The Glories of Ireland by Unknown
page 88 of 447 (19%)
page 88 of 447 (19%)
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could. In a proper case his hands were strengthened by very explicit
provisions of the law. "If a man who is sued evades justice, knowing the debt to be due of him, double the debt is payable by him." In urgent cases "immediate distress" was allowed. In either case the property seized--usually cattle--was not taken to the plaintiff's home, but put into a pound, and by similar easy stages became his property to the amount of the debt. The costs were paid out of what remained, and any ultimate remainder was returned. On a _fuidir_ (foodyir) = serf or other unfree person resident in the territory incurring liability to a clansman, the latter might proceed against the _flaith_ on whose land the defendant lived, or might seize immediately any property the defendant owned, and if he owned none, might seize him and make him work off the debt in slavery. 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 |
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