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lect03-第4部分
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as consisting。 Many palpable facts in the composition of the
community are constantly inconsistent with the actual descent of
the villagers from any one ancestor。 Accordingly; private
property in land has grown up; though its outlines are not always
clear; the periodical re…division of the domain has become a mere
tradition; or is only practised among the ruder portions of the
race; and the results of the theoretical kinship are pretty much
confined to the duty of submitting to common rules of cultivation
and pasturage; of abstaining from sale or alienation without the
consent of the co…villagers; and (according to some opinions) of
refraining from imposing a rack…rent upon members of the same
brotherhood。 Thus; the Indian Village…Community is a body of men
held together by the land which they occupy: the idea of common
blood and descent has all but died out。 A few steps more in the
same course of development and these the English law is
actually hastening will diffuse the familiar ideas of our own
country and time throughout India; the Village…Community will
disappear; and landed property;in the full English sense; will
come into existence。 Mr Freeman tells us that Uffington;
Gillingham; and Tooting were in all probability English
village…communities originally settled by the Uffingas;
Gillingas; and Totingas; three Teutonic joint…families。 But
assuredly all men who live in Tooting do not consider themselves
brothers; they barely acknowledge duties imposed on them by their
mutual vicinity; their only real tie is through their common
country。
The 'natural communism' of the primitive cultivating groups
has sometimes been described of late years; and more particularly
by Russian writers; as an anticipation of the most advanced and
trenchant democratic theories。 No account of the matter could in
my judgment be more misleading。 If such terms as 'aristocratic'
and 'democratic' are to be used at all; I think it would be a
more plausible statement that the transformation and occasional
destruction of the village…communities were caused; over much of
the world; by the successful assault of a democracy on an
aristocracy。 The secret of the comparatively slight departure of
the Russian village…communities from what may be believed to have
been the primitive type; appears to me to lie in the ancient
Russian practice of colonisation; by which swarms were constantly
thrown off from the older villages to settle somewhere in the
enormous wastes; but the Indian communities; placed in a region
of which the population has from time immemorial been far denser
than in the North; bear many marks of past contests between the
ancient brotherhood of kinsmen and a class of dependants outside
it struggling for a share in the land; or for the right to use it
on easy terms。 I am aware that there is some grotesqueness at
first sight in a comparison of Indian villagers; in their
obscurity and ignorance; and often in their squalid misery; to
the citizens of Athens or Rome; yet no tradition concerning the
origin of the Latin and Hellenic states seems more trustworthy
than that which represents them as formed by the coalescence of
two or more village…communities; and indeed; even in their most
glorious forms; they appear to me throughout their early history
to belong essentially to that type。 It has often occurred to me
that Indian functionaries; in their vehement controversies about
the respective rights of the various classes which make up the
village…community; are unconsciously striving to adjust; by a
beneficent arbitration; the claims and counter…claims of the
Eupatrids and the Demos; of the Populus and the Plebs。 There is
even reason to think that one well…known result of long civil
contention in the great states of antiquity has shown itself
every now and then in the village…communities; and that all
classes have had to submit to that sort of authority which
assumed its most innocent shape in the office of the Roman
Dictator; its more odious in the usurpation of the Greek Tyrant。
The founders of a part of one modern European aristocracy; the
Danish; are known to have been originally peasants who fortified
their houses during deadly village struggles and then used their
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
o
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