When Fordun, therefore, in the forty-third chapter of his fourth book, tells us that ‘of old almost the whole kingdom was divided into Thanages,’ he was not referring to that fabulous state of matters described in a previous chapter, when _Thanes_ were supposed to be governors of provinces, with an _Abthane_ over them as high steward—a state of matters which never existed in Scotland; but, as is evident from the context, to those smaller territories termed _Thanages_ in his own day, and, viewing these _Thanages_ as representing the more ancient _Tuaths_ or tribe territories, he is reporting a genuine tradition of the tribal organisation which preceded the Saxon and feudal forms. [Sidenote: Distinction of people into free and servile classes.] The principal fragments of the ancient tribal law which we find still preserved in the subsequent legislation were those relating to the fines paid in compensation for different offences, analogous to those contained in the Irish and Welsh Laws; and these afford us the best indications of the different ranks or grades of society in the old tribal system. We find in Scotland, as in Ireland and Wales, the broad distinction between the free and servile classes. Thus in the laws of King William the Lion there is preserved this fragment of the older system ‘of the law that is callyt weregylt. Of euery thief through all Scotland the weregehede is xxxiiii. ky and one half, whether he be a freeman or a serf (_liber sive servus_).’[254] [Sidenote: Classes of freemen.] Of the classes of freemen these laws regarding fines afford us complete information. Among the laws attributed to King David I. is a fragmentary code termed ‘Leges inter Brettos et Scottos.’ It is preserved in Latin, in Norman French, and in the vernacular Scotch. By the Bretti are meant the Britons of Strathclyde, and the term Scotti now comprehended the whole inhabitants of the country north of the Firths of Forth and Clyde. David had ruled over the former as earl during the reign of Alexander the First, and on his accession to the throne seems in this short code to have recognised as law the system of fines which existed among his Celtic subjects both of Gaelic and of British race, and to have included them in a short code applicable to both. It contains the fines paid in compensation for slaughter, termed here _Cro_, a word signifying death; but it is said to be equivalent to the _Galnes_ or _Galanas_ of the Welsh laws, and also to the _Enauch_ or Honor price of the Irish. Another fine for slaughter is called _Kelchyn_, and the fines for ‘Blude drawn’ seem to be the _Saraad_ of the Welsh. They were termed _Bludwyts_ in Saxon and _Fuilrath_ in Gaelic.[255] The _Cro_ of the King of Scotland is said to be one thousand ‘ky’ or three thousand ‘ore’ or ounces of gold, three ounces being the value of a cow, and his _Kelchyn_ is one hundred ‘ky.’