APPENDIX 1
We print here marginal commentaries from A (H.2.15A = CIH 444-57).
The numbers in brackets refer to the corresponding paragraphs of the main text.
Unmarked commentary is in the hand of the first A glossator (see Introduction
p. 4). Commentary in the hand of the second or third glossator is marked
<11 or III). We omit some short sections of A commentary which have been
included with the A glosses (pp. 50-89 above), e.g. §§ 6b III, 23b II, etc.
(a) p. 21 bottom margin: (§§1-7) geal da screaball fri dighuin, 7 ni
uil fri turgabail, ar ni heigen ime riu gia daned fogla comaithgesa;
7 ni hiad na gealla so thoites and acht cain cuisg -j mian gsdair 7
ollabruig nai re re tri mblia dan; no da no is e geall is choir and geall
is cutruma rism cain cuisc .i. smact comhaithchiusa do rith riu i ar
tabairt na ngeall so am al ceatra eile; no gumadh i in chain chuisg 1
mia/7 galmr 1 ollobraigh nai, 7 a tabairt a triur du gach thir; no guna
tuctha acht ei/mi dib do gach thir; 1 gidh mor da sealbachaib beas i
ngach thir, nuchu dleagh air acht in cutruma si n doib uili re re na tri
mblia dan, 1 in cedurne rig a leas isan crich is a breith deo (read do),
1 gidh sochaidhi ita \na riachtanas a leas isan crich a ndneacht , nogo
nuil acht in cutruma sin doib uile.
(b) p. 22 left margin: (§§1-7) <Duine sein 7 beich aige 7 nocho
tuillit (= noch- nuilit D [H.3.17 col. 432 1. 34]) beich ic lucht na
ferann is nesa do, 1 is ed dl cgar de: cain cuisc 1 mian ngalair 7 allabrug
nae do tabairt do lucht na ceitri fearann is nesa do re re tri bliad an,
(§§10-12) 1 comraind saithe doib isi/7 cethrumad bliad ain; (§19 fif.) 1
isi comraind dleg#r doib .i. cetsaithe -j tanaisi 1 smeraige, 7 in crich
dib is nesa -j is ferr torad isi beires ccfsaithe gan crandchar 7 tanaisi
-j smeraige do breith dona tri crichaib aile; (§21) 7 ma ta dib side
crich is nesa no is fearr toradh a ceile is tanaisi do breith di cen
crandchur, -j crandchwr do car it ir na da crich aile, (§22) 7 inti dib
da riacht beith can [n]i in bliadain sin is cetsaithe do breith di ar is
gen crandcur; 1 in cain cuisc 1 in mian ngalair 7 in allobrugh nae do
tabairt do lucht na cethri fearann is nesa doib sium in bliad ain sin;
(§23) *] ind uair bes aimsear cora saithe doib iss ed dleg ar d[f]ir na
mbech a focra doib sium nech uaithib aca coimet arna raelat; ma
rafocair sium doib, iss ed dl cgar dib a tabairt 7 maine tugad, da
nelat na beich, nocon fuil comraind saithi doib in bliad ain sin.
(§25) Mad indscuchud donead lucht na saith[e], iss ed dl cgar cain
cuisc 7 main ngalair 7 allabrigh nae do tabairt doib re re tri mbliadmz,
7 senfeacht cacha bbabna dl cgar na neiche isein; maine dearndsat
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APPENDIX 1
indscuchud imorro nochon uil ni doib siu/r? and sidhe, (§24) [now
illegible : ar iss ed] uathadh conoirg fri sochaide ied II).
(c) p. 23 bottom margin : (cf. §§36-7) Beich [f]easa i mbun craind
uasalneimid, da trian (dfir crain n an n i tria/7 II) d[f]ir na mbeach gu
ceand tri mbliadoo, -j is diles d[f]ir in craind iad otha sin amach;
beich cuntabortacha i m[b]un craind uasalneimid, teora ceathraimthi
ig fir in craind -j ceathraimthe ag fir na m[b]each gu ceand tri
mbiiadan , i is diles d[f]ir in craind iad otha s in imach.
(§41) Beich [f]easa a mban craind uasailneimhidh, trian dfir in
• •
craind i da trian dfir na mbeach gu ceand mblior/zia, i is diles dfir na
mbeach otha sin amach iad. (cf. §45) Beich cuntabortacha i mban
• •
craind uasalneimidh, leath dfir in chraind -j leath dfir na mbeach
gu ceaod mbliadna , is diles dfir na mbeach iad otha si n amach no
gumadh dfir in craind.
p. 23 top margin : (§44) Beich [f]easa i mbun craind isilnemidh,
• •
leath dfir in craind -] leath dfir na mbeach gu ceand tri mblia dan, -j
is diles dfir in craind iad ota sin imach. Beich cuontabortacha i mbun
chraind isilneimhidh, i (omit) leath -| octmadh ig fir in craind -j
leath geomotha octmadh ig fir na mbeach gu ceaod tri m[b]liada/7, i
is diles d[f]ir in craind otha si n amach, ( added in a rougher form of
the same hand:) fer o nelat beich imaig is dir tic seo. (§§31 ff.). (In
tan atb eir cin bech cm con ci n cethra, im data in chrandchair sem
nama i nugun im dala chomchinad do beith doib fo chutrumma II).
•
p. 24 top margin : (§42) Beich [fjeassa i mban craind isilneimidh,
ceathraimthe ig fir in craind *1 teora ceathraimthe ig fir na mbeach gu
ceand mbliadm , -j is diles d[f]ir na mbeach iad otha s in amach. Beich
cuntabortacha i mban craind uasalneimidh ( read isilneimidh), leath
geinmotha in seisedh rand dec ig fir in craind -j leath -j seisedh rand
deg ig fir na mbeach gu ceand mbXiadm. , i is diles d[f]ir na mbeach
iad otha sein imach, no gumad ag fir in craind.
(d) p. 24 bottom margin : Ma ta teachtugudh ar& clarad no ar
chaelach na caelle uili -j nochon uil fora beachaib, is beich [fjeasa i
mbuft chraind isilneimidh do riagail riu; ma ta teactughudh fora
beachaib -] nocon uil ora cloradh na fora caelach, is beich cuntabortacha i mban craind isilneimid da riagail ru; is ead is bun and
ga.ch u air nach fetor a neatorsgaradh gen leadradh in craind, is eadh
is bhorr and ga ch u air rafetor a netorsgaradh gen ledradh in craind.
Comhraind tri mbliadao for beachaib bona di gres i comraind bliot/oa
for beachaib ban; ceathraimhthe a choda bores cuntabo/rt o fir
beach do gros, gidh i mbun gid i mban gabaid.
APPENDIX 1
171
(e) p. 25 bottom margin : (§49) Trian a chodach frithi o dasrmanach
eagalsa do Qc\ais 1 o daercheilib flatha do [fjlaith gu rudh no egmact
no diraind, -] .ix.madh madh aind sidhe; cethraimthe a chodach o
saermhanach eagalsa d’eaglofs' gu rudh no egmacht no diraind, 1 aili
dec madh aind sidhe, 1 nochon uil ni o saercheile datha do [f]laith.
Can asa ngab ar ind aile dec, u air nach indisid liubo/r? is as gabh ar:
am ail is e trian a chodach ata o d^rmanach eagalsa do eagl ais 1 o
daercheilibh flatha do [fjlaith gu rudh no egmacht no diraind ata
uathib i rudh, cubaid de side gemadh he trian na codach ita o
soermanach eagalsa da Qglais gu rudh no ccmacht no diraind do beith
uaithib i rudh fon cuma cetna .i. aili deg.
(f) p. 25 top margin : <(§49) Trian a triun do gres o dasrmancaib
1 o daercelib asna frithib fogabait i necma cht; ar annsacht doib in
baile asa tucsat is aire as bee borar uaithib. Mainip rud no dirainn
no ecmacht , is trian frithe na ndsermanach do Qclais 1 na ndaerceile
do [fjlaith.
Mad saermanach im orra, is ceathramu in [fjrithi fogabait dia
neackns mainib rud no ecmai cht no diroi/7d. Mad rud no dirain/7,
is in dara ran/7 dec no i/7 seised ran/7 dec do Qclais acht ri. Mad ri
im orra, is trian asint seot is uaisle fogaib -j cethramu as cac/7 seot
olce/?a III).
(g) p. 25 top margin : <Tri bruige rig: rot 1 dirai/7/7 1 muir; tria/7
do do neo[c]h docuirithor muir, 1 nomad do a cuit [fjrithe a cele do
neoch fogaib a ndirain n. Dileas do da/70 do nec fogabar for rot,
acht cuit frithe do nech fogaib, man[i] festar fear bunaid III).
(h) p. 25 top margin : (§50) <Mas a lis no a lubgort rogatait na
beich is laneneclo/7/7, (§§52-4) mas a faichi is letheneclo/7/7, mas a
sechtarf aiche is sechtmad neneclo/'/7/7i, gid i maigin sin gid sechtar
maigi/7, gid outrunur? lui gid cutrum//^ clethe, no da/70 cena acht
mas a maigi/7 *| is cutrumz/5 cleithi is laneneclo/7/7, masa chutrumz/5 lui
is leitheneclo/7/7, mas a soc/?/[ar]maigin *i is cutrum//^ clethe is letheneclo/7/7, masa cutrumw^ lui is sechtmad neneclom/ri, 1 ceithri cesa
diri -] ceis aithgeo/za in each cesaig i/7 each inut dib sin II).
TRANSLATION
(a) A pledge of two scruples in respect of immunity from trespass
and there is not anything for erecting, for it is not necessary to erect
a fence against them though they commit trespasses according to the
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APPENDIX 1
law of neighbourhood; and it is not these pledges which become
forfeit then, but ‘ the due of punishment ’ and ‘ the desire of sickness ’
and allabrig n-ai for the period of three years; or else the proper
pledge for it is a pledge which is equal to ‘ the due of punishment ’
i.e. a fine in the law of neighbourhood is taken for them after giving
these pledges as in the case of other animals; or possibly it is ‘ the
due of punishment ’ and ‘ the desire of sickness ’ and allabrig n-ai
and to give the three of them to every land ; or only one of them may
be given to each land ; and though there be many owners in each land,
only that amount is due to them all for the period of three years,
and the first person in the holding who needs it is to get it, and though
many may need it in the holding together, they all get only that
amount.
(b) That is [the case of] a person who has bees and whose nearest
neighbours do not have bees, and this is what is due from him: to
give ‘ the due of punishment ’ and ‘ the desire of sickness ’ and
allabrig n-ai to the people of the four nearest lands for a period of
three years, and to divide the swarms among them in the fourth year;
(§19 ff.) and this is the division which is due to them i.e. the first
swarm and the second and the foolish [swarm], and the land which
is nearest and whose produce is best gets the first swarm without
casting lots and the second and the foolish [swarm] are to be given
to the other three lands; (§21) and if one of these is a land which is
nearer or whose produce is better than the others, the second is to
be given to it without casting lots, and lots are to be cast between the
two other lands, (§22) and whichever of them is without anything
that year gets the first swarm subsequently (i.e. next year) without
casting lots; and ‘the due of punishment’ and ‘the desire of
sickness ’ and allabrig n-ai are to be given that year to the people of
the four lands which are nearest to them; (§23) and when it is their
time of putting out swarms, the owner of the bees must warn them
to send somebody to guard them so that they do not escape; if he
has warned them, they are obliged to supply [a guard] and if they do
not [and] if the bees escape, there is no division of swarms for them
that year.
(§25) If the owners of the swarms move, this is what they are
obliged to give: ‘ the due of punishment ’ and ‘ the desire of sickness ’
and allabrig n-ai for a period of three years, and once every year these
things are due; if they do not move, however, they have nothing
[to give] then, (§24) for that is [a case of] ‘ a few defeating many ’.
APPENDIX 1
173
(c) Bees of known origin in the trunk of the tree of a noble
dignitary, two thirds [of the produce] (go to the owner of the tree
there and one third) goes to the owner of the bees for three years,
and they belong to the owner of the tree from then on; bees of
doubtful origin in the trunk of the tree of a noble dignitary, three
quarters go to the owner of the tree, and one quarter goes to the
[presumed] owner of the bees for three years, and they belong to
the owner of the tree from then on.
(§41) Bees of known origin in the branches of the tree of a noble
dignitary, a third goes to the owner of the tree, and two thirds go
to the owner of the bees for a year, and they belong to the owner of
the bees from then on. (cf. §45) Bees of doubtful origin in the
branches of the tree of a noble dignitary, a half goes to the owner of
the tree and a half goes to the owner of the bees for a year, and they
belong to the owner of the bees from then on, or possibly to the
owner of the tree.
(§44) Bees of known origin in the trunk of the tree of a lower
dignitary, half goes to the owner of the tree and half to the owner of
the bees for three years and they belong to the owner of the tree
from then on. Bees of doubtful origin in the trunk of the tree of a
lower dignitary, a half and an eighth go to the owner of the tree and
a half less an eighth goes to the owner of the bees for three years, and
[they] belong to the owner of the tree from then on; ‘ the man from
whom bees escape outside’ should come here. (§§31 fif.) (When it
says ‘ the crime of bees, the crime of dogs, the crime of cattle ’ it
refers only to the casting of lots and does not refer to equal liability
for them in proportion).
(§42) Bees of known origin in the branches of the tree of a lower
dignitary, a quarter goes to the owner of the tree and three quarters
go to the owner of the bees for a year, and they belong to the owner
of the bees from then on. Bees of doubtful origin in the branches of
the tree of a noble dignitary, a half less one sixteenth goes to the
owner of the tree and a half and one sixteenth go to the owner of the
bees for a year, and they belong to the owner of the bees from then
on, or possibly to the owner of the tree.
(d) If the planks (i.e. the trunks used for making planks) or the
branches of all the wood are owned and the bees are not, then the
the rule of ‘ bees of known origin in the trunk of a lower dignitary ’
applies to them; if the bees are owned and the planks or branches
are not, then the rule of ‘ bees of doubtful origin in the branches of
174
APPENDIX 1
the tree of a lower dignitary 1 applies to them; ‘ trunk ’ there means
whenever they cannot be removed without cutting the tree,
‘ branches ’ there means whenever they can be removed without
cutting the tree. There is always a division for three years of bees of
the trunk, and a division for one year of bees of the branches; doubt
(as to their origin) always deprives the owner of the bees of one
quarter of his share, whether they settle in the trunk or in the
branches.
(e) A third of his share [of the produce] of a stray swarm is due
from a base church-tenant to the church and from base tenants of a
lord to [their] lord up to (i.e. unless the swarm is found in) forest or
inaccessible country or unshared land, and one ninth is due if it is
there; a quarter of his share is due from a free church-tenant to the
church up to forest or inaccessible country or unshared land and
one twelfth is due if it is there, and nothing is due from the free
tenant of a lord to [his] lord. Whence is the twelfth derived, as [law-]
books do not mention it? It derives from this: as a third of the share
that is due from a base church-tenant to the church and from base
tenants of a lord to [their] lord up to forest or inaccessible country
or unshared land is due from them in forest [etc.]; hence it is right
that one third of the share which is due from a free church-tenant
to the church up to forest or inaccessible country or unshared land
should be due from them in forest [etc.] in the same way i.e. one
twelfth.
(f) A third from a third is always due from base church-tenants
and base tenants (of a lord) from the stray swarms which they find
in inaccessible country; on account of the difficulty of the place
from which they brought them, little is taken from them. If it is
not forest or unshared land or inaccessible country, a third of [the
produce of] the stray swarm of the base church-tenants goes to the
church and of the base tenants (of a lord) to [their] lord.
If it is a free church-tenant, however, one quarter of the stray
swarm which they find goes to their church unless it is in forest or
inaccessible country or unshared land. If it is forest or unshared
land, a twelfth part or a sixteenth part goes to the church, except
for a king. If it is a king a third is due from the most valuable thing
which he finds and a quarter from every other valuable.
(g) Three areas of a king: a road and unshared land and the sea:
a third of whatever is washed up by the sea goes to him and a
ninth of his tenant’s share of what he finds in unshared land goes
APPENDIX 1
175
to him. Whatever is found on a road is his property, except for the
finding share of whoever finds it, unless the original owner is known.
(h) If the bees are stolen in a courtyard or in a garden it is full
honour-price, if it is in a green it is half honour-price, if it is outside
a green it is one seventh honour-price, whether that be in a precinct
(see DIL s.v. maigen (b)) or outside a precinct, whether it be equal to
a minor theft or a major theft; or alternatively if it is in a precinct
and it amounts to a major theft it is full honour-price, if it amounts
to a minor theft it is half honour-price, if it is outside a precinct and
it amounts to a major theft it is half honour-price, if it amounts to
a minor theft it is one seventh honour-price; and there are four hives
as penalty and one hive as restitution for every hive in each of those
places.