314 Proceedings of the Royal Irish Academy. 



Maigne. 



The tract headed Maighne, " Precincts " (IV 226) is a somewhat late 

 compilation on the subject of the right of protection. It embodies many 

 quotations from older writings. It derives its present title from the fact 

 that it begins with an account of the maigen or private precinct allowed by 

 law to certain classes of privileged persons. These are the various grades of 

 nobles from bdaire up to the king of Ireland, of ecclesiastical persons from the 

 " exile of God " up to " the heir of Patrick," and of filid. Any person who 

 happened to be within the precinct came under the owner's protection, and 

 violence done to such a person was accounted a wrong against the owner, for 

 which the owner could take legal remedy. The precinct of a hdaire was 

 symbolically fixed at a circle around his house, the radius of wliich circle was 

 the cast of his spear. The radius was doubled for the next higher grade, and 

 so ou for each grade in succession, so that the precinct of the king of (a number 

 of) tuatha had a radius of sixty-four spear-casts. But this area could not 

 extend beyond the owner's private land tfaithche). 



Protection in this sense is called covmirce and ditiu in the tract. The 

 older terms are hirthiu/e (U.B.) and snddud (C.G.). 



Certain regulai ions are stated : 



A person under protection could not take others under his own protection. 



" There is no protection without offer of law." If a suit lay against the 

 protected person, and he refused to answer it. he could not be lawfully pro- 

 tected against the lawful proceedings of the plaintiff. 



A multitude couLl not come under protection. The maximum number is 

 stated at twenty-seven persons. 



When a person whose life was forfeit came under the protection of a 

 church, he could save his life by payment. If, however, he did not " offer law," 

 the church incurred a liability for protecting him or for allowing him to 

 escape. But, according to another doctrine, churches and ruling nobles 

 could give protection " without asking questions," whereas the P^ni grades 

 had not this right. 



A tutor who accepted a fee was under liability for offences committed by 

 the pupil. It is to be understood that the pupil is resident under the 

 authority of the tutor. 



Subjoined here are two " heptads," one stating exceptions to the right 

 of protection {snddud, ditiu), the other dealing with the right to "sick- 

 maintenance " (folach, folach u-othrusa, often simpl}' othrus). 



V 290. — There are seven resistances in the usage of the F^ni, the rights 

 of which are most difficult to shield — there is no right for lord or for church 



