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Lecture VI













The Chief and the Land













    The Brehon law…tracts strongly suggest that; among the things






which we in modern times have most forgotten; is the importance






of horned cattle; not merely in the infancy of society; but at a






period when it had made some considerable advance towards






maturity It is scarcely possible to turn over a page without






finding some allusion to beeves; to bulls; cows; heifers; and






calves。 Horses appear; sheep; swine; and dogs; and bees; the






producers of the greatest of primitive luxuries; have a place






assigned to them as an article of property which has something






corresponding to it in old Roman law。 But the animals much the






most frequently mentioned are kine。 There are some few facts both






of etymology and of legal classification which point to the






former importance of oxen。 Capitale  kine reckoned by the






head…cattle  has given birth to one of the most famous terms of






law and to one of the most famous terms of political economy;






Chattels and Capital。 Pecunia was probably the word for money






which was employed by the largest part of mankind for the longest






time together。 But oxen; though they have furnished a modern






synonym for personal property; were not; I need scarcely say;






classed in the lower order of commodities in all ancient systems






of law。 The primitive Roman law placed them in the highest class;






and joined them with land and slaves as items of the Res Mancipi。






As in several other instances; the legal dignity of this






description of property among the Romans appears to answer to its






religious dignity among the Hindoos。 Kine; which the most ancient






Sanscrit literature shows to have been eaten as food; became at






some unknown period sacred; and their flesh forbidden;






and。ultimately two of the chief 'Things which required a






Mancipation' at Rome; oxen and landed property; had their






counterpart in the sacred bull of Siva and the sacred land of






India。






    The subject has possibly been obscured by an impression that






horned cattle were only of preeminent importance to mankind in






that pastoral stage of society which has been the theme of so






much not altogether profitable speculation。 The actual evidence






seems to show that their greatest value was obtained when groups






of men settled on spaces of land and betook themselves to the






cultivation of food…grains。 It is very possible that kine were at






first exclusively valued for their flesh and milk; but it is






clear that in very early times a distinct special importance






belonged to them as the instrument or medium of exchange。 In the






Homeric literature; they are certainly a measure of value; there






seems no reason to doubt the traditional story that the earliest






coined money known at Rome was stamped with the figure of an ox;






and at all events the connection between 'pecus' and 'pecunia' is






unmistakeable。 Part; but by no means all; the prominence given by






the Brehon lawyers to horned cattle wises certainly from their






usefulness in exchange。 Throughout the Brehon tracts fines; dues;






rents; and returns are calculated in live…stock; not exclusively






in kine; but nearly so。 Two standards of value are constantly






referred to; 'sed' and 'cumhal。' 'Cumhal' is said to have






originally meant a female slave; just as 'ancilla' in medieval






Latinity sometimes means the price of a slave…girl; but 'sed' is






plainly used for an amount or quantity of live stock; probably to






some small extent variable。 The next stage; however; in the






history of cattle is that at which their service to mankind is






greatest。 They are now valued chiefly; in some communities






exclusively; for their use in tillage; for their labour and their






manure。 Their place has been taken very generally in Western






Europe by horses as beasts of plough; but the change was even






there both gradual and comparatively modern; and there are still






large portions of the world where the horse is exclusively






employed; as it seems everywhere to have been at one time; for






war; for pleasure; or the chase。 Oxen were thus almost the sole






representatives of what a Political Economist would now call






Capital applied to land。 I think it probable that the economical






causes which led to the disuse of oxen as a medium of exchange






led also to the change in their legal position which we find to






have taken place at Rome and in India。 The sanctification of the






ox among the Hindoos; rendering his flesh unlawful as food; must






certainly have been connected with the desire to preserve him for






tillage; and his elevation to a place among the Res Mancipi may






well have been supposed to have the same tendency; since it made






his alienation extremely difficult; and must have greatly






embarrassed his employment in exchange。 At this point the history






of horned cattle becomes unhappily mixed up with that of large






portions of mankind。 The same causes which we perceive altering






the position of the ox and turning him into an animal partially






adscriptus glebaei undoubtedly produced also a great extension of






slavery。 The plentifulness of land; even in what are considered






old countries; down to comparatively recent times; and the






scarcity of capital even in its rudest forms; seem to me to be






placed in the clearest light by Mr Thorold Rogers's deeply






instructive volumes on Agriculture and Prices during the Middle






Ages; and much in history which has been only partially






intelligible is explained by them。 The enormous importation of






slaves into the central territories of the Roman Commonwealth;






and the wholesale degradation of the free cultivating communities






of Western Europe into assemblages of villeins; seem to be






expedients of the same nature as restrictions on the alienation






of the ox and on its consumption for food; and to have been alike






suggested by the same imperious necessity of procuring and






preserving instruments for the cultivation of land。






    The importance of horned cattle to men in a particular state






of society must; as it seems to me; be carefully borne in mind if






we are to understand one of the most remarkable parts of the






ancient Irish law which relates to the practice of 'giving






stock。' I stated before that; though I did not draw the same






inferences from the fact; I agreed with the writers who think






that the land…system of ancient Ireland was theoretically based






on the division of the tribe…lands among the free tribesmen。 But






I also said that in my opinion the true difficulty of those days






was not to obtain land but to obtain the means of cultivating it。






The want of capital; taken in its original sense; was the






necessity which pressed on the small holder of land and reduced






him occasionally to the sorest straits。 On the other hand; the






great owners of cattle were the various Chiefs; whose primitive






superiority to the other tribesmen in this respect was probably






owing to their natural functions as military leaders of the

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