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2i6 F I N G A L. Book III.
To-morrow then condu<5l my martial Bands,
And may the Battle profper in thy Hands.
Myfelf fhall view thee from fome neighb'ring Hill,
And wave in Air the Lightning of my Steel.
Join
But, if Individuals were opprefled, they threw themfelves into the Arms of
a neighbouring Clan, alTumed a new Name, and were encouraged and pro-
tefted. The Fear of this Defertion, no doubt, made the Chiefs cautious
in their Government, as their Confequence, in the Eyes of Others, was in
Proportion to the Number of their People, they took Care to avoid every
Thing that tended to diminidi it.
It was but very lately that the Authority of the Laws extended to the
Highlands. Before that Time the Clans were governed, in civil Affairs,
not by the verbal Commands of the Chief, but by what they called Ckcbda,
or the traditional Precedents of their Anceftors. When Diff'erences hap-
pened between Individuals, fome of the oldeft Men in the Tribe were cho-
fen Umpires between the Parties, to decide according to the Clechda. The
Chief interpofed his Authority, and, invariably, enforced the Decifion. In
their Wars, which were frequent, on Account of Family Feuds, the Chief
was lei's referved in the Execution of his Authority ; and even then he fel-
dom extended it to the taking the Life of any of his Tribe. No Crime was
Capital, except Murder ; and that was very unfrequent in the Highlands.
No corporal Punifhment, of any Kind, was inflided. The Memory of an
Affront of this Sort would remain, for Ages, in a Family, and they would
feize every Opportunity to be revenged, unlefs it came immediately from
the Hands of the Chief himfelf -, in that Cafe it was taken, rather as a fa-
therly Corredion, than a legal Punifliment for Offences.
V. 624.

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