Mxci^EiLi,— Ancient Irish Law : Law of Status or Franchise. 285 



IV 302. — 71. An oath is sworn by body and sonl, and a hostage is given 

 (lit. goes) on behalf of the man who sheds the blood, for fulfilment of the law 

 (lit. in the law) of sick -maintenance to the value of (lit. in) a cow. (The 

 wounder) conveys (the wounded man) over gory sod into a high sanctuary 

 with protection that protects against sudden wave of throng. He gives 

 additional pledge afterwards against a bed that a physician forbids, (and) to 

 provide a physician until final cure, in fore-health, in after-health. It is 

 fulfilment (of the due) of the carriers (lit. number) of the bed, to protect them 

 as far as the station of the tiiath} 



72. "What are the proper provisions due from everyone for which a hostage 

 is given to obey the physician's decision ? Full attendance secured upon 

 guarantors, unless one obtain his care from the offender — and by force it is 

 exacted. It is along with full di7-e and honourprice that the claim is sued, 

 even though suit be made through a tongueless person. (The wounded man) 

 goes and his mother with him upon support. He is entitled to cream in place 

 of new milk on the third, fifth, ninth, and tenth days, (and) on Sunday.^ 



73. Is a special age determiired for the fer midboth who preserves state- 

 ment ? Yes, from fourteen years to twenty, to the fringe of beard. Even 

 though he were to attain the condition of boaire before he is beard-encircled, 

 his oath only pays as the oath of &fer midboth. Even though he be without 



of the patient, but that, at the time of writing, instead of direct provision, payment of 

 the expenses was required. For "sick-maintenance," instead of othrus (lit. "sicliness" 

 or " wounded condition") as above, the older term seems to have heen foloch, with verb 

 fo-loing. See Heptad 60, V 313, where the commentary says that the wounder may 

 choose either to bring the wounded man and his attendants to his own house or to pay for 

 their support, etc. 



1 This paragraph seems to embody the mnemonic provisions of oral law. The assailant 

 puts himself on the safe side of the law by immediately swearing to provide for the cure 

 of the wounded, giving a hostage as security for initial expenses, and escorting the 

 wounded to a special place of safety with sufficient guard to prevent a further attack by 

 a crowd of his own party. The high sanctuary (ardnemed) and the station of the tuath 

 (fonts tuaithe) point to a public infirmary. Final cure (derosc) implies a legal period, 

 varying according to the nature of the wound. This period included the time of recovery 

 (arsldine, " fore-health "), and the time of full convalescence (iarsldine, " after-health "). 

 If anything went wrong with the wound in the meantime, the pledge must be fulfilled. 

 Upon this, see also III, 535. 



■ This differs from the commentary above mentioned, in indicating that the choice 

 between payment and direct support belongs to the wounded person. "By force" 

 (ar ecin) does not mean by physical force, but is the contrary of ar dis, "by consent" — it 

 means that direct support can be exacted by process of law against the will of the 

 offender, if the latter refuses consent at fii'st, the claim comprises honourprice and 

 dire, i.e. corpdire, " bodyprice," as well as maintenance (othrus, folnch). A very old poem, 

 with glosses, on these three payments, is found at III. " A tongueless person " (etnged 

 means a person without franchise, and so normally incapable of suing. The liuje is 

 divided into periods of ten days, probably an old Celtic division, the third part of a 

 month. 



