 11 arCI1e. 1re'Õ
11' 1' lal1
m Ue allll (( Iw'Õa 1)0; ((
1'0 foPt;, ap 1'e, C1'Õ 1'mll
1)0 né]1 IIn l1a ret;mb
11l (( l1a
pa o}1am. 1rreÌ) '1' 1'lall
c, 722 1]((1-Cl1e alln, t;pebm)1e 1)0 Eabml [1)0 fl)1 111 t:1
,] 1W pr
1)mnï;ne 110 (1)mllElIe 111 t;1
e.
111a'Õ 0111 1)fep pne
111 1'01]((1'0111 (( t;al1'1c, OCU1' 1'01che
1)é 1)W t;((ppaèt;mll. '1' u
rlall; 1)1l( mbe fOl1(11)m, 1l'le-c
alt:;S111.
111a'Õ 0111 'Ofep alnpl1e 5'11 fOI1Cl1'Õm, ocur f01che 'Oe 1)W
t;a11J1act;m 11 , '1' lei; Cl1Q;1I1; 1)1a mbp
011m'Õ111, '1' Wd15'11
::::111 PI'
01dlf' 7\P a1111rO 1)0 ceÍ't;a1l 7\P.
APPE
DlX.
55ï
If it wa.'- an idler who did not act of hib U\\ n wm, or a ArI'B
DIX.
profitable wQi"ker, that was killed in the case, one-seventh
and one-half' dire'-fine, with one-seventh of compensation,
arc i IìLposecl upun the actual inflictcr of the injury with his
own hand." aIr. 1I(lR,[-
One-seventh and ulle-Imlf of' dire'-tine w'e i1ll1Josc(l upon ,,,an.
the middle game party; one third of the share of each man
who could have prevented the ilìjUI'Y is illìpO RN l upon the
looker-on, except the share of the man who ha.<; inflicted
the injury with his pwn hand. After they have paid the
'dirc'-fine for their assaults, they pay for their legitimate
game."\!v> t')
The alllount which they wonl,l pay for their fIliI' game jUbt
mentionetl. after their payment of compensation for their
a>;sault, is what they f'hall pay for their legitimate game
now, after their payment of a division of 'dire'-fine for their
assault. Or else, accO/'dill!] to othC1"s, they would cume from
their te;itimatc C1\Hf\e to their fair game, and every game is
a fair game to them.
There is a differcnce bet" een the ('xemption from fines fm.
ne
kct, and the exemption on (ICCOlWt of charge. Exemption
from Ji IIf'R fOI. neglect means his saying-" Here is on thee,"
ays he; "whatever neglect -is eommitt erl with respect to
thc ' secls' is nut to Le claimcd from me." Exemption on
{I'>'>O/Illt of charge means, that the man of the house take
sccurity as to knowledge. on tl,C, P01't oj th" deposito I., of the
safe or un<;afe state of the hûuse.
If a loan be !/ieen to a 'fine' -lllan without a bond to return
it, and if the act of God overtakes it, there is perfect exemp-
tion for it; if there be a bond it is a calSc of half com pen-
!'atÍon.
If it be a loan to an 'anfine' -man without a bond, and if
thc act of God overtakes it, it is a rase of half compcn
-
tion; if there be a hond, it if, a CORC of compen
ation when
in this instance neither of them knows of the act of God.
t
55P.
APPEXDIX.
Arr""DlX. m((1) om 1)fe11 pne 'SIn rOIl((n)f)1 co fir fOlche '0011 rer
1101'bel}l, '1' let; ((1t;Ell1 fmr.; 1)1(( mbe
}lebml\e co r'l'
f01che, 11' Q1
hEln rC!1fl; ((1)(( pr '1' oSrl(m.
p((!lf'l
:!!)2-
9
t
f)'D.
()1O. has the toll owing on the same su
ject.
CIl( r01H(1la1) rLÚI1 rm 1)re}lt;mn? .,. rOp.111 fe}l ocul' rop
III mnaí, ocur rop, mlll1l11
111 111 i:!P, ocur 1'op 1l1t111111np Ill(
mnå, ocur rop a 1'CU,fl ù, mUlIa
((l1}lul' 1
ré111, OCU1' rOl
C((C ((ell ((P (( 1101Ch11l1l CIII 11lbleoEmll 1)((ccpa. OCl1r noë{(
al1l1t11' 1
p31tl U1!n 1'111, OCl1r 1)((
((!1pl1r. po ÙII1) lÚII ((
cne1'Õe CIIl r}ll
hml 1)íc pe 111llùleo:;lUlI.
Ùen 1'11t
1'1t\
111' II<< rm 1 rU11el-
1I re1'1 pe rea}l réltl,
ocur:s å r ll11 rmleë
1I rel'1 l1e r1}l elle. OCl1r 'Oá1l1(1) ben
. ((C(( 1lIbw'Õ 1'<<Ileë
t1 ref! t1e fI}l rén, ocur ((C na pl11 pe
reap <<ILe, ;S((è 111 II' }'lan '01 l1Wl' 111 mil' 'l'låll WIll' ((n
mil'.
PO[JC8 :!D4-!)25.
O'D. :Wll, adds the following on the subject of horses in
horse-fights.
11' r Lém tí),)l11)O lIa echmb 111
fter ech'Oa '00 mm; 1' 1U t:;
1nl1 na hechu e
a}l}lu bo'Oé1n; ocul' muca e
appu bo'Oeln a
comm
[1t;]1fJ a 'Oå pa'Om:; ap aen cae; ocur '1' rlan 'Oo,b a
fo]';la commt;èe1' a lI11e }le relt ocur pG ha}lbu}l OCU1'}l8
hmte'Õmb, ocu1' 11e hmJlbe'Õmb, cém berr me}lac
a ta
ha
ùcu1' (( nechma}l
a o}l}la; ocu1' Ó Jlachur 'Oib, '1' mé,c1I, no
pac 'DlI1mCmr;h1 oppa.
APPE
DIX.
55
If it be a loan to a 'tine' -man without a bond, the man ÅPPE'-DIX.
who takes it (thc loon) having knowledge of the act of God,
it is half compensation that is imposed upon him. If there
be security, with knowledge of the act of God, it is compen-
sation that it: im po,o>,cd upon him; if both had knowledge- of. Ir. T/.e
I t ..f G ( . . . I t . Anmrleóge
Inr tf,C oJ Ot, It IS a cuse of COUlp ete exemp IOn. C!fbotl..
On whol1l is it safe f(J/' hf51' to inflict this? That is, upon
the man and upon the woman, Rnd upon the people of the
man, and upon the people of the woman, and upon their
movables, if they themselves have not been taken, and upon
everyone on whom the liability of a kinsman comes to be
sued. And they themselves are not then taken; and if they
he taken, the full fine for his wounù witllOl1t retaliation i.'I
to be paid to the kinsUlau.
This is a
l WOlllflU who has nu expectation of cu-
;/ lkt,
)
habiting with her own huslmllll, hilt whu has expectatiun
of cohahiting with another man. Awl if she he a woman
who ha
expectation of cohabiting with ner own husband,
and has no expectation of cohabiting with another man, for
whatever she is exempt from, liability before the month, she
is exempt after the month.
I deem thl' horses exempt in the horse-battles which they
make between thl' horses, between themselves; and pigf\
Úm,ilarly, between themselves, with the consent of both
their owners, on the same way; and they are exempt as
regards neighbour trespasses ccnJl.mitted upon grass and corn
and stakes and palisades, while they arc under the e:\.cite-
ment of desire for the horse or the boar respectively; and
when it (the excitement) leaves them, it (tlte pen(llty) is sacks,
or the fine for man-trespass.
Al'l'E:S IIIX.
560
..\I'I'r;:'\ DI X.
jJ,frf CS
!JG-
ï.
O'D. 2011,
0l2, adds as follows on the sul
ect of a CRt
in a kitchen.
11' 1' lún "Oon cm:; 111 bwi) po Eebmi) ré '1' 111 chU11e 7'0
chmi:em, aër; napub q16 "OmnEen t:15e 110 lert:u'11 "00 bél'u
he; 1'la11 "Oó1'um é, ocu1' mi:'5111 ón d "Oal1 herba'Ò é u
c01mét:; no, 'rlún 1'0 mcne'Ò a fm1b. 111a1' a "OatnFen
n5 1 no le1't:U1r t:uCUl't:mll 111 catA; In bw'Ò, '1' b1i:'b11lc111 "00
rw;sml 1 lei: l111'1um; mT;S111 11W cÉt; ë1t1m"O, lei: pat: 1((
mt:S1n 111a Ch1tW1i) t:anu11'e, lún p((ë 1(( hmt:E11l '1'1n L)lq'
C1t1m'Ò. 130 '1' rlún "Oon chat; 1'05ml 1'1111' 11(( he1'q1eën! 1n
01"Oë1, tn"Oei:b1p1mul1rO ma'Ò 111ó.
Cat; c01T!mt:eë 1"11, OCtl1' "0(111)(("0 lie cat' 11(( cU11e bU"Oe111,
C1'Ò (( h'11(("O "Omn;sen, cm (( htn(1"O É"Oml1;se11 "00 bér(('Ò, rob
él 11C 'J'O b,t;hbmë, '1' 1n b,a"O, ump11' 1111' po hepbai) comét'
fl(( CU1 le.
. ArIJE
DIX.
561
AI'I'F.
)JIX.
The cat is exempt fl'01h liability for eating the food which
it finds in the kitchen, so that it is not through the fastness
of a house or of a vessel it brings it (the food); it (tile cat)
is exempt from, liability, but compensation is dl'(' ii'om the
person who was ordered to mind it; or, accon!i II:} to OtlW1.S,
he is exempt or not aeconling to the nature of his neglect.
If it was from the f
tness of a house the cat brought the
food, wickedness is the rule "ith re:,;pect to it (the cat);
cOInpensation for its fir-.;t crime, half-fine for its second
{'rimc, full fine with compensation for its third crime. Or.
((cc()/'(7i 11[J to othas, the cat is exempt f,'orn l irlbility in com-
mitting trespass against pet animals in the night, but it i:'l
unlawful to trcspa88 CI[Jainst them in the day.
This is i 'I'Þ the (((
a neighbour cat, but if it be
(' IiL rpvt
c of the kitchen it<:elf whether it took it (the food) from
a fastened place or a place not fastened, it (the cat) shall pay
for it (tlte tj'espusli) according to its wickedness. for thE'
guarding of the kitchpll had bp'
n entrusted to it.
OL, 11T.
20
INlJBX.
ABBACY:
right of succession to the, in an eightfold order, 73, et seg.
ignorant and deformed persons unqualified for the, 74 n.
of a 'cill' -church, succession to the, how regulated, ï ï, 79.
appointment to the, ",hen to be determined by lot, 79.
o\.BBOT:
proper work-service to be rendered to the, 23.
every monastic tribc to be according to the, 37.
the, to have powE-r over the vice-abbot, 37.
regulations as to the person who has a right to be an, 73.
et seq.
.\BDUCTIOY:
effect of, upon the husband, children. and family of the \\ oman
abducted, 403.
of women '\\ithout leave, or by force, 54 l.
the children of the abducted woman belong to the mother's
family, and may be sold by them, ibid.
the father bound to buy such children if to he sold, ibid.,. and
if he gets them gratis, to educate them, 543.
rules as to property of women abducted, ibid., 345.
ACQUISITIOY OF LAXD: by a father, gi,es a right to be maintained
by his son, 65.
. ADALTRAcH'-WmIAY :
probable meaning of the term, 396 n.
rules as to the respective portions of the sons and hUf;band
of an, 401.
ADAM::
'eitged' of' eitgeds' committed by. .!)
.
consent of, to Lucifer and Eve, ibid.
ADAM YAK : 'cain'.law of, referred to, 323, 325.
, ADHBACH': a fundamental diseaqe in horses. i.
ADULTRESSES :
the children of, lliay not be given to the church, 39.
.\EYACH'-IXJGR\: 346 n., 347.
.\EXGUS GABH\:'AIDECR:
otherwise named, 82 n.
avenging a family quarrel in Luidhne. S3.
motin' of, in coming to Temhair, ibid.
l-ills Cellach, SOil of Cormac, il,i,{
hlinds thp ('.'-1' of Corm;)!'. ;/,; I.
\ l'l.. III.
II :!
564
T'\DEX.
.\ICELL:
daughter of Coirpre and Feidleim, f:5.
In-eak,, ]1er heart lamenting the death of her Lrothcr Erc, ibid,
sai(1 also to han> heen the wife of Ere, I',on of Coil1)l"e, and
to han> dicd of grief for her husband, ibid.
.
\. ICILL :
situation and mooeru name of, 8j II.
the' \Jook of, 83.
time of composition of. ibid,
,mthor of, ibid.
cause of composition of, -ibid,
Dinwsenchus of, quotation from, 8-1 11., f'3.
could he seen from Temhair (Tam), 8:).
Temhair could not be becn from, ibid.
origin of the name, ibid,
'.\IDBRED'.IYJCR\: 34Gn., 34;.
\IRCHIXKECH' :
the, of a · ciH '-church not 1ialJle for supplying food. or for
a kinsman, 113.
. smacht'-fine for the maim of every, 475.
. AIRE-ARD '-CIIIEF :
gift of an, to a church, 43.
four . cumhals' allowed for the m!IÍm of ('very, and of every
one who is higher, 4i5. . .
, .\IRE-DESA '-CHIEF:
gift, of an, to a church, 4
,
has the status of two · boairc' chiefs, 1.13.
fom. 'cumha1s' al10werl for t1w maim of evcr,\-, 17;).
. \IRE-EC'HTA.: see CILUIPIOX,
, .\IRE-FORGILL '-CHIEF:
gift of an, to a church, 43.
four · cumhnJs' allowed for the maim of ('very. 475.
, AIRE-TUISI '-CHIEF:
gift of an, to a chureh, 43.
four' cumha1s' al1o'Wed for the maim of every, 475.
, .\IRER '-FINE: exacted for the foul ]ump-lJlow, 537.
ALE: supper with, 2], 23.
ALE-HoUSE: exemption of a fool in an, ]99,
01-3.
.\LMB: one of three things which prevent the worthlessness of thp
world, 13, 15.
.\MAIRGIX }lAc AlIIALGAW: 150 n,
\XDIALS :
exemption as regards, thro",ing up clods, 263.
exemption of, as regards snatchecl fooci,
63.
, AXDOIT '-CHUEcn: pr
' A
"olT ',cHn;cH.
, .-bnwIT '-CHt"RCII :
J"PfpITPd to. 1,1,
1:\ VE!\..
()3
, AxxolT '-CHIJRCl1 -coutimuxl.
to be in its proper right, 3ï,
explanation of the term, G3 n.
relations of the, to othcr churches ill rc"þcct of a share of Ii
man's' eendathe,' nr 'cennaighe '-goods, 65, 6;,
rules as to succession in an, ï3.
right of an, to the ahbaey in the fourth order, ibid,
entitled to notice in e:lse of unjust killing, 2Ð9.
. .\.XRAITH '-POET: meaning of the term, 4-t6 n.
AXTIQGITIES : History and, of Tara Hill, by Petrie, referred to, 82 n.
AxvlL: and sledge, f'"\':emption of, 18;.
AR'IS: exemption as regard;;, in battIf', 279, 281.
'AlmA' and' AXAlmA': term:i e>.plailled, 150 n.
ART or PROFESSIOX: power of making bequests out of land
acquired h
the e"\':ereise of an. 49. :i1,
AUT CORB: son of SoraI', 83.
_\TT\CI\:: three services of. 23.
.\1'TACI\:S:
three, in which people are not lialJle to penalty for lliJUrlP>i
done, 28;. 289.
C'>.emption as regards a territory in thref', 2 R ï, 289.
A TTEXDAXCE: allowance for, in ea.
es of wounds, according to the
mnk of the parties. 4ï3, et seg.
ATTEXDAXT: the, boun(l to gi,-e notice of putting the fork into tIle
caldron, 26 ï.
.\TTEXDAXTS: punishalJle for not guarding persons of dignity, 511.
.\UTL'lIX: a time to which loans were madf', 493.
.\
E: exemption of a sl'rvant as regards injuries done by an. 2ï3.
BALL: eXf'mption as regards the, in hurling. 2;)3.
I
ALLS: juggling, :!R;.
. ßAX.APADH '-PROCLA1IATIOX: GO n., 61.
Bo\SK: exemption of a ff'ITy-boat, fI'om bank to, 209. 211.
RAXQL'ETS :
given by tenants to chif'f.-:, 19.
three kinds of, ibid.
the Godly banl{uet, ibid,
tllf' human banquet, ibid.
chiefs hound to levy, 21.
dcmon fcast or iJ:wquet, 2.3.
lhPTIS11: the people have a right to fl'om the church, 3
.
BAPTIS1IAL REFECTION: 19.
BATTLE:
exemption as regards arms in, 279.
rel!ulations a.<; to a mall "oumlf'rl 011. vr brought into. the field
lIf, 29;, et seg.
R\TTIE-FIJ;U): in wh:lt (':1<;(-,' it i
la\\ful tlo t.II-f":-' d
'fro:1l a.
1!J,
.ì li r.
l:-.nF\:.
BL\RD :
BEASTS:
of men, . eric '-!ine to be paid for bhaviug bare the, 333,
fines for stealing or USlllg. in certain cases of partnpr-
ship, 145, 147.
TIED:
fines for giving a, to a criminal, 40Ð, 411.
rules as to honor-price in resl)l'ct of a. in eases of Rtealing
from a house, 459, 461.
BEER: the feast of drinking, :H.
BEEs:
:I finding share due for, 431.
rules as to l'pualties fOl' injuries to and b
, 433.
the fine for injury done by or to, varied according to the 8fafw
of the 0\\ ner amI the pm sons injured, 433.
how the offcnding, are to be ascmtained in ærtain cases, 439,
. 13ERLA'-LAW: refened to, 77. 224 n.,
:ï,
, BERLA'-speeclt: 535.
. P,ESC
A': 'COl'US,' 2 71,
otherwise named, ibid.
said to be the 5th Book ofthl' 'Rpnchus 1\101',' ibid.
sallle as Customary Law, 3.
derivation of the \\ ord 'corus,' :l.
. BESCX-\'-LAW: 2,).
nl
uoP :
opposition to a, on a hm of meeting, compensation for, 409.
hice se,en 'eumhab' allowpd for the maim of every, 475.
I
J.\DE OF GOI,D: R daughter has a right to her mother's, 40!'í,
I :L1XD JIAN: a, shall not be a chief or leadel', 76 1
.
.I;I.OOD: shÛll in :mger, valued at a fourth of bonor-price. 337.
IkoOD-SHEDDIXG l;P :
meaning of the term, 138 n.
rules as to penalties for, 139.
1::"OOD-SHEDDIXG DOWX:
meaning of tIl!' term, 13811.
rules as to penalties for, 1:19.
. HO--l.IlU;'-CHIEF :
gift of a, to :t
hU\"Ch, 43.
when lawful for the, to make bequests, 49,
persons entitled to the honor-price of the middle, 143.
why palties arc not entitled to the honor-price of the best. 143.
three' eumhals ' allowed for the maim of ever}, 47:J.
:I I)hYbician's share from HI('. for varion"! wounds, .177,
BOARDS: fine for Rtealing, 14fJ.
HOASTIYG :
of having committed a crime, rules as to pena I tip!'. for. 1 mI. Ill.
through folly, when safl', ibid.
1m hitnal. a mitigation of pl'nnity. 113,
r"("
11l'nf". ofttl" :v't pf. tnl,f'1I illt.. :1< ('(I 11nl. il,i,'.
1:\ DY.X.
567
BOAT:
exemption of II. ferry-boat frolll bank to bank, :!U9, 21 L
rules as to penalties for stealing or injuring a, 211, 214.
skilled boatmen not respon...ible for injury to a. if asked to
enter it, ibid.
e:\.emption as regards a, in rowing or
wamping,
51,
nOILI
G: e>..emption as regards II. caldron in, 26;.
ßO
D-l1AID :
exemption of a, as regards the kneading-trough,
75.
and her working utensils in general, 2;,.
BOXE-BREAKIXG: fine for, 355,
BOOK:
of Aicill, 83,
a, referred to as authority in certain casell, 8
. 10.1, 307, 315,
329, 533.
a paper, 89.
Bo\\L'3 : to be given in part pa)lllent of finps and debts, 153.
HOYXE: 'iumais' -nuts of the land of the, 51,
BREJlOX :
Code; glossed as the Xew Testament, 33,
notice of a waif of the land to be sent to the, ii3.
the, responsible for malicious and false judgments, 30
.
litigants proceed to a. to ascertain the rule of law, ,Hi,
I:nE\\Y: every, or person under ohligation of hospitality, must
have roads tD his house, 113,
BRIDLES:
part of a ' :::iaescuir '-offering,
3.
to be given in part pa
ment of fine.. and debts, 153.
BRoxzE :
forfeited, if found in a smith's forgf', 191.
not, if in a gohhmith'" fOI1::(e. 193,
BRoocn:
exemption as regards the, on the shoulder of men, 291.
or on the bosom of women, ilrid.
BUFFooxs : LaUlluet
iven to, a deilloll fi>a.'it, 25,
llt.m.DlXGS :
mlC's as to notice and warnin
to be given 111 the construc-
tion of, 167 et seg.
as to fines for injuries done to human bein
s and animllis
in connexion with the erection of, ibid.
Bl"LL: tripartite division of the, ::\71.
Bl"LLS :
exemption of, in time of bulling, 231, et seg.
regulations as to injuries by and to, 233, et 81'q.
tin/' for driving, if the propprty of nobles, 235.
of ehiefs. ,ibid.
..f fC'ini !Jl"r!<]C", :!
i,
j6ð
I
DEX.
lk RIAL: in the church, right of Ill(' peolJle to, 33,
BURSIXG: laml, fine fOl', }4-9,
('AE CI
}IATIIAm; king of 1\Iunstf'r. Hi 1 II.
CAIS AlGILLXE: referred to, 371.
C.Uy BOlLlL'CHTA: llO n., llI.
CAlX FnTHRIBE: or Fuithrime, referred to, (ii, 1.''iO 11., 151.
'CAly'-LAW: 15,19,23,23,43,71, &c., &c.
a church may obtain, by fasting, 71.
CAlX PATRAIC: 15],323,325.
. CAIRDE'-L\W: ]5, ]9, 23, &c., &c.
time for proclaiming and ratifying. 133, 135.
mutual obligations of king and people in respect of making,
133, 13.J.
lllay be dissolved h.'" a battle. 21 'i.
CAlRBRE: see C'OlRPRI.
('AlRIDH 1\lAc F.:sxcHAnl: knf'lt to Pntrick. next aflf'r Core, 29.
CALF:
every firf>t, due to the churcll, 35.
what to he considered a<; the fir::;t, 41.
every, valued at two 'screpal1s' the day it is calved, 371.
CASOS: questions of the, more numerous than itself, 33.
CAPTIVE:
when a, may be killed, 4S;").
J'ules as to the treatment of a, 485.
penalty for neglect in not guarding n. l!19. !Ion.
rules as t,) fpttering n, olan, 500.
, CARBAT AU DIn.DIII' :
meaning of tllt' term. H:! ii,
relations of the, to the' FoltaclJ-fuitlll'ime', 143, ct se'J.
('AUI'ESTR\ : eX('llil'tion in case of a chip in, 227,
CAlmYISG OFF r:'IH:R emll'AfT: J'pgulations as to. 487, cl Beg.
('ASHr.I.: Eoganacht of,
H.
CAT:
the exemption as regal'd.::; It, in It kitchen, 296 n., 297.
in mousing, 297.
'CATHAIR'-FORT: exemption as n
gards hurling the baU on the
gTPen of the chief, 253. -
CATTLE:
on a hill, exemption as regal'ds, 297.
living laceration of, penalties for, 357, et Bel).
nIle of Dianceeht, the fati'-judging, on the su
iect of, 358.
CArLDltO
:
exemption as regards a, in boiling, 267.
notice of putting thp fork into tl1f', to be given by the attend-
ant. ihid.
EDEX.
569
I '_Ü'SE\\AYS: dirt) ing of, a tre8{Jass, i(j n.
. CETßAR-AIRD': teMn explainf'd, 126 7/.
I 'ELUCH :
Ron of Connae, abduct., the daughter of Sorar, 83.
killed by Aengus Gabhuaidf'ch, ihid.
. ('F
JJATHE'-GOODS: see '('E
YAIGHTHF. '-GOODS.
, l'EYXAIGHTHE'-GOODS :
meaning of the term, 28 n.
referred to, 29, 69.
one third of a mau's, due to tI,l' church, 33.
right of a 'Compairche'-chure 1 , to a portion of, 6i.
when belon/ring to a man's ori!!Ïllil,l church, 73.
I 'f:XYFAELADH:
part of, in the Book of Aicill,
,j,
place where his part '\a8 composed. Ri,
son of Ailell or Oil!>]], 87.
,\oundf'd in battle of Maghr,tth, Poi
cured at Tuam Dreeain, I"!),
great po'\er of, in learnin,!!; hy heart, ::\9.
puts a thread of poetry rOlllld what he heard in the three
schools of learning. 89.
wrote on slates and tablets. and in a paper book, 89.
part of, in the Book of Aicill, begins, 297 n.
('UALK-BOOK: 88 Il.
( 'II -\ 'IPIO'II : an a'enger of family quarrels, 83 n.
( 'IB,RIOT : exemption a<; regards a, in a fair, 2fì:'í,
I 'If \TTELS: rules as to claim!. for findin!{ ami
ecuring, whether
aliye or dead, 431. 4-:13.
('HICKEX: of a hf'll. ynlue of. how estimated, :
IH.
I 'IIIEFS :
entitled to redemption of their pledg-es. :!.;,
remo' e foul weatht'r, ihid.
( 'HIEFTADiS: Rhall not cume again-;t 1;he church, il.
I 'HILDREY: may be soltl in Rome caRes, 4-03. .;41, 54-:t
I 'HIP: exemption as l.egards injury done by a, in carpentry, 227.
( 'URIST)IAS :
a solemn festival, 1!J,
a woman liable to a tine for eating food prepared for, :!Oì.
a time to which loans were made, 493,
l'HCRCH :
harmony of the, with the people, 33.
rights of the people from the, ibid.
right<; of the, from the people, ibid,
I'Î'!ht of the people to burial in the. i[,id,
570
INDEX.
CHURCH-COJlti,uu!(L
purity benefits the, 35,
every grant to be made to the. ael'OI'ding to a pl'l'bOn':>
dignity, 43.
land given to a, for maintainillg a lHan, to what extent for-
feited, 53.
penalty for removing a son frolll a, í I ,
rules as to removing a son from one to anothcr, 71, 73.
the, of the tribe the patron saint, right of to the abbacy.
73,75.
the tribe to whom the land belongs, right ofto the abbacy of a,
ibid.
. Annoit'-, 15,
1ï, G5, 6i, í.J.
'Cill'-, 71, 75, 77, 79, 113.
'Compairclle'-, 66 'll., 67, 74- n.. 75,
. Dalta' -, 75.
. CILL'-CHURCH:
the removal of a son from It, incurs fOlfeiture to the church, 71.
penalty for such remm"al varied accordillg as it was a noble
or an humble church, ibid.
\\heu a member of a, may succeed to a vacant abbacy, 75.
rules as to claims to the headship of a, 77.
in what order a pilgrim may l
cllme lwad of a, ibid.
a, of monks, rnlcs as to the succes"ion to the ahbacy of, 7
.
. Airchinnechs' of a, e'u'mpt from certain liabilities, 113,
(:LOOS: exemption of auimals as regards throwing up, :!G:!,
<<'LOTH: tIle tartan of a mother, a daughter's right to. 405,
UOAL: e:xpmption M regards a, :!G;í,
. COIBCHE '-\\EDDJXG-GIFT:
rules as to a father's claims to the, of a daughter, 315, 317.
how fin the head of the family is cntitled to It "hare of the. 317.
effect of acæpting 1\. bj an abducted woman. .í4
, 545.
('OIRPRI (or UOJRPRE) LIl'EL'lUIlt :
son and successor of ('ormac, 82 n.
Book of Aicill composed ill the time of, 83.
('onsultcd his father, Cormae, in difficult cases, 83.
remark asc1Ìbed to, in defending his foster-hrothel', Lughaidlt.
son of the King of ('onnallght. 532 11.
COLG.\X: Tria,; Thaulll, referred to, 14 n.
COLLISION: of horsemen, rules as to injuries CtlUSeu bj, 253, et llllJ.
('OMBATA
T: exemption of a, from one dü
' to another, or to the
end of a week. 215. et Beg.
('OMB-BAGS: 291.
. CmIRARBAS ' :
what, entitled to make
ifts or ;.:rams, -1:1, 45, 47. -1
.
thrpf>. whose contracts :u'e not equally free. 4 i.
in \\ hat c:\<:e!': laJl\
llU\
\", giycn away \',\. 17.
I '\DF\.
71
, CmlPAIRCHE '-CHURCH:
p\'OLable meaning of the term, (j(j II, .! 11.
ri
ht of a, to a part of a man.s 'cennaighe' -goods, 6.,
to the succCJ:.sion to an abbae), í3.
CO.YPE:'\SATIOX: (. aithgin') general meanin!! of th(' rei m. 119 II.
('O'IPGLSORY HOSPITALITY:
persons who are exempt from, 113. 115.
,-arious legulations as to. 113, 115.
('OXALL CERXACH:
chief of the heroes of the Red 13ranch in Ulster. in the first
century of the ChrÜ,tÏan era, K3 1.,
slays Erc, the son uf Coirpre, 83.
l")XC!::-\LMEYT:
of the body of a person killed, rules as w penalties for, accord-
ing to the status of the patiie<; conc<,rned, 99. et Beg.
ii'um the physician, 4ï4- n., 4j:J.
I 'nXFLlCT: exemption as to an edged 'H'al'on in a.
:J.. :!39, 241.
( 'OXG \L CLAEY: King of T'ladh, defeated by thl' monarch
Domhnall, 8 ï n.
. CmWmL\lL' : probaMe meaning of the term, 21 It.
I 'OXL\ECU : combat of. "ith his father, (
uchulainn. 9
11" 9:;,
( 'üXSEQl'E:'\CFS: after, of wounds, 533.
COXTIUCTS :
p"\:prcss, 01. yerhal. ho\\ one is bound by. ;:1.,
importance of oLserying. 3.
tlf two sane aùult
, rules as to, 3. 9,
Jrauds in, law as to. 3, 5.
three yalid, ;).
wherein there i" Ilefect in the su
kct-matter. .-..
\\ herein there i:; disease in the animals \\ hich al'(
the suLject-
mattcr thereof, ï.
\\ hidl are not binding" ithout the authorit) of tllC chief or
guarùian of the partÌps, 11.
of the . fuidhir '-tenants of a chief. ibid.
"I' tllP 'daer' -stock tenants of cÍmrch l.mds. ibÙ1.
tlf fugitiyes from a trihe, ilrirl.
of son!'. ibid.
.,f women, ibid.
..f i,liotf>, ibÙt.
{,!" dotards, ibid.
.,f fools, ibid.
I.f persons without sense. ibid.
uf madmen, 11.
lIIade valid by su!",equellt adoption, ibid.
, ne
(''lla; not dissolwd by a hattIe,
1 ï.
('OPPFP.: proportion of, to he' !!i, pn in P,I\ ll1élit f"I' jinPH "nd
.1C'ht". I:; 1. ] :i:
5ï:!
l:-;DEX.
CORe: 1:>011 of Lughaidh, fin;t \\ ho knelt to Patri..l, at 1",mhair, 29,
CORMAC:
fiuthOl' of the Book of Aicill, 84.
blinLleLl uf an eye by Aenp11s GnùhuaiJcch. t\4,
ornamental slJear of, Rt.
retired to Aicill, 8-1.
part of. in the Book of Aieill, how known, 8:í.
consulted by his son in difficult cases, ibid.
CORY: exemption as regarùs, in a llaggard, 285.
Conus BEsexA, OR f'rsT01IARY LAW: 3.
othen\ ise called, 2 n.
said to form book fifth of the ..
enchus }\[or," 2 n.
Com;s FEIXE:
one of the three' corm, .-rf'gulations of a territOl'Y. I,.
eXI)laincd, ,ibid.
('ORes FINE:
one of the three 'corus'-regulations of a territory. 1,.
lands divided according to, 17,19.
four manslaughters melltioned in the. refPlTed to, (j
'.
('ORl-S FLATHA :
onc of the three' COl.US '-ref.'1l1ation>; of a ten'itory. I,.
explauatioll of the law, 19.
. CORes '-RE(WLATIOXS: how many in a territory. I"
CORes Tl:A1TIlE:
c!flsses governed by, n, I,.
contains the tIll'pe 'COl.llS '-regulations of a territor
-, 1,.
COL'UT: expmption in the case of a, and of an assembly,
-H.
Cow:
exemptioll of a mil,'h, during her íÏrst milk, 229. 231.
two screpalls to be gÙen for the beef of a, 329.
'1. to ùe 1'1tid for the white-blow. or for shaHug wit.hout
making IJare. 3,>:1.
tripartite division of the, 3,1,
Cow!:':
mlue of, estimated, ill respect of gifts to a church, 43,
two, to be paid for the hnnp-hlm\, or for shaving bare, 353.
IlCIw many to IJe gÏ\ en as the physician's share, in case of
certain wounùs, from kings anù persons of different
ranks, 4i5, et Beg.
CUAKK: e"emption as regards the, in gl'inding. :!
',j
CUEDAN-HEAD: 86 11.
CRUIE :
four things sustaiu, 93.
of one man, when upon:L host, and of :l ho!;t npon one man,
] U;, Ilí,
IDl!tulllliabilities of lender and host in respl'C't of: l1:í, 11 í.
I
DEX.
5ï3
['R UJ.E-co,tlill 111'''_
regulatiows a8 to, "hen it is IIOt known by whom cOIDlllitted,
11 ï, 119, 12l.
,Iifference as to penalty for, according to tile' pre\ alencc of
'cain' or 'eainle '-law, 121.
.., cry. tû the criminal. 3-13, et $tq_
( 'TIDlYS :
l,f necei>sity and non-necessity. various rules as to penaltieð
for, liÜ. .
body and soul defiled by corumitting, 97,
'Cm III '-L-\XD: of n woman, ho\\ much of she may gi'\e away, and
for "hat purposes, 49.
over how much of, the tribe has
power, ibid,
( 'ITIII-L.\lXX :
-l 7l.
Erc slain in re\ enge for, 85.
combat of, with his son, whom he sla)'1:! inadvertently, 94 n., 95.
pa) s eric-tine to Conor, King of Uladh, 94 n.
( 'tTKOLD :
right of a, to his repuwd son, 311. 313, 315.
rq..'l11ations as to fosterage of a reputed Svll by a, :31 1, 313, 315.
. CL L\IlID': term explained, 126 n.
. ('l'L-nXE ' : an artificial subdivision of a family. 488 n., tR9.
. Cl:\IlL\J: : meaning of th(' term, 98 n.
1'0111 \ LS :
thit'ty-three. the largC!>t tine for trespas<; mentioned in the
law, ïï n.
how many to he allowed for a death-maim, to persollR of various
ranks, 4ïj.
Cu's: three-cornercd, to he gi'\en in part payment for fines and
debts, 1fi3.
('CRREXTS: rules as to propel1) cast up b). salt or fresh water,
4:.!ï, 42
n., 429.
CCST01L\RY LAW:
. Corus Bescna' translated hv ihe tel'Ill, 3.
how people are hound in, 15'-
D'AcHERY: quotation from, as to rnle about the cat, 296 fl.
'n \ER '-1[AN: of a' daer '-man, penalty on the, for concf'aling
the body in a case of homicide, 105.
. D.\I:R '-WORKlIAY: the physician's share from a, 4ï7,
. P \ rR '-STOCK TEYAYCY :
('ontracts of tenants in, not binding" ithout Cûllllent of ebief!l
and guardians, 11.
change to, from saer-stoek ten"ncy, f\ï,
DAIRE LCRAI'l :
CeDnfaehdh's part of the Book of .\ieill COIllpoeN! at. 87.
situation and modf'rIl nRmf' of. f\ï II.
574
l:-'-JJEX.
. DALTA '-CHCRCH: entitled to the abbacy in the fifth place, 7:;.
DAGGHTERS: right of, to the property of the mother, 40!í.
DEARTH: a, constitutes great uecessity, 5l.
DEATH-MAIM:
meaning of tIlt' term, 139 11.
number of 'cumhals' to be allowcll in Ca1:>CS of, according t<>
the rank of the parties, 475.
DEBTORS: penaHies incurred by, for ,..jolating contrActs made for
them, 513, ef seq.
DEEns: and debts, of parties. pstimatf'd according to tll1.c!'
dements. 337.
DEER:
rules as to injuries caused by, 449, Ff Reg,
penalties for cl1!'dtiug a dog from its, !'i29, et 8",/.
DEER JUDGMEXTS: ,,,hat is lawfu] in, 449, et seq.
DEFENDAXT: every, ]ms his choice, 479, 4Rl.
DEFOR'fED PERSONS: unqualified to be nbbots, 74 11,
, DEILGNIUCH': It fundamental disease in horses, 7.
DEMOY FEAST: what constitutes a, 25.
DENIAL AFTER ACKXOWLEDGYEXT: fin!' fOl., 109, 11 L
DESERTIONS: from a church. w]JCn necessar) and la" ful, 65.
DeSIRE:
exemption as rpgards the gratification of, 205, 207.
glands of. penalty for cutting off the, 3.'j!'i.
DIFFEREKCE: (logica]) found for species of 'Eitged,' 9,.
DIAYCECHT: the fair-judf-rÏug, rule established by, 36
.
DIGYIFlED PERSON: every, to have direction, 37.
DIGYITARY: every, to have his demand, 35.
DIGNITY: penalties incurred 1Iy nttendants for not
nrdill
persons of, 511.
. DIRE '-FINE:
for stealing from a house, difficult to estimate. 459, 461.
eleven honor-prices contained in it, 4.'jfl.
DISEASES: in horses, namc,'! of, 6 n., 7.
DISTAFFS: may be used hy women in II fight., 291.
DOG:
the mad, curious remark as to, 273.
a, of three deerls, 340 n., 341.
fine on different kinds of cattle for killing a. 341. 3! 3.
the' anaithne' dog, to have eye caps, 417.
the' anfaitigh '-dog to have a kennel, ibid.
the cTouching, to be fined, iM".
thp , minaigh .-rlo
to hI' Jl\\II'ZIe<1. ;I>ÙI.
I
DEX.
575
DOG-con tiltl"ed.
nlles as to fines for setting on a, 519, et Beg.
penalties for checking It, from its deer, 529, et Bf'{.
))oos:
exemption of, in dog-fights. 193.
various regulations as to, 193, et Beq.
what is lawful respE'cting different sorts of, 411, et Beq.
threE', checked so that they do not commit trespBBB, 415, et Be<}.
rE'gulatiolJs as to tying, 417, 4H).
the, of thE' chieftain grades, at what time let loose, and at
what time tied, 4,1 9. -
the, of the' Feini'-grades, when let loose and when tied, ibid.
why the time was different, -121.
f'xf'mption for, varied according to the person with whom the
'
were, ibid.
DO.\lHKAL ;
son of Aedh, SOil of Ainnrire, 87,87 n.
dl'feats Congal Claen, King of Uladh, 89.
DOTARDS:
contracts of, void, if made without consent of guardians, II, 13.
DtTBHTHACH MAC U A LUGAIR :
E'xhibited the law of naturE' to Patrick,
!I.
first spoke the judgments of the men of Erin, 31.
first rose up before Patrick at Ten1hair, and gave him honorahlf'
respect, 31.
showed Patrick things in thl' law of nature which do not
come into the law of the letter, or written law, 31.
. DUN .-FORT BUILDIXG :
to assist in, part of the work-senice due to a chief, 23.
privileges in respect of. 24-3,
DUTIES:
of members, to chief, church, and tribe. 2ï.
of a people to their Icing, 27.
of king amI people to a church and its members 1ll their
several orders, 27.
of different orders to their superiors, ihÙl.
mutual, of tribe and tribesmen, 55.
of a son tú his parents, 55.
EAR: fines for injuring the. 349. 351.
EASTER:
a woman liable to fine for eating food prepared for. 207.
fine for not returning a loan at, 493.
EDGED \V EAPOY ;
exemption as to an, in a conflict, 237.
rules as to injuries done with an, in a combat, 237, et .eq.
EDUCATION: of a ho). by a church. regulations as to the, 71, 73.
.1 it)
lXDEX.
EGGs: measurement hy, 3:
j.
, EITGED ' :
conjectural derivations of tbe word, from Hebrew, Greek.
Latin, and Irish, 8!).
probable meaning of the term, 8t1 n.
judgments of, another namc for the Book of Aicill, 88 II.
Book of the, another name for tbe same, 88 n.
several kinds of, considerpd and exemplified, 91, 93.
common. proper. and peculiar explanation of the word, 9!í.
composition of the word,
pcculations as to tbe, 95, 97.
specie& and g(c'nera of, ibid.
'EIRIC'-FI1ì'ES: thrce are couTI&ellcd, 537.
'ESUDHA' Olt 'EOXt:DIIA '-PU;DGE:
probable meaning of, 61 n.
suggested derivations of the term. G
.
EOGANACHT: of Cnshel, :!9.
EPILEPTIC Lt:XATIC: fines fOl' leaving- <tn. unguarded, 50ï. 509.
Enc:
SOil of Coirpri. slain by Conall Uernach, t;.3.
AiciB, sister, or \\ ife of, <lies of a broken heart, ibid.
. EnEYACU '-STATE: every one to be receivl'd into. in his proper
place, 37.
. EREYACHY': every, t{) hI' al'curding to IH'rl'llit.wy rights. ibid.
ERIXY: 31. <<c., &c.
. Escup '-\ ESSEL. 4:!6 n., 4
ï.
I'
\'ADIXG VERBAL EXGAGI')ICXTS: rules as to penilltjps for. 391. 3!1:>.
g
AcTIOX: forced. rul{'s as to a, 487, el 8eq.
l
XE}[Pl'IOX :
(' Blai.') a mark of Cormac's part in the Book of Aicill, 85.
of a servant, ill the pelformallct' of his sen-ice. 167. el sr'l..
174- n.
a:; regards It horsl' in a fair, 181, H<;1. I i<:i.
of sledge and an'\-il, l
ï. If\9, 191.
of dogs in dog fights, 1!J3, 19,:;, 197.
of a fool in an alehouse, 199, :!Ol, 20:.;.
ItS reganls mineral in a mine, :!03, 205
lIS regards tIle
ratification of desire, :W;'. :!IJï.
of a fool ill thro\\ ing, 207, :!09.
in rcspect of It fprry-bo<\t fl'Om bank to banl, :!09. 211.
in respect of tilling a ladle, :]13. 21;;.
of a combatant from on!' day to :motht'r, or to the pnrl of :1
week. 215, :!17, :!IV, :?2Ì.
in ca.
e of injury by a flail in a kiln, :?:! l. 223,
of a m:111 \\ ho fpll!! 1\ h.!'!'. if warning is gi'''11 hefol'!'. :U;..
:!:!'i.
in tllP <"""<' ..fa <"hip. iUl'aq".l\tl',\.
:':" :!
H.
I:XDEX.
5ïï
E \:E.\lPTIOS
(Jltt ill ued.
in case of a mileh CO\\, llm.ing- her fÏrl5t milk,
:!
I, 231.
of bulls and ranu; in hulling and ramming, 231. 233, 235, 23i.
as to an edged weapon in a conflict, :.!3i, 239, :.!41.
in the case of a court, and of an assembly, 241.
of pigs at the truugh or in the st
'e, :!-13, 243, 24i, 2-19, 251.
as regards a boat in ro,\ing or swamping, 251, 2.'i3.
as regards the hall in heing hurled on the green of thc chief
'cathair '-fort, :!53. 2:í3.
Il3 reganls a k
g.s race-course in ca.se of Imddcn collision.
253, et seq.
of ,lllilllais respecting I5natched food, 263,
as regards animals thr<J\\Ì.ng up clods, 263.
as regards fire on the hearth, :!G:J.
as regards a coal, 263.
as regard
a chariot in a fair, :!G:í.
ItS reganls a caldron in hoiling, 2li ï .
as regards oxen in working, in being driven, in grazing, in
ploughing', 267, et seq.
a
l.egards a pit fall in a mountain or wood. 273.
of a servant, in respect of the ellge of 1m axe, on the floor of
It king's h011&e. or on a road of carriage, 273, 275.
of a hondmaid respecting the tiag and kneading trough, 2ï5.
and her working utensils in gt'neral, :!ï7.
fl.'> reganls a loan lh,&tl"O
ell, 2ii, :!ï9.
as regards arms ill hattIe, 2i
, 281.
IL'I regards II mill in grindin/!, 281, :!83.
liS regardl5 corn in a haggard, :!85.
;\'1 regards a juggler and jngglery. 28;), 28i.
nb rf'gards iron in slaughtering, 18i.
as regards thp intprpo&er in wounding,
8ï.
IL<; regards a territory, in three attacks.
8ï. 289.
as regards \\ omen in a WOnl.lll hattIe, 291.
a,> regards a stake in a fence, 291.
a<; regards a hrooch on the shoulder, or bosom, 291.
as regards a woman in jealousy, :.!
)3, 295.
as regards horses in IlOrse-fights, both horses and pigs, 295.
as regarùs the b'Tinùing-stonc, or the crank in grinding, 295.
as regarùs a cat in a kitchen, 29ï.
as regards a cat in mousing, ibid.
a<; regard" cattle on a hill. ibid.
E
HAr:STED PERSO
:
meaning of the term, ï 6 11.
an, not to be alh-anced, 76 11.
I:Xl'J;CT"'TJO
: meanin!; of the term. when u
..,l III l'cfcrcnl'E' to
cattle. 3fi-! 11.
EXPOSl:S-G ,\ nLE\lISIl: il\ll'lÍl.y with a view to. puni;;hable. 347.
'.OL. III. :! P
578
INDEX.
E'.E:
Eitged of Eitged committed by, 93.
tempted by the serpent, i
id.
EYE: fine for injuring an, 3-19.
EVE-CAPS: for the' anfaithe'-dog, 417.
EVES: fine for cutting off the upper lids of the, 353.
FAGOT: rules as to injuries caused by a, 175, 177, 179.
FAILURE: 'smacht'-fines for, in cases of sick maintenance, 471,
el seq.
FAIR: exemption as regards a chariot in a, 181, 183, 185.
F AlIJLlES: rights reciprocal of, 331.
FAMILY OR TRIBE: suhdivisions of the, 330 n., 331,333,488 n.. 489.
F ASTISG :
takl
n into account, in adjusting compensation, 5.
It church may fast to get' cain '-law, 71.
for Ilebt, referred to, 3:!:í,
FATHER:
relations of a, to It son who maintains him, and t,o one "ho
does not, 53, 57, 59.
FEAST: the, of drinking ale or Leer, 21.
FEASTISG-HOUSE: the banqupt of the, ibid.
FEEDl::\G:
proclaimed persons, fines for, 389.
an offender, })cfore or after the offence, punishable, 409, 411.
FEET: penalties for injuring tIle, or the toes of the, 351.
FEJDLEIIII: mother of Aicell, 85.
FCDIECHLS, OR FENECH US : referred to, 59, 61.
FEINI GRADES: country people of the, 21.
FEINI GRADES:
31.
the physician's share from the, 477.
FELLING A TREE: exemption as regards, 225. 227.
FELLOWSHIP OF THE FEINI: 21.
FE
CE: exemption as regards a stake in a, 291.
FESC};S:
breaking of, a trespass, 76 n.
injury done to, by a horse, constitutes tresp8ÆIS of neighLour-
hooel, 187.
· PER-MJDBAJDH '-PERSON: a physician's share from the, 477.
FERTA-FER-FEIGE: a place on the Boyne, 29.
FERRYBOAT: exemption as regards a. from bank to bank, 209,
211.
J
DEX.
5ï9
FILLING A LADLE: exemption in respect of,
13, 215.
FIXDING: of a concealed body, when to be rewarded. and when
punished, 105.
FIXE:
the largest for trespass, mentioned in the la
, 76 n.
a, of sacks,
9{i It.. 297.
. airer'-fine, 537
blush-fine, 27.
body fine, 71, i\:c.
'dire '-fine, 17, &c., i\:c.
'enech-ruice '-, 27.
'eric'-fine, 17, &c., &Xc.
'smacht'-fine, 71, &c., &c.
FINES:
doubled by malice aforethought, 99.
how to be l,aid, 151-53.
FIXGAIXE: son of Cae Cinmathair, King of :Munster. 161 n.
FIXGER: fine for cutting off or injuring a, 353.
FIXGERS: pena1tie<; for cutting off the, 351.
FIRBOLGS: )Iatha )Iac U moir, the Druid, said to be of the, or of
the Tuatha De Dananns, 29.
FIRE: exemption as regards, on the hearth, 263.
FIREWOOD:
fine for stealing, 1-19.
owner of land entitled to a . sed' foJ' allowing, to a ship. 427.
FIRST-BORN: 3!), I't seq.
when a daughter is held as the, 41.
rights of the church when the first-born son dies, ibid.
of animals, church's right to the, ibid.
FIRST }<'RUUS: 13, 25, 33, 35.
FIRSTLINGS: 33, 35.
FIRST l\IILK: exemption as regards a eO\\ during her, 229, 231.
FIRST 'VIFE:
liabilitv of the, to be on her SODS: 399, 401.
of abd
ction, liability of, how apportioned, 399.
FISH: stealing from a house or a weir, fines for, 149.
FITHAL: the Brehon, spoke the law of nature, 31.
FLAIL: exemption as regards a, in a kiln,
21, 223.
FLAG: exemption of a bondmaiù respecting the, 275.
· FLESCACH'-P};RSOXS: a physician's share from, 477.
FLESH: non-eating of on Fridays and 'Yednesdays, 15.
l<'OAL: ,.alue of a, how estimated, 375.
. l'OLTACH-FLITHRDIE': land-hohler, and hi'! relation>- t.. tLo' . ,':.1"-
bat a1' imramh '.<;tock-owner. 143. 1'( flf,!.
'uL. Uf. :! I'
580
J"DEX.
FOOL:
at what age it is determined whether a )O\lllg pel"bOn is a, 15;.
the hllul of a, how luug to be kept undivided, ibid.
may rcturn to a descellllant, ibid.
penaltics in case of assRlllt by a, 15!). I GL
on versons inciting a, if,id.
for inciting a, varied, ltil, lû3.
the cxemption of a, in an ale-house, Ifl9, 201, 203.
liability of persons bringing a, into an ale-house, 19
, et .eg.
liability of a, for burning a person's clothes, 203.
FOOT OR LEG: tine fur injuring a, 34!).
-FORCED :EXACTIOY, OR ADDITIOXAL LEn: rules as to. 48;, et seq.
. FODRADI '-TRESPASS: defined, ;6 n.
.FOREIGX};RS: penalty for HupportÌng amI ad, i
ing the women and
children of, 3r'!).
FOREIGN NUTS: 4:!;.
_FORFJ:ITI"RE: incurred by reJllo,.ing a son ti.om a . cill '-church, 71.
1,'ORGE :
rulps as to accidents oecurrin
in a, 190 n., 191.
gold, silver, and bronze forfeited if found in It sm
th's, 191.
not if found in a goldsmith's, 1 !)3.
every unnecessary charge left in lei, forfeited, 1!)2 n., 193.
smaIl articles of lei, not forfeited, ibid.
front-striking in It, taken into consi(leration. 3!J3.
FORK: the attendant to give Botie,. of putting the, into the
caldron, :!(j;.
. FORRAcn '-
IEASURE: twelve rods in a, 333.
· FORRACU'-)n;ASrREs: twelve in II · tir-eumhaile '-space in length,
allll six in breadth, 33;'.
FOSTERAGE: rules as to the, of a rcputpd son, 313.
FOSTER-FATHER: liability of a, in respect of foster-children, 503-4.
FOSTER-
IOTHER: liability of a, in respect of do., ibid.
FOSTER-SONS: rules as to penalties for injuries done to, ibid.
FOUR M....STERS: Annals of the, referred to, 150 n.
FRE};MAX: case discllssed when a nati"e is upon the land of Il
stranger, and vice'l:e1.sð, 12ï, 1:!9, 131.
FRIDAYS: flesh not eaten on, 13.
FRCIT : fine for stealing, 151.
FRUIT-TREF.S: fine for cutting down. 149, 131.
FUGITIVE: fine for entertnining a. who is known, 61.
· FUIDUIR '-TENANTS:
cannot make contracts without the I'onsent of the chief, Ii.
se\"eral sorts of. ibid.
social position of, 131 11.
, FnTlIRIDF.- on Ft-LTImmE .-1 A" : 6 I. l;iO 11., l:í 1.
1.\ lJI:X.
5S1.
'l"ITHRIYE COR)1AIC: situation of, 150 n.
GAELS and GALLS: exemption in case of a battle between, 215.
GARDE
S: lots to be cast, to find out from what garden bees did
an injury, -139.
nEII.FINE '-CHIEF:
compensation to a, for injuring JlÍs roads, 307, 309.
rights of a, to waif." on roads, 307, 309 n.
. GnLFlxE '-DlVlSlOX: relations of, to other subdivisions of the
family or tribe, 330 n., et seq.
. GEILFIYE' RELATlOXSHIP: taken into account in selecting sons
for the church, 41.
GEXERA OF EITGElJH : 97.
GJ;XUS GEXERIC: ibid.
GE:'ms SUBALTER
4.TE: ibid.
GIFT:
the Sundav. 19.
to a son C';r affection's sake, 311.
in considt>ration of maintenance, ibid.
of te;u";!, ibid.
GIFTS:
or grants, for the Iwalth of the soul, 3.3.
from each grade of the laity to a church, 4:J, 4;;.
persons entitled to make, -13, 4.'), 47.
in 'what ca<;es a woman may make, 49.
how much l'roft'ssional men lllay
ive as, 51.
GIRLS: shorD, fine for sLaving bare the false locks of the, 355.
GLAXDS OF DESIRE: penalty for cutting off the, ibid.
GLO\ ES: to be given to the miserable. 19.
GOAT:
tripartite division of the, 379.
the, does not cxceed three 'screpalls' in value, ibid.
GOBAY SAER :
a celebrated carpenter. 226 71.. 2"17.
the daughter of,
27.
GOBLETS: 427.
GOD:
feeding the gut'sts of, 19.
plebeians exaltell by pelforming penitential service to, 31.
the people have a right to the recital of the worJ of, from the
church, 33, 35.
t:very seventh day to be given to the service of, 41.
VOLD:
founrl in a smith's forge forfeited, 191.
in a gold!'lllith's fur
e not, 19:;.
a daughter has a right to her mQthi','s blade of, 40;1.
5H
INDEX.
UOOSE :
rules as to deficiencies in 11" 381.
tripartite di"ision of the, when to be made, ibid.
GOSPEL: the soul-friend has the instruction of the, 15.
GRAINNE: eloped with Luglmidh, 55::! n., 3;;3.
GRAINS: measurement by, 335.
GRANT: to a church, to he according to the llignity of the per90n,
43.
GRI
DlNG: exemption as regards the crank in, 295.
GRI
mnm-sToNE: exemption as regards the, in grinding, 29J.
HAGGARD: exemption as regards corn in a, 285.
HAIR OF THE HJ;AD: penalties for cutting off the. wholly 01.
partly, 353.
HALF-INTERPOSER: term pxplained, 193 n., Hli 11.
HALTERS: exemption as regards oxen starting from their, 269.
HA
m: fine for injuring the, 34U, 351.
HA:-;DLES: kingship of the tlu'ef', 1Oi.
H_\RLOTS: banquet given to, a demon feast, 25.
HAmIONY: of the church and the people, 33.
HARPER: a wing-nail to be ,given as compensation to the, if his
nail be cut off, 353.
IhTCHET: exemption of a servant in case of injuries done by his,
17!).
11 L\THESS: a hanquet givpn to, regarded as a demon feast, 25.
llEARTH: exemption as reg'l.rds a fire on the, 265.
HEN:
the, has a tripartite division, ::\79.
value of the chicken of a, how to be estimated, 381.
lIEX-EGG: a liquid measure, 335.
fIE-PIG: the, has a tripartite division, 371.
HEmIIT: a soul-friend, Hi.
J[J;ROS and HJ;ROIXES: ruled by their chief, 15, 17.
HIDES: 42i.
HILL: exemption as regards cattle on a, 297.
HILL OF
IEETnm:
quarrelling on, punishable, 405.
rules as to offences in respect of a, 407.
compensation to a bishop for opposition to him on a, 409.
HmE:
or 1"pnt of land, ho'w to he est,imated, 127. 129. 131.
of (.hattels. l'ulp.s as to, :
:!7.
I!\DEX.
583
HIVE:
one or more, to be given as fine for injuries by or to bees, 433.
lots to be cast to find from which, th!:' offending bees came, 439.
HONEY:
mentionpd as part of a ship's cargo, 427.
a man's full meal of. or less, to be given a<: a fine in certain
cases of wounding b.r bees, 433. et 8(''1'
IIOR!-:E:
pxemption as regards a, in a fair, 181. IS:1. l
..).
fines for over-using a, 183. 1f\3.
rules as to horro\\ ing and lendinq a, ibid.
as to penaltif's for injurips done by a, ibid.
owner of u, \\ hen liaLle for damages, ibid.
hirer and bm-rowcr of a, how far liable for its trp!'passes, 183.
I'llles as to injm.ies done hr 01' to on a king's r.!æ-course, 255,
et 8eg.
tripartite division of the. 3í3.
HORSES:
names of fundamental diseases in, í,
cxpmption as regards. in hOl'se-iights, 2!).,.
HORSF\1EY: exemptioll as regards, in ca.
e of sudden collision,
on a kllig's race-course,
5:i, et Beg.
HOSTIXG :
rights of a chief from his Hu
iect", as to. 495, et seg.
fines for coming away fronl a. without lea\ e. ibid.
HO\;SD:
rules as to (lefects in a. :H!).
\ alue of thp whelps of a, ho\\ d!:'termincd, ibid.
HursE :
, dire '.fine for stealing from 11, difficult to be estimated, 459.
!:'Ie\-en honor-price, considered in it, ibid.
Hon;ELFHs PERSO,": finp for f!:'!:'dim: a, 38\1.
RU
TER :
finps for injuries done hy the pitfall of the, 453, et seg.
penalties \ ,u'icd accOl.ding as he '1'[1 'la\\ ful or unl:n\ ful, ibid.
HURLET 233.
H\;RLlXG: exemption as regards the ball in, 253. 255.
[Iniss: for souls, to be offered hy the church. 39.
IDIOTS: cannot make yalid contract'!, ]].
IG
oRAST PERSOXS: unqualified to be abbots, í 4 n.
IXCITIXG OR SETTIXG OX DOGS; rule.:; as to penalties for, j I !:I, et iJCoj,
IXTE
TIOX :
ruks as to . eric '-fine for, 139.
w hf' taken into account. 111 (':I"'" of theft. wounding, find
homipi,l.'.
tìf'. 171.
!í
.!
I
DEX.
InoN:
rules as to injul'iI.s dunc L.', when slmck in a fÒrge, HIl.
a" to accidents to persons going aslet'p in the forge bi.-
fore aud after the iron \\ as put into the fin',
IDü 11., 191.
t'xemption as regarùs, in slaughtering, 287.
part of the cargo of a slÜp, 4
7.
I Il-DHA-FOTHCCH': a fundamental disease in hori<es. 7.
I IGMAIS '-
\;T8: of the land of tlH' Boyne, 51.
JEALOL'SY: exemption as regar(ls a woman in, 29
.
JESTEUS: a ùanquet gÍ,-en to, a demon feast, 25.
JOIST: (of the lJOdy) penalties for cntting off a. 351, et seq.
JOI:W-OWXERSHIP: Ilivi!;ion of property and payment of fines in
casps of, 4G3, 163.
JUDICATURE (BREHOSSHIP): to wllat extent a man lllay mal.e
grants out of land aCfluÍl'ed 1,,\-, 51.
JUDGES (BREHONS): punishable for neglect, and for false or
malicious decisions, 305.
JUGGLER: exemption as regards a, in jugglery, 285, 287.
JUGGLES: dangerous and not (hngerous, 285.
J GGGLING BALLS: ibid.
J liGGLIXG SPEARS: ibid.
KILLARSEY: lakes of, ancient name of the, I,jO n.
KILLISG:
and concealing the body, rules as to fines for, 99, 10 I, 103.
fines for luuking on at, 101, 103.
dogs, who attack Olle, ,.ules as to, 413, 415,
KIJ.:-I :
every unnecessary charg-e lcft in a, fOlfeited, 192 n., 193.
exemption as regards a flail in :1, 221, et seg.
foul' persons jointly liaùle in a, 265.
having or purchasing tht' site of a, makps one a native freeman,
391.
RDm:
gift of a, to a church, 43.
a, \\ ith a blemish coultl not be king at 'remhair, 85.
the, of ;\Iunster gave lands to the e'-pelled Deisi, 86 n.
the head of a, wl1t'n npon a pleLeian, and 'vice versd, 107.
crime of the, when vÍBited upon the people, anù vice 't'ersL1, 133,
135.
responsibility of the, in certain cases of theft, 2-H.
notice of the pitfall, and of the waif of the l&ud, to be sent to
the, 273.
the, to be cumpcnsated for injury to his road, 305,
t 8eq.
penult." for violnting thc laws of the, 409, 411.
I
DEX.
585
Klxu---conlilLued.
penalties 1"01' "l1ch violation, ..aried accorl!i.ng to the nature of
the tenancy and local law, 411.
twice se,'en 'cumhals' allowed for the waim of every, 475,
KlXGS:
exempt from compulsory hospitality, 113.
a physician'
share from, in case of rleath-maim calculated
according to bOIly-fine, 4".
I-\:DIGSHIP OF THE THREJ.; I1AXDLES;. lUi,
I-\: ITCHEX :
every unnecessary clHtrgp left in a, furfeited, 192 n,. 193.
exemption as regards a cat in a. :!9ï.
I-\:xEADtxG-TROrGH: exemption of a bomlmaid rpspecting her, 2i5.
1\:
I\ES SPEXD OSE XWUT: a law maxim rpfelTed to, 493.
LADLE: e)"emption ill rf'sppct of filling a, n3.
L-\F.GH \ IRE, sox OF Xl \1.L: in his tilllP Patrick came to Erinn, 29.
LAMB: e"ery first, due to the church, 39.
LAME M \S: a, shall not be exalted. i 4- n.
lAMPOON: the, a species of' Eitged '. 93.
L\SD;
when a man may make a grant of, 45, 47, 5
, 55.
four cases in which a man may give his, 4i, 49.
a woman may give two-thirds of her · cruib' or . sliasta'.
land, 49.
a man's power of making :;..rrants of, if obtained by his art or
profession, 51.
no person shall lea..-e a rent upon. ,..hich he did not find on
it, 51.
when a father may remove his Bon frout the, nnd give it to
another, fi3.
giwn to a church for maintaining a person, when forfeited,
ibid.
not be given, without the cons
nt of the triùe, ibid.
of the Boyne, 'iumais '-nnts of the, 51.
rules as to letting, for hire or rent, 127, et øeq,
fines for taking unlawful possession of, 149.
fine for burning, ihid.
L"SHES: of the eyes, fine for shaving bare the, in certain cases, 355.
LAW:
. Bescna', 3, &c., &c.
· Cain', 15, 19, 21, &c., &c.
· Cain '.L'tw of Adamnan, 323, 325.
Cain Boiliuchta, 110 n., 111.
Cain Fuithribhe or Fnithrime, 61, 150 n., 151.
. Cain '.law of Patrick, 151 n.. 323, 325.
'Cairùe', 15,19,2], hc., &c,
Conls Rescna, 3, &c" æ<:,.
586
INDEX.
LA w---co-ntintted.
Corus FeinI', I í,
Corus Fine, ibid.
Corus Tuaithe, 17,
Corus Flatha, 17, 19.
Customary, 3, &c., &c.
of nature in ErinIl till the comiIlg of the faith, 29, 31.
of the letter, or writtpIl law, thp Npw Tpstampnt, 31.
of nature, as far asjust,pstahlishp
h, ith the lawofthp lettpr, 29.
before J)atrick camp, :33,
pxhilJitpt! h.'" Dubhthach tv Pat.ric'k, ibid.
, Urradhus', 23, 43, 71, &c., &c.
J
'\V-BREAKER: the lifp ùf every. fully fOlfeitptl, 465.
L.nVFfTL MAN: a, when in the perHon of an outlaw, and t-ice
versfi, 137.
t'cgulatioIls as to lJenalties for killing a. in l11istake for an
outlaw, 13;.
LEARXISG: ho.w far a lUall may make bpqllests out of land aClJuireJ
by llis, 51.
, LEC-OS-CRU': a disease in horses, ï.
LEG<\.CY (DIB\DH): one-third uf a IllRlÙI, due to the church. 33.
LEISSTER: the Deisi when expelled first go into, 86 n.
LETTER: law of the, brought hy Pat1'iek into Erinn. 29.
LE\'YI'l/G: rules relating to, 31;. et seg.
LEVYIXG SHARE OF A TERRI'fORY: ::!1
Ii.. :!Hi,
LIDS: of the eyes, finps for sha"\ing hare the. 353.
LIP: fine for injurulg the, 349.
, LIS '-FORT: hringing a horse to the door of a, R trespass of
viciousness with ncglect, l
.).
LIS.\IORE: Olle of the hOUlularies of the lalllls assigned by the
King of ::\Iunster to the Deisi, 86 n.
LOAD: regulations as to a. in casc of a llirpd l101'8e, 1R3. l85,
LOAN:
fiue for overusing a, the same for pver) person, 183.
exemption as regards a, destroyed. 27ï.
fine for npglecting to rpturn a, 493, 4!J!í,
a, for a time, rulp8 as to. ibid,
LOCKS: fine for sha' ing hare the fabC', of the 8llOI'D girls. &c..
;:;;"
LODGING: penalty for suppl) ing, to the \ iulators of the king'
laws, 409, 411.
LOOKER OX ; rules as to fines on the. in cases of llOlllicide, accord-
ing to the status of the parties concerned, 99. (t seq,
LOTS: selection of sons for the sen.-ice uf the ChuJ'dl to be made
hy, 41, 43.
>!uccession to thl' AMJac\'. "hen to Lp made In. í!l,
to l,e cast in dp{'idinq
d1Ìch of h\l> fiut"" i<;'tl) be inflicted.
140 II., 141.
rSDJI:x.
'87
LOTs--co/lliml
d.
rule::. as to casting of. 33;, et seq.
th,.ce to be put in in certain cases, 33;.
tu IJe ca!.t for ai8co...-prin
tlle hi...-e the bees of which did injury
in certain cases, 439.
Lon:H LEIX : modern name of. 150 11.
LlTIFER :
commits Eitged hefore Eitged. 91.
\dam in consenting to. commits Eitged of Eitgeds, 93.
Ln:IL\IDH :
remark ascribed to CaÜ'b,'e LipheachaÜ. in defending, 532 11.
Grainnp eloped with. !)
:'t
I.l }IP-BLOW :
mcaning of the term, 352 It.
two CO\\ s paid for the. 333.
ju.,t 'airer '-fine exacted for the foul, 53;,
.r \D1IFX : contracts of. void. without con<;ent of guardians, 11, 13.
J Mill BRE-\GH :
situation of, 86 i1.
some of its inhabitants dri... en out, 8;.
rult' :IS t{) change of tenRncy in. R;.
)IAGH RATH P[OIR"-)
hattl!' of. Ri 1l.
CClmfaeladh's head split in, 8;,
battle of. wh) celebrated. 89.
IAfa<:-" I:>P : throwing the, supposed to cause madness, 13.
31-\Ll:-HORSE : the, ha... a two-fold di"i<;Üm, 3,5,
)hLlCE AI!ORETHOCGHT : tines doublell by, 99.
)[UT: two' screpalhi. to he gi....en for t\\O sacks of, 329.
::\1 \X : the belo"ed, eÀemption of, in ca,>p of a loan destroyed, 277.
. )L\XACII'-CLASS: one of the. when entitled to the Abbacy, 73,
ïJ, ,7.
)IA:\Af:JI-:q';XA' }
' [ _ , ,classes of tenants of church lands, who cannot
-. AXAGH-(.ABHLA . h th . II
. , contract v..t out au OrIty, .
_\LnAGJI-GOL \
ì[A "-Tr..rSP.\S"; : term explained, 148 n.
)l.\
l'I:t:: land acquired in right of, 49.
)[ \R
:
thp, has a tripartite di,-ision, 373.
rules as to defects in a, 3;5.
)IAST-FRFIT: first of the, due to the church, 39,
[A" : a time for m:lking agreemPllts. 143,
IEA<;l"HE\lEX'T: hy I!I-:,in;; ,md ('.
}!S. :133,
588
INDEX.
:MEETIXG :
penalty for failure to attt'nd H, after pronllsc. J3I.
a hill of, quarrelling on, punishable, 405.
rules as to offences in respect of a, 40ï.
compensation to be made, for opposition to a bishup
on a, 40!I.
, MEISRIX '-
IEASURE: twelve times thp full of a hen-egg, 335.
:\IIDDLE TRENCH: 202 '11., 203.
l\IILCH-COW :
exemption of a, during her first milk, 229.
rules as to fines fùr injuries done by or to a, ibid.
liability of tlH' herdsman and others, in regard to a, 231.
)bLK:
inter and summer, rule as to taking, 47,
fines for stealing, 2
9,
;H.
)1 (J,L :
every unnecessary charge left in a, forfeited, 192 fl., 19;t
the exemption as \'e
arfls a, in grinding, 281, 283.
of u territorv, notice of a waif of the land to I,e sent to
the, 2ï3
various rules as to accidents occUlTing in a, 281,
3.
having. or purl'hllsing the sih' of II. makes one a nati\e
freew:m, 391.
)IILL-STOSES : rules as to injuries cause. I by. 283,
)IILL-WR1GHT: liahility of the. in casps of accident1:!, 281.
83.
)IISE: exemption as \'cg:mls mineral in a. 203.
O.J.
)IIXF.ItAL :
in a mine, exemption 118 reganls,
03, :!O;;.
3}Jpropriatcd and uml}J}Jrolwiated, rules af. to, ibid.
)lIxoR: thp.liaLility of a. for his 0'\\ n and his father's offences, 393.
MORASS: thp Brehon, spoke the law of llaturp. 31.
MOTHER:
in "hat case a SOIl may leave his, to perish, !'í5.
It, when entitIeò to thp , rath '-portion of her fOons, 397, 399.
rules as to .Ii.. isioll of propcrty bptween a, and her husband,
399, 401.
the daughter has
l right to the tartan ell,th, the sih er thread,
and the blade of g-old of the, 405.
tlU' family of the, may in cl.'rtnin casps sell her children, 541,
543.
)lOTHER'S PEOPLE: proclamation to be made to ill some cases. 299.
MOUKTAIS : exemptiun as regards a pitfall in a,
'j3,
Mot:'NTEBANKs : R banqnet given to, regarded as a demon feast, 25.
MOUSING: exemption as rpganls It cat in, 2[17,
MUNSTER: the King of, assigns land to the Deisi, SG It.
INDEX.
589
:\h':RDER :
of a tribebwàll, pilgrimage enjoined for, 73.
secret, how kllo\\ n, !:I!).
penalties on parties looking on at, 9Ð.
)ICZZJ.E: a, used for dogs, !13, H;.
..
l \" SO:l., THAT THUI 11A\"EST KXOW :"
a mark of king Cormac's part of the Book of Aicill, 85.
when the he'l.d of a king ÍJ;; upon a plebeian, and vice versd, 107.
\\ hen the crime of one man is upon a host, and vice ve,.sd, 115.
when a nati,'e freeman is on thf' land of a stranger. anll1.'ice
versd, I:!;,
when the crime of the king is oll the peuple, and vice VeI"BÚ, 133.
when a
a,,
1 mau is in the person of an outlaw, and vice
r:ersu, 13/.
when a mall i-; cntitl..tl to 'eric'-Hue for intentioll, 139.
whell one man is legally considered as two, and cice l'n-Sa, 1-11.
how fines and debts shoulù be paid, 15 L
"hen a man pa)s what he has not incurred. I;);,
and a man commits a crime which he dONI not pay for, ibid.
the ðemptions with respect to rights of lmildin[f, d..c" 16;.
::\.HL: penalties for cutting off a. wllOl1
' or in par
.)3.
AT1\'E FREEYAS :
what makes a btmugel' of a, anù a native fl.cemnn of a
stran;;er,
1, et '" '],
"hat glyes a man the ,
t"tw; of a, 391, 39.
X An'lIE :
the law of. in Erinn, l)I'fore the comin.
Patrick, 2;, 29.
exhibite.l b," Dnhhthach to Patrick, 29.
f'xplained a
the law of thl' just men, i l.
the right rule which .\.dam hall. il,irl.
XEG1.ECT:
cycry judgc (Brehou) l'uni;,hal,lc for .IS, 305.
of a loan, three things which requir illterest for, !!)2 n., 493.
in not guarding a captive, pena1tie '''r, !9!J, 501.
b) sensible adults in not minòing he non-sensible, fines for,
501, et 8eq.
by attenùants inllot guarding pt' ns of dignity, tines for, 51 1,
b: deLtorb in violating thc contr t made for them, 513, ef ,<'q.
XICli.x.umw: a species of Eitged 0 words, 93.
"om.F TRIBES: the chieftain grad, 31.
o:;t.: penalty for injuring the. 3 1.
;\OTlCE:
when, and to \\ horn to be
rilles as to dogs, with tim
and wit ime but without notice, &c., 413.
Kt;xs: doin;! Iwnance, to gi' II rletlgp to t]leir superior.!. 15.
590
TXDEX
NURSETE!\DER:
a, to be provided in certain cases, 475.
payment for the person who acts as, how provided, 481.
NUTS:
'iumais-' of the land of the Boyne, 51.
foreign, 427.
OARS: restitution to ùe made of, in certain cases, 211, 213.
OATH: rules as to tines for evasion after taking an. 3!J::í, :397.
fines for taking a false, 397,
, ODHBACH ': a disea.<;e in 1I00.ses. 7,
, OGAIRE'-CHIEF:
gift of an, to the church, 43.
three' cumhals' allowed for the maim of every, 47,),
the physician's share from the, 4i7,
UILELL: (or Ailell), the father of Cennfacladh, 87,
, OIL)[EDHACH '-;lIEASt;ltE : 335.
'OLFEINE'-;lIEASURE: 33G It., 337.
, OLL-D};RBH '-)IEASURE: 335.
. OLPA'l'RAIC'-MEA<;GRE: 334 n., 337.
OXE )lAX : whelllegally considered as two, and two as one, ] 4], 113.
ONIONS: illjuring, a trespass, 7ü n.
OPPOSITIOX TO A BISHOP OS A HILL OF
IEETING : punishable. 409.
ORDER: every, to abiùe in its prover position, 33, 3J.
OVERt:SING A LOA:i: fines for, 149, 183.
Or;X('E :
the, for divine iUHtmdioll, 71.
an, or a half, to be paid for failure to attend II Jueetillg, 331.
a' sed' wOl-th a
, due to the owner of the laud on whi,'h a HiliI'
was driven, 427.
()UTLAW:
when a IlIwfulllla
is in the l"'rson of an, and v/".re vcr.sa, 137.
various rules R>; to fines for killing or iujuring an, ibid.
Ot"TLA\\S: a Lanquet gi\en to. a demon feast, 3.1.
Ox:
a \Ücked, rules as tu taynwnt for otli'lJces of, 26!J.
fine for overworking a
, 271.
the, has a tripartite di
sion, 371.
OXEN: exemption as rp
ards in working, .tc., :?67,
rule as to penaltit>s on 1, person seeking to provoko oxen
when at 'work, 271, n3.
OWNER:
of t]lC bank, ri
hts of the, i l rC:>l'pct of a tèrry-l,oat, 209, 213.
of a mill, how far reHpollsibJ) for accidents in a, 21':\3.
thl', of tllf' f;hor(', f'ntitIf'rl to't Rhare of waif.<;, 425, 4:!7.
of the laud, cntitled t ) a 811,11"(' .fth.. waif.<; found on it, 42!J, 4
I.
UW
}'USHIP : joint. rlllf'
n,!> to <.pf'nling in l'a><e8 of. 461. lG:\.
INDEX.
591
PAPER-BOOK: a, used for writing in, 88 n., 89.
P-\TRlCK:
came to Erinn in the time of Laeghaire, son of Nial, 29.
Dubhthach Jfae ra Lugair first gave respect to, ibid.
and exhibite(l the law of nature
to, ibid.
Core, son of Lu
haidh, first knelt to, ibid.
Cairidh JIae Fennchaim knelt to, afterwards, ibid.
Erc first rose up to, at Ferta-fer-feige, ibid.
Angeis knelt to, ibid.
. Cain '-Law of, 1.31 n., 323, 325.
PATRON SAI
T: rights of the tribe of the, to the Abbacy, 73.
P A GPERS :
feeding the, a godly banquet, 19, 21.
suggested derivation of the word, 21.
PAY: complementary, rules relating to, 329.
PENA"CE:
every monk to be received to hi:> proper, 35.
every lwrson of septenary grado entitled to a fine seven
'cumhals' of, 107.
I}E
ITESTIAL SERVICE: glossed s pilgrimage, 31.
PEOPLE: rights of the, in the church, 33, 33.
PERIODS: three, at which the world is wortWess, 13,
PERSO
S O}.' DIGSITY: fines on attendants, for neglectin guarding,
511,512.
PERSO:\'S PROCLAUIED: rules as to, 61.
PERSO
S WITH \\HO}I IT IS NOT LAWFU'L 10 DEAl :
.
PnYSICIAS :
liability of the, for operations, 3
1, 323.
concealment from the, 4U n., 4ì5.
rules as to payment of the, iii,
share of the, from persons of different raDks, ihid.
liability ofthe, in case ofwmmds breakingout afresh, 533, 535.
PIG:
a . screpall ' for the bacon of Ii, 329.
the. has a tripartite division, 3i3.
rules as to defects in a, ibid.
PIGS:
exemption of, at the trough or in tAt" stye, 243, et 8eq.
in fights, 2!J.).
PILGRHI: the, to give a pledge to his IDperiors, 15.
feeding a, a godly banquet, 19.
in what order a, may !;,ucceed to the Abbacy, 75.
in what order a, may become f' head of a' cilI '-church, 77.
fine upon a, fur trespass al!ainøt ;\ church, ibid.
amount forfeited by a, on r.a!..mg unlawful po:ssession of a
church, ibid.
all the bequest of the. due to the ch\\rcb, ibid.
j9
INDEX.
PILGRDIAGE :
rules as to tbe goods of R man who goes on a, 73.
enjoined for the murder of a tribesman, ibid.
or for mur.ler with concealment of the body, ibid.
· PIXGIXX': weight of a. of f;ilver, 107 n.
(>ITFALL: e'CemIltion aR rpganls a, on a mountain or in a wood, 273,
PIRATES: going agaiu:o;t, one of the three services of attack, 23.
PLAKT: C"\ery tenth, ùue to the church, 41, 43.
I'LAGUE: tIle world "\, orthless in time of a, 13.
'PLEBEIAN TRIBES: glos:.ed as the Feini grades, 31.
PLEBEIAKS: exalte(l by recei, ing church grades, and by perform-
ing peuitenti:t1 service to God, :n.
I'LEASAYT II1LLS: probable meaning of the term. :!96 n.
PLEDGE:
a. to he givpn by all in gpueml to theÏ1' superiors, 15,
chiefs gave a. for their" :.uujects ill I"Cl-taiu cases, 23, 25.
proportionat!' to the suùject-rnatter in dispute, 323, et Beg.
crnss-claims by way of set off to the. when brought in. 32;.
PLEDGE!:: mutual, part of the · f'orus-feÎnc '-law, 17.
PLEDGD;(; : time of, 327,
PLOUGHl": :
exemption :is regards 0:\.1'11 in, :!fj;.
rules as to R ,\ icked o:\. in, ib'id.
PLOUGH:\lt:X : how far liahle for injuries done by their oxen, 269.
PUET : chief, twice seven 'cumlmls' allowed for the maim of a, 4;.),
POETRY: It man lUay make bequests out of land acquired by, 51.
POETS: fine for f-lmving hare the f.llsp locks of the, 335.
PREACIIIXG: due from the church tu thp people. 3.1.
PlUòCl'Cl' :
IDeanin
of the term. 118 n., 144 n.
extern
f, 1 H n,
PRECIPICES: rules as to injuries caused by, 51 L
PRESEXCE: full fiue for, 145, 14.3",
PRICE UF IXSTRUCTIOY:
how proportioned between rlifterent churehes, 71.
a youth's father, when responsible for the, i3.
l"'RIYCE: work f-en-ice to lw rendered h) each person to his, 23.
PRIVILEGt;: man of full, 137 n.
l'ROCLAl}1ED PEItSO
S: rules as to fines fur entertaining, 61.
l'nocl.,\)L\TlII:\ : tlifi't'rent sorts of. (']\.\,1aill,'rl. tjO II" Ô 1.
PRon:"sl"",\1.
I \x: the, may lll<\k", grants out of land acquired
hy his proft>s"ion or art. 4!J, 50 n., 51.
\
IXDEX.
593
PROFESSOR: chief, to hecome a, mad!' a man to be of septenary
grade, 107.
PROFESSORS: three at Tuaim DrE'cain in Cennfaeladh's time, 89.
PROFIT UNNECESSARY: term explained, 176 n.
PROPERTY: separable and inseparable, probahle meaning of, 5,14, n.
PROPHECY: governed the rules of nature for the Brchons of
Erin, 3l.
PSAL:\I-SINGER: a, when entitled to the abbacy, 73.
PUPILS :
TIlles as to instTIlction of, 389, 391.
as to injuries inflicted on, ibid.
QUADRUPLE' SED' : proba,ble meaning of the term, 12611.
RACE-COURSE: exemption as regards sudden collision on a king's,
255, et ßeq.
RA
IS: exemption of, in the time of ramming, 231, et seg.
RECIT"L OF THE WORD OF GOD: dne from the church to the
pE'ople, 33, 3)).
11 EXT :
no lUan to leave a, onllis land ur hiR tribe, which he did not
find upon it, 5l.
regulations as to, according to the nature of the letting and
the stat1l6 of the parties concerned, 127, 129, 131.
REQUIEMS: to be offered l,y the church, 39.
RICKS: of corn, .when legitimate structures, 285.
RIGHTS:
mutual, of a church amI people, 3
.
of a church from the people, 39.
of monastic and stranger tribes, 37,
reciprocal among families, 331.
, ROAC'H '-SURETIES: 7.
ROAD:
dirtying of a, a trespass, 76 n.
to bring a horse into a paved, a tre!'lpass of vicioucilless with
neglect, 185.
of carriage, 273, 2ï!).
ROADS:
every Brewy mnst have, to his honse, 113.
the king and chieftain grades to be compensated for injuring
their, 305, 307.
rules as to waifs found on, whether principal or bye, 307, 309.
'RoIDH '-PLANT: injnring the, a trespass, 76 n.
ROWING: exemption as regards a boat in, :':'51, 233.
RULE: the old, transcends new knowledge, 220 n., 221.
RUSHES: fine for cutting, 149.
WLm 2Q
!HH
l'ìDFX.
ACh :
the price of a, a measure of pay, 329.
HACKS: the four, complpruentary pay given with, ibid.
'SAER'-PERSOY: every, may make a contract, 9.
, SAESCUIR'-OFFERING: in horses and bridles, due to a chief, 2;
'SAITHIU '-PERSON: every, a '!'Iaer '-persoll, 9.
SALE OF CH ILDUEX :
when htwful, 541.
rules as to tlu', :)41, 543.
, SA
IJIAISC '-HEIFER, 18 11., 19, &:c., &:c.
SA
E ADULTS: l"\ùes as to contracts of. 9, et seq.
SATIRISTS: hanquets given to, regarded as demon feasts,
5.
S \TIRIZISG : different sorts of, constituting speckled' Eitged,' 93.
, SCOLOG '-PERSOSS: fine for shaving bare the false locks of, 355.
, SCREPALL': nLlue of the, 10i 1/.
EA :
the billowy, 318 n., 319.
rules as to 'seds' recovered from l,eyond nine wav{'s of the,
42:
, et seg.
SEA-LAWS: what one has a right to in, 4-23, et Be,!.
, SED' EASILY DIVISIBLE: }
meaning of the tprms, 4G3.
SOT EASILY DIVISIBLE:
, SEDS' OF DOUBLE: term explninetl, 1
4- 1/.
, SEDS' RETURSABLE: term e"Xplainecl, 33:).
, SExcHrs-MóR': 3, 80.
nature of the lost portion of tile, 80 n.
:-;F.
SIBLE ADULTS: punil'hed for not minding tIll' non-sensible,
!'iOl, et seg.
EPTEYARY GRADE:
meaning of the term, 107 1/.
persons of the, e"Xempt from certnin linlJilitips. 113.
SERPEST: Ew tempted hy the, 93.
SERVANT: exemption of 3, in th,. lwl"formancp of his service, 175,
,t se'].
HERVICE: exemptionofasel'vantin thellcltormance of his, !ï5.tt seq.
SERVICES:
three, of attack, 23.
three, of defence. ibid.
ET-SPEAR :
probable meaning of the term, 272 'I't.
notice of the, to be sent over nine holdings, 273.
rules as to compensation for injuries caused by the. 451. 453.
SEVERITY: suit with, explanations of thp p]lr:lSP, f>13.
I:\DEX.
9.)
SHA n
G :
bare, fines fvr, 353.
without making bare, ibid.
the belly of a "oman through wantonness, fine8 for, 3;;;;.
SHEEP:
threefold division of the, 375.
the male, has a twofold division, 377.
remark as to the wool of the, ibid.
SIIELTERING THE J\lIsERABLE: how to be donc, 19.
SlIIELDS SPE:S-D TEN: a law maÀim, referred to, 493.
SlIIP
IE:S-: to receive notice of a waif of the sea, 273.
SHOES: to be given to the miserable for God's sake, 1
).
SHORE:
owner of tile, entitled to property ea.st on, 425.
cargo of vessels driven on, how to ùe partitioned, 425, 427.
SHORN GIRLS: fine for shMing bare the false locks of the, 355.
SHOULDER: eÀemption as regards a hrooch 011 the, 2Û1.
!'HOUTING :
at pigs, rules as to injuries caused by, ::H3, et seg.
different sorts of, explained, 249, 251.
SICK: attending the, part of the' Corus-feÎnc '-law, 17.
SICK 1IIAINTE......UWE :
pertlons who are, and who are not brought into, 357.
consequence of, sued and provided, 471, et lieq.
different rules as to, ibid.
varied, with the nature of the injury and the status of tIlt.
person injured, ibid.
allowallce for, in case of injury done from various motives 481,
et seg.
SIEVE: exemption of a bondmaid respecting the, 277.
SILVER:
proportion of, to bfl giv('n ill payment of fines and debts. 1!í1.
fowld in a :omitlt's forge, fOlfeitl'd, 191.
in a goldsmith's not forfeited, 193.
thread, of It mother, a daughter entitled to the, 405.
INEW OF DESIRE: penalty for cutting off thl', 355.
. SLAN '-PERSON: meaning of the term, 13.
LATES: used for writing on by Cennfaeladh, 89.
::;LAUGHTERING: exemptioll as regarùs iron in, 287.
::;LEDGE: and amil, exemption of the, lR7, 189, 275.
::;LJASTA-LAND: of a woman, rule as to her power of disposing of, 49.
::;MITH:
a, for what injmies liable, 191.
silver and gold found in the forge of a, fOlféited, 191.
the chief, entitled to receive notice of a waif of the lantl, 273.
f'xATCHED FOOD: cÀClIJptiOIl of animals, in ,'csp('ct of, 263.
\
596
INDEX.
SOD-CUTTJXG: fines for, 149.
'SOBARTA:S- '-CO)IPENSATION : probable meaning of the term, 64 n.
SOY:
unsafe to have dealings with the, of a living father, 9.
when a, may leave his mother to perish and support his
father, 55.
a, when bound to support both his parents, ibid.
when a, may impugn the bad contracts of his father, 57.
rights of the, who supports his f;tthel., ibid.
disabilities of the, who does not support the father, 57, 59.
removing of a, from a 'cill '-churcll, incurs forfeiture, 71.
every, entitled to his son-gift, 309, 311.
SON-GIFT:
every son entitled to his, 30
, 311.
three sorts of, ibid.
SONS:
sÜ.., who are !lot bound to honour their father, 61, 63, 65.
penalty for supporting and advising the, of foreigners, 389.
'rath '-portion of, mothers entitled to the, 397, 398.
SOUL-FRIEND: 14 n., 1:5, 39, 73.
SPEARS:
juggling, 285.
rules as to fines for inj ury done by, 511.
SPIKES: rules as to liaùility for injuries done by, 507, 511.
SPRING: a time for making loans to, 493.
SPYlYG: a species of eitged of words, 93.
STAKE:
exemption as regards a, in a fence, 291.
the ninth from the door, used for tying dogs to, 413.
STAKES: breaking of, a trespass, 76 ?t.
STAVES: to be given to the miserable, 19.
STEALING:
boards, fine for, 149.
firewood, do., ibid.
fish from a house or a weir, ibid.
STOCKS: rules as to injuries causcd by, 511.
STOKES: Dr. \Vhitley, 426 n.
STONES:
fine for taking away, 149.
rules as to injuries caused by, 511.
8TORM: rules as to taking out a boat in a, 21
, 213.
STRANGER:
tribe, right of the, to the' Erenach'-state, 37.
what makes a, of a nati\e freeman, and vice ve1.ßd, 381, et Beg.
rules a!! to a, 38:? 1!.
I
DE
.
5!17
STRAXliER-COlttinued.
an outlawed, , Cairde'-relations of, 383.
rules as to sons of a, ibid.
when a, may be killed ",ith impunity, 385.
penalties for feeding and sheltering a, 385, 387, 389.
STR\W: fines for stealing. varied, 151.
STREET:
bringing a horse into the narrow part of a, a trespass of
viciousness \\ith neglect, 185.
dirtying of, a trespass, 70 n.
STREETS: meeting of the three, at Tuaim Drecain, 89.
STRmIPET : head of the family entitled to a share of the 'aptha -
gains of the, 315.
STUDENT: for the mini
try, rule as to fine for killing:1, i1.
STYE: exemption as regards pigs in a, 243, ::! 1.J.
SUBSTITUTE: a, to be provided in case of persons wounded, J ï:J.
SGCCEbSIOY TO A
ABBACY:
rules as to, 73, 74 n., 73, ï i.
when to be determined by lot, ï9.
SUIBHXE GELT :
cause of the madness of, 89.
stories and poems left by, ibid,
SUIT:
with severity, phrase explained, 513.
unjust, meaning of an, 51 ï, 519.
SUNDAY-GIFT: explained, 19.
SUPPER: a, with ale, 21.
SUPPORTIXG: and advising the women an(l sons of foreigners,
penalty for, 389.
SWA
IPIXG: exemption as regards a boat in, 251, 253.
SWORDS SPEXD FIVE: a law maxim, quoted, 493.
TABLETS: written on by Cennfaeladh, 89.
TARTAN CLOTH: the daughter has a right to the, of her mother, 105.
TEACHIXO: rules relating to, 389, 391.
TEATS;
of a cow, rules as to defects in the, 363, et 8eg.
of a mare, 375.
'TEST '-EVIDENCE: 108 n., HJ9.
TEXT-WOUND: meaning of the term, 358 n.
TE
IHAIR :
Dubhthach
Iac Ua Lugair, first rose up before Patrick at, 2!J.
Aicill close to, 83.
to bring arms into after sunset, prohibited, 83,
chief of the King's household killed at, 85.
that anyone with a blemish should reign at, prohibited, ibid.
could be been from Aicill. and Àicill could not he seen from. ibid.
598
DIDEX.
TENA
T:; :
different kinds, of \\ ho cantiot make contmcts without the
consent of, or subsequent adoption by, their chief, II.
TENTH: every, of plants, corn, amI cattle, due tc the church, 43.
TERRITORY: exemption as regal'ds a, in three attacks, 287,289.
TEST:
of God, 313.
of men, ibid.
TESTI
G: time allowed for, in case of different wounds, 535.
TESTICLES: nùes as to penalties for cutting out one or both ihe, 335.
THIEF:
none to sell to, or buy from a, ;;
'.
when it is lawful to kill the, 465, et Beg.
THREE :
periods at which the world is worthless, 13.
things which prevent the v.odd':; being worthless, ibid.
services of attack, 23.
of defence, ibid.
deeds, the dog of, 3-10 n., 34I.
dog trespasses are checked, 415.
'eric'-fines counselled, 537,539.
THUMB: penalty for cutting off the, 3;;I.
TILLAGE IN COMMOr. : part of the 'Corns-feine '-law. 17.
'TINOL'-lIIARRIAGE COLLECTION: 310 n., 317.
TITHES :
a remedy for the worthles.<;ness of the world, 13.
the church has a right to receive, from the people, 33, 3,),4I.
TOES: fines for injming the, 33l.
TONGUE: penalty for injuring the, 349.
TRACKING: one of the qualifications of the" dog of three decds,"
340 ?l.
TRAP: rules as to setting a, for deer, 457.
TREE:
exemption from liability of the man who fells a, 225, 227.
rule wherp two are engaged in felling a, 227.
non-sensible persons aIllI animals tu be warned and sent a\\ay
by him who fells a, 227.
TREE:;: penalty for cutting down, if fruit-bearing, 14!J, 15I.
TRESPASSES:
of viciousness with and withuut neglect in horses, 183.
of neighbourhood, explained, 187.
of restitution, ibid.
three, in dogs, which are checked, 415.
TRIBE AND TRIBESMEN: relative duties of, 55,57.
TRIBE OF THE LAND: the, has the second claim to the Abbaoy, 73,
r:t
((l'
IXDEX.
599
TRIBE OF THE PATROX SAIXT : the, has thE' fh'!'<t claim to the Abbac"
ibid.
TRIXITY: lot of the, how to be employed, 337.
TRIPLE Dn.ISIO:\, :
of what fines to be made, 153.
reasons for making a, ibid.
TROUGH: exemption as regards pigs at a, 243, 245, 6:C.
TVAUI DREC.UN :
situation and modern name of, 88 n.
Cennfaeladh brought to be cured to, 89.
three schools at, 89.
TUATHA DE DAXAXXS : Matha l\Iac rmoir, said to be of the, 29.
UDDER: of a cow, penalties for injury to the, 3G5, 367.
USLAWFl:L TAKING POSSESSIOr\ OF LA
m: fines for, 149.
UXXECESSARY PROFIT: term explained, 17G 11.
URIYE: land acquired in right of, 49.
USISG A BEAST: fine for, 149.
UTENSilS: working, exemption of a bondmaid respecting her, 277.
VAGABOYD: wllat makes one a, 411.
VICF..-ABBOT: the, to be subjE'ct to the abbot, 37.
V IRILE
InIBER: fine for cutting off the, 35:>.
\V AIF :
of the land, notice of to be sent to se,en quarters, 273.
of the sea, notice of a, to be sent to the thre", territories nearest
the sea, and to the shipmen ofthe fourth territory, ibid.
\V AIFS :
found on principal roads, rules as to, 307. 309.
on bye-roads, rules as to, ibid.
\YAR: ,
a general, the world worthless in time of, 13.
much, the greatest disgl"ace that prevails, ibid.
\V ilSISG: to be given, in constructing certain buildings, 173,
175 n.
in felling a tree, 227.
\V ARR\STY: contracts of different persons, "ith and witllOut, 3,etseq.
WATER: fine for taking away, 149.
WATTLES: fine for stealing, 149.
WAVES: a man has a right to what he has brought over nine, 423.
WEDYESDAYS: flesh not eaten on, 15.
\VEIR: fine for taking away fish from a, 149.
\VmsKERs : 'eric '-fine to be paid for shaving bare the, of men, 355.
WHITE-BLOW:
meaning of the term, 140 n., 3:;211,
just payment forthE', :137. 539,
600 .
I
DEX.
WOLVES: going against, one of the three services of attack,
3.
\V OMAN:
the longing, eJ\..emption of a, in cases of the gratification of
desire, 205, 20í.
husband of the, how far liable for injury caused by l-efusing
food to, 205, 207.
exemption as regards a, in jealousy, 293.
abducted the, rules as to relations of, to husband, children,
and family, 401, 403.
children of the abducted, belong to and may be sold by the
motIIer's family, 541.
if sold, must be sold to the father, 541.
rules as to property of :1, when taken away either by force or
with her own consent, 543.
shaving the belly of a, through wantonness, penalty for. 355.
\VO)[AN-BATTLE: exemption as regards women in a.
W1.
\V m.IEN:
contracts of, not hinding without the authority of thei,.
guardians, 11.
secret, children of, not to be gi'oen to the church, 3
.
exemption of, in a woman-battle, 291.
as regards a brooch on the hosom of, ibid.
penalty for sUPl,orting and advising the, of foreignp,'s, 3R
.
\VOOD: exemption as regards a pitfall in a, 273.
\VOOD-AXE: 107.
\VOODEN VESSELS: in a forge, 'eric'-fine for, 1921/., 193.
WOOL OF THE SHEEP: remark as to the, 377.
\V ORJ\ERS :
}Jl'ofitable, meaning of the term, I G8 n.
unprofitable, meaning of the term, IG7 n.
WORLD:
the, worthless at three }>priods, 13.
threp things prpvpnt tile worthlessnpss of the, 13.
\V OUND :
tent, meaning of the term, 35811.
,arious rulps as to tines for the, 359, et scq., 537.
WOUKDING: exemption as regards the interposer in, 287.
\V OUNI>S :
breaking out afresh, after consequences of, 533, 535.
testing time for different, 535.
ZEUSS: Grammatica Celtica, quoted, 141/.
J)UDLlN: Printed by ALEXAXDER TROM, 87 & lIB. Abbev-.treet,
For Her Ì\\dje,t).'s Stationery Office.
. .
II.
f-'Ll- Lj- I 160
1l
7DJ
tt
.ur
Ii
,
/
' 0.
/-jdJ-.l1J
ftk I -fMI--,
30 :J-O
_ _ ,
't
Cþw) 3/;.
1o
1zfl
gt., 8lf,
1
10 Ik tfI.v If2-
l'It) .1-,/6,
U I/.v
190
JrM" q 1M
22-6
-tfV'6
2.7fJ
.t
rf.-l?v
?D
.,,;Jt If Of,
:l."l2-
?wt
ilteRd/ul.J
"f
ÌtJÞ
.z.72.
f/.J,
<.G
-'
JZ2-.
.Ao t.
Jt; 1# 336" .;-'ð 8.
rkM 36Z.
tþv!k
-lJt tj-Oi
M,
JûM'
<1 k-r#)
.J
ot-
';2-11
/fJof
[d/P yo
JS'/;
5"o2.-1j
1'3l-, z.
7v
12.[,.2., l-:'
\ 1/ Fin 17/
3
.3
dM-..adv L">tlf, '1 (
<1f' + .?if. f)rot) ,-gg.3fj
- -
.r
I
ft !!:!: t- ,lS".
'to
-..
.,
,
\,.'
-"--
-
"
;av
..
..
.iI-
.i
iio:
. r
- _.
t,...,,,
"'\.
"!!
1
--
....
,if .r
.
l
.'
-
.,
... . J.v
t"
-liT'
-\
J!
"'
.
"ft:
IF'"
i-
J:,'j-,
,
--
.I..
'
'
'
....
II '
,"
-
Jt
.
..
""
l'
..
\
"
-1
.J
,..
,,
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11