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