第 4 节
作者:披荆斩棘      更新:2022-08-21 16:34      字数:9322
  the history of Metayer tenancy is so obscure that I certainly
  cannot undertake to say that practices answering to those I have
  described had not in some countries something to do with its
  primitive form。 But the distinctions between the ancient and the
  modern tenancies are more important than the analogies。 In
  Metayer tenancy a landlord supplies the land and stock; a tenant
  the labour only and the skill; but in Saer and Daer…stock tenancy
  the land belonged to the tenant。 Again; the effect of the ancient
  Irish relation was to produce; not merely a contractual
  liability; but a status。 The tenant had his social and tribal
  position distinctly altered by accepting stock。 Further; the
  acceptance of stock was not always voluntary。 A tribesman; in one
  stage of Irish custom at all events; was bound to receive stock
  from his own 'King;' or; in other words; from the Chief of his
  tribe in its largest extension; and everywhere the Brehon laws
  seem to me to speak of the acceptance of stock as a hard
  necessity。 Lastly; the Tribe to which the intending tenant
  belonged had in some cases a Veto on his adoption of the new
  position; which was clearly regarded as a proceeding invasive of
  tribal rights and calculated to enfeeble them。 In order to give
  the Tribe the opportunity of interposing whenever it had legal
  power to do so; the acceptance of stock had to be open and
  public; and the consequences of effecting it surreptitiously are
  elaborately set forth by the law。 It seems to me clear that it
  was discouraged by the current popular morality。 One of those
  rules; frequent in ancient bodies of law; which are rather moral
  precepts than juridical provisions; declares that 'no man should
  leave a rent on his land which he did not find there。'
  The system which I have been describing must have contributed
  powerfully to dissolve the more ancient tribal and family
  organisation。 If the Chief who gave and the Ceile who accepted
  stock belonged to the same Tribe; the effect of the transaction
  was to create a relation between them; not indeed altogether
  unlike that of tribal connection; but still materially different
  from it in many respects and much more to the advantage of the
  chieftain。 But the superior from whom a man took stock was not
  always the Chief of his own Sept or Tribe。 So far as the Brehon
  law can be said to show any favour to the new system of
  vassalage; it encourages it between natural chief and natural
  tribesman; and; on the other hand; it puts difficulties in its
  way when there is an attempt to establish it between a tribesman
  and a strange Chief。 But there seem to be abundant admissions
  that freemen did occasionally commend themselves in this way to
  superiors other than their Chiefs。 avery nobleman; as I said
  before; is assumed to be as a rule rich in cattle; and it appears
  to have been an object with everyone to disperse his herds by the
  practice of giving stock。 The enriched peasant who was on his way
  to be ennobled; the Bo…Aire; seems to have had Ceiles who
  accepted stock from him; as well as had the nobles higher in
  degree。 Accordingly; the new groups formed of the Lord and his
  Vassals  if we may somewhat antedate these last words  were
  sometimes wholly distinct from the old groups composed of the
  Chief and his Clan。 Nor; again; was the new relation confined to
  Aires; or noblemen; and Ceiles; or free but non…noble tribesmen。
  The Bo…Aire certainly; and apparently the higher Chiefs also;
  accepted stock on occasion from chieftains more exalted than
  themselves; and in the end to 'give stock' came to mean the same
  thing as to assert feudal superiority; and to 'accept stock' the
  same thing; which in the language of other societies was called
  'commendation。' It is strong evidence of the soundness of the
  conclusions reached of late years by historical scholars (and;
  among others; by Mr Bryce); as to the deep and wide influence
  exercised by the Roman Empire; even in its later form; that (of
  course by a fiction) the Brehon law represents the King of
  Ireland as 'accepting stock' from the Emperor。 'When the King of
  Erin is without opposition'  that is; as the explanation runs;
  when he holds the ports of Dublin; Waterford; and Limerick; which
  were usually in the hands of the Danes  'he receives stock from
  the King of the Romans' (S。 M。; ii。 225)。 The commentary goes on
  to say that sometimes' it is by the successor of Patrick that the
  stock is given to the King of Erin; 'and this remarkable passage
  seems to show that an Irish writer spoke of the successor of St
  Patrick; where a writer of the same approximate period in England
  or on the European Continent would assuredly have spoken of the
  Pope。
  I hope it is unnecessary for me to insist on the interest
  which attaches to this part of the Brehon law; it has been not
  uncommon; upon the evidence furnished by the usages of the
  Scottish Highlanders; sharply to contrast Celtic tribal customs
  with feudal rules; and doubtless between these customs and
  feudalism in its perfected state there are differences of the
  greatest importance。 Yet; if the testimony of the Brehon tracts
  may be trusted; such differences arose; not from essential
  distinctions; but; in some measure at all events; from
  distinctions of degree in comparative social development。 The
  germs of feudalism lay deep in the more ancient social forms; and
  were ready to assert their vitality even in a country like
  Ireland; which; after it was once Christianised; can have
  borrowed next to no institutions from its neighbours; cut off as
  it was from the Continent by distance; and from England by
  stubborn national repulsion。 It is also worthy of observation
  that this natural growth of feudalism was not; as some eminent
  recent writers have supposed; entirely distinct from the process
  by which the authority of the Chief or Lord over the Tribe or
  Village was extended; but rather formed part of it。 While the
  unappropriated waste…lands were falling into his domain; the
  villagers or tribesmen were coming through natural agencies under
  his personal power。
  The Irish practice of 'giving stock' seems to me also to
  connect itself with another set of phenomena which have generally
  been thought to belong to a very different stage of history。 We
  obtain from the law…tracts a picture of an aristocracy of wealth
  in its most primitive form; and we see that the possession of
  this wealth gave the nobles an immense power over the non…noble
  freemen who had nothing but their land。 Caesar seems to me to be
  clearly referring to the same state of relations in the Celtic
  sister society; when he speaks of the Gaulish chiefs; the
  Equites; having one principal source of their influence in the
  number of their debtors。 (B。 G。; i。 4; B。 G。; vi。 13。) Now; you
  will remember how uniformly; when our knowledge of the ancient
  world commences; we find plebeian classes deeply indebted to
  aristocratic orders。 At the beginning of Athenian history we find
  the Athenian commonalty the bondslaves through debt of the
  Eupatrids; at the beginning of Roman history we find the Roman
  Commons in money bondage to the Patricians。 The fact has been
  accounted for in many ways; and it has been plausibly suggested
  that it was the occurrence of repeated bad seasons which placed
  the small farmers of the Attic and Roman territory at the mercy
  of wealthy nobles。 But the explanation is imperfect unless we
  keep in mind the chief lesson of these Brehon tracts; and
  recollect that the relative importance of Land and Capital has
  been altering throughout history。 The general proposition that
  Land is limited in quantity and is distinguished by this
  limitation from all other commodities which are practically
  capable of indefinite multiplic