按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
of science are divisible （i。e。； they are brought into hotchpot
upon partition of an undivided estate）； when such science has
been imparted at the family expense and acquired while receiving
a family maintenance。 It is otherwise when the science has been
imparted at the expense of persons not members of the learner's
family。' The very counterparts of the Indian rule and of the
Indian exception are found in the ancient Irish law。 'If （the
tribesman） be a professional man…that is； if the property be
acquired by judicature or poetry； or any profession whatsoever
he is capable of giving two…thirds of it to the Church。。。 but； if
it was the lawful profession of his tribe； he shall not give of
the emolument of his profession but just as he could give of the
land of his tribe。' （Corus Bescna； 'Ancient Laws of Ireland；'
iii。 5。） It will be seen from the instances which I have given
that the rules of the Irish Brehon law regulating the power of
individual tribesmen to alienate their separate property answer
to the rules of Indian Brahminical law which regulate the power
of individual members of a joint family to enjoy separate
property。 The difference is material。 The Hindoo law assumes that
collective enjoyment by the whole brotherhood is the rule； and it
treats the enjoyment of separate property by individual brethren
as an exception an exception； I may add； round which an
enormous mass of law has now clustered。 On the other hand； the
Brehon law； so far as it can be understood； seems to me
reconcileable with no other assumption than that individual
proprietary rights have grown up and attained some stability
within the circle of the tribe。 The exercise of these rights is
at the same time limited by the controlling powers of the
collective brotherhood of tribesmen； and to these last； as to the
Agnatic Kindred at Rome； some ultimate right of succession
appears to be reserved。 Hence the Irish legal unit is not
precisely a Joint Family； if the Brehon law is to be trusted； it
has considerably less of the 'natural communism' which
characterises the Indian institution。 The 'Fine' of the tracts is
constantly spoken of in connection with landed property； and；
whenever it is so connected； I imagine it to have undergone some
of the changes which are constantly brought about by contact with
the land； and I figure it to myself in that case as a Mark or
Village…Community； in which the ideas proper to the older group
out of which it grew； the Joint Family； have survived in
exceptional strength It in this respect approaches the Russian
rather than the Indian type of village…community。
The 'Judgments of Co…Tenancy' is a Brehon law…tract； still
unpublished at the time at which I write； and presenting； in its
present state； considerable difficulties of interpretation。 It
puts； at the outset； the question； 'Whence does Co…Tenancy
arise？' The answer given is； 'From several heirs and from their
increasing on the land。' The tract then goes on to explain that
the land is； in the first year； to be tilled by the kinsmen just
as each pleases； that in the second year they are to exchange
lots； that in the third year the boundaries are to be fixed； and
that the whole process of severance is to be consummated in the
tenth year。 I trust it is not a presumptuous conjecture that the
order of change here indicated is more trustworthy than the time
fixed for each of its stages。 The period of ten years for the
entire transition from collective to separate property seems to
me greatly too short； and hard to reconcile with other Irish
evidence； and I suggest that the Brehon lawyer； attached to the
institution of separate property； like the rest of his class； is
depicting rather an ideal than an actual set of arrangements。 The
process； however； which is here described； if it be spread over a
much longer space of time； is really in harmony with all our
knowledge of the rise and progress of cultivating communities。
First a Joint Family； composed of 'several heirs increasing on
the land；' is found to have made a settlement。 In the earliest
stage the various households reclaim the land without set rule。
Next comes the system of exchanging lots。 Finally； the portions
of land are enjoyed in severalty。
The references to the ancient collective ownership and
ancient collective enjoyment in the non…legal Irish literature
appear to be very rare。 But my friend Mr Whitley Stokes has
supplied me with two passages in point。 The 'Liber Hymnorum；'
attributed to the eleventh century； contains （folio 5A） the
following statement： 'Numerous were the human beings in Ireland
at that time （i。e。 the time of the sons of Aed Slane； A。D。
658…694）； and such was their number that they used to get only
thrice nine ridges for each man in Ireland； to wit； nine of bog；
and nine of smooth （arable）； and nine of wood。' Another Irish
manuscript； believed to date from the twelfth century； the 'Lebor
na Huidre；' Says that 'there was not ditch； nor fence； nor
stone…wall round land； till came the period of the sons of Aed
Slane； but （only） smooth fields。 Because of the abundance of the
households in their period； therefore it is that they introduced
boundaries in Ireland。 These curious statements can； of course；
only be regarded as authority for the existence； at the time when
they were penned； of a belief that a change from a system of
collective to a system of restricted enjoyment had occurred at
some period or other in Ireland； and of a tradition respecting
the date of the change。 But it is instructive to find both of
them attributing it to the growth of population； and an especial
interest attaches to the account given in the 'Liber Hymnorum' of
the newer distribution of land which was thought to have taken
the place of something older。 The periodical allotment to each
household of a definite portion of bog land； wood land； and
arable land wears a strong resemblance to the apportionment of
pasture and wood and arable land which still goes on in our day
under the commun