Crith Gabhlach (The Ordering of Society)

[Fool Coyote]

The ancient laws of Ireland - Vol. 4

OF TAKING LAWFUL POSSESSION.

Tribes quickly obtain possession of land ; F TAKING
it is secured to thenT by the work of their PMBMI
horses; landsjrfi^wCtaken possession of until proof fw^ju
is givenrhe shall sooner get possession if from the
middle entry ; it is not true possession.

Quickly obtain, i.e. it is sooner quickly that the good men obtain actual pos-
session of the land by bringing the" requisitssfcttaking possession into it. The work "Ir. -fr&rjtJt**, '
of their horses, i.e. it is through the work of their horses it is justified to them. These ^ elow
Lands are not taken possession of, &c., i.e. equal ' cairde,' i.e. he had the
territories before, i.e. I hold or I maintain that their land is not retained by them after
that manner. He shall sooner get possession, i.e. quicker or sooner does one
obtain possession of the land from the date of the middle possession-taking than
from the first possession-taking. If from the middle entry, i.e. it is not to
the man who brings the means of possession-taking into the land for its possession
for the first time that the possession of the land belongs on account of its
first possession-taking ; he has but an inception of right alone respecting it. If it
is, it is well, if not, there is a stay of ten days and the possession is his then. It is
not true possession, i.e. it is not to the man who brings the means of taking
possession into the land and over the fence of the land for its possession that the
possession of the land belongs on account of the first possession, unless he makes
the second entry.

Whatever man brings the means of taking possession it is thus lie
shall bring it : he shall give notice for the space of thirty days upon
the land ; he shall serve notice every day respecting it during the
period of the first ten days, or accorditig to others, on the first and
the last day, and on the middle day; mul, unless he has been
responded to during that time, he is to go over to the border of the
land, having two hones in his hand (by the bridles), and having a
witness, at the end of the first ten days ; and law is due to him
at the end of five days in the first ten days, and at the beginning
of the middle ten days, and he shall remain within for a day and
a night ; and if he is not responded to then, he is to go out durin"
the period of the middle ten days, and law is due to Mm at the
end of five days of the middle ten days and he shall serve notice* > Ir.
upon the defendant during the period of the middle ten days ? *""* Jy

or, according to others, it may be on the first day, and on OF TAKIXO
the middle day, and on the last day, and unless he is responded to, p OSSE .; SIOX .

he is to go over to the land at the end of the middle ten days, and

at the beginning of the last ten days, into the third of the
land, he having with him four horses and two witnesses. He is
to serve notice 1 during the period of the last ten days ;' or according r r .
to others, it may be on the first day, and on the middle day, and on ^."'' ce l " J
the last day ; and unless he is responded to, he is to go out, and he
is to serve notice" on the defendant every day outside during the
period of the ten last days ; and unless he is responded to, he is
to go over at the expiration of the last ten days until he arrives
at half (middle point of) the land, having eight horses and three
witnesses with him, one-half of them of the chieftain rank, and the
other half of the Feini rank : and unless law is oifered to him before
going over, it is not unlawful for him not to come out until it is
ascertained whether the land is or is not his ; and if it be certain
to him that law will not be given to him before going over, it is
not unlawful for him that he has not given notice, provided that
he has brought the means of taking possession. o^tfLa^- trA*A.
Entry over a \2all7 & nrst entry ; la^fhdoes not
legalize possession ; an entry of tAvice ten days ea- yC r .
laoxi-losg-killed ; ik-is-laaLthat- takes possession ,of
the land for liimfrom the other party} fy ,''

Entryovera wall, i.e. over a fence ; or, according to others, to bring a chariot
in au entry upon land without forewarning. Law does not legalize posses-
sion, i.e. that is a law which does not justify possession of the land for him.
Entry of twice ten days, &c., ie. the means of possession-taking which he
brings into it after the two ten days. ' Cian remur,' i.e. the middle ten days and
the last ten days. Long tilled, > Le. long it has been with him under tillage.
Law that takes possession, i.e. that is law which takes away the possession
of the land for him.

Ninue, son of Matech, one of the Feini, went northwards into
the country of the Uladh -with three horsemen to visit friends,
and they unharnessed their horses in a land which had previously m m n ba cip. a neocha af an. eicin.
tfcrc ianAim nnbi Concoban.TTlac Hera, ocuf ben.cfi-oe fiacb
cedita f.op,f an a can*;uf aneocha af in cifi, ocuf cotntoj
ni caficaf af, ocuf 750 cotnbi fetba DOib a come fin
celtaig ]

that the land had been theirs before. They did not remove their OF TAKING
horses from thence. The person whose land it was then drove
their horses from it by force. They afterwards applied to
Conchobhar Mac Nessa concerning it, and he awarded a fine for
p 347 ' unlawful eispokian upon the person who drove the horses out of
the land, and an equivalent of what was driven off it, andhe gave
them lands in proportion to their family.

There are seven lands with the Feini into which
distress is not taken, into which not cattle arcbrought .

oil and the entry are-seized upon ; a dun -
fort without land ; a church without a green; a land
on which there are plunderers; a deadly place of^.j***'
murrain; an island ha the sea^o which cattle -are
brought: land tt^icfes^cures the rent of a 'Nemidh'-

O *

person ; land which the chief divides after the death
of the tenant, where a hole is made, Avhere a stone
is put.

There are seven lauds, i.e. there are seven lands which the Feinechus men-
tions, and into which it is not lawful to bring distress in the shape of cattle into them,
to take lawful possession. N'ot cattle are brought, i.e. cattle are not brought
to take lawful possession of them (the lands). It is men, i.e. it is men that are
suffered or required to be brought into them, or to be brought to take lawful possession
of them. Quickly are seized upon, Le. it is quickly or soon seizure is made.
Exaction, i.e. distress (Inuful seizure). Entry, i.e. legsd. A 'dun '-fort
without land, i.e. without having land, such as Dun Araill. A church
without a green, i.e, such as Cell Gabhrin. A land on which there are
plun(lerers,i.e.ottw4wlrt4wt44hayfebeeuiUled. A deadly place, i.e. a place
of death, where there is murrain of cows, i.e. 'bas-loc,' i.e. a place where they are
carried off by death through cow-plague or a place of death where there is disease.
An island in the sea, i.e. a deadly island which U s'itnahibaT>; no ip ppecpa T>ach5abait

[Fool Coyote]

OF TAKING LAWFUL POSSESSION (cont).

make entry shall be distrained for the rent of the ' Neimedh 'l-person. It is not OK TAKING
right that an entry by cattle be there on account of the dignity of the chief whose ^ ^^

landitis. Land which the chief divides, i.e. theland which the chief distri- ^_

butes, a ' dibadh '-land; or it is a responding to the distress of a kinsman, i.e. the chief
retains his share in it, i.e. he does not cede it during his reign, and when he will
divide the ' dibadh '-land he is not obliged to briug the means of taking possession
into it. Where a hole is made, Le. a mound, i.e. wherein a hole issunk in the
division of theland. Where a stone is put, i.e. a pillar-stone, Le. after its being
jawJosed, i.e. the boundary stone, i.e. there are a hole and a stone and the chief's
standing stone there in order that his share there may be known.

If distress be brought into either of these seven lands, there are
five ' seds ' due either by the guilty person or the kinsman ;
or, indeed, according to others, it is five ' seds ' by the kinsman, and
there is nothing due by the guilty person until damage arises, and
when damage arises, there are five ' seds ' due by the guilty pel-son.
If it be cattle that he has brought to take possession in this instance,
it is fine of law&l-actuaLpossessiea of land with chief and tribe,
or of land without chief or tribe. The same number of cattle which
is brought to take possession of the other lands is the number of

men that shall be brought to take possession of these lands.

Fergus Forcraidh and liri Anbui who was wife to Blai Briughaidh, but whom
Conchobhar Mac Nessa bought after the death of her first husband, Fergus Forcraidh.
The woman wished to come to her brethren to demand land of them, i.e. Conall
Cernach and Ainrirgin .

The daughter inquired of Sencha, son of Ailell, whether it was right for her to
demand land. He said at first that it was not right for her to demand land ; after
which "the blotches "i were raised on his cheek in the night. He said on the next day
that it was right for her to demand land ; and he told her to bring man-possession-
taking into it, so that grain-blotches were raised on his cheeks a second time. His
mother then told him that the means of possession-taking which he should have
decided should have been sheep, a kneading-trough, and a sieve.

She then took two worthy female witnesses with her, namely, Gabhal, daughter
of Midhe Minn, and Cethra, daughter of Minn, and they took Minn's chariot

1 The blotches. These were said to appear on the face of Kings or Brehons who
had riven false judgments. Vide Senchas Mor, vol. i., p. 25,

or, according to others, it was Ciannaclit, the daughter of Connla, son of Tadhg, OF TAKISO
son of Cian, son of Ailell Olum. Took possession, i.e. fairly seized on. Dis- LAWFUL
tant farm, i.e. they had been fora long time before in the 2>oss?ssion of her l
brethren, without good seetrrrry ; or, according to others, it was far away from her land
- } ? * W as, i.e. from the Feini' to Uladh. Two ewes, &c., i.e. she settled or arranged
them thus, she held two ewes yoked in her hand. She passed over the
mound-fence, i.e. she went ever the fence of the land to take first possession of
it. She challenged the tribe, i.e. I hold or insist that it is on the land of
the tribe (not of strangers) she brings this true claim. She afterwards
remained, i.e. she remains quiet after doing thus nnich. The Feinechus, i.e.
according to the Feinechus. For eight days, i.e. she is to be a_petrtianpfor the
space of eight days, and she is to bring four sheep with her at the end of the middle
fourth day, after the expiration of the first four days. Women witness on the
occasion of* the first entry, i.e. two women witnesses to be brought by Ir. In,
her at the expiration of the middle four at the end of the first four days ; the
land is equal to the honor-price of either of them, viz., Gabhal, daughter of Menn,
and Eichne, the base b daughter of Menu. That she did not sell, i.e. she did b j r .
not sell the honor of her first marriage. Infourdays after, i.e. it is right to grant Chariot.
her the benefit of law on the fourth day of the last four after the expiration of
the middle four; the time after that again. Is lawful, i.e. this is the
law of every woman possession-taking. She went afterwards, i.e. after the
twelfth day, i.e. she afterwards went to the head of her own property, to the head
other own land. With double stock, i.e. double the stock which she had
brought with her before the expiration of the middle four, are to be brought by her
another time again, i.e. eight sheep. A kneading-trough, a sieve, i.e. her
kneading-trough and her sieve, and along with them the thing by which she adjusts
her bfc)g, i.e. her baking flag (griddle) first of all. In due order she claims
h e r r i g h t, i.e. the thing by which she sues her security in proper order, i.e. her distaff,
and her comb-bag. Wit haman witness, i.e. with a man who is qualified to bear
witness, to give testimony ; for according to the intention of the author ofthit law it
would not be more difficult to find three female witnesses than one male witness. Is
afterwards, i.e. it is afterwards, after this, one other time; for if she be responded
to well according to law, this is the way it should be done, i.e. if she be responded to
at first, or in the middle, it is after four days that law should be ceded, at the first
entry, and it is shorter every time, the more she is put to trouble', until



with them. And she took two sheep on the first occasion, and four on the fourth
day, and eight on the eighth day; and she went in this manner at once with two
sheep and two female witnesses with her, and remains afterwards. She brought four
eheep on the eighth day, and eight on the eighth day, and thus took the possession."

1 From the Feini. She had to come a long distance from the territory of the
Feini, in the south, to the country of Uladh in the north.

2 Pat to troMe. The following explanation is given of this passage in
O'D. 410: "If she is responded to at once or in the middle tei-m it is in
four days that her right is to be ceded to her in the first entry, and it is shorter
every term the more trouble is brought upon her, so that it is "a judgment of
precinct" to herself, i.e. that the term of its arrival to them, Le. a pledge in the
precinct, or five days to solicit the defendant, i.e. five others if at the middle notice
her offer of law was responded to, or she is to remain for a time, for she is nearer to
the actual possession each time."

[Fool Coyote]

finally afterwards. She is entitled to OF TAKIKO
four days, Le. it is right to cede her law at the expiration of the middle four LAWFUL
days after the first four. She is entitled to two for her middle, i.e. it is
right to cede her law at the end of two days of the last four after the middle
fonr had leen attendedlo. For her last to speedy judgment,' i.e. within
all the judgment lies for her at the end of the last four days, i.e. she is to bring all
her cattle into it.

If it be certain to him" that law will not be ceded to him, it is
guiltless in him to go over with all his cattle. If it be certain to
him that it (law) will be ceded, it is full fine of lawful aetnnr-pos-
session that it is to be paid by him ; whence is derived the rule of
law, " let a notice of thrice ten days be geven, when it is doubtful
to him whether law will be ceded to him or not ceded, " i.e. within
the tenitory he is tarrying while he is supplicating- the defendaat
on the last occasion, but at his own house on the first and middle
occasion.

That is, every time that the men give notice of thrice ten days
the women give notice of thrice four days, and whatever number
of horses the men bring it is the same number of sheep which the
women bring ; and the extent to which the men enter into the land,
is the same extent to which the women enter. Every time that
it is women who bring the means of taking possession it is a notice
of thrice four days they serve on the defendant, and it is thus they
serve it, i.e. they serve notice on the defendant every day during
the space of the four days ; or, indeed, according to others, it is on
the first day, and on the middle day, and on the last day ; she is to f , -j^
go out at the expiration of the first four days, and in the beginning
of the middle four days she is to go again over the mound-fence of the
land, having two sheep with her and a female witness, and she is
to remain" there for a day and a night, and unless she is responded i r . #e.
to she is to go to her house, and to remain there during the space
of the four middle days, and to serve notice every day on the
defendant during the period of the four middle days ; or, according
to others, it may be on the first day, and on the middle day, and
on the last day, and she is to go out then as far as the third of
the land, having four sheep with her and two female witnesses,
and she is to remain there for a day and a night, and unless law
is ceded to her she is to go to her house and remain there during
the space of the last four days ; and she is to serve notice every
day on the defendant during the space of the last four days ; or,
according to otJiers, it may be on the first day and on the last day
she is to go out as far as half the land, having eight sheep with
To him. There is some error or defect in the context here.

1 ' Cruid'-land. Over the 'd' of the word 'cruid' is written the usual con-
traction for 'no,' 'or,' and the letter 'b,' suggesting that the word might be
'a hand or fist.'

her and three female witnesses, and she is to remain there for a OP TAKING

. LAWFUL

day and a night. If law be ceded to her then, they are to make p OBSKS8IO s.

regulations according to law concerning the land ; and if law be not

ceded to her, it is safe for her though she should not come, but she

is to bring all her cattle over at the expiration of the thrice four days ;

and even though it should have been certain before going over

that law would not be ceded to her, though law had not been given

to anyone, or law of actual-possession touching it, but she is to go

over with her cattle and with her people at once.

A notice of two days is to be given by women that they will
enter* upon the land at the expiration of the six days j it is IT.
accordingly in eight days, and a stay of four days ; they go over
accordingly in twelve days.

The men give notice of thrice ten days touching their lands ; at
the expiration of the first ten days they shall go over the mound-
fence of the land, each having two horses with him, and a wit-
ness who has honor-price equal to the value of the land ; and he is
to return to his house within the space of the middle ten days,
and at the expiration thereof he is to go over as far as the third
of the land, having four horses with him, and he unharnesses them in the land, and he has two witnesses ; i.e. each man of them has honor-price equal to the value of the land ; he is to return to his house and remain there during the period of the last ten days, and at the expiration thereof he is to go over into the land as far as he may think proper, having eight horses with him and three witnesses, each man of whom has honor-price equal to the value of the land ; and lie shall remain there until law is ceded to him concerning the land.

The difference between a woman possession-taking and a man
possession taking is this, that which is ten days for the man is four for the woman, and what is man witness to the man is woman witness to the woman, i.e. until the last four days in which man witness is requiredfor both; what is horses for men is sheep for a woman. Into the 'cruid'-land 1 or 'sliasta'-land of her mother she brings this possession-taking, and there is no son ; or according to others, it is into the land of a father or a grandfather, and there is no male heir.

[Fool Coyote]

Brigh in her truth by4wjt-taie-jtt<%Hieftts cured F TAKIX
him ; it is she that established the woman possession- POLIOS.
taking, so that the blotches on his cheeks were
concealed after the true judgments were passed.

Sencha adjudged, i.e. Sencha adjudged in his first judgment that the female
ss.on-taking should be the same as the male possession-taking. So that
there were blotches, i.e., so that the blotches were raised on his cheeks after
baring passed the biased judgment, i.e. after partial judgments.

P.righ cured, i.e. Brigh, daughter of Sencha, cured him according to the truth
true judgment. Is it she that established, i.e. it is she that con-
rted the female possession-taking. So that the blotches, i.e. that they
sunk down, i.e. that the swelling of the blotches disappeared after the passing of the &tveM*0 Of fa ' )

e judgment ; and hence is derived the rule, that though a person may compose a
atire, or do other injury to another, if any relative of his should compose a eulogium
after that, the Utter will nullify the satire; or if he should make good the injury
that is the same as if he had done so himself. 1 Concealed, i.e. hidden.

That is, the judgment which Sencha passed was that the female
possession-taking should be like the male possession-taking, and
blotches did rise on his cheeks ; and the truth of Brigh cured him.
And the judgment she passed was that the women should have
a possession-taking of their own. And from this it is evident
that whatever damage a person attempts to do, if a friend or a
relative should undo it, it is the same as if he himself should
repair it.

be not ' Feinechus,' lawful possession is gwen ; its F
price is to be offered with sheds, cows, food, 1 habi- POBMBMO
tation, with attendance of cattle, except in the case of
the laud of Conn Cetcorach, or of land devoted to the
support of a mansion which is a 'Nemeadh '-person's.
It is by means of a this kind of entry every land is * ir. Out
seized on by the Feini.

In an entry on land which has fences, it is not
equally the property increases in ' seds ' ; it is decided
if it be with kine he takes the possession, it is a ' cum-
hal ' that is mentioned. Unless it be in a lawful
possession in a land without a chief, without a tribe,
the cows which are brought are forfeited.

Doighin 2 dost thou know, i.e. her son ; said Nin to Doighin, that thou
mayest know, or that thou mayest have pleasant or delightful knowledge of lawful
possession-taking according to the Feinechus ; i.e., Nin said this to Doighin, i.e., to a
son of a wise man of the ' Ulta'. I n t h r i c e t e n d a y s, i.e., in three times ten days
the legal right of possession is to lie conceded, or it is after the three ten days it is
required of him to bring all his cattle there. If thou consult wisdom, i.e., if
tliou consult thy own wisdom, or if thou confer with wise men, it is thus thou
wilt do. From land of one 'cumhal,' i.e., as I am treating of land from
the land of the value of one 'cumhal' to the land which is worth thirty ' cumhals,
and this is a cote of " certainty for uncertainty," i.e., whether it is a land of the
value of one 'cumhal,' or a land of tits value o/ thirty ' cumhals,' it is one custom
that is for the entry. It is one custom, i.e. the law of the possession is the same
according to the pleasant or delightful knowledge. Though the length of the
'foirge'-measure should be doubled, i.e., though the doubling of the
'foirge'-measure should tuke place throughout, it is so it will be.

Two horses in hand, i.e., he is to have two horses, held by the bridlei, in
his hand until he reaches the border of the land, and it is not free for them to
unharness them there, and if they be unharnessed at once in the/land there will be
a fine of five ' seds,' i.e., half the freedom of the land, or it is the old land half free,
for eating its grass alone, but fully free is the land of which the grass and the corn
are eaten ; but the land is half free of which the grass or corn alone is eaten
J5 order, i.e., between the mound and the tillage. Worthy witness, i.e , pure
witness to see that he entered lawfully into the land. That his legal right
lie ceded to him, if there be Feinechus, i.e., if the usage of the law

of the Feinechus be granted to him, the bencft o/Iaw should be given to him at the end OF TAKIXG

of five days of the middle ten after the first ten. If there be not Feinechus, LAWFUL

&c., i.e., if the usage of the Feinechus law has not been ceded to him. He returns

after that, i.e., within thy welfare lies after that point of time, fi nin Mm ill* i"imt of ir, //^ J^fl-ll/U, et t .

the two tens, i.e., from the end of the middle ten and the beginning of the last ten days.

Four horses, i.e., he is bound or obliged by law to bring four horses with him

into it, at the end of the middle ten days, i.e., it is free for them to unharness them

in the land in this case, and it is not free in the former instance.* Two male Mr. Before

witnesses, 1 i.e., to bring with thee two men to bear testimony, i.e., three.* "*

There \a a similar division, i.e. they divide what seems like the truth, or

they have the truth to all appearance. b In three days to be conceded h Ir- Simi-

to him, if the Feinechus be submitted to, i.e., if the custom of the <"v >

law of the Feinechus be ceded to by thee, it is right to give him the b'-ntjlt of the

law at the end of three days of the last ten, after the middle ten, ut supra, i.e., as it

is before, and the notice goes into the reckoning, unless it is given as an addition

mentioned in the notice to it that it is ten days.

A notice of two days is given by a woman, and she comes into the
land at the end of the two days, and thei-e is a stay of six days after
this, so that she enters upon the land at the expiration of the six
days. It is thus eight days and a stay of four days, she goes over
after this, it is thus twelve days. 3

He ret urns after this, i.e., within the territory thy welfare lies aonnornijig the
full determination of the three ten clays. At the end of ten, i.e., at the expiration
of the last ten days. Eight horses he is obliged to have, i.e., eight horses
is what he is bound or obliged by law to bring with him to the house or end of the
land to regain it. Three men witnesses, i.e., three men as testimony to be
brought thither. With thee of the Feini grade, i.e., with thee, of the grades
which are according to the Fcnnechus. There is a similar division, i.e.,
ut supra. S p e e d y j u d g m e n t, i.e., if the custom of the law of the Feinechus be ceded
to thee, within the territory, every decision lies for thee at the end of the last ten days.
If there be not Feinechus, i.e., ut supra. Lawful possession, i.e.,
the possession of the land becomes legal for thee when thou hast been legally
viewing it during that time. With sheds, i.e., for their lying there, i.e., that
they may sleep. With cows, i.e., the cattle. With food, i.e., the feeding
of that cattle. With habitation, i.e., to erect a habitation of houses/for them ^
in which they may remain. With attendance, i.e., to bring cattle witntheeinto
itfor relief. Except the land of Conn Cetcorach,'i.e., hewas thefirstthat
obtained the third of the ' dibadh '-land in Eirin, i.e., the land on which the sensible
adults sent their first obligations of tenancy, i.e., a common 'dihadh'-laml, for a notice
of three ten days is not necessary concerning it, or to bring requisites for taking
-ion into it, but it is to be divided at once, or equal stock is to be brought into it;
but as to the land which is lent or let for rent, it is into it the requisites for taking
possession are brought Support of a mansion, Le., a 'dun '-fort without
land, or a church without a green, which has no mansion to support it, i.e., the
land which has no green into which cattle might be brought to take possession of it,

here to take possession of it, but persons, i.e., a ' dun '-fort without land, or a church
without a green." 'Conn Cet-Corach,' appears to mean, "Conn of the first con-
tract," i.e., who put the first contract, or engagement (' cor') upon the tenant.

such as Dun Araill, for it is persons that are brought to take possession of it. Which OF TAKISO
is a 'Xem h eadh'-person's, 1 i.e., or the land by which the rent of the 'Xeimhedh'- LAWFUL
person is truly secure.! to him, such as Tir Mughain or Rot Admairi. It is by FossF - es ' ox -
means of this e n try, i.e.. it is by this form of taking possession every land is
takon possession of into which cattle are brought to legalize the possession accord-
ing to the Feinechus.

Land which has fences, i.e., an entry on the land about which there are fences.
It is not equally the property i n ere a ses, i.e., it is not equally pro-
perty increases for one who has wide entry into a land with fences and into a
land without fences, i.e., I do not deem that thing the same which brings increase
of wealth to the owner of the land as to paying ' seds' to him for taking lawful
possession of the land with fences around it? and a land without fences around it, but
more is given for land with fences around it ; or, I do not deem that the same which
brings increase to the man who brings means of taking possession into it with cattle
of horses and without cattle of horses,' but it is more when he has cattle of horses.
If it be with kine, i.e., if it be with cows he enters to take lawful possession.
It is a 'cumhal' that is mentioned, i.e., a 'cumhaP worth six cows is
mentioned as brought to take possession of a land without chief or tribe
alliance. Unless it be in a lawful possession, i.e., if he says it is hU
own land that he has taken possession of, it is in that case this is so. Without
a chief, i.e., without a chief of the same tribe. Without a tribe, i.e., without
agreement, i.e., of saints and just men. The cows which are brought are
forfeited, i.e., the cows which are brought as unlawful means of taking posses-
sion are forfeited, together with the ' cumhal ' aforesaid.* Ir. Bffor;

That is, this is a ' cumhal ' of the value of six cows, and this is
equally given as the fine for taking possession of land which has" a b Ir. H"iO T>amaib ocuf
eacaib ocuf buatb, if T>ilif uile co jxo log cumatle ma. mbet> qxai.

[Fool Coyote]

A nother version If it be a land that has" a chief and a tribe, and OF TAKING
if there are eattle, it (the fine) is a 'cumhal;' if there be not cattle, it p^^ox.
(the fine) is a half ' cumhal,' and this is common in this case both to -
plebeian and noble. Should he seig ill ono day upen -a lawful
number of people, and horses, and cows, they are all forfeit as far
as the value of a ' cumhal ' if there be rj.tt.1e' on the land.

If there be not cattle, it (the fine) is half a 'cumhal.' If it be
cows he brings, and he has horses, and it is less than the value
of a ' cumhal,' the forfeiture of the stock is the leniency of the case,
if there be cattle ; if there be not, it (the penalty) is half forfeiture
of the stock and a ' cumhal ' in severity of law, if there be cattle. If
there be not cattle, it (the penalty) is a half ' cumhal.'

In the case o/land that has not b a chief and a tribe, if there be b I'- WM-
eattle, it (the penalty) is a ' cumhal '-fine and forfeiture of stock by
nobles, and a half 'cumhal' and forfeiture of half the stock, if there
be not cattle. If the entry was made by plebeians with atoek, it (the
penalty) is full forfeiture of the -stock. If there be not cattle^ it is
forfeiture of one-half the stock.

Unless it be into lawful land.

That is, unless it be on the supposition of its being his own land
he brings his requisites for taking possession of land that has not*
a chief and a tribe, both in ' Cain '-law and in ' Urradhus '-law, i.e.,
unless he seizes land by force only.

In the case of land that has not a chief and a tribe,
the kine which are brought thither are forfeited. 2

That is, land which has not a head of a tribe, i.e., jEelLwislres, i.e. ,
of the tribe, i.e., without relatives, but fierce and lawless people, i.e.,
the forfeiture of the kine which are brought to take unlawful
possession, together with the ' cumhal ' aforesaid, whether they (the
people) be plebeians or nobles, i.e., all the kine are forfeited, i.e.,
when it is a land without a chief without a tribe, it (the penalty) is
forfeiture of stock and the three ' seds ' as compensation for the
t^-iss ; or, according to others, it is three ' seds ' only when three
days are not allowed after the proof being had that the land is not
his (the claimant's), and the price of theft is the cause of this ; but
when it is forfeiture of cattle and the three ' seds,' there was a

(V /.' yO f

perfect fence then ; if, however, there was only half fence, it (the
penalty) is forfeiture of one-half of the stock then.

The possession of a'ra^ech'-person 1 in the third of [^
the land AoZefc until juSgment or decision f* ft ad He is POS*.
' ejected after three days, unless he has good land with
fire and habitation, with fines of a green. These
are the fines of a green to be paid by the manctfho
makes an) unlawful entry: a 'sed' of the greatest -87. *> '
3 the choicest ofa!! 'seds'; the worst



'sed' for profits, with the costs o/the necessary d
fence of the man whose property the ground is.

The possession of a 'raitech'-person, i.e. a ' raitech '-person suing lost
property, i.e. the bold advance which a man whose house the road is, makes into the
land until he reaches the third part of it, and it is mercy that has been extended
to him in permitting him to enter as far as the third of the laud. Until judg-
msnt, i.e. until judgment is given respecting him, i.e., until judgment is given
on the point.' Or decision, i.e. acertain decision of his residence there. Ejected
after three days, i.e. he is cast out after three days unless that good land
belongs to himself, i.e. after judgment. Good land, 3 i.e. the laud which is
uu ler him. With fire, i.e. together with fire which has been made there during
t'uttime. And habitation, i.e. with habitations in place of houses which
hive been built there during that time. With fines of a green, i.e. with
the fines which he has on his green to be paid by him, if he has made an
illegal entry. These are (he fines of agreen, i.e. these are the fines
wliich are recovered from him out of the green if he has made an illegal
entry. The best 'sed,' s i.e. the best among 'seds,' i.e. a milch cow. The
choicest of all, i.e. the 'sed' which is most to be chosen by all, i.e. the
' samhaisc '-heifer. The worst 'sed' for profits, i e. the 'sed' which is
least to be chosen for profits, i.e. the ' dartaid '-heifer worth 8 two screpalls. r r . Of.
With the necessary defence, i.e. to be paid by the ' raitech '-person, i.e. he ,
the man whose property it is, is under the necessity of contesting the land against
him (the l raitech '-person), i.e. taking possession of land that had not b a chief b I r . Wilh-
that had not b a tribe, and he went farther than as far as the third part of the out.
land. The man whose propertythe ground is, i.e. to the man whose
property the ground is all these fines are given.

Thus may the ' raitech '-person be known ; a man who was up
to this (the time of tlie action) abroad, living apart from the tribe,
and who does not know that he had not land, 6 and he comes with

mercy is shown unto him at his going over, so mercy is likewise shown unto him
I iy giving him three days for departing, when it is determined that the land is not his
property according to law, and whatever part of his duty he neglects, there is no fine for
actual-possession upon him, except these ' seds,' namely, an incalf cow, a milch cow,
and a ' dartaidh '-heifer '

When it is cattle for taking possession the ' raitech '-person brings, mercy is ex-
tended unto him in permitting him to enter as far as the third of the land the first
day ; and when it the penalty') is a ' cuinhal' and forfeiture of stock from another for

his cattle, and his neighbours say the land is his, and judges OF TAKING
tell him to go as far as the third of the land. He shall pay a cow p OSSES . SIOS .
and a ' samhaisi '-heifer and a ' dartaigh '-heifer as the price for
grazing the land ; and he shall be ejected after three days after
failing to establish his claim ; and it is a land to which he thinks
he has a hereditary right, 1 for he thinks it is his ; but if it be a
laud to which he has not a hereditary right it is forfeiture of stock 2 ,
as we have said before.

There are three sorts of ' raitech '-persons ; a ' raitech '-person who
gets into failure, and a ' raitech '-person who deserts at failure, and
the king ' raitech' ; and the reason that the king is called 'raitech' is
because he owns his share of waifs of his road, and also from his
generosity. When it is distress it is thought fit to take from the
' raitech '-persons, except the king, a notice of two days is served
on the ' raitech '-person of the chieftain grade, and a notice of one
day on the ' raitech '-person of the Feini grade, ut supra diximus.

When the stock is forfeited by all others, it is three ' setls' that are
paid by the ' raitech '-persons. This is the severty of the case ; but
the leniency of it is, the part of it which is less, the forfeiture of
the stock, or three ' seds,' it is it he shall pay. Or, according to
others, three ' seds ' are due from the 'raitech '-persons, and forfeiture
of the stock from all others for fiaving come to take possession as
far as the third of the land.

It is safe for the ' raitech '-person though he goes as far as the third
of the land in a territory that has* a chief and a tribe, even though i r . inono,
POSSESSION. feoic o n.aicec 1 cecc co cn.icm fealba, ocuf Tjitp naii\iite 6 cac.l

[Fool Coyote]

mayest reach the truth, thou shalt sue the nobles, F
thou shalt sue for what is estimated in a meet POSSE Jiox.
covenant from all who are bound as sureties for their

-i i c c^srt, ife- t*Ws& -t^Tt-o &e(.fi/ru'^' It. a

neighbours ; tor no one ev^f- ouco For "more tha-n -ts
ailowe^f4tHH-^s-Awwi^-pme by the Feini, for the tribe
and the 'Fir-giallna,' 1 and the mother's tribe shall
interfere ; for these are the three parties who are
appointed to dissolve covenants.

He who gives property which is not lawfully his own,i.c. the
person who gives a thing to any one whicli was not lawfully in his own possession,
but in the possession of the thief by theft. Shall pay the fi n e s , i.e. it is he
shall pay for it with fines for stealing besides. W h o b u y s , i.e. he who purchases.
Without stealing, i.e. without thievery, i.e. without secrecy, i.e. whe-pee-
he original theft at once. Without concealment, i.e.



without secrecy, i.e. concealing the theft afterwards. With purity of con-
science, i.e. three sureties,^. he takes here the ' sod,' or if there be security,
i.e. without honor-price, without ' smacht '-fine, without compensation, unless he
hr>s taken it. G o d , i.e. of the church. And man, i.e. the laity. If his con-
science be free, i.e. having no knowledge of a betraying conscici:

Ifrfm dnaji*v e s t , i.e. thou meritest or thou earnest if they have come to kfct, -fjd, fa
the decision of the judgment. That thou mayest know, i.e. that thou
mayest know, or have a knowledge of the order or form of covenants according to
justice. That thou mayest reach the truth, i.e. that it is the thing
which gives one the right to enter into covenant that should go as his honor-
price. Thou shalt sue, i.e. I deem it true that thou followest up thy suit
upon the goodly men ; or what is free to thee is to go security as far as th^ honor- y
price. What is estimated, i.e. the thing that was estimated originally for
them is to go security for the tiling which was fixed according to right, i.e. to go a j r y ,,
stire/y as far as his honor-price. Arebound, i.e. that is what all bind on the person with.
who was permitted to go surety for his equal grade. For no one ever sues, i.e.
for no one is to sue at any time according to the Fi'inechus for a thing which is not
permitted him to go security for, i.e. for anything which is greater than his honor-
price. Forthetribe, i.e. the tribe shall impugn 1 ' the compacts, for it is a false b I r . Come
covenant for him to go security for anything which N greater than his honor-price, against.
i.e. if it be greater than his honor-price, the tribe and mattes and chiefs dissolve
it (the contract). And ' F i r g i a 1 1 n a ', i.e. the men to whom is due the service
or the vassalage, i.e. the chiefs shall oppose the compacts. The mother's, i.e.
the third 8 party are more numerous, i.e. the mother's tribe impugning" the compacts, a j,. f llln
For these are the three, i.e. for these are the three who were appointed ing w;
or ordained to disturb the unlawful contracts which one shall make. If it
was without necessity he gave a tiling away, or he does not procure a thing
though he promised, no price is got from him for it at all. When the debt is
fastened, and he thinks he will get it, or he gave it away of necessity, its price is
paid then.

Thou shalt not bind anyone to pay in copper, or sil-
ver, or gold, but a chief; thou shalt not bind anyone P>SRKSRI.>X.
to pay in kine like those of Cinnia, who has not kine ;
thou shalt not bind anyone to pay in land, who is
wanderingf unless he-possesses land/; thou shalt not
bind a naked person to pay in clothes, unless he has^
rjgj got ra i ment . i t i s as a nut without fruit to adjudicate 4
ift-i f ifl-^hts maftner. The promises of all shouW be
adjttsted-ta_their ability.

Thou shalt not bind, i.e. thou shalt not impose the payment of silver, or
gold, or copper, except upon the noble, for it is with him they are likely to be, or
it is he that is likely to get them. Thou shalt not bind, &c., kine, i.e. thou
shall not impose Ihf payment ofk'me like the kine which Cinnia the merchant 1 used
to bring across with him, upon the person who has not got kine, or who cannot easily
procure them. Thou shalt not bind land, i.e. thou shalt not fasten payment in
land upon the person who is moving from place to place, unless it is found that he has
land, or unless he has land to support him. Who is wandering, i.e. upon a
wanderer. Thou shalt not bind clothes, i.e. thou shalt not bind payment in
raiment upon the man who is bare naked, unless he has clothes to relieve him. Unless
he has got raiment, i.e. unless li finds clothes quickly. It is as a nut
without fruit, i.e. it is a thing which is according to the wisdom of judgments ;
as the shell of the blind nut- without fruit is profitless, it is likewise profitless
to do these things. The promises should be adjusted, i.e. the thing by
which the promises of all are to be estimated is the thing by which he is kept to
his promise, i.e. the thing which he has, i.e. the ISrehon estimates every one's promise
by his power to fulfil it.

If by liis knowledge, or by his ignorance, i.e. if the plaintiff have
knowledge, and the surety have; knowledge, or the plaintiff have
not knowledge that the ' sods ' which he^rcjimBed on the occasion

'



were not in his possession, it is upxM^tEcsQCunty'olSi-tftff^-geacls '/ 4

for-'anarraL^Qa'K" 3 If the plaintiff be ignorant, and the surety has

knowledge of the fact, tte^tevg^Kh^i-^^ H* Tub (ft **', 0*&f, Qiffc

That is, every debt which a man promises when he is in his
rich condition, or he thinks he will get it from another, and if
necessity should arise, or if it should be afterwards taken from him,
it is then it falls under " ' arra '-goods for ' anarra '-goods." (

In every case of debt which one promises who is not in a rich con-
dition, or which he docs not expect to get, the ' eric '-fine is as he
a blind nut; for it is of no profit to him who breaks it. It is so with a person
who binds upon one a thing which he has not. For no one should promise a tiling
which he has not."

3 ' Anarru '-goods. Vid. vol. 3, p. 150, n. ' Arra' means the thing promised or
a biniilar one, ' Anarra,' a different thin;;, as e.g. a ' clip ' instead of a 'cow,'

[Fool Coyote]

promised, that is, when it is not in the possession of the debtor, and OF TAKING
it is not likely to be got by him, and the security knew it, it is to POSSESSION.
be paid as it was bound upon him, with addition and increase. -

If he had it (the property) when he made the contract, and it
passed away from him by necessity, it (the case), is ^aeeermng-to ( "
nnrfe for ' a.rmia^jJ-gnQfl g " i.e., when the debt is fastened,



and he thinks that he will procure it (the tiling promised), or neces-
sity has carried it from him, he is forgiven the value.

If it be not necessity that carried it away from him, or he
cannot procure it though he promised, no value is taken from him
for it at all.

Heirs of females claim on rightful covenants of
equal value made with a female ancestor, relative to
' coibne '-property 1 for the fair-chief of the tribe con-
firms the subject matter, unless he be the sixth. 2 Brigh
pronounced judgment on female covenants. Lands
are estimated by their stock from every related head ;
they are estimated according to the amount of their
property from the great-grandson to the great great-
grandson, except in regard to the 'curnhal senorba'; of etr>.7
according to the size of the land it (the ' cwnlial-
senorba ') is produced. The tribe property is claimed
backwards ; it is divided between three tribes ; an
extern branch stops it, if the five persons of the
' Geilfine' -division perish. Except as regards the
liability of relationship, if the family become extinct ;
except a fourth part to the 'Findfine.' From seventeen
men out it is decided that they are not a tribe-com-
munity. The ' fuidhir '-tenant does not bear the
liability of relationship, unless there be five houses to
relieve each other. If there be five houses with
complete stock, they share the property of the tribe.

Heiri of females claim, i.e. their sons and their daughters claim the thing
which the contracts of their mothers bind, 3 i.e. the women claim to bring means

Of equal value. In C. 854 the follow-in;,' explanation is K ivcn : "ConiajxT>o,
.1. (Mount alii 'comorbc,' i.e. the thing which was in the p.i^essin,, ,,f n,,',
mother is what the daughter claims, or the thin- which the nx.thcr -ivrs ainl
bequeaths to her."

8 The fair chief of the tribe confirms. In C. 855 the following readin- ,,f this
Kloss is given. " CCiliren. a]x i naij-c, pinnp)xuc1i, i.e. the ' I'innsrutli l-Vineclmis,'
of the ' Geilfine '-division, are as the five brothers, like as the five fingers of the
hand, each of them obtains the ' dibadh'-land of the other.

For it binds, i.e. no one shall take unto himself to make vp the 'Geilfine '-
division any one of his tribe in general, although there should be but one man of
the five brothers alive except himself, i.e. the son of the man who has the ' dibadh '-
land shall not obtain it, i.e. he is the sixth in relation to the five; he shall not
alone obtain the 'dibadh'-land which his father holds, but the sons of his brothers
f/iall share it with him, but it shall be divided among all after the death of the
man who obtains the lands of his extinct brother. The 'dibadh'-land of the
ioceMed shall be shared by the sons of his other brothers, for the right to i(

of taking possession into the land about which the other women made true contracts. OF TAKING
Rightful covenants of equal value 1 relative to 'coibne'-property, LAWFUL

ower over them to compel them to restore
the land after their time. 3

From ever}- related head, i.e. as I am about to tell concerning the 'dibadh '-
land of each chief to whom the laud belonged ; all the ' geilfine '-division here became
extinct, and all the land is obtained by the daughter in right of her female 'coarb'-
sbip ; or as I have to tell concerning the ' dibadh '-land of the head {chief) to whom
the land belonged, i.e. the daughter, it is then the land is divided among the three
tribes To the amount of their property, i.e. the property on the land is
estimated according to the number of the tribe after the extinction of the daughter.
Kroin the great grandson, i.e. of the 'geilfine'-division, i.e. it is they who have
1 1 m me extinct, or it is they shall divide the land. To the great great-grandson,
i.e. of the 'deirbh-fine '-division. Except the 'cumhal sonorba' 4 , i.e. ' inge'
for ' except,' I make an exception here, but the ' cumhal ' which is wSweTf ffthat
land, the seventh of SSdSiiKHi^famT and this is in the possession of a ' geilfiue '-chief

is not more inherent in his son than in all, as is set forth in the 'Corns Fine'-
law.

* After t/iiir lime. O'D. 421, adds here, "ocuf ip e pUiic fjeitpeine naiTj-
meye; and it is the chief of the ' geilfine'-division, who binds it" (oliliffes Ike
i'ii"/ii''- bcicl: the tan/Is).

* The cumhal tennrbn In C. . C '.">G, the following note is added, which is not
found in any other of the c :

Except a 'cumhal tsenorba,' i.e. a chief head of a family who sustains the
companies attending the king and the bishop and who is substantial to bear liabili-
ties. When the ' deirbhfiue ' obtains the ' ilibadli '-land of the ' gcilline,' all their
number present give the worth of a ' cumhal ' of land to this man, and to every other
In ad of a family whatever, one after another, who is not near enough to be one
of the tribe. The reason that it is given to this man is, because he is bound to
pay for the liabilities (The families)

[Fool Coyote]

1 ' Gottnacs.' That is, sons who support their fathers in old age, or sons of a
sister.

Seventh. The Irish of this passage is found in the left margin of p. 9, col. 1,
of the MS. E. 3, 5.

3 Three tribes C. 850 adds ; " the three we mention here, i.e. the chief, the

church, and the tribe."

4 Except a fourth. In C. 857 where there is a running commentary on this
text, the following note is added here :

'Except the fourth of the ' innfine '-division, i.e. after the extinction of the
' geilfine '-division, so that their abode is desert, then the 'deirbhlme '-division
obtains all their ' dibadh'-land ; but the ' innfine '-division gets a fourth part from

'fuidher '-tenants and 'gormacs.'i And the force of 'except 'OF TAKING
here is, because there is no division of this cumhal, or it shall not exist at all LAWFUI
until all the tribe shall have become extinct ; and from this is derived the toying OSSE6SIOS '
that there shall be no ' cumal senorba ' until all the tribe is extinct.

Seven persons obtain, with triumph,

The ' cnmhal senorba,' not scanty ;

The sons of the three first wives fair,

And the sons of the ' adaltrach'-woman likewise ;

A ' fuidhir '-tenant and a fine ' gormac,"

And a ' daer-fuidhir '-tenant the seventh.'

According to the size of the land, i.e. this is produced according to the
nobleness of the laud as to greatness or smallness. The tribe-property is
claimed backwards, i.e. thehereditary right of the ' geilfiue '-division back-
wards to the ' deirbhfine '-division who have their share of it when it is divided
among the three tribes. 3 The three tribes, i.e. the 'dibadh '-land is divided be-
tween the three ' fine '-divisions, i.e. the 'deirbhfine '-division, and the ' iarfine '-divi-
sion, and the ' innfine '-division. An extern branch stops it, i.e. the branch
by which the land is detained is a branch that is hitherto extern to the ' geilfine '-
division, i.e. the 'deirbhfine '-division. If the five, &c., i.e. in this case, if
after the death of the five persons which arc the ' geilfine '-division, the land is divided
among the three ' fine '-divisions, and in this case there is no female heir. Except
as regards the liability of relationship, i.e. it is thus they are as regards
the paying for the crimes of their relatives, for as they share the ' dibadh '-land so they
shall pay for their crimes. If the family, i.e. after the removal of the family of
the ' geilfine '-division out of their land, i.e. out of their territory, it is then it, i.e. the
land is divided among the three 'fine '-divisions. Except a fourth' part to the
'find-fine'-division, i.e. there is nothing for the 'inufine '-division except the
fourth of the ' dibadh ' land of the ' geilfine '-division, i.e. the sixteenth part. From
seventeen, 5 i.e. from the seventeen men out, it is then they are distinguished, so
that they are not a tribe community from that out, but a community of people.
The 'fuidher'-tenant does not bear the liability of relationship,
i.e. the fuidher gabhla '-tenant, &c., i.e. the ' fo-daer '-person, i.e. the natural
bondman does not bear the crimes of his relatives. Unless there be five
houses to relieve, i.e. unless he has five houses to relieve him, i.e. the five who
have stock contisting of a hundred head of cattle, and unless they belong to one chief.
If there be five houses with complete stock, Le. if the five houses, the five
who hava stock consisting of a hundred head of cattle, of each ' daer '-man of them
be complete ; if there be five men of them each man having a hundred of cattle,
every one of them obtains his share of the ' dibadh' land and pays for the crimes of
the others, like every free native, i.e. when they have the five stocks of a hundred
head of cattle, and are under one chief ; and they shall pay the one-fourth of the
crime of the free native, and the fourth part of the ' dire '-fine of the native free-

them of everything which is divided, both lands and ' seds.' In like manner are
their crimes paid for.

> From seventeen. From this out they do not obtain any share ; for the ' geil-
fine '-division extends to five, the ' deirbhfine '-division to twelve, the ' innfine '-
division to seventeen men.

man's beast shall lie paid to each a/them for his beast. They share the tribe OF TAKING
p r o p e r t y, i.e. it is delightfully each of them shall share the tribe property of each pJ
other.

It is not a son that obtains the property of a tribe
in ground to be valued, unless the title to the land
be nearer to his mother than to his father.

As to a mother's land her sons shall divide it from
the days of her public testament. But the half of it
reverts to the tribe of the original owner of the land ;
the other half according to the true judgments, 1 the
seed of her flesh divide. The tribe divide their por-
tion by just partition. There comes not by right of
relationship but the right land of a ' bo-aire '-chief
to the extent of twice seven ' cumhals ; ' similar are
the 'biatach '-lands of the ' bo-aire '-chief : as to land
given up for a road and respecting which there are
obligations, it is to be restored ; half ' dire '-fine is

O '

paid out of it.

It is not a son that obtains, i.e. it is not the son who takes the patri-
mony of the -whole tribe of the mother, he takes no more than a seventh of dibadh '-
land.

If it be 'cruib' or ' sliasta'-land, or land appropriated by the father
for his daughter out of afiection, it is forfeited by the tribe to the
sons of the husbands, being exiles and foreigners, while they are
doing good with it ; they also have what the tribe leave vacant or
desert. If it be a son that a first wife bears to a native free-
man, the two-thirds of these lands are forfeit, because the sons
of native freemen bear (pay for) liabilities ; but if he be the son
of an ' adaltrach '-woman, half these lands are due to him.

I n ground to be valued, i.e. when it is truly estimated that tho tribe of
the mother are cognizant of it.

A female heir is here referred to who has had the father's and
the grandfather's land for a time, and though she should desire to
give it to her sons she shall not give it.

Unless the title to the land be nearer, &c., i.e. unless the claim to the
land be nearer to the mother than to the father, unless it be ' crudh ' and ' sliasta '-
land of the mother ; for, if it be uch, the son shall take a share of it according to
the nature of hii mother's contract, i.e. whether she be a first wife of contract or
an ' adaltrach '-woman.

bound to restore the land from her, no portion of it would be given to the sons
afterwards."

[Fool Coyote]

The crime, i.e. the 'eric '-fine for crime.

" A female heh- This gloss is an addition by a later hand, and in smaller letters.
* The half of it reverts. In O'D. 422, the following somewhat different explana-
tion of this is given :

" But the one half of it is restored to the tribe whose property the land is by
right, i.e. it is divided into two parts, like every other 'dibadh'-land, when there are
sons in question, and if there were only daughters they take the one-half of it during
their time (the term of tlnir natural lii-es) with an obligation of restoiinfr it after



OF TAKING LAWFUL POSSESSION. 47

A mother's land, &c., i.e. the land to which claim is estimated from the OF TAKING
wealth of the mother, it is wealth to the person by whom the contract is made. >.T f ^^ y
sons from the days of her public testament, i.e. her son, ,
her .hare of it from the d.y that she made her will openly, i.e. her sons shall own
it from the day of her death, i.e. 'crubh' and ' sliasta '-land is here dMdl
the crime ' is divided before, i.e. a female heir' is here referred to, and her tr
not obliged to restore to her, if the tribe property be nearer to the mother
son in female succession than to the father, it is then the tribe claim by their
right of partition, for it is her duty to bring her tribe-property to the trit
But the half of it reverts,' i.e.butthehalfbelongingto the owner of the land
is restored to his tribe. And the force of the particle ' but' here is, because this
is the land of the tribe, and ' crudh ' and ' sliasta '-land are referred to before, i.e.
the force of 'but' is, that no part of the land of the father which was his poss
sion reverts, but his own proper land doth revert. The other half, i.e. the
other moiety according to the true judgment, or according to the true judges. The
seed of her flesh divide, i.e. it is partitioned to the seed of her flesh, i.e. her
children. The son of an ' adaltrach '-woman of contract and the tribe are here
referred to, and it is divided into two equal parts between them. T h e t r ib e by
just partition, i.e. the tribe come to make partition of it according to right, and
in this partition the tribe gives a land of twice .seven 'cumhals' to the daughter of
the highest 'bo-airech '-chief. There comes not by right of relationship,
i.e. there comes not of relationship according to what is right. But the right
land of a 'boa ire'- chief, i.e. except the land of the ' bo-aire'-chief,
i.e. half the land of the father goes to his daughter after his decease, without
th, ,,rice of hostmgs, without rent, without refection ; i.e. a land of twenty-eight
' cumhals' had been in the possession of the ' bo-aire '-chief of best rank, in this
,-asc. Twice seven 'cumhals,' &c., &c., i.e. it was adjusted by twice
seven ' cumhals,' so that it is the land by which the middle 'bo-aire'-chief or
the lowest ' bo-aire '-chief feeds her. Half the land of the father devolve! to the
daughter after the death of the father ; this is without the service! of attack and de-
fence. Land given up for a road, and respecting which there are
f.bli gations, i.e. land which is given for a road, i.e. concerning which there are
two obligations, an obligation upon the tribe to demand it back, and an obligation
upon her to give it up.

That is, land 4 which is given Cora mad is to he restored, and the
obligation is 011 the person who does not receive it for the stock of
the 'fuidhir '-tenant; it is by him half honor-price is paid to one,
half to the person who gives, and one-third to the person to whom
it is given. Honor-price to the person who gives it except the

their time, i.e. the force of the 'but' here is, he does not restore the land of his
father which he had in his hands (occupation) but he restores his own proper land ;
or, indeed, their true land is restored to its tribe, and the force of the ' but' here
i^, for this is the land of the tribe, and it was ' crudh ' and ' sliasta '-land we spoke

of before.

"A land of seven ' cumhals' she had here and the half of it goes to her sons, and
the half to her tribe, and she is an ' adaltrach '-woman that is lure treated of."

, Land, This commentary is found as a note on the lower margin of col. 2, p. 'J .
of the MS. E. 3. 5.

'Half ' dire'-Jtne. In O'D. 422-.,, the following note is added : "That is,
half the thing which pertains to the land, i.e. half the part which is given to
her out of her land, by the tribe, or indeed it is half to her out of her land
property, i.e. it is out of that the one-half is paid by the person who gives, and
one-third by the person to whom honor-price is given, except one-eighth to the
person who gives honor-price, and onu-sixth to the person to whom it is given,
so that it is two-thirds of one-fourth of honor-price that is wanting to the person
to whom it is given, which is equal to the one-sixth of the whole.

" Full honor-price is ijiveu to one for purity and worthiness and property, i.e. one
half for purity and worthiness, and one half for property, both live cattle and dead
chattels. The one-half which is <>n account of live cattle, i.e. the one-fourth of sheep?

(leaving off on stanza 49)

[Fool Coyote]

sixteenth part of honor-price to the person to whom it is given, except OF TAKING

one-sixth, i.e. its taking and its giving do not run like those of hired

land, or refection land, i.e. land which is rented* from a chief or

from a church. He (the son] takes it, however, unless the covenants * Ir '

of the female heir affect the tribe ; the tribe take it unless they have

verbal covenants. That is the obligation out of which half ' dire '-

fine is paid.

Out of w h i c h half ' d i r e '-fi n e i is paid, i.e. it is out of this is paid
half the part of the land which comes to her as honor-price, i.e. half her land; the
other half out of her property.

What obligation is mentioned here 1 i.e. an obligation on the
daughter and an obligation on the tribe. What the law says is,
" let there be an obligation on the tribe as to restoring to the
daughter when there is no son after the death o/the father, and an
obligation on the daughter to restore it (the land) again to the tribe.

In the 'Bruighrechta'-laws it is guiltless to look on
cattle g-Fa#iftg on the jointly-fenced land of a co-
occupant. Nothing shall be paid after the lapse of a
year, but after the custom of hire, for every wound that
is healed by arbitrators is Hot-te-be-settlediy the Feini.

It is guiltless to look on, i.e. restitution of the grass of his land need not be
made by the person who is truly looking on the land, for whom it is not right to correct
it, if it remain without being claimed until the top grows on the grass. Grazing them on a farm, i.e. they graze the top of the grass in the land, the neighbour being cognizant of it, i.e. for two Bights or three unprofiteWy on thy partner's land, Nothing shall be paid, i.e. ' eric '-fine shall not be paid for it after his being cognizant of it for a year without claiming, until its top grows upon that grass again. But after the custom of hire, 5 .e. but the grass which he lets for hire according to the good or pleasant custom, for though one should be cognizant of the hire without claiming it until the top grows on the grass, he is not the less entitled to have his hire paid to him. For every wound, i.e. for every damage to grass that is repaired by arbitration cannot be further sued for ; ' de ' is a negative, so that there is no further claim for it, according to the 'Feinechus'-laws i.e. as regards' 1 wound and grass, compensation is not paid, but the ' dire '-fine of tlie wound and ' smacht '-fine. tween.

honr-price, one-fourth for land and dead chattels, the half of that for land alone, so that it is the one-half of this is given to her, i.e. the sixteenth part. Or, indeed, it is a balance that is struck between land and dead chattels, or the one-sixteenth for either unless they are equalized according to arbitration."

But after the custom of hire. In C. 859, the following note is given: "But after the manner of hire. The custom of this is, whatever is contracted is enforced, but if no contract has been made, no payment is made, to the trespasses in the case of co-occupancy, unless they are claimed for within the year after the trespass, shall not be enforced."

"Feinechus'-law. That is, whatever ia submitted to arbitration and decided by it must be considered as finally settled. There can be no further appeal to the' Feinechus'-Iaw.

(The wounds. The Irish of these two paragraphs is found in the right margin of col. 2, p. 9, near the bottom.

Bit people. See Vallancey Collect., vol. III., p. 89, for an attempt to translate this and other passages of the Brehon Laws.)

That is, as to the wounds, 1 indeed, unless they are claimed for OF TAKING
before they are healed, and no necessity interferes, no compensa- PO^ESSTOS
tion is paid except body ' eric '-fine alone.

If it has been neglected to sue for the grass until other grass
grew in its place, it is a case of forfeiture of the compensation, and
a repayment of the ' smacht '-fine for that thing ; the ' eric '-fine for
the damage becomes obsolete to a person, and in this case compen-
sation is lost to" a person through his neglect. I r . Fal!i

That is, the case here is of a man who was cognizant of the com- /"""
mission of a trespass of co-occupancy against him, and he neglected
suing for it until the grass grew ; sacks are paid for it, and com-
pensation is not paid, and this is the only instance in which com-
pensation is forfeited by a person through hia neglect, and sick-
maintenance is not paid for the neglect.

f>

Constant is every old law-,d every territory e<

covenants. When any territory is uncovenanted, it is
then every disputed case is brought before the king.

Constant is every old law, i.e. perpetual is every old arrangement, every decision of those which follow with each other, or every old law of them with each other, or every law according to the ancients. When uncovenanted, i.e. when the defendant or the plaintiff has not a Brehon. It is then every disputed case is brought before the king, i.e. it is then every disputed case of crime and judgment is brought before the king, for it is with him the solution of every difficulty is likely to be. Disputed case, i.e. tfcetbg-bugbt to be settled. <fhis b ir. mth- -aebles-, from unworthy conduct towards his people. 3

He is not a king, i.e. he is not to be styled king unless he has hostages for preserving his kingship or his tenancy. To whom the rent of a king is not given, i.e. therent paid on 'daer'-stock tenancy, i.e. malt. Fines of law, i.e. the 'smacht'-fine of the law. When the king gets, i.e. when he receives the submission or allegiance which we have mentioned before. It is then the 'dire'-fine is paid, i. e. it is then the honor-price of a king is completely paid to him, i.e. these submissions, i.e. hostage, rent, and 'smacht'-fine. Free from f a 1 s e h o o d, i.e. respecting judgment poised, or false witness lorna, or impropriety done by him. From betrayal, i.e. without betrayal of the nobles; and it OF TAKING is not more lawful for him to betray the plebeians. 1' ro m unworthy conduct, i.e. with respect to false decision of his law, or with respect to wounding or O$SKSS1O; ' robbing his people ; for if he had been guilty of any of these, he shall not have the honor-price of a king completely.

There are seven proofs which attest the false-
hood of every king; to turn a synod out of their
noble Mis '-fort^izcbe without truth, without law,
' dide aire,' unless they (the demands of the parties)
were beyond right ; defeat in battle ; dearth in his
reign ; dryness of cows ; blight of fruit ; scarcity of
corn. These are the seven live caudles which expose
the falsehood of every king.

There are seven wi tn esses, i.e. there are seven things as it were wit- which attest his falsehood against every king. To turn a synod out, i.e. to turn the synod of the church out of their noble 'lis'-fort (meeting-place.')
Without truth, i.e. respecting certain fines, i.e. without justice. Without law, i.e. respecting ceding to them uncertain debts. ' Dide -aire,' i.e. unlaw- fully. Unless, &c., beyond right, i.e. "unless" for 'but,' i.e. I make an exception here, if it is after offering of law by him, it is not unlawful for him then. Defeat in battle, i.e. by an equal number in a lawful battle fltljJy i.e. half his price of honor is taken away on account of it. Dearth, i.e. to be without wealth, i.e. that famine should be iii his reign. Dryness of cows. i.e. failure, i.e. to be without milk, i.e. destruction of the milk. Blight of fruit, i.e. after its appearance, and it is afterwards destroyed in the bud. Scarcity of corn, i.e. the disappearance of the corn, the vanishing of it, or a small quantity of corn being in existence. These are the seven live candles, i.e. these
above are the seven things, as if living candles, which expose or exhibit to view his falsehood against every one who is a king.

There are three falsehoods which God most avenges upon every territory ; additional gain by a false contract; deeiskrti by false witness; false judgment given for hire. 1

Three falsehood s,i.e. there are indeed three falsehoods for which God takes ^ "

worst vengeance upon the territories. Additional gain by a false contract, even for - a true contract, i.e. to get reward by his saying that there it where thwft-is none. Which God avenges, i.e. for which God showers down his vengeance. Decision by false witness, i.e. to apniwof false witness.

False judgment for hire, i.e. false judgments to be passed by him for a payment or hire, when it is not lawful even to pass them gratis.

bondman m&i his chief]; of a son writ his lather ;<4.A vf i>
tj^a monk *wM his abbot; $f an 'ulach '-person with
another if alone. For the chief, and the tribe, and the
church, will redeem (rescind) every good contract and
every bad contract which are made with their sub-
jects, except what they themselves order them; for
these are the three dfeeve eeWnants mentione'd by



the Feini ; the covenant with a subject of a church,
the covenant efot servitoc of a chief, a covenant
with fugitives from a tribe. For the chief, and the
tribe, and the church, may annul every covenant of
this kind to which they did not consent ; for they
are bound not to be remiss about covenants, because
if they should be remiss about covenants, then they
do not annul the covenants of their subjects.

For in the judgment of covenants with the Feini the ^
covenants of three are difficult. The ternal covenants
with the Feini are where one man commands it (the
covenant) and another forbids, for to him io the com-
mand who has not forbidd^, what he has heard. * **

There are four covenant s, i.e. there are four persons who make a wwwant, U
and proceedings cannot be maintained icc/Wfy against them though they are
^ for it, viz. :-a covenant with subjects in the absence of their chiefs ; the
,-hic.h dissolve these covenants inA-ss tlipy havR gvenjheir_cc,p.^nt to OK rntfaag
s^them ie it is thus it is, or ' smacht '-fine is paid in this case, though com-
provisation is not paid. Though they are proceeded against, i.e. though there.rr-t.ed. A bondman with hi s chief, i.e. the chief may repudiate it, if ii so please him. A so n with his father, i.e. sic oc. A monk with his abbot i e. uotiHM-WS for his crimsUstit !

'ulach '-person, i.e. because he will deny all about it, i.e. an ' ulach ' who is without a witness, even though they be in the plain, it shall be so. W i 1 1 redeem, i e it is no wonder that they should not distrain them, for they redeem every tract which they make. E v e r y g o o d c o n t r a c t , i.e. every contract of full value. Every bad contract. i.e. frauds. Which are made with theirsubjects, i.e. which are put upon their dependants, upon their subjects; W h v then should they not dissolve or deny the contract which they should make with themselTes (the chitf*). Except what they themselves order, i.e. but

(1 Ternal covenant! In C. 8CO, the following note is added:

1 Ternal covenants, i.e. of three persons, i.e. three contracts upon him, i.e with a chief, with the church, and with an extern tribe, whichever it be his share is forfeit.

Forbid*. Dr. O'Donovan read as in the text the first syllable of the word ' anncupsa.pe 1 ; in the MS. there is simply a ' with two diagonal strokes over it; theu.ua! contraction for 'n ' being a horizontal stroke over the letter which n ' should follow. The reading would thus be " ac tipga.pe." The reading in

C. 860 is " "

[Fool Coyote]

what they themselves order them to make with another person, for they are not able OF TAKINT,

to dissolve these, but as they would their own contract. For these are the LAWFUL three defective covenants, i.e. for these are the three covenants which are contracted of which the ' Fenechus '-law makes mention, and their ' ba ' i.e. their good is defective from the persons who make them. The covenant with a subject of a church, i.e. in the absence of the heads. The covenant of a servitor of a chief, i.e. a covenant which is made with those people who are doing service to a chief. A covenant with fugitives from a t ribe, i.e. a contract made with the fugitiveswho areof thetribe, For the chief and the tribe, &c., may annul, i.e. for the chief, and the church, and the tribe, abrogate every contract with which their subjects are not satisfied ; and the force of the ' for ' here is, for we said before there are three defective covenants, i.e. a 'ied' which is between (owned by) many persons is here referred to, and the person who sold his share of it, forfeits it, and as to the person who did not sell it, it is not forfeited by him. For they are bound , i.e. for it is right for them that they be not remiss or negligent in setting aside the unlawful contracts which their subjects make, i.e. that they be not remiss in setting them aside after knowledge of the contracts. Because if they should be re miss, i.e. for if they should be negligent, or if they should be remiss, and not impugn the covenants. Then they do not annul the covenants, i.e. it is then they do not set aside, or they do not abrogate the contracts which their subjects make, by opposing them.

For they are difficult, i.e. for they a r e among the things that are most difficult in the judgment of the covenants according to the ' Fenechus '-law. The ternal covenants, 'Le. the contracts of three persons or three parties. One man commands it, i.e. commands the doing of it, i.e. forbids 8 the non doing of it. For to him is the command, i.e. for it is from that principle is derived that it ia the same to one to command its doing and to forbid its non- doing.

which /amount ecJy to one-third of what has been OF TAKING
ordained in fraudulent covenants by the Feini. POSSESSION.

Except the covenants which are forbidden by the
Feini, nothing is due without deserving it, for every
property which is unsafe is entitled, after nuptial J W *///, a 4

to the Brehon, except *
in case of poverty 1 or prohibition or want
poorer. ^^Lop<.rt)- nnnrwmiiig her. For
her divorce, i.e. when her rightisdueto her by contract. For these are the .

covenants, i.e.for these are the compacts which do not extend but to one-third of the lawful contracts. What has been ordained, i.e. what has been settled or ordained in trrersr/Sie ot estimatiog-coEenaiTts of which the Fenechus treats. Except the covenanti whi^i are forbidden, i.e. except the above forbiddeu contracts which the Fenechus mentions, for they are all dissolved, i.e. except these forbidden contracts, 3 it is not lawful not to have a part of the thing deserved under exprecced contracts according to the Feiui, i.e. one-third. Without descrying it, i.e. nothing ia lawful at all for which its full value has not been paid. For

every property, i.e. every property which is unsafe after her perfect dower of OF TAKING
contract and covenant. 1 Isentitled,&c., tobesafe,i.e. her property is entitled LAWFUL

to be made secure according to the sentence of the Brehon, or as the Brehon shall

say respecting it. Except poverty or prohibition, i.e. as to giving, i.e. a

covenant with one who knows the proclamation, i.e. a covenant concerning stolen

property with a thief. Or want of power, i.e. giving overmuch nuptial

present to a harlot, for that is an unlawful covenant, and nothing retwiCTS-it-bkid-

ing, i.e. by violence, or the bar (barrier'} of a man who purchases for small value, Cp- J

i.e. the covenant of two sane persons with knowledge and warranty, or according fOZ- 2'

to others, a covenant with subjects.

There are three covenants entered into by the
Feini which the parties who have claims 2 dissolve
that of a woman to whom a nuptial present is given,
if concealed from her father, ( if concealed from the
father, it is to the father alone this nuptial present is
due ) ; a covenant which is made without the know-
ledge of the chief of a tribe, who ought to be present
with them; a contract of adoption which is made
unknown to the ge&tipmng tribe. For these are the 6^rr^f \
bad covenants which the parties having claims dis-
solve, and which are not binding.

There are three covenants, i.e. three covenants there are which are fastened, as mentioned in the ' Fenechus '-law. D i s s ol ve, i.e. ' di ' is a negative, i.e. the sureties do not bind the parties for whom they enter into security, i.e. although it mwJ?e eat-jipofl_ th'" a raprnm-h. A woman to whom a nuptial present is given, i.e. unless she be of equal family, or unless it be a lawful nuptial present though she maybe of equal family. If concealed, i.e. if it be for the purpose of defrauding the father this is done. It is tothe father alone, i.e. it is to the father alone this nuptial present belongs, and the woman is forfeited by the person by whom it is given.

If the daughter knows that it is for the sake of defrauding the
father the covenant of her nuptial present is made with her,
whatever proportion of the nuptial present the father is entitled
to, he is to be paid it in ' seds ' out of the woman's own lawful
property, until a complete nuptial present is made up ; and though the woman should commit a crime for which her nuptial present, or a portion of her nuptial present is liable, the father pays no part of it ; but if the daughter does not know that it was done for the purpose of defrauding, she is guiltless, and the person who makes the contract of marriage shall pay.

a The parties who have claims. The term ' peiceam ' means either creditor or debtor. It is found also in the sense of an advocate or pleader. Here it seems to mean the persons whose authority was necessary to render these contracts binding.

(To the head of the W6e.-The Irish gloss may also mean, Mo the most perfect person who is of the tribe.'

' Tinol '-marriage collection.-' Tinol' was the collection of gifts which the tire, and friends presented to the woman on her marriage. Vide vol 2
page 34fi, n. 3.

T Tot That i9 ' " She WSS diV rCC(1 and after rar > Ir. From.
equal family ; and one-third of the ' tinol '-marriage-collection is
brought by her to every man to whom she goes, &c., as it is set
forth in the judgments of ' Eidgedli. ' )

If after the death of her f ather, i.e. in thecase of him whoisthenext OF TAKING
person to the chief this is so. If it be he that had sustained his crimes, LAWFt i.e. if it be the head of the tribe that bears the weiyht of t>& crimes. One-third of the second, i.e. of the second nuptial present, it is of the second nuptial present her father, if living, would have had two-thirds; and a brother gets less than a father because he is less anxious to command the girl respecting the third of her 'tinol '-marriage-collection, if-hei "pi U[it rty -ts-gene from her. If she goes away of necessity, i.e. by. ilealh_4_cr_is-diiMced ; for the force of the doubt is, if it be without necessity she separates, it shall not take away from him the proportion of the nuptial present which he would get. F r o m t h a t o u t , i.e. as I am treating of this case, i.e. the going away with necessity. It shall be distributed, i.e.it is fairly distributed according to the arrangements of the ' Fenechus Maw with respect to its going to the nearest division. For a share of the nuptial present, i.e. for there is a share of the nuptial present of every woman due to the head of the tribe, as he has a share for going to the lewd woman, to whom approach is had notwithstanding notice ; and from this is derived the ctittom that he has it (a share) to the twenty-first case, for this is his right in the case of the harlot, for going in unto her by force, whether she be a harlot who sills or a harlot who does not and the honor-price is divided by him according to the nature of her relatives, into other distributions. His s h a r e , i.e. of the ' smacht'-fine. It is by this arc k-rro-wn, i.e. it is by this the judgments of. the good and bad women are .{wwsed, i.e. of the lawful and unlawful women. Proper, i.e. good, i.e. of good women. Improper, i.e. of bad, i.e. of bad women.

[Fool Coyote]

Part two
JUDGMENTS OF CO-TENANCY HEBE.

WHY is co-tenancy so called ? That is equal customs J <.-"-

iij MKNTS >>r

(' cumagnais '), because the customs are equally good CO-TK.V-

for all reciprocally to levy ' smacht '-fines and penal-
ties ; or, otherwise, it is co-tenancy, because it affects
the chief equally ('cuma') with the plebeian ('aithech'),
and the 'airchinnech' 1 the same as the shepherd.

Judgments of co-tenancy, i.e. these are judgments that are passed concerning the common tenancy, concerning the holding in common, or concerning the common custom, the common usage, i.e. concerning the common custom of holding land.

Why is co-tenancy so called? i.e. why is the holding in common so called or denominated. Equal customs, i.e. that is common usage. Because the customs are equally good for a 1 1 , i.e. because the usage is equally good ('commaith ') for all reciprocally. ' Smacht'-Bnes, i.e. the park*. Penalties, i.e. the fine for man-trespass, i.e. which are imposed, unless the common custom (' comaithces ') is lawfully observed. Or, otherwise it is co-tenancy, i.e. another reason why it Is so called is, it is a common holding. Because it affects, &c., ie. for the reason that it is in an equal degree, or in the same proportion that the chief of lordly grade and the chief of the Feini grade are bound to receive it, and the ' airchimiech ' of the church is to receive it the same as a shspkwd in the church.

Question Whence does co- tenancy arise ? From
several heirs. In what manner is this ? The heirs,
in the first place, partition their shares and their
possessions, and each of them guards against the
other, and each of them gives a pledge of indemnifi- <*ivv&
cation to the other.

Question Whence does co-tenancy arise? i.e. I ask whence
does the common custom arise? From several heirs, i.e. from the noble heirs enercasinyjJ the land. In what manner is this? i.e. in what way is this? The heirs partition, i.e. the landholders fairly divide the land in the first place, of which I shall relate or tell. Their shares, i.e. their 'dibadh'-land. Their possessions, i.e. th father's or the grand-father's lands. Each of them guards against the other, i.e. each of them against the other. Each of tJremgiv. c of indemnification,

Le. a pledge of two ' screpalls' to observe the law o/'the co-tenaucy; i e. 'di ' is a negative, that the fine for the injury done by the cattle of each would not full upuu the other." To the other There seems to be sonic error or defect in the MS. here.

1 Pledge, 'Targillc' here signifies a pledge of two 'screpalls' lodged with a
neighbour for the payment of damages.

(Completed in a month. Dr. O'DonOYBB has made the following remark on this point : " The language is here very rude r.nd unsatisfactory. It could be im-

for the stone-fence. The new custom, i.e. itisjrcll s3?d by (according



-.

to~) pew knowledge that it is not the SStSSy of a surety that is given to observe
the co-tenancy law, but a pledge.

Question How is a co-tenancy made ? It is di-
vided in three days for the stakes ; the fencing is
begun in five days ; the fence^fimshed in ten days;
the perfect fence is completed li^month. 2

QuestionHow is a co-tenancy made, i.e. I ask how is the common
tenancy made? It is divided in three day s, i.e. the land on which the
stake (paliiade') fence is to be made is divided in three days. The fencing
is begun i n f i v e d a y s , i.e. the fence is commenced to be made at the end of five
days, and two days are allowed to them to cut its wood. Thefenceisfinished
in ten days, i.e, it is truly finished as to its reaching the condition of a naked
palisading at the end of ten days, excepting the blackthorn crest at top. T i: e
perfect fence is completed in a month, i.e. the complete fence is
brought to its completion at the expiration of the mouth.

proved thus: Quajre How is a farm of common occupancy formed? In thrco days
the land is marked out for fencing. The fencing must be commenced in five days
(of wlm-h two days are allowed for cutting'the timber). In ten days the fences
must be'set up and finished, with the exception of the blackthorn crest at top, which
must be completed a month after the work has been commenced."

Question What is the first thing in the co-
tenancy? The division precedes fences. Every CO-TENANCY fence is liable to a legal conditions; every pledge to damages ; where the requisites commanded by law
are observed there are no penalties ; where there
are fines, the things commanded by law are not observed.

Question What is the first thing, i.e. I ask what comes foremost in
the common co-teuancy? The division precedes fences, i.e. I deem it
foremost that the division of the laud should be made before the fences. Every
fence, is liable to legal conditions, i.e. every fence should be made by
what the law commands, i.e. a spade for making a trench, a bar for a stone
fence, a hatcl.et for a strong fence, a billhook for a ' felma '-fence. Every
pledge to damages, i.e. the sacks, every relieving pledge, or the fine for
man-trespass. To damages, a pledge of two 'screpalls.' Where the
requisites commanded by law are observed, i.e. where the thing
commanded is observed, i.e. the spade for a trend,, and the bar for a stone wall,
the things to be paid in for the faults are not to be given, i.e. the sacks or the fines
for man-trespass. Where there are fines the things commanded by
law are not observed, i.e. when the swks or the penalties for man-tres-
pus arc due, the spade 1ms not been brought for making gj%**&> and the bar i.e. the lying down of a beast in a field after being filled to
satiety. This was a definite trespass. All this is apparently misplaced. For
definitions of trespasses, vide pp. 124, 12C.

'Jiuiriu '-trespass, i.e. passing over fields. See p. 124, et ley., infra.

' The man outside, i.e. the suer or plaintiff. Dr. O'Donoran remarks here, "It is very difficult to express these ideas neatly in English. The following may convey to the English reader a fan- idea of the meaning :

" If the suer says. ' This stake lias injured my beast once it is unlawfully con-

Question What are tlie rwt^Ht4k-s commanded by .u- 1)U -
of fences ainee3iiaucy ? The requisites for the *CO-TKX-
fences are a spade for making a trench, a bar for a ANCY -
stone wall, a hatchet for a strong fence, a billhook .^l
for a ' felmadh '-fence. A ' fcSk^hifer is the fine for
every three days that he (the. co-tenant]
kMHftte the yr&p&v portionf which had fallen to him.

A B <

There are four kinds of fences wkieh *ighi be-j?e-
jprired a trench, a stone wall, a strong fence, a ' fel-
niadh '-fence ; or else, according to others, it (the fine]
is a ' dairt '-heifer for every three days during which
he (the joint tenant], has not made the proper portion
of every fence.

Question What are the requisites commanded by law of
fences? i.e. I ask what are the things which are commanded for making the
hedge in the common usage. The requisites commanded for the
fences, i.e. it is the thing which is peremptorily ordered for making the fence.
Abillhook for a 'f elmadh '-f e nee, Le. for making the good fence ('fal
maith'), i.e. for the naked fence. (' Fei-> '-tn>;m-- ' and leaping over fences, so
that they are caught in the morning and lying in the day, 'ruiriu '-trespass*
by night, and the fine for ' feis '-trespass it paid for them all ; at to ' airlim '-trespass
by day and ' ruiriu '-trespass by day and tairsce '-trespass by night and ' airlim *-
trespass by night, half the fine for ' feis '-trespass Is due for them all.) A 'dairt '-
heifer for every three days during which he has neglected

to make. the pjoper portion. &c., i.e. a ' dan- 1 '-heifer for every three

rAu-t iff ';f&**w*f**"*$ A&rfc, , . MvJiJ^tfovf*<
days that he fails, it it be not the fence which is frtjy-tfgntrfor him he has made

'fkf^ji his Bmin. Four fences which might be required, i.e. four
kinds of fences are prescribed or required. A trench, a stone wall, i.e. a
trench or wall on the bare plain. A strong fence i.e. in the woodji.e.
a naked fence, or hi the halt-cleared plain. ^

If what the man outside 3 says is, it is a stake of first fault, and
what the mail within says is, it is not in fault at all, the com-

structcd, and I demand satisfaction for the injury,' and if the defendant denies
that his stake is unlawfully funned or fixed, <>r that it could have done any injury
unless unlawfully meddled with, then any person who has sufficient honour-
price to qualify him may settle the dispute, and decide the satisfaction to be made
for the first injury done by the unlawful stake, or declare that the stake is lawful,
and thit no injury has occurred by means of it.

' If the suer says, ' The stake is unlawful!}- made and fixed, and has now in-
jured my beast for the second time, or the third time,' and the defendant replies, Every quarter.

Upon this Dr. O'Donovan observes: "A literal translation
of this passage could not be understood by an English reader." The following is submitted as the closest that could be considered intelligible :

" Relieving pledges are ordained for every quarter of the j-ear, both in summer
and in the parts separated from or added to it, but these parts are not equal, for
the year is divided in two regulations for the 'smacht '-regulations of every quarter
are not alike. The 'amacht '-regulations of the winter, and the cold portion of
spring are more difficult, for living food is more noble than fruit.

"Three sacks are estimated as the fine for trespassing OH all rich land, half a sack
for pastured land, and half a sack for a mountain.

" Two ' dairt '-heifers arc adjudged for lying down satiated after grazing, for even-

[Fool Coyote]

Additional pledges for ' smacht '-fines are payable
every quarter 1 of a year, both in summer and in r
the parts of autumn and spring, subtracted from or
added* to ivinter; but the parts added and subtracted ir. s epa -

. T 1 i j. j. ration and

are not equal, for the year is divided into two accomp am-
parts 2 for regulating 'smacht '-fines, for the ' smacht '-
fines of each quarter are not alike, because it is diffi-
cult to regulate the ' smacht '-fines of the winter
season, and of the spring cold, 3 for saved provisions
are more precious than growing grass. Three sacks
are estimated for damage committed lij trespass in
cornland, a sack in pastured land, half a sack in a
mountain field ; two ' dairt '-heifers for ' feis '-trespass,
for every lying down is colled 'feis '-trespass when
detected ; every detection is ' airlim '-trespass if they
(the cattle) have not lain down, but detection therein
after a night.


Additional pledges for ' smacht '-fines every quarter, i.e. the
thing which is omlauwd-fc* the relieving pledges every quarter of a year. In summer, i.e. the 'eric'-fine. Subtracted, i.e. the part of the spring which is detached from winter. Added to, i.e. that part of it which accompanies it. But the parts added and separated are not equal, i.e but the part of spring which is added to the winter, and the part which is subtracted from it are not equal. For the year is divided, i.e. the year is divided into two ji:irts for the regulation of payment of 'smacht '-fines. For the 'smacht'- fines of every quarter are not alike, i.e. for the thing ordained by law in each quarter is not alike. It is difficult to regulate the 'smacht'- f i n e s o f the winter s c a s o n , i.e. the thing commanded to be given as fines during the cold of the winter is among the difficult things of law. S p r i n g -c o 1 d , b b l r . shim r-
i.e. when the cattle are shivering in the spring. For s a v e d p r o v i s i o n s a r e ing.
more precious, i.e. for more noble is the thing which gives food to the cows lying down when detected is a ' feis '-trespass. It is an 'airlim '-trespass if they did not lie down. No fine for lying-down lies for any detection, except their being (might in the morning."

* The gear i< divided into two parts. According to C. 23, the year was divided into two unequal parts. The ' Samfucht,' or warm season, comprises five months, viz. the last month of spring, the three months of summer, and the first month of autumn; and the ' Gamfucht ' comprised seven months, viz., the two last months of autumn, the three months of winter, and the two first months of spring.

:< Spring cold. That is, during February and March, which were considered a part of the winter.

Enclosed fold. On the term "0150111," Dr. O'Donovan, quoting an old gloss, says, it meant grass which was not to be violated, i.e. a meadow,

in winter than the thing which gives produce to them in the summer. Three JCDG-
sacks are estimated for trespass in eornland, i.e. three sacks is the fine MENTS OF
estimated for ' feis '-trespass anil ' airlim '-trespass in an inclosed meadow. A sack

in a pastured field, i.e. for lying in a pastured field of grass land in the summer. . _* ^ _";/.

Hal f a sack in a mo un tain field, i.e. for leaping into a pastured field of winter mountain land with an inclosed field of summer mountain land. Two 'dairt'-h eifers shall be given for 'feis'-t respass, i.e. two 'dairt'- heifers of the mine of two ' screpal'.s ' with four sacks are adjudged, i.e. for ' feis'- trespass in aprapn-liifinccd winter grassland. Every 1 ring-down is called 'f eis'-t respass, c.,i.e. 'eric '-fine for 'feis '-trespass is charged on them when they are caught there lying down. 'Airlim '-trespass if they have not lain down, i.e. ' eric '-fine for ' airlim '-trespass is charged on them if they have not lain down. Every detection, but detection therein after the night, i.e. it is not for any other detection I say that ' eric '-fine for ' feis '-trespass is charged on them for their 'airlim '-trespass, but for their being caught there in the morning.

There are four equal eases in" the co-tenancy in which full fine Tr. Of. for lying down trespass is paid, i.e. lying down by day, and lying down by night, ' ruire '-trespass by night, and ' airlim '-trespass ' >y night, and their being detected in their ' airlim '-trespass there in the morning. There are four equal cases in the co-tenancy for which half fine for ' feis '-trespass is paid, i.e. ' ruire '-trespass by day, and ' airlim '-trespass 1 >y day, ' tairsce '-trespass by night, and ' airlim '-trespass by night, if they are detected in their ' airlim '- trespass there in the morning. Half the fine for the ' airlim '-tres- pass by day is due in the case of ' tairsce '-trespass by day, or half the fine for ' tairsce '-trespass by night in the case of ' tail-see '-trespass by day, and this is the only case of a fourth (i.e. of fourth fine).

Four sacks are due for ' feis '-trespass in a winter grass field over
a full fence, two sacks for ' airlim '-trespass, and a sack for ' tairsce '- trespass. If it be trespass upon a pastured field of winter grass land, or upon an inclosed field of winter mountain land, or winter wood, or an old winter milking place, or into an inclosed field of summer grass laud, two sacks are due for ' feis '-trespass, and a sack for ' airlim'-trespass, and half a sack for ' tairsce '-trespass. If it le trespass upon a pastured field of winter mountain, or winter wood, or an old winter milking place, or a pastured field of summer grass land, or into an inclosed field 1 of summer mountain or summer wood, a sack is due for ' feis '-trespass, half a sack for ' airlim '- trespass, ami a quarter of a sack for ' tairsce '-trespass. If it be trespass upon a pastured field of summer mountain or summer- wood, or summer old milkiug-place, half a sack is due for ' feis '- trespass, and a quarter of a sack for ' airlim '-trespass, and the

i< is a ling's ' dun '-fort, $c. The text !s obscure here, and seems
defective in the original. The paragraph with some variation is given in O'D.,
1074, as a commentary on the clause, " Rooting the earth in distinguished places."
j *A ' Us martradh '-fort. Probably a churchyard ; ' martyres' appear to have

meant 'relics'. Vid. O'D., 1674.

as herdsman with them, or the care-taking which the law requires' JI-DO-
over them ; a yoke for the pigs ; a hood for the hens ; ties of O.TKK,
leather for the goats ; a, spancel for the yearling calves ; a shep- AXCT.
herd with the sheep ; a herdsman with the cows. i r . ,.,,/.,..

The case where the fine for definite man-trespass is due is when
he (the trespasser) left them (l/te cattle) near the field of grass or
corn, and he is certain that they would go into it. The fine for
doubtful man-trespass is due when he is doubtful whether they
would go or would not go into it.

If the}' arc within the field as long as that they might be driven 1 " i> Ir. out thrice, it (the penalty) is full fine for man-trespass; if they are Br ""' / ''- within so long as that they might be driven out twice, it is two- thirds of the tine for man-trespass; if they were vithiu the field so long as that they might be driven out once, it is one-third of the fine for man-trespass. ^ ^

When it is n case o/"thc violation of a ' nemed '-person's church a or sanctuary, it (the juie) is not the same, lint an ounce of silver is the fine for their rooting there, and this is charged upon 3x?X 4 (84) animals of the one herd (cattle belong! ay to one man) after they have gone over the fence different times by different gaps ; or upon three times seven aninr with the clay of each hole that

was made therein, viz., let it be pressed and stamped with the
heel, and let fine clay of the same nature lie placed there after-
wards, and the extent to wliich it runs, is as far as seven animals
of the same posse^i'*!! (/

The additional 'smaeht '-fines for instigation are to
bo paid-in five days after damage, for trespass without

a '.Eric'-so*/. The Iri-.li \v< -f.\ which Dr. O'Pnnovan has thus translated is bf-fffr. ut tu^-Jff if. jSttrr dav. In O'D., 1C74, the reading is ' ari;at.' which apjiears to have the same .' meaning, both terms being Celtic form'- < I the Latin ' argeiitum'.

Fd- The word ' beca,' means also life.

" I .* .0 ' Finnsruth Fithil-law. A tract on the manner of passing judgments.

that which supports the cows in winter is more pre-
cious than their produce, for grass is produced in O.-TBS-
summer, but none at all in winter.

There are 'smacht'-fines every quarter, i.e. the thing which is
commanded to be paid as 'smacht'-fine in every quarter of a year. The 'smacht'-fine is not the same, i.e. the thing which is ordained to be ;s ' smacht'-fine for trespass committed in the heat of the summer and in the cold of the winter is not equal. Even every month of these is not alike, i.e. it is not alike that each of these months is regulated, i.e. a month of summer heat and a month of winter cold. The 'smacht'-fines of winter are heavier, i.e. the thing which is commanded t lie paid as .-maclif.fine, for the trespass which the cattle commit in the winter is heavier than the thing ordered to be paid for trespass which the cattle commit in the summer. For that which supports the cows, &c. : i.e. more valuable is the thing which gives food' to tin: cows in the winter than the thing which gives them milk in the summer. For grass is produced in summer, i.e. this is the reason, i.e. grass is produced in the summer. But none at all in winter, i.e. it is not that I say that grass grows in the winter.

Let the summer ' smacht '-fines be stated ; a sack is
charged for every ' airlim '-trespass upon seven
animals into a profitable meadow ; half a sack if into
after-grass ; half a sack if into a mountain ; half a
sack for the 'feis '-trespass of every sort of cow from
an ox down to a ' dartaid '-heifer. There are, how-
ever, two sacks in the cold season.

Let the summer 'smacht'-fines be stated, i.e. the thing which is
, "nmanded as ' smacht'-fine for trespass whic'. the cattle commit in the summer MCI be told or related. A sack for every 'a irlim '-trespa ss, i.e. a sack is the fine which is mentioned a-; imposed upon seven animals of one herd after going over by leaping oiu.e, across one gap into a meadow of summer grassland. Half a sack if into after-grass, i.e. if to trespass quickly, i.e. by leaping into a pastured field of summer grass-land. Half a sack if into a mountain, i.e. for 'feis '-trespass in a pastured field of summer mountain or summer wood.- Half a sack, &c., from an ox to a ' ! a r tai d '-h e i f e r, i.e. upon seven animals for ' fei* '-trespass in a meadow of winter grass-land, and the seventh "f a halt sack is the portion of the fine for each .minnl, ii-hirh hr iwTnnt $n$n$n f l > *fl?X~ r are, however, two sacks i n t he cold seas o n , i.e. for ' feis '-trespass in a pastured field of winter grassland, or for 'airlin : :ito a meadow of winter grass-land.
, y/~*4*-

\ ' cumhal-48-tlje ' smacht '-fine for every beast in a co-tenancy,
and in taking forcible distress, as is said in the 'Finnsruth Fitliil'-

la\v 2 A nail rates-swtlt a tooth, and equal 'dire'-fine is paid for cattle

<,f every ago for feeding, for two ' dartaid '-heifers eai beyond

Joint-stocking Thai b [itittin^ an equal stock on the land.

-' /.' nl. ' poCTMtlc'S* here used t., denote the award or price, lure or compensation
paid, or contracted t.. be -iven, for tlie use of the laud for one year.

>.t : ,,,ii,st whom trupau ii ,,.,/,,/. The followi,,^ seems to l,e the meaniii"
of this very ohscure text: "A calf is the rent payable for land taken until the
end of the year; in the case of a trespass committed from the commenccmrut of
the cold season on to the end of the year, a ealf is the tine payahle.or a calf wl.deh
is worth two-thirds of the value of such a calf as should be paid for the real
(which would at that time be a ' umJlBilC '-heifer); and the land upon such pay"
ment becomes the property of the man against whom the trespass is committed, or
of the man. who pay a the line.'
the Lir^t ox. In a '-land ihi -Idng ' is J^^

made, and in a co-tenancy, or in joint-stocking it is here. CO-TKS- A calf is the rent which is paid for land taken till ^-
the end of the year; in the case of trespass commit-
!'> Ir. TT7tf- into a meadow of winter mountain, or of winter wood, or a winter old milking- oul - place. Or a calf which is worth two-thirds of the rent afterwards, i.e. a calf which is worth two-thirds of the rent, i.e. of the ' samhaisc '- heifer which is paid for a land of three 'cumhals,' i.e. the ' colpach '-heifer of the ralue of eight ' screpalls ' which is to / paid for a land of two 'cumhals' for its r-nt; or, a calf which is worth two-thirds of the : umhaisc '-heifer which is paid for the nut, it is it that is jimd for the trespass which is committed on the same lands in the cold of the winter, ie. it is r/ircii for three-quarters of the value of the -imhnisc '-heifer in this case, except one 'scrcpaH' only which was not brought f . -rward here ; or indeed, according to others, although it (the calf) has but the age of a ' colpach '-heifer of eight ' screpalls ' value, it is from the excess of the improvement , r increase that is upon it that it is worth three-quarters of the ' samhaisc '-heifer. And the land remains with the man against whom trespass is committed^ i.e. the land remain.'! with the man who is trespassed upon in this case, i.e. after the term of the rent, when it is for rent that it (the land} was given ; or, according to ot/ttrs, the land belongs to the manwhohas0mmitted-tlie_trespass, ' i.e. after his paying the 'eric '-fine of his trespass.

There are three 'airlim '-trespasses && which ^S}-
'smacht '-fines agfepaid : every 'airlim '-trespass before
a dog or a man ; or an ' airlim '-trespass in consequence
of heat or fear, or an ' airlim '-trespass owing to b any " Ir - f
kind of violence.

In O'D. 403, the following condition is added :

" If it be winter grass th:it is trespassed upon, two-thirds of the rent shall be the fine, i.e. of the rent which is paid for a ' Tir-cuinhaile ' of the best land which it liii-i'l for throe-quarters of a year. There are three heifers as rent upon it for the three quarters; and two heifers, i.e. the two-thirds of the three heifers are the fine for ' feis '-trespass in a meadow of summer grass over a full hedge."

94

[Fool Coyote]

There are three 'airlim'- trespasses, i.e. there are three leaps Jnx;-



which are made upon the grass or upon the corn, and they are freed from paying

'smacht'-fine for them. Every 'airlim'-trespass before a dog,i.e.in

runningoff before a hound. Or a m a n , i.e. in flying before men. An ' a i r 1 i m'-

trespass in consequence of heat, i.e. when they (the cattle), are run-

ning from the heat of the sun. Or fear,' i.e. before a plundering party," or a I r . Prey.

band of depredators. Or an 'a irlim '-trespass owing to any kind

of violence, i.e. whatever violence it may be, i.e. thunder or lightning.

' Smacht '-fine is paid in five days after trespass
with testing of the grain as to hardness and bare-
ness. ' Smacht '-fines are three-fold by right, the
third of which is set aside for oats.

If it be one kind of grass that is paid for another
at the side or at the extremity of the field, whether it
be hidden grass or coarse grass, let the fines be paid
according to the arbitration o/the co-tenants.

'Smacht'-fine is paid in five days, i.e, the thing which is com-
manded I'j Into to be paid by him b it to be rendered at the expiration of five days i> Ir. From after the commission of the trespass, i.e. ' the sacks,' i.e. there is a stay- of three days *''"' upnn (for ' "/") the 'smacht'-fine, and a delay in pound of five days'.

With testing, i.e. of the ~.uks,' i.e. that they arc not bitter (foul or mawkish). As to hardness, i.e. that they be not moist B arenes.s, i.e. the grain which they eat*bare, that it be not dirty or chafiyf'-e- that it be well coloured and 1 '"*f . bare, i.e. without chaff! ' B m a c h t ' - f i n e s are threefold by right, Stgtu DffaS- '

\.". there is a threefold division of the ' smacht'-fine by right. The third of which is set aside for oats, i.e. the third of what is for oats and for barley, is for the oats only, and its value is one-third. ,

If it be one kind of grass that is paid for another, i.e. third of /'.< if it be grass that is given for another grass as compensation, i.e. if it be rich value. grass that has been spoiled in this case, let him (the trapatur) give twice the quantity of poor grass in return for it, if ke has not rich grass. At the side, i.e. long. Or at the extremity, i.e. short. If it be hidden grass, i.e. of the wood. Or coarse grass, i.e. of the mountain, i.e. of the moor. According to the co-tenants, i.e. the compensation for that trespass is according to the opinion of the neighbours, i.e. the arbitration of the neighbours decides upon ib, unless grass equally good is obtained for it as compensation, and his not having grass of the same nature is the reason of it a being
ili .-i'fc'7 I'j arbitration,

Question How are land trespasses estimated ?
From its rents ; if it be winter grass that is injured,

A ttay, i.e. the period during which cattle distrained remain upon security in tin- hands of the owner ; but the ' stay ' comes first, then ' delay in pound ' follows it, and then three days of grace called "'Cp.evp imccitniujte," in the Iri>h
Laws: i-i'l. Senchus Jlor, vol. 1, p. 79, et SKJ.

i Fair rent 'T)Fij;ofieic' is glossed 'cendach' in Pnwlinson, 487 (O'D. 2115.) 41 Tir-cumhaile.' A piece of land measuring 12 'forraclis' in length, and 6 in breadth, Vide C. 252, and O'D. 1462. Vide also vol. 3, p. 335.

two-thirds of its rent is the fine for the trespass ; if
summer grass, it (the fine) is one -third. CO-TEN-

Question How are land trespasses regulated? i.e. [ ask whence are estimated the trespasses that are committed upon the land. From its rents, i.e.** -ft- Mir) the land itself it is Ifnm-n whp^'ier it is profitable or unprofitable grass thai is *,^ii frt/H^-faf 1 injured on the occasion. If it be winter grass, i.e. if it be the grass of the winter that is injured therein. Two-thirds of its rent is thejine for the trespass, i.e. two-thirds of the fair rent ' or price that is paid for its f. is '-trespass, and ' airlim '-trespass is what is pnid fur its ' airlim '-trespass only for it is four sacks that are paid for its ' feis '-trespass and two sacks for its ' airlim '- tn--pas.i. Two-thirds of the rent which is paid for a ' Tir-cumhaile' * of the best land to the end of three-quarters of a year is what is due for 'feis '- t respass in a meadow of winter grass-land over a full fence, i.e. three ' screpalls ' for the three-quarters, i.e. two ' screpalls ' for ' feis '-trespass in winter and one ' serepall' for 'feis '-trespass in summer, and this is the third of the three 'screpalls.' If it be summer grass, i.e. the grassof the summer,!! isone-thirdof what is due f'>r its feis '-trespass and for its ' airlim '-trespass that is due for its ' airlim '-trespass only, i.e. two sacks for its ' feis '-trespass, and one sack for its ' airlim '-trespass.

The trespasses of swine. If they eat the grass, f ,. s h^A^
they -a*e trespassers like other- grazing cattle in ' ^/, ftr
general. If they root up the land, other land ylall
be given until'the proof-ef^fae-festoration -vfrhe land / Ccff 7?
is eempiotod; that is, until two Horses in yoke areir. Until
brought and left there, and it is seen that no part ;/ '
of the earth stick to their teeth while grazing on it.
Thus is it Half fine is due for ' tairsce '-trespass by day and
full fare if it be trespass committed by night. For
it is a maxim in the law of the Feini that every .

kind of cattle should have a herdsman by dayjmd ** *
niglvjj; from which is derived the saying "the cow's ' fr V'' !
sense carrier is her herdsman in the bright light ; "
that they should be in an enclosure at the fall of
night ; that the swine should be in their stye by
nif-ht ; that the cows should be in a cow-fastness, horses in their proper fetters or in a stable ; sheep
in their fold.

3 Thus it is tefhJ, The original ecems to be defective here.
VOL. IV. H

' An equivalent.' . Until the
proof of the restoration, &c., is completed, i.e. until the certain
reclamation of the land which they rooted up is announced. Two horses in yoke, a i.e. they are yoked [?] i.e. the horses on it, on the land afterwards. And are left there, i.e.. the hordes on the land. That no part stick to their teeth, i.e. so that no part of the earth Ftick in their teeth in grazing on it. Thus it is tested, i.e. it is then it certainly is determined that it is restored to its healthy state, i e. the land.

Its tooting : let two horses be unharnessed and placed there yoked together to graze, when in grazing they do not pull up a sod, it is then the test is seen. If the swine have eaten the grass by grazing, their trespass is like that of other cattle. Although in the old judgments it is ordered that every furrow which they should root should be filled respectively with corn and butter, for they deemed it just that the land should receive for the injury done it an equivalent in its own produce ; yet it afterwards was exchanged for restoration of the thing which was damaged therein. Man-trespasses are, carrying (loads) over your neighbour's land, i.e., ' aradh '-trespass, aitrebadh '-trespass, 'follscudh '-trespass, ' fothla '-trespass, 'tothla'- trespass; ' an '-trespass, and ' airgsiu '-

A sack is the fine upon a large pig, Imlf a sack upon every slip
(young pig), four handfuls 5 for a farrow pig ; or, according to others, half a sack upon every large pig, a quarter of a sack upon each slip, and two handfuls upon every farrow pig." This addition extends to four times seven animals ; but it extends to the entire number* . Ir . of the large pigs. The reason that it is less on the farrow pigs th'tri upon the law |il.'-_ >se their nimbleness is less than tli nt of cattle.

Half fiue is for 'tairsce'-trespass, i.e. half t'..,v fine of the -airlim '-trespass by day for ' tairsce '-trespass by day; the full fine of ' airlim '-trespass by day or night ! !;t: the ' feis '-trespass and ruirindh '-trespass by nielli are equal. The ' airi: and 'ruirindh '-trespass by day over a full of any person arc MpAli for the ' feis'-trc-'pa^ by ri-ht and the ' ruirindh '- trespass !-/: rfc. ''- is f " U finc for ' feis '"

< dm- for them ; for ' airlim' ' nii,'ht and ' tnirs'-'-trespaF-: there is half the line for ' fcis '-t - ' 'rind'i '-trespass by day and airlim '-trespas-r by day are equal ; half the fine for ' a:r!i:n'-tr. '-trespaas by day.

* 'Airyriu'-trespast.'l'hit r mi rk abrul -ippears to be quite out of place here. Itis not easy to .',. tcrmiue the d "f trespass mentioiu-d.

5 Haniifuls. ' Mam ' is as much as can be taken up between the two palms of the hands held together.

Farrow pig. That is. a young Bucking pig.
VOL. IV. H ^

a sheep or a yearling calf or its equivalent, and it does not add a day; tli, nigh these should be separated from him, it does not lessen a day. Now, m a common pasturage there i- made of the

Bizeofeachpersou'seattle-tii^sHife, kty^e. a cow with a heifer in lieu of an ox ; heifers from the size at which they are
bulled pass in the place of cows ; though others say it is an ox in place of an ox, a cow for a cow, a calf in place of a calf, for two cows graze more than" the great ox. The equivalent of the bull is Mr. Beyond, f 9 not put in this enumeration, there is not of his own species of cattle * ** *

any even number that would till up the number which would be required for him ; for two geese are in lieu of a sheep, two sheep in lieu of a ' dairt '-heifer, two ' dairt '-heifers in lieu of a ' colpach heifer, two ' colpach '-heifers in lieu of a cow, one cow with a colpach '-liedfo^Jie^^anc^ Threat bull, the < suasdamha '- ox, and the 'damh-Tonchaidh -ox do not come into the enumeration. What is the reason of this ? Answer The bull, in the first place, bulls equally his own cattle, and the cattle of all which are with him in the enclosure. The ' damh-couchaidh '-ox equally protects his own cattle and the cattle of his neighbours.

they ha.l <- illy to th- -pting always the case of wild dogs (the property of one of the parties).

vr p 3-has killed it be slaughtered, and
let them (the owners) divide the flesh of both between them into two
equal parts, because of the killing by the former ; or, let the flesh of
the killed calf be divided between them ; but this cannot be enforcer
between them. Or, if it be preferred, let them cast lots for the live
calf to know which of the two should pay the other for him. These
are their judgments here, unless the calf had never been known
before as a gorer ; but if he had been known us such, let the man
whose property lie is take the flesh of the calf, and his neighbour
slnll "ive him another calf ; and if he slaughters the calf, lots shall
,st upon them on the green of the cattle to know to which of
them the guilty party l.y right should be given ; and the man to
whom it has fallen afterwards obtains him, and his neighbour gives
him away in the green of the flocks and cattle. The flesh of the
MM calf shall be between them, and as they divide tbe^ri^fee,
so they divide the flesh of the calf between them.

From which is derived the saying "the cow's sense is
h e r h e r ,1 s n, a i, ," i.e. it is from this it is mid that their herdsman is the seuse-
carra, to the cow, ID - c 1 o s ui.e. of the cows, i.e. in the summer.

If pigs, i.e. iuto a stye the swine *&8% in the night.

That is, as to pigs : a pig is thejlne upon them for every ' feis
, tftfB, and a farrow pig for every ' airlim '-trespass, and a calf as 'dire - jine for grasa ; for it is right that pasture should be wholly guarded. They should lie in a stye at four roads by night, and they should have a swineherd by day. From whence it is said in the law called ' Coil- Feine Bee ;" " If there be a swineherd, it (tJteJme)

,ased, for their stye should be at the meeting of roads that lead
into the middle of farms which are partitioned into small divisions, each 'coarbV division being marked and divided by furrows."

If cows, let them be in a cow fastness, i.e. let them be in the
fastness 1,'jallj (recto* I < of the cows, in an inclosure or in litter of pigs is free to yraze on every coiMWM, every common pasturage," &c. Coir Feme Bec.-A tract not known now. The translation of the extract w only conjectural.

The trcspatsir. ' Cuint-cci-,' may jiossibly mean "a trespasser" or "criminal," but, from the context, it is hard to see how it cf ft second ' feis '-trespass, forfeiture of half what a*t*wd ^, 04*^^ / (*> for the third ' feia '-trespass, entire forfeiture of what arrived, far the fourth ' feis '-trespass ; for it is tying ami dwelling after that. ^ It-n^ 'U- /k Thus they used to divide the ' smacnt '-fines at first, except in case of tho ' airlim '-trespasses, which 4e-nut~d8erve foifeititre. pwvuft- What are these ] Answer. Forced leaping before a dog or a man ; leaping on account of thund'-r or sultriness, or a leaping, but u4v>K/? j^ so as they are purimud befo: mid get over. Such are the leapings-far which./' smacht '-fines ilu uut lie.

Until it amounts to a ' dairt '-heifer and a yearling with thcfiae
./'.SA' is committed, if twelve calves have
g. 'lie into it (the field). A half sack i* t/iefne for every animal from the ox to the ' dartaidh '-heifer for 'feis '-trespass, but every lying down in which it (Ilu; animal] is caught is 'feis.' J If the extent of land which had been damaged on the occasion be so small that the produce which is there is not better (,//! flu' hiirses, the '.-mat-lit' fines are like those of any other eat ile which consume fodder ai'i er their being taken in trespass.

'a, ftr- For the horses rtt* .d detained (''. /?), and notice

' Sheep in their fold. the text here is from (CD., 1226 (E. S. 5, p. 2, col. ]). The reading fa OTX, 2172 (Rawlinson 487, fol. (i.'i, p. 1, col. b), in "caifvecc Imp;" and that in C. 28 (H. 3. 18, p. |L'), is "cain-i?; illmp;" the orthography varying as usual in the different M.SS. in nearly every single word.

2 The litter. O'D., 2173, lias here, " Tin re is as large a fine upon the pet young pig, as upon seven animals, who goes into the garden the first time. . . There

them to understand that it is allowable to unyoke there, although Jijno- thou hast not said so by word of mouth ; it is thou who payest for "O-TEK- that trespass afterwards as if it were thy_ own cattle that hadjom- AXCY. milled it. I^mny rAn.cb iho nmminti of ' smacht '-fine payable for trespass in a green adjoming*-rroTi se.

Sheep in their fohl,' i.e., the sheep to be in their fold.

The sheep have fines for ' airlini '-trespass imposed upon them,
for there is no fine for ' feis '-trespass, i.e., the makings of a spindle (of wool] for every ' airlini '-trespass into bare grass, the makings of a ball into preserved grass.

There is a small pig that shares the fines with the < V a C 1 11 ' P 1C( piaT>naib, ocu f V- hiqrccro

1 H

[Fool Coyote]

If he has gone alone thrice before witnesses, and he (his trea- ___
pass) has been paid for each time, and that he has led the herd the CO-TKN-
f, ,urth time, there is a ' smacht '-fine upon him equal to that of two '__
animals, and comprusatiou equal to that of one animal.

If he has gone alone thrice before witnesses and has not been
pai.l for each time, and he has led the herd afterwards, there is a
' smacht '-fine upon him equal to that of the herd, and compensa-
tion equal to that upon four animals ; or, according to ot/iers, i
he has gone alone thrice, and has not been paid for, and has 1
the herd the third time, there is ft ' smacht '-fine upon him equal
to that of six animals, and compensation equal to that of three

animals.

If he has gone twice alone, and has not been paid for the J
time, and has been paid for the second time, there is a ' smacht'
fine upon him equal to that upon two animals, and compensation
equal to that of one animal.

If he has gone twice alone, and has been paid for the first time,
and he has not been paid for the second time, there is a ' smacht '-
fine upon him equal to that of seven animals, and compensation
e, 1U al to that of two animals. The calf indeed is similar as to fines.

Which is l: mg,,iy. They divide the liability afterwards between them into

, equal partt, i.e.. they divide the fines afterwards fairly between them into

two equal parts, an equal share on him for having gone over four times, and on them

for going over once. The calf too pays equal fine, i.e. theforce of the/xtrt.cfc

here is, because it was of the pigs we have treated before. A trespasser

that passes oi-er the lawful pasture, i.e., he had good grass himself, and ^/^ 9//
he goes over a palisade fence into other grass ; or, indeed, he has unlawful pasturage, -.
and he goes over a lawful 1 fence.

A trespasser is the name yiven to him (the calf) when he goes
from his own good grass into the good grass of another, whether
over a hedge or not ; or from his own bad grass into the good grass
of another over a good fence, or whether he has gone over a fence
or not, he has gone from his own good grass into the good grass
of another. He should not be styled a trespasser though he should
,m his own bad grass into the good grass of another
unless he has passed over a fence.

Question What is the lawful fence ? If it be a
stone wall, a Avail of three stones, its dimensions are
three feet in" thickness, twelve hands in height ; if '
a trench, three feet in width and in depth ; its' width * Ir- "*'
one foot below at the bottom, three feat is the
breadth at the place where the wall is placed, and three
feet is b the height of the wall. If it be a naked fence, * ir. m.
it shall bea defence against oxen, and small cattle; the
small cattle could not pass through it from its closeness,
and an ox could not pass over it from its height and'
its firmness ; twelve hands are its height; three 'bun-
chor '-bands 1 in it, a ' bunchor '-band at the bottom,
another in the middle, and another at the top ; kt fL
sueh-wise-that eaeh~stake4s-rouaded at the top, and
they are pushed down by the hand m order -tbat the M
ground may receivethem, and they are each struck
on the head with three blows of a mallet. 2 The length
of a foot as far as the joint of the big toe is to bo
between every two of the stakes ; three hands the
length of each stake, over the inter wea vino- wicker-
work, and a blackthorn crest upon it. If it be thus
made, it is a defenee-against the trespasses of cattle. r r . you.
The ' duirime '-fence is similarly formed as to JL''f " "'*
height, and closeness, and lawfulness.

QuestionWhat is the lawful fence? i.e., I ask how is the lawful
fence known. If a wall of three stones, i.e., two stones below and one
stone over upon them. In thickness, i.e., at the bottom. In thickiu-
i.e., at the top. In depth, i.e., in height. At the bottom, i.e., below at the
bottom. Is the breadth at the place where the wall is placed, i.e.,
of the place where the wall is placed at the bottom of the wall. The height
of the wall,i.e,up. It shall be a de fence against oxen, &c., i.e.. it
shall be a fence against the ox and the small cattle. T h e s m a 1 1 c a 1 1 1 e &c.
i.e., what crops the briars does not pass through it in consequence of its closeness!
That an ox, &c., i.e., the ox does not go over it on account of its height, i e
the twelve hands. Its firmness, i.,,.. it is not removed on acconnt of its firmness'
Twelve hands, i.e., the three 'bunchor '-bands.' Each stake is
rounded at the top, i.e.. that they be round. At the top, i.e., that
they be not like oars. Pushed down by the hand, i.e., thrust by the

hand I, so that it cannot but enter into the ground. A foot as far as the joint of Ji'no-

big toe, ,.e., to the articulation of the big toe,i.e.. a foot till it reaches tlie place "KXT< "F Ofa-
.e., the pomt where the bfe toe separates from the foot, between ,vcrv two rtakea -

T . ei ; ll "; interweaving, i.e., over the fine interweaving >,:/,,, ,, w
^S&uniUhe blackthorn crest. B lack tho rn crest, i.e., at the ,,, If it be
s made, ,.e.,if it be of this make it is impregnable to the cattle. Similar! v
'duirime '-fence is also thus MMfeefet AS- to height and
s, i.e., the twelve hands, and so as that the small cattle could not
-through it on account of its closeness. La wf ulness, i.e., without spikes,
ithout spears, without points.

As to the 'smaclit'-fine for pet herons and hens,
and pet deer, and pet wolves, and pet old birds, and
pet foxes ; there is an additional pledge upon them ;
this is for their trespasses.

The 'smachf-fine for pet herons, i.e. all tM , of bir , u , l(lVe (o

J6w_Ufa the hens, i e. there is half ' smacht '-fine upon th, Pe , rt eer

thecows. Pet wolve,, i.e. like the domestic doga Pel old birds,'

lawks. Additional pledge upon them, i.e. for addition their 'nnachf-

are paid, i.e. there is a relieving pledge, a pledge of two 'screpalls;' and it

b for th, 'smacht '-fines ^^.their trespassesin co-occupanev

As to the fines upon-JaitLids,' i.e. demand geese, and hens, and pet
herons and bees; their additional pledge is the same as that of all animals, lf they are liable to additional pledge ; if not, their addional pledge is like that of cattle in general. As for the feeqs of bees, it is trespass fine, which are due are these, not additional pledge. A* <4 .&*. It (f> *a*) ^^, a &M* " M hat is the reason of thi.s,?fey are swift, and there is not incur restitution or i i.e. ' au-lim '-trespass, if it is tlieir damage. There are two lines for How is the uM f tlioh- produce paid? Answer At the time smothering the bes, the man who sues makes a sekure of tint and it-gees into the keeping of safe hands,- aiid4t4 after- ' Ir. ff n ,l ti* wards submit to award. The decision which is ri-ht to make aflarwar* concerning it i, to divide tl,e honor between them into three part., Le. a third for attendance, and a third for the bees and