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advantage。
Such commencements of nobility as that to which I have just
referred； appear； however； to have been exceptional in the
Western world； and other causes must be assigned for that great
transformation of the Village…Community which has been carried
out everywhere in England； a little less completely in Germany；
much less in Russia and in all Eastern Europe。 I have attempted
in another work （'Village…Communities in the East and West；' pp。
131 et seq。） to give an abridged account of all that is known or
has been conjectured on the subject of that 'Feudalisation of
Europe' which has had the effect of converting the Mark into the
Manor； the Village…Community into the Fief； and I shall presently
say much on the new light which the ancient laws of Ireland have
thrown on the early stages of the process。 At present I will only
observe that； when completed； its effect was to make the Land the
exclusive bond of union between men。 The Manor or Fief was a
social group wholly based upon the possession of land； and the
vast body of feudal rules which clustered round this central fact
are coloured by it throughout。 That the Land is the foundation of
the feudal system has； of course； been long and fully recognised；
but I doubt whether the place of the fact in history has been
sufficiently understood。 It marks a phase in a course of change
continued through long ages and in spheres much larger than that
of landed property。 At this point the notion of common kinship
has been entirely lost。 The link between Lord and Vassal produced
by Commendation is of quite a different kind from that produced
by Consanguinity。 When the relation which it created had lasted
some time； there would have been no deadlier insult to the lord
than to attribute to him a common origin with the great bulk of
his tenants。 Language still retains a tinge of the hatred and
contempt with which the higher members of the feudal groups
regarded the lower； and the words of abuse traceable to this
aversion are almost as strong as those traceable to differences
of religious belief。 There is； in fact； little to choose between
villain； churl； miscreant； and boor。
The break…up of the feudal group； far advanced in most
European countries； and complete in France and England； has
brought us to the state of society in which we live。 To write its
course and causes would be to re…write most of modern history；
economical as well as political。 It is not； however； difficult to
see that without the ruin of the smaller social groups； and the
decay of the authority which； whether popularly or autocratically
governed； they possessed over the men composing them； we should
never have had several great conceptions which lie at the base of
our stock of thought。 Without this collapse； we should never have
had the conception of land as an exchangeable commodity；
differing only from others in the limitation of the supply； and
hence； without it； some famous chapters of the science of
Political economy would not have been written。 Without it； we
should not have had the great increase in modern times of the
authority of the State…one of many names for the more extensive
community held together by common country。 Consequently； we
should not have had those theories which are the foundation of
the most recent systems of jurisprudence the theory of
Sovereignty； or （in other words） of a portion in each community
possessing unlimited coercive force over the rest and the
theory of Law as exclusively the command of a sovereign One or
Number。 We should； again； not have had the fact which answers to
these theories the ever…increasing activity of Legislatures；
and； in all probability； that famous test of the value of
legislation； which its author turned into a test of the soundness
of morals； would never have been devised the greatest
happiness of the greatest number。
In saying that the now abundant phenomena of primitive
ownership open to our observation strongly suggest that the
earliest cultivating groups were formed of kinsmen； that these
gradually became bodies of men held together by the land which
they cultivated； and that Property in Land （as we now understand
it） grew out of the dissolution of these latter assemblages； I
would not for a moment be understood to assert that this series
of changes can be divided into stages abruptly separated from one
another。 The utmost that can be affirmed is that certain periods
in this history are distinguished by the predominance； though not
the exclusive existence； of ideas proper to them。 Here； as
elsewhere； the world is full of 'survivals；' and the view of
society as held together by kinship still survives when it is
beginning to be held together by land。 Similarly； the feudal
conception of social relations still exercises。 powerful
influence when land has become a merchantable commodity。 There is
no country in which the theory of land as a form of property like
any other has been more unreservedly accepted than our own。 Yet
English lawyers live in faece feodorum。 Our law is saturated with
feudal principles； and our customs and opinions are largely
shaped by them。 Indeed； within the last few years we have even
discovered that vestiges of the village…community have not been
wholly effaced from our law； our usages； and our methods of
tillage。
The caution that the sequence of these stages does not imply
abrupt transition from any one to the next seems to me especially
needed by the student of the Ancient Laws of Ireland。 Dr
Sullivan； of whose Introduction to the lately published lectures
of O'Curry I have already spoken； dwells with great emphasis on
the existence of private property among the ancient Irish； and on
the jealousy with which it was guarded。 But though it is very
natural that a learned Irishman； stung by the levity which has
denied to his ancestors all civilised institutions； should attach
great importance to the indications of private ownership in the
Brehon law； I must say that they do n