第 5 节
作者:
披荆斩棘 更新:2022-08-21 16:34 字数:9322
capable of indefinite multiplication; has always of course been
abstractedly true; but; like many other principles of Political
Economy; its value depends on the circumstances to which it is
applied。 In very ancient times land was a drug; while capital was
extremely perishable; added to with the greatest difficulty; and
lodged in very few hands。 The proportionate importance of the two
requisites of cultivation changed very slowly; and it is only
quite recently that in some countries it has been well…nigh
reversed。 The ownership of the instruments of tillage other than
the land itself was thus; in early agricultural communities; a
power of the first order; and; as it may be believed that a stock
of the primitive capital larger than usual was very generally
obtained by plunder; we can understand that these stocks were
mostly in the hands of noble classes whose occupation was war;
and who at all events had a monopoly of the profits of office。
The advance of capital at usurious interest; and the helpless
degradation of the borrowers; were the natural results of such
economical conditions。 For the honour of the obscure and
forgotten Brehon writers of the Cain…Saerrath and the
Cain…Aigillne; let it not be forgotten that their undertaking was
essentially the same as that which went far to immortalise one
great Athenian legislator。 By their precise and detailed
statements of the proportion which is to be preserved between the
stock which the Chief supplies and the returns which the tenant
pays; they plainly intend to introduce certainty and equity into
a naturally oppressive system。 Solon; dealing with a state of
society in which coined money had probably not long taken the
place of something like the 'seds' of the Brehon law; had no
expedient open to him but the debasement of the currency and the
cancellation of debts; but he was attacking the same evil as the
Brehon lawyers; and equally interfering with that freedom of
contract which wears a very different aspect according to the
condition of the society in which it prevails。
The great part played in the Brehon law by Cattle as the
oldest form of Capital ought further to leave no doubt of the
original objects of the system of 'eric'…fines; or pecuniary
composition for violent crime。 As I said before; no Irish
institution was so strongly denounced by Englishmen as this; or
with so great a show of righteous indignation。 As members of a
wealthy community; long accustomed to a strong government; they
were revolted partly by its apparent inadequacy and partly the
unjust impunity which it seemed to give to the rich man and to
deny to the poor。 Although the English system of criminal
penalties which they sought to substitute for the Irish system of
compositions would nowadays be described by an ordinary writer in
pretty much as dark colours as those used by Spenser and Davis
for the Irish institution; it is very possible that in the
sixteenth century it would have been an advantage to Ireland to
have the English procedure and the English punishments。 There is
much evidence that the usefulness of 'eric'…fines had died out;
and that they unjustly profited the rich and powerful。 But that
only shows that the confusions of Ireland had kept alive beyond
its time an institution which in the beginning had been a great
step forwards from barbarism。 If the modern writers who have
spoken harshly of these pecuniary compositions had come upon a
set of usages belonging to a society in which tribe was
perpetually struggling with tribe; and in which life was held
extraordinarily cheap; and had found that; by this customary law;
the sept or family to which the perpetrator of a crime belonged
forfeited a considerable portion of its lauds; I am not sure that
they would not have regarded the institution as showing for the
age an extremely strict police。 But in the infancy of society a
fine on the cultivating communities; of the kind afterwards
called pecuniary; was a much severer punishment than the
forfeiture of land。 They had plenty of land within their domains;
but very slight appliances for cultivating it; and it was out of
these last that compositions were paid。 The system of course lost
its meaning as the communities broke up and as property became
unequally divided。 In its day; nevertheless; it had been a great
achievement; and there are traces of it everywhere; even in Roman
law; where; however; it is a mere survival。
Before I quit the subject let me say something on the
etymology of the famous word; Feodum; Feud; or Fief。 The
derivation from Emphyteusis is now altogether abandoned; and
there is general; though not quite universal; agreement that
Feodum is descended from one or other of the numerous family of
old Teutonic terms which have their present representative in the
modern German Vieh; 'cattle。' There is supposed to have been much
the same transmutation of meaning which occurred with the
analogous Latin word。 Pecunia; allied to pecus; signified first
money; and then property generally; the Roman lawyers; in fact;
tell us that it is the most comprehensive term for all a man's
property;' and in the same way 'feodum' is supposed to have come
to mean 'property;' from having originally meant 'cattle。' The
investigations we have been pursuing may perhaps; however;
suggest that the connection of 'feodum' with cattle is closer and
more direct than this theory assumes。 Dr Sullivan; I ought to
add; assigns a different origin to 'feodum' from any hitherto put
forward (Introd。 p。 ccxxvi)。 He claims it as a Celtic word; and
connects it with fuidhir; the name of a class of denizens on
tribal territory whose status I am about to discuss。
The territory of every Irish tribe appears to have had
settled on it; besides the Saer and Daer Ceiles; certain classes
of persons whose condition was much newer to slavery than that of
the free tribesman who; by accepting stock from the Chief; had
sunk lowest from his original position in the tribal society。
They are called by various names; Sencleithes; Bothachs; and
Fuidhirs; and the two last classes are again subdivided; like the
Ceiles; into Saer and Daer Bothachs; and Saer and Daer Fuidhirs。
There is evidence in the tracts; and especially in the
unpublished tract called the 'Corus Fine;' that the servile
dependants; like the freemen of the territory; had a family or
tribal organisation; and indeed all fragments of a society like
that of ancient Ireland take more or less the shape of the
prevailing model。 The position of the classes; obscurely
indicated in Domesday and other ancient English records as Cotwii
and Bordarii; was probably very similar to that of the
Sencleithes and Bothachs; and in both cases it has been suspected
that these servile orders had an origin distinct from that of the
dominant race; and belonged to the older or aboriginal
inhabitants of the country。 Families or sub…tribes formed out of
them were probably hewers of wood and drawers of water to the
ruling tribe or its subdivisions。 Others were certainly in a
condition of special servitude to the Chief or dependence on him;
and these last were either engaged in cultivating his immediate
domain…land and herding his cattle; or were planted by him in
separate settlements on the waste land of the tribe。 The rent or
service which they paid to him for the use of this land was
apparently determinable solely by the pleasure of the Chief。
Much the most important; and much the most interesting of
these classes from the historical point of view; was that just
described as settled by the Chief on the unappropriated tribal
lands。 Indeed; it has been suggested that its fortunes are
identical with those of the great bulk of the Ir