第 6 节
作者:着凉      更新:2021-02-19 19:25      字数:9322
  probable that it was occasionally; and even often true of the
  smaller group; the Sept; sub…Tribe; or Joint Family; which
  appears to me to be the legal unit of the Brehon tracts。 The
  traditions regarding the eponymous ancestor of this group were
  distinct and apparently trustworthy; and its members were of kin
  to one another in virtue of their common descent from the
  ancestor who gave his name to all。 The chief for the time being
  was; as the Anglo…Irish judges called him in the famous 'Case of
  Gavelkind;' the caput cognationis。
  Not only was the Tribe or Sept named after this eponymous
  ancestor; but the territory which it occupied also derived from
  him the name which was in commonest use。 I make this remark
  chiefly because a false inference has been drawn from an
  assertion of learned men concerning the connection between names
  of families and names of places; which properly understood is
  perfectly sound。 It has been laid down that; whenever a family
  and place have the same name; it is the place which almost
  certainly gave its name to the family。 This is no doubt true of
  feudalised countries; but it is not true of countries as yet
  unaffected by feudalism。 It is likely that such names as
  'O'Brien's Country' and 'Macleod's Country' are as old as any
  appropriation of land by man; and this is worth remembering when
  we are tempted to gauge the intelligence of an early writer by
  the absurdity of his etymologies。 'Hibernia' from an eponymous
  discoverer; 'Hyber;' sounds ridiculous enough; but the chronicler
  who gives it may have been near enough the age of tribal society
  to think that the connection between the place and the name was
  the most natural and probable he could suggest。 Even the most
  fanciful etymologies of the Greeks; such as Hellespont; from
  Helle; may have been 'survivals' from a primitive tribal system
  of naming places。 In the relation between names and places; as in
  much more important matters; feudalism has singularly added to
  the importance of land。
  Let me now state the impression which; partly from the
  examination of the translated texts; legal and non…legal; and
  partly by the aid of Dr。 Sullivan's Introduction; I have formed
  of the agrarian organisation of an Irish Tribe。 It has been long
  settled; in all probability; upon the tribal territory。 It is of
  sufficient size and importance to constitute a political unit;
  and possibly at its apex is one of the numerous chieftains whom
  the Irish records call Kings。 The primary assumption is that the
  whole of the tribal territory belongs to the whole of the tribe;
  but in fact large portions of it have been permanently
  appropriated to minor bodies of tribesmen。 A part is allotted in
  a special way to the Chief as appurtenant to his office; and
  depends from Chief to Chief according to a special rule of
  succession。 Other portions are occupied by fragments of the
  tribe; some of which are under minor chiefs or 'flaiths;' while
  others; though not strictly ruled by a chief; have somebody of a
  noble class to act as their representative。 All the
  unappropriated tribe…lands are in a more especial way the
  property of the tribe as a whole; and no portion can
  theoretically be subjected to more than a temporary occupation。
  Such occupations are; however; frequent; and among the holders of
  tribe…land; on these terms; are groups of men calling themselves
  tribesmen; but being in reality associations formed by contract;
  chiefly for the purpose of pasturing cattle。 Much of the common
  tribe…land is not occupied at all; but constitutes; to use the
  English expression; the 'waste' of the tribe。 Still this waste is
  constantly brought under tillage or permanent pasture by
  settlements of tribesmen; and upon it cultivators of servile
  status are permitted to squat; particularly towards the border。
  It is the part of the territory over which the authority of the
  Chief tends steadily to increase; and here it is that he settles
  his 'fuidhir;' or stranger…tenants; a very important class  the
  outlaws and 'broken' men from other tribes who come to him for
  protection; and who are only connected with their new tribe by
  their dependence on its chief; and through the responsibility
  which he incurs for them。
  There is probably great uniformity in the composition of the
  various groups occupying; permanently or temporary; the tribal
  territory。 Each seems to be more or less a miniature of the large
  tribe which includes them all。 Each probably contains freemen and
  slaves; or at all events men varying materially in personal
  status; yet each calls itself in some sense a family。 Each very
  possibly has its appropriated land and its waste; and conducts
  tillage and grazing on the same principles。 Each is either under
  a Chief who really represents the common ancestor of all the free
  kinsmen; or under somebody who has undertaken the
  responsibilities devolving according to primitive social idea
  upon the natural head of the kindred。 In enquiries of the class
  upon which we are engaged the important fact which I stated here
  three years ago should always be borne in mind。 When the first
  English emigrants settled in New England they distributed
  themselves in village communities; so difficult is it to strike
  out new paths of social life and new routes of social habit。 It
  is all but certain that; in such a society as that of which we
  are speaking; one single model of social organisation and social
  practice would prevail; and none but slight or insensible
  departures from it would be practicable or conceivable。
  But still the society thus formed is not altogether
  stationary。 The temporary occupation of the common tribe…land
  tends to become permanent; either through the tacit sufferance or
  the active consent of the tribesmen。 Particular families manage
  to elude the theoretically periodical re…division of the common
  patrimony of the group; others obtain allotments with its consent
  as the reward of service or the appanage of office; and there is
  a constant transfer of lands to the Church; and an intimate
  intermixture of tribal rights with ecclesiastical rights。 The
  establishment of Property in Severalty is doubtless retarded both
  by the abundance of land and by the very law under which; to
  repeat the metaphor of the Indian poetess; the tribal society has
  crystallised; since each family which has appropriated a portion
  of tribe…land tends always to expand into an extensive assemblage
  of tribesmen having equal rights。 But still there is a
  co…operation of causes always tending to result in Several
  Property; and the Brehon law shows that by the time it was put
  into shape they had largely taken effect。 As might be expected;
  the severance of land from the common territory appears to have
  been most complete in the case of Chiefs; many of whom have large
  private estates held under ordinary tenure in addition to the
  demesne specially attached to their signory。
  Such is the picture of Irish tribal organisation in relation
  to the land which I have been able to present to my own mind。 All
  such descriptions must be received with reserve: among other
  reasons; because even the evidence obtainable from the law…tracts
  is still incomplete。 But if the account is in any degree correct;
  all who have attended to this class of subjects will observe at
  once that the elements of what we are accustomed to consider the
  specially Germanic land system are present in the territorial
  arrangements of the Irish tribe。 Doubtless there are material
  distinctions。 Kinship as yet; rather than landed right; knits the
  members of the Irish groups together。 The Chief is as yet a very
  different personage from the Lord of the Manor。 And there are no
  signs as yet even of the beginnings of gre