e of kings, _flaiths_, or brehons, with their retinues, on
visitations, of disbanded soldiers, etc., under which the stock
always remained the property of the _flaith_, regarding which the
_ceile_ could not give evidence against that of the _flaith_, which
degraded the _ceile_ and his _fine_ and impaired their status; a
bargain therefore which could not be entered into without the
sanction of the _fine_. This prohibition was rendered operative by
the legal provision that in case of default the _flaith_ could not
recover from the _fine_ unless their consent had been obtained. The
letting of stock, especially of _daer_-stock, increased the
_flaith's_ power as a lender over borrowers, subject, however, to the
check that his rank and _eineachlann_ depended on the number of
independent clansmen in his district.
Though workers in precious metals, as their ornaments show, the
ancient Irish did not coin or use money. Sales were by barter. All
payments, tribute, rent, fulfilment of contract, fine, damages,
wages, or however else arising, were made in kind--horses, cows,
store cattle, sheep, pigs, corn, meal, malt, bacon, salt beef, geese,
butter, honey, wool, flax, yarn, cloth, dye-plants, leather,
manufactured articles of use or ornament, gold, and silver--whatever
one party could spare and the other find a use for.
Tributes and rent, being alike paid in kind and to the same person,
were easily confused. This tempted the _flaith_, as the system
relaxed, to extend his official power in the direction of ownership;
but never to the extent of enabling him to evict a clansman. For a
crime a clansman might be expelled from clan and territory; but,
apart from crime, the idea of eviction from one's homestead was
inconceivable. Not even when a _daer-ceile_, or "unfree peasant",
failed to make the stipulated payments could the _flaith_ do more
than sue as for any other debt; and, if successful, he was bound, in
seizing, to leave the family food-material and implements necessary
for living and recovering.
LAW OF DISTRAINING. _Athgabail_ ([)a]h-gowil) = "distress", was the
universal legal mode of obtaining anything due, or justice or redress
in any matter, whether civil or criminal, contract or tort. Every
command or prohibition of the law, if not obeyed, was enforced by
_athgabail_. The brehons reduced all liabilities of whatsoever origin
to material value to be recovered by this means. Hence its great
importance, the vast amount o
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