>"Cia baidit cenna ni baidit mbruighe."
>Although heads (= leaders) go under (drown, are
>extinguished/obliterated), lands do not.
>The gloss for this is:
>".i. cia marbh na comarba mairit na tíre"
>What is the legal context of this maxim, if there is
>one? I see that modern "comharba" can simply mean
This quote and gloss is part of a legal miscellany that collects
together quotes from various legal texts under the heading:
Doni tét in feranna cionta .x.bire & in.x.boire ciontaig ann so & a cin
Which I suppose means:
'On the fact that land passes for the forgivable and unforgivable
offences of the offender here below and the payment by the kinsman
surety as well'
If someone commits a crime, his kin is liable. However, in some cases
(unforgivable offences - e.g. unprovoked murder) the culprit must be
surrendered first before any resort is had to making any part of the
payment by using the kin-land. 'Cia baidit cenna ni baidit mbruighe'
seems to be stating the rule in the case of 'unforgivable offences',
namely, that you should surrender the culprit rather than pay over any