The Catholic World, Vol. 02, October, 1865 to March, 1866: A Monthly Eclectic MagazineVarious
Religion
The Catholic World, Vol. 02, October, 1865 to March, 1866: A Monthly Eclectic Magazine
Various
Catholic Church -- Periodicals
The subject of that part of the _Senchus Mor_ which is contained in
the volume before us is the "Law of Distress"--that is, the legal
rules under which distraint was to be made of persons, cattle, or
goods, in a great variety of cases. To a general reader, the legal
verbosity and trivial repetitions make the book hard to read; but
imbedded in it, so to speak, are many curious little fragments of a
very remote and obscure social system, and some of these we shall
proceed to set before our readers.
Fines in cases of death, bodily hurt, insult, or injury of whatever
kind were arranged according to the dignity of the parties concerned.
The "honor-price" is the same for a king, a bishop, a chief
law-professor, and a chief poet who can compose a quatrain
extemporaneously.
At a feast, "his own proper kind of food" is assigned to persons of
different rank--as, for example, the haunch for the king, bishop, and
literary doctor; a leg for the young chief; a steak for the queen; the
heads for the charioteers; and a _croichet_ [unknown part] for "a king
opposed in his government."
Should a person have property, it shall not increase his honor-price,
unless he do good with it.
A king with a personal blemish was allowed with difficulty, if at all.
In case of distress by or on a person of distinction, _fasting_ was a
necessary legal form--the creditor had to "fast upon" his debtor until
a pledge was given for the claim. Something very similar to this
curious process is found in the ancient Hindoo laws, and appears to be
practised in India to the present day, under the name of "_dherna_,"
According to Sir William Jones, the creditor sat at the debtor's door,
abstaining from food, till, for fear of becoming accountable for the
man's death, the debtor paid him. As to the Irish mode of "fasting
upon" a debtor of the chieftain grade, exact particulars are not
given; but it would seem that on presentation of the claim of
distraint at the residence of the debtor the "fasting" began, and if
the debtor did not pay or give a pledge, but allowed his creditor to
go on fasting (it is not said for how long), he became liable to
double the debt, and other penalties.
If one of inferior grade comes to sue one of the chieftain grade, he
must be accompanied, on his part, by one of the chieftain grade.
Public-domain text, read in full here on John Shaqi.
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