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The Kingdoms or Provinces of
Ireland - The King of Ulster undisputed Over-King - The Country never a
United Ireland - The O'Neills of the Royal Family of Ulster - St.
Patrick's Predilection for Ulster - Mode of Government in Fifth Century -
The Brehon Laws - Revised by St. Patrick at Request of the King of Ulster
- The Book of Acaill - Lawless State of the Country.
Even before the
introduction of Christianity into Ireland, the island was divided into
sections somewhat similar to those which form the four provinces at the
present time. These kingdoms, as they were called in St. Patrick's day,
each acknowledged a royal family of its own. For convenience' sake the
present names of the provinces are used, but it is well to remember that
the termination "ster" in Ulster, Munster, and Leinster is of Norse
origin, and therefore could not be in use earlier than the ninth century.
In the middle of the fifth century the royal family of Ulster were the
O'Neills or Hy-Nials, who were also for nearly five hundred years the
Over-Kings of Ireland, their supremacy being recognized by the provincial
Kings of Leinster, the McMurroughs; of Connaught, the O'Conors; and of
Munster, the O'Briens. In a rude age it is not strange that this
over-kingship had occasionally to be enforced, and the position of Ardri
maintained whenever disputed, as it was more than once by the kingdom of
Munster. A fifth kingdom, Meath, is sometimes referred to; but it was
really an appanage of the royal house of Ulster and consisted of
Westmeath, Longford, and a portion of King's County. Munster was divided
into two districts, Desmond and Thomond, but they gradually ceased to be
distinguished and Munster was regarded as a single province.
In order to make clear the
position of affairs at this period, some account of the system of
government of the country is necessary. This must not be taken as applying
to the entire island in the aggregate; for, in the words of that most
impartial historian and great authority, W. E. H. Lecky: "the Irish clans
have never been fused into a single nation". And it may be added that Lord
Dunraven, in his admirable study of Irish history The Legacy of Past
Years, in writing on this subject, says that even at a much later
period in her history Ireland had not emerged from the tribal state. "No
man had arisen of sufficient strength to found and perpetuate a lasting
dynasty, and weld the people into a nation acting under one head." Each of
the four kingdoms referred to governed itself, with a king as its
recognized ruler; but they never combined on any occasion, even to keep
from the shores of Ireland a common enemy. This is sufficient reason why
the country suffered from successive invasions. It also explains to a
certain extent why the inhabitants of the several provinces are unlike in
temperament and other characteristics. There are, of course, other
reasons, which will be given later, but it can easily be seen when there
are frequent internecine" wars waged by those who are supposed to have a
common origin and a common heritage, why the elements that go to make up a
nation are lacking. Ulster to-day is a striking example of the fact that
the various kingdoms in Ireland were never united. There never has been a
United Ireland.
One of the causes which may
have led to this strange contrast between a native of Munster or of
Connaught and a native of Ulster, is the possibility (and we have good
geological evidence for the surmise) that the land connection between
Ireland and the south-west of Scotland continued for some centuries later
than the land connection between Ireland and England. The evidence in
favour of this conjecture lies in the similarity of the geological
formation of the coast line of Antrim and that of the adjacent coast line
of Scotland, and the fact that the fauna of the two countries exhibit a
striking resemblance, in strange contrast to the characteristics of the
fauna of England. The north of Ireland, by means of a natural causeway
existing between it and Scotland, would, in the remote time under
consideration, be peopled by a hardy race whose descendants, even after
the lapse of centuries, would possess the leading characteristics of their
ancestors.
To carry this conjecture
farther, may not these very characteristics, or traits of nationality,
have been the chief factors which aroused the great interest in Ulster
displayed by St. Patrick? He was, as nearly all authorities agree with
Professor Bury in stating, born in Dumbarton. He repaired, as we have
seen, first to Ulster. His first convert was an Ulster chief. His first
church was built within the borders of Ulster, at Saul. He made Armagh the
principal See of Ireland, and he spent the closing years of his life near
Downpatrick, where he is buried. All this points to St. Patrick's finding
characteristics in the people of Ulster which he did not discover in the
people of the other provinces. This may be merely a flight of fancy, but
no other reasonable explanation has ever been given for St. Patrick's
striking predilection for Ulster.
Seeing, then, that a
description of the mode of government in Ireland must be confined to a
single "kingdom" at a time, and having devoted our attention to Ulster, it
is interesting to note the leading part taken by that province in all
great movements whether physical or intellectual. For over five hundred
years the King of Ulster was Supreme King of Ireland, and that supremacy
had to be maintained by force of arms. The over-king (or Ardri) till the
close of the fifth century resided at Tara, in the province of Meath. This
province had been formed by cutting off a portion from each of the
surrounding territories, so as to make a kind of personal estate for the
head of the royal house of Ulster. It was composed, as already stated, of
Westmeath, Longford, and a part of King's County, and was therefore about
half the size of Ulster.
Under the Ardri the
provincial kings held sway, having under them chiefs governing districts
called tuaths, which each contained about 180 English square miles. It
will be seen, therefore, that the clan system existed in Ireland as well
as in Scotland; but the clans in Ireland were called "septs". These septs
consisted of a number of families bearing the same name. The head of each
family was in his own circle supreme, but he owed allegiance to the head
of the sept. The head of the sept in his turn acknowledged the supremacy
of the chief or sub-king of the territory, and paid him tribute. By having
so many divisions and sub-divisions of territory much mischief was wrought
in the country, but among all primitive peoples society was based on the
tribal system. The chiefship of the sept was elective, his successor being
chosen in his lifetime. This successor, called the "Tanist", was not
necessarily his son, but some member of his family and he was always
elected as being the most serviceable member that could at the moment be
found.
The law was administered by
judges called Brehons. The Brehons were the general professional
arbitrators in all disputes. They had absolutely in their hands the
interpretation of the laws and the application of them to individual
cases. Submission to their jurisdiction could not be compelled by the
suitor, but in practice, owing to the weight of public opinion, it was
never questioned. The Brehons had collections of laws in volumes. Of these
volumes some have been preserved, notably the great Irish code, the
Senchus Mor, which claims attention as exhibiting an elaborate system of
jurisprudence. This great code was compiled in the fifth century. Another
important volume of laws is the Book of Acaill or Ackill. These books of
law were translated by O'Donovan and O'Curry, and we learn from the
introduction to the Senchus Mor the story of its compilation. From this it
would appear that King Laeghaire, whom St. Patrick converted to
Christianity, in his zeal for his new faith requested that a code of pagan
laws compiled at the desire of the saint himself should be revised.
Accordingly he appointed a committee of nine eminent and learned men,
including himself and St. Patrick, to revise them, and exclude from them
everything that clashed with the doctrines of Christianity. This was done,
and a passage from the introduction to the work informs us: "How the
judgment of true nature which the Holy Ghost had spoken through the mouths
of the Brehons and just poets of the men of Erin, from the first
occupation of the island down to the reception of the faith, were all
exhibited by Dubhtach [the Chief Brehon or Poet of the time] to Patrick.
What did not clash with the Word of God in the written law and in the New
Testament, and with the consciences of the believers, was confirmed in the
law of the Brehons by Patrick, and by the ecclesiastics and the chieftains
of Erin. For the law of nature had been quite right, except the faith and
its obligations, and the harmony of the Church and the people."
The Book of Acaill, which
is believed to have been put together in the third century, gives some
idea of the criminal branch of the Brehon law. Every crime, from murder
down to the smallest offence or accidental injury, could be compensated
for by erics, or fines. These fines were payable by the forfeiture of so
many cows; but as there was no force at the back of the Brehon who had
delivered judgment, the fines sometimes remained unpaid. The remuneration
of a Brehon in each case upon which he was called to decide was by payment
of dues consisting of fifteen cows and ten days' entertainment. If he
delivered a false or unjust judgment he was branded on the cheek.
The Married Woman's
Property Act was anticipated in Brehon law. Where the husband and the wife
alike possessed property, the wife was called "the wife of equal dignity".
She was recognized as in every respect her husband's equal; neither could
contract without the other, nor could one of them jeopardize the property
of the other.
The Brehon laws, while they
form a huge collection of primitive customs, and have little in common
with modern ideas on the subject of law and justice, contain not a little
that is just and wise. Judge O'Connor Morris wrote of them that "They are
full of conceits and extremely complex, never simple or striking in their
ideas; they contrast strangely with the English Common Law", and he adds:
"In one respect, however, the Brehon lawyers seem to have had just and
enlightened conceptions; they systematically discouraged collective rights
in land, and did much to encourage separate ownership, one of the first
great steps in social advancement".
The well-known hospitality
of the Irish people even at this early stage is proved by references in
the Brehon code to the Public Hospitaller, an individual whose function it
was to keep open house on the part of his sept, and receive distinguished
personages passing through his district. With the view of enabling the
hospitaller to worthily perform his duties he was allowed five hundred
acres of land. He was thus rendered independent, and was not permitted to
accept presents from persons who partook of his hospitality. The house he
occupied belonged to the sept and was used for public meetings. The
hospitaller had to keep a light burning throughout the night, in order to
guide those who were in need of shelter to the protection afforded by its
hospitable roof.
With regard to the tenure
of land, it may be noted that the entire land belonged to the sept. Part
was used for grazing purposes, and part was allotted in tracts, for the
purpose of cultivation, to the various heads of households. It was less
the actual land than the amount of grazing it afforded which constituted
its value. As Miss Lawless points out: "Even to this day a man, especially
in the West of Ireland, will tell you that he has 'the grass of three
cows', or 'the grass of six cows', as the case may be".
Rent has always been a sore
subject in Ireland, and it is therefore strange that Sir Henry Maine
should have pointed out that the most distinct ancient rules concerning
the excessive extortion of rent are to be found in the Senchus Mor. Three
rents are enumerated, viz.: rack rent to be extorted from one of a strange
sept; fair rent from one of the same tribe; and stipulated rent to be paid
equally to either.
When a tenant died, his
farm did not go to his children. A redistribution of the entire land held
by the sept was made, and the land was divided or gavelled among the male
adult members. This custom did much to prevent tenants making permanent
improvements.
But it is comparatively
easy to make laws. It is difficult to have those laws enforced. It must
not be thought because an imposing code of laws was in existence that the
people for whose benefit they were made were law-abiding. Far from it. It
was a wild stormy time, when fighting was the aim and object of existence.
The only rule of life was that given in the couplet:
He may take who has the
power,
And he may keep who can.
It was a time given over to
never-ending raiding, burning, plundering, and fighting, a time in which
even women went to the wars and fought beside their husbands with reckless
courage, slaying or being slain with astonishing indifference to fate.
Courage, indeed, was needed
in woman as well as in man, for dangers lurked on every side, not alone in
the shape of human enemies, but in the fact that the woods had not yet
been cleared, nor the wolf as yet exterminated. |
