lect08-第4章
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which it produced moved the scorn; the wrath; and the
astonishment of several generations of English observers;
deriving their ideas from a social order now become very unlike
that of Ireland。 But by the side of Gossipred; or Spiritual
Relationship; there stood another much more primitive
institution; which was extraordinarily developed among the
ancient Irish; though not at all peculiar to them。 This was
Fosterage; the giving and taking of children for nurture。 Of the
reasons why this practice; now known to have been widely diffused
among Aryan communities; should have had an exceptional
importance and popularity in ireland; we can say little more than
that they probably belong to the accidents of Irish history and
of Irish social life。 But of the fact there is no doubt。 An
entire sub…tract in the Senchus Mor is devoted to the Law of
Fosterage; and sets out with the greatest minuteness the rights
and duties attaching to all parties when the children of another
family were received for nurture and education。 It is classed;
with Gossipred; as one of the anomalies or curses of Ireland by
all her English critics; from Giraldus Cambrensis in the twelfth
century to Spenser in the sixteenth。 It seemed to them monstrous
that the same mother's milk should produce in Ireland the same
close affections as did common paternity in their own country。
The true explanation was one which is only now dawning On us。 It
was; that Fosterage was an institution which; though artificial
in its commencements; was natural in its operations; and that the
relation of foster…parent and foster…child tended; in that stage
of feeling; to become indistinguishable from the relation of
father and son。
The form of Fosterage which has most interest for the modern
enquirer is called by the Translators of the Brehon tracts
Literary Fosterage。 It was an institution nearly connected with
the existence of the Brehon Law Schools; and it consists of the
various relations established between the Brehon teacher and the
pupils he received into his house for instruction in the Brehon
lore。 However it may surprise us that the connection between
Schoolmaster and Pupil was regarded as peculiarly sacred by the
ancient Irish; and as closely resembling natural fatherhood; the
Brehon tracts leave no room for doubt on the point。 It is
expressly laid down that it created the same Patria Potestas as
actual paternity; and the literary fosterfather; though he
teaches gratuitously; has a claim through life upon portions of
the property of the literary foster…son。 Thus the Brehon with his
pupils constituted not a school in our sense but a true family。
While the ordinary foster…father was bound by the law to give
education of some kind to his foster…children to the sons of
chiefs instructions in riding; shooting with the bow; swimming;
and chess…playing; and instruction to their daughters in sewing;
cutting out; and embroidery the Brehon trained his foster…sons
in learning of the highest dignity; the lore of the chief
literary profession。 He took payment; but it was the law which
settled it for him。 It was part of his status; and not the result
of a bargain。
There are some faint traces of Fosterage in the Hindoo law;
but substantially it has dropped out of the system。 The vestiges
of Literary Fosterage are; however; tolerably abundant and very
plain。 According to the general custom of India; the Brahmin
teacher of Brahmin pupils receives no payment for his services;
but the Hindoo law repeatedly reserves to him a remote succession
to their property。 In each of four Brahminical law…tracts of
great authority; the Vyavahara Mayukha; the Daya…Bhaga; the
Mitakshara; and the Daya…Krama…Sangraha; the same ancient text is
quoted (sometimes but not always attributed to Manu); which is to
the effect that 'If there be no male issue the nearest kinsman
inherits; or in default of kindred; the preceptor; or failing him
the disciple。' One commentator explains that the preceptor is the
instructor in the Vedas; and another describes him as the person
who affords religious instruction to his pupil after investing
him with the Brahminical thread。 These writers add that if
neither teacher nor pupil have survived the deceased his
fellow…student will succeed。 Modern cases turning on these
peculiar rules of succession may be found in the Anglo…Indian Law
Reports。
We are thus brought face to face with a problem which
possesses interest in proportion to its difficulty the problem
of the origin of Castes。 I cannot profess to do more than
approach it; but the opportunity of throwing even the least light
on a subject so dark ought not to be neglected。 First let me say
that; among the comparatively few English writers who have
noticed the Brehon lawyers; some have loosely described them as a
caste。 But this is an improper use of the word; though it is one
not uncommon in India。 As regards the position of the Brehons in
very early times; the evidence of the Irish records is consistent
with the testimony of Caesar as to the literary class of the
Gallic Celts; and seems to show that anyone who went through a
particular training might become a Brehon。 When; however; Ireland
began to be examined by English observers; it is plain that the
art and knowledge of the Brehon had become hereditary in certain
families who were attached to or dependent on the Chiefs of
particular tribes。 There is nothing remarkable in this change;
which has obviously occurred with a vast number of trades and
professions in India; now popularly called castes。 In societies
of an archaic type; a particular craft or kind of knowledge
becomes in time an hereditary profession of families; almost as a
matter of course。 The difficulty with a native of India;
unsophisticated by English ideas; is not to find a reason why a
son should succeed to the learning of his father; and
consequently to his office and duties; his difficulty would
rather be to explain to himself why it should not be so; and how
the public interests could be consulted by any other arrangement。
The States governed by native Indian Princes are becoming a good
deal Anglicised; but still in them it is the practically
universal rule that office is hereditary。 We do not; however;
thus arrive at a complete account of the growth of those castes
which are definite sections of great populations one only of
these castes really survives in India; that of the Brahmins; and
it is strongly suspected that the whole literary theory of Caste;
which is of Brahmin origin; is based on the existence of the
Brahmin caste atone。 Now; the tendency of knowledge to become
hereditary is; by itself; consistent with a great variety of
religious and literary cultivation; but; as a fact; the Brahmins
of India are a remarkably homogeneous class; admitting (though no
doubt with considerable local qualifications) a general
brotherhood of all members of the order。
While; then; I cannot say that our scanty information
respecting changes in the status of the Brehon lawyers helps us
much towards a comprehension of the beginnings of Caste in the
true sense; I certainly think that we learn something more than
we knew before from the references in the Brehon tracts to
Literary Fosterage。 They appear to me to give a new emphasis and
point to the rules of Hindoo Law respecting the remote succession
of the 'spiritual preceptor' to the property of families。 It
seems as if in the most ancient state of both systems Literary or
Religious fatherhood had been closely assimilated to actual
fatherhood。 Under these circumstances; if great schools of Vedaic
learning existed in India in very ancient times; as we have