f space devoted to it in the laws, and
the fact that the law of distress deals incidentally with every other
branch 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
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