[8. Advice of Church in making Laws.] Is cosse conamas athgabail huine, ocus aile, ocus treisi, ocus cuicthe, ocus dechmaide la Feni a comairleib Eclaisi, a nnoisib tuat, a firechtaib filed, a comcetfaidib flatha, a comairle breitheman, acht ni ima tormaig cubus ocus aicne a firbrethaib iar cubus. Hitherto have been enumerated the distresses of one day, and of two days, and of three days, and of five days, and of ten days, by the Feini by the advice of the Church, from the customs of the laity, from the true laws of the poets, from the concurrent opinions of the Kings, from the advice of judges, except what conscience and nature added from true judgments according to analogy. [Law of Distress, I. 208, 209.] [EXTRACTS FROM SENCHUS MOR, VOL. 1.] [9. Injuring Utensils of the Altar.] (This is included in a list of injuries for which a distress of three days is ordered. The cup and chalice are the utensils specified.) [Law of Distress, I. 233-235-] [10. Exemption of Clerks from duty of interfering to prevent violence.] Bit sellaig slana and chena, .i. cleirig, ocus mna, ocus mec, ocus aes nad meisi gona na anacal na urgair, ocus eccuind ocus escunid. There are also other lookers-on who are exempt, i. e. clerics, and women, and boys, and people who are not able to wound or protect or forbid, and imbeciles and incapables. [Law of Distress, I. 242, 243.] [11. Why distress is fourfold.] Ocus ar ind hi it ceteora selba bit for cach adgair ocus adgairter: selb fini atardai, ocus selb flata ocus selb Ecalsa, ocus selb maithrai, no selb altrama; ro bi co comraicet huile for oen; rom bi imbet a di, no a tri, no nachae aenar nacha techta. Ocus ar ind hi it ceithri rechta ro mesraigset ar bretemnacht: recht naicned, ocus recht fetarluig, [recht faide,] recht nudfiadnaise. (Among other reasons) Because there are four who have an interest in every one who sues or is sued: the tribe of the father, the chief, the Church, the tribe of the mother, or the foster-father; it may be that they all may be in one; it may be that they may all be in two, or in three, or one alone may have an interest in him. And because there are four laws which are brought to bear upon judicature: the law of nature, the patriarchal law, the prophetic law, the law of the New Testament. [Law of Distress, I. 260, 261.] [12. Exemption for those who go to obtain the Communion for a Sick Person.] Dlomtar turbuid; a teisid annso: tubad sloig fo mendad; iarmoraċt cruid, no coibdena; no gabala, no The occasions of exemption are here set down; these are they: the attack of a host upon the house; [EXTRACTS FROM SENCHUS MOR, VOL. II.] cimidi, no fir muindtire consla i n-ailitri, no coingi comna, no lega do neoch biss fri bas, &c. pursuit of cattle, or a party; or the seizure of cattle, or a prisoner, or a member of a tribe having gone on a pilgrimage, or to obtain the communion, or a physician for a person on the point of death, &c. [Law of Distress, I. 266, 267.] [13. Delay of Ten Days in distraining Cattle belonging to the Church.] Ni gaibier atgabail neime graid flatha no Eculsa conar fastur doib cu dechmuid. The exempt cattle of the chieftain grade or of the Church shall not be distrained until a delay of ten days has taken place. [Law of Distress, II. 48, 49.] [14. Steward Bailiffs of Kings and Bishops.] Acht athuig forrta bitís fri cinta o Riguib. [Gloss.] .I. acht na hatuig ro bítís ac na Riguib da foiritin re ic a cinuid, for a toibged caċ in fola cinuid no in fola fiac roddlesta do na Rigaib, .i. maoir no reċtuire in R iat siđe, uair adetge lais in ugdur, atgabail do gabail do na Riguib ocus do na Hespocuib budém, cid troscud do legdis ima fiachuib cuir ocus cunnurria, ocus im cinta coisi ocus laime. Is amluid ro bidis na Riga ocus na Espuic i nallut, do rer na narsanta, ocus atuig forrta acud da fine budein, no doer cele ag in Ri, no doer manuċ ag in Espuc, ocus cumad amluid sin do betís na graid secta, ocus na graid ecalsa uile. Ocus do daer ceilib flata no dia ngelfine an atuig forria, ocus do doermanċuib eaculsa, no dia ngelfine Except steward-bailiffs which Kings had to be accountable for their liabilities. [Gloss.] That is, except the stewards whom Kings used to have to relieve them in paying for their liabilities, and whom all sued for the liabilities of crime or liabilities of contract due from the Kings, i. e. these were the stewards or agents of the King, for the author of this law was loath to take distress from the Kings or Bishops themselves, though the persons suing them fasted on them for their liabilities of bargain and contract, and their crimes of foot and hand. The Kings and the Bishops in ancient times, according to the ancients, had stewards of their own tribe, or the King had a 'daer'-stock tenant, or the Bishop a 'daer'-stock tenant of ecclesiastical lands, and all the septenary grades and all the eccle [EXTRACTS FROM SENCHUS MOR, VOL. II.] na hatuig forrta. No bitís ac tobuc doib gaċ nec dligdis ocus a gabáil atgabala uime, da risdais ales; ocus gać cin ro acurta ar na Riguib cumad dibsim ro gabta atgabail uime. Da lécdis na Riga troscad ocus da ngabia atgabail do na Rigaib tar fis in atuig forta, is fiac indligid athgabala ann, ocus a da trian don cinn ocus aen trian don athuċ forria; no cumad don athuċ forrta no betis in da trian; ocus gaċ indliged atgabala do gentur risin atuċ, is fiach indligid athgabala do inn, ocus a da trian aice buden ocus a áen trian don Ri; no dono cumad a breit do aenur a ninbuid is de gabtur in atgabail; ocus in inbuid is don Rig no gebta i cuma fiach indligid atgabala do breit do aenur. Ocus gaċ indliged do dena in tathaċ forrta fein um in atgabail is a ic do aenur; ocus da tecmad indliged atgabala do denum don cinn, cumad é in tatuċ forrta no icfud; ocus aitġin in gaċ neċ racus a lopud, ocus i corpfiaċ daiġabail in athuig forrta dic on cinn; no cuna ica etir ini na rachuid a lobad di. siastical grades were similarly provided. Their (the Kings') stewardbailiffs were of the daer'-stock tenants of the chieftain or of the 'Geilfine'-tribe, and their (the Bishops') steward-bailiffs were of the daer'-stock tenants of ecclesiastical lands or of the Geilfine'-tribe with which the Bishop's church was connected. They used to levy for them everything that was due to them and take distress for it, if necessary; and for every liability for which the Kings were sued, it was from these that distress was taken. If the Kings had permitted fasting to be performed and if distress were taken from the Kings without the knowledge of the steward-bailiff, there is fine of illegal distress imposed for it, of which two thirds are due to the head Kings, and one third to the steward-bailiff; or according to others the two thirds were due to the steward-bailiff; and for every illegality of distress committed against the steward he shall be paid fine for it (the illegal distress), of which he himself shall possess two thirds and the King one third; or else he shall obtain all when it is from him the distress is taken; and when it is taken from the King, he alone shall get the fine for illegal distress. And as regards every illegality which the stewardbailiff shall commit respecting the distress, he alone shall pay for it; and should it happen that the head (King or Bishop) committed illegality of distress, the steward-bailiff shall pay for it, and make restitution for [EXTRACTS FROM SENCHUS MOR, VOL. II.] a In Irish tenure of land, the chief supplied the stock, the occupier the labour. In Saerstock tenure, which was the nobler of the two, the occupier gave no security; in Daer everything that has gone into forfeiture, and the original debts of the steward-bailiff shall be paid by the head; or according to others the part of it which has become forfeited shall not be paid for at all a. [Law of Distress, II. 94, 95.] stock tenure, he did. See Dr. Hancock's Pref. to vol. ii. of the Senchus Mor, pp. xlviii. sq. 'Geilfine' was a tribe-relationship extending to the fifth degree (Id. ib. xlvi). [15. Distraint of Ecclesiastics.] [Gloss.] Aithgabail aesa ecolsa; troscad ocus apud iaram nad ngeba a paiter naċ a credo ocus nad tet do sacarfaic ocus do aubairt. Mad aes graid no aes creidme * * im toig a cluicc no im cois a altoire, ocus apud na ro oiffrither fuirri, ocus nad mbentar cloc do trataib. Do airchindchaib ocus aesgraid inso. Ma atloat gaibter a sesci no a mbliċta, mana tincatar. [Gloss.] As to the distraint of ecclesiastics fasting is to take place and afterwards notice is to be given that they say not their Lord's Prayer nor their Creed, and that they go not to the sacrifice nor to the offering. If they be persons in orders or religious persons, let a 'gad'-tye be put upon their bell-houses or at the foot of their altar, and a warning given that there shall be no offering made upon it, and that the bells for the hours shall not be rung. This refers to Airchinnechs' and persons in orders. If they abscond let their dry cows or their milch cows be seized, unless they tender justice. [Law of Distress, II. 120, 121.] [16. Distress of an Abbat upon his Tenant or Monk.] [Gloss.] A cumat apad ar a manaċ; ocus athair ara mac; ocus fitir aru felmac. [Gloss.] It is the same with the distress of an abbat upon his tenant of ecclesiastical lands [monk]; and of a father upon his son; and of a tutor upon his pupil. [Law of Distress, II. 128, 129.] |