On taking possession:
Noble tribes quickly obtain possesion of land; it is secured to them by the work of their horses; Lands are not taken possesion of until proof is given; he shall sooner get possesion if from the middle entry; it is not true possesion.
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Whatever man brings the means of taking possesions it is thus he shall being it: He shall give notice for the space of 30 days upon the land; he shall serve notice everyday respecting it during the period of the first 10 days, or according to others on the first and last day, and on the middle day; and, unless he has been responded to during that time, he is to go over to the border of the land, having 2 horses in his hand (by the bridles), and having a witness, at the end of the first 10 days; and law is due to him at the end of 5 days in the first 10 days, and at the beginning of the middle 10 days, and he shall remain within for a day and a night. And if he is not responded to then, he is to go out during the period of the middle 10 days, and law is due to him at the end of 5 days of the middle 10 days; and he shall serve notice upon the defendant during the period of the middle 10 days, or, according to others, it may be on the first day, and on the middle day, and on the last day, and unless he is responded to, he is to go over to the land at the end of the middle 10 days, and at the beginning of the last 10 days into the third of the land, he having with him 4 horses and 2 witnesses. He is to serve notice during the period of the last 10 days, or according to others, it may be on the first, and on the middle day, and on the last day; and unless he is responded to, he is to go out, and he is to serve notice on the defendant every day outside during the period of the last 10 days; and unless he is responded to, he is to go over at the expiration of the last 10 days until he arrives at half (middle point of) the land, having 8 horses and 3 witnesses with him, one half of them of the chieftains rank, and the other half of the feni rank; and unless Law is offered to him before going over, it is not u lawful for him to come out until it is ascertained whether the land is or is not his; and if it be certain to him that law will not be given to him before going over, it is not unlawful for him that he has not given notice, provided that he has brought the means of taking possession.
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Entry over a wall, a first entry; Law does not legalize possesion; and entry twice ten days on land long tilled; it is law that takes possesion of the land for him from the other party
There are seven lands with the Feni into which distress is not taken, into which not cattle are brought for entry; it is men that are required. Quickly the exception of the entry are seized upon; a "Dun"-Fort without land; the church without a green; to the land on which there are plunderers; the deadly place of murrain; an island in the sea to which cattle are brought; land which secures rent of a 'Nemidh'-person; land which the chief divides after the death of the tenant, where a hole is dug, where a stone is put.
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If distress be brought into either of these seven lands, there are 5 'seds' due either by the guilty person or the kinsman; or, indeed, according to others, it is 5 'seds' by the kinsman, and there is nothing due by the guilty person until damage arises, and when damage arises there are 5 'seds' due by the guilty person. If it be cattle that he has brought to take possesion in this instance, it is fine of lawful actual-possesion of land with chief and tribe, or of land without chief or tribe. The same number of cattle which is brought to take possession of the other lands is the number of men that shall be brought to take possession of these lands.
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Ciannacht took posession of a distant farm; she arranged two ewes there; she passed over the mound-fence as the first entry; she challenged the tribe to come to terms of agreement with her as to her land; she afterwards remained, according to the Fenecus, for 8 days with women witness on the occasion of the first entry, to prove that she did not sell her first modesty. In four days after it is that every woman's entry is lawful. She went afterwards again to the head of her land with double stock, a kneading trough, a sieve, and a baking implement; in due order she claimed her right with a man witness. If she is afterwards responded to, she is entitled to four days for her first suit, to two days for her middle, and her last to speedy judgment.
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If it be certain to him the the law will not be ceded to him, it is guiltless in him to go over with all his cattle. If it be certain to him that it (law) will be ceded, it Is full fine of lawful actual possession that is to be paid by him; whence is derived the rule of law "let a notice of thrice ten days be given, when it is doubtful to him whether law will be ceded to him or not ceded," I.e: within the territory he is tarrying while he is supplicating the defendant on the last occasion, but at his own house on the first and middle occasion.
That is, every time that the men give notice of thrice ten days the women give notice of twice four days, and whatever number of horses the men bring it is the same number of sheep which the women bring; and the extent to which the men enter into the lands same extent to which the women enter. Everytime that it is women who bring the means of taking possession it is a notice of thrice four days they serve on the defendant, and it is thus they serve it, I.e: They serve notice on the defendant everyday during the space of the four days; or indeed according to others, it is on the first day, and on the middle day, and on the last day; she is to go out at the expiration of the first four days, and in the beginning of the middle four days she is to go again over the mound fence of the land, having two sheep with her and a female witness, and she is to remain there for a day and a night, and unless she if responded to she is to go to her house, and remain there during the space of the four middle days, and to serve notice everyday on the defendant during the period of the four middle days; or according to others, it may be on the first day, and on the middle day, and on the last day, and she is to go out then as far as a third of the land, having four sheep with her and two female witnesses, and she is to remain there for a day and a night, and unless law is ceded to her she is to go to her house and remain there during the space of the last four days; and she is to serve notice everyday upon the defendant during the pace of the last four days; or, according to others, it may be on the first day and on the last day she is to go out as far as half the land, having eight sheep with her and three female witnesses, and she is to remain there for a day and a night. If law be ceded to her then, they are to make regulations according to law concerning the land; and if law e not ceded to her, it is safe for her though she should not come, but she is to bring all her cattle over at the expiration of the thrice four days; and even though it should have been certain before going over that the law would not be ceded her, though law had not been given to anyone, or law of actual possession touching it, but she is to go over it with her cattle and with her people at once.
A notice of two days is to be given by women that they will enter upon land at the expiration of the six days; it is accordingly in eight days, and a stay of four days; they go over accordingly in twelve days.
The men give notice of trice ten days touching their lands; at the expiration of the first ten days they shall go over the mound-fence of the land, each having two horses with him, and a witness who has Dire (honourprice) equal to the value of the land; and he is to return to his house within the space of the middle ten days and at the expiration thereof he is to go over as far as a third of the land, having four horses with him, and he unharnesses them in the land, and he has two witnesses; ie: each man of them has Dire (honourprice) equal to the value of the land; he is to return to his house and remain there during the period of the last ten days, and at the expiration thereof he is to go over into the land as far as he may think proper, having eight horses with him and three witnesses, each man of whom has Dire (honourprice) equal to the value of the land; and he shall remain there until law is ceded to him concerning the land.
The difference between a woman possesion-taking, and a man possession-taking is this, that which is ten days for the man is four days for the woman, and what is man witness to the man is woman witness to the woman, ie: until the last four days in which man witness is required for both; what is horses for men is sheep for a woman. Into the 'cruid'-land or 'sliasta'-land of her mother she brings this possession-taking, and there is no son; or according to others, it is into the land of a father or a grandfather, and there is no male heir.*
Sencha adjudged in his first decision woman possession-taking as man possessin-taking, so that there were blotches raised on his cheeks after having passed biased judgements.
Brigh in her truth by her true judgements cured him; it is she that established woman possession-taking, so that the blotches on his cheeks were concealed after the true judgments were passed. (From this is derived the rule that though a person may compose a satire, or do other injury to another, if any relative of his/hers should compose a eulogium after that, the latter will nullify the satire; he should good the injury, that is the same as he had done so himself.)
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That is the judgment which Sencha passed was that female possession-taking should be like male possession-taking, and blotches did rise on his cheeks – and the truth of Brigh cured him. And the judgement she passed was that women should have a possession-taking of their own. And from this it s evident that what damage a person attempts to do, if a friend or a relative should undo it, it is the same if he himself should repair it.
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Seither (daughter of Fergus, son of Ledi, who was married to Aluan MacDach, one of the Feni, and she had a son by him Nia MacAnluain) claimed the lands which the chiefs of her tribe had taken possession of. She was a woman of two races (ie: her father was of e Ulta and her mother was one of the feni of Temhair), who was entitled to the land, (ie: that it should not, according to the delightful knowledge, be bound to perform the services of attack and defence for the entire of it, ie: she shall not feed the head of the tribe or any other person, but according to her own wish, ie: she shall not feed here and there for the sake of the territory, ie: there shall neither be rent nor keeping upon her, nor refection for the guests of the territory nor of the 'Dun'-fort, but every impost is removed from her), and she sought that it should not be after the custom of slaves or dispossessed persons (ie: she was not removed from it upon the road without receiving the one half there of without being obliged to perform the services of attack and defence) . She was freed by her tribe from obligation, because female possession reverts.
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Doighin, dost thou know the customs of an entry?
In thrice ten days law is due, if thou consult wisdom; from land of the value of one 'cumal' to thirty, it is one custom of entry, though the length of the 'Foirge'-measure should be doubled.
Two horses in hand at the border of the land, with pure witness, he demands that his legal right be ceded to him, if there be 'Feinchus'. If there be not 'Feinchus', he returns until the middle of ten days, when he should bring four horses which are unharnessed in the free land in the presence of two male witnesses. There is a similar division; in three days afterwards his right law is to be ceded to him, if there be 'Feinechus', if there be not 'Feinechus' he returns after this at the end of ten days with eight horses which he is obliged to have to relieve the house, with three man-witnesses of the 'Feni' grade. There is a similar division. If there be 'Fenechus', speedy judgment is passed in his favour, if there be not 'Fenechus', lawful possesion is given; its price is to be offered with sheds, cows, food, habitation, with attendance of cattle,except in the case of the land of Conn Cetcorach, or the land devoted to the support of a mansion whichch is a 'Nemeadh'-persons. It is by means of this kind of entry every land is seized on by the Feni.
In an entry on land which has fences, it is not equally the property increases in 'seds'; it is decided if it be with kine he takes possesion, it is a 'cumal' that is mentioned. Unless it be a lawful possesion in a land without a chief, without a tribe; the cows which are brought are forfeited