CHAPTER IV.

THE TUATH OR TRIBE IN IRELAND.

[Sidenote: Mixed population of Scotland.]

The population of Scotland in the reign of Alexander the Third was, as

we have seen, of a very mixed character. The southern frontier of the

kingdom had by this time been advanced to the Solway and the Cheviots,

while the annexation of the Isles in his reign had extended its western

boundary to its utmost limits. Over the whole of this extended territory

the name of Scotland, originally limited to the country north of the

Forth and Clyde, had now spread, and we find the area of this extended

kingdom occupied by a population consisting of three different races.

These were, in the mountainous region of the north and west, the Gael or

Highlanders, the descendants of the Northern Picts of pure Gaelic race,

and of the Gaelic Scots who had settled among them. The more fertile and

level plains forming the eastern seaboard, extending from the Moray

Firth to the Cheviots, had originally been possessed by the Southern

Picts, a mixed race partly of Gael and partly of Britons, but the Angles

of Northumberland had by degrees colonised the whole of it. On the west

the Britons of Strathclyde had extended from the Clyde to the Solway,

but had likewise given way to the Anglic colonisation; while Galloway

west of the Nith was still occupied by a Gaelic people, who had

encroached upon the British territory by occupying the district of

Carrick in the south, the Northern Gael having likewise encroached on

its northern frontier by spreading over the district of Lennox.

[Sidenote: Sources of information as to their early social state.]

The actual population of Scotland had thus consisted of three races—the

two Celtic peoples of the Gael and the Brython or Britons, and the

Teutonic people of the Angles. To these races had been added by King

David the First and his successors the Norman barons, who were overlords

of a great part of the territory of the kingdom, while a Norwegian

population may to some extent have still lingered in the Western Isles.

In endeavouring to ascertain the early social organisation of these

three races, besides the few hints which historical documents afford, we

have the advantage of an ancient code of laws of each race. For the

Angles we have the Anglo-Saxon laws, and for the Britons the early laws

and institutions of Wales, both published by the Record Commission.[155]

For the Gael we have the ancient laws of Ireland, commonly called the

Brehon Laws, now in course of publication;[156] and besides these there

has been preserved a small code in Scotland termed the Laws of the Picts

and Scots, and some fragments of ancient law retained in the hands of

the different kings of the race of David I.[157]

[Sidenote: Tribal organisation of the Gaelic race.]

It is with the Celtic races alone that we have to do in this work, and

principally with those of Gaelic race, who alone preserved a separate

and independent existence in Scotland; and an examination of all those

documents which tend to throw light upon the early social organisation

of the Gaelic as well as of the Cymric race leads us to the conclusion

that it was not territorial or purely patriarchal, but was based on the

community or tribe. Among the people of Gaelic race the original social

unit appears to have been the _Tuath_, a name originally applied to the

tribe, but which came to signify also the territory occupied by the

tribe community;[158] but when we endeavour to ascertain the original

constitution of the Tuath or tribe of the Gaelic race, we are met by a

difficulty analogous to that which we have to encounter in investigating

the history of their language. ‘The formation of the mother tongue

belongs to the prehistoric period, and it is a process which, carried on

in the infancy and growth of the social state, is concealed from

observation. When its possessors first emerge into view and take their

place among the history of nations, counter-influences have already been

at work, their language has already entered upon its downward course,

and we can only watch it in its process of decomposition and alteration,

and reach its primitive condition through the medium of its

dialects.’[159] So it is with the tribe. We nowhere see it in its

primitive form. When it first emerges in the historic period it has

already entered upon a course of modification and change. Various

influences have been at work, both internal, arising from the natural

progress of society, and external, produced from the contact of foreign

organisations, to alter existing forms and introduce new elements, and

thus it undergoes a process of change which leads it further and further

from its primitive constitution.

[Sidenote: Influences affecting the tribe.]

Two leading features of this process can, however, without difficulty be

detected, and may be assumed as tolerably certain. These are, first,

that private property in land did not exist at first, but emerged from a

right of common property vested in the community. Personal property or

individual property in moveables must at all times have existed, but

real property or individual property in the soil is of much later

origin, and is an excrescence upon the common use or property of the

land occupied by the tribe, and is inconsistent with its original

constitution. The second feature is, that the social unit was not the

individual or the family but the community or tribe. The original bond

of union between the members of the tribe was no doubt the belief in a

common origin, a common descent from the _eponymus_, whether mythic or

historic, from whom it took its name; but in the early period to which

we must refer the pure primitive tribe, when the sanctions of marriage

were unknown, and a loose relation between the sexes existed, which is

faintly shadowed forth in a few scattered notices by the Roman authors

of this relation among the Celtic inhabitants of Britain and Ireland,

descent through the females rather than the males must have been viewed

as the more certain link; and it is probable that here as elsewhere

female succession preceded a representation through males, and that the

sons belonged to the tribe of their mothers.[160]

[Sidenote: Effect of the introduction of Christianity.]

The early state of the tribe, however, soon became modified not only by

internal changes but also by external influences. Of these external

influences not the least powerful, and probably the first in order, was

the introduction of Christianity and the adaptation of the Christian

Church to the tribal system. The tribe was thus brought into contact

with a higher civilisation and a purer code of morals. The lax relations

between the sexes, which still survived, must have been checked and

controlled, the sanction of marriage enforced, by which the father is

placed in his legitimate position as head of the family, and the rights

of the children were clearly defined, and the older connection of the

members of the tribe through females reduced in some cases to an

occasional right of succession through the mother, while in others it

entirely disappeared.

[Sidenote: Land originally held in common.]

The oldest tenure by which land was held was that by the tribe in

common. When the tribes passed from the hunting and nomad state to the

pastoral, and became possessed of large herds of cattle, it was a

natural consequence that each tribe should appropriate a special

territory for their better management. The whole of the regulation of

these ancient laws is evidently based upon the fact that cattle formed

the principal property of the original tribes; and long after individual

property in land had become an essential element in the constitution of

the tribe, cattle still formed the standard of value by which everything

was estimated. That a right of individual property in the cattle existed

at a very early period seems very evident, but the land on which they

were pastured was the common property of the tribe, and, after the

cultivation of land began, the arable land was annually divided into

lots, to one of which each member of the tribe had a right. The special

district occupied by the tribe would thus consist of pasture land held

by the tribe in common, on which each member had a right to pasture the

cattle which belonged to him; arable land divided into lots which were

annually or at certain periods assigned to him; and unoccupied and waste

land remaining as the common property of the tribe.

[Sidenote: Distinction of ranks in the tribe.]

These rights belonged, however, to the proper members of the tribe only,

who were as such on an equality with each other; but there soon came,

from other external influences, to be a distinction between those

dwelling within the bounds of the _Tuath_ of _Saor_ or free, and _Daor_

or unfree. The freemen of the tribe were alone recognised as possessing

rights derived from the original constitution of the tribe. The origin

of the class of the unfree is thus stated in connection with the

legendary history of Ireland:—‘The first race of them were the remnant

of the Firbolg themselves, together with the remnant of the Tuath De

Danaan,’ the legendary people who preceded the Milesian Scots. ‘The

second race, the people who passed from their own countries, they being

descended from _Saor chlann_ (or free tribes), who went under

_Daor-chios_ (servile rent) to another tribe. The third people were the

race of the _Saor chlann_, whose land was converted into

_Fearann-chlaidhimh_ (sword-land or conquered country) in their own

territory, and who remained in it in bondage under the power of their

enemies. The fourth race were people of _Saor chlann_ who passed into

bondage for their evil deeds, and who lost their blood and their land

through their evil deeds, according to the law. The fifth people were

those who came from stranger soldiers, _i.e_. from external mercenaries

who left property in Erin. The sixth race were the people who were

descended from the bondmen who came with the Milesians into Erin,’ that

is, who and their forefathers had always been bondsmen.[161]

[Sidenote: The _Ri_ or king.]

Besides this great distinction between the free and the unfree, the free

members of the tribe contained within themselves one distinction which

must have always existed among them, and the germs of others which

became gradually more prominent as the operation of the causes which led

to them more and more influenced the constitution of the tribe. That

combination which produced the tribe must from the beginning have had

leaders and other necessary office-bearers; some one among them must

have had supreme authority as judge in time of peace, and the tribe must

have had a competent leader in time of war. Such functionaries were

necessary as bonds of union; without them the tribe could not have been

kept together in anything like social union; and as the tie which bound

the free members of the tribe together was the belief in a common

origin—a common descent from a mythic _eponymus_ from whom the tribe

took its name—so the _Ri_ or king, who was at the head of the tribe,

held that position not merely by election but as the representative in

the senior line of the common ancestor, and had a hereditary claim to

their obedience. As the supreme authority and judge of the tribe he was

the _Ri_ or king. This was his primary function. Thus we are told that

‘it is lawful for a king to have a judge _though he himself is a

judge_.’[162] As the leader in war he was the _Toisech_ or Captain, and

bore the one or the other title as either function became most

prominent, while in some cases these functions might be separated and

held by different functionaries. Although the _Ri_ or king derived his

authority from his claim to be the senior representative of the common

ancestor, the office was still, from the necessity of being filled by a

properly qualified person, to a certain extent elective. It was

hereditary in a certain family, but elective among the members of that

family; and an additional safeguard against the tribe being left without

a proper head was provided by another member of the family being elected

_Tanaist_ or successor to the _Ri_ or king in the event of his death.

That the hereditary character of this office existed from primitive

times is apparent from this, that a somewhat similar law of succession

prevailed in the early Irish Church, the abbot or head of the monastery

being chosen from a particular family; and while the influence of the

Church may have confirmed, if it did not establish, a strict descent in

the male line in the tribe,[163] a hereditary succession in the Church

must have been derived from the close connection which had been formed

between the Church and the tribe, and from the influence of the tribe

upon the Church and not of the Church upon the tribe. While the whole of

the land was still the common property of the tribe, the _Ri_ or king

had no separate possession of land, but in this respect was on an

equality with the free members of the tribe, and entitled only to the

same right of pasturage for his cattle on the pasture land and to the

share of the arable land annually allotted to him; but in addition to

this he was maintained in the dignity of his office at the expense of

the tribe, and this right of maintenance, according as the tribe and its

wealth increased, assumed various forms, one of which may have arisen

from the influence of the Church, and given the first impulse to

something like separate possession of land. When the Church was

established in connection with a tribe, a grant of part of the tribe

land and its separation from the rest became a necessity for the

maintenance of the Church, and thus those Termon lands which form so

marked a feature in the territorial position of the Irish Church, came

into existence. Analogous to this, one form which this right of

maintenance on the part of the _Ri_ or king assumed was, that a portion

of land was likewise separated from the common land of the tribe as

mensal land for the support of the dignity of the _Ri_ or king for the

time being.

[Sidenote: Distinction of ranks arising from possession of cattle.]

Another cause must also of necessity have produced distinction of

position between the free members of the tribe. Such an equality as may

be held to have existed originally among the members of the tribe can

hardly have been preserved unless there was also an equality in their

personal characteristics and their wealth in cattle. The natural

operation of differences of character and wealth was to create

distinctive classes among them. Those of superior abilities soon take

the lead of others, and those whose prudence and sagacity enabled them

to increase their possession of cattle must soon have occupied a more

important position in the tribe, as their share of the annual allotment

of land was regulated by the size of their herd. Thus there came to be

recognised in the tribe a gradation of ranks founded upon the possession

of personal wealth and importance. The lowest grade in the tribe was the

_Fer Midba_ or inferior man, of whom there were two classes. As soon as

a member of the tribe reached the age of fourteen he was emancipated

from the control of his parents and acquired certain rights, but was not

vested with his full privileges till the encircling of the beard, that

is, till he became twenty years old, when he was entitled to a separate

residence (_Sain trebhta_) and a share of the tribe land (_Sealbh_).

Above the _Fer Midba_ was the _Boaire_ or Cowlord, whose superior wealth

in cattle, with the exclusive possession of a homestead, gave him a kind

of nobility over the tribe’s man. Of the _Boaire_ class there were six

grades. The lowest rank, to which the title of _Aire_ was given, was the

_Ogaire_ or young lord who had ‘newly taken householdship upon him.’ His

property was reckoned by the number seven. He had seven cows with their

bull, seven pigs with a boar, seven sheep, and a horse for work and

riding. He possessed a house but no land in property. The land required

for the support of seven cows was termed a Cow-land, and he left one cow

at the end of the year in payment for it. He had the fourth part of a

plough, and therefore his possession with the arable land attached to it

formed probably the fourth part of a ploughgate, or thirty acres,

equivalent to the husbandland in Scotland. The next higher grade was the

tenant resident (_Aithech ar athreba_). He represented a small community

of four or five, occupying jointly as much land and possessing in common

as much stock as would entitle a single person to be a _Boaire_. He had

ten cows, ten pigs, ten sheep, but, like the _Ogaire_, the fourth part

of ploughing apparatus, which is here defined to be an ox or

ploughshare, a goad, and a bridle. He was so named as occupying a part

only of as much land as would entitle him to be called a _Boaire_ along

with others, the joint possession being sufficient for the purpose.

Above him was the _Boaire febhsa_, so called ‘because it is from cows

his rank as an _Aire_ and his honor price are derived.’ He had land of

the value of twice seven _Cumhals_, or forty-two cows. He had a house

with a back house or kitchen, a share in a mill, a kiln, a barn, a

sheephouse, a calf-house, and a pigstye. These are the seven houses from

which each _Boaire_ was rated, and formed the complete _Rath_ or

homestead. It was surrounded by a precinct or _Maigne_, which was a

space as far as the _Boaire_ could cast a spear with an iron head, or

hammer, sitting at the door of his house, and was inviolable. The whole

was usually enclosed by a ditch and earthen rampart. And he possessed

twelve cows and half a plough. Land of the value of three times seven

_Cumhals_ or sixty-three cows, and the possession of twenty cows, two

bulls, six bullocks, twenty hogs, twenty sheep, four house-fed hogs, two

sows, and a riding-horse, made him a _Bruighfer_, and entailed upon him

the burden of ‘receiving the king, bishop, poet, or judge from off the

road,’ as well as all travellers. And here too the court of judgment was

held for the tribe and the assembly of the tribe’s men. When the

_Boaire_ possessed so large an amount of stock as to be obliged to give

off some to others he becomes a _Ferfothla_, and ‘the excess of his

cattle which his own land cannot sustain, which he cannot sell for land,

and which he does not himself require, he gives as the proportionate

stock of tenants’ (_Ceile_). The highest grade of the _Boaire_ was the

_Aire-coisring_, who represented the people before the king and the

synod.

[Sidenote: Origin and growth of private property, and creation of Fan

order of territorial chiefs.]

The superior position in which the _Boaire_ was placed towards the other

members of the tribe, his more extensive stock, and the exclusive

possession of his homestead, must have naturally led to a desire to

retain the same land in his family, instead of being subjected to annual

change; and the larger his possession the more easily he would obtain

this, which was an inevitable step to the introduction of rights of

private property in the land of the tribe. When the same family had

retained possession of land for three generations it came at length to

constitute a right of property, and thus a class of territorial lords

was created whose position as _Aires_ was based upon property in land.

This right of property and all the privileges connected with it was

termed _Deis_, and they formed a superior class of territorial magnates,

who were termed _Flaith_ or chieftains, and constituted an order termed

the _Grad Flaith_, in contradistinction to the _Grad Feine_ or inferior

order.

In the division of these respective orders, if not in the actual

introduction of an individual right of property in land, we can again

trace the influence of the Christian Church. In one of the tracts

forming the collection of laws termed the Brehon, but not one of the

most ancient, the following account of these divisions is given:—‘How

many divisions are there of these?—Seven. What is the division of the

grades of a Tuath derived from?—From the similitude of ecclesiastical

orders, for it is proper that for every order which is in the Church

there should be a corresponding one in the Tuath.’ But this number of

seven is purely arbitrary, for we are told that the grades of the Tuath

consist of the ‘Fer Midba, the Boaire, the Aire desa, the Aire ard, the

Aire tuise, the Aire forgaill, and the Ri or king. If it be according to

the right of the Feinechus law, it is in such manner these seven grades

are divided.’ But then follows—‘What is the division if it be not the

Boaire with his eight divisions?’ that is, if the ‘Grad Feine,’ or

inferior order consisting of eight divisions, is excluded; and the

answer is—‘The Aire desa, the Aire echta, the Aire ard, the Aire tuise,

the Aire forgaill, the Tanaist of the Ri or king, and the Ri or king.’

Here the number of seven is made up by adding to the Grad Flaith an Aire

echta and the Tanaist.[164]

[Sidenote: The _Ceile_ or tenants of a chief.]

As these ranks of the _Grad Flaith_ possessed an increasing amount of

stock beyond what their own land could maintain, one great

characteristic of the order was their possessing tenants or _Ceile_,

that is, persons of the inferior order to whom they gave their surplus

stock in return for a food-rent, services, and homage; the gift being

termed _Taurcreic_ and the food-rent _Besa_. And as the territorial

lords appropriated more and more land of the tribe as individual

property, it is obvious that the land remaining for division among the

freemen of the tribe must have been proportionately diminished, while

the natural increase of the population must have increased the evil. An

ancient tract tells us that ‘numerous were the human beings in Ireland

at that time (A.D. 658-694), and such was their number that they used

not to get but thrice nine ridges for each man in Ireland, viz., nine of

bog, and nine of smooth or arable, and nine of wood;’ and we read in the

_Lebor na huidre_ that ‘there was not ditch nor fence nor stone wall

round land till came the period of the sons of Aed Slane (the same

period), but smooth fields. Because of the abundance of the households

in their period, therefore it is that they introduced boundaries in

Ireland.’[165] Thus, as the land and the wealth in cattle of these

_Flaith_ or territorial lords increased, the freemen of the tribe who

were still independent became poorer, and their lots diminished, and by

degrees they began voluntarily to place themselves under these lords by

accepting stock from them, in return for which they became their

dependants. Where the _Flath_ contributed merely an addition to the

stock of the freeman who already possessed some, he became his _Saer

Ceile_ or free tenant, and had to return the value of a third of the

stock annually for seven years; and besides this the tenant might be

called upon to give certain services termed _Manchaine_, such as

assisting in building a fort, reaping the harvest, or going on hostings,

and had to pay a food-rent for his house, termed _Bestigi_, likewise did

homage on paying his rent, termed _Ureirge_. Where the Flath furnished

the entire stock for the tenant he had to give security for its return,

and became his _Daer Ceile_ or Bond-tenant, and had to pay a food

tribute termed _Biathad_ twice a year.[166]

The _Aire desa_ had ten such tenants, five bond and five free. He is

described as ‘the son of an Aire and the grandson of an Aire, with the

property of his house.’ The _Aire echta_ seems to have ranked with the

_Aire desa_. The _Aire ard_ had twenty tenants or _Ceile_, ten bond and

ten free. The _Aire tuise_, so called ‘because his race has precedence,

and he takes precedence of the _Aire ard_,’ had twenty-seven tenants or

_Ceile_, fifteen bond and twelve free; and the _Aire forgaill_ or

highest rank has forty tenants or _Ceile_, twenty bond and twenty free.

Besides these _Ceile_ or tenants, so constituted by voluntary contracts

between the freemen and the _Flath_ or chief, he had likewise _Bothach_

or Cottiers and _Fuiddhir_, strangers, or broken men from other tribes,

whom he settled upon his waste land in return for homage and service,

and these, if they had remained nine times nine years on the land,

became what were called _Sencleithe_ or old standers.[167]

This account of how the constitution of the tribe became modified and

altered by the effect of internal change and external influence pretends

to be nothing more than a speculative view of it, but we have now

reached that stage in its progress when it fairly enough represents the

tribe in the form in which we find it in the ancient Irish laws; but as

these laws with their commentaries belong to different periods, some

branches of them being obviously more modern than others, this must be

borne in mind in endeavouring to extract a view of the organisation of

the tribe from them.

[Sidenote: State of the _Tuath_ or territory of a tribe.]

The territory belonging to a tribe is now termed _Tuath_, the tribe

itself _Ciniol_, as implying a race of men sprung from a common

ancestor. The land of the tribe is now found in three different

positions. There was first that part of the original territory of the

tribe which still remained the _Feacht Finne_ or common property of the

tribe, and consisted of the common pasture lands, on which each freeman

of the tribe had a right to pasture his cattle, and of the common

tillage lands annually divided among those freemen who possessed cattle,

a possession which entitled them to the usufruct of a share of the

arable land and to a habitation in each township. The cattle each person

had were termed his _Cro_, a name also applied to the enclosure in which

they were housed, and the entire cattle of the tribe were termed their

_Creaght_. Then, secondly, there was the official or mensal land set

apart for the maintenance of the _Ri_ or _Toisech_, the _Tanist_, and

the other functionaries of the tribe, as the Bard, the Brehon or judge,

the Sennachy or historian, etc.; and along with this land may be classed

the Church land or Termon land given to the Church free of all

imposition, which land was held to form a sanctuary. Lastly, there was

the land held by individual ownership. This land was the _Orba_ or

inheritance land, which belonged to the _Flaith_ or chiefs, and which

was transmissible to their successors. The principal part of this land

was retained by the chief in demesne, and on it he had settled the

strangers called _Fuidhir_ who consisted of two classes, Free and Bond,

and formed a body of retainers entirely under his control; and here too

were the _Bothach_ or Cottiers, and those who by length of residence had

become _Sencleithe_. The land not retained by himself was given off to

freemen of the tribe to whom he had given stock either by _Saer_ or by

_Daer_ stock tenure, and who thus became his _Ceile_ or tenants.

[Sidenote: The _Dun_ or fort.]

The stronghold of the tribe was the _Dun_ or fort, which the _Ri_ alone

had a right to occupy, and of which each king was bound to have at least

three. The description given of it is as follows:—‘Seven score feet are

the dimensions of the Dun every way; seven feet the thickness of the

mound at top; twelve feet at bottom. Then only is he king, when he is

encircled by the moat of servitude. Twelve feet is the breadth of its

mouth and of its bottom, and its length is the same as the Dun. Thirty

feet is its length on the outside.’[168] The average number of fighting

men which a tribe turned out on ordinary occasions appears to have been

700.[169] The possessions of the Church within the territory of the

tribe varied in extent from half a _Ballyboe_ or ploughgate, till in

some cases the Dun itself and the possessions of the king or chief were

granted to found a monastery, and in those cases where the monastery was

said to have consisted of 3000 monks, the tribe itself appears to have

merged in the Church. There came to be a lay and a clerical _progenies_,

and the head of the tribe appears to have been chosen alternately from

the tribe of the land and the tribe of the patron saint.[170] The free

and bond _Ceile_ then became free and bond _Manachs_, their position

being substantially the same.

[Sidenote: The _Mortuath_.]

Such being the aspect in which the tribe is presented to us in the

ancient laws of Ireland, it must not be assumed that these tribes, thus

possessing a complete organisation in themselves, were at this period

independent of each other. From even a much earlier period they seem to

have been united in a constitutional framework, by which they formed a

kind of federal nation. Several of these _Tuaths_ were grouped together

to form a still larger tribe, termed a _Mortuath_ or great tribe, over

whom one of the kings presided as _Ri Mortuath_. The normal number

forming a _Mortuath_ is in one place stated as three, and in another

seven.

[Sidenote: The _Cuicidh_ or province.]

Then several of these _Mortuath_ formed a province, called in Irish

_Cuicidh_, or a fifth. The name is interpreted as implying that the

_Mortuath_ thus united were five in number, but the usual explanation is

more probable, that as there were five provinces in Ireland—Meath,

Leinster, Munster, Connaught, and Ulster—it means that each was the

fifth part of Ireland. Over each province was the _Ri Cuicidh_, or

provincial king, and then over the whole was the _Ardri_, or sovereign

of all Ireland.

[Sidenote: The law of Tanistry.]

The succession to these several grades of _Ri_ or king was the same as

that of the _Ri Tuath_, and was regulated by the law of Tanistry, that

is, hereditary in the family but elective in the individual, the senior

of the family being usually preferred; but as, when the king was chosen,

the Tanist would naturally be selected from the next most powerful

branch of the family, it fell at length into an alternate succession

between the two most powerful branches. This becomes at once apparent

when we examine the actual succession of these kings as recorded in the

Annals. The sovereignty over the whole of Ireland fell for several

centuries into one branch of the great family called the Northern Hy

Neill, and the throne was filled alternately from two branches of it.

The succession of the kings of Munster shows the same peculiarity of an

alternate succession between the descendants of two sons of the mythic

founder of that kingdom, and furnished the illustration upon which a

Dissertation on the Law of Tanistry, attributed to General Vallancey,

but really written by Doctor John O’Brien, Bishop of Cloyne, was

founded. The province of Ulster, where an ancient Pictish population was

encroached upon and gradually superseded by Scottish tribes, exhibits

the remarkable peculiarity of an alternate succession of the kings of

Ulster between a family descended from its old Pictish kings and one of

the earliest colonies of Scots, that of the _Dalfiatach_, who settled

among them.[171]

[Sidenote: Connection between superiors and dependants.]

The tie which bound these groups together, and united the chain which

connected the _Ardri_ with the _Ri Tuath_, was the same which linked the

latter with his dependent chiefs, and those with their _Ceile_. The

dependence of one upon another possessed the invariable feature of a

gift or subsidy from the superior to the inferior, and corresponding

duties from the inferior to the superior. In one of the law tracts the

gift from the superior appears as _Taurcreic_, or proportionate stock,

and the return as _Bestighi_, or food-rent of the house, and ranges from

a _Taurcreic_ of five Seds, and a _Bestighi_ of a wether, with its

accompaniments, consisting of cakes, milk, and butter, as the lowest for

the _Fermidba_ to a _Taurcreic_ of fifteen _Cumhals_, or forty-five

cows, and a _Bestighi_ of eight cows for the _Ri Tuath_.[172] We derive

the fullest information on this subject from the ancient tract termed

the Book of Rights. We there see the gift or _Tuarastach_, as it is

there called, made by the _Ardri_ to the different provincial kings, by

them to the kings of the respective _Mortuath_, and by the latter to the

_Ri Tuath_; while the corresponding returns made by the inferior to the

superior king consisted first of a small fixed rent, which in one case

consisted of a _Sgreaball_, or threepence, from each _Baile_ or

township,[173] and a tribute termed _Cobhach_, which included, in the

case of Munster, a submission paid in cattle, termed _Smacht_, and a

_Biathad_ or refection; and each king was entitled to a maintenance when

going beyond his own territory, called _Coinnim_, corrupted into Coigny;

and besides these, service in war was due from each inferior tribe to

the superior, distinguished into _Feacht_ or expedition, and _Sluaged_

or hosting. The number of fighting men each _Tuath_ had to provide was

700, and each _Mortuath_ three companies, or 2100 men.

[Sidenote: The system of fines.]

Another feature of the ancient tribal system in Ireland, presented to us

in the Brehon Laws, must not be overlooked, and that is the system of

fines, in which respect it closely resembled not only similar

regulations in the Welsh Laws but likewise in those of the Anglo-Saxons.

In that early state of society the idea that the slaughter or injury of

any of its members was a crime against the State, which required the

punishment of the criminal in vindication of the law of the land, was

entirely unknown. The slaughter or injury of the member of the tribe was

considered as a loss to the tribe itself, which must be compensated for,

and when compensation was made and accepted the criminal was free.

Originally the compensation was probably simple retaliation, but

afterwards this right of retaliation might be bought off by payment of a

fine. That a tradition of this kind existed appears from a passage in

the Introduction to the Senchus Mor, in which we are told that

‘retaliation prevailed in Erin before Patrick, and Patrick brought

forgiveness with him. At this day we keep between forgiveness and

retaliation; for as at present no one has the power of bestowing heaven

as Patrick had at that day, so no one is put to death for his

intentional crimes, so long as Eric fine is obtained; and whenever Eric

fine is not obtained, he is put to death for his intentional crimes, and

placed on the sea for his unintentional crimes.’ Sir Henry Maine, in

commenting on this passage, justly remarks, that ‘it is impossible, of

course, to accept the statement that this wide-spread ancient

institution, the pecuniary fine levied on tribes or families for the

wrongs done by their members, had its origin in Christian influences;

but that it succeeded simple retaliation is in the highest degree

probable.’[174]

[Sidenote: The Honor price.]

The system of fines was based in the main upon a fixed value put upon

each person, estimated according to his position and rank, and expressed

by a standard of value in cattle. This was his _Enechlann_ or Honor

price, and it enters as an element into all the pecuniary relations of

the different members of the tribes with each other. This standard of

value was expressed in two forms. First by what was termed a _Set_ or

_Sed_, by which single animals of different value were meant. The next

was the _Ri Set_ or milch cow, which was equal to two _Samaiscs_ or

three-year-old heifers or mules, and each _Samaisc_ was equal to two

_Dairts_ or _Colpachs_, that is, two-year-old heifers or bulls, and the

rule was that of every three _Sets_ one must be of each kind.[175] The

other standard of value was the _Cumhal_, which originally meant a

female bondslave, and was equal in value to three milch cows.

The Honor price of the _Ogaire_ was three _Seds_, but they must be

_Seds_ of the cow kind. Five _Seds_ that of a _Boaire_; ten _Seds_ that

of the _Aire desa_; fifteen that of the _Aire ard_; twenty that of the

_Aire tuisi_; twenty-four that of the _Aire forgaill_; thirty _Seds_

that of the Tanist or successor to the king of the tribe; and seven

_Cumhals_, or twenty-one cows, that of the king himself. The king of a

_Mortuath_ has an additional _Cumhal_, or three cows more, to make up

his Honor price. The Honor price of a son of each rank was equal to that

of the rank immediately below it. The intentional slaughter, then, of

one of these persons might be compensated by payment of the Eric fine,

which was equal to the Honor price of the person slain. Other fines were

the Dire fine for injury to a man’s property, and the _Smacht_ or body

fine. A share of these fines fell to the _Flath_ or chief under whom the

person injured was, and also to the king of the tribe, which formed no

insignificant portion of his revenue.

[Sidenote: System of land measures.]

In combination with the tribal organisation, there was also in Ireland

an ancient system of fixed land measures adapted to it. The largest of

these divisions was the _Trichaced_, which was considered as the normal

extent of the _Tuath_ or territory of a tribe. It contained thirty

_Bailebiataghs_, and each _Bailebiatagh_ twelve _Seisrighs_ or

ploughlands, also termed _Ballyboes_, and these were the townships, and

the distribution of the land among the freemen of the tribe appears to

have been separately allotted in each township to its occupants. An

ancient poem,[176] printed by Mr. O’Donovan in his edition of the Battle

of Magh Lena, gives probably the oldest view of these land divisions

over all Ireland, as it is attributed to the same Finntan who is said to

have preserved the record of the ancient mythic colonisation of Ireland.

The poem is thus translated by Mr. O’Donovan, the denomination of land

being, however, retained untranslated:—

1. How many Trichas in noble Erinn,

How many half Trichas to accord,

How many Bailes in linked array,

How many doth each Baile sustain.

2. How many Bailes and Tricha-ceds,

In Erinn the abundant in wealth.

I say unto thee—an assertion with sense—

I defy all the learned to confute it.

3. Do not say that you defy me,

Said Finntan, the man of sense;

I am the most learned that has been

In Alban, in Erinn.

4. Ten Bailes in each Tricha-ced,

And twenty Bailes (thirty in all), it is no falsehood;

Though small their number to us appears,

Their extent form a noble country (Crich).

5. A Baile sustains three hundred cows,

With twelve Seisrighs, it is no lie;

Four full herds may therein roam,

With no cow of either touching the other.

6. I enumerate eighteen Trichas

In the country of Meath of ample wealth.

And thirty Trichas more

In the country of Connaght yellow-haired.

7. I enumerate fifteen Trichas,

And twenty Trichas; without falsehood

This I say to you—a saying bold—

In the great province of Ulster.

8. Eleven Trichas in Leinster,

And twenty of teaming wealth,

From Inbher Duibhlinne hither

Unto the road of the Boroimhe.

9. Ten Trichas in Munster,

And threescore in full accordance,

In the two proud provinces (N. and S. Munster),

In the great extensive Munster.

10. I enumerate four Tricha-ceds,

And ninescore (184 in all), it is no falsehood,

Without the deficiency to any Tricha of them,

Of one Baile or half a Baile.

11. Twenty Bailes, too, and five hundred

And five thousand (5520 in all), it is no falsehood

Since I have taken to divide them,

Is the number of Bailes in Erinn.

12. Two score acres three times,

Is the land of the Seisrigh;

The land of three Seisrighs, therefore,

Is the quarter of a Bailebiataigh.

13. To twelve Seisrighs in full,

The Bailebiataigh alone is equal;

As I am Finntan, a man of sense,

The tenth generation from Adam.

14. The history of Erinn in memory,

As it is in all the books,

Finntan, the truly intelligent, hath.

Of him is asked how many.

The _Seisrigh_ or ploughgate, which represents the sown land, is here

stated to contain 120 acres and twelve ploughgates, with as much pasture

land as sustained 300 cows, or four herds of seventy-five each formed

the _Bailebiatagh_. Thirty _Bailebiataghs_ constituted a _Tricha-ced_,

which would thus contain 43,200 acres; and as, according to the poem,

there were 184 _Tricha-ceds_ in Ireland, this represents about one-half

of the acreage of the whole country, assuming that the ancient and

modern acre was the same in extent. The other half would thus represent

the waste lands, which were turned to no profitable account.

These measures of land make their appearance at an early period in the

mythic history of Ireland, for it is recorded of Ollamh Fodla, one of

the most remarkable figures who appears in this extraordinary catalogue

of shadowy monarchs, and who is said to have flourished twelve centuries

before Christ, that ‘it was he also that appointed a _Toisech_ over

every _Tricha-ced_, and a _Brughaidh_ over every _Baile_, who were all

to serve the king of Erinn.’[177] They emerge also in the historic

period in the tenth century, when a great fleet of Danes landed at

Limerick and plundered and ravaged Munster, both churches and tribes

(_Cella_ ocus _Tuatha_), and their king is said to have ‘ordained kings

(_Rigu_), chiefs (_Taishechu_), _Maers_ and _Reactdairidu_ or stewards

in each land (_Tir_) and in each _Tuath_, as well as levied the _Cis

rigda_, or dues of the kingdom,’ that is, confirmed the old tribal

organisation, substituting Danes for Gael, so that there was ‘a king

(_Ri_) for each _Tir_, a _Toisech_ for each _Tuath_, an abbot for each

_Cill_ or church, a _Maer_ for each _Baile_, and a _Suairtleach_ in each

_Tigi_ or homestead.[178] In the succeeding century it is told of Brian

Boroimhe, the Munster king who reigned over Ireland from 1002 to 1014,

and defeated the Danes in the great battle of Clontarf, that ‘during his

time surnames were first given, and territories (_Duchadha_) allotted to

the surnames, and the boundaries of every _Tuath_ and every _Tricha-ced_

were fixed.’[179]

But although these ancient measures of land are represented as

possessing a definite and fixed extent, yet there seems to be little

doubt that they varied very much in different parts of Ireland. Thus the

unit of the _Seisrigh_ or ploughgate seems to have been of two kinds—a

larger measure of 120 acres in some parts of Ireland, and a smaller

measure of 60 acres in other parts. We also find the _Ballybiatagh_

consisting of sixteen _Taths_ in place of twelve ploughgates, the _Tath_

containing sixty acres.

[Sidenote: Later state of the tribes.]

But not only do these measures of land vary in size and denomination,

but the _Tuath_ or tribe territory appears also to have varied in

different parts of Ireland as well as the constitution of the tribe

possessing it. The publications of the Irish Archæological and Celtic

Societies afford specimens of this in four of the provinces in Ireland.

Thus the preface to the poems of John O Dugan, who died in 1372, opens

with reference to Meath with the general statement—‘His country

(_Duthaidh_) to every _Ardrigh_ and to every _Urrigh_ and to every

_Taoisech_ of a _Tuath_ in Erin.’[180] In the district of Corca Laidhe

in Munster, which represented a _Mortuath_, instead of containing merely

three or seven _Tuaths_, we find eight _Tuaths_ mentioned, and of seven

of these the head of the tribe is termed its _Toisech_, and bears the

same name, while the _Flaith_ or chiefs are called _Oclaich Duthaich_,

or the champions of the territory. The first is the _Duthaich_ or

country of _O Gillamichil_, with seventeen _Oclaich_. Then we have the

_Tuath Ui Chonneid_, with O Conneid as its _Toisech_, and five

_Oclaich_. Then _Tuath Ruis_, with O Laeghaire as its _Toisech_, and

eleven _Oclaich_ or chiefs. Then Tuath O’n-Aenghusa, with O h-Aenghusa

as its _Toisech_, and fourteen _Oclaich_. Then Tuath O’Fithcheallaigh,

with O’Fithcheallaigh as its _Toisech_, and eight _Oclaich_. Then Tuath

O’n Dunghalaigh, with O Dunghaill as its _Toisech_, and nine _Oclaich_.

Then Tuath Ui-Dubhdaleithe, with O Dubhdaleithe as its _Toisech_ and

seven _Oclaich_. The boundaries of these several _Tuaths_ are likewise

given.[181]

In the province of Connaught we have also an account of four of the

great territories, which furnishes us also with some information

regarding the constitution of the tribes there. In a tract printed in

the appendix to ‘The Tribes and Customs of Hy Fiachraich’ we find the

following statement:—‘Connaught (and, I suppose, other provinces) was

anciently distinguished into countries called Doohie (_Duthaidh_) or

Tyre (_Tir_), named from such and such families or nations inhabiting

them, as in the barony of Athlone, Doohie Keogh, the country or nation

of the Keoghs. In the barony of Ballintobber, Doohie Hanly, the country

of the Hanleys, and betwixt Elphin and Jamestown, that sweet country

Teer O Ruin (_Tir Briuin_) and Teer O Byrne, the country of the Beirns.

These countries were subdivided into townlands (in some other parts of

Ireland known by the name of ploughlands), which were called Ballys, as

in Doohie Hanley _Bally nengulluh_, or Gyllstown, _Ballygilleclinne_,

(the town of the Chlinnes), _Ballyfeeny_, etc.; and each townland was

divided again into quarters, which are generally known and distinguished

by certain meares and bounds, and for that reason the name of quarter is

used as though it signified a certain measure; and now the lands here

are generally set and let, not by the measure of acres but by the name

of quarters, cartrons, and gnieves, a quarter being the fourth part of a

townland, and a gnieve the sixth part of a quarter, and a cartron also

the fourth part of a quarter (although in other parts of Ireland a

quarter is the same part that a cartron is here, and a gnieve the fourth

part of a cartron). I have been sometimes perplexed to know how many

acres a quarter contains, but I have learned it is an uncertain measure,

and anciently proportioned only by guess, or according to the bigness of

the townland whereof it was a parcel.’[182]

From the tract termed the ‘Hereditary Proprietors (_Duthchusaigh_) of

the Clann Fiachrach’ we obtain some further information. The territory

possessed by the tribe appears under different names. These are _Triocha

Cheud_, _Taoisidheacht_, or territory ruled over by a _Taoisech_,

_Tuath_, and _Duthaidh_.[183] The first is the _Triocha Ceud_ of Ceara,

and over it were three kings, O’Muireadhaigh, O’Gormog, and

O’Tighernaigh. It seems to have been exceptionally large. Then we have

five districts termed _Taoisidheacht_. The first is that of O’h-Uada and

O’Cinnchnamha. Then that of O’Cearnaigh, containing the twenty-four

Ballys of the termon of Balla, and therefore nearly as extensive as a

_Triocha Ceud_, but the expression Termon indicates it as being church

land. Then that of Ui Ruadin and of him is the _Dudhchus_ of O’Culachan.

Then that of O’Birn and that of O’Gorrmghiolla, the latter containing

seven Ballys and a half, or the fourth part of a _Triocha Ceud_. Then

there are three _Tuaths_ mentioned. First the _Tuath_ of Partraighe,

co-extensive with the parish of Ballyovey. Of this _Tuath_ we have two

accounts. The first shows us the _Ri tuath_ and the _Taoisech_ distinct,

for O’Gaimiallaigh was its _Ri_ and O’Dorchaidhe its _Taoisech_. By the

second account it was the _Taoisigheacht_ of O’Dorchaidhe alone. O’Banan

of Bally Ui Banan and Magilin of Muine were two _Mac Oglaichs_ or

inferior chiefs. The _Tuath_ of Magh na bethighe contained the seven

Ballys of Lughortan, the _Duthaidh_ of Mac an Bhainbh. The _Tuath_ of

Magh Fhiondalbha, containing fifteen Ballys or half a _Triocha Ceud_,

was the _Duthaidh_ of O’Cearnaigh. Then twelve _Duthaidhs_ or Estates

are given, all connected with surnames. Of these seven consist of one

Bally only. The _Duthaidh_ of O’h-Edhneachan consisted of three

divisions, each containing three Ballys. The _Duthaidh_ of O’Faghartaigh

contained three Ballys, and that of O’Caomhan containing the seven

Ballys of Roslaogh. All of these tribes possessed a common origin with

one exception, for it is added ‘that there was found no _Tuath_ without

its hereditary proprietor of the race of Earc Culbhuidhe except this

well-known _Tuath Aitheachda_,’ that is, tribe of the older subjected

inhabitants, called _Tuath Ruisen_, the old name of Roslaog.[184]

The Tribes and Customs of Hy Many, another great district of Connaught,

throw further light on the subject. This district was considered to be a

third part of the province of Connaught, and the patrimony of the _Clann

Ceallaigh_ or O’Kellys. In a tract giving an account of its boundaries

we are told that it consisted of ‘seven _Tricha_, seven _Tuaths_, seven

_Ballys_, and seven half _Ballys_;’[185] and in the tract called the

‘Customs of Hy Many’ we read: ‘These are the tributaries of the _Clann

Ceallaigh_: the O’Duibhginns, the O’Geibhennaighs, the MacCathails, the

MacFloinns, Muintir Murchadhan, and the Clann Aedhagain, until they

become Ollamhs to the _Ardri_ or head of the whole race. These seven

tributaries correspond with the seven _Tricha_;’ and it is added, that

‘the third part of the _Cuigid_ or province of Connaught, that is, Hy

Many, is to be their _Duthaidh_ for ever.’ They have also the

‘marshalship of the forces’ (_Marasgalacht a Sluag_), as _Saer clann_ or

free tribes, and they are freed from the _Sluaged_, or hostings of

spring and autumn. The seven _Tuaths_ were apparently smaller divisions,

and corresponding with them we have ‘the seven _Oirrighi_ or sub-kings

of Hy Many, viz., O’Conaill, and he has the same patrimony as Mac

Chnaimhin and O’Dubhurrla; the _Oirrighs_ of the _Sil Anmchadha_ are the

O’Madudhains; the _Righs_ or rather _Oirrighs_ of Maenmaigh are the

Muintir Neachtain and the O’Maelallaidhs; the six _Soghans_ with their

_Tricha_; to whomsoever of them they cede the lordship he is called

_Oirrigh_ during his lordship,’ and this makes up the seven.

Corresponding with the seven _Ballys_ we find that ‘the seven _Flaiths_

of Hy Many are these, viz., Mac Eidhigan, _Flath_ of Clann Diarmada;

MacGelli-Enan, _Flath_ of Clann Flaithemael and of the Muintir Chinait;

the _Flaith_ of Clann Bresail is the Muintir Domhnallan, and the

_Flaith_ of Clann Duibgind is O’Duibgind, and O’Gabhrain is over Dal

n-Druithne, and O’Docomhlan over Rinnna h-Eignide, and O’Donnchadha over

Aibh Cormac Maenmuighe, and O’Mailbrigdi is _Flath_ of Bredach.’ The

seven half _Ballys_ correspond with the seven principal _Comharbas_ of

Hy Many, and were the lands attached to seven churches. We have then the

following curious account of the termination of the tribal system in Hy

Many. An agreement is entered into in the reign of Queen Elizabeth, on

the 6th of August 1589, between ‘the Irish chieftains and inhabitants of

Imany called the O’Kellie’s country,’ consisting of, first, the O’Kelly

or head of the race; two O’Kellys, competitors for the name of

Tanistshippe of O’Kelly; two other O’Kellys, and different chiefs

bearing the names of O’Mannine, O’Concannon, O’Naghten, Mac Keoghe,

O’Murry, O’Fallone, and Mac Gerraghte. It is there stated that ‘the

territory of Imany, called O’Kelly’s Country, is divided into five

principal barronyes, all which contain 665-1/2 quarters of land, each at

120 acres;’ and they agree ‘that the Captainshippe and Tanistshippe of

the said country, heretofore used by the said O’Kellys, and all

elections and Irish customary division of lands, shall be utterly

abolished and extinct for ever.’ The O’Kelly is to have four quarters of

land then in his possession, with a chief-rent out of other lands during

his life, and the other two O’Kellys four quarters each.[186]

The third great district or _Mortuath_ of Connaught was that called

‘West, or H-Iar Connaught, the country of the O’Flahertys,’ and in

connection with it we have a tract on the ‘territories of the hereditary

proprietors of Muintir Murchadha of Clanfergail and Meadruidhe and Hy

Briuin Seola and Hy Briuin Ratha and Muintir Fathy; their _Toiseachs_

and high _Mac Oglachs_ and _Ollaves_, that is, O’Halloran is _Toiseach_

of the twenty-four Ballys of Clanfergail (or nearly a _Triocha Ceud_),

and of these are O’Antuile and O’Fergus of Roscam. Mac Cingamain and Mac

Catharnaigh are the two _Toiseachs_ of Meadruidhe, having each their own

people of the tribe subject to them. O’Dathlaoich is the _Toiseach_ of

the fourteen Ballys of the Hy Briuin Ratha (or half a _Triocha Ceud_),

and of these are the O’Kennedies and the O’Duinns and the O’Innogs of

Cnoctuadh and O’Laighin of Lackagh and O’Callanan, Comharba of

Kilcahil,’ the latter being an ecclesiastical sept occupying church

land. ‘O’Canavan was medical Ollamh of O’Flaherty in the _Tuath_ of

Toibrineadh, but others say it was O’Laighidh. The _Flaith_ or chiefs of

Hy Briuin Seola, with their correlatives, are O’Fechin, O’Balbhain,

O’Duff, and O’Madudhain.’ This last tribe does not appear united under

one head but broken up into septs. ‘O’Flaharty is _Toiseach_ of the

fourteen Ballys of Muintir Fathy, with their correlatives under them.’

We have then a list of the hereditary office-bearers of O’Flaherty,

which it may be useful to insert as showing that this designation of

_Toiseach_ was not only applied to the hereditary leaders of tribes, but

when coupled with a qualifying word designated a hereditary officer;

thus Mac Gillagannain of Moyleaslainn is _Toiseach scuir_, or Master of

the Horse to O’Flaherty. The O’Colgam of Bally Colgan are

standard-bearers (_go m-brataigh_) of O’Flaherty. MacGinnain is the

_Comharba_ of Kilcoona. O’Maelampaill of Donaghpatraic is the _Brehon_

or judge of O’Flaherty. O’Cleircin of Rathbuidbh, O’Laibacain, and

O’Maoilin, are the _Erenachs_ of Cillbile. The O’Dubains are the

attendants (_Lucht Comhideachta_) of O’Flaherty at his common house. The

MacKilkellys are the Ollamhs of O’Flaherty in history and poetry, and

for this they have three half Ballys. O’Domnall of Ardratha is the

_Toiseach Comoil_, or Master of the Feast of O’Flaherty, with his own

correlatives under him—viz., O’Daigean of Ardfintain, who was

O’Domhnall’s steward (_Reachtaire_), and O’Chichearan of Lis-chicheran,

and O’Conlachtna of Ballyconlachtna, are the _Beachadoir_, or

beekeepers, of O’Flaherty. O’Murgaile of Muinne-inradain is the high

steward (_Ardreachtaire_) of O’Flaherty.’[187] The king of Connaught,

the head of the O’Connors, had similar officers; for we are told by

O’Ferrall, in his Book of Pedigrees, under the O’Conor family, ‘that the

king of Connaught kept twelve prince officers of the chief families of

his country in his court, attending his person as his council, and to

rule and govern as well his household as to manage the affairs of his

kingdom in war and peace, and were called in Irish _Taoisigh na

Cruachan_, or Toiseachs of Cruachan, the royal residence, which officers

were hereditary from father to son. These chief lords had from the king

certain subsidies for their services.’[188]

These are given in detail in an ancient tract among the Stowe MSS.

Four of them—viz., O’Flanagan, MacGerachty, O’Finnachty, and

O’Maolbrennan—were termed royal _Taoiseachs_, and had each a subsidy

of fifty milch cows and fifty sheep at Beltane, and fifty heifers and

fifty pigs at Samheinn, as well as a domain of forty-eight Ballys; and

of these officers, O’Flannagain had the high stewardship

(_Ardmaoraidacht_), O’Feorinachtaigh was the Hostiarius or doorkeeper,

and O’Maolbrennan was joint steward, and commanded the bodyguards. The

other eight _Toiseachs_ of inferior rank had a domain of twenty-four

_Ballys_ each, and of these O’Hanly had the guardianship of hostages

and prisoners, O’Floinn the stewardship of the horse (_Maoras Each_),

O’Flaithbertaigh and O’Maille the command of the fleet, MacDiarmad was

high marschal, O’Teige was _Taoiseach Teaghlach_ or marshal of the

household, and O’Kelly was _Taoiseach Seud_ or steward of the

jewels.[189]

The province of Ulster likewise presents us with the _Tuath_ or tribe,

several of which form a larger territory equivalent to the Mortuath.

Thus a vast territory, consisting of the two districts of the Route and

Glynnes, was granted by James I. in 1603 to the Earl of Tyrone, and was

at that time subdivided into sixteen smaller districts termed _Tuoghs_

or _Tuaths_, which are recited in the patent. The Route, which was

co-extensive with the ancient territory of Dalriada—from which name

indeed the modern word Route is a corruption—contained nine _Tuoghs_.

These were the _Tuogh_ between the Bandy or Bann and the Boys or Bush,

containing six parishes; the _Tuogh_ of Dunseverick and Ballenatoy; the

_Tuogh_ of Ballelagh; the _Tuogh_ of Loughgill; the _Tuogh_ of

Ballemoney and Dromart, containing two parishes; the _Tuogh_ of

Killeoconway (_Coil na g-Connmuigh_), or the wood of O’Conway; the

_Tuogh_ of Killioquin, or the wood of O’Conn; the _Tuogh_ of

Killiomorrie, or the wood of O’Murry; and the _Tuogh_ of Magheredunagh

(_Machaire Dun Eachdach_), or plain of the fort of Eachdach, consisting

of the parish now called Dunaghy. The district of the Glynnes consisted

of seven baronies, six of which are termed _Tuoghs_. These were the

_Tuogh_ of Munerie, the _Tuogh_ of Carey, the _Tuogh_ of Glenmiconogh,

the _Tuogh_ of the Largie, the _Tuogh_ of the Parke, and the _Tuogh_ of

the Larne. The entire acreage of the two districts of the Route and the

Glynnes was 333,907 acres, giving an average of 20,869 acres to each.

The names of the tribes which were connected with these _Tuoghs_ or

_Tuaths_ have not been preserved, but they are still retained in the

district of North Clandeboy, which with South Clandeboy represented the

ancient Dalnaraighe or territory of the Picts of Ulster. We find from an

inquisition in 1605 that North Clandeboy consisted of twenty

subdivisions, thirteen larger and seven smaller; the former are termed

_Tuoghs_ or _Tuaths_, and are named after the tribes occupying them.

These are the _Tuogh_ of Clanaghartie, containing the entire parish of

Kilconriola and part of Ahoghill, and the _Tuogh_ of Muntir Callie

(_Muintir Ceallaigh_), or the tribe of Kelly, containing the rest of

Ahoghill parish. These two together formed the barony of Lower Toome,

and contained 36,000 acres. The _Tuogh_ of Muntir Rividy, and the _Tuogh

na Fuigh_. These two formed the barony of Upper Toome, and contained

64,000 acres. The _Tuogh_ of Muntir Murigan (_Muintir Mhuireagan_), or

the tribe of Murrigan. The _Tuogh na Keart_. The _Tuogh_ of Moylinny,

which is co-extensive with the barony of Upper Antrim, and contained

36,000 acres. The _Tuogh_ of Killelagh. The _Tuogh_ of Maghery-morne,

the _Tuogh_ of Braden Iland, and the _Tuogh_ of Ballinlyny. These three

formed the barony of Lower Belfast, and contain 56,000 acres. The _Tuogh

Cinament_, containing part of the parish of Shankill, and the _Tuogh_ of

the Fall, containing the rest of Shankill and the parish of

Drumbeg.[190]

We have then a very instructive account of the counties of Monaghan and

Fermanagh in a letter addressed by Sir John Davis, Attorney-General of

Ireland, to the Earl of Salisbury in the year 1606. He states that

Monaghan, otherwise called M‘Mahon’s country, ‘was divided into five

baronies, viz., Dartry, Monaghan, Cremorne, Trough, and Donamayne; that

these five baronies contain an hundred Ballybetaghs, viz., Dartrey 21,

Monaghan 21, Cremorne 22, Trough 15, and Donamayne 21.’ These obviously

represent _Tuaths_, four being about two-thirds, and the fifth the half

of a _Triocha Ceud_. He then proceeds to tell us ‘that every

_Ballibetagh_ (which signifieth in the Irish tongue a town able to

maintain hospitality) containeth 16 _taths_, each _tath_ containeth 60

English acres or thereabout; so as every _Ballibetagh_ containeth 960

acres, the extent of the whole containing 100 _Ballibetaghs_ is 96,000

acres, besides the church lands.’ This territory having been forfeited

to the Crown, four of the baronies were thus regranted to the M‘Mahons.

‘In the Dartrey five _Ballibetaghs_ were granted in demesne to Bryan

McHugh Oge McMahon, then reputed chief of his name, and the heirs-male

of his body, rendering £30 rent, viz., £6 for each _Ballibetagh_; the

other 16 _Ballibetaghs_ were divided among the ancient inhabitants of

that barony, some having a greater portion allotted and some a less;

howbeit every one did render a yearly rent of 20s. out of every _tath_,

whereof 12s. 6d. was granted to Bryan McHugh Oge McMahon as a chief rent

in lieu of all other duties, and 7s. 6d. was reserved to the Crown;

which plot was observed in every of the other baronies, so as out of

every _Ballibetagh_ containing 16 _taths_ the lord had £10 and the king

£6. In Monaghan, Ross Bane McMahon had likewise five _Ballibetaghs_

granted unto him, with the like estate, rendering to the queen £30 rent,

and the like chief rent out of nine _Ballybetaghs_ more, and in the same

barony Patrick McArt Moyle had three _Ballybetaghs_ allotted unto him

with the like estate, rendering £18 rent to the queen, and the like

chief rent out of the other four.

‘In Cremorne, Ever McColla McMahon had five _Ballybetaghs_ in demesne

granted unto him, and the heirs-male of his body, rendering £30 rent to

the Crown, and the like chief rent out of twelve other _Ballybetaghs_;

and in the same barony one Patrick Duffe McColla McMahon had two

_Ballybetaghs_ and a half assigned to him in demesne, rendering £15

rent, and the like chief rent out of two other _Ballybetaghs_ and a

half.

‘In the _Tuough_, containing only fifteen _Ballybetaghs_, Patrick

McKenna had three _Ballybetaghs_ and twelve _taths_ in demesne, given

unto him, with the like estate, rendering £22 rent as aforesaid, and the

like chief rent out of seven other _Ballybetaghs_; and in the same

barony one Bryan Oge McMahowne, brother to Hugh Roe, had the like estate

granted unto him in three _Ballybetaghs_, rendering £18 rent in like

manner, and the like chief rent out of two other _Ballybetaghs_.’

These grants no doubt reflect the ancient occupation of the district,

the various returns in kind and in service being commuted for a money

payment, and the holdings being made direct from the Crown, part of each

barony being held in demesne by the chiefs, and the rest by what Sir

John calls the inferior inhabitants, who had, he says, likewise ‘their

demesne and rents allotted to them, and their several portions of land

granted unto them and to their heirs.’ Besides these temporal lands

there were, he says, ‘the spiritual lands, which the Irish call

_Termons_, which were granted to sundry servitors rendering 10s. to the

Crown for every _tath_; which out of all the church lands amounted to

£70 per annum or thereabouts,’ that is, to 140 _taths_, equal to about

nine _Ballybetaghs_.

From the return with regard to the county of Fermanagh we obtain similar

information, with some additional particulars deserving of notice. ‘For

the lands of inheritance in Fermanagh,’ otherwise called Maguire’s

Country, he says, ‘they stood not in the same terms as the lands in

Monaghan. For the signorie or chiefry and the demesne lands, that were

the inheritance of MacGuire himself, were reduced and vested in the

Crown.’... But forasmuch as the greatest part of the inhabitants of that

country did claim to be freeholders of their several possessions, who,

surviving the late rebellion, had never been attainted, so as we could

not clearly entitle the Crown to their land;’ and he adds, that ‘they

held the same not according to the course of common law but by the

custom of tanistry, whereby the eldest of every sept claimed a chiefry

over the rest, and the inferior sort divided their possessions after the

manner of gavelkind.’ Sir John tells us that, ‘First we thought it meet

to distinguish the possessions, next to inquire of the particular

possessors thereof. Touching the possessions,’ he says, ‘we found

Fermanagh to be divided into seven baronies, viz., Magheryboy,

Clanawley, Clankelly, Maghery, Stephanagh, Tirkennedy, Knockrinie, and

Lough Lurgh. Every of these baronies contains seven _Ballybetaghs_ and a

half of land, chargeable with McGuire’s rent, and other contributions of

the country. Every _Ballybetagh_ is divided into four quarters of land,

and every quarter into four _taths_, so as a _Ballybetagh_ containeth

sixteen _taths_, as it doth in Monaghan, but the measure of this country

is far larger; besides the freeland, whereof there is good quantity in

every barony, is no parcel of the seven _Ballybetaghs_ and a half,

whereof the barony is said to consist. For these reasons Fermanagh,

containing but fifty-one _Ballybetaghs_ and a half of chargeable lands,

is well-nigh as large an extent as Monaghan, which hath in it an hundred

_Ballybetaghs_.’

‘Touching the freeland we found them,’ he says, ‘to be of three kinds—

‘1. Church land or _termon_ lands, as the Irish call it.

‘2. The mensal land of McGuire.

‘3. Land given to certain septs privileged among the Irish, viz., the

lands of the chroniclers, rimers, and gallo-glasses.

‘The Church land was either monastery land, _Corbe_ land, or _Erenach’s_

land. The monastery land lay in the barony of Clanawley, and did not

exceed two _Ballybetaghs_, but the lands belonging to the _Corbes_ and

_Erenachs_ are of far greater quantity, and are found in every barony.

They told me,’ he adds, ‘that the word _Termon_ doth signify in the

Irish tongue a liberty or freedom, and that all church lands whatsoever

are called _termon_ lands by the Irish, because they were ever free from

all impositions and cuttings of the temporal lords, and had the

privilege of sanctuary.’

McGuire’s mensal lands, he tells us, were ‘free from all common charges

and contributions of the country, because they yielded a large

proportion of butter and meal and other provisions for McGuire’s table,

‘and that though lying in several baronies did not in quantity exceed

four _Ballybetaghs_, the greatest thereof being in the possession of one

M‘Manus and his sept.’ The certainties of the duties or provisions

yielded unto McGuire out of these mensal lands were set forth in an old

parchment roll in the hands of one O’Brislan, a chronicler and principal

_Brehon_ of that country. It was not very large, but was written on both

sides in a fair Irish character, and contained not only ‘the certainty

of McGuire’s mensal duties, but also the particular rents and other

services which were answered to McGuire out of every part of the

country.’ ‘Besides these mensals,’ he adds, ‘McGuire had two hundred and

forty beeves or thereabouts yearly paid unto him out of the seven

baronies, and about his castle at Iniskillen he had almost a

_Ballybetagh_ of land, which he manured with his own churles. And this

was McGuire’s whole estate in certainty, for in right he had no more,

and in time of peace did exact no more. In time of war he made himself

owner of all, cutting what he listed, and imposing as many _bonachts_ or

hired soldiers upon them as he had occasion to use. Concerning the free

land of the third kind—viz., such land as is possessed by the Irish

officers of this country, viz., chroniclers, galloglasses, and

rimers—the entire quantities if it were laid down together, as it is

scattered in sundry baronies, doth well-nigh make two _Ballybetaghs_ and

no more.’[191]

This presents us with a graphic enough account of the state of the Irish

tribe as it existed at the time Sir John Davis wrote; and we may

supplement what he says as to the position of the _Termon_ or Church

lands, and their freedom from the burdens to which the other lands were

subject, by two charters preserved in the Book of Kells. The first is a

grant by Conchobhar O’Maelsechlann, king of Meath, in the eleventh

century, by which he gave Kildelga with its territory and lands to God

and to Columkille for ever, free of all claim for _Cis_ or rent,

_Cobach_ or tribute, _Fecht_ and _Sluaged_ or expedition and hosting,

and _Coinnim_ from king or _Toiseach_, and the precise signification of

_Coinnim_ appears from the second charter granted in the succeeding

century, by which the freedom of Ardbreacain was granted by Muirchertach

O’Lochlainn, king of Ireland, Diarmaid O’Maelsechlann, king of Meath,

and Aedh Mac Cu-Uladh, king of Laeghaire. The people of Laeghaire had a

certain tribute on the Church, viz., one night’s _Coinnmeda_ every

quarter of a year. O’Lochlain, king of Ireland, and O’Maelsechlann, king

of Meath, induced the king of Laeghaire to sell this night’s _Coinnmeda_

for three ounces of gold. The Church, therefore, with its territory and

lands, is free for two reasons, viz., on account of the general freedom

of all churches, and on account of this purchase.’[192]

We thus see that the leading features of the Irish tribes, as we have

gathered them in the ancient laws, can to a great extent be recognised

in the state of the native population of the country, as we find it

presented to us at a later period in four of her great provinces.

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