Section One - Part Two: Kinship and Tuaths

by Iain Mac an tSaoir

Just as the center of Gaelic culture is the hearth, the Law is based on kinship. Kinship is, in fact, the very foundation of the Brehon Law. The law texts are quite clear about the addressment of the kingroup. The term used to denote the kinship group or fine, which as a unit was comprised of derbfine or "true kin". A fine consisted of those who were descendent through an agnatic line from a common great-grandfather. The head of the fine was the ágae fine or cennfine. This person was most likely chosen by election, based on their wealth, rank, knowledge and ability as a leader.

While in most instances, the descent was traced through the male line, there were instances when the female line was focused on in the old laws. Amongst these times were the woman's traditional right of return to her kin. In addition, the maternal kin were required to take part in a blood-feud if the child of one of its daughters was killed. While mentioning this, it needs to be stated that blood-feuds were not the first line of settlement of matters. Nor were the Brehon Laws based on penal statutes. Punishments were a matter of compensation. As with several types of offenses, blood-feuds were sanctioned in this case if the fine [e/raic or 'body fine'] for the killing was not paid by e/raic of the slain child. In addition, it was their duty to insure that a child's fosterage was properly fulfilled.

The fine maintained an incredible number of legal rights over its members; Including having a say in who the sexual partners of its members were, something that applied to males and females alike. It was a system whose cornerstone was responsibility. Each fine maintained a holding of land that belonged to the whole kingroup. This land was called fintiu. Every competent adult male had some responsibility in the matters of the land. Yet, the fintiu could only be sold by the consent of the whole fine,, and even then, only if they fulfilled certain criterion. The idea would seem to be that nothing could be done that would jeopardize the kingroup.

Even while individual members of the dearbfine were restrained from doing things that would cause ill to befall the kingroup, the fine was responsible and liable for offences committed by its members. While, as stated earlier, penal measures (jails) were not the norm in Brehon law, there were times when people and possessions could be distrained. The law provided for the distraint of a kinsman if they could not fulfill their obligations. Higher ranking kinsmen could find themselves under distraint for the acts of their other kinsmen, in fact, such distrainst could touch several people in a fine. There was, however, recourse for those who had fallen victim to another's defaulting on their legal obligations. In these cases, the kindred could reclaim the losses incurred from such distraints, from the original offender. The law also made provision so that the offender could be cast out of the fine should they not meet their responsibilities. This act was one where in the offender was stripped of all their legal rights. As one so cast out, they were an outsider wherever they went, and most of the time, had no protections at all, being at the mercy of fate.

Usually however, people were very much protected, both in their own fine, the tuatha wherein their fine resided, and in whatever other tuaths with which their tuath had treaties. However, if one of the kin were to be killed (except in a blood-feud), their other kinsmen each received a part of the e/raic (body-fine). As discussed above regarding the slaying of a child, so was their the expectation that the survivors of a murdered person would press a blood-feud against someone who failed to pay the e/raic.

The act of slaying a member of one's kin [fingal], was considered to be particularly anathma. One who murdered one of their kin was forfeit their share of the fintiu. Even when this was the case, as a member of the fine, they were still liable to pay for offences made by others of their kin.

Having established the basics of the fine as a legal entity, we can next address the tuath. A tuath was a regional body which existed as a tribal body. At one time there were as many as 150 tuaths in Ireland. Each of these tuaths were peopled by as many as six fine. Much of the corpus of Irish law addresses the tuath.

Recommended Reading:

Early Irish and Welsh Kinship, Charles-Edwards

Sources:

Guide To Early Irish Law, Fergus Kelly
Early Irish and Welsh Kinship, Charles-Edwards
Cattlelords and Clansmen, Nerys Patterson
Clannada na Gadelica, 'Introduction To Brehon Law', Ailig Mac an tSaoir

prepared by Iain Mac an tSaoir

©1998, 1999 Clannada na Gadelica, all rights reserved.

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