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 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 -<!. 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 ..,.::) ,;: 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 . , ,.. ... 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.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 givees, 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 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, 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 Traning 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 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 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 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 : 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 reare<,p1t 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" ilons, 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< 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 lIt 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 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-iarcement 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 . 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 !'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. :;,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. !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: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 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 Ecclesiat 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 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 preuccession of monk... occupying tIlt' religious lllona<;tic establishment undt-'r the rule uf the ablJot, and po"sessing, in a qtl 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 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<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 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 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 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" 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 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 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 baubject 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' , 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, eonatiùncm 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- feage 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:;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 wrontance 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 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 foll 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'dwarf'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 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.  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 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 selectet 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'-clmixteenth 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< 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 nRisupplément de terrI's à cultiver." * * "( 'I' qui 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. 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 ltla11(!, 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 ". eot 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.tinrd 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 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 F0<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'Sente, 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\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 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'Irk 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 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 [riition, 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 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 exie opinion of Mr. Stoke :-" At fint sight all merel acquainted with the old Irish Gloe 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 Hit 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 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<, 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 .,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;< 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<IUp<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< 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. 'rLa1t1. 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 <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$, , 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 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!'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'M0 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""'" C,CF/-IfO, lLxl ,z-JO, natural tr the adopted , as well as v ..wecivm-tt100ng--thelll. Ikc- cf CCfp1<.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 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 feIt) 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. >-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 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. 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.< 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 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. 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' rcÞjl 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{;ale 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 haa 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!!!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 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 sbaul1Þ rA1à (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 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 aecnma'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; 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\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< 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<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 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< 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' 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< 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' 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... 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 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<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< 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. 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, 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- 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 lt 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, , 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 1weastmf 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< 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' tre.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 /.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." · 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,echce"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. 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< 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< 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'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''''-' 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.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 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, 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:;<<. < 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 secon15ba\> 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>, < ocur '00 cmdl1um a fe0111 ocur a UlrCI t:uca'lJ 1n fep.ann, '1' t:p.wn cach ne1ch torar ocur < 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'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<!,.-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]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, 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 fieil71litt.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.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 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! 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 tAe1t1öLep. 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 pCO 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 (. 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. <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 ""'- 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, 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, " '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 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 ((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<1p' La cechLap 'Oe 1 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' 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 , '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(....,.. 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 Ina t:111'l>lb, CI'l> 111 a t:ancntpb, CI'l> 11ai]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: 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 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 , 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 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 <? 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; ut;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<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\. . ... 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 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.!pg-, + 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, 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 tho1 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 In 'Oam la nar bo lelr, '1' CUIC reOIt:: an'O, pach rOlmlume. ma t;ucal> m 'Oam tDll1 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 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 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::rt11'01UEon 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< 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 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< 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 fk ) 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 '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 be '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<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

>,r;11 ! THE BOOK mun bu't> e't>, Ir a bm'i; amU1t 111 macrtab1ta relpCrean; OF , AICILL. ocur mac rtabpa Empe ; ocur 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 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 Whence is it inferred that two-thirds are due to the father "'f,'''1f< 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-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- 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 {( 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. 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'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 ,r u<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. be11aflls 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. 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'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 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 lJaina, 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 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< 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 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>< 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< 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 < '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< 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 Pe]. '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 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< 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 ? ? ..;", ;,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) 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 paraphrae, 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 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(( 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 ras1tlb 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 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. 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"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< :w 'Dtler Ut1 < e-o 'DO bta't> nÎ U<<'D. OCUI' 'r arE abm r;1n naenma'D r< --- 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<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 , '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 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<, 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 rt80 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 hat: 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 divia'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< 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<1len,t.-For "Ial/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<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 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- 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. 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?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, _ 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<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 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 d1 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; 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 >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<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:; 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<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 ,<,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<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 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'<,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- . 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 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!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> 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'!'. \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. 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