and the residential patches of private land was
classified as cultivable and uncultivable. The former was the common
property of the clansmen, but was held and used in severalty for the
time being, subject to _gabhail-cine_ (gowal-kinneh)--clan-resumption
and redistribution by authority of an assembly of the clan or _fine_
at intervals of from one to three years, according to local customs
and circumstances, for the purpose of satisfying the rights of young
clansmen and dealing with any land left derelict by death or
forfeiture, compensation being paid for any unexhausted improvements.
The clansmen, being owners in this limited sense, and the only
owners, had no rent to pay. They paid tribute for public purposes,
such as the making of roads, to the _flaith_ as a public officer, as
they were bound to render, or had the privilege of
rendering--according to how they regarded it--military service when
required, not to the _flaith_ as a feudal lord, which he was not, but
to the clan, of which the _flaith_ was head and representative.
The uncultivable, unreclaimed forest, mountain, and bog-land was
common property in the wider sense that there was no several
appropriation of it even temporarily by individuals. It was used
promiscuously by the clansmen for grazing stock, procuring fuel,
pursuing game, or any other advantage yielded by it in its natural
state.
Kings and _flaiths_ were great stock-owners, and were allowed to let
for short terms portions of their official lands. What they more
usually let to clansmen was cattle to graze either on private land or
on a specified part of the official land, not measured, but
calculated according to the number of beasts it was able to support.
A _flaith_ whose stock for letting ran short hired some from a king
and sublet them to his own people. A _feine, aithech_, or _ceile_
(kailyeh), as a farmer was generally called, might hire stock in one
of two distinct ways: _saer_-"free", which was regulated by the law,
left his status unimpaired, could not be terminated arbitrarily or
unjustly, under which he paid one-third of the value of the stock
yearly for seven years, at the end of which time what remained of the
stock became his property, and in any dispute relating to which he
was competent to sue or defend even though the _flaith_ gave
evidence; or _daer_--"bond", which was matter of bargain and not of
law, was subject to onerous conditions and contingencies, including
maintenanc
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