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There is; however; another set of phenomena which belong to
the same class; but which seem to me to have been much
misunderstood。 When men; under the influence of the cast of
thought we are discussing; are placed in circumstances which
naturally breed affection and sympathy; or when they are placed
in a relation which they are taught to consider especially
sacred; not only their words and ideas but their feelings;
emotions; and prejudices mould themselves on the pattern of those
which naturally result from consanguinity。 We have; I believe; a
striking example of the process in the history of the Christian
Church。 You know; I dare say; that Spiritual Relationship or the
tie between a sponsor and a baptized person; or between Sponsors;
or even between the sponsors and the family of the baptized;
became by degrees the source of a great number of prohibitions
against intermarriage; which stood on the same level with those
based on affinity; and almost with those founded on
consanguinity。 The earliest evidence we have that this order of
ideas was stirring the Christian community is; I believe; a
Constitution of Justinian in the Code (v。 4。 26); which forbids
the marriage of the sponsor with the baptized; but the
prohibitions were rapidly extended by the various authorities
which contributed to the Canon law; and were finally regulated
and somewhat narrowed by the Council of Trent。 Nowadays; I am
told that they merely survive formally in the Roman Catholic
Church; and that dispensations relaxing them are obtainable as of
course。 The explanation of the system by technical theologians is
that it is based on the wish to give a peculiar sacredness to the
bond created by sponsorship; and this I believe to be a true
account of its origin。 But I do not believe that Spiritual
Relationship; a structure based on contract; would in every stage
of thought have assimilated itself to natural relationship。 The
system developed itself just when Christianity was being diffused
among races whose social organisation was founded on kinship; and
I cannot but think that their ideas reacted on the Church。 With
such races a very sacred tie was necessarily of the nature of a
family tie; and carried with it the same associations and the
same order of feeling。 I do not; therefore; consider that such
terms as Gossipred; Godfather; Godson to which there are
counterparts in several languages were created by the theory
of Spiritual Relationship; but rather that they mark the process
by which that theory was formed。
It seems to me accordingly in the highest degree natural that
Spiritual Relationship; when introduced into a tribal society
like that of the ancient Irish; should closely assimilate itself
to blood…relationship。 We know in fact that it did so; and that
the stringency of the relation and the warmth of the affections
which it produced moved the scorn; the wrath; and the
astonishment of several generations of English observers;
deriving their ideas from a social order now become very unlike
that of Ireland。 But by the side of Gossipred; or Spiritual
Relationship; there stood another much more primitive
institution; which was extraordinarily developed among the
ancient Irish; though not at all peculiar to them。 This was
Fosterage; the giving and taking of children for nurture。 Of the
reasons why this practice; now known to have been widely diffused
among Aryan communities; should have had an exceptional
importance and popularity in ireland; we can say little more than
that they probably belong to the accidents of Irish history and
of Irish social life。 But of the fact there is no doubt。 An
entire sub…tract in the Senchus Mor is devoted to the Law of
Fosterage; and sets out with the greatest minuteness the rights
and duties attaching to all parties when the children of another
family were received for nurture and education。 It is classed;
with Gossipred; as one of the anomalies or curses of Ireland by
all her English critics; from Giraldus Cambrensis in the twelfth
century to Spenser in the sixteenth。 It seemed to them monstrous
that the same mother's milk should produce in Ireland the same
close affections as did common paternity in their own country。
The true explanation was one which is only now dawning On us。 It
was; that Fosterage was an institution which; though artificial
in its commencements; was natural in its operations; and that the
relation of foster…parent and foster…child tended; in that stage
of feeling; to become indistinguishable from the relation of
father and son。
The form of Fosterage which has most interest for the modern
enquirer is called by the Translators of the Brehon tracts
Literary Fosterage。 It was an institution nearly connected with
the existence of the Brehon Law Schools; and it consists of the
various relations established between the Brehon teacher and the
pupils he received into his house for instruction in the Brehon
lore。 However it may surprise us that the connection between
Schoolmaster and Pupil was regarded as peculiarly sacred by the
ancient Irish; and as closely resembling natural fatherhood; the
Brehon tracts leave no room for doubt on the point。 It is
expressly laid down that it created the same Patria Potestas as
actual paternity; and the literary fosterfather; though he
teaches gratuitously; has a claim through life upon portions of
the property of the literary foster…son。 Thus the Brehon with his
pupils constituted not a school in our sense but a true family。
While the ordinary foster…father was bound by the law to give
education of some kind to his foster…children to the sons of
chiefs instructions in riding; shooting with the bow; swimming;
and chess…playing; and instruction to their daughters in sewing;
cutting out; and embroidery the Brehon trained his foster…sons
in learning of the highest dignity; the lore of the chief
literary profession。 He took payment; but it was the law which
settled it for him。 It was part of his status; and not the result
of a bargain。
There are some faint traces of Fosterage in the Hindoo law;
but substantially it has dropped out of the system。 The vestiges
of Literary Fosterage are; however; tolerably abundant and very
plain。 According to the general custom of India; the Brahmin
teacher of Brahmin pupils receives no payment for his services;
but the Hindoo law repeatedly reserves to him a remote succession
to their property。 In each of four Brahminical law…tracts of
great authority; the Vyavahara Mayukha; the Daya…Bhaga; the
Mitakshara; and the Daya…Krama…Sangraha; the same ancient text is
quoted (sometimes but not always attributed to Manu); which is to
the effect that 'If there be no male issue the nearest kinsman
inherits