Archibald Clerich, a traitor againft the family of Macdonald, whJ
died in the vault of Dmtulm, of a furfeit of fait beef, beinl
refufed any kind of drink. The feverity of juftice laid hold bul
on a few; for the proteftion of the tribe or clan was generallj
reforted to, who did all in their power to fave their own mail
from diftrefs, or to purfue with vengeance the perfon who ha]
offended any of their number. It often happened in this cafe]
that among powerful tribes, the voice of the judge was too weaJ
to be heard : then religion ftepped in as a neceffary fupplemeni
to his power. Sanftuaries, called Girths, were confecrated in everJ
diftrifi, to which the criminal fled ; where the fuperftition of tli*
times, countenanced by the political inftitutions, fecured him from
every aft of violence, until he was brought to a judicial trial!
To this day we fay of a man who flies to a place of fecurit;!
Hug e an girt E r : and whatever party violated the fanftuary!
which very feldom happened, brought the terrible vengeance ofl
the church upon their back. Such a bridle as This became ab!
folutely neceffary to reftrain the anger and impetuofity of a law-1
,lefs tribe when provoked. Again, when the criminal got in among!
his own people, they did all in their power to juftify his conduitl
and fave his perfon. In this cafe the refentment turned on the!
clan, and any one of them who fell into the hands of the offended!
was fure to fuffer diftrefs, or to be kept in durance, until the!
criminal was delivered over to juftice, which praftice wasatlaftl
found expedient to be turned into a law in the kingdom, topre-l
vent the clans from coming buckled in all their armour to the I
field, to determine their own quarrels.
In procefs of time, they learned from their neighbours, as well !
as 1
as from their own experience, that to perpetuate ftrife and dif-
order among tribes who were almoft in full pofleffion of their
natural liberty, excepting when the local cuftom ftood in their
My,, was dangerous- to the publick, and ruinous to themfelves.
To ftop the progrefs of refentment, they cancelled the injury by
latisfaftion with their cattle, by a mutual agreement betwixt the
parties, which therefore was called a compofition, to be divided
betwixt the injured .perfon and his clan. But as the compofition
was not always eafily accepted, the principals of the different tribes
fixed the value of it for every injury,, and eftimated. the life of a man
according to his rank ; here a people void of refinement made little
diftinftion betwixt voluntary and involuntary trefpafies, for fear
that impunity in any cafe fhould give a fcope to wicked perfons to
abufe the indulgence of cuftom or law. Thegreatnefs of the compofition
in this cafe brought not only honour along with it, but
greater fecurity in a rude and barbarous neighbourhood. This ran-
fom was called Eric. The clan, was then obliged to give up the
defender, or become liable for the penalty proportioned to the
injury committed. Thusthe clans became mutual pledges for the
good behaviour of the individuals who compofed them. When
fpecie found its way in among them, a price was put upon the
cattle, and by the neceffary decreafe in. the value of money,
which they were not aware ofo the Eric came at length to be
very trifling -, but by this time the laws of the kingdom had
made near approaches to them, which were far from being welcome
to men clofely attached to their own cuftoms and connections,
being deaf to the voice of parties, and to the diftinftions
of dans and individuals.. “ The law hath come the length of
“ Ro/sJJjire”