MacNeill — Ancient Irish Law : Law of Status or Franchise. 273 



V 8. — 3. Proof and right together are founded on the nemeth} 



V 10, — 4. Whatever decision is not founded on any of these is altogether 

 void. 



6. Whatever decision (or regulation) of, the Church exists is founded 

 on proof and right of Scripture. The decision of a fill, however, is founded 

 on rules of law. The decision of a ruler, however, is founded on them all, on 

 rules of law and maxims and testimonies.^ 



V 14. — 6. There are two [kinds of] niemetli that exist on earth, the free 

 nemeth {soernemcth) and the subject nemeth {doernemeth). The free nemith that 

 are, are churchmen, vuleis, Jilicl, Fdni; the subject nemith, however, the folk 

 of every art or craft besides. The reason why the folk of every art or craft 

 are [called] subject wemiiA is because they serve the free ?iem*;f7i ; but everyone 

 also is free who purchases his franchise by his art. Hence there is [a saying], 

 " the free in the seat of the unfree and the unfree in the seat of the free." 

 Everyone [may become] free by his wealth; everyone [may become] unfree 

 by his lips. 



V 20. — 7. " The free in the seat of the unfree," the man who sells his land, 

 or his authority, or his body in service. " The unfree in the seat of the free," 

 the man who buys land or rights or franchise by his art or by his husbandry 

 or by his talent that God gives him. Hence there is [a saying], " a man is 

 better than his birth. "^ 



V 22. — 8. The seven grades of the Church : lector, usher, exorcist, sub- 

 deacon, deacon, priest, bishop. 



statement in the text — proof in a suit is based on the esistixig law and on evidence, 

 evidence comprising not only the testimony of witnesses but the tests held to be furnished 

 by various kinds of ordeal, by oath, duel, fire, etc. " Rules," roscadaib : the precise 

 meaning of this term has not been defined. Since it is distinct from fasaige, " maxims," 

 it may mean the ordinary rules of law in mnemonic form, verse or prose. Aititiu, 

 "acknowledgment," on the part of persons having authority, gave validity to contracts 

 made by those under tlieir authority (III 10, etc.). "Joint arrangement," cocorws : 

 "nature" here means equity. 



' Nemeth, ordinarily meaning " sacred," is a generic term for every person having the 

 franchise of the Feni. 



- At the time of this text, Jili was used in its wide sense of a man of Irish learning. 

 Ihefilid had all the functions of the earlier Druids except the care of religion. They were 

 the custodians of law. " Prophecy had ruled in the law of nature, in the jurisprudence of 

 the island of Ireland and in her filid ' ' (III 30). "The rules of true nature which the Holy 

 Ghost had spoken through the mouths of the jurists (brithemoii) and the jwatjilid of the 

 men of Ireland" (I 16). Hoscadaib, "rules of law" : these, ace. to the commentary, 

 were in filidecht, which is to be understood in its later sense of " poetry." Cenn Faelad 

 (III 550) composed a work known as Diiil Roscad. 



' The only class in the community which was excluded from obtaining franchise waa 

 that of doerfuidir (V 520) consisting of persons who had forfeited their lives ("V 360), but 

 who had been ransomed and accepted as tenants under a lord. For others, if they had 



