Haddan & Stubbs, Councils II.2 (1878), Appendix B — the editors’ English rendering of the Irish extracts, modernised in place. Extract numbers, source references, and footnotes follow the edition.

Editors’ Preface #

The Senchus Mor is the code of the old Irish law, derived from pagan times, but drawn into the form of a code and modified so as to be in harmony with Christianity and to recognize the Christian Church, under the influence of Christian ecclesiastics. The date at which it was compiled is affirmed by itself and by the Four Masters to have been that of St Patrick — who with Benignus and Cairnech makes up the ecclesiastical trio of its nine alleged compilers. Irish scholars like Dr O’Donovan assert the language of the code itself, apart from the Introduction and the Glosses, to be consistent with such a date. The place also at which it was in part drawn up, viz. Tara, which ceased to be a royal residence A.D. 565, indicates that it was at least commenced before that year at latest. On the other hand, the more than questionable Christianity of at least two of the kings named among its compilers; the analogous case of Howel Dda’s Laws, where the mere fact of a triple code (besides other difficulties) shows that the literal statement of its origin only approximates to the truth; the great improbability that the influence and territorial endowments of the Church could have been so great in Ireland at that early date; and the general presumptions against the literal truth of a legend of such a character and period — incline us to the conclusion that the story in the Introduction contains only a nucleus of truth, and that Dr Todd’s is the soberer judgement, who holds it “not impossible that such a work may have been begun in the times of St Patrick, but that the Senchus Mor in its present form cannot be of so remote an age” — although he would date even the later portions (now, we suppose, inseparable from the rest) as not later than the ninth or tenth centuries. The thirteenth century appears to be the earliest date of any existing manuscript. The Irish, with a translation, of a portion of the code was published at Dublin — vol. i in 1865, vol. ii in 1869 — under the authority of a Royal Commission, by Dr W. Neilson Hancock, with the co-operation of Mr O’Curry and Dr O’Donovan until their deaths, and then of Professor Thaddeus O’Mahony, under the title Ancient Laws of Ireland — Senchus Mor. Vol. I contains the Introduction to the Senchus Mor and the Athgabháil or Law of Distress as contained in the Harleian MSS; vol. II the Law of Distress completed, the Laws of Hostage-Sureties, Fosterage, Saer-Stock Tenure, Daer-Stock Tenure, and Social Connexions. Other volumes were to follow. The extracts here given are those portions only which refer to the Church.

The Extracts #

[1. Place, Time, and History of the Code] #

The place of this poem and the place of the Senchus was Tara, in the summer and the autumn, on account of its cleanness and pleasantness during those seasons; and Rath-guthaird, where the stone of Patrick is at this day in Glenn-na-mbodhur (the glen of the deaf), near Nith nemonnach [near the source of the Ardee, co. Louth], was the place during the winter and the spring, on account of the nearness of its fire-wood and its water, and on account of its warmth in the time of winter’s cold.

And they were composed at the same time — in the time of Laeghaire, son of Niall, king of Erin; and Theodosius was monarch of the world at that time, and in commemoration of this the poet said:

“Patrick baptized with glory In the time of Theodosius; He preached the Gospel without failure To the glorious people of Milidh’s sons.”

And the authors of the Senchus were the number of the persons of the Senchus — namely:

“Laeghaire, Core, Dairi the hardy, Patrick, Benen, Cairnech the just, Rossa, Dubhthach, Ferghus with science — These were the nine pillars of the Senchus Mor.”

But the author of the poem was Dubhthach Mac ua Lugair, royal poet of the men of Erin. [Dubhthach’s poem, and its history, are given in the original work; it recites the condemning to death of the murderer of Odhran, St Patrick’s charioteer.]

The cause of the Senchus having been composed was this: Patrick came to Erin to baptize and to disseminate religion among the Gaedhil — that is, in the ninth year of the reign of Theodosius and in the fourth year of the reign of Laeghaire son of Niall, king of Erin.

After this Patrick requested of the men of Erin to come to one place to hold a conference with him. When they came to the conference, the Gospel of Christ was preached to them all; and when the men of Erin heard of the killing of the living and the resuscitation of the dead, and all the power of Patrick since his arrival in Erin; and when they saw Laeghaire with his druids overcome by the great signs and miracles wrought in the presence of the men of Erin, they bowed down in obedience to the will of God and Patrick.

Then Laeghaire said: “It is necessary for you, O men of Erin, that every other law should be settled and arranged by us, as well as this.” “It is better to do so,” said Patrick. It was then that all the professors of the sciences in Erin were assembled, and each of them exhibited his art before Patrick, in the presence of every chief in Erin.

It was then Dubhthach was ordered to exhibit the judgements and all the poetry of Erin, and every law which prevailed among the men of Erin, through the law of nature, and the law of the seers, and in the judgements of the island of Erin, and in the poets.

They had foretold that the bright word of blessing would come — that is, the law of the letter; for it was the Holy Spirit that spoke and prophesied through the mouths of the just men who were formerly in the island of Erin, as He had prophesied through the mouths of the chief prophets and noble fathers in the patriarchal law; for the law of nature had prevailed where the written law did not reach.

Now the judgements of true nature which the Holy Ghost had spoken through the mouths of the brehons and just poets of the men of Erin, from the first occupation of this island down to the reception of the faith, were all exhibited by Dubhthach to Patrick. What did not clash with the Word of God in the written law and in the New Testament, and with the consciences of the believers, was confirmed in the laws of the brehons by Patrick and by the ecclesiastics and the chieftains of Erin; for the law of nature had been quite right, except the faith, and its obligations and the harmony of the Church and the people. And this is the Senchus Mor.

Nine persons were appointed to arrange this book: Patrick, and Benen, and Cairnech — three bishops; Laeghaire, and Core, and Daire — three kings; Rosa, that is, mac Tricim, and Dubhthach, a doctor of the Bérla Féini [the dialect of the Féini, in which these laws were written], and Fergus, a poet.

Nofis, therefore, is the name of this book which they arranged — that is, the knowledge of nine persons — and we have the proof of this above.

This is the Cain Patraic, and no human brehon of the Gaedhil is able to abrogate anything that is found in the Senchus Mor. — Introduction, vol. I, pp. 2–19.

[2. Dire-fine equal for king and bishop] #

In the Senchus was established equal dire-fine for a king, and a bishop, and the head of the written law, and the chief poet who composes extemporaneously, and for the brewy who is paid dire for his hundreds, who has the ever-full caldron and his lawful wealth. — Introduction, I. 40. [So also in dispensing hospitality, the haunch was reserved for “the king, bishop, and literary doctor”, Introd., I. 49.]

[3. Tithes, first-fruits, alms, contracts] #

There are three things which are paid — tithes and first-fruits and alms — which prevent the period of a plague, and the suspension of amity between a king and the country, and which also prevent the occurrence of a general war.

The binding of all to their good and bad contracts prevents the lawlessness of the world.

Except the five contracts which are dissolved by the Féini, even though they be perfected: the contract of a labourer without his chief, the contract of a monk without his abbot, the contract of the son of a living father without the father, the contract of a fool or mad woman, the contract of a woman without her man.

In like manner are fixed the contracts by word of mouth, as Adam was condemned for his red fraud: all the world died for the one apple. — Introduction, I. 50–52.

[4. A stumbling bishop to be degraded] #

There are four dignitaries of a territory who may be degraded: a false-judging king, a stumbling bishop, a fraudulent poet, an unworthy chieftain who does not fulfil his duties. Dire-fine is not due to these. — Introduction, I. 54.

[See also pp. 56–57: “Inflicting wounds, or committing acts of treachery, upon bodies or persons, or fratricide, or secret murder, or refusing to entertain a company, or adultery, if it be committed by any one of an ecclesiastical grade, deprives such ecclesiastical orders of full honour-price at once until they pay éric-fine and do penance; and they all return to their former dignities except the bishop, who does not return, but becomes a hermit; or, according to others, it is the virgin bishop only who does not recover his grade or his perfection again — the bishop of one wife does return, when he performs penance within three days.” And p. 61: “All men whose office did not compel them to frequent the Church have a cumhal for frequenting the Church. If a person of the six grades of the Church has done these deeds, he shall move to a higher grade, so as he does penance in proportion to the dignity of the grade, however insignificant the crime… When they [the brewys] have not increase of property to entitle them to recover their rank, they must do penance at their own church,” &c.]

[5. Value of a bishop’s testimony] #

The king excels all in testimony, for he can by his mere word decide against every class of persons except those of the two orders of religion or learning who are of equal rank with himself — as the doctor, or the bishop, or the pilgrim (exile of God). — Law of Distress, I. 78.

[6. Furniture of a church] #

It is in it [the rule of one day’s stay] were included distresses for clothing for the festival day, weapons for the battle, a horse for the race, an ox for ploughing, a cow for milk, a pig with fatness, a sheep with its fleece; the withholding of his food-tribute from a king, the food-tribute of a chieftain, the deficiency of a feast, the furniture of a church, &c. — Law of Distress, I. 122.

[7. Relics — churchyard] #

Distress of ten days for the partition of lands, for a relic, for the mountain land high above all, for things of value seen on the sea, for valuable articles, for digging a churchyard, &c. — Law of Distress, I. 200–202.

[8. Advice of the Church in making laws] #

Hitherto have been enumerated the distresses of one day, and of two days, and of three days, and of five days, and of ten days, by the Féini by the advice of the Church, from the customs of the laity, from the true laws of the poets, from the concurrent opinions of the kings, from the advice of judges — except what conscience and nature added from true judgements according to analogy. — Law of Distress, I. 208–209.

[9. Injuring utensils of the altar] #

(This is included in a wish of injuries for which a distress of three days is ordered. The cup and chalice are the utensils specified.) — Law of Distress, I. 233–235.

[10. Exemption of clerks from the duty of interfering to prevent violence] #

There are also other lookers-on who are exempt — namely, clerics, and women, and boys, and people who are not able to wound or protect or forbid, and imbeciles and incapables. — Law of Distress, I. 242–243.

[11. Why distress is fourfold] #

(Among other reasons) Because there are four who have an interest in everyone who sues or is sued: the tribe of the father, the chief, the Church, the tribe of the mother, or the foster-father; it may be that they all may be in one; it may be that they may all be in two, or in three, or one alone may have an interest in him.

And because there are four laws which are brought to bear upon judicature: the law of nature, the patriarchal law, the prophetic law, the law of the New Testament. — Law of Distress, I. 260–261.

[12. Exemption for those who go to obtain the communion for a sick person] #

The occasions of exemption are here set down; these are they: the attack of a host upon the house; pursuit of cattle, or a party; or the seizure of cattle, or a prisoner, or a member of a tribe having gone on a pilgrimage, or to obtain the communion, or a physician for a person on the point of death, &c. — Law of Distress, I. 266–267.

[13. Delay of ten days in distraining cattle belonging to the Church] #

The exempt cattle of the chieftain grade or of the Church shall not be distrained until a delay of ten days has taken place. — Law of Distress, II. 48–49.

[14. Steward-bailiffs of kings and bishops] #

Except steward-bailiffs which kings had to be accountable for their liabilities.

[Gloss] That is, except the stewards whom kings used to have to relieve them in paying for their liabilities, and whom all sued for the liabilities of crime or liabilities of contract due from the kings — these were the stewards or agents of the king, for the author of this law was loath to take distress from the kings or bishops themselves, though the persons suing them fasted on them for their liabilities of bargain and contract, and their crimes of foot and hand. The kings and the bishops in ancient times, according to the ancients, had stewards of their own tribe, or the king had a daer-stock tenant, or the bishop a daer-stock tenant of ecclesiastical lands, and all the septenary grades and all the ecclesiastical grades were similarly provided. Their steward-bailiffs were of the daer-stock tenants of the chieftain or of the geilfine-tribe, and their steward-bailiffs were of the daer-stock tenants of ecclesiastical lands or of the geilfine-tribe with which the bishop’s church was connected. They used to levy for them everything that was due to them and take distress for it, if necessary; and for every liability for which the kings were sued, it was from these that distress was taken. If the kings had permitted fasting to be performed, and if distress were taken from the kings without the knowledge of the steward-bailiff, there is fine of illegal distress imposed for it, of which two-thirds are due to the head (kings) and one-third to the steward-bailiff; or according to others, the two-thirds were due to the steward-bailiff. And for every illegality of distress committed against the steward he shall be paid fine for it, of which he himself shall possess two-thirds and the king one-third; or else he shall obtain all when it is from him the distress is taken; and when it is taken from the king, he alone shall get the fine for illegal distress. And as regards every illegality which the steward-bailiff shall commit respecting the distress, he alone shall pay for it; and should it happen that the head (king or bishop) committed illegality of distress, the steward-bailiff shall pay for it, and make restitution for everything that has gone into forfeiture, and the original debts of the steward-bailiff shall be paid by the head; or according to others, the part of it which has become forfeited shall not be paid for at all. — Law of Distress, II. 94–95.

[In Irish tenure of land, the chief supplied the stock, the occupier the labour. In saer-stock tenure, the nobler of the two, the occupier gave no security; in daer-stock tenure he did. See Dr Hancock’s Preface to vol. ii of the Senchus Mor, pp. xlviii sq. Geilfine was a tribe-relationship extending to the fifth degree.]

[15. Distraint of ecclesiastics] #

[Gloss] As to the distraint of ecclesiastics: fasting is to take place, and afterwards notice is to be given that they say not their Lord’s Prayer nor their Creed, and that they go not to the sacrifice nor to the offering. If they be persons in orders or religious persons, let a gad-tie be put upon their bell-houses or at the foot of their altar, and a warning given that there shall be no offering made upon it, and that the bells for the hours shall not be rung. This refers to airchinnechs and persons in orders. If they abscond, let their dry cows or their milch cows be seized, unless they tender justice. — Law of Distress, II. 120–121.

[16. Distress of an abbot upon his tenant or monk] #

[Gloss] It is the same with the distress of an abbot upon his tenant of ecclesiastical lands (monk); and of a father upon his son; and of a tutor upon his pupil. — Law of Distress, II. 128–129.

[17. Privileged residence in which there is a bishop] #

[Gloss] There is, however, a residence which washes out the liability of a distress — namely, to seize in an assembly in which there is a king, or a bishop, or a professor, or a noble nemidh, whoever he may be; to seize in the green of a satirist, or of a man who does not suffer gruaidhi [cheek-blushing, i.e. satire], for he vouchsafes no right whatever to a person. — Law of Distress, II. 128–129.

[18. Distinctions of Sundays and festival-days] #

The son of the aire-desa chief wears clothes of a different colour every day — his cloak or his tunic is to be of a different colour every day, and he is to wear clothes of two different colours on Sunday; and he is to have both old clothes and new clothes.

The son of the aire-tuisi chief is to have all his clothes coloured, and is to wear clothes of two colours every day, both old and new, and to wear new clothes of two colours every Sunday. He is to have coloured clothes every day — clothes for Sunday and clothes for the festival, but each of them better than the other.

The son of the aire-ard chief is to wear new clothes of two colours every day, and new clothes of two colours on Sunday and the festival day, but each of these clothes better than the other.

The sons of the two inferior aire-forgill chiefs — the same as the last mentioned.

The sons of the superior aire-forgill chiefs, and the sons of the kings, are to have new coloured clothes at all times, but exceeding each other in quality (the Sunday clothes better than the week-day clothes, and those for the festival better than those for Sunday, as already specified), and all embroidered with gold and silver. — Law of Fosterage, II. 148–149. [These are part of the duties of a foster-father. The epithets indicate the various grades of chieftainship.]

[19. Dissolution of contracts] #

As to every contract of all these which is dissolved, it is in one day, or three days, or four days they are dissolved. One day for dissolving the contracts of the tenants after knowledge of them; and three days for dissolving the contracts of the emancipated sons after knowledge of them; and five days for dissolving the contracts of the saer-stock tenants of ecclesiastical lands after knowledge of them. If their dishonest contracts only are dissolved, the time is the same as that in which the chief dissolves their own dishonest contracts — that is, in twenty-four hours, and in ten days. — Law of Saer-Stock Tenure, II. 218–219.

[20. Social connexion between the Church and its tenants of ecclesiastical lands] #

[Gloss] The social connexion which subsists between the Church and its tenants of ecclesiastical lands is preaching and offering [another MS. adds “baptism and communion”], and requiem for souls is due from the Church to its tenants of ecclesiastical lands, and the receiving of every son for instruction, and of every such tenant to right repentance; tithes, and first-fruits, and alms are due of them to her [the same MS. adds “and every first calf, and every first lamb, and every first-born of children, and every tenth child from that out”], and full honour-price when they are in strong health, and one-third honour-price at the time of death; and the Church has the power of pronouncing judgement, and proof, and witness, upon its tenants of ecclesiastical lands, both saer-stock tenants and daer-stock tenants, and upon every other layman, even though he be a saer-stock tenant of ecclesiastical lands, unless there is another Church of equal dignity claiming him. — Law of Social Connexions, II. 344–347.

[The Church — eclais, that is ecan-clas, the assembly of wisdom; or iclas, because the Church supplies everyone with what he requires; or uag-clas, pure assembly — the Church is an assembly purer than all others; or ecen-leas, by which one’s welfare is effected when he is in difficulty; or eclas, from the Greek ecclesia, “the assembly of the just”. “Her tenants of ecclesiastical lands” — manchu, the people who give it valuable goods (maine) after a proper manner.]

[21. Restitution for illegal taking of church property] #

Restitution is paid for every illegal taking with which they are charged by fasting, except when the Church is concerned.

[Gloss] “By fasting” — that is, when fasting is not performed in seeking its restitution after it has been taken; restitution is not paid to a layman unless the fasting is performed. “Except when the Church is concerned” — unless the property has been taken from an ecclesiastic: if it has, there shall be restitution before fasting, for the force of the “except” is that where there is restitution of milk or work to a layman, there shall be double restitution to the Church. Restitution is also paid for everything which is taken away from one without asking permission — that is, for the forced relief or loan which is to be forthcoming in its proper time of payment — except when the Church is concerned. — Law of Social Connexions, II. 352–353. [For the custom of fasting in connexion with distraint, see Dr Hancock’s Preface to Senchus Mor, vol. i, pp. xlviii sq.]

[22. Duty of the Church on account of land, &c.] #

[Gloss] The excessive return for the stock is the implied duty of the tenant out of that which goes to the account of each excess of measure. The implied duty of the Church is the feeding of the last survivor without a tribe, without land, without cattle, and of every son left destitute, and of every tenant of ecclesiastical lands. And the implied duty of a tenant of ecclesiastical lands — that is, the tenth, &c. — Law of Social Connexions, II. 354–355.

[23. Restitution of eric-fine and of penance] #

Restitution of eric-fine and restitution of penance are to be paid to the Church before fasting; restitution, and dire-fine, and honour-price after fasting, and the amount for the illegal taking, are paid in penance. Restitution is due to everyone in general for illegal seizure before fasting; but restitution, and dire-fine, and honour-price are due for theft, and for illegal seizure, before fasting — and these penalties are for illegal taking after fasting. But even though fasting be performed in cases of theft and forcible seizure, double shall not be paid for anything we have mentioned until the brehon decides it. That is the leniency of the case; but the severity is that the double of the thing due before fasting is to be paid after fasting for theft and forcible seizure. He (the plaintiff) himself is the witness of the illegal taking, but another person tells of the theft. — Law of Social Connexions, II. 354–357.