Post by Fool Coyote on Jul 12, 2008 1:10:06 GMT -5
spilling, and jEastwig. The fine is three cakes of man-baking with
their condiment ; and the amount of this condiment is to e'j! the
thickness and breadth of each cake of them ; and the corn which is
more injured than the rest, it is of it these cakes are made which
are paid for the trespass the hens commit in a house. Tl-
for their trespass in the house. The makings of three spindles
(full of wool,) which are worth half a ' screpall ' is paid for their
trespasses in an enclosure of a garden, i.e. the soft swallowing of
bees, and the injury of ' roidh '-plants 1 , and garlic, and this is not
as trespass in the co-occupancy, but is regarded as viciousness.
Their three trespasses outside the enclosure, i.e. in kilus and t &$ '<
mills 2 * * * and on corn-stacks ; and on seven hens this
addition is, and it does not go beyond them tlmi All the
petbirds are as the hens as regards their trespasses of co-tenancy ?
three * *
All the birds are as the hens, with respect to their trespasses in
the co-occupancy. The three hen-trespasses in a house are snatch-
in" away, wasting, and spilling. The three hen-trespasses in an
enclosure are soft swallowing of bees, and iiij uring ' roidh '-plants and
garlic.
Three cakes is the fine for their trespass in a house, and half a
'screpall' in an enclosure or herb-garden ; and 'the sacks ' ;<.' c/v/';, <7
upon them outside the enclosure, like other trespassers. ( )r, indeed,
according to others, it is fine for thierishness 4 that is paid for (// ir
swallowingtlie bees, and for trespasses in the kiln. Where the ' eric '-
fine which we have mentioned above is paid for the hens is when
the restraint which the law orders is upon them, i.e^ooots of rag
upon them, and if they be not upon them, a fine for
shall be upon them.
All pet birds are like the ln'iis with respect to their trespasses
in* co-tenancy. Three cakes is tlt>' fin>- for the trespass of every " Ir. Of.
seven birds of them committed in a house, and half a ' screpall ' in an
4 Thieclshitesi. The ' bithbinche ' of an animal h his acquired habit of injuring
or trespassing.
The wild dogs, and the foxes,/ or the badgers, and the 'togans,'
are as the tame dogs with respect to their trespasses in the co-ten-
ancy. The wild fawns are like the tame calves with respect to
their trespasses in the co-tenancy. The wild swine, if they should
be in one's power, are like the tame swine.
The wild deer are like the tame deer which are like them, with
respect to ' smacht '-fine ; or, according to others, it is half the fine
of the animals which are like them, that is paid for them, as it is
half fine that is obtained for them.
Three cakes is their ' smacht '-fine for trespass in a house ; their
' smacht ' -fine for trespass in an enclosure may amount to seven
half ' screpalls,' and sacks are due for trespass outside the enclosure.
Another version. As to the heron and the hawk, their trespasses
are outside only. J| And the fine in the case of co-occupancy r
extends" as far as three times seven animals, even though there Ir. The ^f'/Wj
should be several distinct ownerships,' provided that they are under '
common herding at the time of committing the trespass ; or it ex tends
to each distinct ownership if they are not under common herding.
Question 2 - --What trespass does a hound commit
on the land of a co-tenant ? The feeding 3 of him *" 7 * ft * 1
iityp_LcG6=A liability for his teeapags.. ^Ui^ L b ir. Bears.
What is done in this case ? To take away the hound's ordifre from the land, and settle the laud after it ; and three times the bulk of the ordure is to be paid as its ' dire '-fine, its bulk of butter, and its c ir. in. . fa bulk of curds, and its bulk of dough. The support of all pet animals and their trespasses fall on the for ivfafaw, efson-whTro-wrre-4kem, both as regards 'dire '-fine and compensation.
In the ' smacht '-fines of co-tenancy, what is the
substance of the liability 11 incurred by them (i.e., on A ir. Body
their account), for there is no ' smacht '-fine unless J
there be a substantial liability. 11 The destruction of
the grass at the side or at the end of the field is
the substance of the liability. 4
food," taking ' Ion ' to mean as it does in the modern language, ' food,' ' provision,"
&c. "Cit> bejxe cm contain," as quoted in the gloss C. 2783, means " who
bears (or shall bear) the trespass of dogs' ordure," which is probably the true
meaning of the clause in the text, though the glossarist understood it otherwise.
' Four. In C. 29, the reading is cecm^, four; which seems to be the correct
one. ' Ceucain.' usually means ' dirt, filth,' a si use ivhidi the context does not
ri]i|'.ir to warrant here.
* Four times. The original is defective here. Taking ' ceacaifl', ' four" or '
quadruped ' to be the correct reading, the sentence may mean, " What is the reason
of this, for a quadruped docs not go inpayment for its lirst crime?" Taking Question, i.e., I ask what trespass of co-tenaney does the hound commit in the JUDG-
neighbour's land? Involves a liability for his trespass, i.e., the person
who has given store of food to the hound is accountable for the trespasses of the hound.
That is, the trespasses of hounds, i.e., four 1 , i.e., man-trespass, and
mangling of cattle, breaking of dwellings, and committing nuisances
on land. Question What is done in this latter case ? To take
that ordure out of the ground, and place a sod thereon afterwards, and
cowdung is to be left over it to the end of a month. As to the other
trespasses from the first trespass out, i.e. compensation is to be made
for the thing injured by the first trespass, for the second, the life of
tlie hound is taken.' ? fa^
What is the reason of this, forji_does-ot*epeatr tfee-ftrst tres-
pass-fow-feaes 1 * fjtf^r -jrtHA 6u4 it W+vfalvt -Jv^-fto* otf*"
Though the hound should come on the neighbour's laud there
is no fine" upon him (the dog), unless he has committed nuisance Jr.
upon it ; and if he has, the spot on which he has done it, is to be
dug up, and the clay to be removed therefrom as long as the
smell of the ordure is perceived, and fine clay of the same nature
with that taken away is to be placed thereon.
What is required by law is, to remove the dog's ordure out of the
ground as far as its juice is found, and it (the ground) is to be
pressed and stamped upon with the heel, and fine clay of the same
nature is to be put there as compensation. This is the test of repara-
tion ; that two horses of a chariot in yoke come there and graze
there, and if no part of the sod of grass stick to their teeth in
grazing on it the reparation is complete. And three times the size of
the ordure is due for compensation, and 3 its size of butter, and its
size of dough, and its size of curds ; and the part of them that is
not obtained in the one is to be claimed in the other afterwards.*
And if it be in the presence of the owner that the hound has
committed nuisance on the grass, a fine for man-trespass shall be
paid by him for it.
What is done in this case? What is the reparation in this case, for the
damage in the co-occupaucy 1 To take away the hound's ordure, i.e. to
takeaway the hound's excrement out of the ground. And settle the lan'd after
it, i.e. to put other earth there after it, i.e. to press it and to trample it with the heeL
Three times the hulk, i.e. of the hound's excrement is to be given for it as
'dire '-fine. As its 'dire'-fine, Le. as 'smacht'-line. The auppojt of all ,
pet animals, i.e. every w4ne and
a trespass by rushing over. If it be trespass over a pMfeade, and
;>r. that there is a bad 3 fence between every two neighbours, it is
Bad. For ' an ' in the Irish of this line, and also of the next line,
1 7na eight. This phrase may possibly mean, "What exists before it is prohibited
is maintained afterwards."
Aircenn. A piece of land containing 7,776 feet, or half a 'tir-cumhaile.'
* Half fence. In OD., 2170 the gloss runs thus, " T u I cap pocc
.1. eipic caippe cap. tec ime 1 tirmt cap, teach ctut> in poiT), &c. Going
over a road, i.e. the 'eric '-fine for a breach over a half fence is due forgoing
over one wall of the road. Going over a river which they have not to
swim, i.e. the 'eric '-line of a breach over a half fence is due fur this also. What
makes the breach here the same as passing over land is, the going across the road
which has only half a fence, or across a. river without swimming, and there is full estimated at half trespass, for the bad fence lessens the trespass.
127
their condiment ; and the amount of this condiment is to e'j! the
thickness and breadth of each cake of them ; and the corn which is
more injured than the rest, it is of it these cakes are made which
are paid for the trespass the hens commit in a house. Tl-
for their trespass in the house. The makings of three spindles
(full of wool,) which are worth half a ' screpall ' is paid for their
trespasses in an enclosure of a garden, i.e. the soft swallowing of
bees, and the injury of ' roidh '-plants 1 , and garlic, and this is not
as trespass in the co-occupancy, but is regarded as viciousness.
Their three trespasses outside the enclosure, i.e. in kilus and t &$ '<
mills 2 * * * and on corn-stacks ; and on seven hens this
addition is, and it does not go beyond them tlmi All the
petbirds are as the hens as regards their trespasses of co-tenancy ?
three * *
All the birds are as the hens, with respect to their trespasses in
the co-occupancy. The three hen-trespasses in a house are snatch-
in" away, wasting, and spilling. The three hen-trespasses in an
enclosure are soft swallowing of bees, and iiij uring ' roidh '-plants and
garlic.
Three cakes is the fine for their trespass in a house, and half a
'screpall' in an enclosure or herb-garden ; and 'the sacks ' ;<.' c/v/';, <7
upon them outside the enclosure, like other trespassers. ( )r, indeed,
according to others, it is fine for thierishness 4 that is paid for (// ir
swallowingtlie bees, and for trespasses in the kiln. Where the ' eric '-
fine which we have mentioned above is paid for the hens is when
the restraint which the law orders is upon them, i.e^ooots of rag
upon them, and if they be not upon them, a fine for
shall be upon them.
All pet birds are like the ln'iis with respect to their trespasses
in* co-tenancy. Three cakes is tlt>' fin>- for the trespass of every " Ir. Of.
seven birds of them committed in a house, and half a ' screpall ' in an
4 Thieclshitesi. The ' bithbinche ' of an animal h his acquired habit of injuring
or trespassing.
The wild dogs, and the foxes,/ or the badgers, and the 'togans,'
are as the tame dogs with respect to their trespasses in the co-ten-
ancy. The wild fawns are like the tame calves with respect to
their trespasses in the co-tenancy. The wild swine, if they should
be in one's power, are like the tame swine.
The wild deer are like the tame deer which are like them, with
respect to ' smacht '-fine ; or, according to others, it is half the fine
of the animals which are like them, that is paid for them, as it is
half fine that is obtained for them.
Three cakes is their ' smacht '-fine for trespass in a house ; their
' smacht ' -fine for trespass in an enclosure may amount to seven
half ' screpalls,' and sacks are due for trespass outside the enclosure.
Another version. As to the heron and the hawk, their trespasses
are outside only. J| And the fine in the case of co-occupancy r
extends" as far as three times seven animals, even though there Ir. The ^f'/Wj
should be several distinct ownerships,' provided that they are under '
common herding at the time of committing the trespass ; or it ex tends
to each distinct ownership if they are not under common herding.
Question 2 - --What trespass does a hound commit
on the land of a co-tenant ? The feeding 3 of him *" 7 * ft * 1
iityp_LcG6=A liability for his teeapags.. ^Ui^ L b ir. Bears.
What is done in this case ? To take away the hound's ordifre from the land, and settle the laud after it ; and three times the bulk of the ordure is to be paid as its ' dire '-fine, its bulk of butter, and its c ir. in. . fa bulk of curds, and its bulk of dough. The support of all pet animals and their trespasses fall on the for ivfafaw, efson-whTro-wrre-4kem, both as regards 'dire '-fine and compensation.
In the ' smacht '-fines of co-tenancy, what is the
substance of the liability 11 incurred by them (i.e., on A ir. Body
their account), for there is no ' smacht '-fine unless J
there be a substantial liability. 11 The destruction of
the grass at the side or at the end of the field is
the substance of the liability. 4
food," taking ' Ion ' to mean as it does in the modern language, ' food,' ' provision,"
&c. "Cit> bejxe cm contain," as quoted in the gloss C. 2783, means " who
bears (or shall bear) the trespass of dogs' ordure," which is probably the true
meaning of the clause in the text, though the glossarist understood it otherwise.
' Four. In C. 29, the reading is cecm^, four; which seems to be the correct
one. ' Ceucain.' usually means ' dirt, filth,' a si use ivhidi the context does not
ri]i|'.ir to warrant here.
* Four times. The original is defective here. Taking ' ceacaifl', ' four" or '
quadruped ' to be the correct reading, the sentence may mean, " What is the reason
of this, for a quadruped docs not go inpayment for its lirst crime?" Taking Question, i.e., I ask what trespass of co-tenaney does the hound commit in the JUDG-
neighbour's land? Involves a liability for his trespass, i.e., the person
who has given store of food to the hound is accountable for the trespasses of the hound.
That is, the trespasses of hounds, i.e., four 1 , i.e., man-trespass, and
mangling of cattle, breaking of dwellings, and committing nuisances
on land. Question What is done in this latter case ? To take
that ordure out of the ground, and place a sod thereon afterwards, and
cowdung is to be left over it to the end of a month. As to the other
trespasses from the first trespass out, i.e. compensation is to be made
for the thing injured by the first trespass, for the second, the life of
tlie hound is taken.' ? fa^
What is the reason of this, forji_does-ot*epeatr tfee-ftrst tres-
pass-fow-feaes 1 * fjtf^r -jrtHA 6u4 it W+vfalvt -Jv^-fto* otf*"
Though the hound should come on the neighbour's laud there
is no fine" upon him (the dog), unless he has committed nuisance Jr.
upon it ; and if he has, the spot on which he has done it, is to be
dug up, and the clay to be removed therefrom as long as the
smell of the ordure is perceived, and fine clay of the same nature
with that taken away is to be placed thereon.
What is required by law is, to remove the dog's ordure out of the
ground as far as its juice is found, and it (the ground) is to be
pressed and stamped upon with the heel, and fine clay of the same
nature is to be put there as compensation. This is the test of repara-
tion ; that two horses of a chariot in yoke come there and graze
there, and if no part of the sod of grass stick to their teeth in
grazing on it the reparation is complete. And three times the size of
the ordure is due for compensation, and 3 its size of butter, and its
size of dough, and its size of curds ; and the part of them that is
not obtained in the one is to be claimed in the other afterwards.*
And if it be in the presence of the owner that the hound has
committed nuisance on the grass, a fine for man-trespass shall be
paid by him for it.
What is done in this case? What is the reparation in this case, for the
damage in the co-occupaucy 1 To take away the hound's ordure, i.e. to
takeaway the hound's excrement out of the ground. And settle the lan'd after
it, i.e. to put other earth there after it, i.e. to press it and to trample it with the heeL
Three times the hulk, i.e. of the hound's excrement is to be given for it as
'dire '-fine. As its 'dire'-fine, Le. as 'smacht'-line. The auppojt of all ,
pet animals, i.e. every w4ne and
a trespass by rushing over. If it be trespass over a pMfeade, and
;>r. that there is a bad 3 fence between every two neighbours, it is
Bad. For ' an ' in the Irish of this line, and also of the next line,
1 7na eight. This phrase may possibly mean, "What exists before it is prohibited
is maintained afterwards."
Aircenn. A piece of land containing 7,776 feet, or half a 'tir-cumhaile.'
* Half fence. In OD., 2170 the gloss runs thus, " T u I cap pocc
.1. eipic caippe cap. tec ime 1 tirmt cap, teach ctut> in poiT), &c. Going
over a road, i.e. the 'eric '-fine for a breach over a half fence is due forgoing
over one wall of the road. Going over a river which they have not to
swim, i.e. the 'eric '-line of a breach over a half fence is due fur this also. What
makes the breach here the same as passing over land is, the going across the road
which has only half a fence, or across a. river without swimming, and there is full estimated at half trespass, for the bad fence lessens the trespass.
127