This page has been proofread, but needs to be validated.
448
CONCLUSION.

and that he shall treat it as an accretion to be deducted from professed history, whenever it is recognized by the tests of being decidedly against evidence as fact, and at the same time clearly explicable as myth. It is from the ethnographic study of savage and barbaric races that the knowledge of the general laws of myth-development, required for the carrying out of this critical process, may be best or must necessarily be gained.

The two vast united provinces of Morals and Law have been as yet too imperfectly treated on a general ethnographic scheme, to warrant distinct statement of results. Yet thus much may be confidently said, that where the ground has been even superficially explored, every glimpse reveals treasures of knowledge. It is already evident that enquirers who systematically trace each department of moral and legal institutions from the savage through the barbaric and into the civilized condition of mankind.thereby introduce into the scientific investigations of these subjects an indispensable element which merely theoretical writers are apt unscrupulously to dispense with. The law or maxim which a people at some particular stage of its history might have made fresh, according to the information and circumstances of the period, is one thing. The law or maxim which did in fact become current among them by inheritance from an earlier stage, only more or less modified to make it compatible with the new conditions, is another and far different thing. Ethnography is required to bridge over the gap between the two, a very chasm where the arguments of moralists and legists are continually falling in, to crawl out maimed and helpless. Within modern grades of civilization this historical method is now becoming more and more accepted. It will not be denied that English law has acquired, by modified inheritance from past ages, a theory of primogeniture and a theory of real estate which are so far from being products of our own times that we must go back to the middle ages for anything like a satisfactory explanation of them ; and as for more absolute