第 5 节
作者:披荆斩棘      更新:2022-08-21 16:34      字数:9322
  capable of indefinite multiplication; has always of course been
  abstractedly true; but; like many other principles of Political
  Economy; its value depends on the circumstances to which it is
  applied。 In very ancient times land was a drug; while capital was
  extremely perishable; added to with the greatest difficulty; and
  lodged in very few hands。 The proportionate importance of the two
  requisites of cultivation changed very slowly; and it is only
  quite recently that in some countries it has been well…nigh
  reversed。 The ownership of the instruments of tillage other than
  the land itself was thus; in early agricultural communities; a
  power of the first order; and; as it may be believed that a stock
  of the primitive capital larger than usual was very generally
  obtained by plunder; we can understand that these stocks were
  mostly in the hands of noble classes whose occupation was war;
  and who at all events had a monopoly of the profits of office。
  The advance of capital at usurious interest; and the helpless
  degradation of the borrowers; were the natural results of such
  economical conditions。 For the honour of the obscure and
  forgotten Brehon writers of the Cain…Saerrath and the
  Cain…Aigillne; let it not be forgotten that their undertaking was
  essentially the same as that which went far to immortalise one
  great Athenian legislator。 By their precise and detailed
  statements of the proportion which is to be preserved between the
  stock which the Chief supplies and the returns which the tenant
  pays; they plainly intend to introduce certainty and equity into
  a naturally oppressive system。 Solon; dealing with a state of
  society in which coined money had probably not long taken the
  place of something like the 'seds' of the Brehon law; had no
  expedient open to him but the debasement of the currency and the
  cancellation of debts; but he was attacking the same evil as the
  Brehon lawyers; and equally interfering with that freedom of
  contract which wears a very different aspect according to the
  condition of the society in which it prevails。
  The great part played in the Brehon law by Cattle as the
  oldest form of Capital ought further to leave no doubt of the
  original objects of the system of 'eric'…fines; or pecuniary
  composition for violent crime。 As I said before; no Irish
  institution was so strongly denounced by Englishmen as this; or
  with so great a show of righteous indignation。 As members of a
  wealthy community; long accustomed to a strong government; they
  were revolted partly by its apparent inadequacy and partly the
  unjust impunity which it seemed to give to the rich man and to
  deny to the poor。 Although the English system of criminal
  penalties which they sought to substitute for the Irish system of
  compositions would nowadays be described by an ordinary writer in
  pretty much as dark colours as those used by Spenser and Davis
  for the Irish institution; it is very possible that in the
  sixteenth century it would have been an advantage to Ireland to
  have the English procedure and the English punishments。 There is
  much evidence that the usefulness of 'eric'…fines had died out;
  and that they unjustly profited the rich and powerful。 But that
  only shows that the confusions of Ireland had kept alive beyond
  its time an institution which in the beginning had been a great
  step forwards from barbarism。 If the modern writers who have
  spoken harshly of these pecuniary compositions had come upon a
  set of usages belonging to a society in which tribe was
  perpetually struggling with tribe; and in which life was held
  extraordinarily cheap; and had found that; by this customary law;
  the sept or family to which the perpetrator of a crime belonged
  forfeited a considerable portion of its lauds; I am not sure that
  they would not have regarded the institution as showing for the
  age an extremely strict police。 But in the infancy of society a
  fine on the cultivating communities; of the kind afterwards
  called pecuniary; was a much severer punishment than the
  forfeiture of land。 They had plenty of land within their domains;
  but very slight appliances for cultivating it; and it was out of
  these last that compositions were paid。 The system of course lost
  its meaning as the communities broke up and as property became
  unequally divided。 In its day; nevertheless; it had been a great
  achievement; and there are traces of it everywhere; even in Roman
  law; where; however; it is a mere survival。
  Before I quit the subject let me say something on the
  etymology of the famous word; Feodum; Feud; or Fief。 The
  derivation from Emphyteusis is now altogether abandoned; and
  there is general; though not quite universal; agreement that
  Feodum is descended from one or other of the numerous family of
  old Teutonic terms which have their present representative in the
  modern German Vieh; 'cattle。' There is supposed to have been much
  the same transmutation of meaning which occurred with the
  analogous Latin word。 Pecunia; allied to pecus; signified first
  money; and then property generally; the Roman lawyers; in fact;
  tell us that it is the most comprehensive term for all a man's
  property;' and in the same way 'feodum' is supposed to have come
  to mean 'property;' from having originally meant 'cattle。' The
  investigations we have been pursuing may perhaps; however;
  suggest that the connection of 'feodum' with cattle is closer and
  more direct than this theory assumes。 Dr Sullivan; I ought to
  add; assigns a different origin to 'feodum' from any hitherto put
  forward (Introd。 p。 ccxxvi)。 He claims it as a Celtic word; and
  connects it with fuidhir; the name of a class of denizens on
  tribal territory whose status I am about to discuss。
  The territory of every Irish tribe appears to have had
  settled on it; besides the Saer and Daer Ceiles; certain classes
  of persons whose condition was much newer to slavery than that of
  the free tribesman who; by accepting stock from the Chief; had
  sunk lowest from his original position in the tribal society。
  They are called by various names; Sencleithes; Bothachs; and
  Fuidhirs; and the two last classes are again subdivided; like the
  Ceiles; into Saer and Daer Bothachs; and Saer and Daer Fuidhirs。
  There is evidence in the tracts; and especially in the
  unpublished tract called the 'Corus Fine;' that the servile
  dependants; like the freemen of the territory; had a family or
  tribal organisation; and indeed all fragments of a society like
  that of ancient Ireland take more or less the shape of the
  prevailing model。 The position of the classes; obscurely
  indicated in Domesday and other ancient English records as Cotwii
  and Bordarii; was probably very similar to that of the
  Sencleithes and Bothachs; and in both cases it has been suspected
  that these servile orders had an origin distinct from that of the
  dominant race; and belonged to the older or aboriginal
  inhabitants of the country。 Families or sub…tribes formed out of
  them were probably hewers of wood and drawers of water to the
  ruling tribe or its subdivisions。 Others were certainly in a
  condition of special servitude to the Chief or dependence on him;
  and these last were either engaged in cultivating his immediate
  domain…land and herding his cattle; or were planted by him in
  separate settlements on the waste land of the tribe。 The rent or
  service which they paid to him for the use of this land was
  apparently determinable solely by the pleasure of the Chief。
  Much the most important; and much the most interesting of
  these classes from the historical point of view; was that just
  described as settled by the Chief on the unappropriated tribal
  lands。 Indeed; it has been suggested that its fortunes are
  identical with those of the great bulk of the Ir