MacNeii.l — Ancient Irish Lav) : Law of Status or Franchise. 293 



strewing of it. If it be throwing upside down, a chattel therefor, and resti- 

 tution.' (There is) exempt and unexempt in the case of a bed. It is exempt 

 to sit and lie down in it, and even if breakage be done it — in this case, up to 

 a height level with the head ; whatever is higher than the head is not 

 exempt. The dire of the two posts is one chattel. If it be in the winter 

 quarter, a half is added.^ 



91. Grinding without leave in the mill of a " landman," five chattels and 

 forfeiture of the meal that is ground without permission, and honourprice if 

 his guests have to fast. If there be damage, honourprice of each man whose 

 property it is, and restitution with (forfeiture of) the forepledge of grinding.' 

 If it be a kiln that is damaged, (in using it) without leave, a cow with a 

 dairt is the dire for it, and restitution. Injury to anything in it is exempt, 

 except corn that is threshed on the floor and its own sets of implements.^ 



92. The dire of his barn, five chattels, and restitution (of damage done 

 to the building) with whatever is damaged in it. The dire of his pigsty, five 

 chattels in swine, and restitution. The dire of his hatchet, a colpihach ; half 

 thereof for his billhook, before the time of fencing; in that time it is a 

 colj)tIiach. 



IV 316. — 93. Fer fothlai, " a man of withdrawal," why is he so called ? This 

 man takes precedence of (the other) bdairig, because he withdraws somewhat 

 from the position of boaire in order to lend capital to clients. The surplus of 

 his cattle, of his cows, his swine, his sheep, that his own land cannot bear and 

 that he cannot sell for land, that he himself does not need, he gives in capital 

 to acquire clients. What are the returns from this man's chattels ? Eeturns 

 of seed from them : the value of each cow's manure in seed of corn for food ; 

 for a vassal is not entitled to malt till he be a lord.^ 



1 "The feet " may mean what is called in English the foot of the bed. " The wall " 

 may mean the upstanding portion forming a back to the bed ; it was probably padded 

 with rushes after the manner of thatching. 



' Here again, it is taken as a matter of course that the guests, having feasted, may 

 damage anything that rightly comes in their way. If they go out of their way to damage 

 things which are in a reasonably safe position, liability is incurred. The bed, having 

 only two posts, must have been attached at one side to the wall. In winter, the damage 

 caused greater discomfort and was harder to make good. 



^ Tuiri/ell or (airyillne, "forepledge" (see Sretha Coiniiilhchesit). When husbandry 

 was carried on by neighbours in common, even to the extent of having fences between 

 two holdings, they gave this kind of pledges to each other in advance as security against 

 damage which one might suffer from the act or neglect of the other. 



■" The principle of proper place again operates here. Except its own implements and 

 the corn, other articles are out of place in the kiln. 



^ This grade is between the vassal (ailhecJi) and the lord (Jlaith) of Irish law. He 

 haa begun to acquire clients by lending his surplus capital, he himself remaining client 

 to another, 



