Page:The Folk-Lore Journal Volume 3 1885.djvu/388

380 1878, the Society owes its origin, they will readily understand that the loss of Mr. Thoms is one which is not likely to be replaced. Most of Mr. Thoms's writings on folk-lore were printed in Notes and Queries, the old Gentleman's Magazine and other journals; but his well-known Lays and Legends of Various Nations, published in 1834, is now a scarce volume. For the Camden Society he edited a portion of Aubrey's MS. since published by the Society in its entirety; among his tracts is one on The Folk-lore of Shakespeare; and under the title of The Old Story Books of England, by Ambrose Merton, Gent. F.S.A. he printed some well-known nursery tales.

The importance to folk-lorists of this, the latest work of the author of La cité antique, will be evident when we say that it is the most able and telling onslaught yet made upon the current theories of land tenure and of judicial organisation among our Teutonic forefathers, and when it is remembered how deeply those theories have influenced all recent studies of early customs and institutions. Much of the best and most solid work of folk-lore has been done in accordance with theories of which Sir Henry Maine is the most recognised exponent in this country. It is against that conception of early society which Englishmen chiefly associate with the author of Village Communities that, in so far as it is based upon Teutonic custom, M. Fustel de Coulanges argues. Whatever view be held respecting the success of his attack there can be no two opinions as to its weightiness, and the scientific spirit in which it is urged.

The most important question dealt with in this work may be stated as follows: Was the system of land tenure among the early German tribes communal? and is the mark-organisation, as we find it in the