Part 15 (1/2)

[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; _Berwicks.h.i.+re 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 Hexhams.h.i.+re, 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 Hexhams.h.i.+re, 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 ”lords.h.i.+p and bounds” were annexed to the county of Northumberland. ”Forasmuch,” the preamble sets forth, ”as the inhabitants and dwellers within the lords.h.i.+ps 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 s.h.i.+res of Northumberland, c.u.mberland, and Westmoreland, Exhams.h.i.+re [_sic_], the bishopric of Durham and in a part of Yorks.h.i.+re, 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 s.h.i.+res 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 impoveris.h.i.+ng 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 s.h.i.+re 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 s.h.i.+re. 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.