Senchus nuaidh  

 

Corus Bescna - Customary law (Herein is the chorus of the law without commentary, see your Ollamh) 

 

 How is one bound by express contracts, for the world would be evilly situated, if express contracts were not binding?  

 

Q: How many kinds of contracts are there?  

 

A: Two; a valid contract, and an invalid contract.  

 

 Q: How many are the valid contracts?  

 

A: Three, between two 'lan-persons', between two 'saer-person', between two sane adults, whose contracts are not impunged.   

 

 A contract which a fool makes with a sane man in which fraud is discovered: it is a contract.  

 

 In a bad contract which is know to be bad made by two sensible wo/men, the fraud is divided in two; the half is paid by the 'roach'-sureties (the party who has given the warranty), the other half is forfeited.  

 

In a good contract of two sane adults with knowledge and warranty, all the amount obtained by fraud is recoverable; or the contract may be rescinded within 24 hours; but all is forfeited by them (the aggrieved party) from that forth, both the amount obtained by fraud and the rit to rescind the contract.  

 

 In the contract of two sane adults without knowledge, without warranty, the whole of the amount of the fraud is recoverable for ten days after knowledge had. If it be a contract which may be dissolved till the expiration of ten days he (the aggrieved party) can recover two-thirds of his contract (the thing sold by him), leaving one third.  

 

In a contract between two sane persons with warranty without knowledge, half the amount of fraud is recoverable till ten days after knowledge had; and it was the warranty of an extern in this case.  

 

 In the contract of two sane adults with knowledge without warranty, two-thirds may be recovered till ten days after knowledge had, and he (the purchaser or party defrauded) leaves (fails to recover) one third of the amount obtained by fraud for knowledge, and it is for verbal contracts themselves.  

 

 If it be a contract which may be dissolved, he (the vendor) leaves the third of the subject matter of the contract; or else, although the contract be dissolved, he leaves in the possession of the purchaser one third of the amount obtained by fraud for the warranty itself, and one sixth for knowledge.  

 

  

 

 Every 'Saer'-person may make contract, every 'Saithiu'-person is a 'Saer'-person; What is sensible man has know is safe; false is every fraud which the foolish do not perceive.  

 

 Everyone is foolish who deals with the son of a living father without his authority, without his subsequent adoption. It is a maxim of the law a one adopts what one does not disallow, or what he does not repudiate after knowledge, having power to do so.  

 

  Every subsequent adoption renders the contract binding; the proper qualifications of the person who adopts the contract render permanently binding every contract entered into according to law, for adoption renders it binding.  

 

  The 'Fuidhir'- tenants of a chief, the 'daer'-stock tenants of a Nemeton, fugitives from a tribe, who are proclaimed, sons, women, idiots, dotards, fools, persons without sense, madmen are similarly regarded with respect to their contracts; no deception, or bad contract, or fair contract is made binding on them, without their guardians being present authorizing their contracts.  

 

   Every command is a contract; Every recognition is a command; every full value is immovable; every 'slan'-person is one who has full value, every request is safe if everyone knows his due, but should he repent afterwards his right is forfeited. Unless another person impungs the contracts he himself (The contracting party) cannot dissolve express contracts.  

 

  There are three periods at which the world is worthless: The time of a plague; The time of a General war; The dissolution of express contracts.  

 

  There are three thing which remedy them: Tithes and first fruits, and alms; they present the occurrence plague; they confirm peace between the King and the People; they prevent the prevalence of war; they confirm all in their good contracts; they prevent the worthlessness of the world.  

 

  How are people bound in customary law?  

 

All are restrained by their own (special) rules; Draoi and Ban-Draoi of the Nemeton subject to the judgment of Anam-Charaid (soul-friends), by law and rule, by a promise till they break, and a pledge after breaking, by the right of law of the Grove/Nemeton, subject to lawful Druids and Anam-Chairdean.  

 

  Heros and Heroines, and the country people are ruled by their chief; all the chieftain classes from humble to noble are governed by the 'Corus Tuaithe'-law.  

 

 Q: How many 'Corus'-regulations are there in a territory?  

 

 A: Three; 'Corus flatha', 'Corus fine', 'Corus feinn'; They are all comprised in it (the Corus tuaithe')  

 

 Q: What is the 'Corus feine'-law?  

 

  Tillage in common, marriage, giving in charge, loan, lending, equal goods, purchases, contracts, mutual pledges, attending the sick, distress for 'Eric'-fine.  

 

  The 'Corus fone'-law divides the land among the natural tribemen, and the adopted sons, as well as those whom they have received among them.  

 

  The 'Corus flatha'-law, ie; of a chief in relation to tenants, for banquets, for manual labour, for proclamation, for pledges, for regulations and good morals, that they may attain to perfect justice.  

 

 Q: How many banquets are there?  

 

 A: Three; A Godly banquet, a human banquet, a demon banquet.  

 

 Q:What is a Godly banquet? A gift to God, the sunday gift every week, the celebration of the solemn festival,, feeding a pilgrim, a gift to a Nemeton, baptismal reflection, feeding the guest of the Gods, sheltering the miserable, consecrating a Nemeton, feeding paupers, harboring the poor; it is well if they observe these. The chiefs are bound to levy these upon their land.  

 

  What is a human banquet? The banquet of each ones feasting house to his chief according to his (the chief's) due, to which his (the tenant's) deserts entitle him; viz; a supper with ale, a feast without ale, a feast by day.  

 

  The feast without ale is divided; it is distributed according to dignity; the feeding of the assembly of the forces of a territory assembled for the purpose of demanding proof and law, and answering to illegality. Suppers with ale, feasts without ale, are the fellowship of the Feini.  

 

  Proper work-service for a hosting, for building, a 'dun'-fort, for a pledge, for a meeting, for avenging, for service of attack, for service of defense, for serving the Gods, for assisting in the work of the Lord; and each should render this to his prince, to his tribe, to their Draoithe to protect his lord in his property, in each service according to the Gods and man, for good custom, for good law, for good council; for every lawful profit is legal, every return, every "saescuir"-offering, every mark of respect which is due is levied, what is demanded is paid of what is due to distinguished persons according to the Gods and man.  

 

  A demon feast, ie: a banquet which is given to sons of death and bad men, ie: to lewd persons and satirists, and jesters, and buffoons, and mounte-banks, and outlaws, and heathens, and Harlots, and bad people in general, which is not given for earthly obligation, and is not given for heavenly reward- such a feast is forfeited to the demon.  

 

  The chiefs are entitled to the redemption of their pledges; they give pledges for the payment of tithes, and first fruits, and alms by their tribe and by their tenants in "aigillne"-tenure; every great chief is entitled to them from his people. they remove foul weather by their good customs of "cain"-law, and "cairde"-law.  

 

  Every person who does not fulfil the law of his service shall not have full "dire"-fines noone found at profitable work shall be defrauded; "dire"-fine is due to him.  

 

  Let everyone pay to his chief, to his Nemeton, to his tribe, that which is due to them; each member is to pay to his proper head. Distinguished persons of every grade have honor according to their dignity.  

 

  Every people has a duty towards its king; every king together with his people has a duty towards the Nemeton and its members in their several (nine?) orders, every order should be submissive to its superiors, every act of obedience should be done in accordance with proper councils. There are three classes of tresspasses to him. Worthiness and purity take precedence of desert. Only three "Eric"-fines are ordained.  

 

  The enslaved shall be freed, and plebians shall be exalted by receiving Nemeton grades, and by performing appropriate service to the Gods; for access to the Gods is the right of every member of the Clan according to their status, for the Gods are accessible; they will not refuse any kind of person after their belief, either among the noble or the plebian tribes; so likewise is the Nemeton open for every person who goes under Her rule.  

 

  Dubhthach Mac Ua Lugair, the poet, spoke the judgements of the men of Erin according to the law of nature, and to the law of the prophets, for prophecy had governed according to the law of nature, the judicature of the island of Erin, and the poets, who had the gift of prophets, foretold that the bright language would come ie: the law of the letter.  

 

  There are many thing that came into the law of nature which did not come into the written law. Dubhthach showed these to Padraig; what did not disagree with the word of God (the god of rome) in the written law, and with the consciences of the believers, was retained in the Brehon code by the church and the poets. All the law of nature is just. It was with them that the harmony of faith and obligation were amended to the Nemeton and the people, and the right of either party from the other and in the other; for the people have a right in the Nemeton, and the Nemeton in the people.  

 

  The right of the people as against the Nemeton in which they are proper law; They (the people) demand their right from the Nemeton, ie: baptism and Comunnion (with the Gods), and 'Requiem' of 'soul', and offerings (both public and private), (marriage, judgements, sacrifices, teachings of youth, ect) are due from every Nemeton to every person after his proper station, with the recital *the word of god to(the bond of...) all who listen to it and keep it*; evry order is to abide in its proper position, that their gifts, their tithes, their first fruits, their firstlings, their bequests, and their grants may be legal, and may be given to the Nemeton according to the purity of the order, with relief of each pure person if an impure person who does not observe justice has assailed him.  

 

  Every dignitary is to have his demand; every head to direct its members; purity benefits the Nemeton, as regards the receiving every son for instruction, every Bard/Druid to his proper Duties (orig: pennance), with proper payments of all to their proper Grove/Nemeton.   

 

  Let every tribe, every Bardic/ Druidic tribe (college), every 'andoit' (shrine/tribe of a patron saint/deity) tribe, be in their proper right; let the stranger tribe have its right, let every pure (noble) person be estimated by comparison with the impure; let every selection be by consent of the council; every rule according to the council with purity (nobility), with similarity; let every dignified person have direction, every lord mutual good, let every slave (servant/cele) be in obedience with maintenance, every maintenance in its right.  

 

  The right of a Nemeton from the people is,, tithes and first fruits and firstlings; those are due to a Nemeton from her members (subjects [clans])  

 

 Cain: What are the lawful firstlings? Every first-born, ie: every first birth of every human couple, and every male child that opens the womb of his mother, being the first lawful wife, with sanaiste (confession) according to the anam-charaid (soul-friend), by which a Nemeton and Imbas are improved; and also every male animal that opens the womb of his mother, of smell or lactiferous animals in general. First fruits are the first of the gathering of every new produce wether small or great, and every first calf and every first lamb which is brought forth in the year.  

 

  Every male child which opens the womb of his mother  

 

  Every male animal in general.  

 

  Every tenth (ninth) birth afterwards, with a lot between every two sevens, with his lawful share of his family inheritance to the claim of the Nemeton, and every tenth plant of the plants of the earth, and of cattle every year, and every seventh day of the year to the service of the Gods, with every choice, with every choice taken more than another after the desired order.  

 

  Every grant with its noble rights should be made to the Nemeton by each according to his dignity. 

 

Cain: What us the law of each gift from each grade of the leity according ti their dignity, to a Nemeton? The gift of an 'Ogaire'-Chief, is 3 'seds' or their value; the gift of a 'Boaire'-Chief, 5 'seds' or their value; the gift of an 'Aire-Desa'- Chief, 10 'seds' or their value; the gift of an 'Aire-Ard'-Chief, 15 'seds' or their value; the gift of an 'Aire-Tuisi'-Chief, 20 'seds' or their value; the gift of an 'Aire-Forgill'-Chief, 30 'seds' or their value; the gift of a King, 7 'Cumhals' or their value; but the 'Comharbas' are not alike; the 'Comharbas' who sells and buys not, the 'Comharba' who sells and buys not, the 'Comharba' who buys and sells not. 

 

   He who sells out and does not buy in is not capable, or according to others, is capable, of making grants, provided he has not sold out too much. 

 

   He who has not sold or bought is allowed (is competant) to make grants, each (person) according to his dignity. He who buys and has not sold, is capable of making grants as he likes out of his own aquired wealth, but only if he leaves the property of the tribe intact, or a share of other land after him for the augmentations of the tribe. 

 

   There are 3 'Comharbas' with the Feini whose contracts are not equally free. 

 

   It is lawful for the 'Boaire'-Chief ti make a bequest, ti the value of 7 'Cumhals', out of the aquisition of his own hand, but only if he leaves 2/3 of his aquired property to the original tribe. If it be land that aquires it, it is 1/2, if it be land that grows it; if it be not he that aquires it, it is 1/3; if it be a professional man, it is 2/3s of his contracts. 

 

   No person should leave a rent upon his land or upon his tribe which he did not find upon it. If he wishes to leave a gift or 'seds' for futur maintenance, or 'seds' of maintenance, or peculiar possesion of peculiar affection, or marriage dowry; a concealment is not forfeited unless the tribe be unqualified. 

 

   No person should grant land except such as he has purchased himself, unless by the common consent of the tribe, and that he leaves his share of the land to revert to the common possesion of the tribe after him. 

 

   The father may remove a son who does not maintain him from his land, and gives his land to one who maintains him, until the value of a man is got out of it; unless the son maintains him not because the father is unqualified. 

 

   If it be to a Nemeton on gives his land for maintaining him, it is forfeited to it (the Nemeton) until it has the worth of service as far as the value of 1/3 or 1/2 of what was purchased; for it is the same as if the tribe had become extinct when it does not attend to it duties. It is one of the duties of the tribe to support every tribe-man, and the tribe does this when it s in its proper condition The proper duties of one towards the tribe are that when he has not bought he should not sell; that he does not wound; nor desire to wound or betray; although he be not wise, but that his folly has not been taxed; although he be not wealthy, be that he be not a plunderer of the tribe or land. Everyone is wealthy who keeps his tribe-land perfect as he got it, who does not leave greater debt on it than he found on it. 

 

   A son who supports his father impungs every bad contract of his father's, he does not impugn any good contract. He notices although he does not dissolve So is the father in relation to the son who supports him; he impugns every bad contract, but does not impugn any good contract. 

 

   Not so the son who oes not support his father; he does not dissolve any good contract or any bad contract of his fathers. Not so the father in regard to the son who does not support him; he sets aside every bad contract and every good contact of his son's if he has by notice repudiated the contracts of his son, that all might know it. The 'seds' of his son are forfeited to him whenever he seizes them; whatever his son has obtained from others in exchange is forfeited; whence is said "Thou shalt not sell to, or buy from an unqualified person; thou shalt not buy from a fool of those among th 'Feini', from a won, from a captive, from a bondman, from a bondmaid, from a Bard, from the son of a living father, from a stranger, from a thief."  

 

  His 'Eric'-fine and his bequest. 

 

Five 'seds'is the fine uopn a person who entertains a fugitive is known 

 

 * That is, six 'seds' is the extent of the fine for entertaining a proclaimed person unawares according to the Fenechus, ie: Six cows are claimed as fine for entertaining a proclaimed person in the 'Cain Fuithribhe'-Law; and five 'seds' in the Senchus Mor, ie: Three cows go to each 'eric'-fine of them, and this is for entertaining a party fit for action, but one cow if they are not fit for action, ie: Similar to what is in the 'Cain'-law, viz, six ounces of they (the person entertained) be fit for action, and two ounces if they be not fit for action. 

   As to every crime which s/he (the person entertained) shall commit not withstanding 'ban-apadh'-proclamation, while with the tribe-man, the third of the fine shall be upon him/her (the tribe-man). If s/he is with him/her in violation of law his/her full crime shall be upon him/her (the tribe-person). If s/he (the proclaimed person) be entertained by a wo/man of another tribe while under 'ban-apadh'-proclamaition, half of the fines for his/her crime shall be upon him/her who entertains; but full crime is commited if s/he be entertained in violation of law. Of every crime whic s/he commits before coming to bim/her the full fine shall be upon him/her who entertains, for supporting, councilling, and sheltering him/her; and for supporting and councelling him/her only, half his/her crime shall be upon him (the entertainer). The leniency of the law in this case is, that s/he (the entertainer) bears his/her crime only; its severity is, that the crime and the 'smact'-fine fall on the person with whome s/he is. 

 

Every putting away of a woman for disqualification.

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