which
security had to be given. A man not in the enjoyment of full civil
rights, if able to find security, could become a _daer-ceile_. A free
clansman by becoming a _daer-ceile_ lowered his own status and that of
his _fine_, became incompetent to give evidence against that of a
flaith, and could not end the connexion until the end of the term except
by a large payment. The members of his _fine_ were liable, in the degree
of their relationship, to make good out of their own property any
default in the payments. Hence this tenure could not be legally entered
into by a free clansman without the permission of his fine.
_Daer-ceiles_ were also exposed to casual burdens, like that of lodging
and feeding soldiers when in their district. All payments were made in
kind. When the particular kind was not specified by the law or by
agreement, the payments were made according to convenience in horses,
cattle, sheep, pigs, wool, butter, bacon, corn, vegetables, yarn,
dye-plants, leather, cloth, articles of use or ornament, &c. As the clan
system relaxed, and the fine lost its legal power of fixing the amounts
of public tributes, which were similarly payable to the _flaith_, and
neglected its duty of seeing that those tributes were duly applied, the
_flaith_ became able to increase these tributes with little check, to
confuse them with rent, to confuse jurisdiction with ownership, and to
exalt himself at the expense of his fellow-clansmen. A _flaith_ by
arranging that his tenants should make their payments at different
periods of the year, secured a constant and copious supply without an
inconvenient surplus.
People who did not belong to the clan and were not citizens were in a
base condition and incompetent to appear in court in suit or defence
except through a freeman. The _Bothach_ (= cottier) and the
_Sen-cleithe_ (= old dependent) were people who, though living for
successive generations attached to the families of flaiths, did not
belong to the clan and had no rights of citizenship. _Fuidhirs_, or
manual labourers without property, were the lowest section of the
population. Some were born in this condition, some clansmen were
depressed into it by crime, consequences of war or other misfortune; and
strangers of a low class coming into the territory found their level in
it. The _fuidhirs_ also were divided into _saer_ and _daer_; the former
being free by industry and thrift to acquire some property, after which
five of them cou
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