of long ages, the manner in which the laws are inextricably
interwoven with the interlocking clan system, and the absence of
scientific arrangement or guiding principle except those of moral
justice, clemency, and the good of the community. This defect in
arrangement is natural in writings intended, as these were, for the
use of judges and professors, experts in the subjects with which they
deal, but makes the task of presenting a concise statement of them
difficult and uncertain.
SOCIETY LAW. The law and the social system were inseparable parts of
a complicated whole, mutually cause and consequence of each other.
_Tuath, clann, cinel, cine_, and _fine_ (pronounced thooah, clong,
kinnel, kineh, and fin-yeh) were terms used to denote a tribe or set
of relatives, in reality or by adoption, claiming descent from a
common ancestor, forming a community occupying and owning a given
territory. _Tuath_ in course of time came to be applied indifferently
to the people and to their territory. _Fine_, sometimes designating a
whole tribe, more frequently meant a part of it, occupying a distinct
portion of the territory, a potential microcosm or nucleus of a clan,
having limited autonomy in the conduct of its own immediate affairs.
The constitution of this organism, whether as contemplated by the law
or in the less perfect actual practice, is alike elusive, and
underwent changes. For the purpose of illustration, the _fine_ may be
said to consist, theoretically, of the "seventeen men" frequently
mentioned throughout the laws, namely, the _flaithfine_ = chief of
the _fine_; the _geilfine_ = his four fullgrown sons or other nearest
male relatives; the _deirbhfine, tarfine_, and _innfine_, each
consisting of four heads of families in wider concentric circles of
kinship, say first, second, and third cousins of the _flaithfine_.
The _fine_ was liable, in measure determined by those circles, for
contracts, fines, and damages incurred by any of its members so far
as his own property was insufficient, and was in the same degree
entitled to share advantages of a like kind accruing. Intermarriage
within this _fine_ was prohibited. The modern term "sept" is applied
sometimes to this group and sometimes to a wider group united under a
_flaith_ (flah) = "chief", elected by the _flaithfines_ and provided,
for his public services, with free land proportionate to the area of
the district and the number of clansmen in it. _Clann_ might mean the
whol
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