Thus, in Lib. II. s. ix, in reference to the modes by which _nativi_ might obtain freedom, a specially Scotch addition is made, to the effect that if a lord has carnal intercourse with the betrothed wife of his _servus_, and this is proved by the visinage, the _servus_ is thereupon released from the servitude of his lord; and then follows the phrase ‘nec aliud _enache_ habebit a domino suo nisi recuperationem libertatis.’ This untranslated Gaelic word _enache_ has already been met with in the _enec-lann_ of the Irish ‘honour-price,’ and we shall find it used again when we come to the customs of the Bretts and Scots. So, in Lib. IV. c. 7, in cases of rape the woman (according to the text of Glanville) is to make it known to men in good position (_probi homines_) or to the ‘_prepositus_ of the hundred.’ In this Scotch treatise the writer inserts instead of the words ‘_prepositus_ of the hundred’ ‘_vicecomitatus vel le toshederach_.’ The Gaelic _Toshach_ or chieftain of a district is much in evidence in the marginal records of the ‘Book of Deer.’[203] Again, in IV. 12, in a passage not found in Glanville, the theft of a calf or ram or whatever can be carried off on the back is described in the local words ‘_berthinsak_ seu _yburthananseca_.’ In the same chapter is inserted the already quoted clause from the Assize of King William as to the wergeld of a thief who has been allowed to escape. De unoquoque fure per totam Scociam est _wargeld_ triginta vacce et una juvenca sive fuerit liber sive servus. In IV. xxiii. a pledge is mentioned ‘quod vocatur _culrach_.’ [Sidenote: Cro and galnes of person killed paid to the _parentes_.] In IV. xxx. of the treatise it is stated that if a person on horseback rides over some one going before him so as to kill him, he must render for the dead man so killed ‘_cro et galnes_’ as if he killed him with his own hands; and it goes on to say that if the rider treads a man to death by riding over him when _backing_ his horse (as it would not then presumably be his fault) he is to pay nothing but ‘the fourth foot of the horse,’ which satisfaction the _parentes_ of the man killed ought to accept. The mention in this treatise of _cro and galnes_ payable to _parentes_ of the slain seems to imply that the customs relating to payments for homicide were generally in force throughout Scotland and not confined to any particular district. The words ‘cro and galnes,’ apparently meaning the wergeld, meet us again in the document relating to the customs of the Bretts and Scots. The final clause (IV. liv.) describes the ‘merchet’ of women ‘according to the assize of Scotland.’ It begins by stating that the merchet of a woman, _quecunque mulier fuerit, sive nobilis, sive serva, sive mercenaria_, is ‘una juvenca vel tres solidi’ with 3_d._ as _rectum servientis_. Surely a female slave is here intended. [Sidenote: Merchet of several grades of women.] This seems to be the minimum ‘merchet,’ for the clause proceeds:--