Folklore as an Historical Science Part 15

[239] Wilde, _Catalogue of Museum of Royal Irish Academy_, 99; Joyce, _Social Hist. of Anc. Ireland_, ii. 27.

[240] _Tour in Ireland_, 1775, p. 144; _Gent. Mag._, v. 680.

[241] Hutchinson, _Hist. of c.u.mberland_, i. 216.

[242] James Clarke, _Survey of the Lakes_, 1789, p. xiii; _Berwickshire Nat. Field Club_, ix. 512.

[243] Clarke, _Survey of the Lakes_, pp. x, xv. Referring to the statutes enacted as a result of the Commissioners' work the facts are as follows: There were certain franchises in North and South Tynedale and Hexhamshire, by virtue of which the King's writ did not run there.

[Tynedale, though on the English side of the border, was an ancient franchise of the Kings of Scotland.] In 1293 Edward I. confirmed this grant in favour of John of Balliol (1 Rot. Parl., 114-16), and the inhabitants took advantage of this immunity to make forays and commit outrages in neighbouring counties. In the year 1414, at the Parliament holden at Leicester, "grievous complaints" of these outrages were made "by the Commons of the County of Northumberland." It was accordingly provided (2 Henry V., cap. 5) that process should be taken against such offenders under the common law until they were outlawed; and that then, upon a certificate of outlawry made to lords of franchises in North and South Tynedale and Hexhamshire, the offender's lands and goods should be forfeited. In 1421 the provisions of this statute were extended to like offenders in Rydesdale, where also the King's writ did not run (9 Henry V., cap. 7). Still these excesses continued in Tynedale. By an enactment of Henry VII. (2 Henry VII., cap. 9) this "lordship and bounds" were annexed to the county of Northumberland. "Forasmuch," the preamble sets forth, "as the inhabitants and dwellers within the lordships and bounds of North and South Tyndale, not only in their own persons, but also oftentimes accompanied and confedered with Scottish ancient enemies to this realm, have at many seasons in time past committed and done, and yet daily and nightly commit and do, great and heinous murders, robberies, felonies, depredations, riots and other great trespa.s.ses upon the King our Sovereign lord's true and faithful liege people and subjects, inhabiters and dwellers within the shires of Northumberland, c.u.mberland, and Westmoreland, Exhamshire [_sic_], the bishopric of Durham and in a part of Yorkshire, in which treasons, murders, robberies, felonies, and other the premises, have not in time past in any manner of form been punished after the order and course of the common law, by reason of such franchise as was used within the same while it was in the possession of any other lord or lords than our Sovereign lord, and thus for lack of punishment of these treasons, murders, robberies and felonies, the King's true and faithful liege people and subjects, inhabiters and dwellers within the shires and places before rehea.r.s.ed, cannot be in any manner of surety of their bodies or goods, neither yet lie in their own houses, but either to be murdered or taken or carried into Scotland and there ransomed, to their great destruction of body and goods, and utter impoverishing for ever, unless due and hasty remedy be had and found," it is therefore provided that North and South Tynedale shall from thenceforth be gildable, and part of the shire of Northumberland, that no franchise shall stand good there, and the King's writ shall run, and his officers and all their warrants be obeyed there as in every other part of that shire. Further, lessees of lands within the bounds are to enter into recognisances in two sureties to appear and answer all charges.

[244] See my _Ethnology in Folklore_, cap. vi.

[245] Hickson, _North Celebes_, 240.

[246] Mitch.e.l.l's _Australian Expeditions_, i. 246.

[247] See my _Village Community_, 18; Stewart's _Highlanders of Scotland_, i. 147, 228.

[248] _Notes and Queries_, second series, iv. 487.

[249] Wild, _Highlands, Orcadia and Skye_, 196.

[250] The psychology of primitive races is now receiving scientific attention, thanks chiefly to Dr. Haddon and the scholars who accompanied him upon his Torres Straits expedition in 1898. The volume of the memoirs of this expedition which relates to psychology has already been published, and students should consult it as an example of scientific method.

[251] One is reminded of the famous Shakespearian emendation whereby Falstaff on his death-bed "babbled o' green fields."

[252] Shortland, _New Zealanders_, 107. An Algonquin backbone story is quoted by MacCulloch, _Childhood of Fiction_, 92, and he says, "the spine is held by many people to be the seat of life," 93 and _cf._ III.

_Cf._ Frazer, _Adonis, Attis, and Osiris_, 277.

[253] _Gent. Mag. Lib._, _Popular Superst.i.tions_, 122.

[254] _County Folklore, Suffolk_, 2.

[255] _Hardwick's Science Gossip_, vi. 281; _cf._ Worsaae, _Danes and Norwegians_, 25.

[256] _Journ. Asiatic Soc., Bengal_, xiv. 479.

[257] King, _Munimenta Antiqua_, i. 195-6; _Gent. Mag. Lib._, _Archaeology_, i. 319-321; Hutchinson, _Hist. c.u.mberland_, i. 226.

[258] _Arch. Journ._, xv. 204.

[259] Sinclair, _Stat. Acct. of Scotland_, xv. 191.

[260] _Journ. Anthrop. Inst._, i. 2; _Gent. Mag. Lib._, _Archaeology_, i. 21.

[261] _Archaeologia_, xxv. 198.

[262] _Gent. Mag._, 1751, pp. 110, 182.

[263] Some Irish examples are collected in _Folklore Record_, v.

169-172.

[264] Sinclair, _Stat. Acct. of Scotland_, xv. 111.

[265] _Trans. Cymmrodorion Soc._ (1822), i. 170.

[266] It is not worth while, perhaps, to pursue this part of our subject into further regions. It is to be sought for in innumerable pamphlets, such, for instance, as those relating to the Civil War.

Beesley, _Hist. of Banbury_, 334, mentions one, the t.i.tle of which I will quote: "A great Wonder in Heaven shewing the late Apparitions and prodigious noyses of War and Battels seen on Edge Hill neere Keinton,"

and the contents are "Certified under the hands of William Wood Esq and Justice for the Peace in the said Countie, Samuel Marshall, Preacher of G.o.d's Word in Keinton, and other Persons of Qualitie." The date is exactly three months after the battle of Edgehill, "London, printed for Thomas Jackson, January 23rd, 1642-3."

[267] _West of England Magazine_, February, 1888.

[268] Henderson, _Folklore of the Northern Counties_, 146; Napier, _Folklore of West of Scotland_, 140; Dalyell, _Darker Superst.i.tions of Scotland_, 142; _Choice Notes_ (_Folklore_), 8; Brand, iii. 300; Dyer, _English Folklore_, 146, 153 (Hereford, Lincoln, and Yorks).

[269] Wilde, _Catalogue of Royal Irish Academy_, 131.

[270] _Folklore Record_, iv. 105.

[271] Rev. R. H. Ryland, _Hist. of Waterford_, 271.

[272] Wilde, _Beauties of the Boyne_, 45; Croker, _Researches in South of Ireland_, 170; _Revue Celtique_, v. 358.

[273] Blake, _Letters from the Irish Highlands_, 130-131.

[274] _Church Folklore_, by Rev. J. E. Vaux, is a collection of material, and does not attempt to give any indication of its value.

[275] Lea, _Superst.i.tion and Force_, 28.

[276] _Journ. Brit. Arch. a.s.soc._, xxv. 142; Rev. W. Bingley, _North Wales_, 216-217.

[277] Sacheverell, _Voyage to Isle of Man_, 132.

[278] Tylor, _Primitive Culture_, i. 115; Landt, _Origin of the Priesthood_, 85; Henderson, _Folklore of Northern Counties_, 32-33; _Folklore Record_, i. 46.

[279] Pearson's _Chances of Death_, ii. cap. ix., "Woman as Witch;"

Gomme, _Ethnology in Folklore_, 48-62.

[280] _Daily Chronicle_, 15th February, 1879.

[281] _Leigh Chronicle_, 19th April, 1879.

[282] _Somerset County Gazette_, 22nd January, 1881.

[283] _Standard_, 3rd April, 1895. The full details are reprinted in _Folklore_, vi. 373-384.

CHAPTER IV