第 3 节
作者:披荆斩棘      更新:2022-08-21 16:34      字数:9320
  grew; not only the familiar incidents of ownership; such as the
  right to rent and the liability to pay it; together with some
  other incidents less pleasantly familiar to the student of Irish
  history; but; above and besides these; newly all the well…known
  incidents of feudal tenure。 It is by taking stock that the free
  Irish tribesman becomes the Ceile or Kyle; the vassal or man of
  his Chief; owing him not only rent but service and homage。 The
  exact effects of 'commendation' are thus produced; and the
  interesting circumstance is that they are produced from a simple
  and intelligible motive。 The transaction between Chief and Vassal
  is very burdensome to the latter; but the necessity which leads
  to it is pressing; and the force of this necessity would be
  greater the more primitive the society in which it arose; and the
  more recent its settlement on its lands。 All this is especially
  instructive; because there is no reason whatever to suppose that
  Beneficiary grants and Commendation arose suddenly in the world
  at the disruption of the Roman Empire。 They were probably; in
  some form or other; deeply seated among the rudimentary usages of
  all Aryan societies。
  The new position which the tribesman assumed through
  accepting stock from a Chief varied according to the quantity of
  stock he received。 If he took much stock he sank to a much lower
  status than if he had taken little。 On this difference in the
  quantity accepted there turns the difference between the two
  great classes of Irish tenantry; the Saer and Daer tenants;
  between whose status and that of the free and higher base tenants
  of an English manor there is a resemblance not to be mistaken。
  The Saer…stock tenant; distinguished by the limited amount of
  stock which he received from the Chief; remained a freeman and
  retained his tribal rights in their integrity。 The normal period
  of his tenancy was seven years; and at the end of it he became en
  titled to the cattle which had been in his possession。 Meantime
  he had the advantage of employing them in tillage; and the Chief
  on his part received the 'growth and increase and milk;' the
  first two words implying the young and the manure。 So far there
  is nothing very remarkable in the arrangement; but it is
  expressly laid down that besides this it entitled the Chief to
  receive homage and manual labour; manual labour is explained to
  mean the service of the vassal in reaping the Chief's harvest and
  in assisting to build his castle or fort; and it is stated that;
  in lieu of manual labour; the vassal might be required to follow
  his Chief to the wars。 Any large addition to the stock deposited
  with the Saer…stock tenant; or an unusual quantity accepted in
  the first instance by the tribesman; created the relation between
  vassal and chief called Daer…stock tenancy。 The Daer…stock tenant
  had unquestionably parted with some portion of his freedom; and
  his duties are invariably referred to as very onerous。 The stock
  given to him by the Chief consisted of two portions; of which one
  was proportionate to the rank of the recipient; the other to the
  rent in kind to which the tenant became liable。 The technical
  standard of the first was the tenant's 'honor…price;' the fine or
  damage which was payable for injuring him; and which in these
  ancient systems of law varies with the dignity of the person
  injured。 The relation between the second portion of stock and the
  rent is elaborately defined in the Brehon law: 'The proportionate
  stock of a calf of the value of a sack with its accompaniments;
  and refections for three persons in the summer; and work for
  three days; is three 〃samhaisc〃 heifers or their value'
  ('Cain…Aigillne;' p。 25); or; in other words; that the Chief may
  entitle himself to the calf; the refections; and the labour; he
  must deposit three heifers with the tenant。 'The proportionate
  stock of a 〃dartadh 〃 heifer with its accompaniment; is twelve
  〃seds;〃' explained to mean twelve 'samhaisc' heifers; or six
  cows。 And so on in many places。 The rent in kind; or food…rent;
  which was thus proportioned to the stock received; unquestionably
  developed in time in to a rent payable in respect of the tenant's
  land; but it is certainly a curious and unexpected fact that the
  rent of the class which is believed to have embraced a very large
  part of the ancient Irish tenantry did not; in its earliest form;
  correspond in any way to the value of the tenant's land; but
  solely to the value of the Chief's property deposited with the
  tenant。 But the most burdensome obligation imposed on the
  Daerstock tenant is that which; in the quotation just made by me;
  is expressed by the word 'refections。' Beside the rent in kind
  and the feudal services; the Chief who had given stock was
  entitled to come; with a company of a certain number; and feast
  at the Dear stock tenant's house; at particular periods; for a
  fixed number of days。 This 'right of refection;' and liability to
  it; are among the most distinctive features of ancient Irish
  custom; and their origin is probably to be explained by the
  circumstance that the Irish Chief; though far more privileged
  than his tenants; was little better housed and almost as poorly
  furnished out; and could not have managed to consume at home the
  provisions to which his gifts of stock entitled him。 But the
  practice had a most unhappy history。 The Brehon law defines it
  and limits it narrowly on all sides; but its inconvenience and
  its tendency to degenerate into an abuse are manifest; and from
  it are doubtless descended those oppressions which revolted such
  English observers of Ireland as Spenser and Davis; the 'coin and
  livery;' and the 'cosherings' of the Irish Chiefs; which they
  denounce with such indignant emphasis。 Perhaps there was no Irish
  usage which seemed to Englishmen so amply to justify that which
  as a whole I believe to have been a great mistake and a great
  wrong; the entire judicial or legislative abolition of Irish
  customs。 The precautions by which the Brehon lawyers could fence
  it in were not probably at any time very effectual; but; as I
  before stated; they did what they could; and; moreover; as
  defined by them; the relation out of which Daer…stock tenancy and
  its peculiar obligations arose was not perpetual。 After food…rent
  and service had been rendered for seven years; if the Chief died;
  the tenant became entitled to the stock; while; on the other
  hand; if the tenant died; his heirs were partly; though not
  wholly; relieved from their obligation。 At the same time it is
  very probable that Daer…stock tenancy; which must have begun in
  the necessities of the tenant; was often from the same cause
  rendered practically permanent。
  It has frequently been conjectured that certain incidents of
  feudal tenure pointed back to some such system as the Brehon
  tracts describe to us。 The Heriot of English Copyhold tenure; the
  'best beast' taken by the Lord on the death of a base tenant; has
  been explained as an acknowledgment of the Lord's ownership of
  the cattle with which he anciently stocked the land of his
  villeins; just as the Heriot of the military tenant is believed
  to have had its origin in a deposit of arms。 Adam Smith
  recognised the great antiquity of the Metayer tenancy; still
  widely spread over the Continent; of which one variety was in his
  day found in Scotland under the name of 'steelbow。' I am not at
  all surprised that; in one of the Prefaces to the official
  translation of the Brehon laws; a comparison should be instituted
  between this tenancy and the Saer and Daer…stock tenancy of
  ancient Irish law。 The outward resemblance is considerable; and
  the history of Metayer tenancy is so obscure that I certainly
  cannot undertake to say that practices answering to those I have