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lect04-第4章

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rather than the Indian type of village…community。






    The 'Judgments of Co…Tenancy' is a Brehon law…tract; still






unpublished at the time at which I write; and presenting; in its






present state; considerable difficulties of interpretation。 It






puts; at the outset; the question;  'Whence does Co…Tenancy






arise?' The answer given is; 'From several heirs and from their






increasing on the land。' The tract then goes on to explain that






the land is; in the first year; to be tilled by the kinsmen just






as each pleases; that in the second year they are to exchange






lots; that in the third year the boundaries are to be fixed; and






that the whole process of severance is to be consummated in the






tenth year。 I trust it is not a presumptuous conjecture that the






order of change here indicated is more trustworthy than the time






fixed for each of its stages。 The period of ten years for the






entire transition from collective to separate property seems to






me greatly too short; and hard to reconcile with other Irish






evidence; and I suggest that the Brehon lawyer; attached to the






institution of separate property; like the rest of his class; is






depicting rather an ideal than an actual set of arrangements。 The






process; however; which is here described; if it be spread over a






much longer space of time; is really in harmony with all our






knowledge of the rise and progress of cultivating communities。






First a Joint Family; composed of 'several heirs increasing on






the land;' is found to have made a settlement。 In the earliest






stage the various households reclaim the land without set rule。






Next comes the system of exchanging lots。 Finally; the portions






of land are enjoyed in severalty。






    The references to the ancient collective ownership and






ancient collective enjoyment in the non…legal Irish literature






appear to be very rare。 But my friend Mr Whitley Stokes has






supplied me with two passages in point。 The 'Liber Hymnorum;'






attributed to the eleventh century; contains (folio 5A) the






following statement: 'Numerous were the human beings in Ireland






at that time (i。e。 the time of the sons of Aed Slane; A。D。






658…694); and such was their number that they used to get only






thrice nine ridges for each man in Ireland; to wit; nine of bog;






and nine of smooth (arable); and nine of wood。' Another Irish






manuscript; believed to date from the twelfth century; the 'Lebor






na Huidre;' Says that 'there was not ditch; nor fence; nor






stone…wall round land; till came the period of the sons of Aed






Slane; but (only) smooth fields。 Because of the abundance of the






households in their period; therefore it is that they introduced






boundaries in Ireland。 These curious statements can; of course;






only be regarded as authority for the existence; at the time when






they were penned; of a belief that a change from a system of






collective to a system of restricted enjoyment had occurred at






some period or other in Ireland; and of a tradition respecting






the date of the change。 But it is instructive to find both of






them attributing it to the growth of population; and an especial






interest attaches to the account given in the 'Liber Hymnorum' of






the newer distribution of land which was thought to have taken






the place of something older。 The periodical allotment to each






household of a definite portion of bog land; wood land; and






arable land wears a strong resemblance to the apportionment of






pasture and wood and arable land which still goes on in our day






under the communal rules of the Swiss Allmenden (see Laveleye;






'P。 et s。 F。 P。;' pp。 268 et seq。); and which is an undoubted






legacy from the ancient constitution of certain Swiss Cantons as






Teutonic Hundreds。






    Property in Land; wherever it has grown out of the gradual






dissolution of the ancient cultivating communities; has many






characteristics which distinguish it from the form of landed






property with which Englishmen and men of English race are best






acquainted。 The area within which this last form of property is






the sole or dominant kind of ownership is now much larger than it






was; through its diffusion over all North America; except Mexico;






and over all colonies settled for the first time by Englishmen;






but our nearly exclusive familiarity with it has led; I think; to






our very commonly over…estimating the extent to which it prevails






over the world; and even over Western Europe。 Its parentage may






be traced; not to the decaying authority of the Tribe over the






severalties of the tribesmen; but to the ever…increasing






authority of the Chief; first over his own domain and 'booked'






land; and secondarily over the tribe…lands。 The early growth of






the power of the Chief is thus of the utmost interest in the






history of landed property; and I propose to discuss it at some






length in the sUCceeding Lectures。 Meantime; let me say something






on the transmutations which Patriarchal Power is observed; as a






fact; to undergo in the assemblies of men held together by






kinship which are still found making a part of Aryan communities。






    The Joint Undivided Family; wherever its beginning is seen in






such communities; springs universally out of the Patriarchal






Family; a group of natural or adoptive descendants held together






by subjection to the eldest living ascendant; father;






grandfather; or great…grandfather。 Whatever be the formal






prescriptions of the law; the head of such a group is always in






practice despotic; and he is the object of a respect; if not






always of an affection; which is probably seated deeper than any






positive institution。 But in the more extensive assemblages of






kinsmen which constitute the Joint Family the eldest male of the






eldest line is never the parent of all the members; and not






necessarily the first in age among them。 To many of them he is






merely a distant relative; and he may possibly be an infant。 The






sense of patriarchal right does not die out in such groups。 Each






father or grandfather has more power than anybody else over his






wife; children; and descendants; and there is always what may be






called a belief that the blood of the collective brotherhood runs






more truly and purely in some one line than in any other。 Among






the Hindoos; the eldest male of this line; if of full mental






capacity; is gene rally placed at the head of the concerns of the






joint family; but where the institution survives in any






completeness; he is not a Paterfamilias; nor is he owner of the






family property; but merely manager of its affairs and






administrator of its possessions。 If he is not deemed fit for his






duties; a 'worthier' kinsman is substituted for him by election;






and; in fact; the longer the joint family holds together; the






more election gains ground at the expense of birth。 The head or






manager of the Sclavonic House…Communities (which; however; are






much more artificial than the Hindoo Joint Families) is






undisguisedly an elective representative; and in some of our






ex

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