第 2 节
作者:闪啊闪      更新:2021-05-03 16:32      字数:9322
  and usage of Ireland after it had been Christianised for
  centuries; and long after any Eponymous progenitor can be
  conceived as worshipped 。 The Family; House; and Tribe of the
  Romans  and; so far as my knowledge extends; all the analogous
  divisions of Greek communities  were distinguished by separate
  special names。 But in the Brehon Law; the same word; Fine (or
  'family'); is used for the Family as we ordinarily understand it
  that is; for the children of a living parent and their
  descendants  for the Sept or; in phrase of Indian law; the
  Joint Undivided Family; that is; the combined descendants of an
  ancestor long since dead  for the Tribe; which was the
  political unit of ancient Ireland; and even for the large Tribes
  in which the smaller units were sometimes absorbed。 Nevertheless
  the Irish Family undoubtedly received additions through Adoption。
  The Sept; or larger group of kindred; had a definite place for
  strangers admitted to it on stated conditions; the Fine Taccair。
  The Tribe avowedly included a number of persons; mostly refugees
  from other Tribes; whose only connection with it was common
  allegiance to its Chief。 Moreover the Tribe in its largest
  extension and considered a political as well as a social unit
  might have been absorbed with others in a Great or Arch Tribe;
  and here the sole source of the kinship still theoretically
  maintained is Conquest。 Yet all these groups were in some sense
  or other Families。
  Nor does the artificiality solely consist in the extension of
  the sphere of kinship to classes known to have been originally
  alien to the true brotherhood。 An even more interesting example
  of it presents itself when the ideas of kinship and the
  phraseology proper to consanguinity are extended to associations
  which we should now contemplate as exclusively founded on
  contract; such as partnerships and guilds。 There are no more
  interesting pages in Dr Sullivan's Introduction (pp。 ccvi et
  seq。) than those in which he discusses the tribal origin of
  Guilds。 He claims for the word itself a Celtic etymology; and he
  traces the institution to the grazing partnerships common among
  the ancient Irish。 However this may be; it is most instructive to
  find the same words used to describe bodies of co…partners;
  formed by contract; and bodies of co…heirs or co…parceners formed
  by common descent。 Each assemblage of men seems to have been
  conceived as a Family。 As regards Guilds; I certainly think; as I
  thought three years ago; that they have been much too confidently
  attributed to a relatively modern origin; and that many of them;
  and much which is common to all of them; may be suspected to have
  grown out of the primitive brotherhoods of co…villagers and
  kinsmen。 The trading guilds which survive in our own country have
  undergone every sort of transmutation which can disguise their
  parentage。 They are artificial to begin with; though the
  hereditary principle has a certain tendency to assert itself。
  They have long since relinquished the occupations which gave them
  a name。 They mostly trace their privileges and constitution to
  some royal charter; and kingly grants; real or fictitious; are
  the great cause of interruption in English History。 Yet anybody
  who; with a knowledge of primitive law and history; examines the
  internal mechanism and proceedings of a London Company will see
  in many parts of them plain traces of the ancient brotherhood of
  kinsmen; 'joint in food; worship; and estate;' and I suppose that
  the nearest approach to an ancient tribal holding in Ireland is
  to be found in those confiscated lands which are now the property
  of several of these Companies。
  The early history of Contract; I need scarcely tell you; is
  almost exclusively to be sought in the history of Roman law。 Some
  years ago I pointed to the entanglement which primitive Roman
  institutions disclose between the conveyance of property and the
  contract of sale。 Let me now observe that one or two others of
  the great Roman contracts appear to me; when closely examined; to
  afford evidence of their having been gradually evolved through
  changes in the mechanism of primitive society。 You have seen how
  brotherhoods of kinsmen transform themselves into alliances
  between persons whom we can only call partners; but still at
  first sight the link is missing which would enable us to say that
  here we have the beginning of the contract of partnership。 Look;
  however; at the peculiar contract called by the Romans 'societas
  omnium (or universorum) bonorum。' It is commonly translated
  'partnership with unlimited liability;' and there is no doubt
  that the elder form of partnership has had great effect on the
  newer form。 But you will find that; in the societas omnium
  bonorum; not only were all the liabilities of the partnership the
  liabilities of the several partners; but the whole of the
  property of each partner was brought into the common stock and
  was enjoyed as a common fund。 No such arrangement as this is
  known in the modern world as the result of ordinary agreement;
  though in some countries it may be the effect of marriage。 It
  appears to me that we are carried back to the joint brotherhoods
  of primitive society; and that their development must have given
  rise to the contract before us。 Let us turn again to the contract
  of Mandatum or Agency。 The only complete representation of one
  man by another which the Roman law allowed was the representation
  of the Paterfamilias by the son or slave under his power。 The
  representation of the Principal by the Agent is much more
  incomplete; and it seems to me probable that we have in it a
  shadow of that thorough coalescence between two individuals which
  was only possible anciently when they belonged to the same
  family。
  The institutions which I have taken as my examples are
  institutions of indigenous growth; developed probably more or
  less within all ancient societies by the expansion of the notion
  of kinship。 But it sometimes happens that a wholly foreign
  institution is introduced from without into a society based upon
  assumed consanguinity; and then it is most instructive to observe
  how closely; in such a case; material which antecedently we
  should think likely to oppose the most stubborn resistance to the
  infiltration of tribal ideas assimilates itself nevertheless to
  the model of a Family or Tribe。 You may be aware that the ancient
  Irish Church has long been a puzzle to ecclesiastical historians。
  There are difficulties suggested by it on which I do not pretend
  to throw any new light; nor; indeed; could they conveniently be
  considered here。 Among perplexities of this class are the
  extraordinary multiplication of bishops and their dependence;
  apparently an almost servile dependence; on the religious houses
  to which they were attached。 But the relation of the various
  ecclesiastical bodies to one another was undoubtedly of the
  nature of tribal relation。 The Brehon law seems to me fully to
  confirm the account of the matter given; from the purely
  ecclesiastical literature; by Dr Todd; in the Introduction to his
  Life of St Patrick。 One of the great Irish or Scotic
  Missionaries; who afterwards nearly invariably reappears as a
  Saint; obtains a grant of lands from some chieftain or tribe in
  Ireland or Celtic Britain; and founds a monastery there; or it
  may be that the founder of the religious house is already himself
  the chieftain of a tribe。 The House becomes the parent of others;
  which again may in their turn throw out minor religious
  establishments; at once monastic and missionary。 The words
  signifying 'family' or 'tribe' and 'kinship' are applied to all
  the religious bodies created by this process。 Each monastic
  house; with its monks and bishops; constitutes a 'family' or
  'tribe;' and its secular or servile dependants appear to be
  sometimes included under the name。 The same appellation is given
  to the collective assemblage of religious houses formed by the
  parent monastery and the various churches or monastic bodies
  sprung from it。 These make up together the 'tribe of the saint;'
  but this last expression is not exclusively employed with this
  particular meaning。 The abbot of the parent house and all the
  abbots of the minor houses are the 'comharbas' or co…heirs of the
  saint; and in yet another sense the 'family' or 'tribe' of the
  saint means his actual tribesmen or blood…relatives。 Iona; or Hy;
  was; as you know; the famous religious house founded by St
  Columba near the coast of the newer Scotia。 'The Abbot of Hy';
  says Dr Todd; 'or Co…arb of Columba; was the common head of
  Durrow; Kells; Swords; Drumcliff; and other houses in Ireland
  founded by Columba; as well as of t