of law and reveals best the customs, habits, and character
of the people. A claimant in a civil case might
either summon his debtor before a brehon, get a judgment,
and seize the amount adjudged, or, by distraining
first at his own risk, force the defendant either to
pay or stop the seizure by submitting the matter in
dispute to trial before a brehon, whom he then could
choose. There was no officer corresponding to
a sheriff to distrain and realize the amount adjudged;
the person entitled had to do it himself, accompanied
by a law-agent and witnesses, after, in “distress
with time”, elaborate notices at intervals of
time sufficient to allow the defendant to consider
his position and find means of satisfying the claim
if he 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 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.