第 7 节
作者:披荆斩棘      更新:2022-08-21 16:34      字数:9322
  ownership; had been violently and unnaturally replaced by a
  system of far more modern stamp based upon absolute property in
  land。 But; by the end of the sixteenth century; our evidence is
  that the Chiefs had already so much power over their tenants that
  any addition to it is scarcely conceivable。 'The Lords of land;'
  says Edmund Spenser; writing not later than 1596; 'do not there
  use to set out their land to farme; for tearme of years; to their
  tenants; but only from yeare to yeare; or during pleasure;
  neither indeed will the Irish tenant or husbandman otherwise take
  his land than so long as he list himselfe。 The reason thereof in
  the tenant is; for that the landlords there use most shamefully
  to racke their tenants; laying upon them coin and livery at
  pleasure; and exacting of them besides his covenants what he
  pleaseth。 So that the poore husbandman either dare not binde
  himselfe to him for longer tearme; or thinketh; by his continuall
  liberty of change; to keepe his landlord the rather in awe from
  wronging of him。 And the reason why the landlord will no longer
  covenant with him is; for that he dayly looketh after change and
  alteration; and hovereth in expectation of new worlds。' Sir John
  Davis; writing rather before 1613; used still stronger language:
  'The Lord is an absolute Tyrant and the Tennant a very slave and
  villain; and in one respect more miserable than Bond Slaves。 For
  commonly the Bond Slave is fed by his Lord; but here the Lord is
  fed by his Bond Slave。'
  There is very little in common bet ween the miserable
  position of the Irish tenant here described and the footing of
  even the baser sort of Ceiles; or villeins; who had taken stock
  from the Chief。 If the Brehon law is to be trusted; the Daer
  Ceile was to be commiserated; rather because he had derogated
  from his rights as a free tribesman of the same blood with the
  Chief; than because he had exposed himself to unbridled
  oppression。 Besides paying dues more of the nature of modern
  rent; he certainly stood under that unfortunate liability of
  supplying periodical refection for his Chief and his followers。
  But not only was the Mount of his dues settled by the law; but
  the very size of the joints and the quality of the ale with which
  he regaled his Chief were minutely and expressly regulated。 And;
  if one provision of the law is clearer than another; it is that
  the normal period of the relation of tenancy or vassalage was not
  one year; but seven years。 How; then; are we to explain this
  discrepancy ? Is the explanation that the Brehon theory never in
  reality quite corresponded with the facts ? It may be so to some
  extent; but the careful student of the Brehon tracts will be
  inclined to think that the general bias of their writers was
  rather towards exaggeration of the privileges of Chiefs than
  towards Overstatement of the immunities of tribesmen。 Is it; on
  the other hand; likely that; as some patriotic Irishmen have
  asserted; Spenser and Davis were under the influence of English
  prejudice; and grossly misrepresented the facts of Irish life in
  their day? Plenty of prejudice of a certain kind is disclosed by
  their writings; and I doubt not that they were capable of
  occasionally misunderstanding what they saw。 Nothing; however;
  which they have written suggests that they were likely wilfully
  to misdescribe facts open to their observation。 I can quite
  conceive that some things in the relations of the Chiefs and
  tenants escaped them; possibly a good deal of freely…given
  loyalty on one side; and of kindliness and good humoured
  joviality on the other。 But that the Irish Chief had in their day
  the power or right which they attribute to him cannot seriously
  be questioned。
  The power of the Irish Chiefs and their severity to their
  tenants in the sixteenth century being admitted; they have been
  accounted for; as I before stated; by supposing that the Norman
  nobles who became gradually clothed with Irish chieftainships
  the Fitzgeralds; the Burkes; and the Barrys  abused an
  authority which in native hands would have been subject to
  natural limitations; and thus set an evil example to all the
  Chiefs of Ireland。 The explanation has not the antecedent
  improbability which it might seem to have at first sight; but I
  am not aware that there is positive evidence to sustain it。 I owe
  a far more plausible theory of the cause of change to Dr
  Sullivan; who; in his Introduction (p。 cxxvi); has suggested that
  it was determined by the steady multiplication of Fuidhir
  tenants。 It must be recollected that this class of persons would
  not be protected by the primitive or natural institutions
  springing out of community of blood。 The Fuidhir was not a
  tribesman but an alien。 In all societies cemented together by
  kinship the position of the person who has lost or broken the
  bond of union is always extraordinarily miserable。 He has not
  only lost his natural place in them; but they have no room for
  him anywhere else。 The wretchedness of the outcast in India;
  understood as the man who has lost or been expelled from caste;
  does not arise from his having been degraded from a higher to a
  lower social standing; but from his having no standing whatever;
  there being no other order of society open to receive him when he
  has descended from his own。 It was true that the Fuidhir; though
  he had lost the manifold protection of his family and tribe; was
  not actually exposed to violent wrong。 From that he was protected
  by the new Chief to whom he had attached himself; but between him
  and this Chief there was nothing。 The principle would always be
  that he was at the mercy of the Chief。 At the utmost; some usages
  favourable to him might establish themselves through lapse of
  time; but they would have none of the obligatory force belonging
  to the rules which defined the rights of the Chief in respect of
  his Saer…stock and Daerstock tenants。 We can see that several of
  the duties corresponding to these rights were of a kind to invite
  abuse; much more certainly would obligations analogous to them;
  but wholly imposed by the pleasure of the Chief; become cruelly
  oppressive。 The 'refections' of the Brehon law would; by a
  miserable degradation; become (to borrow the language of Spenser
  and Davis) coin and livery; cuttings; cosherings; and spendings;
  in the case of the Fuidhirs。 Meanwhile there were causes at work;
  powerfully and for long periods of time; to increase the numbers
  of this class。 Even those Irishmen who believe that in the
  distant past there was once a tolerably well…ordered Ireland
  admit that for many centuries their country was racked with
  perpetual disturbance。 Danish piracies; intestine feuds;
  Anglo…Norman attempts at conquest never consistently carried out
  or thoroughly completed; the very existence of the Pale; and
  above all the policy directed from it of playing off against one
  another the Chiefs beyond its borders; are allowed by all to have
  distracted the island with civil war; how ever the responsibility
  for it is to be apportioned。 But the process is one which must
  have broken up tribes far and wide; and broken tribes imply a
  multitude of broken men。 Even in brief intervals of peace the
  violent habits produced by constant disorder would bring about
  the frequent expulsion by families of members for whom they
  refused to remain responsible; and in the commoner eventuality of
  war whole fragments would be from time to time torn away from
  tribes and their atoms scattered in every part of Ireland。 it is
  therefore; a conjecture possessing a very high degree of
  plausibility; that the tenantry of the Irish Chiefs whose
  sufferings provoked the indignation of Spenser and Davis
  consisted largely of Fuidhirs。
  The explanation may; howeve