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第8章

lect06-第8章

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Ceile was to be commiserated; rather because he had derogated






from his rights as a free tribesman of the same blood with the






Chief; than because he had exposed himself to unbridled






oppression。 Besides paying dues more of the nature of modern






rent; he certainly stood under that unfortunate liability of






supplying periodical refection for his Chief and his followers。






But not only was the Mount of his dues settled by the law; but






the very size of the joints and the quality of the ale with which






he regaled his Chief were minutely and expressly regulated。 And;






if one provision of the law is clearer than another; it is that






the normal period of the relation of tenancy or vassalage was not






one year; but seven years。 How; then; are we to explain this






discrepancy ? Is the explanation that the Brehon theory never in






reality quite corresponded with the facts ? It may be so to some






extent; but the careful student of the Brehon tracts will be






inclined to think that the general bias of their writers was






rather towards exaggeration of the privileges of Chiefs than






towards Overstatement of the immunities of tribesmen。 Is it; on






the other hand; likely that; as some patriotic Irishmen have






asserted; Spenser and Davis were under the influence of English






prejudice; and grossly misrepresented the facts of Irish life in






their day? Plenty of prejudice of a certain kind is disclosed by






their writings; and I doubt not that they were capable of






occasionally misunderstanding what they saw。 Nothing; however;






which they have written suggests that they were likely wilfully






to misdescribe facts open to their observation。 I can quite






conceive that some things in the relations of the Chiefs and






tenants escaped them; possibly a good deal of freely…given






loyalty on one side; and of kindliness and good humoured






joviality on the other。 But that the Irish Chief had in their day






the power or right which they attribute to him cannot seriously






be questioned。






    The power of the Irish Chiefs and their severity to their






tenants in the sixteenth century being admitted; they have been






accounted for; as I before stated; by supposing that the Norman






nobles who became gradually clothed with Irish chieftainships 






the Fitzgeralds; the Burkes; and the Barrys  abused an






authority which in native hands would have been subject to






natural limitations; and thus set an evil example to all the






Chiefs of Ireland。 The explanation has not the antecedent






improbability which it might seem to have at first sight; but I






am not aware that there is positive evidence to sustain it。 I owe






a far more plausible theory of the cause of change to Dr






Sullivan; who; in his Introduction (p。 cxxvi); has suggested that






it was determined by the steady multiplication of Fuidhir






tenants。 It must be recollected that this class of persons would






not be protected by the primitive or natural institutions






springing out of community of blood。 The Fuidhir was not a






tribesman but an alien。 In all societies cemented together by






kinship the position of the person who has lost or broken the






bond of union is always extraordinarily miserable。 He has not






only lost his natural place in them; but they have no room for






him anywhere else。 The wretchedness of the outcast in India;






understood as the man who has lost or been expelled from caste;






does not arise from his having been degraded from a higher to a






lower social standing; but from his having no standing whatever;






there being no other order of society open to receive him when he






has descended from his own。 It was true that the Fuidhir; though






he had lost the manifold protection of his family and tribe; was






not actually exposed to violent wrong。 From that he was protected






by the new Chief to whom he had attached himself; but between him






and this Chief there was nothing。 The principle would always be






that he was at the mercy of the Chief。 At the utmost; some usages






favourable to him might establish themselves through lapse of






time; but they would have none of the obligatory force belonging






to the rules which defined the rights of the Chief in respect of






his Saer…stock and Daerstock tenants。 We can see that several of






the duties corresponding to these rights were of a kind to invite






abuse; much more certainly would obligations analogous to them;






but wholly imposed by the pleasure of the Chief; become cruelly






oppressive。 The 'refections' of the Brehon law would; by a






miserable degradation; become (to borrow the language of Spenser






and Davis) coin and livery; cuttings; cosherings; and spendings;






in the case of the Fuidhirs。 Meanwhile there were causes at work;






powerfully and for long periods of time; to increase the numbers






of this class。 Even those Irishmen who believe that in the






distant past there was once a tolerably well…ordered Ireland






admit that for many centuries their country was racked with






perpetual disturbance。 Danish piracies; intestine feuds;






Anglo…Norman attempts at conquest never consistently carried out






or thoroughly completed; the very existence of the Pale; and






above all the policy directed from it of playing off against one






another the Chiefs beyond its borders; are allowed by all to have






distracted the island with civil war; how ever the responsibility






for it is to be apportioned。 But the process is one which must






have broken up tribes far and wide; and broken tribes imply a






multitude of broken men。 Even in brief intervals of peace the






violent habits produced by constant disorder would bring about






the frequent expulsion by families of members for whom they






refused to remain responsible; and in the commoner eventuality of






war whole fragments would be from time to time torn away from






tribes and their atoms scattered in every part of Ireland。 it is






therefore; a conjecture possessing a very high degree of






plausibility; that the tenantry of the Irish Chiefs whose






sufferings provoked the indignation of Spenser and Davis






consisted largely of Fuidhirs。






    The explanation may; however; be carried beyond this point。






You will bear in mind the passage quoted by me from Hunter's






'Orissa;' which shows how a tenantry enjoying hereditary rights






is injured; even under a Government which sternly compels peace






and order; by a large immigration of cultivators dependent on the






landlord or Zemnindar。 They narrow the available waste land by






their appropriations; and; though they do not compete directly






for the anciently cultivated land with the tenants enjoying






hereditary rights; they greatly raise in the long run the






standard of rent; at the same time that they arm the landlord






with those powers of exacting it which in ancient Ireland






consisted in the strong hand of the Chief himself; and which






consist; in modern India; in the money which puts in motion the






arm of the law。 I have no doubt whatever that a great






multiplication of Fuidhir tenants would always seriously alt

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