lect06-第3节
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grew； not only the familiar incidents of ownership； such as the
right to rent and the liability to pay it； together with some
other incidents less pleasantly familiar to the student of Irish
history； but； above and besides these； newly all the well…known
incidents of feudal tenure。 It is by taking stock that the free
Irish tribesman becomes the Ceile or Kyle； the vassal or man of
his Chief； owing him not only rent but service and homage。 The
exact effects of 'commendation' are thus produced； and the
interesting circumstance is that they are produced from a simple
and intelligible motive。 The transaction between Chief and Vassal
is very burdensome to the latter； but the necessity which leads
to it is pressing； and the force of this necessity would be
greater the more primitive the society in which it arose； and the
more recent its settlement on its lands。 All this is especially
instructive； because there is no reason whatever to suppose that
Beneficiary grants and Commendation arose suddenly in the world
at the disruption of the Roman Empire。 They were probably； in
some form or other； deeply seated among the rudimentary usages of
all Aryan societies。
The new position which the tribesman assumed through
accepting stock from a Chief varied according to the quantity of
stock he received。 If he took much stock he sank to a much lower
status than if he had taken little。 On this difference in the
quantity accepted there turns the difference between the two
great classes of Irish tenantry； the Saer and Daer tenants；
between whose status and that of the free and higher base tenants
of an English manor there is a resemblance not to be mistaken。
The Saer…stock tenant； distinguished by the limited amount of
stock which he received from the Chief； remained a freeman and
retained his tribal rights in their integrity。 The normal period
of his tenancy was seven years； and at the end of it he became en
titled to the cattle which had been in his possession。 Meantime
he had the advantage of employing them in tillage； and the Chief
on his part received the 'growth and increase and milk；' the
first two words implying the young and the manure。 So far there
is nothing very remarkable in the arrangement； but it is
expressly laid down that besides this it entitled the Chief to
receive homage and manual labour； manual labour is explained to
mean the service of the vassal in reaping the Chief's harvest and
in assisting to build his castle or fort； and it is stated that；
in lieu of manual labour； the vassal might be required to follow
his Chief to the wars。 Any large addition to the stock deposited
with the Saer…stock tenant； or an unusual quantity accepted in
the first instance by the tribesman； created the relation between
vassal and chief called Daer…stock tenancy。 The Daer…stock tenant
had unquestionably parted with some portion of his freedom； and
his duties are invariably referred to as very onerous。 The stock
given to him by the Chief consisted of two portions； of which one
was proportionate to the rank of the recipient； the other to the
rent in kind to which the tenant became liable。 The technical
standard of the first was the tenant's 'honor…price；' the fine or
damage which was payable for injuring him； and which in these
ancient systems of law varies with the dignity of the person
injured。 The relation between the second portion of stock and the
rent is elaborately defined in the Brehon law： 'The proportionate
stock of a calf of the value of a sack with its accompaniments；
and refections for three persons in the summer； and work for
three days； is three 〃samhaisc〃 heifers or their value'
（'Cain…Aigillne；' p。 25）； or； in other words； that the Chief may
entitle himself to the calf； the refections； and the labour； he
must deposit three heifers with the tenant。 'The proportionate
stock of a 〃dartadh 〃 heifer with its accompaniment； is twelve
〃seds；〃' explained to mean twelve 'samhaisc' heifers； or six
cows。 And so on in many places。 The rent in kind； or food…rent；
which was thus proportioned to the stock received； unquestionably
developed in time in to a rent payable in respect of the tenant's
land； but it is certainly a curious and unexpected fact that the
rent of the class which is believed to have embraced a very large
part of the ancient Irish tenantry did not； in its earliest form；
correspond in any way to the value of the tenant's land； but
solely to the value of the Chief's property deposited with the
tenant。 But the most burdensome obligation imposed on the
Daerstock tenant is that which； in the quotation just made by me；
is expressed by the word 'refections。' Beside the rent in kind
and the feudal services； the Chief who had given stock was
entitled to come； with a company of a certain number； and feast
at the Dear stock tenant's house； at particular periods； for a
fixed number of days。 This 'right of refection；' and liability to
it； are among the most distinctive features of ancient Irish
custom； and their origin is probably to be explained by the
circumstance that the Irish Chief； though far more privileged
than his tenants； was little better housed and almost as poorly
furnished out； and could not have managed to consume at home the
provisions to which his gifts of stock entitled him。 But the
practice had a most unhappy history。 The Brehon law defines it
and limits it narrowly on all sides； but its inconvenience and
its tendency to degenerate into an abuse are manifest； and from
it are doubtless descended those oppressions which revolted such
English observers of Ireland as Spenser and Davis； the 'coin and
livery；' and the 'cosherings' of the Irish Chiefs； which they
denounce with such indignant emphasis。 Perhaps there was no Irish
usage which seemed to Englishmen so amply to justify that which
as a whole I believe to have been a great mistake and a great
wrong； the entire judicial or legislative abolition of Irish
customs。 The precautions by which the Brehon lawyers could fence
it in were not probably at any time very effectual； but； as I
before stated； they did what they could； and； moreover； as
defined by them； the relation out of which Daer…stock tenancy and
its peculiar obligations arose was not perpetual。 After food…rent
and service had been rendered for seven years； if the Chief died；
the tenant became entitled to the stock； while； on the other
hand； if the tenant died； his heirs were partly； though not
wholly； relieved from their obligation。 At the same time it is
very probable that Daer…stock tenancy； which must have begun in
the necessities of the tenant； was often from the same cause
rendered practically permanent。
It has frequently been conjectured that certain incidents of
feudal tenure pointed back to some such system as the Brehon
tracts describe to us。 The Heriot of English Copyhold tenure； the
'best beast' taken by the Lord on the death of a base tenant； has
been explained as an acknowledgment of the Lord's ownership of
the cattle with which he anciently stocked the land of his
villeins； just as the Heriot of the military tenant is believed
to have had its origin in a deposit of arms。 Adam Smith
recognised the great antiquity of the Metayer tenancy； still
widely spread over the Continent； of which one variety was in his
day found in Scotland under the name of 'steelbow。' I am not at
all surprised that； in one of the Prefaces to the official
translation of the Brehon laws； a comparison should be instituted
between this tenancy and the Saer and Daer…stock tenancy of
ancient Irish law。 The outward resemblance is considerable； and
the history of Metayer tenancy is so obscure that I certainly
cannot undertake to say that practices answering to those I have
