第 6 节
作者:披荆斩棘      更新:2022-08-21 16:34      字数:9322
  lands。 Indeed; it has been suggested that its fortunes are
  identical with those of the great bulk of the Irish people。 It
  consisted of the Fuidhirs; the strangers or fugitives from other
  territories; men; in fact; who had broken the original tribal
  bond which gave them a place in the community; and who had to
  obtain another as best they might in a new tribe and a new place。
  The Brehon law shows by abundant evidence that the class must
  have been a numerous one。 The desertion of their lands by
  families or portions of families is repeatedly spoken of。 Under
  certain circumstances; indeed; the rupture of the tribal bond and
  the flight of those who break it are eventualities distinctly
  contemplated by the law。 In the Brehon law; as in other ancient
  juridical systems; the corporate responsibility of tribes;
  sub…tribes; and families takes the place of that responsibility
  for crime; and even to some extent of civil obligation; which;
  under modern institutions; presses upon the individual。 But the
  responsibility might be prevented from attaching by compelling or
  inducing a member of the group; habitually violent or vowed to
  revenge; to withdraw from its circle; and the Book of Aicill
  gives the legal procedure which is to be observed in the
  expulsion; the tribe paying certain fines to the Chief and the
  Church and proclaiming the fugitive。 Such provisions assume a
  certain order in the society to which they apply; yet we know as
  a fact that for many centuries it was violently disordered。 The
  result was probably to fill the country with 'broken men;' and
  such men could only find a home and protection by becoming
  Fuidhir tenants。 Everything; in short; which tended to disturb
  the Ireland of the Brehon laws tended to multiply this particular
  class。
  Now; the Fuidhir tenant was exclusively a dependant of the
  Chief; and waS through him alone connected with the Tribe。 The
  responsibility for crime; which in the natural state of Irish
  society attached to the Family or Tribe; attached; in the case of
  the Fuidhir; to the Chief; who in fact became to this class of
  tenants that which their original tribesmen or kindred had been。
  Moreover; the land which they cultivated in their place of refuge
  was not theirs but his。 They were the first 'tenants at will;
  known to Ireland; and there is no doubt that they were always
  theoretically rackrentable。 The 'three rents;' says the Senchus
  Mor; are the 'rackrent from a person of a strange tribe; a fair
  rent from one of the tribe; and the stipulated rent which is paid
  equally by the tribe and the strange tribe。' The 'person from a
  strange tribe' is undoubtedly the Fuidhir; and though the Irish
  expression translated 'rackrent' cannot; of course; in the
  ancient state of relation between population and land; denote an
  extreme competition rent; it certainty indicates an extreme rent;
  since in one of the glosses it is graphically compared to the
  milk of a cow which is compelled to give milk every month to the
  end of the year; At the same time there is no reason to suppose
  that; in the first instance; the Fuidhir tenants were
  oppressively treated by the Chiefs。 The Chief had a strong
  interest in encouraging them; 'he brings in Fuidhirs;' says one
  of the tracts; to increase his wealth。' The interests really
  injured were those of the Tribe; which may have become stronger
  for defence or attack by the addition to the population of the
  territory; but which certainly suffered as a body of joint
  proprietors by the curtailment of the waste land available for
  pasture。 The process before described by which the status of the
  tribesmen declined proportionately to the growth of the Chiefs'
  powers; must have been indirectly hastened in several ways by the
  introduction of Fuidhirs。 Such indications of the course of
  change as the Brehon laws furnish are curiously in harmony with a
  passage from a work recently published; which; amid much other
  valuable matter; gives a most vivid picture of agricultural life
  in the backward Indian province of Orissa。 Mr Hunter; the writer;
  is speaking of the relation of landlord and tenant; but as the
  'hereditary peasantry' referred to have; as against their
  landlord; rights defined by law; they are not without analogy to
  the tribesmen of an ancient Irish territory。 'The migratory
  husbandman;' the Fuidhir of modern India; 'not only lost his
  hereditary position in his own village; but he was an object of
  dislike and suspicion among the new community into which he
  thrust himself。 For every accession of cultivators tended to
  better the position of the landlord; and pro tanto to injure that
  of the (older) cultivators。 So long as the land on an estate
  continued to be twice as much as the hereditary peasantry could
  till; the resident husbandmen were of too much importance to be
  bullied or squeezed into discontent。 But once a large body of
  immigrant cultivators had grown up; this primitive check on the
  landlords' exactions was removed。 The migratory tenants;
  therefore; not only lost their position in their old villages;
  but they were harassed in their new settlements。 Worse than all;
  they were to a certain extent confounded with the landless low
  castes who; destitute of the local connections so keenly prized
  in rural society as the evidences of respectability; wandered
  about as hired labourers and temporary cultivators of surplus
  village lands。' (Hunter; 'Orissa;' i。 57; 58)
  You will perhaps have divined the ground of the special
  attention which has been claimed for these Fuidhir tenants; and
  will be prepared to hear that their peculiar status has been
  supposed to have a bearing on those agrarian difficulties which
  have recurred with almost mysterious frequency in the history of
  Ireland。 It is certainly a striking circumstance that in the far
  distance of Irish tradition we come upon conflicts between
  rent…paying and rent…receiving tribes  that; at the first
  moment when our information respecting Ireland becomes full and
  trustworthy; our informants dwell with indignant emphasis on the
  'racking' of tenants by the Irish Chiefs  and that the relation
  of Irish landlord and Irish tenant; after being recognised ever
  since the beginning of the century as a social difficulty of the
  first magnitude; finally became a political difficulty ; which
  was settled only the other day。 I do not say that there is not a
  thread of connection between these stages of Irish agrarian
  history; but there are two opposite errors into which we may be
  betrayed if we assume the thread to have been uniform throughout。
  In the first place; we may be tempted to antedate the influence
  of those economical laws which latterly had such powerful
  operation in Ireland until their energy was well…nigh spent
  through the consequences of the great famine of 1845…6。 An
  overflowing population and a limited area of cultivable land had
  much to do; and probably more than anything else to do; with the
  condition of Ireland during that period; but neither the one nor
  the other was a characteristic of the country at the end of the
  sixteenth century。 Next; we may perhaps be inclined; as some
  writers of great merit seem to me to be; to post…date the social
  changes which caused so large a portion of the soil of Ireland to
  be placed under the uncontrolled Law of the Market; or; to adopt
  the ordinary phraseology; which multiplied 'tenants at will' to
  an unusual extent。 Doubtless; if we had to found an opinion as to
  these causes exclusively on ancient Irish law; and on modern
  English real property law; we should perhaps come to the
  conclusion that an archaic system; barely recognising absolute
  ownership; had been violently and unnaturally replaced by a
  system of far more modern stamp based upon abso