第 4 节
作者:
披荆斩棘 更新:2022-08-21 16:34 字数:9322
the history of Metayer tenancy is so obscure that I certainly
cannot undertake to say that practices answering to those I have
described had not in some countries something to do with its
primitive form。 But the distinctions between the ancient and the
modern tenancies are more important than the analogies。 In
Metayer tenancy a landlord supplies the land and stock; a tenant
the labour only and the skill; but in Saer and Daer…stock tenancy
the land belonged to the tenant。 Again; the effect of the ancient
Irish relation was to produce; not merely a contractual
liability; but a status。 The tenant had his social and tribal
position distinctly altered by accepting stock。 Further; the
acceptance of stock was not always voluntary。 A tribesman; in one
stage of Irish custom at all events; was bound to receive stock
from his own 'King;' or; in other words; from the Chief of his
tribe in its largest extension; and everywhere the Brehon laws
seem to me to speak of the acceptance of stock as a hard
necessity。 Lastly; the Tribe to which the intending tenant
belonged had in some cases a Veto on his adoption of the new
position; which was clearly regarded as a proceeding invasive of
tribal rights and calculated to enfeeble them。 In order to give
the Tribe the opportunity of interposing whenever it had legal
power to do so; the acceptance of stock had to be open and
public; and the consequences of effecting it surreptitiously are
elaborately set forth by the law。 It seems to me clear that it
was discouraged by the current popular morality。 One of those
rules; frequent in ancient bodies of law; which are rather moral
precepts than juridical provisions; declares that 'no man should
leave a rent on his land which he did not find there。'
The system which I have been describing must have contributed
powerfully to dissolve the more ancient tribal and family
organisation。 If the Chief who gave and the Ceile who accepted
stock belonged to the same Tribe; the effect of the transaction
was to create a relation between them; not indeed altogether
unlike that of tribal connection; but still materially different
from it in many respects and much more to the advantage of the
chieftain。 But the superior from whom a man took stock was not
always the Chief of his own Sept or Tribe。 So far as the Brehon
law can be said to show any favour to the new system of
vassalage; it encourages it between natural chief and natural
tribesman; and; on the other hand; it puts difficulties in its
way when there is an attempt to establish it between a tribesman
and a strange Chief。 But there seem to be abundant admissions
that freemen did occasionally commend themselves in this way to
superiors other than their Chiefs。 avery nobleman; as I said
before; is assumed to be as a rule rich in cattle; and it appears
to have been an object with everyone to disperse his herds by the
practice of giving stock。 The enriched peasant who was on his way
to be ennobled; the Bo…Aire; seems to have had Ceiles who
accepted stock from him; as well as had the nobles higher in
degree。 Accordingly; the new groups formed of the Lord and his
Vassals if we may somewhat antedate these last words were
sometimes wholly distinct from the old groups composed of the
Chief and his Clan。 Nor; again; was the new relation confined to
Aires; or noblemen; and Ceiles; or free but non…noble tribesmen。
The Bo…Aire certainly; and apparently the higher Chiefs also;
accepted stock on occasion from chieftains more exalted than
themselves; and in the end to 'give stock' came to mean the same
thing as to assert feudal superiority; and to 'accept stock' the
same thing; which in the language of other societies was called
'commendation。' It is strong evidence of the soundness of the
conclusions reached of late years by historical scholars (and;
among others; by Mr Bryce); as to the deep and wide influence
exercised by the Roman Empire; even in its later form; that (of
course by a fiction) the Brehon law represents the King of
Ireland as 'accepting stock' from the Emperor。 'When the King of
Erin is without opposition' that is; as the explanation runs;
when he holds the ports of Dublin; Waterford; and Limerick; which
were usually in the hands of the Danes 'he receives stock from
the King of the Romans' (S。 M。; ii。 225)。 The commentary goes on
to say that sometimes' it is by the successor of Patrick that the
stock is given to the King of Erin; 'and this remarkable passage
seems to show that an Irish writer spoke of the successor of St
Patrick; where a writer of the same approximate period in England
or on the European Continent would assuredly have spoken of the
Pope。
I hope it is unnecessary for me to insist on the interest
which attaches to this part of the Brehon law; it has been not
uncommon; upon the evidence furnished by the usages of the
Scottish Highlanders; sharply to contrast Celtic tribal customs
with feudal rules; and doubtless between these customs and
feudalism in its perfected state there are differences of the
greatest importance。 Yet; if the testimony of the Brehon tracts
may be trusted; such differences arose; not from essential
distinctions; but; in some measure at all events; from
distinctions of degree in comparative social development。 The
germs of feudalism lay deep in the more ancient social forms; and
were ready to assert their vitality even in a country like
Ireland; which; after it was once Christianised; can have
borrowed next to no institutions from its neighbours; cut off as
it was from the Continent by distance; and from England by
stubborn national repulsion。 It is also worthy of observation
that this natural growth of feudalism was not; as some eminent
recent writers have supposed; entirely distinct from the process
by which the authority of the Chief or Lord over the Tribe or
Village was extended; but rather formed part of it。 While the
unappropriated waste…lands were falling into his domain; the
villagers or tribesmen were coming through natural agencies under
his personal power。
The Irish practice of 'giving stock' seems to me also to
connect itself with another set of phenomena which have generally
been thought to belong to a very different stage of history。 We
obtain from the law…tracts a picture of an aristocracy of wealth
in its most primitive form; and we see that the possession of
this wealth gave the nobles an immense power over the non…noble
freemen who had nothing but their land。 Caesar seems to me to be
clearly referring to the same state of relations in the Celtic
sister society; when he speaks of the Gaulish chiefs; the
Equites; having one principal source of their influence in the
number of their debtors。 (B。 G。; i。 4; B。 G。; vi。 13。) Now; you
will remember how uniformly; when our knowledge of the ancient
world commences; we find plebeian classes deeply indebted to
aristocratic orders。 At the beginning of Athenian history we find
the Athenian commonalty the bondslaves through debt of the
Eupatrids; at the beginning of Roman history we find the Roman
Commons in money bondage to the Patricians。 The fact has been
accounted for in many ways; and it has been plausibly suggested
that it was the occurrence of repeated bad seasons which placed
the small farmers of the Attic and Roman territory at the mercy
of wealthy nobles。 But the explanation is imperfect unless we
keep in mind the chief lesson of these Brehon tracts; and
recollect that the relative importance of Land and Capital has
been altering throughout history。 The general proposition that
Land is limited in quantity and is distinguished by this
limitation from all other commodities which are practically
capable of indefinite multiplic