Seizure of property of a person of higher rank than the plaintiff had
to be preceded by _troscead_ (truscah) = fasting upon him. This
consisted in waiting at the door of the defendant's residence without
food until the debt was paid or a pledge given. The laws contained no
process more strongly enforced than this. A defendant who allowed a
plaintiff properly fasting to die of hunger was held by law and by
public opinion guilty of murder, and completely lost his
_eineachlann_. Both text and commentary declare that whoever refuses
to cede a just demand when fasted upon shall pay double that amount.
If the faster, having accepted a pledge, did not in due course
receive satisfaction of his claim, he forthwith distrained, taking
and keeping double the amount of the debt. The law did not allow
those whom it at first respected to trifle with justice.
_Troscead_ is believed to have been of druidical origin, and it
retained throughout, even in Christian times, a sort of supernatural
significance. Whoever disregarded it became an outcast and incurred
risks and dangers too grave to be lightly faced. Besides being a
legal process, it was resorted to as a species of elaborate prayer,
or curse,--a kind of magic for achieving some difficult purpose. This
mysterious character enhanced its value in a legal system deficient
in executive power.
NON-CITIZENS. From what precedes it will be understood that there
were in ancient Ireland from prehistoric times people not comprised
in the clan organization, and therefore not enjoying its rights and
advantages or entitled to any of its land, some of whom were
otherwise free within certain areas, while some were serfs and some
slaves. Those outsiders are conjectured to have originated in the
earlier colonists subdued by the Milesians and reduced to an inferior
condition. But the distinction did not wholly follow racial lines.
Persons of pre-Milesian race are known to have risen to eminence,
while Milesians are known to have sunk, from crime or other causes,
to the lowest rank of the unfree. Here and there a _daer-tuath_ =
"bond community", of an earlier race held together down to the Middle
Ages in districts in which conquest had left them and to which they
were restricted. Beyond that restriction, exclusion from the clan and
its power, some peculiarities of dialect, dress, and manners, and a
tradition of inferiority such as still exists in certain parishes,
they were not molested, provided they paid tribute, which may have
been heavy.
Public-domain text, read in full here on John Shaqi.
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