What every one was bound to do to his ríg, or chief, he might do voluntarily to the flaith of his sept, to any flaith of the tribe, or even to one of another tribe. He might also become a bond ceile. In either case he might renounce his ceileship by returning a greater or lesser amount of stock than what he had received according to the circumstances under which he terminated his vassalage. In cases of disputed succession to the chiefship of a tribe the rival claimants were always anxious to get as many as possible to become their vassals. Hence the anxiety of minor chieftains, in later times in the Highlands of Scotland, to induce the clansmen to pay the “calpe” where there happened to be a doubt as to who was entitled to be chief.
The effect of the custom of gavel-kind was to equalize the wealth of each and leave no one wealthy enough to be chief. The “joint and undivided family” and the formation of “joint families,” or gilds, was one way of obviating this result; another way was the custom of tanistry. The headship of the tribe was practically confined to the members of one family; this was also the case with the headship of a sept. Sometimes a son succeeded his father, but the rule was that the eldest and most capable member of the geilfine, that is, the relatives of the actual chief to the fifth degree,[2] was selected during his lifetime to be his successor—generally the eldest surviving brother or son of the preceding chief. The man selected as successor to a chief of a tribe, or chieftain of a sept, was called the tanist, and should be “the most experienced, the most noble, the most wealthy, the wisest, the most learned, the most truly popular, the most powerful to oppose, the most steadfast to sue for profits and (be sued) for losses.” In addition to these qualities he should be free from personal blemishes and deformities and of fit age to lead his tribe or sept, as the case may be, to battle.[3] So far as selecting the man of the geilfine who was supposed to possess all those qualities, the office of chief of a tribe or chieftain of a sept was elective, but as the geilfine was represented by four persons, together with the chief or chieftain, the election was practically confined to one of the four. In order to support the dignity of the chief or chieftain a certain portion of the tribe or sept land was attached as an apanage to the office; this land, with the duns or fortified residences upon it, went to the successor, but a chief’s own property might be gavelled. This custom of tanistry applied at first probably to the selection of the successors of a ríg, but was gradually so extended that even a bó-aire had a tanist.
A sept might have only one flaith, or lord, connected with it, or might have several. It sometimes happened, however, that a sept might be so broken and reduced as not to have even one man qualified to rank as a flaith. The rank of a flaith depended upon the number of his ceiles, that is, upon his wealth. The flaith of a sept, and the highest when there was more than one, was ceann fine, or head of the sept, or as he was usually called in Scotland, the chieftain. He was also called the flaith geilfine, or head of the geilfine, that is, the kinsmen to the fifth degree from among whom should be chosen the tanist, and who, according to the custom of gavel-kind, were the immediate heirs who received the personal property and were answerable for the liabilities of the sept. The flaiths of the different septs were the vassals of the ríg, or chief of the tribe, and performed certain functions which were no doubt at first individual, but in time became the hereditary right of the sept. One of those was the office of maer, or steward of the chief’s rents, &c.;[4] and another that of aire tuisi, leading aire, or taoisech, a word cognate with the Latin duc-s or dux, and Anglo-Saxon here-tog, leader of the “here,” or army. The taoisech was leader of the tribe in battle; in later times the term seems to have been extended to several offices of rank. The cadet of a Highland clan was always called the taoisech, which has been translated captain; after the conquest of Wales the same term, tywysaug, was used for a ruling prince. Slavery was very common in Ireland and Scotland; in the former slaves constituted a common element in the stipends or gifts which the higher kings gave their vassal sub-reguli. Female slaves, who were employed in the houses of chiefs and flaiths in grinding meal with the hand-mill or quern, and in other domestic work, must have been very common, for the unit or standard for estimating the wealth of a bó-aire, blood-fines, &c., was called a cumhal, the value of which was three cows, but which literally meant a female slave. The descendants of those slaves, prisoners of war, forfeited hostages, refugees from other tribes, broken tribesmen, &c., gathered round the residence of the ríg and flaiths, or squatted upon their march-lands, forming a motley band of retainers which made a considerable element in the population, and one of the chief sources of the wealth of chiefs and flaiths. The other principal source of their income was the food-rent paid by ceiles, and especially by the daer or bond ceiles, who were hence called biathachs, from biad, food. A flaith, but not a ríg, might, if he liked, go to the house of his ceile and consume his food-rent in the house of the latter.
Under the influence of feudal ideas and the growth of the modern views as to ownership of land, the chiefs and other lords of clans claimed in modern times the right of best owing the tribe-land as turcrec, instead of stock, and receiving rent not for cattle and other chattels as in former times, but proportionate to the extent of land given to them. The turcrec-land seems to have been at first given upon the same terms as turcrec-stock, but gradually a system of short leases grew up; sometimes, too, it was given on mortgage. In the Highlands of Scotland ceiles who received turcrec-land were called “taksmen.” On the death of the chief or lord, his successor either bestowed the land upon the same person or gave it to some other relative. In this way in each generation new families came into possession of land, and others sank into the mass of mere tribesmen. Sometimes a “taksman” succeeded in acquiring his land in perpetuity, by gift, marriage or purchase, or even by the “strong hand.” The universal prevalence of exchangeable allotments, or the rundale system, shows that down to even comparatively modern times some of the land was still recognized as the property of the tribe, and was cultivated in village communities.
The chief governed the clan by the aid of a council called the sabaid (sab, a prop), but the chief exercised much power, especially over the miscellaneous body of non-tribesmen who lived on his own estate. This power seems to have extended to life and death. Several of the flaiths, perhaps, all heads of septs, also possessed somewhat extensive powers of the same kind.
The Celtic dress, at least in the middle ages, consisted of a kind of shirt reaching to a little below the knees called a lenn, a jacket called an inar, and a garment called a brat, consisting of a single piece of cloth. This was apparently the garb of the aires, who appear to have been further distinguished by the number of colours in their dress, for we are told that while a slave had clothes of one colour, a rég tuatha, or chief of a tribe, had five, and an ollamh and a superior king six. The breeches was also known, and cloaks with a cowl or hood, which buttoned up tight in front. The lenn is the modern kilt, and the brat the plaid, so that the dress of the Irish and Welsh in former times was the same as that of the Scottish Highlander.
By the abolition of the heritable jurisdiction of the Highland chiefs, and the general disarmament of the clans by the acts passed in 1747 after the rebellion of 1745, the clan system was practically broken up, though its influence still lingers in the more remote districts. An act was also passed in 1747 forbidding the use of the Highland garb; but the injustice and impolicy of such a law being generally felt it was afterwards repealed.
(W. K. S.)
[1] The following account of the Irish clan-system differs in some respects from that in the article on [Brehon Laws] (q.v.); but it is retained here in view of the authority of the writer and the admitted obscurity of the whole subject.