---------------+--------------+--------------+--------------+--------------

| Story | Story | Added | Modern

| radicals | accidentals | features | gloss

---------------+--------------+--------------+--------------+--------------

|Youngest | | |

| daughter | | |

|Fountain or | | |

| well the | | |

| locality of | | |

| leading | | |

| incident | | |

|Frog | | |

1. Savage | prince=totem| | |

elements |Frog prince | -- | -- | --

| stays at the| | |

| house of his| | |

| future wife | | |

|Exogamous | | |

| marriage, | | |

| the prince | | |

| coming from | | |

| a foreign | | |

| country | | |

---------------+--------------+--------------+--------------+--------------

| | |Faithful |

2. Fantastic | | | servant |

element | -- | -- | whose heart | --

| | | is bound by |

| | | iron bands |

---------------+--------------+--------------+--------------+--------------

| | | |Kingly state

| | | | and its

| | | | trappings--

| | | | the princess

| | | | wears a

| | | | crown on

3. Rank and | -- | -- | -- | ordinary

splendour | | | | occasions,

| | | | and yet

| | | | opens the

| | | | door to a

| | | | visitor

| | | | while at

| | | | dinner

---------------+--------------+--------------+--------------+--------------

III.--OUR LADY'S CHILD

---------------+--------------+--------------+--------------+--------------

| Story | Story | Added | Modern

| radicals | accidentals | features | gloss

---------------+--------------+--------------+--------------+--------------

| |Naked forest | |

| | woman | |

1. Savage | | captured | |

elements | -- | for wife | -- | --

| |Suspicion that| |

| | she is a | |

| | cannibal | |

---------------+--------------+--------------+--------------+--------------

| | | |Virgin Mary

| | | | and heaven

3. Rank and | | | | the central

splendour | -- | -- | -- | features

| | | | of the

| | | | heroine's

| | | | adventures

---------------+--------------+--------------+--------------+--------------

4. Moral |Punishment | | |

characteristics| for | -- | -- | --

| curiosity | | |

---------------+--------------+--------------+--------------+--------------

IV.--THE YOUTH WHO WANTS TO LEARN TO SHUDDER

---------------+--------------+--------------+--------------+--------------

| Story | Story | Added | Modern

| radicals | accidentals | features | gloss

---------------+--------------+--------------+--------------+--------------

|Winning of | | |

| wife by | | |

| service | | |

|Succession to | | |

1. Savage | kingship | | |

elements | through | -- | -- | --

| wife--female| | |

| kinship | | |

|Treasure | | |

| guarded by | | |

| spirits | | |

---------------+--------------+--------------+--------------+--------------

| |The adventures| |

2. Fantastic | -- | in the | -- | --

element | | haunted | |

| | castle | |

---------------+--------------+--------------+--------------+--------------

| | | |

3. Rank and | -- | -- | -- |Kingly state

splendour | | | |

---------------+--------------+--------------+--------------+--------------

| | | |

4. Moral |Bravery | -- | -- | --

characteristics| | | |

---------------+--------------+--------------+--------------+--------------

V.--THE WOLF AND SEVEN LITTLE KIDS

---------------+--------------+--------------+--------------+--------------

| Story | Story | Added | Modern

| radicals | accidentals | features | gloss

---------------+--------------+--------------+--------------+--------------

|Talking |Criticism upon| |

| animals | men as | |

|Cutting open | compared | |

| of the | with | |

1. Savage | animal to | animals, | -- | --

elements | free the | 'truly men | |

| swallowed | are like | |

| kids, and | that' | |

| refilling | | |

| the stomach | | |

| with stones | | |

---------------+--------------+--------------+--------------+--------------

VI.--FAITHFUL JOHN

---------------+--------------+--------------+--------------+--------------

| Story | Story | Added | Modern

| radicals | accidentals | features | gloss

---------------+--------------+--------------+--------------+--------------

|Capture of | | |

| bride | | |

|Talking of | | |

| animals | | |

|Three taboos--| | |

| Horse | | |

| Garment | | |

1. Savage | Sucking of | -- | -- | --

elements | breasts | | |

|Sacrifice of | | |

| children and| | |

| sprinkling | | |

| their blood | | |

| on a stone | | |

|Human origin | | |

| stone pillar| | |

---------------+--------------+--------------+--------------+--------------

| | | |Kingly state

3. Rank and | | | | and great

splendour | -- | -- | -- | wealth in

| | | | gold and

| | | | riches

---------------+--------------+--------------+--------------+--------------

| | | |

4. Moral | -- |Punishment for| -- | --

characteristics| | curiosity | |

---------------+--------------+--------------+--------------+--------------

IX.--THE TWELVE BROTHERS

---------------+--------------+--------------+--------------+--------------

| Story | Story | Added | Modern

| radicals | accidentals | features | gloss

---------------+--------------+--------------+--------------+--------------

|Going [causing| | |

| to go] away | | |

| of sons, so | | |

| that the | | |

| inheritance | | |

| should fall | | |

1. Savage | to the | Forest life | |

elements | daughter | | -- | --

|Change of | | |

| brothers | | |

| into ravens | | |

|Life dependent| | |

| on an | | |

| outside | | |

| object | | |

---------------+--------------+--------------+--------------+--------------

| | | |

3. Rank and | -- | -- | -- |Kingly state

splendour | | | |

---------------+--------------+--------------+--------------+--------------

| | | |

4. Moral | -- | -- | -- | --

characteristics| | | |

---------------+--------------+--------------+--------------+--------------

XI.--BROTHER AND SISTER

---------------+--------------+--------------+--------------+--------------

| Story | Story | Added | Modern

| radicals | accidentals | features | gloss

---------------+--------------+--------------+--------------+--------------

|Transformation| | |

| of hero into| | |

1. Savage | roebuck | -- | -- | --

elements | after | | |

| drinking at | | |

| stream | | |

---------------+--------------+--------------+--------------+--------------

There are thus savage elements in seven out of twelve stories, and

the question becomes an important one as to how this is. They are the

stories of the nursery, told by mothers to children, stories kept

alive by tradition, and the only possible answer to our question is

that they contain fragments of the early culture-history of the

ancestors, or at all events the predecessors, of those who have

preserved them for our use. An occasional savage incident might have

been considered a freak of the original narrator, or a borrowing by

one of the countless late narrators of these stories brought home from

savage countries; but statistics disprove both of these suppositions.

It is not accidental but persistent savagery we meet with in the

folk-tale. It is also the savagery to be found amongst modern peoples

still in the savage stage of culture.

This is proved in a very complete manner by Mr. MacCulloch, whose

study provides the material for a statistical survey of story

incidents founded on primitive custom and belief.[110] They are the

most ancient history to which we have access. That this history is

contained in the folk-tales of modern peasantry shows it to have come

from that far-off period which saw the earliest condition of these

people. It is still history, if it tells us of a life which preceded

the written record. It is history of the most valuable description,

for it is to be found nowhere else as relating to the remotest period

of European civilisation. The modern savage is better off in this

respect. He has an outside historian in the traveller and the

anthropologist of modern days. The savage who was ancestor to our own

people had no such means of becoming known to history, or had but very

limited means, and it is only in the deathless tradition that we can

trace him out.

These conclusions have been drawn from that great class of tradition

preserved by historic peoples in historic times, and yet unmistakably

pointing to prehistoric culture. We have been able to show the methods

to be adopted for, and the results of, disengaging the myth which has

gravitated to the historic person or place from the historic facts

which have become part of the legend, and to trace out in the

folk-tale facts which belong to a culture far removed from civilised

life. There are thus revealed two distinct centres of influence, the

traditional centre and the historic centre, and it is obvious that the

question must be asked--which is the more important? It seems to me

equally obvious that the answer must be given in favour of the

historic. History is indebted to tradition for preserving some of the

most remote facts of racial or national life, which but for tradition

would have been lost, and if we are content to use this tradition as a

storehouse from which we may provide ourselves with ancient historical

documents, we can trace out therefrom points in the history of any

given country wherever the traditions have been preserved.

The folk-tale, in point of fact, equally with the personal and local

legend, comes into close contact with history. The periods of history

in the folk-tales are different from those in the legends, but

together these periods reach from prehistoric culture to historic

event. We cannot, however, call this extent of time a continuous

period, and we cannot point to definite stages within the detached

periods. Much more research must be accomplished before it will be

possible to claim such results as these. I have indicated some points

of difficulty, some methods of treatment which appear to me to be

wrong, and to which I shall have again to refer later on; but in the

meantime, from the necessarily incomplete evidence which I have been

able to produce, it is, I think, abundantly clear that folklore has to

be studied from its historical surroundings if we would draw from it

all that it is capable of telling.

III

In the meantime it is well to bear in mind that there is one important

department of history which has always been frankly and unhesitatingly

accepted as history and yet which has no stronger foundation than

tradition, and tradition of the most formal kind. I allude to the

early laws of most of the peoples who have become possessed of an

historic civilisation. These laws have all been preserved by

tradition, are in rhyme or rhythm in order to assist the memory, have

become the sacred repository of a school or class of priests, and have

finally been reduced to writing by a great lawgiver, who by the act of

giving the people written laws has had attributed to him supernatural

origin and powers. That history should have accepted from tradition

such an important section of its material is worth consideration by

itself, apart from its bearing on the present study, and I shall

proceed, therefore, to set out some of the chief facts in this

connection.

There can be no doubt that in the tribal society of Indo-European

peoples the laws and rules which governed the various members of the

tribe were deemed to be sacred and were preserved by tradition. The

opening clauses of the celebrated Laws of Manu illustrate this position.

"The great sages approached Manu, who was seated with a collected mind,

and having worshipped him spoke as follows: Deign, divine one, to

declare to us precisely and in due order the sacred laws of each of the

four chief castes and of the intermediate ones. For thou, O Lord, alone

knowest the purport, the rites, and the knowledge of the soul taught in

this whole ordinance of the self-existent which is unknowable and

unfathomable."[111] They were not only sacred in origin but they dealt

with sacred things, and Sir Henry Maine has drawn the broad conclusion

that "there is no system of recorded law, literally from China to Peru,

which, when it first emerges into notice, is not seen to be entangled

with religious ritual and observance."[112] In Greece the lawgivers were

supposed to be divinely inspired, Minos from Jupiter, Lykurgos from the

Delphic god, Zaleukos from Pallas.[113] The earliest notions of law are

connected with Themis the Goddess of Justice.[114] In Rome it is to

Romulus himself that is attributed the first positive law, and it is by

a college of priests that the laws were preserved.[115] In Scandinavia

the laws were in the custody and charge of the temple priests, and the

accumulated evidence for the sacred origin and connection of the laws is

to be found in the sagas.[116] Among the Celtic peoples it is well known

that the laws were preserved and administered by the Brehons, who are

compared with the Hindu Brahmins by Sir Henry Maine, "with many of their

characteristics altered, and indeed, their whole sacerdotal authority

abstracted by the influence of Christianity."[117] In the Isle of Man

the laws were deemed sacred and known only to the Deemsters.[118]

In all cases laws were preserved by tradition and not by writing and

evidence, and the superior value attached to the traditional record

appears everywhere. The oldest record of Hindu law agrees with the

best authority that it was not founded on writing but "upon immemorial

customs which existed prior to and independent of Brahminism."[119] In

Greece the very nature of the _themistes_ shows that they were

judgments dependent upon traditional custom. In Rome it is the subject

of definite research that the "greater part of Roman law was founded

on the _mores majorum_."[120] In Scandinavia the law speaker was

obliged to recite the whole law within the period to which the tenure

of his office was limited.[121] The Celtic laws are based upon customs

handed down from remote antiquity,[122] and late down in English law

it was admitted as a principle that if oral declarations came into

conflict with written instruments the former had the more binding

authority.[123]

One of the means by which this sacred tradition was preserved was

through the medium of rhythm and verse. Thus, as Sir Henry Maine

explains,

"The law book of Manu is in verse, and verse is one of

the expedients for lessening the burden which the

memory has to bear when writing is unknown or very

little used. But there is another expedient which

serves the same object. This is Aphorism or Proverb.

Even now in our own country much of popular wisdom is

preserved either in old rhymes or in old proverbs, and

it is well ascertained that during the middle ages

much of law, and not a little of medicine, was

preserved among professions, not necessarily clerkly,

by these two agencies."[124]

In Greece the same word, [Greek: nomos], was used for custom and law

as for song. The [Greek: rhetra] (declared law) of Sparta and Taras

was in verse; the laws of Charondas were sung as [Greek: skolia] at

Athens,[125] and Strabo refers to the Mazacenes of Cappadocia as using

the laws of Charondas and appointing some person to be their

law-singer ([Greek: nomodos]), who is among them the declarer of the

laws.[126]

Sir Francis Palgrave, noticing the same characteristic of Teutonic

law, says:--

"It cannot be ascertained that any of the Teutonic

nations reduced their customs into writing, until the

influence of increasing civilisation rendered it

expedient to depart from their primeval usages; but an

aid to the recollection was often afforded as amongst

the Britons, by poetry or by the condensation of the

maxim or principle in proverbial or antithetical

sentences like the Cymric triads. The marked

alliteration of the Anglo-Saxon laws is to be referred

to the same cause, and in the Frisic laws several

passages are evidently written in verse. From hence,

also, may originate those quaint and pithy rhymes in

which the doctrines of the law of the old time are not

unfrequently recorded."[127]

Again, the editors of the Brehon Law Tracts point out that early laws

are handed down "in a rhythmical form; always in language condensed

and antiquated they assume the character of abrupt and sententious

proverbs. Collections of such sayings are found scattered throughout

the Brehon Law Tracts."[128] The sagas contain many verses which

partake of the character of legal formulae, and in Beowulf there seems

to be a definite example. It occurs in the passage describing Beowulf

engaged in his fatal combat with the fiery dragon, when his

"companions," stricken with terror, deserted him, on which Wiglaf

pronounced the following malediction:--

"Now shall the service of treasure,

and the gifts of swords,

all joy of paternal inheritance,

all support

of all your kin depart;

every one of your family

must go about

deprived of his rights

of citizenship;

when far and wide

the nobles shall learn

your flight,

your dishonourable deed.

Death is better

to every warrior

than disgraced life."

Mr. Kemble remarks on this passage, that it is not improbable that the

whole denunciation is a judicial formula, such as we know early

existed, and in regular rhythmical measure.[129]

These early examples may be followed up by others preserved to modern

times. The most significant of these occurs in the Church ceremony of

marriage, which preserves in the vernacular the ancient rhythmical

formula of the marriage laws, and the antiquity of the Church ritual

is proved from the fact that it is accompanied and enforced by the old

rhythmical verse, which is indicative of early legal or ceremonious

usage.

"With this rynge I the wed

And this gold and silver I the geve,

and with my body I the worshipe,

and with all my worldely cathel I the endowe."[130]

Sir Francis Palgrave has noticed the subject, and points out that the

wife is taken

"to have and to hold[131]

from this day forward

for better, for worse,

for richer, for poorer,[132]

in sickness and in health,

to love and to cherish,

till death us do part

and thereto I plight thee my troth."

These words are inserted in our service according to the ancient canon

of England, and even when the Latin mass was sung by the tonsured

priest, the promises which accompany the delivery of the symbolical

pledge of union were repeated by the blushing bride in a more

intelligible tongue.[133] This is a curious and significant fact, and

as we trace out these rhythmical lines farther back in their original

vernacular, the more clearly distinct is their archaic nature.

According to the usage of Salisbury the bride answered:--

"I take thee, John,

to be my wedded husband,

to have and to hold

fro' this day forward

for better, for worse,

for richer, for poorer,

in sycknesse, in hele,

to be bonere and buxom [obedient]

in bedde and at borde

till death do us part

and thereto I plight thee my trothe."[134]

The Welsh manual in the library of the Dean and Chapter of Hereford

has a slight variation in the form, and an older spelling:--

"Ich N. take thee N.

to my weddid wyf,

for fayroure for foulore,

for ricchere for porer,

for betere for wers,

in sicknesse and in helthe,

forte deth us departe,

and only to the holde

and tharto ich plygtte my treuthe."[135]

To this may be added the many local examples of the preservation of

laws or legal formulae by means of their form in verse. The most

interesting of these, perhaps, is that by which the Kentishman

redeemed his land from the lord by repeating, as it was said, in the

language of his ancestors:--

"Nighon sithe yeld

And nighon sithe geld,

And vif pund for the were,

Ere he become healdere."

The first verse,

"Dog draw

Stable stand

Back berend

And bloody hand"

justified the verderer in his punishment of the offender. In King

Athelstane's grant to the good men of Beverley, and inscribed beneath

his effigy in the Minster,

"Als fre

Mak I the

As heart may think

Or eigh may see,"

we have perhaps the ancient form of manumission or

enfranchisement,[136] just as we have the surrender by a freeman who

gave up his liberty by putting himself under the protection of a

master, and becoming his man, still preserved among children, when one

of them takes hold of the foretop of another and says:--

"Tappie, tappie, tousie, will ye be my man?"[137]

All over the country we meet with these rhyming or rhythmical formulae

which have legal significance. In the north the chief of the

Macdonalds gave grants in the following form:--

"I, Donald, chief of the Macdonalds, give here, in my

castle, a right to Mackay, to Kilmahumag, from this

day till to-morrow and so on for ever."

"Mise Donull nau Donull,

Am shuidh air Dun Donuill,

Toirt coir do Mhac-aigh air Kilmahumaig,

O'n diugh gus a maireach

'S gu la bhrath mar sin."[138]

At Scarborough there is an old proverbial saying as to "Scarborough

Warning," which has had various accounts given of its origin,[139] but

the true explanation of which is that it is the fragment of an ancient

legal formula of the kind we are investigating. Abraham De la Pryme

describes it in his seventeenth-century diary as follows:--

"Scarburg Warning is a proverb in many places of the

north, signifying any sudden warning given upon any

account. Some think it arose from the sudden comeing

of an enemy against the castle there, and haveing

dischargd a broad side, then commands them to

surrender. Others think that the proverb had it's

original from other things, but all varys. However,

this is the true origin thereof.

"The town is a corporation town, and tho' it is very

poor now to what it was formerly, yet it has a ... who

is commonly some poor man, they haveing no rich ones

amongst them. About two days before Michilmass day the

sayd ... being arrayed in his gown of state he mounts

upon horseback, and has his attendants with him, and

the macebear[er] carrying the mace before him, with

two fidlers and a base viol. Thus marching in state

(as bigg as the lord mare of London) all along the

shore side, they make many halts, and the cryer crys

thus with a strange sort of a singing voyce, high and

low:--

"'Whay! Whay! Whay!

Pay your gavelage, ha!

Between this and Michaelmas Day,

Or you'll be fined I, say!'

"Then the fiddlers begins to dance, and caper and

plays, fit to make one burst with laughter that sees

and hears them. Then they go on again and crys as

before, with the greatest majesty and gravity

immaginable, none of this comical crew being seen so

much as to smile all the time, when as spectators are

almost bursten with laughing. This is the true origin

of the proverb, for this custome of gavelage is a

certain tribute that every house pays to the ... when

he is pleased to call for it, and he gives not above

one day warning, and may call for it when he

pleases."[140]

Rhyming tenures have been frequently noted but never understood. They

occur in many parts of the country. The tithingman of Combe Keynes, in

Dorsetshire, is obliged to do suit at Winforth Court, and after

repeating the following incoherent lines, pays threepence and goes

away without saying another word:--

"With my white rod

And I am a fourth post

That three pence makes three

God bless the King, and the lord of the franchise

Our weights and our measures are lawful and true

Good morrow Mr. Steward I have no more to say to you."[141]

It is hardly necessary to quote more examples. They are not unknown to

the historian, but because they are in rhyme they have been hastily

assumed to be spurious or even burlesque.[142] But the evidence of a

rhyming formula is the opposite to this. It is evidence of their

genuineness, and if some of the words appear to be nonsensical it is

due to the fact that the sense of the old formula has been

misunderstood, and has then become gradually altered.

All these rhyming tenures, indeed, find their place among the

traditional examples of legal formulae. They are the local offshoots

preserved because of their legal significance, preserved by those

interested from their legal side. Because they are not preserved in

the formal codes they need not be neglected, and they must not be

misunderstood. They are not to be put on one side by the historian as

freaks of local landowners. They are real descendants by traditional

lines from the times when laws were not written, but kept alive in the

memory by means of such assistance as rhyme could supply, and from the

tribesmen who thus treasured the law they obeyed.[143]

That this branch of recorded law is not only early but tribal is

undoubted, but perhaps it will be well to refer to tribal rhyming

formulae of an independent kind in order to show by parallel evidence

the tribal characteristics. In 1884 Mr. Posnett drew attention to this

important subject, and noted that

"Dr. Brown, in an attempt to sketch the origin of

poetry--an attempt which attracted the attention of

Bishop Percy in his remarks introductory to the

_Reliques_--proposed more than one hundred years ago

to discover the source of the combined dance, song,

melody, and mimetic action of primitive compositions

in the common festivals of clan life. The student of

comparative literature will probably regard Dr.

Brown's theory as a curious anticipation of the

historical method in a study which, in spite of M.

Taine's efforts, has made so little progress as yet.

The clan ethic of inherited guilt and vicarious

punishment has attracted considerable attention. But

the clan poetry of the ancient Arabs and of the

bard-clans, surviving in the Hebrew sons of Asaph or

the Greek Homeridae, has not received that light from

comparative inquiry which the closely connected

problems of primitive music and metre would alone

amply deserve."[144]

Not much has been done since this was penned. Max Mueller had

previously, in 1847, declared that the Rig Veda consisted of the clan

songs of the Hindu people,[145] but the importance of such a

conclusion has been entirely neglected. In the meantime evidence is

accumulating that in Britain there are still preserved many examples

of clan songs. Thus Lord Archibald Campbell has published, in the

first volume of his _Waifs and Strays of Celtic Tradition_, some

sixteen or seventeen sagas. Some of these are clan-traditions; and the

editor notes as evidence of their antiquity the fact that none of them

makes any mention of firearms. These clan-traditions all relate to

feuds and vendettas; and in one case it is expressly recorded that the

descendants of one of the foes of the clan, in their account of the

incident narrated, "altered this tradition and reversed the main

facts." This has been followed by a volume definitely devoted to

"clan-traditions,"[146] while in the _Carmina Gadelica_ and many of

the Highland incantations there are preserved specimens of ancient

clan songs.

The most interesting of the tribal songs is that preserved at the

Hawick Common riding. The burgh officers form the van of a pageant

which insensibly carries us back to ancient times, and in some verses

sung on the occasion there is a refrain which has been known for ages

as the slogan of Hawick. It is "Teribus ye teri Odin," which is

probably a corruption of the Anglo-Saxon, "Tyr habbe us, ye Tyr ye

Odin"--May Tyr uphold us, both Tyr and Odin.

Fortunately Dr. Murray has investigated this formula, and I will quote

what he says:--

"A relic of North Anglian heathendom seems to be

preserved in a phrase which forms the local slogan of

the town of Hawick, and which, as the name of a

peculiar local air, and the refrain, or 'owerword' of

associated ballads, has been connected with the

history of the town back to 'fable-shaded eras.'

Different words have been sung to the tune from time

to time, and none of those now extant can lay claim to

any antiquity; but associated with all, and yet

identified with none, the refrain '_Tyr-ibus ye Tyr ye

Odin_,' Tyr haeb us, ye Tyr ye Odin! Tyr keep us, both

Tyr and Odin! (by which name the tune also is known)

appears to have come down, scarcely mutilated, from

the time when it was the burthen of the song of the

gleo-mann or scald, or the invocation of a heathen

Angle warrior, before the northern Hercules and the

blood-red lord of battles had yielded to the 'pale

god' of the Christians."

[Illustration: THE AULD CA-KNOWE: CALLING THE BURGESS ROLL]

[Illustration: HAWICK MOAT AT SUNRISE]

And in a note Dr. Murray adds:--

"The ballad now connected with the air of 'Tyribus'

commemorates the laurels gained by the Hawick youth at

and after the disastrous battle, when, in the words of

the writer,

"'Our sires roused by "Tyr ye Odin,"

Marched and joined their king at Flodden.'

Annually since that event the 'Common-Riding' has

been held, on which occasion a flag or 'colour'

captured from a party of the English has been with

great ceremony borne by mounted riders round the

bounds of the common land, granted after Flodden to

the burgh; part of the ceremony consisting in a mock

capture of the 'colour' and hot pursuit by a large

party of horsemen accoutred for the occasion. At the

conclusion 'Tyribus' is sung, with all the honours, by

the actors in the ceremony, from the roof of the

oldest house in the burgh, the general population

filling the street below, and joining in the song with

immense enthusiasm. The influence of modern ideas is

gradually doing away with much of the parade and

renown of the Common-Riding. But 'Tyr-ibus ye Tyr ye

Odin' retains all its local power to fire the lieges,

and the accredited method of arousing the burghers to

any political or civil struggle is still to send round

the drums and fifes, 'to play Tyribus' through the

town, a summons analogous to that of the Fiery Cross

in olden times. Apart from the words of the slogan,

the air itself bears in its wild fire all the tokens

of a remote origin."[147]

We could not get better evidence than this of the survival of tribal

custom, custom that is distinctly connected with tribes rather than

with places or individuals, with groups of people who, now bound

together by local considerations and influences, have only recently

passed away from the far more ancient influences of the tribe. Alike

in the forms of historical codes and in traditional local remains, we

have found evidence of the use of rhyme for the preservation of

unwritten rules and forms; and this use restores to tradition an

important branch of its material.

We have thus ascertained that there is direct and acknowledged

indebtedness of history to tradition. Its extent covers a wide area of

culture progress, and of unbroken continuity from tribal to historic

times. The legal codes of the barbaric tribes of Western Europe are

the direct successors of the traditional originals; and because these

legal codes, equally with their unwritten predecessors, cannot be

dispensed with by the historian, they find their place unquestioned

among genuine historical material. They are no more, and no less,

historical than other traditional material. They are part of the life

of the people rescued from prehistoric days, and they tell us of these

days by the same sanction and the same methods as the rest of the

traditional material which has been so strangely and so persistently

neglected by the historian. The whole of tradition, and not selected

parts of it, must be brought into use if we would follow scientific

method, and I claim this for the study of folklore on the strength of

the results which have now been brought together.

[Illustration: ONE OF FIVE STONE CIRCLES IN THE FIELDS OPPOSITE THE

GLEBE OF NYMPHSFIELD]

[Illustration: CARN-AN-CHLUITHE

TO COMMEMORATE THE DEFEAT AND DEATH OF THE YOUTHS OF THE DANANNS]

[Illustration: THE CAIRN OF BALLYMAGIBBON NEAR THE ROAD PASSING FROM

CONG TO CROSS]

IV

Here, however, we are close up to an important point of controversy.

The mythologists claim tradition as theirs. It does not, they assert,

give us the history but the mythology of our race. It tells us not of

the men but of the gods. In explaining how this comes about, however,

they have fallen into errors which it is not only necessary to correct

but which are fundamental in their effects. We shall be better able

later on to discuss the extremely important question of the

position of the prehistoric tradition amidst historic life and

surroundings, if we try to understand what the mythologists have done

and not done in their attempts to claim exclusive property in the

folk-tale. They have entirely denied or ignored all history contained

in the folk-tale, and they have proceeded upon the assumption, the

bald assumption not accompanied by any kind of proof, that the

folk-tale contains nothing but the remnants of a once prevalent system

of mythology. They ignore all the proofs brought forward by

folklorists to the contrary, such proofs, for instance, as Mr.

Knowles, Sir Richard Temple and others have produced concerning the

Hindu folk-tale. What is not true of the Hindu folk-tale cannot be

true of its Celtic or Teutonic or Scandinavian parallel, and yet in

the most recent study of Celtic tradition, Mr. Squire takes its mythic

origin for granted, and works through his ingenious statement without

let or hindrance from other points of view. But even his

thorough-going methods compel him to stop short at certain points, and

to admit that he has come across historic fact. Thus he agrees that

the Fir-Bolgs "were not really gods but the pre-Aryan race which the

Gaels, when they landed in Ireland, found already in occupation,"[148]

and yet when he treats of the fight of the Fir-Bolgs with the Tuatha

de Danann, and is confronted with Sir William Wilde's proofs that the

monuments on the plain of Moytura are in agreement with the traditions

concerning them, and point to the account of the battle being

historical,[149] all that Mr. Squire can admit is that "certainly the

coincidences are curious." He disposes of them on the ground that the

"people of the goddess Danu are too obviously mythical to make it

worth while to seek any standing ground for them in the world of

reality." That standing ground might be found connected with the

Tuatha de Danann in many places, but Mr. Squire will have it that it

is impossible, because "it was about this period that the mythology of

Ireland was being rewoven into spurious history."[150] It is not,

however, upon the mistakes of other inquirers[151] that the

mythologists may rest a good claim for their own view. The _Historia

Britonum_ of Geoffrey of Monmouth disposes of neither the myths nor

the history of the Celts. It shows myth in its secondary position, in

the handling of those who would make it all history, just as now there

are scholars who would make it all myth. In front of the legends

attaching to persons and places is the history of these persons and

places. Behind these legends lies the domain of the unattached and

primitive folk-tale, Mr. Campbell's _Highland Tales_, Kennedy's

_Fireside Stories of Ireland_, and those English tales which have been

rescued by Mr. Clodd and others. This makes it impossible to see in

the hero-legends naught else than the intangible realm of Celtic gods

and goddesses.

Equally impossible is it to create for them a home in a system of

"state religion," and yet a state religion is a necessary part of the

evidence for mythological origins.[152] There was no Celtic state.

Emphatically this was so. Everything we know about the Celts of

Britain, both before and after the Roman conquest, both in Britain,

where the Roman power was upheld for four centuries, and in Ireland,

where the Roman power never penetrated, the Celts were possessed of a

tribal, not a state polity; lived in tribal strongholds, not in Celtic

cities; occupied tribal territories, not countries formed into states;

elected tribal chiefs in primitive fashion, and not kings with state

ceremonial; and when they come under the dominion of an incipient

state policy after the conquest of the English and the Northmen, their

laws are promulgated and codified, and show that both Welsh and Irish

codes are tribal, not state law.

Not only do I fail to discover a state religion of the Celts, but I do

not find it among the Teutons. There is greater evidence of

discrepancies than of agreement in all the European religions, but

these have not been dwelt upon by scholars. Professor York Powell, in

one of his illuminating studies on Teutonic heathendom, is the only

authority I know of who argues against the idea of a systematised

religion. "It is important that we should at once throw aside the idea

that there was any _system_, any organized pantheon in the religion of

these peoples. Their tribes were small and isolated, and each had its

own peculiar gods and observances, although the mould of each faith

was somewhat similar. Hence there were varieties of religious customs

among the Goths, Swedes, Saxons, and Angles."[153]

[Illustration: ALTAR DEDICATED TO THE FIELD DEITIES OF BRITAIN

FOUND AT CASTLE HILL ON THE WALL OF ANTONINUS PIUS]

Now if there was no state there could be no state religion. What

existed of worship and religion was tribal. These are the historical

facts, which have been neglected by students of myth and saga. I

shall have to point out in greater detail presently what these tribal

conditions mean to studies in folklore, but the word of warning and

protest must come here, for it is unconsciously the conception of a

Celtic state religion which gives even the semblance of possibility

for Celtic mythology to be found in every hero-legend. It is, in

short, the neglect of this among other historical facts which has led

the folklorist into error of a somewhat magnificent kind. He attempts

to create out of the myths of a people a mythology which provides gods

to be worshipped, faiths to be organised, and beliefs to be the

standards of life and conduct. Thus, as I have pointed out

elsewhere,[154] Sir John Rhys has, in his acute identification of the

worship of the water-god Lud on the Thames and of Nod on the

Severn,[155] introduced the idea of a great Celtic worship established

on these two great rivers as parts of a definite system of Celtic

religion, whereas examination proves that the parallel faiths of two

perfectly distinct Celtic tribes, the Silures on the Severn and the

Trinovantes on the Thames, were welded into a common worship of the

god of the waters by the masters of Celtic Britain, the Romans. There

was no Celtic organisation which commanded both Severn and Thames

until the Romans occupied the country, and occupying the country they

adopted into their own religion the native gods and, fortunately for

us, recorded their adoption in the pavements of their houses or their

temples.[156]

Mr. A. B. Cook goes much further than Sir John Rhys. He attempts to

dig out the European sky-god from all sorts of queer places, all sorts

of forgotten records, thereby producing a wealth of folklore parallels

for which every student must be profoundly thankful. But he does not

make it anywhere clear that this universal god was gloriously apparent

to his worshippers. There is no established connection between the

sky-god and those who worshipped the sky-god, and we seek in vain

amidst all the brilliant researches, which have been held to produce

evidence of the sky-god, for evidence that he was worshipped by the

Aryan-speaking Celt and Teuton. In point of fact, we never get at the

worshippers at all. There is the assumption of a state mythology

without any evidence for the existence of the state.

In place of this obvious necessity we get an immense abstraction,

worked out with all the subtle ingenuity and learning of the Cambridge

professor. Mr. Cook has, in fact, used the materials he has collected

with such amazing care to project therefrom just those mythological

conceptions which Celt and Teuton would have worked out for themselves

if they, like the Hindu and the Greek, had developed the state while

they were still free to develop their own native beliefs. This they

never did, and so their fire worship did not advance beyond its early

stages. It was separated from nature worship to become the servant of

the European tribes. It helped them to develop tribal and family

institutions. It produced for them a tribal and family worship. It did

not get beyond this, because Roman institutions and Christianity stood

in the way and prevented tribal fire worship from becoming

anthropomorphised into a mythology. This need not cause us to doubt

that the analogies claimed by these scholars are true analogies. There

were among the Celtic peoples, as among other branches of the race to

which Celt, Greek, Teuton, Scandinavian, and Hindu belonged, the

incipient elements which would go to make up a national or state

mythology, when the nation or the state emerged, as it did emerge in

the case of Greece and of Rome, from its tribal originals. But the

Celtic state did not emerge from tribalism in Britain; the Celtic

heroes were always tribal heroes. They were, as Hereward and Arthur

were, real human flesh and blood, fighting and raiding and loving and

feasting in their tribal fashion as the later heroes did in their

national fashion; because of their success as tribal heroes they had

attached to them the tribal myths; because they died as nobly as

Cuchulain died they left imperishable records among those for whom

they died. They were more than gods to the Celtic tribesman--they were

kinsmen.

The false conception of a state religion before there was a state,

appears in other studies not primarily based upon folklore research,

and not having in view anthropological results. It is the basis of the

remarkable researches of Sir Norman Lockyer as to the astrological and

solar origin of Stonehenge and other circles, and in his chapter which

deals with the question, "Where did the British worship originate?" he

finds himself bound to the theory of a borrowed civilisation which

established the solar system.[157] This borrowed civilisation is

Egyptian, but it is too much to ask mythology to supply not only a

complete system of belief but a civilisation which belongs to it. What

is needed is independent evidence of the civilisation. Without such

independent evidence it is impossible to accept the deduction drawn

only from one sphere of information.

The error of transferring to the domain of mythology events and

occurrences which belong to history, is followed by an error of

another sort, namely, the transferring to some general department of

human belief the particular beliefs of a people, or of tribes of

people. It is wrong to continue to label particular cults as nature

myths, when they have already been transferred from that position to a

more definite position among the beliefs of a people. Thus even so

good a scholar as Mr. A. B. Cook, rightly interpreting Greek evidence

of the hill-top fires and of the house fire, yet denies to the exactly

corresponding Irish evidence the same interpretation, and argues that

"the ritual of Samain, at which all the hearths in Ireland were

supplied with fresh fire from a common centre at Tlachtga [is] almost

certainly solar," and that "we shall not be far wrong if we suppose

that the solar fires of Beltaine were the ritual of the sky god

connected with the Ash of Uisnech."[158] Mr. Frazer, too, has

interpreted these bonfires as mainly sun charms, and he sees in the

Balder myth, and in the peasant customs all over Europe, which he

asserts illustrate this myth, an ancient ritual which originally

marked the beginning of the new year, when the tree spirit, or spirit

of vegetation, was burned, the special reasons why the deity of

vegetation should die by fire being that as "light and heat are

necessary to vegetable growth, on the principle of sympathetic magic,

by subjecting the personal representative of vegetation to their

influence you secure a supply of these necessaries for trees and

crops."[159] Mr. Frazer goes far afield for evidence. He does not see

that the fire ceremonies which he collects from all Europe have a

specialised significance, even in their last stages of existence as

survivals, which is not found among the Incas, the African tribes, the

hill tribes of India, and the Chinese, whom he cites as providing the

required parallels. Parallel practices are not necessarily evidence of

parallels in culture, and it is the failure to locate properly the

several examples in relationship to each other which produces a loose

and inadequate conception of the relics of fire worship in European

countries, and the refusal to recognise its special place as the cult

of a tribal people.[160] Another example of this fundamental error

takes us in the very opposite direction to that of Dr. Frazer. Thus

Dr. Gummere, in a recent study dealing with Germanic origins,[161]

sees nothing in the fire cult of the Indo-European people but a

branch, and apparently an undeveloped branch, of general nature

worship, not specially Germanic or Indo-European, not specialised by

the tribes and clans of these people into a cult far more closely

connected with their doings and their life than mere participation in

the general primitive nature worship could have afforded.

The danger of searching for a general system of belief and worship

from the beliefs and rites of peoples not ethnically, geographically,

or politically connected is very great, and I venture to think that

even Mr. Frazer's remarkable researches into the agricultural rites of

European peoples do not take count of one important consideration. I

think his constructive hypothesis is too complex in process and too

systematic in form to have been the actual living faith of the varied

paganism of the European peoples. It would have meant as organised an

institution as the Christian Church itself, and of this there is no

evidence whatever. It would have meant an exclusive agricultural

ceremony, and of this there is strong evidence to the contrary. It

would have meant a deep system of philosophy, penetrating from the

highest to the lowest of the people, and of this there is no evidence.

The plain fact is that the historical conditions have been altogether

left out of consideration in these matters, and we consequently do not

get a complete study. We get the advocate's position. The case for the

mythological interpretation of folklore has been put with full

strength, but it is not the entire case.

V

This short survey of the relationship of tradition to history would

not answer its purpose if we did not consider the complementary

position which history bears to tradition. This may best be done by

reference to the period before that occupied by contemporary native

record. The history here alluded to is, properly speaking, only

derived from one source, namely, the works of foreign or outside

authorities. It is written by observers from a civilised country,

travelling among the more primitive peoples of another land, and the

Greek and Latin authors who relate particulars of early Britain were

of this class. Their narratives have to be compared with the

traditions written down as history by professed historians, who lived

long after the events happened to which the traditions are said to

relate, but who recorded the traditions of the people preserved in the

monasteries by devotees who were of the people, or by the songs and

rhymes which, as Henry of Huntingdon states explicitly, were used for

the purpose.

Both the observations of the foreign historians and travellers and the

recorded traditions from native sources have been treated with scant

courtesy whenever they cannot be explained according to the views of

each particular inquirer into the period to which they refer. They

have been alternatively the subject of dispute or neglect by students

for a long series of years. They consist of items which do not fit in

with Celtic or Teutonic institutions as we know them from other and

more detailed sources. They offend against the national pride because

they tell of a condition of savagery. They do not appeal to the

historian, because the historian knows little and cares nothing at all

about the condition of savagery. If, therefore, they are not rejected

as true history, they are purposely neglected. They are in any event

never taken into consideration by the right method, and they stand

over for examination by any one who will take the trouble to deal with

them by the light and test of modern research.

It is not my purpose to deal with these matters now, but it is

advisable that we should try to understand two things--first, how they

have been dealt with by the historian; secondly, their true place in

history.

The Greek and Latin authors who have stated of peoples living in

Britain many characteristics which do not belong to civilisation or

even to the borders of civilisation, range from Pytheas the Greek in

the middle of the fourth century before our era down to the Latin

poets of the early fifth century anno Domini. They all refer to the

British savage. He is cannibalistic, incestuous, naked, possesses his

wives in common, lives on wild fruits and not cultivated cereals,

indulges in head-hunting, has no settled living-place which can be

called a house, and generally betrays the characteristics of pure

savagery.[162] Altogether there is a fairly substantial range of

material for the formation of a reasonable conception of the condition

of savagery in Britain.

[Illustration: ROMAN SCULPTURED STONE FOUND AT ARNIEBOG, CUMBERNAULD,

DUMBARTONSHIRE, SHOWING A NAKED BRITON AS A CAPTIVE]

We need not dwell long upon the earlier of our historians who have

neglected or contested the statements of the authorities they use.

They hardly possessed the material for scientific treatment, and

personal predilections were the governing factors of any opinion which

is expressed. John Milton, in his brave attempt to tell the story of

early England, does not so much as allude to these disagreeable

points. Hume disdainfully passes by the whole subject and practically

begins with the Norman conquest. Lappenberg says of the group marriage

of the Britons that it "is probably a mere Roman fable."[163] Innes

accepts the views of the classical authorities and argues from them in

his own peculiar way,[164] but Sullivan will have it that the

materials afforded from classical sources are worthless: "they consist

of mere hearsay reports without any sure foundation, and in many cases

not in harmony with the results of modern linguistic and archaeological

investigations."[165] Neither Turner nor Palgrave has any doubt as to

the authority of these early accounts,[166] and Dr. Giles accepts the

accounts which he so usefully collected from the original

authorities.[167]

The modern historian cannot, however, be so incidentally treated. He

lives in the age of the comparative sciences and of anthropological

research. He sometimes uses, though in a half-hearted and incomplete

fashion, the results of inquirers in these fields of research, but he

nowhere deals with the problem fully. His sins are not general, but

special. He agrees with one statement of his original authority and

disagrees with another, and we are left with a chaos of opinion

founded upon no accepted principle. If the earlier historians accepted

or rejected historical records without much reason for either course,

the later historians have no right to follow them. The terms "savage"

and "barbarian," indulged in by the Greek and Roman writers, cannot be

rejected by modern authorities simply because they are too harsh. They

cannot be considered merely in the nature of accusations against the

standing and position of our ancestors, made by advocates anxious to

blacken the national character. Even scholars like Mr. Skene, Mr.

Elton, and Sir John Rhys, though inclined to weigh these passages by

the light of ethnographic research, throw something like doubt upon

the exact extent to which they may be taken as evidence. Mr. Elton,

though admitting that the early "romances of travel" afford some

evidence as to the habits of our barbarian ancestors, cannot quite get

as far in his belief as to think that the account of "the Irish tribes

who thought it right to devour their parents" is much more than a

traveller's tale.[168] Sir John Rhys is not quite sure that the

account by Caesar of the communal marriages of the British is "not a

passage from some Greek book of imaginary travels among imaginary

barbarians which Caesar had in his mind,"[169] though he notes

elsewhere that "the vocabulary of the Celts will be searched in vain

for a word for son or daughter as distinguished from boy or girl" as a

fact of no little negative importance in relation to Caesar's "ugly

account;"[170] and he has similar doubts to express, noteworthy among

them being the passage from Pliny which illustrates the Godiva

story.[171] Mr. Skene lays stress upon the fact that Tacitus "neither

alludes to the practice of their staining their bodies with woad nor

to the supposed community of women among them;" and he offers some

kind of excuse for the Roman evidence as to the tattooing with

representations of animals,[172] evidence which Sir John Rhys, too, is

chary of accepting in its full sense. Mr. Pearson reluctantly accepts

Caesar's account of the group marriage and the human sacrifice of the

Druids, but he ignores all else, including the attested cannibalism of

the Atticotti, though he mentions that tribe in another

connection.[173] Sir James Ramsay agrees that the Britons tattooed

their bodies with woad, recognises the fact that their matrimonial

customs were polyandric, and that brother-and-sister marriage

obtained, and generally accepts the prevalent ideas as to Celtic

Druidism with its sacrificial rites and the system of "state worship."

He rests his views for much of this upon the anthropological evidence

in support of it.[174] Mr. Lang on behalf of Scotland, and Dr. Joyce

on behalf of Ireland, have their say on the evidence. Mr. Lang seems

to accept Caesar's evidence "if correctly reported," throws doubts upon

the ethnological value of such customs, and declares roundly that to

found theories upon such evidence as archaeology provides "is the

province of another science, not of history."[175] Dr. Joyce says that

in early Greek and Roman writers there is not much reliable

information about Ireland, though he believes them when they talk of

students from Britain residing in Ireland and of books existing in

Ireland in the fourth century.[176]

This meagre result from the historians seems to me to be most

unfortunate. Even when the testimony of early writers is accepted, it

is accepted without the necessary filling in which such an acceptance

warrants. Bare acceptance does not tell us much. Each recorded fact

has a relationship to surrounding facts, should lead us to associated

facts which, escaping observation by early writers, can nevertheless

be restored. In history they are isolated and unconnected, because of

the faults of the historian who records them. Anthropologically they

belong to a wider grouping, reveal a connection with each other which

is otherwise unsuspected, and prepare themselves for treatment on a

larger platform. The historian has used them for the unprofitable

controversy ranging round the question of early Celtic civilisation,

whereas they clearly belong to the history of early man, and even the

folklorist does not disdain to cast them on one side when they do not

suit his purpose.[177]

It is still more unfortunate that Sir Henry Maine should have sought

to enhance the value of his Indian evidence by contrasting it with

what he calls "the slippery testimony concerning savages which is

gathered from travellers' tales,"[178] and that Mr. Herbert Spencer

should have replied to this in an angry note, declaring that he was

aware "that in the eyes of most, antiquity gives sacredness to

testimony, and that so what were travellers' tales when they were

written in Roman days have come in our days to be regarded as of

higher authority than like tales written by recent or living

travellers."[179] The scorn passed upon "travellers' tales," the

application of the term "romance" to the early descriptions of

voyages, have done the same amount of mischief to these early chapters

of history as the constant disbelief in the value of tradition has

done to the testimony of folklore.

Now I do not recall these controversies, or lay stress upon what

appear to me to be the shortcomings of the historian and folklorist in

their relationship to each other, for the purpose of reawakening old

antagonisms. I have merely selected a few illustrations of the present

position of the subject in order that it may be seen how essential it

is to proceed on other lines. All the items which have formed the

subject of dispute, together with others which have escaped

attention--items which have found their way into history by accident,

which are by nature fragmentary and isolated, which do not connect up

with anything that is distinctively Celtic or Teutonic, and which do

not apparently fit in with any standard common to themselves--must

command attention if only because they alone cannot be cut out of

history when items standing side by side with them are allowed to

remain, and in the end it can, I think, be shown that they command

attention because of their inherent value.

The method of investigation as to the importance and significance of

these earliest historical records must be anthropological. They are in

point of fact so much anthropological data relating to Britain. It is

no use calling them history, and then defining that history as bad

history simply because as history the recorded facts do not appear to

be credible. As a matter of fact they belong to the prehistory period

of Britain, and to test their value scientific methods are required.

In the first place, anthropology shows that there is no _prima facie_

necessity for calling them Celtic, thus identifying them with that

portion of our ancestry which is Celtic in race; for there is evidence

of a non-Celtic race existing in prehistoric times, and existing down

to within historic times, if not to modern times. Mr. Willis Bund has

recently summarised the evidence from archaeology, philology, and

tradition as it appears in a particularly valuable local study of

ancient Cardiganshire, stating it "to be agreed that there was more

than one race of early inhabitants, and two of the sources say that

there was an original race and at least two distinct races of

invaders," and further, "that whoever the original inhabitants were

they were not Celts."[180] These original inhabitants, who were not

Celts, have left their remains in the barrows and megalithic monuments

which still exist in various parts of the country, and anthropologists

show that they have not entirely disappeared from among the race

distinctions observable among the people of these islands. If it is

possible to proceed from this to another stage, and to show from the

British evidence what Mr. Risley has so well illustrated from the

Indian evidence, namely, that gradations of race types as shown by

anthropometrical indices correspond with gradations of social

precedence and social organisation,[181] it may yet be possible to

prove that the people who were not Celts were the people with whom

originated those recorded customs and beliefs which are rejected as

too savage for the Celt. Unfortunately, we know nothing about them,

except the isolated scraps which are to be picked up from the early

historians. This compels us to turn to other sources of information,

and when we do this we find that British folklore preserves in

traditional custom, rite, belief, and folk-tale, parallels to each and

every item of savagery mentioned by the early historians of Britain;

and further, that anthropology shows clearly enough that among the

customs and beliefs of primitive races there are to be found parallels

to every item of custom and belief recorded of early Britain. This

gets rid of one of our greatest difficulties, and disposes of Dr.

Sullivan's unwarranted assertion to the contrary (_ante_, p. 113). The

recorded customs and beliefs of early Britain are proved by this means

not to be impossible or improbable factors in the elements of the

British prehistoric race. It will not be possible to term them

inventions of romance or of false testimony, simply on the ground that

they are not found elsewhere. On the contrary it will, I think, be

difficult to resist the conclusion that inventions such as these,

covering a wide and ascertained area of sociological and early

religious development, could hardly have been made by historians

having the limited range of knowledge possessed by the native and

classical writers who are responsible for the facts. It is an easy,

but not a satisfactory method of criticism to declare what is not to

one's liking to be invention and romance, and it has until late years

been difficult to combat such an argument. The battle has raged round

wordy disputes, the merits of which are governed by the abilities of

the respective disputants; that this is no longer possible is due to

the fact that there have entered into the fray the methods and results

of folklore which prevent the terms invention and romance from being

applied, except where there is good independent reason for their use.

* * * * *

I have now dealt with all the points which appear to be necessary in

order to show the inherent relationship of folklore to history, and I

have shown causes for resisting the claims of mythology to appropriate

what it chooses of folklore, and then to reject all the rest from

consideration. I have dealt (1) with examples of local traditions and

hero-traditions, in their relation to history and historical

conditions; (2) with the folk-tale in its retention of details of

early historic conditions, and of the picture of early tribal

organisation, and in that its structure is based upon the events of

savage social conceptions; (3) with the early laws and rules of tribal

society preserved by tradition and accepted in historical times; (4)

with the claims of mythology to interpret the meaning of folk-tales,

and the reasons for rejecting this claim; and (5) with the treatment

by historians of statements by classical writers as to the condition

of the peoples inhabiting Britain before the dawn of civilisation. I

think it will be admitted that, without pretending in any way to have

exhausted the evidence, or even to have thoroughly comprehended and

satisfactorily stated it under each of these heads, a very

considerable claim has been made out for the historical value of

folklore. If so much has been gained it will rest with folklorists to

pursue investigations on these lines, and it will remain with the

historian to consider the results wherever his research leads him into

domains where the evidence of folklore is obtainable.

It will be seen that the problems which the two sciences, history and

folklore, have to solve in conjunction are not a few and that they are

extremely complex. They cannot be solved if history and folklore are

separated; they may be solved if the professors in each work together,

both recognising what there is of value in the other. History in its

earliest stages is either entirely dependent upon foreign

authorities, or it has to follow the practice of the earlier and

unscientific historian and to deny that there is any history, or at

all events any history worth recording, before the advent, perhaps the

accidental advent, of an historian on native ground. History in its

later stages is dependent upon the personal tastes or ability of each

historian for the record of events and facts. Folklore in its earliest

stages has brought down from the most ancient times memories of

ancient polity, faith, custom, rite, and thought. In its later stages

it has preserved custom, rite, and belief amid the attacks of the

progressive civilisation which has been developed, and it has clothed

heroes of later times with the well-worn trappings of those of old.

Combined history and folklore can restore much of the picture of early

times, and can work through the fulness of later times with some

degree of success. There is needed for this work, however, a clear

conception of the position properly held by both sciences, together

with established rules of research. This is more particularly needed

in the department of folklore. I do not pretend to be able to

formulate these rules. In the subjects dealt with in this chapter I

have indicated a few of the points which must be raised, and my object

will be in the remaining chapters to set forth some of the conditions

which it appears to me necessary to consider in connection with the

problems with which folklore is concerned as one of the historical

sciences.

FOOTNOTES:

[1] Mr. Kemble gives an important illustration of this proposition in

his _Saxons in England_, i. 331.

[2] I would refer the reader to Prof. York Powell's brilliant lecture

on "A Survey of Modern History," printed in his biography by Mr. Oliver

Elton, ii. 1-13, for an admirable summary of this view.

[3] _View of the State of Ireland_, 1595, p. 478.

[4] Asser's _Life of Alfred_, by W. H. Stevenson, 262.

[5] It is not worth while unduly emphasising this point, but the

peculiar habit of classing fictional literature as folklore and

thereupon condemning the value of tradition is very prevalent. Mr.

Nutt, in dealing with the Troy stories in British history, adopts this

method, and denies the existence of historic tradition on the strength

of it, _Folklore_, xii. 336-9.

[6] This expression was recently allowed in our old friend _Notes and

Queries_ in a singularly unsuitable case, 10th ser. vii. 344.

[7] I am not sure this is always the fault of those who are not

folklorists. I recently came across a dictum of one of the most

distinguished folklorists, Mr. Andrew Lang, which is certainly much in

the same direction. "As a rule tradition is the noxious ivy that creeps

about historical truth, and needs to be stripped off with a ruthless

hand. Tradition is a collection of venerable and romantic blunders. But

a tradition which clings to a permanent object in the landscape, a tall

stone, a grassy, artificial tumulus, or even an old tree, may be

unexpectedly correct."--_Morning Post_, 2 November, 1906.

[8] It is worth while referring to Mr. MacRitchie's article in _Trans.

International Folklore Congress_ on the historical aspect of Folklore;

but Professor York Powell has said the strongest word in its favour in

his all too short address as President of the Folklore Society, see

_Folklore_, xv. 12-23.

[9] Chapter xi. of Tylor's _Early History of Mankind_.

[10] Spenser, _View of the State of Ireland_, 1595 (Morley reprint),

77.

[11] Perhaps the most remarkable testimony to the foundation of the

folk-tale and ballad in the events of history is to be found in a

statement made to the _Tribune_, 14 September, 1906, by Mr. Mitra, once

proprietor and editor of the _Deccan Post_, with regard to the

agitation against the partition of Bengal into two provinces. Mr. Mitra

deliberately states that "the best test of finding out Hindu feeling

towards the British Government is to see whether there are any ballads

or nursery rhymes in the Bengali language against the British. You can

have it from me, and I challenge contradiction, that there is no single

ballad or nursery rhyme in the Bengali language which is against the

British." This is where the soul of the people speaks out.

[12] It is printed, and I have used this print, in Blomefield's

_History of Norfolk_ (1769), iii. 506, from which source I quote the

facts concerning it. Sir William Dugdale's account goes on to connect

it with a monument in the church, but this part of the local version is

to be considered presently.

[13] See the _Diary_ printed by the Surtees Society, p. 220.

[14] The legend was also printed in that popular folk-book, _New Help

to Discourse_, so often printed between 1619 and 1656, and Mr. Axon

transcribed this version for the _Antiquary_, xi. 167-168; and see my

notes in _Gent. Mag. Lib. English Traditions_, 332-336.

[15] I happen to possess the original cutting of this version preserved

among my great-grandfather's papers.

[16] These words are, "I am not a Bigot in Dreams, yet I cannot help

acknowledging the Relation of the above made a strong Impression on

me."

[17] _Leeds Mercury_, January 3rd, 1885, communicated by Mr. Wm.

Grainge of Harrogate.

[18] Mr. Axon says it is current in Lancashire and in Cornwall,

_Antiquary_, xi. 168; Sir John Rhys gives two Welsh versions in his

_Celtic Folklore_, ii. 458-462, 464-466; a Yorkshire version in ballad

form is to be found in Castillo's _Poems in the North Yorkshire

Dialect_ (1878), under the title of "T' Lealholm Chap's lucky dreeam,"

_Antiquary_, xii. 121; an Ayrshire variant relates to the building of

Dundonald Castle, and is given in Chambers's _Pop. Rhymes of Scotland_,

236.

[19] Blomefield, _Hist. of Norfolk_, iii. 507, suggests that the animal

carving represents a bear. There is nothing to confirm this and readers

may judge for themselves by reference to the illustrations, which are

from photographs taken in Swaffham Church.

[20] I discussed the details in the _Antiquary_, vol. x. pp. 202-205.

[21] This story was communicated by "W.F." to the _St. James's

Gazette_, March 15th, 1888. Its continuation, in order to point a

moral, does not belong to the real story, which is contained in the

part I have quoted.

[22] _Saga Library_, _Heimskringla_, iii. 126.

[23] These have been collected and commented upon with his usual

learning and research, by Mr. Hartland in the _Antiquary_, xv. 45-48.

Blomefield, in his _History of Norfolk_, iii. 507, points out that the

same story is found in Johannes Fungerus' _Etymologicon Latino-Graecum_,

pp. 1110-1111, though it is here narrated of a man at Dort in Holland,

and in _Histoires admirables de nostre temps_, par Simon Goulart,

Geneva, 1614, iii. p. 366. Professor Cowell, in the third volume of the

_Cambridge Antiquarian Society Transactions_, p. 320, has printed a

remarkable parallel of the story which is to be found in the great

Persian metaphysical and religious poem called the Masnavi, written by

Jalaluddin, who died about 1260. J. Grimm discussed these

treasure-on-the-bridge stories in _Kleinere Schriften_, iii. 414-428,

and did not attach much value to them.

[24] It is not unimportant in this connection to find that London

itself assumes an exceptional place in tradition. Mr. Frazer notes a

German legend about London, _Golden Bough_ (2nd ed.), iii. 235;

Pausanias, v. 292. Mr. Dale has drawn attention to the Anglo-Saxon

attitude towards Roman buildings in his _National Life in Early English

Literature_, 35.

[25] See _Archaeologia_, xxv. 600; xxix. 147; xl. 54; _Arch. Journ._, i.

112.

[26] I have worked this point out in my _Governance of London_.

[27] Bishop Kennett, quoted in _Notes and Queries_, fourth series, ix.

258.

[28] Mommsen's account of the Pontifex Maximus should be consulted,

_Hist. Rome_, i. 178; and _cf._ Fowler, _Roman Festivals_, 114, 147,

214.

[29] Mrs. Gomme, _Traditional Games_, i. 347.

[30] Bingley, _North Wales_, 1814, p. 252.

[31] See my _Folklore Relics of Early Village Life_, 29; Tylor,

_Primitive Culture_, i. 97. This case was reported in the newspapers at

the time of its occurrence. It came to England from the _London and

China Telegraph_, from which the _Newcastle Chronicle_, 9 February,

1889, copied the following statement:--

"The boatmen on the Ganges, near Rajmenal, somehow came to believe that

the Government required a hundred thousand human heads as the

foundation for a great bridge, and that the Government officers were

going about the river in search of heads. A hunting party, consisting

of four Europeans, happening to pass in a boat, were set upon by the

one hundred and twenty boatmen, with the cry 'Gulla Katta,' or

cut-throats, and only escaped with their lives after the greatest

difficulty."

[32] I have worked out this fact in my _Governance of London_, 46-68,

202-229.

[33] See Turner, _Hist. of Anglo-Saxons_, ii. 207-222; _Y Cymmrodor_,

xi. 61-101.

[34] A passage in William of Malmesbury points to the fact of the

Bretons in the time of Athelstan looking upon themselves as exiles

from the land of their fathers. Radhod, a prefect of the church at

Avranches, writes to King Athelstan as "Rex gloriose exultator

ecclesiae ... deprecamur atque humiliter invocamus qui in exulatu et

captivitate nostris meritis et peccatis, in Francia commoramur" etc.,

_De Gestis Regum Anglorum_ (Rolls Ed.), i. 154.

[35] Rhys, _Celtic Folklore_, ii. 466. Sir John Rhys acknowledges his

indebtedness to me for lending him my Swaffham notes, but at that time

I had not formed the views stated above and Sir John Rhys confessed his

difficulty in classifying and characterising these stories (p. 456).

[36] In the _Anglo-Saxon Chronicle_, anno 418, and in _Ethelward's

Chronicle_, A.D. 418, it is recorded that "those of the Roman race who

were left in Britain bury their treasures in pits, thinking that

hereafter they might have better fortune, which never was the case."

[37] Buried treasure legends are worth examining carefully, especially

with reference to their geographical distribution, with a view of

ascertaining how far they follow the direction of the Roman, English,

Danish and Norman Conquests. See Henderson, _Folklore of Northern

Counties_, 320, for Yorkshire examples, and _Folklore Record_, i. 16,

for an interesting Sussex example.

The Danish part of Lincoln, near Sleaford, has numerous treasure

legends, see Rev. G. Oliver, _Existing Remains of Ancient Britons

between Lincoln and Sleaford_, pp. 29 _et seq._

Mr. W. J. Andrew has proved in the _British Numismatic Journal_ (1st

ser. i. 9-59) that traditions of buried treasure may be verified a

thousand years after the laying down of the hoard. This has reference

to the famous Cuerdale find of coins. The people of Walton-le-Dale, on

the Ribble, had a legend that if you stood on a certain headland and

looked up the valley to Ribchester "you would gaze over the greatest

treasure that England had ever seen." The farmers tried excavations,

and the divining rod is said to have been used.

The tradition was true. In May, 1840, the hoard was accidentally found,

near Cuerdale Hall, within forty yards of the stream, by men who were

repairing the southern bank. A willow tree, still in its prime, was

planted to mark the spot. We do not know how much bullion was scattered

by the finders, but there was recovered a mass of ingots, armlets,

chains, rings, and so on, amounting to 1000 oz., with over 7000 silver

coins. They lay in a crumbling leaden case, within a decomposed chest

of wood. There were about 1060 English silver coins, whereof 919 were

of the reign of King Alfred. There were 2020 from Northumbrian

ecclesiastical mints, and 2534 of King Canute, with 1047 foreign coins,

mainly French. The treasure had belonged to the Scandinavian invaders

in the host of the Danish Kings of Northumbria, and very many bore the

mark of York, the Danish capital. The chest was the treasure-chest of

the Danes. The money had been seized in England, 890-897; on French

coasts, 897-910; and collected among the Danes of Northumbria about

911. In that year, we know, the Danes raided Mercia, and were followed

by the English King and thoroughly defeated. Their treasurer, Osberth,

was killed, and it is argued that the Danes fell back by the Roman

road, and were trying to cross into Northumbria by the ford at

Cuerdale, but that, the ford being dangerous, they were obliged to bury

their treasure-chest forty yards on the southern bank of the river.

They were unable to cross, were cooped up in a bend of the stream, and

were all put to the sword. Mr. Lang discussed this from the folklore

point of view in the _Morning Post_, 2nd November, 1906, and concludes

that "granting that none who knew the site of the deposit escaped, the

theory marches well, and quite accounts for the presence of the hoard

where it was found. The Danish rearguard defending the line of the

Darwen would know that their treasure was hurried forward and probably

concealed, but would not know the exact spot."

Another good example is recorded in the _Antiquary_, xiv. 228. Further

Henderson notes that the Borderers of England and Scotland entrusted

their buried treasure to the brownie (_Folklore of Northern Counties_,

248). This is exactly the same idea which exists throughout India.

"Hidden treasures are under the special guardianship of supernatural

beings. The Singhalese, however, divide the charge between demons and

cobra capellas. Various charms are resorted to by those who wish to

gain the treasures. A puja is sufficient with the cobras, but the

demons require a sacrifice. Blood of a human being is the most

important, but the Kappowas have hitherto confined themselves to a

sacrifice of a white cock, combining its blood with their own, drawn by

a slight puncture in the hand or foot. A Tamil, however, has resorted

to human sacrifice as instanced by a case reported in the _Ceylon

Times_."--_Indian Antiquary_, 1873. ii. p. 125.

[38] Morris, _Heimskringla_, ii. 13.

[39] Laing's _Heimskringla_, ii. 260.

[40] Rhys, _The Arthurian Legend_, 7. Squire, in his recent _Mythology

of the British Islands_, states the case for "the mythological coming

of Arthur" in cap. xxi. of his book.

[41] As, for instance, in the case of Taliesin and Ossian, see Squire,

_Mythology of the British Islands_, 318; Rhys, _Celtic Mythology_, 551;

Nutt's Notes to _Mabinogion_.

I suppose the most ancient example of the duplication process is that

of Dion Cassius (iii. 5), who suggests an earlier Romulus and Remus in

order to account for the early occupation of the Palatine Hill at Rome.

Middleton's _Anc. Rome_, 45.

[42] It is interesting to find that, with independent investigation,

Mr. Bury explains on the lines I adopt the traditional part of the life

of St. Patrick. See his _Life of St. Patrick_, p. 111.

[43] Freeman, _Hist. Norm. Conq._, iv. 467.

[44] Wright, _Essays_, i. 244, notes this point; see also Freeman,

_Hist. Norm. Conq._, iv. 828, and the preface to my edition of

Macfarlane's _Camp of Refuge_ (Historical Novels Series), where I have

discussed this subject at length.

[45] _Journ. Anthrop. Inst._, iii. 52.

[46] Russell, _Kett's Rebellion_, p. 6.

[47] Kemble's _Horae Ferales_, 108.

[48] Perhaps the most interesting example in a minor way comes from

Shrewsbury. In the Abbey Church, forming part of a font, is the upper

stone of a cross (supposed to have been the Weeping Cross) which was

discovered at St. Giles's churchyard. It had been immemorially fixed in

the ditch bank, and all traces of its origin were quite lost, except

that an old lady, who was born in 1724, remembered having seen in her

youth, persons kneeling before this stone and praying. The transmission

of the tradition through very nearly three centuries proved correct,

for on its being loosened by the frosts of a severe winter, it fell,

and its religious distinction became immediately apparent from the

sculpture with which it was adorned.--_Eddowes' Shrewsbury Journal_,

5th October, 1889.

[49] _Gent. Mag. Lib. Popular Superstitions_, 121. The importance of

this tradition may be tested by reference to my book on the _Governance

of London_, 96-98.

[50] _Archaeologia_, xxvi. 369-370. One could give many additional

examples from all parts of the country, and undoubtedly they are worth

collecting. I cannot refrain from quoting the following, as it is from

an out-of-the-way source. At Seagry, in Wilts, is an ancient farm, one

field of which was known as "Peter's Orchard." The author of a local

history records the following: "It has been handed down from generation

to generation that in a field on this farm a church was built on the

site of an ancient heathen burial ground. In order to test the accuracy

of this tradition, in the autumn of 1882 I had excavations made on the

spot, which I will now describe. The field contains about ten acres,

and presents a very singular appearance. In removing the sods, about

two feet from the surface we discovered extensive stone foundations,

extending for a considerable distance over the field. From the charred

appearance of the stones they had evidently suffered from fire, thus

supporting the tradition of some of the oldest inhabitants that the

ancient church had been destroyed by fire. On continuing the search we

found, about two feet below these foundations, a quantity of early

British pottery, the remains of broken urns, some charred bones, and

heads of small spears. The following is an extract from a letter which

I have received from a gentleman, whose family have been connected with

this parish for over two hundred years, and who has given me great

assistance. He says: My father was born at Startley in 1784, and

remained there until about 1840. Both he and my grandfather were deeply

imbued with old folklore. I well remember them constantly speaking of

the firm belief handed down to them of the heathen burial places at

Seagry, and of the supposed ruins of a church and some religious house

at Seagry. I think the discoveries made (on the very spot mentioned by

tradition) in August, 1882, are abundant proof that after the lapse of

more than nine centuries actual verification of the carefully

transmitted tradition has at last been found."--_Bath Herald_, 1st

September, 1883. If references to other examples were needed I should

like to note Sir William Wilde's illustration as to "how far the

legend, the fairy tale, the local tradition, or the popular

superstition may have been derived from absolute historic

fact."--_Lough Corrib_, 121, 123.

[51] _Echoes from the Counties_ (1880), p. 30.

[52] Grierson, _The Silent Trade_ (1903).

[53] Pearson's _Chances of Death_, ii. 90. The reader should consult

Dr. Pearson's entire study on this subject, chapters ix. and x., which

may be compared with Mr. MacCulloch's _Childhood of Fiction_, 5-15, and

more particularly with Mr. Hartland's _Science of Fairy Tales_.

[54] In 1881 I read a paper before the Folklore Society on "Some

Incidents in the story of the Three Noodles by means of reference to

facts," _Folklore Record_, iv. 211, and in 1883 I published in the

_Antiquary_, two papers on "Notes on Incidents in Folk-tales," based

upon the same idea.

[55] Introduction, p. lxix.

[56] Introduction, p. lxxvii.

[57] Page 12.

[58] _Ibid._, p. 26.

[59] _Ibid._, p. 5.

[60] _Tales of the Highlands_, i. p. 251.

[61] Kennedy, _loc. cit._, p. 77.

[62] _Ibid._, p. 90.

[63] See Beda, _Hist. Ecclesia_, lib. i. cap. 25.

[64] See vol. i. p. 253.

[65] Miss Frere's _Old Deccan Days_, p. 279.

[66] AElian, _Var. Hist._, lib. xiii. cap. xxxiii.

[67] _Folklore Record_, vol. iv. p. 57.

[68] _Asiatic Researches_, xvii. p. 502.

[69] _Folklore Record_, vol. iii. p. 284.

[70] Campbell's _Popular Tales of the West Highlands_, i. 308.

[71] Joyce, _Old Celtic Romances_, 38, 75, 153, 177, 270. In the _Silva

Gadelica_, by Mr. Standish O'Grady, the assembly is described sitting

in a circle, vol. ii. p. 159, and Tara is also described, vol. ii. 264,

358, 360, 384.

[72] Miss Cox's admirable study and analysis of the Cinderella

group of stories includes the Catskin variants, which number

seventy-seven.--_Cinderella_, pp. 53-79.

[73] _Studies in Ancient History_, p. 62.

[74] Sproat's _Scenes and Studies of Savage Life_, p. 96.

[75] See his _Early Hebrew Life_, p. 85.

[76] Frazer, _Adonis, Attis, and Osiris_, 27-28.

[77] Todd and Herbert, _Irish Version of Nennius_, p. 89.

[78] _Indian Antiq._, iii. 32.

[79] _Laws of Manu_ (Buehler), ix. 127; _Apastamba Gautama_ (Buehler),

xxviii. 18.

[80] Sir Henry Maine in his _Early Law and Custom_, p. 91.

[81] A most remarkable instance of an actual case of running away from

a marriage, resulting in adventures which might easily become folk-tale

adventures if the story were once started on its traditional life, is

to be found in Shooter's _Kafirs of Natal and the Zulu Country_, pp.

60-71.

[82] _West Highland Tales_, vol. i. p. lxix.

[83] Kennedy's _Fireside Stories of Ireland_, p. 64.

[84] _Old Deccan Days_, p. 52.

[85] _Ibid._, p. 233.

[86] "Standing-place."

[87] _Journ. Ethnol. Soc._, _loc. cit._

[88] _New Statistical Account of Scotland_, xiv. 273.

[89] Ure's _Agriculture of Kinross_, 57.

[90] _Archaeologia_, l. 195-214.

[91] Du Chaillu's _Land of the Midnight Sun_, i. 393.

[92] Tupper, _Punjab Customary Law_, ii. 188.

[93] _Cobden Club Essays--Primogeniture._

[94] Morris, _Saga Library_, ii. 194.

[95] _Journ. Ethnol. Soc._, ii. 336.

[96] Elton, _Origins of English History_, 91; _cf._ Du Chaillu, _Land

of the Midnight Sun_, i. 393; Morris's _Sagas_, ii. 194.

[97] Breeks, _Hill Tribes of India_, 108.

[98] Mavor's _Collection of Voyages_, iv. 41.

[99] _Anecdotes and Traditions_ (Camden Soc.), 85.

[100] _Mythologie der Volkssagen und Volksmaerchen._

[101] Geiger, _Hist. Sweden_, 31, 32.

[102] Elton, _Origins of English History_, 92.

[103] Aubrey, _Remaines of Gentilisme and Judaisme_, 14.

[104] Nutt, _Legend of the Holy Grail_, 44.

[105] _Gentleman's Magazine_, 1850, i. 250-252.

[106] _Journ. Ethnol. Soc._, ii. 337.

[107] Elton's _Origins_, 92.

[108] Mr. Jacobs (_Folklore_, i. 405) objected to my interpretation of

this story because--first, the Latin rhyme appearing in the Gaelic

tale, the twelfth-century Latin story and the German inscription "tell

for the origination of the story in one single place in historic

times;" and, secondly, because a Kashmir story (Knowles' _Folk-tales of

Kashmir_, 241), based on the same main incident, omits the minor

incident of the mallet altogether. The answer to the first objection is

that the Latin rhyme has been attached, in historic times, to the

ancient folk-tale; and to the second objection, that the Kashmir story

preserves the main incident of surrender of property upon reaching old

age, and omits the more savage incident of killing, because the Kashmir

people are in a stage of culture which still allowed of the surrender

of property, but, like the Scandinavians, did not allow of the killing

of the aged. Similarly, an English parallel to this form of the variant

is preserved by De la Pryme in his _Diary_ (Surtees Society), 162. It

must be remembered that the Kashmiris occupy a land which is referred

to by Herodotos (iii. 99-105) as in the possession of people who killed

their aged (_cf._ Latham, _Ethnology of India_, 199); and if my reading

of the evidence is correct, this is also the case of the Highland

peasant.

[109] Dr. Pearson advocates statistical methods in his _Chances of

Death_, ii. 58, 75-77, and shows by examples the value of them.

[110] MacCulloch, _Childhood of Fiction_: "Some of the things which in

these old-world stories form their fascination, have had their origin

in sordid fact and reality" (p. vii).

[111] Buehler, _Laws of Manu_, i.: "In Vedic mythology Manu is the heros

eponymos of the human race and by his nature belongs both to gods and

to men" (p. 57). _Cf._ Burnell and Hopkins, _Ordinances of Manu_, p.

25.

[112] _Early Law and Custom_, 5.

[113] Pausanias, iii. 2(4).

[114] Maine, _Ancient Law_, 4; Grote, _Hist. of Greece_, iii. 101.

[115] Ortolan, _Hist. Roman Law_, 50; Maine, _Early Law and Custom_, 6.

[116] Morris, _Saga Library_, i. p. xxx; Dasent, _Burnt Njal_, i. xlvi.

[117] _Early Law and Custom_, 162.

[118] Manx Society Publications, xviii. 21-22.

[119] Strabo, lib. xv. cap. 1, pp. 709, 717; J. D. Mayne, _Hindu Law

and Usage_, 4, 13.

[120] Mackenzie, _Roman Law_, 11; _cf._ Pais, _Anc. Legends of Roman

Hist._, 139.

[121] Dasent, _Burnt Njal_, i. p. lvii, and Vigfusson and Powell,

_Origines Islandicae_, i. 348.

[122] _Anc. Laws of Ireland_, iv. p. vii.

[123] This appears very strongly in the famous twelfth-century law case

which Longchamp pleaded so successfully. _Rotuli curia Regis_, i. p.

lxii.

[124] _Early Law and Custom_, 9; _cf._ Burnell and Hopkins, _Ordinances

of Manu_, pp. xx, xxxi. It is worth while quoting here the following

interesting note from a letter from the Marquis di Spineto printed in

Clarke's _Travels_, viii. 417:--

"From the most remote antiquity men joined together, and wishing either

to amuse themselves or to celebrate the praises of their gods sang

short poems to a fixed tune. Indeed, generally speaking, _the laws by

which they were governed_, the events which had made the greatest

impression on their minds, the praises which they bestowed upon their

gods or on their heroes were all sung long before they were written,

and I need not mention that according to Aristotle this is the reason

why the Greeks gave the same appellation to laws and to songs."

[125] The references are all given in Smith's _Dict. of Greek and Roman

Antiquities_ sub [Greek: nomos]. Aristotle in the _Problems_, 19, 28,

definitely says, "Before the use of letters men sang their laws that

they might not forget them, as the custom continues yet among the

Agathyrsoi."

[126] Lib. xii. cap. ii. 9.

[127] _Hist. English Commonwealth_, 43.

[128] _Anc. Laws of Ireland_, iv. pp. viii, x.

[129] Hampson's _Origines Patriciae_, 106-107; Kemble, line 5763 _et

seq._

[130] Proctor's _History of the Book of Common Prayer_, p. 410.

[131] _Hist. Eng. Commonwealth_, ii. p. cxxxvi. Littleton points out

the legal antiquity and importance of these words: "no conveyance can

be made without them." See Wheatley's _Book of Common Prayer_ (quoting

Littleton), p. 406.

[132] The York manual had the additional clause, "for fairer for

fouler." See Wheatley, _loc. cit._, p. 406.

[133] Palgrave, _loc. cit._

[134] _Ibid._

[135] _Manuale et processionale ad usum insiquis ecclesiae Evoracensis_,

Surtees Society, 1875. See also _Gentleman's Magazine_, 1752, p. 171;

Proctor's _History of the Book of Common Prayer_, p. 409, for other

examples.

[136] Palgrave, _English Commonwealth_, i. 43.

[137] Chambers, _Popular Rhymes of Scotland_, 115.

[138] Sinclair's _Stat. Acc. of Scotland_, x. 534.

[139] Chambers, _Book of Days_, January 19; Nichols, _Fuller's

Worthies_, 494.

[140] _Diary of De la Pryme_ (Surtees Society), 126. It may be noted

here that Kelly, _Curiosities of Indo-European Traditions_, 179, notes

the preservation of an ancient law for the preservation of the oak and

the hazel in a traditional proverbial rhyme.

[141] Hazlitt, _Tenures of Land_, 80; other examples refer to the

Hundred of Cholmer and Dancing, in Essex, 75; to Kilmersdon, in

Somersetshire, 182; to Hopton, in Salop, 165. John of Gaunt is

responsible for many of these curious and interesting remains of tribal

antiquity. Bisley's _Handbook of North Devon_, 28, refers to one

relating to the manor of Umberleigh, near Barnstaple, and I have a note

from Mr. Edmund Wrigglesworth, of Hull, of a parallel to this being

preserved by tradition only. There is a tradition respecting the estate

of Sutton Park, near Biggleswade, Bedfordshire, which states that it

formerly belonged to John of Gaunt, who gave it to an ancestor of the

present proprietor, one Roger Burgoyne, by the following grant:--

"I, John of Gaunt,

Do give and do grant,

To Roger Burgoyne

And the heirs of his loin

Both Sutton and Potton

Until the world's rotten."

Potton was a neighbouring village to Sutton. There is a moated site in

the park called "John o' Gaunt's Castle," see _Notes and Queries_,

tenth series, vi. 466. _Cf._ Aubrey, _Collections for Wilts_, 185, for

an example at Midgehall; Cowell's _Law Interpreter_, 1607, and the

_Dictionarum Rusticum_, 1704, for the custom of East and West Enborn,

in Berks, which was made famous by Addison's _Spectator_ in 1714.

[142] Sometimes these are called "burlesque conveyances." See an

example quoted in _Hist. MSS. Commission_, v. 459.

[143] It is well to bear in mind the great force of ancient tribal law,

which was personal, upon localities. Nottingham is divided into two

parts, one having primogeniture and the other junior right as the rule

of descent. Southampton and Exeter have also local divisions. But

perhaps the most striking example is at Breslau, where there

co-existed, until 1st January, 1840, five different particular laws and

observances in regard to succession, the property of spouses, etc., the

application of which was limited to certain territorial jurisdictions;

not unfrequently the law varied from house to house, and it even

happened that one house was situated on the borders of different laws,

to each of which, therefore, it belonged in part; Savigny, _Private

Int. Law_, cap. i. sect. iv.

[144] _Academy_, February, 1884; _Percy Reliques_, edit. Wheatley, i.

384.

[145] _Trans. British. Association_, 1847, p. 321.

[146] Series No. V., published in 1895.

[147] _Philological Society Papers_, 1870-2, pp. 18, 248; Dr. Murray

gives the air in an appendix. See also a note by Mr. Danby Fry in the

_Antiquary_, viii. 164-6, 269-70; and _The Hawick Tradition_, by R. S.

Craig and Adam Laing, published at Hawick in 1898.

[148] Squire, _Mythology of the British Islands_, 69.

[149] Wilde, _Lough Corrib_, 210-248. Sir William Wilde has studied the

details of this great fight with great care, and it is impossible to

ignore his evidence as to the monuments of it being extant to this day

among the recorded antiquities of Ireland. The battle lasted four days.

The first day the Fir-Bolg had the best of the fighting, and

pillar-stones erected to the heroes who fell are still in situ.

Clogh-Fadha-Cunga, or long stone of Cong, which stood on the old road

to the east of that village and a portion of which, six feet long, is

still in an adjoining wall, being erected to Adleo of the Dananians,

and Clogh-Fadha-Neal, or long stone of the Neale, at the junction of

the roads passing northwards from Cross and Cong, commemorating the

place where the king stood during the battle. After the battle each

Fir-Bolg carried with him a stone and the head of a Danann to their

king who erected a great cairn to commemorate the event, and this must

be the cairn of Ballymagibbon which stands on the road passing from

Cong to Cross. The well of Mean Uisge is identified as that mentioned

in the MS. accounts of the battle, connected with a striking incident.

After a careful examination of the locality, says Sir William Wilde,

with a transcript of the ancient MS. in his hand, he was convinced of

the identity of a stone heap standing within a circle as the place

where the body of the loyal Fir-Bolg youth was burned. The second day's

battle surged northwards, and at the western shores of Lough Mask,

Slainge Finn, the king's son, pursuing the two sons of Cailchu and

their followers, slew them there, and "seventeen flag stones were stuck

in the ground in commemoration of their death," and by the margin of

the lake in the island of Inish-Eogan there stands this remarkable

monument to this hour. The line of the Fir-Bolg camp can still be

traced with wonderful accuracy. Caher-Speenan, the thorny fort, was a

part of this camp, and still exists. More to the south-east, on the

hill of Tongegee, are the remains of Caher-na-gree, the pleasant fort,

and still further to the east are Lisheen, or little earthen fort, and

Caher-Phaetre, pewter fort. Other forts also exist to give evidence both

of the Fir-Bolg and the Danann lines. The Danann monuments are situate

in the fields opposite the glebes of Nymphsfield. Five remarkable stone

circles still remain within the compass of a square mile, and there are

traces of others. The Fir-Bolgs were defeated on the fourth day and

their king Eochy fell fighting to the last. "A lofty cairn was raised

over his body, and called Carn Eathach, from his name." On the grassy

hill of Killower, or Carn, overlooking Lough Mask, stands to this hour

the most remarkable cairn in the west of Ireland, and there is little

doubt this is the one referred to in the ancient tradition as

commemorating the death of the last Fir-Bolg king in Erin.

[150] Squire, _op. cit._, 76, 138.

[151] Squire, _op. cit._, 230.

[152] Squire, _Mythology_, 399.

[153] See _Life and Writings_ by Oliver Elton, ii. 224.

[154] _Governance of London_, 110-113.

[155] _Celtic Heathendom_, 125-133.

[156] See Bathurst, _Roman Antiquities of Lydney Park_, plates viii.,

xiii., for the famous example dealt with by Sir John Rhys; and Stuart,

_Caledonia Romana_, 309, plate ix. fig. 2, for a dedication to the

"Deities of Britain."

[157] See his _Stonehenge and Other British Stone Monuments_, chap.

xxii.

[158] See _Folklore_, xv. 306-311, for the Greek evidence; and xvii.

30, 164, for the Irish evidence.

[159] Frazer, _Golden Bough_ (2nd ed.), iii. 236-316. Mr. Frazer,

however, is inclined to review his explanation of bonfires as

sun-charms; see his _Adonis, Attis and Osiris_, 151, note 4.

[160] The specialisation of the fire cult is illustrated by the Hindu

myth of the Angiras, see Wilson, _Rig Veda Sanhita_, i. p. xxix.

[161] Gummere, _Germanic Origins_, 400-2.

[162] It will be convenient to give the references for the various

details of savage life in Britain. The original extracts are all given

in _Monumenta Historica Britannica_ and in Giles' _History of Ancient

Britons_, vol. ii. Ireland--cannibalism: Strabo, iv. cap. 5, 4, p. 201,

Diodoros, v. 32; promiscuous intercourse: Strabo; birth ceremony:

Solinus, xxii. Scotland--human sacrifice: Solinus, xxii.; promiscuous

intercourse, Solinus, cap. xxii., Xiphilinus from Dio in _Mon. Brit.

Hist._, p. lx., and St. Jerome adv. Jovin., v. ii. 201; nakedness,

Herodian in _Mon. Brit. Hist._, p. lxiv, and Xiphilinus, _ibid._, p.

lx. Britain--head-hunting, Strabo, iv. 1-4, pp. 199-201, Diodoros, v.

29; tattooing, Caesar, _De bello Gallico_, v. 12, Pliny, _Nat. Hist._,

xxii. i. (2); promiscuous intercourse, Caesar, _ibid._, v. 14,

Xiphilinus in _Mon. Brit. Hist._, p. lvii.

[163] _History of England under the Anglo-Saxon Kings_, i. 14.

[164] Innes' _Critical Essay_, 45, 51, 56, 240.

[165] O'Curry's _Manners and Customs of Ancient Irish_, i. p. vi. Dr.

Whitley Stokes has criticised O'Curry's translations as bad, "not from

ignorance, but to a desire to conceal a fact militating against

theories of early Irish civilisation."--_Revue Celtique_, iii. 90-101.

[166] Turner, _Hist. of Anglo-Saxons_, i. 64-74; Palgrave, _Eng. Com._,

i. 467-8.

[167] Giles' _History of Anc. Britons_, i. 231, referring to parallel

customs among the Chinese.

[168] Elton, _Origins of English History_, 82.

[169] Rhys, _Celtic Britain_, 55.

[170] _Celtic Heathendom_, 320, note.

[171] I have dealt with this in my _Ethnology in Folklore_, 36-40.

[172] Skene, _Celtic Scotland_, i. 59, 84.

[173] Pearson, _Hist. of England during the Early and Middle Ages_, i.

15, 21, 35.

[174] Ramsay, _Foundations of England_, i. 9, 11, 30.

[175] Lang, _Hist. of Scotland_, i. 3-5.

[176] Joyce, _Social Hist. of Ireland_, i. 19.

[177] In addition to Mr. Lang and Dr. Joyce, who are folklorists as

well as historians, and who as we have seen do deal with these records

scientifically, the folklorist goes out of his way to reject these

records. Thus Mr. Squire says that "the imputation" which Caesar makes

as to polyandrous customs "cannot be said to have been proved,"

_Mythology of the British Islands_, 30.

[178] _Village Communities_, 17.

[179] _Principles of Sociology_, i. 714.

[180] _Arch. Cambrensis_, 6th ser. v. 3.

[181] _Journ. Anthrop. Inst._, xx. 259.

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