Cethairṡlicht Athgabálae
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Cethairṡlicht Athgabálae
''Cethairṡlicht Athgabálae'' or ''Di Chetharṡlicht Athgabálae'' (Old Irish for "The four paths of distraint") is an early Irish legal tract dealing with distraint, i.e., the seizure of property in order to receive money owed. It is the 2nd text of the ''Senchas Már''. Manuscripts Two manuscripts give a continuous copy of ''Cethairṡlicht Athgabálae'' (British Library MS Harley 432 and Library of Trinity College Dublin, Trinity College MS 1336) however both break off before the end. Various other manuscripts preserve quotes alongside later glosses and commentary. Contents ''Cethairṡlicht Athgabálae'' is the 2nd text of the collection of legal texts called the ''Senchas Már'', coming directly after the introduction. It is placed in the first third of that collection. The compilation of the ''Senchas Már'' is generally dated between the late 7th and early 8th century CE. ''Cethairṡlicht Athgabálae'' deals with distraint ( in Old Irish). The early Irish legal syst ...
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Old Irish
Old Irish, also called Old Gaelic (, Ogham, Ogham script: ᚌᚑᚔᚇᚓᚂᚉ; ; ; or ), is the oldest form of the Goidelic languages, Goidelic/Gaelic language for which there are extensive written texts. It was used from 600 to 900. The main contemporary texts are dated 700–850; by 900 the language had already transitioned into early Middle Irish. Some Old Irish texts date from the 10th century, although these are presumably copies of texts written at an earlier time. Old Irish is forebear to Modern Irish, Manx language, Manx and Scottish Gaelic. Old Irish is known for having a particularly complex system of morphology (linguistics), morphology and especially of allomorphy (more or less unpredictable variations in stems and suffixes in differing circumstances), as well as a complex phonology, sound system involving grammatically significant Irish initial mutations, consonant mutations to the initial consonant of a word. Apparently,It is difficult to know for sure, giv ...
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Early Irish Legal
Early Irish law, also called Brehon law (from the old Irish word breithim meaning judge), comprised the statutes which governed everyday life in Early Medieval Ireland. They were partially eclipsed by the Norman invasion of 1169, but underwent a resurgence from the 13th until the 17th century, over the majority of the island, and survived into Early Modern Ireland in parallel with English law. Early Irish law was often mixed with Christian influence and juristic innovation. These secular laws existed in parallel, and occasionally in conflict, with canon law throughout the early Christian period. The laws were a civil rather than a criminal code, concerned with the payment of compensation for harm done and the regulation of property, inheritance and contracts; the concept of state-administered punishment for crime was foreign to Ireland's early jurists. They show Ireland in the early medieval period to have been a hierarchical society, taking great care to define social status ...
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Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods ( chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distraint was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a cou ...
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Senchas Már
''Senchas Már'' (Old Irish for "Great Tradition") is the largest collection of early Irish legal texts, compiled into a single group sometime in the 8th century, though individual tracts vary in date. These tracts were almost certainly written by a variety of authors, though some suggest that certain authors wrote more than one of the included tracts. The collection was apparently made somewhere in the north midlands. The ''Senchas Már'' tracts have been subjected to the greatest amount of glossing and commentary in later manuscripts. Moreover, one of the few examples of Old Irish glossing has been given to the various texts of ''Senchas Már''. These glosses were apparently made in Munster. The text has been arranged into thirds; three was apparently an important number to the Irish. A number of laws were grouped into threes, called ''triads''—a practice also common in the Welsh. One scholar has recently suggested that there were a number of groups of six including one sing ...
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British Library
The British Library is the national library of the United Kingdom. Based in London, it is one of the largest libraries in the world, with an estimated collection of between 170 and 200 million items from multiple countries. As a legal deposit library, it receives copies of all books produced in the United Kingdom and Ireland, as well as a significant proportion of overseas titles distributed in the United Kingdom. The library operates as a non-departmental public body sponsored by the Department for Culture, Media and Sport. The British Library is a major research library, with items in many languages and in many formats, both print and digital: books, manuscripts, journals, newspapers, magazines, sound and music recordings, videos, play-scripts, patents, databases, maps, stamps, prints, drawings. The Library's collections include around 14 million books, along with substantial holdings of manuscripts and items dating as far back as 2000 BC. The library maintains a programme for ...
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Library Of Trinity College Dublin
The Library of Trinity College Dublin () serves Trinity College, and is the largest library in Ireland. It is a legal deposit or "copyright library", which means that publishers in Ireland must deposit a copy of all their publications there without charge. It is the only Irish library to also hold such rights for works published in the United Kingdom. It is one of the most iconic and prominent landmarks of the university, and has housed the Book of Kells since 1661. The Library is also the permanent home to the Brian Boru harp, a national symbol of Ireland, as well as a copy of the 1916 Proclamation of the Irish Republic. One of the four volumes of the Book of Kells is on public display at any given time. The volumes and pages shown are regularly changed; a new display case installed in 2020 facilitated all pages to be displayed, including many which had not been seen in public for several decades. Members of the University of Dublin also have access to the libraries of Ta ...
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Anglo-Norman Invasion Of Ireland
The Anglo-Norman invasion of Ireland took place during the late 12th century, when Anglo-Normans gradually conquered and acquired large swathes of land in Ireland over which the List of English monarchs, monarchs of England then claimed sovereignty. The Anglo-Normans claimed the invasion was sanctioned by the papal bull ''Laudabiliter''. At the time, Gaelic Ireland was made up of several kingdoms, with a High King of Ireland, High King claiming lordship over most of the other kings. The Anglo-Norman invasion was a watershed in Ireland's history, marking the beginning of 800 years of British rule in Ireland, British presence in Ireland. In May 1169, Anglo-Norman mercenaries landed in Ireland at the request of Diarmait mac Murchada (Dermot MacMurragh), the Deposition (politics), deposed List of kings of Leinster, King of Leinster, who sought their help in regaining his kingship. They achieved this within weeks and raided neighbouring kingdoms. This military intervention was san ...
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English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ...
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Robin Stacey
Robin Chapman Stacey is an American medievalist and celticist based at the University of Washington, Seattle. After finishing her undergraduate life, she attended the University of Oxford where she complete her M. Litt. under Thomas Charles-Edwards, learning Welsh with the tutorship of David Ellis Evans.Stacey, ''Road to Judgment'', p. ix In 1986 she completed a Ph.D. with a thesis on Irish and Welsh law at Yale University, under John Boswell John Eastburn Boswell (March 20, 1947December 24, 1994) was an American historian and a full professor at Yale University. Many of Boswell's studies focused on the issue of religion and homosexuality, specifically Christianity and homosexuality .... Since 1988 she has been teaching at the University of Washington, where she is now a Professor in history. In addition to many individual scholarly articles, she is the author of the following monographs: * ''The Road to Judgment: From Custom to Court in Medieval Ireland and Wales''. Philadelp ...
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Corpus Iuris Hibernici
The ''Corpus Iuris Hibernici'' (cited as ''CIH'') is a six-volume collection of the sources for the study of early Irish law (known as Brehon law) edited by D. A. Binchy. It presents a transcription of the manuscripts (Old Irish and Latin) relevant to this study. The ''CIH'' was intended as a replacement for the ''Ancient Laws of Ireland'' (1865-1901), a series which relied on more limited sources and suffered from unscholarly and unreliable editorial work (with the exception of that done by Robert Atkinson). Prior to Binchy's work, the best sources for early Irish law were the unpublished transcripts of John O'Donovan and Eugene O'Curry, which circulated in scholarly libraries in a few (often incomplete) copies. Because of this, scholars like Rudolf Thurneysen were forced to rely on O'Donovan and O'Curry to correct errors in the published version, but nonetheless referred to the ''Ancient Laws of Ireland'' in their published footnotes for reasons of accessibility. Though the ...
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