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owing to their natural functions as military leaders of the






tribe。 The Brehon law suggests to me that the Chiefs too were






pressed by a difficulty of their own; that of finding sufficient






pasturage for their herds。 Doubtless their power over the






waste…lands of the particular group over which they happened to






preside was always growing; but the most fruitful portions of the






tribal territory would probably be those which the free tribesmen






occupied。 The fact that the wealth of the Chiefs in cattle was






out of proportion to their power of dealing with the tribal






lands; and the fact that the tribesmen were every now and then






severely pressed by the necessity of procuring the means of






tillage; appear to me to supply the best explanation of the






system of giving and receiving stock; to which two sub…tracts of






the Senchus Mor are devoted; the Cain…Saerrath and the






Cain…Aigillne; the Law of Saer…stock tenure and the Law of






Daer…stock tenure。






    The interest of these two compendia is very great。 In the






first place; they go far to show us how it was that the power of






the tribal Chief increased; not merely over his servile






dependants; but over the free tribesmen among whom he had been at






first only primus inter pares。 In the next; they give us; from






the authentic records of the ancient usages of one particular






society; a perfectly novel example of a proceeding by which






feudal vassalage was created。 I need scarcely dwell on the






historical importance of the various agencies by which the






relation of Lord and Vassal was first established。 It was by them






that the Western europe of the Roman despotism was changed into






the Western Europe of the feudal sovereignties。 Nothing can be






more strikingly unlike in external aspect than the states of






society which are discerned on either side of the stormy interval






filled with the movement and subsidence of the barbarian






invasions。 Just before it is reached; we see a large part of






mankind arranged; so to speak; on one vast level surface






dominated in every part by the overshadowing authority of the






Roman Emperor。 On this they lie as so many equal units; connected






together by no institutions which are not assumed to be the






creation of positive Roman law; and between them and their






sovereign there is nothing but a host of functionaries who are






his servants。 When feudal Europe has been constituted; all this






is changed。 Everybody has become the subordinate of somebody else






higher than himself and yet exalted above him by no great






distance。 If I may again employ an image used by me before;






society has taken the form of a pyramid or cone。 The great






multitude of cultivators is at its base; and then it mounts up






through ever…narrowing sections till it approaches an apex; not






always visible; but always supposed to be discoverable; in the






Emperor; or the Pope; or God Almighty。 There is strong reason to






believe that neither picture contains all the actual detail; and






that neither the theory of the Roman lawyers on one side nor the






theory of the feudal lawyers on the other accounts for or takes






notice of a number of customs and institutions which had a






practical existence in their day。 Either theory was; however;






founded upon the most striking facts of the epoch at which it was






framed。






    We know something; though not very much; of the formal






instrumentalities by which the later set of facts became so






extremely dissimilar to the earlier。 Mr Stubbs ('Constitutional






History;' i。 252) has thus summarised the most modern views on






the subject。 Feudalism 'had grown up from two great sources; the






Benefice and the practice of Commendation。 The beneficiary system






originated partly in gifts of land made by the kings out of their






own estates to their kinsmen and servants; with a special






undertaking to be faithful; partly in the surrender by landowners






of their estates to churches or powerful men; to be received back






again and held by them as tenants for rent or service。 By the






latter arrangement the weaker man obtained the protection of the






stronger; and he who felt himself insecure placed his title under






the defence of the Church。 By the practice of Commendation; on






the other hand; the inferior put himself under the personal care






of a lord; but without altering his title or divesting himself of






his right to his estate; he became a vassal and did homage。'






Commendation; in particular; went on all over Western Europe with






singular universality of operation and singular uniformity of






result; and it helped to transform the ancient structure of






Teutonic society no less than the institutions of the Roman






Provincials。 Yet there is considerable mystery about men's






motives for reporting to so onerous a proceeding; and the






statements of nearly all writers on the subject are general and






chiefly conjectural。 Perhaps the most precise assertion which we






have been hitherto able to hazard as to the reasons of so large a






part of the world for voluntarily placing themselves in a






conditIon of personal subordination is; that they must have been






connected with the system of civil and criminal responsibility






which prevailed in those times。 Families  real or






artificial…natural or formed by agreement  were responsible for






the offences and even for the civil liabilities of their members;






but corporate responsibility must have been replaced;






conveniently for all persons concerned; by the responsibility of






a single lord; who could prevent injury and pay compensation for






it; and whose testimony; in compurgation and other legal






proceedings; had a weight often assigned to it exceeding that of






several inferior persons combined。 More generally; but with at






least equal plausibility; we can lay down that the general






disorder of the world had much to do with the growth of the new






institutions; and that a little society compactly united under a






feudal lord was greatly stronger for defence or attack than any






body of kinsmen or co…villagers and than any assemblage of






voluntary confederates。 It would be absurd; however; to suppose






that we have materials for a confident opinion as to men's






motives for submitting themselves to a change which was probably






recommended to them or forced on them by very various






circumstances in different countries and in relatively different






stages of society。






    I do not wish to generalise unduly from the new information






furnished by the Brehon law; but there has long been a suspicion






(I cannot call it more) among learned men that Celtic usages






would throw some light on Commendation; and; at any rate; amid






the dearth of our materials; any addition to them from an






authentic source is of value。 Let me again state the impression I






have formed of the ancient Irish land…system; in the stage at






which it is revealed to us by the Brehon tracts。 The land of the






tribe; whether cultivated or waste; belongs to the tribe; and



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