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lect02-第3章

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Caesar declares the Druids to have been specially fond of






arguing。 It in one place sets forth how God made the heaven and






the earth; but the account is not the least like the Mosaic






account。 It goes off; as Caesar's Druids did; into a number of






extraordinary statements; 'de sideribus atque eorum motu'; 'de






mundi ac terrarum magnitudine'。 Among other things; it declares






that God fixed seven divisions from the firmament to the earth;






and that the distance he measured from the moon to the sun was






244 miles。 'And the first form of the firmament was ordained






thus: as the shell is about the egg; so is the firmament round






the earth in fixed suspension。。。 there are six windows in each






part through the firmament to shed light through; so that there






are sixty…six windows in it; and a glass shutter for each window;






so that the whole firmament is a might sheet of crystal and a






protecting bulwark round the earth; with three heavens; and three






heavens about it; and the seventh was arrange in three heavens。






this last; however; is not the habitation of angels; but is like






a wheel revolving round; nd the firmament is thus revolting; and






also the seven planets; since the time when they were created'。






Parts of the passage reflect the astronomical notions known to






have been current in the Middle Ages; but much of it reads like a






fragment of a heathen cosmology; to which a later revision has






given a faint Christian colouring。 The same Preface contains also






some curious speculations on the etymology of law…terms; and the






Preface to the Book of Aicill enters; among other things; into






the question of the difference between genus and species。






    I suggest; therefore; that the same tendencies which produced






among the Celts of the Continent the class called the Druids






produced among the Celts of Ireland the class known to us as the






Brehons; nor does it seem to me difficult to connect the results






of these tendencies with other known phenomena of ancient






society。 There is much reason to believe that the Tribe…Chief; or






King; whom the earliest Aryan records show us standing by the






side of the Popular Assembly; was priest and judge as well as






captain of the host。 The later Aryan history shows us this






blended authority distributing or 'differentiating' itself; and






passing either to the Assembly or to a new class of depositaries。






Among the Achaeans of Homer; the Chief has ceased to be priest;






but he is still judge; and his judicial sentences; Themiotes; or






'dooms'; however much they may be drawn in reality from






pre…exiting usage; are believed to be dictated to him from on






high。 Among the Celts both of Gaul and of Ireland he has ceased






to be priest; and also probably to be judge; although some






measure of judicial authority may still belong to his office as a






'survival'。 The order of change thus departs from that followed






in Athenian history; where the institution of kingship survived






only in the name of the King Archon; who was a judicial






functionary; and from that followed in Roman history; where the






Rex Sacrificulus was a hierophant or priest。 The Popular






Assembly; meanwhile; which virtually attracted to itself the






whole civil and criminal jurisdiction of the Kings among the






Athenians; and which at Rome engrossed the whole administration






of criminal justice through the commissions it appointed; seems






to lose all judicial authority among the Celts。 Perhaps I may be






permitted thus to describe the change I conceive to have taken






place among the Celts of Ireland。 Themis; who in Homer is the






assessor of Zeus and the source of judicial inspiration to kings;






has (so to speak) set up for herself。 Kings have delegated their






authority to a merely human assessor; and we see by the story






which begins the Senchus Mor that; even when a Saint is supposed






to be present; the inspiration of which he is the source does not






find expression through his lips; nor does it descend on the






King; it descends on the professional judge。 When we obtain our






last glimpse of the class which has received this inheritance






from Chief or King  the Brehons; Judges; or Authors of






Judgments  they have sunk to the lowest depth of misery and






degradation through the English conquest。 At an earlier date they






are seen divided into families or septs; the hereditary






law…advisers of some princely or powerful house。 Hugh McEgan; who






wrote the note 'in his own father's book' which I read in the






last Lecture; was one of the hereditary Brehons attached to the






McCarthys。 But; in the earliest Irish traditions; the functions






of the Brehon and the King run very much into one another。 The






most ancient Brehons are described as of royal blood; sometimes






as king's sons。 The Tanaists of the great Irish Chiefs; the






successors elected out of the kindred of each Chief to come after






him on his death; are said to have occasionally officiated as






judges; and one of the law…tracts; still unpublished; contains






the express rule that it is lawful for a king; though himself a






judge; to have a judge in his place。 Cormac MacAirt; one of the






traditional authors of the Book of Aicill; was a King in






retirement。 Apocryphal as his story may be; it is one of much






significance to the student of ancient institutions。 He had been






accidently blinded of one eye;and is said to have been deposed






from his regal office or chieftiancy on account of the blemish。






Coirpri; his son and successor (says the Book of Aicill); 'in






every difficult case of judgment that came to him used to go and






ask his father about it; and his father used to say to him; 〃My






son; that thou mayest know〃'  and then proceeded to lay down






the law。






    If; without committing ourselves to any specific theory






concerning the exact extent of the correspondence; we can assume






that there was substantial identity between the literary class






which produced the law…tracts and the literary order attributed






to the Celtic races by Caesar; we not only do something to






establish an historical conclusion perhaps more curious than






important; but we remove some serious difficulties in the






interpretation of the interesting and instructive body of archaic






law now before us。 The difference between the Druids and their






successors; the Brehons; would in that case be mainly this: the






Brehons would be no longer priests。 All sacerdotal or religious






authority must have passed; on the conversion of the Irish Celts;






to the 'tribes of the saints'  to the missionary monastic






societies founded at all points of the island  and to that






multitude of bishops dependent on them; whom it is so difficult






to reconcile with any of our preconceived ideas as to ancient






ecclesiastical organisation。 The consequence would be that the






religious sanctions of the ancient laws; the supernatural






penalties threatened on their violation; would disappear; except






so far as the legal rules exactly coincided with the rules of the







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