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[EXTRACTS FROM SENCHUS MOR, VOL. 11.]

[17. Privileged Residence in which there is a Bishop.]

[Gloss.] Ata dono forus dila cinta di aithgabail, .i. a fuirech i ndail imbi Ri, no Epscop, no sui, no uasal nemid sechip é; a fuirech i faichi cainte, no fir nad fuilnget gruaidi, ar ni daimside dligiuth itir do duine.

[Gloss.] There is, however, a residence which washes out the liability of a distress, i. e. to seize in an assembly in which there is a King, or a Bishop, or a professor, or a noble 'nemidh,' whoever he may be; to seize in the green of a satirist, or of a man who does not suffer 'gruaidhi,' for he vouchsafes no right whatever to a person.

[Law of Distress, II. 128, 129.]

[18. Distinctions of Sundays and Festival-days.]

Mac in uiriuch desa imurro, dath fo let a eduig cach lae, .i. foru brut no foru inur, ocus da etuch dathu uime dia domnuig; ocus itir a lom ocus inua do.

Mac in uiriuch tuis imurro, dath for eduige uile; ocus da étuċ dathu uime cach lae, itir a lom ocus a nua, ocus da educh dathu nuaid uime dia domnuig. Educh dathu cach lae aice, educh domnuig ocus etuch sollumuin, act is ferr cach étuch araile dib.

Mac in uiriuch aird imurro, da etuch daia nua cach lae imeside, ocus da etuch dathu nuaid dia domnuig ocus i sollumuin, act is ferr cach etuch araile.

The son of the 'aire-desa' chief wears clothes of a different colour every day, i. e. his cloak or his tunic is to be of a different colour every day, and he is to wear clothes of two different colours on Sunday; and he is to have both old clothes and new clothes.

The son of the 'aire-tuisi'-chief is to have all his clothes coloured; and is to wear clothes of two colours every day, both old and new, and to wear new clothes of two colours every Sunday. He is to have coloured clothes every day--clothes for Sunday and clothes for the festival, but each of them better than the other.

The son of the 'aire-árd'-chief is to wear new clothes of two colours every day, and new clothes of two colours on Sunday and the festival day, but each of these clothes better than the other.

[EXTRACTS FROM SENCHUS MOR, VOL. II.]

Mac in da airi forgill is tairi sic.

Mac na nairiuch forgill is ferr, ocus mac na Rig, etuch dathu nuaid doibside in cach aimsir, act is fearr araile dib, ocus or ocus airget foruib uile.

The sons of the two inferior 'aireforgill'-chiefs, the same as the last mentioned.

The sons of the superior aireforgill'-chiefs, and the sons of the Kings, are to have new coloured clothes at all times, but exceeding each other in quality (the Sunday clothes better than the week-day clothes, and those for the festival better than those for Sunday, as already specified), and all embroidered with gold and silvera.

[Law of Fosterage, II. 148, 149.]

These are part of the duties of a foster-father. The epithets indicate the various grades of chieftainship.

[19. Dissolution of Contracts.]

Gach cor dib taithmither uile, is ar ain, no treise, no cethruimte taitmither. Aon fri taitmeċ cor na ceile iar fis; ocus treise fri taithmech cor na mac saorlicte iar fis; ocus cuicte fri taithmeċ cor na saormanac iar fis. Ma taithmeċ imurro a ndiubarta nama, is inand ocus in re fri taithmenn in cenn a ndiubarta fadein, .i. co ceithre uaire fichet, ocus CO dechmaid.

As to every contract of all these which is dissolved, it is in one day, or three days, or four days they are dissolved. One day for dissolving the contracts of the tenants after knowledge of them; and three days for dissolving the contracts of the emancipated sons after knowledge of them; and five days for dissolving the contracts of the 'saer-stock tenants of ecclesiastical lands after knowledge of them. If their dishonest contracts only are dissolved, the time is the same as that in which the chief dissolves their own dishonest contracts, i. e. in twenty-four hours, and in ten days.

[Law of Saer-Stock Tenure, II. 218, 219.]

[20. Social connexion between the Church and its Tenants of
Ecclesiastical Lands.]

[Gloss.] .i. is i lanamnacht uil itir

in Eclais ocus a manchu, praicecht

[Gloss.] The social connexion which subsists between the Church a

[EXTRACTS FROM SENCHUS MOR, VOL. II.]

ocus oiffrenn, ocus imaind anma on Eclais da manchaib, ocus airitiu caċ meic do forċetal, ocus caċ manaig do coir aithrige; dechmada ocus primiti ocus almsana uaithaibsium disi, ocus lan log enaċ in nertslainti, ocus trian log enaċ fri bas; ocus breitheamnus, ocus imdenam, ocus fiadnaise don Eclais for a manċaib, itir saermanach ocus daermanaċ, ocus for caċ tuata uile cid saermanach he, muna raib Eclais aile, [Eclais is comuasal resi], aca testugud.

and its tenants of ecclesiastical lands is, preaching b and offering,—and requiem for souls is due from the Church to its tenants of ecclesiastical lands, and the receiving of every son for instruction, and of every such tenant to right repentance; tithes, and first fruits, and alms, are due of them to her, and full honor-price when they are in strong health, and one-third honor-price at the time of death; and the Church has the power of pronouncing judgment, and proof, and witness, upon its tenants of ecclesiastical lands, both saer'-stock tenants and 'daer'-stock tenants, and upon every other layman, even though he be a 'saer'-stock tenant of ecclesiastical lands, unless there is another Church of equal dignity claiming him.

[Law of Social Connexions, II. 344-347.]

The Church, ('eclais'), i. e. ecan clas,' the assembly of wisdom; or 'eclas,' i. e. ' iclas,' because the Church supplies every one with what he requires; or 'eclas,' i. e. 'uag clas,' pure assembly, the Church is an assembly which is purer than all others; or eclas, i. e. 'ecen leas,' by which one's welfare is effected, when he is in difficulty; or 'eclas,' from the Greek ecclesia justi populati, i. e. the assembly of the just. With her tenants of ecclesiastical lands'

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[21. Restitution for Illegal

Asrenar aithguin cach dichmairc cairichther co troscad, acht in Eclais.

[Gloss.] Co troscad, .i. co na derntar troscad ime ac iarraid a aithgena iar na gabail; is ann ata aithgin do tuata ann muna troiscter. Acht in

(manchu'), i. e. with the people who give it (the Church) valuable (somainacha') goods (maine'), after a proper way, ('cae'), or manner. (Law of Soc. Con., II. 345.)

b Another MS. adds, "Baptism and communion, and requiem of souls."

The same MS. adds, "And every first calf, and every first lamb, and every first-born of children, and every tenth child from that out."

Taking of Church Property.]

Restitution is paid for every illegal taking with which they are charged by fasting, except when the Church is concerned.

[Gloss.] Fasting a, i. e. when fasting is not performed in seeking its restitution after it has been taken; restitution is not paid to a layman unless

[EXTRACTS FROM SENCHUS MOR, VOL. II.]

Eclais, .i. act mainib o eclaisdacda berair he, is ann ata aithgin and ria troscad, uair isse cuit in in actnaigte a bail ata aithgin laċta no gnimraid don tuait ann, biaid a diablad do Ecluis. Aithgin olcena, .i. aithgin uile cena in cach ni berair o neoch cen athcomarc is in nerrach co na torrachtain ina uide icce coir, .i. cenmota Eclais.

Except

the fasting is performed.
when the Church is concerned, i. e.
unless it (the property) has been taken
from an ecclesiastic: if it has, there
shall be restitution before fasting, for
the force of the "except" is that
where there is restitution of milk or
work to a layman, there shall be
double restitution to the Church.
Restitution is also paid, i. e. resti-
tution is likewise paid for everything
which is taken away from one with-
out asking permission, i. e. for the
forced relief or loan which is to be
forthcoming in its proper time of pay-
ment, i. e. except when the Church
is concerned.

[Law of Social Connexions, II. 352, 353-]

For the custom of fasting in connexion with distraint, see Dr. Hancock's Pref. to Senchus Mor, vol. i. pp. xlviii. sq.

[22. Duty of the Church on account of Land, &c.]

[Gloss.] Rath tarairrdig tabuirt in cele don ni teit a nairim caċ forcruid nairbid. Tabuirt na Ecluisi, biathad in aen cineda gin fine, gin tir, gin inilled, ocus cach mic ocus gach manuig. Ocus tabuirt manuig, .i. .x. 7rl.

[Gloss.] The excessive return for the stock is the implied duty of the tenant out of that which goes to the account of each excess of measure. The implied duty of the Church is the feeding of the last survivor without a tribe, without land, without cattle, and of every son left destitute, and of every tenant of ecclesiastical lands. And the implied duty of a tenant of ecclesiastical lands, i.e. the tenth, &c.

[Law of Social Connexions, II. 354, 355.]

[23. Restitution of Eric-fine and of Penance.]

Aithgin neirci ocus aithgin peine do Eclais ria troscud; aithgin ocus dire ocus eneclann iar troscad, ocus

ла

Restitution of 'eric'-fine and restitution of penance are to be paid to the Church before fasting; restitu

[EXTRACTS FROM SENCHUS MOR, VOL. II.]

a log do pennait in dichmairc in sein. Aithgin do cac cena ina dichmairc ria troscud; aithgin imorru ocus dire ocus eneclann in taide, ocus in elguin ria troscud, issed dno in dichmairc iar troscad. Cia troiscther imorru imon taide ocus imin elguin, ni ictar diablad do neoch ro raidsem, co ro cinne breithium. Issed a trocar; a etrocar imorru diablad neich dlegar ria troscad do ic iar troscad i taide ocus i nelgum. Ise fein atai im in dichmairc, naċ aili imorru innisis in taide.

tion, and 'dire'-fine, and honor-price after fasting, and the amount for the illegal taking are paid in penance. Restitution is due to every one in general for illegal seizure before fasting; but restitution, and 'dire'-fine, and honor-price are due for theft, and for illegal seizure before fasting, and these penalties are for illegal taking after fasting. But even though fasting be performed in cases of theft and forcible seizure, double shall not be paid for anything we have mentioned, until the Brehon decides it. That is the leniency of the case; but the severity is that the double of the thing due before fasting is to be paid after fasting for theft and forcible seizure. He (the plaintiff) himself is the witness of the illegal taking, but another person tells of the theft.

[Law of Social Connexions, II. 354–357.]

[24. Contracts for the Gathering for the Festivals.]

Ni bi cor cor nechtar da lina sech araile, inge curu lesaigter a cumtus; iteside inso comul comuir fri coibne techta in tan nad bi occaib fadesin comobair trebta do luad; fochraic tire; tinol cua; comull sollaman.

The contract made by either party is not a lawful contract without the consent of the other, except in case of contracts tending equally to the welfare of both; such as the alliance of co-tillage with a lawful tribe when they (the couple) have not the means themselves of doing the work of ploughing; the taking of land; the collecting of food; the gathering for the festivals a.

[Law of Social Connexions, II. 356-359.]

• Gathering for the festivals, i. e. gathering of food for consumption at the festivals, i. e. at

Easter and Christmas. (Law of Soc. Con., II., pp. 358, 359.)

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