[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_ (Buhler), ix. 127; _Apastamba Gautama_ (Buhler), 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 Volksmarchen._

[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] Buhler, _Laws of Manu_, i.: "In Vedic mythology Manu is the heros eponymos of the human race and by his nature belongs both to G.o.ds 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. x.x.x; 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.