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 In endeavouring to ascertain the early social organisation of these three races, besides the few hints which historical documents afford, we have the advantage of an ancient code of laws of each race.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.