CHAPTER XV.

_THE DECLARATION OF WAR._

I think we have already distinct evidence that the Fecial Law was something more than our Treaty and Diplomatic Law. Let us examine it more particularly in action. If the law of nations ever was appealed to, and, if over and above, there was a tradition of a Divine revelation, or even of a prescriptive law founded on natural right, and having reference to war, which was ever invoked, it would have been in the first instance of aggression, supposing, as is implied in the term, that it was without fair cause and without fair warning. The declaration of war, therefore, is manifestly the hinge upon which the whole system of the law of nations turns.[324] Accordingly, the further we go back the more solemn and formal do we find the declaration of war to be.

[324] I must here do Mr Urquhart the justice to point out that he has been the principal advocate of this doctrine, that the declaration of war is the turning-point upon which everything depends, and more than any other man has laboured to enforce it. (_Vide_ "Effects on the World of the Restoration of Canon Law," by D. Urquhart, 1869.) At p. 61, Mr Urquhart refers to the action taken by the Fecials. I have the misfortune to differ with Mr Urquhart on many points, but I have pleasure in bearing testimony as above.

"In every instance the declaration of war was accompanied by _religious formalities_. When the Senate believed that it had cause of complaint against a nation, it sent a Fecial to his frontier. There the pontiff, his head bound with a woollen veil,[325] exposed the griefs of the Romans and demanded satisfaction. If it was not granted, he went back to render an account of his mission to the Senate, ... and after a delay of thirty or thirty-three days they voted a declaration of war. Then the Fecial returned to the frontier, and, _casting a javelin_ into the enemy's country, he pronounced the following formula--'Quod populus Hermundulus,' &c.... Every war which had not been declared in this manner was considered as unjust, and certain to incur the displeasure of the gods. In the _course of time_ this solemn declaration was replaced by a vain formality."[326]

[325] The Very Rev. Dr Rock ("Textile Fabrics," p. xii.) says--"The ancient British speciality was wool, and the postulants asking admission to the different castes, the sacerdotal, bardic, and the leeches or natural philosophers, were distinguished by _stripes_ of white [Cicero (De Legibus, ii. 18) says, "Color autem albus præcipere decorus deo est quum in cateris tum maxima in textili"], blue, and green severally on their mantles, although the bards themselves were distinguished by some one of the colours above-mentioned (_vide infra_). [The significance of this will be noted at p. 391.] I may further remark, parenthetically, that here is an instance of national civilisation being _pari passu_ with religious traditions. The British speciality was wool--_query_, because "of the heavy stress laid upon the rule which taught that the official colour in their dress," &c. (_Id., vide ante_, chap. xii. p. 292.)

St Paul says (Heb. ix. 19), "For when every commandment of the Lord had been read by Moses to all the people, he took the blood of calves and goats, with water, and scarlet _wool_, and hyssop, and sprinkled both the book itself and all the people" (Goguet, "Origin of Laws," ii. p. 9). The Spaniards in 1643 made a treaty of peace with the Indians of Chili; they have preserved the memory of the forms used at the ratification. It is said that the Indians killed many sheep, and stained in their blood a _branch_ of the cane-tree, which the deputy of the Caciques put into the hands of the Spanish general in token of peace and alliance." Goguet also refers to Heb. ix. 19.

[326] De Fresquet, "_Droit Romain_," i. 48.

Montfauçon ("L'Antiquité Expliquée," ii. 1, p. iv., p. 35) says:--

"Lorsqu'ils alloient parlementer, ils avoient sur la tête un voile tissu de laine,[327] et ils étoient couronnéz de vervaine: leur office étoit d'impêcher que les Romains n'entreprissent point de guerre injuste: d'aller comme legats vers les nations qui violoient les traitez, etc.... ils prenoient aussi connaissance faits au legats de _part et d'autre_. Quand la paix ne se trouvoit pas faite selon les loix, ils la declaroient nulle. Si les commandans avoient fait quelque chose _contre la justice et contre le droit des gens_, ils reparoient leur faute et expioient leur crime, ... à cause du violement des traites faits devant Numance, dit Ciceron par un décret du Senat le Patrapatratus livra, C. Mancinus aux Numantins."[328]

[327] Compare with the description of Saturn, "Saturnus, velato capite falcam gerens."--_Fulgent. Mythol._ i. c. 2.

[328] In the above extract from Montfauçon it should have been added, that when the Romans sent one of their fecials to declare war he went in sacerdotal habit--"Arrivant au confins de la ville, il _appelloit_ à temoins Jupiter et les autres dieux comme il alloit demander réparation de l'injure au nom des Romains, il faisoit des _imprécations_ sur lui et sur la ville de Rome, s'il disoit rien contre la vérité, et continuoit son chemin ... s'il rencontroient quelque citoien quelque payisan (paysan) il _repétoit toujours_ ses imprécations," &c.

We must content ourselves, of course, with what evidence we may get of similar institutions elsewhere; but what strikes me as strange in the contrast of modern civilisation with barbarism, is, that whereas our advances, whether in the sense of peace and war (whenever they are formally made), are commonly understood, the corresponding demonstrations on the side of barbarism are invariably misconstrued.

When, for instance, Captain Cook approached the shores of Bolabola, he describes the following scene, which reads to me very like the account we have just been reading of the Roman herald:--

"Soon after a _single man_ ran along the shore armed with _his lance_, and when he came abreast of the boat he began to dance, brandish his weapon, and call out in a very _shrill tone_, which Tupia [a native of an adjacent island who was on board] said was a _defiance from the people_.... As the boat rowed slowly along the shore back again, _another_ champion came down, shouting defiance, and brandishing his lance. His appearance was more formidable than that of the other, for he wore a large cap made of the tail feathers of the topia bird, and his body was covered _with stripes of different coloured cloth_, _yellow, red, and brown_.... Soon after a more grave and elderly man came down to the beach, and hailing the people in the boat, inquired who they were, and from whence they came.[329]... After a short conference they all began _to pray very loud_. Tupia made his responses, but continued to tell us they were not our friends" (i. 119).

[329] A somewhat similar scene is also indistinctly traced in the following:--"Wood relates that on his visit to St Julian in 1670, in walking inland he 'met seven savages, who came running down the hill to us, making _several signs_ for us to go back again, with much warning and noise, yet did _not offer to_ draw their arrows. But one of them who was _an old man_ came nearer to us than the rest, and made also signs we should depart, to whom I threw a knife, a bottle of brandy, and a neckcloth, to pacify him; but seeing him persist in the _same signs as before_, and that the savageness of the people seemed incorrigible, we returned on board again.'" Quoted by R. O. Cunningham, "Natural History of the Straits of Magellan and West Coast of Patagonia," 1871, p. 143. A similar scene is described by Roggerwsen in his voyage, I think, to Easter Island.

This, in connection with the scene at Bolabola, recalls the mode of procedure in the Odyssey, ix. 95 (Pope), when Ulysses reaches

"The land of Lotus and the flowering coast. We climbed the beach and springs of water found, Then spread our hasty banquet on the ground. Three men were sent deputed from the crew (A herald one) the dubious coast to view, And learn what habitants possessed the place. They went and found a hospitable race, Not prone to ill, nor strange to foreign guest: As our dire neighbours of Cyclopean birth."

Let this be taken in connection with the following narrative:--[330]

"The large canoes came close round the ship, some of the Indians playing on a kind of flute, others singing, and the rest blowing on a sort of shells. Soon after, a large canoe advanced, in which was an awning, on the top of which sat _one_ of the natives holding some _yellow_ and _red_ feathers in his hand. The captain having consented to his coming alongside, he delivered the feathers, and while a present was preparing for him, he put back from the ship, and _threw the branch_ of a cocoa-tree in the air. This was doubtless the _signal_ for an onset, for there was an instant shout from all the canoes, which, approaching the ship, threw volleys of stones into every part of her."

[330] _Vide_ Captain Wallis' Voyage, in "Hist. Account of all the Voyages round the World," 1773, iii. p. 79.

Here the question appears to me to be whether this act of throwing the branch, so analogous to the throwing the javelin, which was the final act in the Roman declaration of war (and to which our throwing down the glove or the gauntlet has analogy), was merely the signal to themselves, or whether it was not also the _notice_ of attack to the enemy. Upon this will depend whether we are to consider it a treacherous "ruse" (and the presentation of the feathers has that aspect), or whether it was their traditional mode of declaration of war, and construed to be a treacherous attack, because the gallant navigator belonged to a nation more ignorant of the laws of nations than the savages they encountered.

From the very fact of their having enacted this comedy or ceremonial, it must be inferred either that they attached some superstitious importance to its performance, and expected some good effects from it to themselves, or that they thought that it would be understood by their adversaries, in which case they must implicitly have believed it to be common to all nations.

In either case it is just possible that after the manner of savages, they may have confused the symbols of peace and war, and ran into one what the Romans had carefully distinguished--the "caduceatores",[331] who went to demand peace, and the "fecials," who were sent to denounce war.

[331] Caduceatores--compare _supra_, p. 348. In connection with these latter, let us inquire more particularly as to their wand of office, the _caduceus_. "In its _oldest_ form" it "was merely a _bough_ twined round with _white wool_; afterwards a white or gilded staff with imitations of _foliage_ and _ribands_ was substituted for the old rude symbol. These were probably not turned into snakes till a much later age, when that reptile had acquired a mystic character." Müller's explanation is that it was originally the _olive branch_ with the stemmata, which latter became developed into serpents.--_Encyc. of Arts and Sciences._ If, therefore, Müller's explanation is correct, the oldest form of the symbol of office of those who were the depositaries of laws of nations in the matter of peace and war, was a symbol which has a special history and significance in connection with the Deluge. Will this not tend to identify their institution with that epoch? It will, perhaps, be said that the branch of a tree is in any case a natural symbol of peace. But why a symbol or token at all? Why more than a simple gesture of salutation? unless the symbol embodied some idea which conveyed a pledge over and above? What, then, was this idea, unless the traditional idea? It may appear to us a natural emblem, but it is not so from association of ideas with the scriptural dove and olive branch? and yet consider how universal it is. Captain Cook's Voyages (i. p. 38; London, 1846) says, "It is remarkable that the chief, like the people in the canoes, presented to us the same symbol of peace that is known to have been in use _among the ancient_ and mighty nations of the northern hemisphere, _the green branch of a tree_." This occurred both in New Zealand and Otaheite. Wallis ("Voyages round the World," iii. 98) says that on an occasion when the Otaheitans wished to testify fidelity and friendliness, "the Indians cut branches from the trees and laid them in a _ceremonious_ manner at the feet of the seamen; they painted themselves _red_ with the berries of a tree, and stained their garments _yellow_ with the bark of another." We have, as we have just seen, found this symbol in the caduceus, and it appears to me that the caduceus in its earlier form of a staff with foliage and ribands, is recognisable in the Gothic monuments as given in Stephens' "Central America." _Vide_ also Cunningham's "Bhilsa Topes." Washington Irving ("Life of Columbus," iii. 214) speaks of the natives coming forward to meet them with _white flags_; and the same, if I remember rightly, is recorded in Cook's visit to the Sandwich Islanders. The _white flag_ is our own symbol; but what is the white flag but the development and refinement of the staff and white wool? Again, why are _stripes_, in a variety of combination of colour, the characteristic symbol of flags? The reader will find the answer on returning to the text, where he will also learn the significance of the red and yellow, in the above descriptions.

The red and yellow colours of the feathers in the above account may afford a clue, when it is remembered (_vide_ note), that they coincide with the colour used by the Otaheitans to testify fidelity and friendliness; but, to appreciate this in its full significance, it will be necessary to show how commonly the traditional symbols of peace among the ancients had reference to the diluvian traditions, more especially the Dove and the Rainbow.

Assuming for the moment that Bryant is right in his derivation of the names of Juno and Venus from Jönah (Hebrew), and [Greek: Oinas] (Greek) = Dove,[332] I ask attention to the following, in connection with the red and yellow feathers of the Polynesians, and the tail feathers of the topia bird mentioned by Cook (_supra_, p. 388).[333] (Bryant, ii. 345), "As the peacock, in the full expansion of his plumes, displays all the beautiful colours of the Iris (the rainbow), it was probably for that reason made the bird of Juno, instead of the dove, which was appropriated to Venus. The same history was variously depicted in different places, and consequently as variously interpreted." (Compare p. 279.)

[332] II. p. 317.

[333] _Vide_ also in Carver's "North America" (p. 296), an engraving of the Indian "Calumet of Peace,"--the stem is of a light wood curiously painted with hieroglyphics in various colours, and adorned with the _feathers_ of the _most beautiful_ birds. It is not in my power to convey an idea of the _various tints_ and pleasing ornaments of this much-esteemed Indian implement"(p. 359).

If this is true, if the rainbow is the symbol of peace, and the peacock is the symbol of the rainbow, will it absolutely surprise us to find feathers of various colours presented as tokens of peace? I am prepared for the reply, that Bryant's etymology is now considered obsolete; but I shall fall back upon the argument which I have urged elsewhere, that in cases where tradition renders the transmission of certain words probable, there is a presumption which overrides the ordinary canons of philological criticism. Philologers very properly lay down, _e.g._ Mr Max Müller's "Chapter of Accidents in Comparative Theology," _Contemp. Rev._, April 1870, p. 8:--

"Comparative philology has taught us again and again that when we find a word exactly the same in Greek and Sanscrit, we may be certain that it cannot be the same word; and the same applies to comparative mythology ... for the simple reason that Sanscrit and Greek have deviated from each other, have both followed their own way, have both suffered their own phonetic corruptions, and hence, if they do possess the same word, they can only possess it either in its Greek or in its Sanscrit disguise."

This is of course only upon the assumption that the languages have gone their own way, have followed their own corruptions; but if it can be shown that certain words, &c. &c., were preserved in tradition, and so guarded as not to come under the laws of deviation which philology traces out, or to come under them on different conditions, then, on the contrary, it is exceedingly probable that we should find them identical, or at least recognisable; in any case, this is a point which must be decided according to the evidences of tradition, and not according to the laws of philology. This will be better understood from a case in point. I append the evidence respecting the traditions of the Dove and the Rainbow--which are just the incidents which are likely to have impressed the imagination and memory of mankind.[334]

[334] It will hardly be denied that the tradition of the rainbow as a sign and pledge to man existed among the ancients. _Vide_ Bryant, ii. 348. [The goddess Iris, who was sent with the _messages_ of the gods, bore the same name as the rainbow Iris.]

_E.g._ Homer--

"[Greek: Irissin eoikotes has te Kroniôn en nephehi stêrixe, teras meropôn anthrôpôn].--_Il._ xi. 27.

"Like to the bow which Jove amid the clouds Placed _as a token to desponding man_."

Also--Il. xvii. 547.

[Greek: hêute porphyreên irin thnêtoisi tanhussê Zeus ex ouranothen teras emmenai].

"Just as when Jove mid the high heavens displays His bow mysterious for a _lasting sign_."

And the lines (Theog. v. 700) in Hesiod, in which Iris is called the daughter of Wonder, who is sent over the broad surface of the sea when strife and discord arose among the immortals, and who is also called "the _great oath_ of the gods"--["This is the token of the _covenant_ between you and me, for _perpetual generations_," Gen. ix. 12.]--who is told to bring from afar in her golden pitcher the many-named water.

Iris is called the daughter of Thaumas (which so closely approximates to the Greek [Greek: Thauma] = wonder, Bryant says to the Egyptian "Thaumus"). Bryant further thinks that Iris and Eros were originally the same term, but that in time the latter was formed into the boyish deity Cupid = Eros. According to some, Iris was the mother of Eros by Zephyrus. [There were indeed three Eroses, which mark three different lines of tradition, _vide_ Gladstone on Iris (the rainbow), "Homer and the Homeric Age," ii. 156.] Eros (Cupid), though a boy, was supposed to have been at the commencement of all things; and Lucian says, "How came you with that childish face, when we know you to be as _old as Japetus_?" The union of Cupid and Chaos (the Deluge is frequently alluded to as chaos, _vide_ Bryant) "gave birth to men and all the animals." Hesiod makes Eros the first to appear after Chaos. "At this season (Deluge) another era began; the earth was supposed to be renewed, and time to return to a second infancy. They therefore formed an emblem of a child with a rainbow, to denote this renovation of the world, and called him Eros, or Divine Love," ... "yet esteemed the most ancient among the gods."--Bryant, ii. 349. (Cupid is represented with a bow, as is also Apollo and Diana, which was an allusion to the supposed resemblance of the bow and the rain_bow_.) Probably from his connection with Iris, he is represented as breaking the thunderbolts of Jupiter, and riding on _dolphins_ and subduing other monsters of the sea. Smith ("Myth. Dict.") says Iris is derived from [Greek: erô eirô], "so that Iris would mean the speaker or messenger," ... "but it is not impossible that it may be connected with [Greek: eirô], 'I join,' whence [Greek: eirênê]; so that Iris, the goddess of the rainbow, would be the joiner, or conciliator, or the messenger of heaven, who restores peace in nature," It appears to me more likely that [Greek: eirênê] = _peace_ (derivation uncertain--Liddell and Scott) was derived directly from Iris, in accordance with the tradition, and that the Greek word for wool, [Greek: eiros], was cognate to [Greek: eirênê], from being an emblem of peace (_e.g._ the pontiff's caduceator, woollen veil). In the same way, if we do not actually find the rainbow as the token of the herald or caduceator, may we not discover it conversely in the circumstance that _Iris_ is represented as carrying in her hand a _herald's_ staff?

It is curious that we actually find, what I may call the sister emblem, viz. the Dove, used by the ancients, though just as we find, if I am right in the conjecture, the rainbow among the Polynesians, used in a perverted way as an ensign of war. It was possibly in superstitious remembrance of the tradition which we find more directly among the ancient Aryans and the Peruvians (p. 326-400), that war ought only to be made with a disposition towards peace; and that they thought to place themselves under the sanction of heaven by carrying this emblem as their ensign of war. Such, however, was the fact. Bryant (ii. 302) says:--"The dove became a favourite hieroglyphic among the Babylonians and Chaldees.... In respect to the Babylonians, it seems to have been taken by them for their national ensign, and to have been depicted on their military standard when they went to war. They seem likewise to have been styled Iönim, or the children of _the Dove_;" and they are thus alluded to by the Prophet Jeremiah, ch. xxv. ver. 38 (_id._) Bryant says (ii. 285), "The name of the Dove among the ancient Amonians (by which term he intends the descendants of Chus) was Iön and Iönah; sometimes expressed Iönas, from whence came the [Greek: Oinas] of the Greeks."

I should rather put it that we find the word for the Dove common to the Hebrew and the Greek (Iönah, Hebrew; [Greek: Oivas], Greek), and, as Bryant seems to imply, among other nations also--_e.g._ the Babylonians--which is precisely what we should have expected. But if this identity is allowed, we must proceed with Bryant to see in Juno, Venus, and Diana, simply embodiments of the tradition of the Dove. Bryant says that "Juno is the same as Iöna," and although, as we have seen, the peacock is said to be her bird (with reference to the other symbol, the rainbow), and although Ovid (Bryant, 344) sends her to heaven accompanied by Iris (rainbow), yet in the plate (from Gruter) p. 410, she will be seen with a dove on her wand, and a pomegranate, as symbol of the ark (_vide_ p. 380), in her hand. Bryant, moreover (344), considers Juno to be identical with Venus. There was a statue in Laconia called Venus-Junonia. Of Dione and Venus Bryant says (ii. 341):--"I have mentioned that the name Diona was properly Ad, or Ada, Iöna. Hence came the term Idione; which Idione was an object of idolatry as early as the days of Moses. But there was a similar personage named Deione.... This was a compound of De Iöne, the dove; and Venus Dionoea may sometimes have been formed in the same manner.... Dionusus was likewise called Thyomus." _Vide_ also Bryant, pp. 316, 317. In Genesis viii. 9, the dove returned to the ark, not having found "where her foot might rest." "In the hieroglyphical sculptures and paintings where this history was represented, the dove could not well be depicted otherwise than as hovering over the face of the deep. Hence it is that Venus or Dione is said to have risen from the sea. Hence it is, also, that she is said to preside over waters; to appease the troubled ocean; and to cause by her presence an universal calm; that to her were owing [on the retiring of the waters] the fruits of the earth.... She was the Oenas ('[Greek: Oinas]') of the Greeks; whence came the Venus of the Latins." The address of Lucretius to this deity concludes with two lines of remarkable significance--

"Te Dea, te fugiunt venti; te nubila coeli Adventumque tuum; tibi rident æquora ponti; _Pacatumque_ nitet diffuso lumine _coelum_."

"In Sicily, upon Mount Eryx, was a celebrated temple of this goddess, which is taken notice of by Cicero and other writers. Doves were here held as sacred as they were in Palestine or Syria [_vide_ also in Cashmere, p. 64]. It is remarkable that there were two days of the year set apart in this place for festivals, called [Greek: Anagôgia] and [Greek: Katagôgia], at which time Venus was supposed to _depart over the sea_, and after a season to return. There were _also sacred pigeons_, which then took their flight from the island; but one of them was observed on the ninth day to come back from the sea, and to fly to the shrine of the goddess. This was upon the festival of [Greek: Anagôgia]. Upon this day it is said that there were great rejoicings. On what account can we imagine this veneration for the bird to be kept up, ... but for a memorial of the dove sent out of the ark, and of its return from the deep to Noah? The history is recorded upon the ancient coins of Eryx; which have on one side the head of _Janus_ bifrons, and on the other the sacred dove."--Bryant, ii. 319.

Mr Cox's ("Mythology," ii. ch. ii. sec. vii.) counter-explanation, if I rightly gather it, is that "on Aphroditê (Venus), the child of _the froth or foam of the sea_, was lavished all the wealth of words denoting the loveliness of the morning; and thus the Hesiodic poet goes on at once to say that the grass sprung up under her feet as she moved, that Eros, Love, walked by her side, and Himeros, longing, followed after her." "This is but saying, in other words, that the morning, the child of the heavens, springs up _first from_ the sea, as Athene is born by the water-side." But why should the morning spring first from the sea?--more particularly when the effects of her rising is noted in the springing up of flowers on the land? If the rainbow, we see the reason in her connection with the Deluge, and her connection with the subsequent renovation of nature. Mr Cox also says (p. 3):--"In her brilliant beauty she is Argunî, a name which appears again in that of Arguna, the companion of Krishna and the Hellenic Argynius." Does not this complete the chain of her connection with Juno? Mr Cox (p. 8) says:--"The Latin Venus is, in strictness of speech, a mere name, to which any epithet might be attached according to the conveniences or the needs of the worshipper.... The name itself has been, it would seem, with good reason, connected with the Sanscrit root 'van,' to desire love or favour,"--a derivation which equally accords with Bryant's view. Then there is the striking connection of Venus with Dionusos (_vide_ p. 395). Mr Cox (p. 9) says, "The myth of Adonis links the legends of Aphrodite (Venus) with those _of Dionusos_. Like the Theban _wine_-god Adonis, born only on the death of his mother; and the two myths are, in one version, _so far the same_ that _Dionysos_, like Adonis, is placed _in a chest_, which, being _cast into the sea_, is carried to Brasiæ, where the body of his mother is buried." (Comp. Kabiri, Bunsen.) Mr Cox connects Athene with Aphrodite (Venus) (p. 4). Therefore we must ask him to reconsider his explanation of "the Athenian maidens embroidering the sacred peplos for _the ship_ presented to Athêne at the great Dionysiac festival." Compare evidence, _supra_, in chap. on Boulanger, &c.; Catlin.

The digression we have just made involves some risk of distracting attention from the point it was intended to enforce--viz. the traditionary character of the mode, and, by implication, the traditionary recognition of the obligation, of the declaration of war. We have already seen in Ozanam (_supra_, p. 371) indications of the probability of similar traditions among the primitive tribes of Germany. Will it clench the argument if we find Romans and Gauls on a common understanding in these matters, when brought for the first time into contact since their original separation?--

"The great misfortunes which befel the city from the Gauls, are said to have proceeded from the violation of these sacred rites. For when the barbarians were besieging Clusium, Fabius Ambustus was sent ambassador to their camp with proposals of peace, in favour of the besieged. But receiving a harsh answer, he thought himself released from his character of ambassador, and rashly taking up arms for the Clusians, challenged the bravest man in the Gaulish army. He proved victorious, ... but the Gauls having discovered who he was, sent _a herald_ to Rome to accuse Fabius of bearing arms against them, contrary to _treaties and good faith_, and _without a declaration of war_. Upon this the Feciales exhorted the Senate to deliver him up to the Gauls, but he appealed to the people, and, being a favourite with them, was screened from the sentence. Soon after this, the Gauls marched to Rome, and sacked the whole city except the Capitol, as we have related at large in the life of Camillus."--_Plutarch's Numa._

I venture further to think that the traditionary modes of the declaration of war may be detected among the Gauls in Cæsar's time, in the manner of their challenge. _E.g._ it so came about that Cæsar wished to draw the enemy (the Nervii) to his side of the valley and to engage them at a disadvantage before his camp. To this end he simulated fear. "Our men meanwhile retiring from the rampart, they approached still nearer, _cast their darts_ on all sides within the trenches and _sent heralds_ round the camp to proclaim," &c. (Duncan's Cæsar, B. v. xlii.)

We will now turn to the Greek tradition. I quote from an old author who has examined the matter more fully than I find it treated elsewhere. Rous. ("Archæologiæ Atticæ," lib. 6, s. 3, civ.) says:--"As careful and cunning as they were in warlike affairs, I cannot find but that they did 'propere signi quæ piget inchoare,' bear a great affection to _peace_; as may appear in their honourable receiving of ambassadors, to whom they gave hearing in no worse place than a _temple_.... The usual ensign carried by Greek ambassadours was [Greek: kêrykeon], _caduceus_,[335] a right _staff of wood_ with snakes twisted about it and looking one another in the face.... If the peace could not be kept, but they must needs have war, yet they would be sure to give warning and fair play, and make proclamations of their intentions before they marcht. The manner in proclaiming war was to send a fellow of purpose _either to cast a spear_ or let loose _a lamb_ into the borders of the country, or into the city itself whither they were marching (which Hesychius rather thinks to have been the signal before a battel), thereby showing them, that what was then a habitation for men, should shortly be a pasture for sheep."[336] I should rather have thought that it had analogy with the Jewish scapegoat; but, whatever the idea, it was apparently symbolled and commemorated in the _woollen_ veil prescribed to the Roman pontiff in the declaration of war. It would seem, however, that the signal for battle (chap. v.) was "instead of sounding a trumpet, they had fellows whom they called [Greek: pyrphorous], that went before with torches, and throwing them down in the midst between the two armies, gave the sign.... Now, this business they might do safely and without any danger, ... for the torch-bearers were peculiarly protected by Mars, and accounted sacred."[337]

[335] _Vide ante_, 391. That the entwined snakes were of late date would appear, I think, from the allusions to the suppliants' wands in Æschylus, _e.g._ (_vide_ Plumtre's Æschylus, "Libation Pourers," v. 1024) when Orestes puts on the suppliants wreaths, and takes the olive branch in his hand--

"The branch of _olive_ from the topmost growth, With amplest tufts of _white wool_ meetly wreathed."

and in the Supplicants (22)--

"Holding in one hand the branches Suppliant, wreathed with _white wool_ fillets."

[336] Also, "Joannis Meursii Themis Athica, sive de Legibus Alticis," i. xi. says, "Postquam vero exercitus eductus esset pugnam inire, non _licebat antiquam_ emissum agmen hostium quis, hunc _expectans accepisset_."

[337] This has something in common with the fiery cross sent round by the Highlanders as the summons to war. In another aspect it has resemblances with the Indian mode of declaration of war. "The manner in which the Indians declare war against each other is by sending a slave with a hatchet, the handle of which is painted _red_, to the nation which they intend to break with; and the messenger, notwithstanding the danger to which he is exposed from the sudden fury of those whom he thus sets at defiance, executes his commission with great fidelity."--_Carver's "Travels in North America,"_ p. 307.

The sense of national responsibility in war, and the reluctance of kings to involve themselves without the consent of their people would appear from OEschylos' "Supplicants" (v. 393, 363).

I have referred (p. 326) to the Peruvian traditions of Manco Capac's laws of war, and that "in every stage of the war the Peruvian was open to propositions for peace."

From the Hindoo tradition, apparently, Manu's code was conceived in an identical spirit. (_Vide_ "Hist. of India," "The Hindu and Mahometan Periods," by the Hon. Mountstuart Elphinstone; Murray, 1866, ch. ii. p. 26.) "The laws of war (Manu's code) are honourable and humane. Poisoned arrows and mischievously barbed arrows and fire arrows are all prohibited." [Dr Hooker, in his "Himalayan Journal," mentions a similar tradition among the Limboos, I think, or Lepchas.[338]] "There are many situations in which it is by no means allowable to destroy the enemy. Among those who must always be spared are unarmed or wounded men, and those who have broken their weapons, and one who says, 'I am thy captive.' Other prohibitions are still more generous.... The settlement of a conquered country is conducted on equally liberal principles. Immediate security is to be assured to all by proclamation. The religion and laws of the country are to be maintained and respected." And I have fancied (_vide_ 395) that the recognition at least of such a tradition, if it be only the "homage which vice pays to virtue," is to be read in the devices carried by the Babylonians.[339]

[338] That there may be limitations to the horrors of war, seems to be established by the instance of the prohibition of explosive bullets. I read in the _Times_ (March 11, 1871):--"The _British Medical Journal_ declares its opinion that the charges which have been put forward of _explosive bullets_ having been used by the contending armies have been groundless; and is inclined to believe that the _articles of the St Petersburg Convention_ have been _faithfully adhered to_, notwithstanding the mutual recriminations to the contrary by both French and German Governments."

[339] Indirect evidence of the importance formerly attached to the declaration of war may, I think, be discovered in the formal addresses and invocations of the gods by the Homeric heroes previous to combat, which to us seem so forced and unnatural; and the same sentiment was noticed by the Spaniards, when they first came over, among the Peruvians, who did not neglect the punctilio of the declaration of war even in their most high-handed aggressions, _e.g_. Garcilasso de la Vega (Hakluyt Soc. ed. ii. 141) says--"The invaders sent _the usual summons_ that the people might not be able to allege afterwards that they had been taken unawares."

There was, moreover, a law at Athens which forbade them to declare war until after a deliberation of three days--"Bellum vero antequam decerneretur, triduo deliberare lex jubebat" (Apsines, Marcell. in Hermog. ap. J. Meursii Them. Att., l. i. c. xi.); and we have seen that the Senate at Rome postponed the declaration of war for thirty days. I cannot help thinking, though it is the merest surmise, that it is in the dim recollection of some such tradition that we must account for the meaningless and superstitious delays which we occasionally read of in the warfare of barbarous nations; _e.g_. Cæsar (De Bello Gallico, i. xl. c.) had drawn up his troops and offered the enemy battle, but Ariovistus thought proper to sound a retreat. "Cæsar inquiring of the prisoners why Ariovistus so obstinately refused an engagement, found that it was the custom among the Germans for _the women_ to decide by lots and divination when it was proper to decide a battle; and that these had declared the army would not be victorious if they fought _before the new moon_."[340] [There was also a law at Athens that it was not lawful to lead forth an army before the seventh day of the month. "Vetitum Athenis erat, exercitum educere ante diem septimum."] J. Muersii, _id._

[340] Carver ("Travels in North America," p. 301) says of the Indians--"Sometimes private chiefs make excursions.... These irregular sallies, however, are not always approved of by the elder chiefs, though they are often obliged to connive at them.... But when war is national, and undertaken by the community, their deliberations are formal and slow. The elders assemble in council, to which all the head warriors and young men are admitted, when they deliver their opinions in solemn speeches; weighing with maturity the nature of the enterprise they are about to engage in, and balancing with great sagacity the advantages or inconveniences that will arise from it. Their priests are also consulted on the subject, and even sometimes the advice of the most intelligent of _their women_ is asked. If the determination be for war they prepare for it with much ceremony."

I have discussed the ancient mode of declaration of war at some length as an instance of tradition. There are some, I am afraid, to whom the discussion will appear ineffably trifling; and I may even be misconstrued to say that everything would be set right in Europe, if only a herald were sent in proper form to declare war. There are men of a certain cast of mind to whom forms are repugnant; there are others to whom they are unintelligible. It has been observed, however, that the rejection of forms is one thing, the neglect of them another. The rejection of forms may be, on some principle, good, though misapplied, often does unconscious homage when it means to spurn, and may be compensated for in other ways. The neglect of them is simply evidence of laxity. Cromwell perfectly well knew the divinity which attached to forms when he said, "Take away that bauble;" and, on the other hand, no one better than he would have judged the state of an army (not his own) in which he was told that it was the custom of soldiers not to salute their officers. The declaration of war without any solemnity, still more the commencement of hostilities without any declaration at all,[341] seems to me closely analogous--as a sign of disorganisation--to the absence of any form of salute at a parade. I am far from contending that old forms, when they have become obsolete, can be resuscitated; but I do contend for the resuscitation of ancient maxims and ideas. In any age fully imbued with the responsibility of war, in which it was considered unseemly to declare it until after a three days' deliberation in solemn conclave, and which even then protracted the declaration till the seventh or the thirtieth day, would it have been possible for two great nations to have gone to war because there had been "a breach of etiquette," if indeed there was a breach of etiquette, "at a German watering-place?"[342] Allowing that this was merely the ostensible pretext, and that the real grounds remained behind--if these long deliberations had been necessarily interposed, would there not have been a thousand chances in favour of such a European intervention as saved the peace of Europe three years before in the affair of Luxembourg? Yet, so far as we know at present, the following is the history of the commencement of the most horrible, the most destructive, and the most barbarous war[343] of modern times.

[341] "In ancient times war was solemnly declared either by certain fixed ceremonies or by the announcement of heralds; and a war commenced without such declaration was regarded as informal and irregular, and contrary to the usages of nations. Grotius says that a declaration of war is not necessary by the law of nations--"Naturali jure nulla requiritur declaratio," but _that it was required by the law of nations, jure gentium_, by which term, be it remembered, he means the usages of nations. And in this he was right, as until the age in which he lived wars were almost invariably preceded by solemn declarations. The Romans, according to Albericus Gentilis, did not grant a triumph for any war which had been commenced without a formal declaration (De Jure Belli, c. ii. § i.); but the Greeks do not seem to have been at all regular in the observance of the custom (Bynkershock, Quæs. Jur. Pub., l. i. c. ii.) During the times of chivalry declarations of war were usually given with great formality, the habits of knighthood being carried into the customs of general warfare, and it being held mean to fall upon an adversary when unprepared to defend himself (Ward, Introd. ii. 206-230). With the decline of chivalry this custom fell into disuse. Gustavus Adolphus invaded Germany without any declaration of war (Zouch, De Judicio inter Gentes, P. ii. § x. 1); but this appears to have been _an exception_ to the usages of the age, and Clarendon speaks of declarations of war as being customary in his time, and blames the war in which the Duke of Buckingham went to France, as entered into 'without so much as the formality of a declaration from the king, containing the ground and provocation and end of it, according to custom and obligation in the like cases.' Formal denunciations of war _by heralds_ were discontinued about the time of Grotius; the last instance having been, according to Voltaire, when Louis XIII. sent a herald to Brussels to declare war against Spain in 1635."--_W. Oke Manning's Commentaries on Law of Nations._

[342] "Looking back on the history of the autumn ... we may yet be impressed by the conviction that, had the union of the _European family of nations_ been strengthened as it might have been before the war broke out, it might never have been begun, or would have long since terminated. The Treaty of Paris put on record a declaration in favour of arbitration, but it proved to be worthless when sought to be applied."--_Times_, Feb. 15, 1871. I shall have a word to say presently on the declaration of the Treaty of Paris.

[343] It must not be forgotten, however, that it was the revolution in Paris which gave this war its abnormal character, and created situations for which the law of nations had no precedents, or precedents only which were of doubtful application.

"A private letter from Paris relates that the Duc de Grammont, who has taken to spend his evenings at the Jockey Club, was lately asked there, 'How he came to blunder into such a fatal war?'[344] He replied, 'I asked the Minister of War, Leboeuf, if he was ready, and he answered, "Ready! ay, and doubly ready;" _otherwise_,' added the Duc, 'I should have taken care not _to have counselled_ a war which there _were twenty modes of averting_.'"--_Times_, Sept. 1, 1870.[345]

[344] Compare _infra_, p. 412.

[345] Compare with the following account of the declaration of war by M. F. de Champagny, de L'Acad. Fr., in the _Correspondant_, 25 Juin 1871:--"A government wrongly inspired proposed to us a war. Without asking it why it wished to make it, without asking if it could make it, without reflection, without discussion, without listening to the men of name and experience, who implored of us _at least twenty-four hours for reflection_, we accepted this war, I do not say with enthusiasm, but with frivolous levity, not as crusaders, but as children. It seemed to us sufficient to tipple in the 'cafés,' singing the 'Marseillaise,' to intoxicate the soldiers, to throw squibs into what were then called sensational journals, to cry 'à Berlin!' in order to go right off to Berlin. And when it was discovered that we were not going on at all to Berlin, but that Berlin was coming to Paris, that this enthusiasm of the 'café' did not cause armies to spring into life, what was our resource? Always the same: to overthrow a government!"

The extent of the disorganisation and the laxity into which we have fallen, appears perhaps as strikingly as in any anything else in the frequency of the complaints of the little regard paid to "parlémentaires" and officers bearing flags of truce. But what startles us more than all is the light manner in which this transgression of the law of nations is referred to even by the parties aggrieved.

I will here place two extracts which I have made in juxtaposition:--

Carver ("Travels in North America," p. 358) says, that when a deputation sets out together for their enemy's country with propositions of peace, "They bear before them the pipe of peace, which, I need not inform my readers, is of the same nature _as a flag of truce_ among the Europeans, and is treated with the greatest respect and veneration _even by the most barbarous_ nations. _I never heard of an instance_ wherein the _bearers of this sacred_ badge of friendship were ever treated disrespectfully, or its rights violated. The Indians believe that the Great Spirit _never suffers an infraction_ of this kind to go unpunished."

Count Chandordy, in his reply to Count Bismarck, dated Bordeaux, Jan. 25, 1871, says:--"Count Bismarck reproaches the French armies with having _fired on parlémentaires_." An accusation of this nature had already been brought to the knowledge of the Paris Government, and we may quote the following words of M. Jules Favre in his circular of 12th January--"I have the satisfaction to acquaint your excellency that the Governor of Paris has hastened to order an inquiry into the facts alleged by Count Bismarck, and in announcing this to him he has brought _much more numerous facts_ of the same nature to his own cognizance which are imputed to Prussian sentinels, but _which he never would have allowed to interrupt ordinary relations_."

I do not know whether this contrast between barbarism, such as it existed in the last century, and modern civilisation, will astonish those partisans of success whom in truth nothing in all the multiform atrocities of this dreadful war seems to have astonished or shocked, so that it was at times almost ludicrous to hear these _introuvables_ declare such things as the bombardment of hospitals and churches, as at Strasburg and Paris, quite right, which even the German commanders, when the matter was brought to their attention, admitted to be wrong.

This perhaps is the worst symptom of corruption we have yet seen, and yet there was a time, and that quite recent, when a different sentiment prevailed. I have just referred[346] to the declaration in the Treaty of Paris, which thought to inaugurate a new era by bringing all causes of conflict in Europe to a settlement of arbitration. But let no one be discouraged or cease to believe in the possibility of such a consummation because of the result. There never was a stronger instance of the intellect of the world vainly striving to create an international code and system for itself which was to be distinct from the law of nations; for at the same moment that the diplomatists who were collected in Paris set to work upon their tower, which was to erect itself above the waters of any future inundation, they one and all agreed to demolish, and as a first step to pull down, the cornerstone from the temple of the past. How this was brought about will best be told in an extract from the Count de Montalembert's "Pie IX. et la France en 1849 et 1859," p. 10:--

"Let us go back to the origin of the evil, ... it dates back more especially from the Congress of Paris in 1856, from that diplomatic reunion which, after having solemnly declared that none of the contracting powers _had the right to interfere either collectively or individually in the relations of a sovereign with his subjects_ (Protocol of 18th March), after having proclaimed the principle of the absolute independence of the sovereigns, for the benefit of the Turkish Sultan against his Christian subjects, thought it within its competency, in its protocol of the 8th of April, and in the absence of any representative of the august accused, to proclaim that the situation of the Pontifical States was 'abnormal' and 'irregular.' This accusation developed and exaggerated at the Tribune, and elsewhere by Lord Palmerston and Count Cavour, was equally formulated under the Presidency and upon the initiative of the Minister of Foreign Affairs in France, and it is consequently France which must bear the principal responsibility before the Church and Europe. We can recall the grief and surprise which this strange proceeding created in the Catholic world."

[346] _Vide_ note 19, p. 403.

Thus was the game set rolling; and the policy thus indicated was pursued with the eager and unrelenting pertinacity of some, and with the tacit approval of the rest of the co-signatories.

The war declared by France against Austria, which was the precipitating cause of the storm which broke upon the Papal States, can, it is true, only be regarded as evidence of the conspiracy--inasmuch as it was declared by one of the conspirators at the instigation of another, whose ultimate aim was the seizure of the States of the Church and of the other independent Italian sovereignties to the profit of Piedmont. So soon as the victory of the French arms was decided, the Emperor's proclamation from Milan appeared, inciting the populations to insurrection. All then followed in sequence--the revolt of the Romagnas four days after the Milan manifesto, their annexation along with the other independent states of Central Italy by Piedmont, this annexation being effected with the connivance, if not the consent, of France, and for which payment was eventually made in the cession of Nice and Savoy (all this being in contravention of the treaties of Villafranca and Zurich). But what mattered the contravention of treaties in comparison with the scenes which followed? The programme of the congress, or, if that is denied, the programme of two (if not three, for it is difficult to acquit Lord Palmerston and Lord John Russell of participation by consent) of the powers who had entered into the conspiracy against European order, and these, at that time, the powers in the highest state of military efficiency, was to be carried out _per fas et nefas_. Naples and the patrimony of St Peter had to be secured, and as they morally presented no vulnerable side, they were seized by the hand of the marauder in defiance of "all law, human and divine."[347] Garibaldi's descent on Sicily, effected under the cover of the English navy, was simply a brusque and flagrant act of piracy, for which no plea of justification has ever been set up. The usurpation of the Papal States, though not less ruthlessly accomplished in the end, was carried through with more regard to form in its preliminary stages; yet at the last the diplomatic mask was torn off, and the invasion was made without any pretext or justification known to the law of nations, and without even a declaration of war.

[347] These were the words which the Marquis of Bath had the courage to use in the House of Lords when everybody else was joining in a ludicrous "dirge of homage" to Cavour. I wish to put this protest, as well as the similar protests of the Marquis of Normanby and the Earl of Donoughmore on record, as there may come a time when England will be glad to recur to them.

Here, again, the Imperial diplomacy and Italian intrigue went hand in hand. Lamoriciere, in reliance upon the honour of France, had made _all his dispositions against Garibaldi_, and had received a letter from the French ambassador as late as the 7th September (bearing the same date as the so-called ultimatum of Cavour, although the Piedmontese troops had crossed the frontier before it was delivered), which I shall here reproduce, seeing that it is not on record in the _Annuaire des Deux Mondes_ (1860)--"I inform you by the Emperor's orders that the Piedmontese _will not_ enter the Roman States, and that 20,000 French are about to occupy the different places of those states. Make, then, all your dispositions against Garibaldi.--Le Duc de Grammont."[348] (This letter was dated September 7, 1860, the battle of Castelgidardo was fought on the 18th September 1860.) It is needless to add that no reinforcements from France appeared, and that the assurance served no other purpose than to mislead, and to throw Lamoriciere off his guard. Indeed, in spite of various protestations and the subsequent withdrawal of the French ambassador from Turin, the Catholic world settled down into the belief, not only that the Emperor of the French had never had the intention of sending troops to the rescue, but that the whole scheme of the invasion had been deliberately devised at the ominous interview which took place on the 28th of August previous, between the Emperor, Farini, and General Cialdini. It was even said that the words used by the Emperor on the occasion transpired, "frappez fort et frappez vite,"--a terse and striking phrase, which will fitly perpetuate in the human memory the most flagrant violation of the law of nations which history affords.[349]

[348] _Vide_ "Current Events," in _Rambler_, 1860.

[349] "Does the faith of treaties, the right of treaties, still exist? Look at what has happened in Europe during the last twenty years. The treaties made with the Church were the first violated; they have declared that a 'concordat' is nothing more than a law of the State, which the State can alter at will--in other words, that, unlike all other contracts, conventions of this nature, inviolable for one of the parties, can be broken by the other at its pleasure; kings have thus put the Church outside the law of nations. But, in consequence, they have excluded themselves. When the most sacred of all treaties were thus trampled upon, how would they have the others respected? They have even written, or caused to be written, on a solemn occasion ('Napoleon III. et L'Italie, 1859') that treaties no longer bind when the general sentiment declares against them; in other terms, when they displease us. At this epoch, in 1859, we were disputing with Austria a possession which all treaties had guaranteed to her, and the neutral signatories of these treaties did not protest. Victorious over Austria, we have in our turn made a treaty with her; and this treaty was violated when scarcely signed; and neither we nor the rest of Europe protested. Later on, the dissensions between Germany and Denmark ended in a treaty, which the rest of Europe guaranteed; but soon Germany broke this treaty by force of arms, and Europe did not say a word. I omit here the convention of September, ... the treaty of 1856. On all these occasions the indifference of third parties has come to the aid of the cupidity of the aggressors; and the moral sense has been so far wanting in the Cabinets that they have assisted and applauded acts of brigandage for the love of the art, and without even thinking that the brigand, when he grew strong, would fall on the morrow on themselves. Will you find in European history twelve years so fruitful in pledges and perjuries?"

All this was done with the undisguised satisfaction of several veteran English statesmen, who were, moreover, directly or indirectly represented at the same congress which sought to bind the European powers to call in the arbitration of a friendly power, in case of disagreement, before making an appeal to arms.

Now there is no reason why this rule, good in itself, and congruous to the spirit and maxims of the law of nations, should not have been embodied as a fundamental article in the code; for the law of nations is not a dead-letter, but, like everything that is of tradition, easily lending itself to adaptation and development according to the changing circumstances of the world.

Can we be surprised that this principle, good and according to reason, but which nevertheless presupposes certain sentiments in the world in correspondence with it, should in the actual circumstances have been barren of results? Is it wonderful that it should have miscarried in the hands of men who were parties to the invasion, without even the form of a declaration of war, of the State predestined by divine Providence to be the cornerstone of Christendom? Would it have been befitting that this beneficent arrangement should have been destined to be the work of men who, either by participation or as accessories after the fact, had set their hands to a deed which shocked every principle of morality, and made the very notion of public law in Europe ridiculous?

The early commencements of this policy cannot be studied at a more appropriate moment than now, when we are witnessing its _denouement_.

What has been the result to France of its Italian policy? To Austria? To England? To Europe?

Has any power prospered that had a hand in setting the ball rolling, or, for that matter, any power that had the responsibility of staying the parricidal hand, and held back? If Austria, the first victim, had firmly and strenuously resisted the early instigations of evil, would she ever, according to human calculations, have had to fight at Magenta and Solferino? and, in another way, was there not something dramatic in the sudden reverse and displacement of Count Buol, who had been the Austrian representative at the Congress, immediately after he had hurled the fatal _ultimatum_? The retort will be triumphant. Did not France, the great culprit of all, who both cast its own responsibility to the winds and sowed the hurricane, conquer at Solferino? Truly she did; but _respice finem_, or rather, we may say, we have lived to see the end. Did not Solferino, after some ten years of delusive prosperity, lead up to Sedan? Of England I do not wish to say more than that since that date she has unaccountably fallen in the esteem of men; has, in her turn, met with injustice, and no longer maintains the same relative position which she held during the fifty years preceding the Congress.

Everything, in fine, since that date, seems to have gone in favour of that European power which remained in the background, and which, if it did no good act at the Congress, at least had the worldly wisdom to fold its arms and refrain from sacrilege. Yes, Prussia has had her victory; but by all accounts there never was a victory which has made a nation so sad and mournful, and which was greeted with fewer manifestations of joy. It was peace rather than victory which was welcomed home. Here, too, we seem to see the subtle and nicely-measured retaliation. Again, was there no significance in the unlooked-for disasters at Forbach and Woerth, occurring coincidently with the final abandonment of Rome by France?

These are things which strike the eye, but which are difficult of demonstration, and it would appear a hopeless errand to convince a generation which has witnessed the burning of Paris, if not without emotion, at any rate without serious reflection, and, in spite of manifest prediction, has refused to see in it "the finger of retribution and the hand of God."

And yet belief in this retribution of heaven is at the foundation of the law of nations. Previously to the astounding experiences of the recent war, during those years so fruitful "in pledges and perjuries," it was a common phrase, and most frequently used with reference to France, that war was no longer an affair of divine Providence, but that Providence was always on the side of the big battalions.

With one word as to the significance of this phrase, which is tantamount to a negation of the law of nations, I shall conclude.

It may certainly happen, that in a contest one party may be consciously hypocrite, whilst the other is conscious of its rectitude; but presumedly, and until the contrary is manifested, both parties must be supposed to believe themselves in the right, and to run the tilt like knights in the mediæval tournament. Nevertheless, as Dr Johnson said, there are arguments for a "plenum" and for a "vacuum," but one conclusion only can be true; and in some way in every conflict, which is true and which is just is known only to the inscrutable judgment of the Most High. We do not know all the secrets of courts, neither could we exactly determine the point if we had before us all the deliberations of councils, it is sufficient for us to know that victory is not always on the side of the big battalions, as witness, _inter alia_, Marathon, Morgarten, Bannockburn, Lepanto, Mentana. Will any Englishman maintain the proposition that victory is always on the side of the big battalions? Then, beginning with Cressy and Poictiers, and following Marlborough through the fields of Blenheim, Ramilies, and Malplaquet, and the Duke of Wellington through the Peninsular War, we must renounce that which gives "the _éclat_ to all our victories." Doubtless, then, the quality of troops will in some instances weigh far more than numbers. You allow it? We now introduce an element of great uncertainty, and about which there will always be much dispute, and moreover it will always be a matter concerning which religion and morality will have much to say. It is no longer an affair of big battalions, it is no longer reduced to a matter of calculation, on which side the victory is to be. Let me further remark, that whilst there is one set of writers who will be ready to say that Providence is on the side of the big battalions, there is another set of writers, and these the men who are more conversant with the details, who will with great acuteness undertake to prove to you that it is so much an affair of Providence that in each case the victory was scarcely a victory, and only such because some casualty on the other side intervened to convert what would otherwise have been a victory into a defeat. It is unfortunately true that this latter class of historians and strategists do not, as a rule, trace in the turn of events the retribution of Providence. Still, the presumption will always be that victory favours the righteous cause, although it may be only _pro hac vice_, and ultimate success may not crown the career of the victorious nation, because its virtues may not have merited more than a signal and single success;--or it may even be that its merits may be of a kind such as to gain it a reward which transcends the rewards of earthly victory; or, again, the career of victory must be explained and measured by the depths of the final catastrophe and discomfiture.

In any case, it is a great thing for a nation to have won a victory in a rightful cause. The reward of virtue remains and gladdens the heart in the day of disaster and distress. Whatever may chance to us, there will always lie in store for us the consolation of reading the history of the battle of Waterloo; not, let us say, as the victory of one nation over another nation, but as the great and final triumph of a righteous over an unrighteous cause, gained by England. It is, thank God! impossible alike for the conqueror and the revolutionary multitude to destroy the Past.

INDEX.

Aboriginal races, their mysterious origin, 35.

Acton, Lord, 251.

Adam, supposed identity with Prometheus and Hercules, 42, 180; with Fohi, 64, 232; meaning of the word, 134; correspondence of, with Chaldæan god, Ana, 189.

Adams, Mr Arthur, 348.

Adaptability of law of nations, 410.

Adonis and Venus, myths of, 396, 397.

Adrastus, the legend of, 179.

Æneid, the, of Virgil quoted, 212.

Æschylus, the "Supplicants" of, quoted, 131.

Africa, commemorative ceremonies of Deluge, 248, 250; Captain Burton's account of, 251; compared with Catlin's narrative, 254-260. _See also_ Deluge, Commemorative Festivals.

Africanus, 95.

Age of Bronze, the, 334, 335; commencement of, 336.

Age, the Golden, 323; theory of and commencement, 323; tradition of, 328.

Age, the Iron, 129.

Agnatic relationship, 357, 358, 360.

Algonquins, the, 152.

Allies, Mr, on divergence between religion and philosophy, 108.

America, the Mozca Indians of, 70; diluvian traditions in, 242; the "O-kee-pa" of the Mandans, 245, 246; Catlin's account of ceremonies, 254-262; the Peruvian deity, 186; Peruvian worship, 304. _See also_ Deluge, Commemorative Festivals.

America, the discovery of, a proof of tradition, 324.

American continent, source of peoples of, 263-266.

American Indians, the legend of Michabo among the, 152, 153; tradition of fire among, 320.

Amida or Adima, the Japanese god, 65.

Amphictyonic Council and League, 361-365.

Ana, a Chaldæan god, 187; traditional identity of with Adam, 189; a reduplication of Enu or Enoch, 192.

Ancestors, worship of, 161, 205.

Ancient society, the unit of, 339.

Andamans, the, 308, 313.

Andriossy's hypothesis regarding overflow of the Nile, 68.

Anthisteries, the, 226.

Antiquity of man, 91.

Apollo, 241.

Apotheosis of Nimrod, 160.

Arab and Iroquois, exceptional instances of human progress, 33.

Arba-Lisun, the, or Four Tongues, 184.

Arbitration instead of war, 380.

Areopagus, a cosmopolitic, 383.

Argos, feast of the deluge at, 243.

Argyll, Duke of, on tradition, 120, 123; on capability of savage races, 314.

Arrival and conflict of different races in India, 35-38.

Aryan nations in India, their struggle with the Santals, 36; their dialect, 36; Mr Tylor on, 41; one of the primitive races, 43; probable identity with Japhetic race, 43; their colour, 84; their mythology, 168.

Ash, the, tradition regarding, 175, 176.

Assemblies of Greece, the, 369.

Assyrian history, corroboration of, 289.

Assyrian mythology, 182; deities of, 183; Il or Ra, 185; L'Abbe Gainet on, 187; Ana, 187; Bil or Enu, 190; Hea or Hoa, 194; Nebo, 206.

Asteropoeus, 252.

Astral religion, 163.

Astronomical cycle of China, 61.

Athens, the Hydrophoria at, 244.

Atlantis, the, of Plato an embodiment of tradition, 367.

Autochthones, or earth-born, 131.

Avocations of primitive life--hunter, husbandman, and shepherd, 33.

Babylonian chronology, 57, 58; Hales on, 57.

Bacchus, connection of, with Saturnalia, 214; reduplications of, 215, 216.

Baldr, the legend of, localised and individualised, 171; in the Scandinavian Edda, 172; paralleled with an account of the Fall, 172.

Ballad, Welsh, quoted, 253.

Basis of international law, 11.

Basis of theory of Golden Age, 323.

Baskets of water, the, parallel accounts of by Burton and Catlin, 256.

Bastian, M.A., on human progress, 75.

Bath, the Marquis of, 408.

Bel Nipru or Nimrod, 191.

Belligerent Rights, 376, 377.

Belus, the god, 133; identity of with Nimrod, 159.

Bentham, on International Law, 3, 5; his peculiar crotchet, "utility," 6; on public opinion, 7; the "greatest happiness" principle, 13; criticism on Blackstone's views of primitive life, 54.

Benthamism tested by Darwinism, 17.

Berosus' account of Hoa, 327.

Bertrand, M., legend concerning the man-bull, 203.

"Bhilsa Tope," the, 252.

Bifrons, a name applied to several gods, 220.

Big battalions, 412, 413.

Big canoe, the, parallel accounts of, by Burton and Catlin, 255; correspondence of to the canopied boat of Egyptians, 273.

Bil or Enu, a Chaldæan deity, 190.

Blackness of complexion, the result of the curse of Canaan, 79; associated with evil, 79; traditions regarding, 81, 82; a mark of inferiority, 84; how used by satirists, 85; operation as a curse, 89, 90.

Blackstone on primitive life and a state of nature, 54.

Boat, philology of the word, 196.

Bochica, 325.

Bolabola, declaration of war at, 388, 389.

Bonzies, the, 270.

Book of Genesis, the, 120.

Book of Sothis, 95.

Bougainville on divinities of the Tahitians, 315.

Boulanger, M., quoted, 118; on diluvian tradition, 242, 243, 247, 262; on the Golden Age, 328, 329.

Brace, Mr, his "Ethnology," quoted, 27, 37, 267.

"Breach of etiquette," a, consequences of, 403; the ostensible pretext of Franco-German war, 404.

Brigham Young and the Mormons, 18.

_British Medical Journal_ on explosive bullets, 400.

Bronze Age, the, 293, 334, 335; its commencement, 336.

Bryant, Mr J., xi.; on creation of man, 133, 136; on the symbol of the bull, 203; on Dionusus, 215; on Noah and Janus, 219; his derivation of Juno and Venus, 392; on the dove, 395.

Buddhist legend, 136.

Buffaloes, Feast of the, 260.

"Bull-dance," the, 254; parallel accounts of, by Burton and Catlin, 254.

Bunsen, Baron, 37; on Chinese and Egyptian chronology, 58-62, 73; on Egyptian chronicles, 94-96; on tradition of creation, 132; on the Kabiri, 198; on Arya, 335.

Burial customs among Mandans and Formosans, 268.

Burial, mode of, common to several savage nations, 308.

Burton, Capt. Richard, on Fetish, 80; on Dahome customs, 250; the bull-dance, 254; the big canoe, 255; the baskets of water, 256; the gourds or calabashes, 257; the "aged white man," 258, 259; customs at Whydat, 262.

Burton, J. Hill, 3.

Cadmus and alphabetic writing, 221.

Caduceatores, the, 390.

Cain, tradition in Tonga connected with, 82.

Calmet on "Sem," or Shem, 207; on Saturn, 210.

Canaan. _See_ Chanaan.

Canada, Col. Macdonell's service in, xxiii., xxiv.

Canaanite race, the correspondence between and aboriginal tribes in India, 39, 48; literal fulfilment of prophecy regarding, 40, 41, 83, 85.

Canopied boat, the, of the Egyptians, 273.

Carver, Mr, on Indian wars, 28; the Indian mode of declaration of war, 399, 401; Indian flags of truce, 405.

Cashmir, tradition of Deluge in, 68; commemorative festival in, 69.

Catholicism and Christianity, identity of, 113.

Catlin, Mr G., on traditions of Creation among the Indians, 134, 138; of Deluge, 223; the "O-kee-pa," 245; the big canoe, 255; the baskets of water, 256; the gourds or calabashes used by the Indians, 257; the "first man," 258, 259; the "evil spirit," 260; water ceremonies, 262; on the pheasant, 266; description of a "whale ashore" at Vancouver's Island, 317; on the cranial development of the Flathead and Crow Indians, 318.

Caverley's Theocritus quoted, 217.

Centre of tradition, the, 339.

Ceremony at Gorbio, 307.

Chaldæa, early inhabitants of, 184.

Chaldæan Pantheon, deities of the, 183.

Chaldæan system of chronology, 57; religion, 163.

Champagny, M. F. de, 404, 409.

Chanaan, or Canaan, the curse of, 79; tradition of this curse among the Sioux Indians, 81; in Tonga, 82.

Chandordy, Count, 405.

Chaos in the Phoenician cosmogony, 174; the commencement of all things, 174-177.

Chateaugay, xxviii.

China, certain and uncertain history of, 58, 59; astronomical cycle of, 61; aboriginal tribes, 133; belief in, as to creation of man, 134.

Chinese chronology, 58-65; confusion in, 65.

Chinese tradition of first and second heaven, 328.

Chin-nong, 240.

Chippeways and Natchez tribes, institution of perpetual fire among, 320.

Choctaw Indians, tradition regarding creation of man, 134.

Christian doctrine, the foundation of, 142.

Chronicles of Egypt, 93.

Chronology, Egyptian, Palmer on, 92-104; the Sothic cycle, 96-100; various systems of, 101.

Chronology, from the point of view of science, 72; Bunsen's views, 73; Lyell's, 73; Sir John Lubbock's, 73-75; Hales on, 85.

Chronology, from the point of view of tradition, 55; historical testimony and evidence in favour of Scriptural, 55; Indian, 56; Babylonian, 57; Hales, Rev. W., on, 57; Chinese, 58-65.

Chronos, Saturn as, 218.

Cicero, on International Law, 10; "De Legibus" quoted, 368; the "Offices," 375.

Civilisation, a state of, the primitive condition of man, 284.

Civilisation, principles and teaching of, 339.

Civilisation, progress of man to, 329, 331.

Cognation and agnation among the Romans, 357, 358.

Coincidences of the Bible with Sanchoniathon, 130.

Coleridge, H. N., on oral transmission of tradition, 122.

Coleridge, Rev. Henry J., 224; on conflicting elements of heathenism, 344.

College, the Fecial, 373.

Colour in man, persistency of, 77.

Coloured cloth and feathers, emblematic of peace and war, 388-392, 398.

Commemorative Festivals. _See_ Festivals, Commemorative.

Comity of nations, restriction of the 379.

Communal marriage, 51, 52.

Commune, the, 110.

Communistic schemes, 109.

Comte and the Comtists, 112.

Conflicting elements of heathenism, 344.

Confusion of tongues, Hesiod on the, 334.

Confusion of tradition of Enoch with Xisuthrus and Noah, 326.

Conscience, Mr Darwin on, 2, 12; its subjective existence, 12; outward expression, 13.

Constituent Assembly, the, of 1789, Montalembert on, 113.

Cook, Capt., on customs at Huaheine, 271, 272; quoted, 298; on declaration of war at Bolabola, 388, 389.

Copan, the peaceable people of, 29.

Cosmogony, Roman ideas of the, 23.

Cosmopolitic Areopagus, a, 383.

Cox, Rev. G. W., xiv.; on mythology, 158, 165, 168; on myths of Venus and Adonis, 396, 397.

Cranial development of Flathead and Crow Indians, 318.

Creation of man, tradition of among Red Indians, 133; Max Müller on, 133.

Creation, the, Mexican tradition of, 152, 153; Slavonian account of, 154.

Creoles, the persistency of colour in, 77.

Cunningham, Major, the "Bhilsa Tope," 252.

Curse of Canaan, the, 79; traditions of, 81-85, 217.

Customs of the Samoides, 28; at Huaheine, 271.

Cycle, astronomical, of China, 61; the Sothic, 96, 98-100.

Dagon, the god of the Philistines, 200; the Fish-man, 219; Mr Layard on, 238.

Dahome, the "So-sin" customs of, 250, 251, 254-262; precedence of women in, 259.

Dancing an Indian ceremonial, 302, 303.

D'Anselme, Vicomte, on philology of Noah and boat, 196.

Darkness, associated with the Serpent, 173; the parent of light, 174-177.

Darwinism, Benthamism tested by, 17.

Darwin on Conscience, 2, 12; and the utilitarians, 15-17.

Davies, Rev. E., xi., 253.

Day and night, used as symbols, 84.

Declaration of war, the, 386; accompanied by religious formalities, 386, 387; method of, at Bolabola, 388, 389; at St Julian, 389; symbols used at, 389-392; Plutarch on, 397; traditionary modes of, 398-400; importance attached to forms of, 402; consequences of the violation of forms of, 406-411.

Deities of the Chaldæan Pantheon, 183.

"De Legibus" quoted, 10, 133.

De Quincey, quoted, 383.

Deluge of Deucalion, the, 224, 225, 229.

Deluge of Ogyges, the, 229; anterior to that of Deucalion, 230; its date, 231.

Deluge, the--traditions of, localised in China, 65-67; commemorative monument of, 67; traditions of, in Egypt, 67; in Cashmir, 68; among Sioux Indians, 81; among Tartar tribes, 135; L'Abbé Gainet on, 137; Phrygian legend of, 193; Phoenician legend of, localised, 198; Santal legend of, 199; Etruscan monument commemorative of, 204; connection of Saturn with, 210-212; of Ogyges and Deucalion, 222; traditions of, among Indian tribes, 223; Sanscrit story of, 224; its date, 231; traditions of, among Greeks, 230-235; Frederick Schlegel on, 233, 234; traditions of, in Africa and America, 242; Boulanger on, 242, 243; commemorative festivals of, 243-246, 252-262, 275-282; the dove and rainbow of, 393, 396. _See also_ Noah.

"Democracy in America," Tocqueville's, 8.

Demonolatry, 146.

"De Rerum Natura" quoted, 334.

Deucalion, 222; Mr Grote on traditions of, 224, 225; Max Müller on legend of, 226; Mr Kenrick on, 230-232, 241; connected with Hydrophoria at Athens, 244.

Devil, the, belief in among savages 302.

Devil-worship, 141.

Diana, the temple of, 364.

Diffusion of Hamitic races, 41.

Dike and dikaspoloi, 347.

Diluvian tradition. _See_ Noah, Deluge.

Diluvian traditions in Africa and America, 242-282. _See_ Deluge. Festivals (commemorative).

Diogenes Laertius' scheme of chronology, 101.

Dionusus, identified with Noah, 215; the first king of India, 220, 221.

Dionysia, 249.

Discovery of America, the, a proof of tradition, 324.

Dispersion, the, 329, 336; rise of government under, 342.

Disraeli, Mr, on sceptical effects of discoveries of science, xvi., xvii.

Distribution of races, 89.

Divergence between religion and philosophy, 108.

Divinities of the Tahitians, 315.

Divinity attaching to forms, 402, 403.

Dixon, Hepworth, his conversation with Brigham Young, 18; his views of human progress, 32.

Donoughmore, Earl of, 408.

Dove, the bird of Venus, 392; traditions of, 394-396.

Duc de Grammont, the, 404.

Dyaks and Javanese, contrast in colour, 81.

Dyans, 170.

Dyer, Dr, on the Sabines, 352; the temple of Diana, 364.

Dynasties of Egypt, 97, 98, 102, 103.

Dynasty of the Popes, 381, 382.

Eastern Islanders, tradition among the, 200.

Egg, the mundane, tradition of, 306; an emblem of the Creation, 307; the Mahabarata account of, 308.

Egypt, chronology of, 92; its Chronicles, 93; dynasties of, 97; commemorative festival of the Deluge in, 249.

Egyptian chronology, Palmer on, 92-104.

Egyptians, the, canopied boat of, 273; Jewish rites and ceremonies borrowed from, 274.

Ellis's "Polynesian Researches" quoted, 265; on Tahitian relics, 312.

Endogamy, 45-47, 50.

English socialists, 110.

Enoch, result of his disappearance regarding Nimrod, 160; embodied traditionally in Chaldæan gods Ana and Enu, 192.

Enu or Bil, a Chaldæan deity, 190; a reduplication of Enoch, 192.

_Epi_metheus (afterthought) and _Pro_metheus (forethought), 180.

Epochs of prehistoric archæology, 287, 288.

Equality of the sexes, 109.

Eratosthenes, 95; scheme of chronology of, 103.

Eros and Iris, 394.

Eschylus, the "Supplicants" quoted, 398.

Esquimaux, the, 311.

Ethnological difficulties, 89-91.

Etruscan monument commemorative of the Deluge, 204.

Etymologies--of _man_, 134, 227, 228; _Noah_, 196; _boat_, 196; _river_, 253; _horse_, 253, 255; _plough_, 255; names of metals, 290; _fire_, 321; _plough_, 335.

Euridike and Orpheus, 173.

European league, a general, 381, 382.

European radicalism, 110.

Eusebius' testimony to value of tradition, 120.

Evil associated with blackness, 79.

Evil Spirit, the, in Mandan ceremonies, 260.

"Excursion," the, of Wordsworth quoted, 145.

Exogamy, 45-47.

Falconer's "Palæontological Mem.," 139.

Fall, the, Lenormant on, 128.

Family, the, 26; tendency to dispersion of, 27; gradual consolidation and expansion into tribes and then to states, 30, 31; the unit of ancient society, 339.

Family tradition, confusion of, 116.

Fatimala, the, 40.

Feast of the Buffaloes, the, 260.

Feathers, coloured, emblematic of peace and war, 389-392.

Fecial College, the, 373; correspondence of, with Herald's College, 374.

Federal union between Romans and Latins, 355.

Feegees, the, religion among, 301; their characteristics and civilisation, 313.

Fergusson, Adam, on the Six Nations, 365.

Festivals, commemorative, of the Deluge, 66; in Cashmir, 69; among various nations, 243; the Hydrophoria at Athens, 244; the "O-kee-pa," 245; the Panathenæa, 248; the Dionysia, 249; in Egypt, 249; among the Mandan Indians, 250; the "So-sin" customs of Dahome, 250, 251; at Sanchi, 252; the "Bull-dance," 254; the "big canoe," 255; the baskets of water, 256; the gourds and calabashes, 257; the "first man," 258, 259; among the Santals, 262; among the Japanese, 268, 269; at Huaheine, 271; among the Egyptians, 273; among the Patagonians, 275-279; Pongol Festival of Southern India compared with Mandan and Dahoman ceremonies, 275-282. _See_ Deluge.

Fetish, 80.

Feuds and wars, origin of, 27-29.

Fire, unknown to various ancient nations, 128, 129; knowledge of among savages, 318-320; Polynesian etymology of the word, 321.

"First man," the, in Mandan ceremonies, 258, 259, 263.

Fish-god, the, of Berosus, 202.

"Fish, history of the," 197.

Flag, the white, a symbol of peace, 391.

Flags of truce, Carver and Count Chandordy parallelised, 405.

Flathead and Crow Indians, the heads of, 318.

Flint, use of, among ancient nations, 297.

Fohi the great, 63; identified with Adam, 64, 232.

Formation of States, 342, 343.

Formosans, burial customs among the, 268.

Foundation of law of nations, 412.

Foundation of Christian doctrine, the, 142.

Foundation of Roman law, 352-360.

Four Races, the, or Kiprat-Arbat, 184.

France against Austria, consequences of the war of, 407-409.

Franco-German war, the, its ostensible pretext, 404; its abnormal character, 404; origin of traced to Congress of 1856, 406.

Fresquet, De, on declaration of war, 386, 387.

Fuegians, religion among the, 303, 304; the lowest race of savages, 313.

Fulfilment of prophecy regarding Chanaan, 40, 41.

Gainet, L'Abbé, on diluvian tradition, 137; on mythology, 159; on Chaldæan monotheism, 187; translation of the "History of the Fish," 197; on Deucalion, 228; on Mandan traditions, 272.

Genesis, the Book of, 120; relation of traditions to, 127, 128, 130.

Geological speculations, 233.

"Gesta Romanorum," tale from the, 179.

Gibbon, on the use of letters, 120; his "Decline and Fall," quoted, 120, 361.

Gladstone, W. E., his "Juventus Mundi," 114; on the mythology of Homer, 162; on tradition, 182, 183; on impersonation of good and evil, 310; the key to the Homeric system, 332; the progress of Greek morality, 349; the Homeric age, 375.

Gnostic sect, a curious, 154.

Goguet, M., on origin of laws, 121; human progress, 128; kinship, 129; Janus, 219.

Golden Age, the, and Noah, 323; basis of the theory, 323; its commencement, 323; under Saturn, 325; tradition of, 328; Boulanger on, 328, 329; Sir Henry Maine on, 351.

Gorbio, curious ceremony at, 307.

Gould, Mr Baring, xvi.; on "Origin and Development of Religious Belief," 140; summary of his views, 141; his views opposed to tradition, 142; partial recognition of the value of revelation, 147; on monotheism, 150; on the Samoyed superstitions, 155.

Gourds and calabashes, the, used in Dahoman and Mandan festivals, 257.

Govat, Charles E., his description of the Pongol festivals, 275-282.

Governments, rise of, after Dispersion, 342.

Gradual progress of religion among primitive peoples, 143, 144, 148, 154.

Great Hare or Rabbit, tradition of the, 152, 153.

Greatest happiness principle, the, 13, 16.

Grecian mythology, 164-170.

Grecian traditions of the Deluge, 230-235.

Greek and Latin Leagues, 367.

Greenwood's, Col. G., "Rain and Rivers," quoted, 233, 234.

Grote, Mr, 30, 42; on importance of myths, 117; on Deucalion, 224.

Grotesque belief of the Hindoos as to support of the Earth, 138.

Guanches, religion of the, 305.

Guinea, religious festival in, 303.

Guinnard, M., his narrative of Patagonian ceremonies, 275-279.

Hales, Rev. W., on chronology, 57, 85, 90.

Ham, identified with Hoang-ti, 64; prosperity of, 85; tradition of his blackness of complexion, 86; Sir J. G. Wilkinson on, 86; Bacchus identified with, 215.

Hamitic races, diffusion of the, 41; apostasy of, 160.

Hea or Hoa, a Chaldæan deity, 194; the inventor of cuneiform writing, 195.

Heathenism, conflicting elements of, 344.

Heavens, First and Second, Chinese tradition of, 328.

Helps, Mr, on worship of Peruvians, 304; his traditions of Peru compared with classical and oriental traditions, 325-327.

Hercules or Herakles, supposed identity with Adam, 42; confusion of traditions regarding, 158, 180.

Herodotus quoted, 33, 68.

Hero-worship an early form of idolatry, 160, 161; among the Chaldæans a source of deification, 188, 190, 191.

Hesiod and the Iron Age, 129; on the confusion of tongues, 334.

Hetairism, 53.

Heterogeneity, 46.

Hieroglyphic of the Dove, 395.

Hindoo laws of war, 400.

Hindoos, curious belief as to the world's support, 138.

"Historicus" (in _Times_) on International law, 384.

"History of the Fish," 197.

History of Western civilisation, Dr Newman on, 338-340.

Hoa or Hea, 194.

Hoa, account of, by Berosus, 327.

Hoang-ti, 60, 63; identified with Shem or Ham, 64; with Noah, 65.

_Home and Foreign Review_ on Belligerent Rights at Sea, 376, 377.

Homeric Age, the, 375.

Homer's Iliad quoted, 347.

Hooker, Dr, on the beliefs of the Lepchas, 305; on the Khasias, 306; on the conduct of war, 400.

Horrors of war, limitations to, 400.

Horse, etymology of the word, 253, 255.

Houacouvou, director of evil spirits, Patagonian festival in honour of, 277.

Huaheine, customs at, 271.

Human race, tradition of the, 105-153.

Human society founded upon a contract, 21.

Hunter, Mr, on Indian traditions, 29; on primitive life in India, 34, 36; on Aryan colour, 84; on Santal customs, 247, 262.

Husenbeth, Very Rev. Dr, xv.

Huxley's definition of Positivism, 113.

Hydrophoria, the, at Athens, 244.

Hyksos or Shepherds, dynasty of, 102.

Identification of Noah with Saturn, 325.

Identity of Christianity and Catholicism, 113.

Il or Ra, the Chaldæan deity, 183; account of, by Rawlinson, 185.

Iliad, the, quoted, 347.

_Illustrated London News_ on Japanese religious festivals, 268; on ceremony at Gorbio, 307.

Impersonation of good and evil, Mr Gladstone on, 310.

Indian ceremonials, Washington Irving on, 302.

Indian chronology, 56.

Indian mode of declaration of war, 399, 401.

Indian tribes, close resemblance of one to another, 77.

Indian wars, their causes, 28, 29.

Indians, Red, tradition regarding creation of man, 133; of the earth, by Michabo, 152, 153; ordeals and tortures, 247.

Indians, traditions among Mozca, 70.

Indo-Germanic races identified with descendants of Japheth, 42.

Influence of Stoics on Roman law, 372.

Inheritance through females, 52.

Interfusion of ancestral and solar worship, 205.

International Law, the _Tablet_ on, 3; Bentham on, 3, 5, 6; its origin and growth, 4; an unwritten law, 4; De Tocqueville on, 8; _Pall Mall Gazette_ on, 9, 11; Cicero on, 10; an "organised constraint," 10; analogy with law of honour, 11; original idea at its basis, 11; relation to utilitarianism, 14, 15; the _jus feciale_, 373; "Historicus" on, 384.

International Society, the, 110.

Invention of writing, 123.

Inventiveness of savage races, Sir J. Lubbock on, 310.

Ionian federation, the, 364.

Iris and Eros, 394.

Iron Age, the, 129.

Iroquois, traditions regarding creation of man, 135.

Irving, Washington, on Indian ceremonials, 302.

Jacob, 151.

James, W., xxiii.

Janus, 217; derivation of January, 218; a double-headed god, 219, 220; identified with Noah, 326.

Japan, commemorative festival of the Deluge in, 268, 269.

Japanese legend of the bull and the egg, 257.

Japetus, identity of with Japheth, 43.

Japheth, fulfilment of prophecy regarding the race of, 41; their prosperity, 41; identity with Indo-Germanic races, 42.

Javan, son of Japheth, identified with Yavana, 43.

Javanese and Dyaks, contrast in colour, 81.

Jenkins, Captain, xxvii.

Jewish monotheism, 149.

Jewish rites and ceremonies borrowed from Egyptians, 272-274.

Juno and Venus, derivation of names of, 392.

_Jus Feciale_, the, 373.

_Jus Gentium_, the, 351, 353, 373.

Kabiri, the, 197; Bunsen on, 198.

Kant's scheme of a universal society, 383.

Kenrick, Mr, on Manu, 228; the tradition of Deucalion, 230-232.

Khasias, the, superstitions of the, 306.

King, Captain, quoted, 265; on Sandwich Islanders, 315.

Kinship through females, 46, 47, 51; Goguet on, 129.

Kiprat-Arbat, the, or Four Races, 184.

Klaproth, on Sanscrit history, 68; on the curse of Canaan, 83.

Kronos, or Noah, 136.

Lacordaire, L'Abbé, 4; on tradition, 105-107.

Laertius', Diogenes, scheme of chronology, 101.

Lamech, the story of, embodied in various traditions, 178, 179.

Lapland tradition, a, 296.

"Last Rambles," the, of Catlin, quoted, 134.

Latin League, the, 355.

Law connected with religion, 368.

Law, International. _See_ International Law.

Law of honour, the, 11.

Law of Nations, the, an unwritten law, 4; Sir Henry Maine on the, 338; common to all nations, 345; testimony to in the Manx Thing, 347; ancient codes of, 350; the _jus gentium_, 351; origin of the phrase, 352, 353; the Amphictyonic Council, 361; primary objects of, 367; common source, 371; discussed on the basis of usage, 378; the _lex legum_ of mankind, 385; a modern transgression of, 405; the seizure of Papal States a flagrant violation of, 407-409; adaptability of, 410; foundation of, 412. _See_ International Law.

Law of Nature, the, 20; question whether there is or is not a, 20; different solutions of this question, 20; Sir G. C. Lewis on, 22; Sir H. Maine on, 22, 25; what the Roman meant by it, 23; among the ancients, 23; a social compact, 23, 24; tradition of, 350; origin of the phrase, 352, 353.

Law, unwritten, 369; Ozanam on, 370, 371.

Laws, the first, of all nations, 121.

Layard, Mr, on the man-fish, 238.

League of the Ten Kings, 367.

Legend of the tortoise, 138, 139; of Michabo, 152, 153; of the bull and the egg, 257.

Legends of OEdipus and Perseus, 178.

Legists of different nationalities, their agreement accounted for, 385.

Lenormant, on Noe, 88; on the Fall, 128.

Lepchas, the, curious legend of, 224; religion among the, 305, 307.

Letters, the use of, a distinction between a civilised and savage people, 120.

Levitical worship, the ceremonial borrowed from Egypt, 272, 273.

Lewis, Sir G. C, on Law of Nature, 22, 24, 380.

Light and darkness, as symbols, 84.

Limitations to horrors of war, 400.

Local tradition, persistency of, 117.

Lower Egypt, dynasties of, 103.

Lowest races of savages, the, 313.

Lubbock, Sir John, on primitive marriage, 51; on the antiquity of man, 91; on _water_-worship, 252; on tradition, 283; his theory opposed to that of De Maistre, 287; division of pre-historic archæology, 287,288; untrustworthiness of tradition for evidence of history, 294; on religion among savage races, 299, 300, 308; his suppositions regarding inventiveness of savage races, 310-314; views supported by Duke of Argyll, 314; description of a "whale ashore" in Australia, 316; on the knowledge of fire, 318-321.

Lucas, Mr Edward, xv.

Lucretius' "De Rerum Natura" quoted, 334.

Lyell, Sir C., xiii.; on human progress, 73, 123.

Macaulay, Lord, on Benthamism, 13, 15; the dynasty of the Popes, 381, 382.

Macdonell, Col. George, xii.; memoir of, xix.; parentage, xx.; an admirer of the Stuarts, xxi.; results of a letter to the War Secretary, xxii.; raises a regiment of Macdonells, xxiii.; service in Canada, xxiv.; the taking of Ogdensburg, xxv.-xxix.

M'Lennan, Mr, on primitive marriage, 44; on marriage customs, 47, 125.

Macrobius, on Janus Bifrons, 218.

Maine, Sir Henry, xv.; on the law of nature, 22, 25; on the law of nations, 338; the unit of ancient society, 341; notions of primitive antiquity, 343; on ancient codes, 350; the _jus gentium_, 351; origin of name of law of nations, of nature, &c., 352, 353; the foundation of Roman law, 357, 358; his distinction between _jus gentium_ and _jus feciale_, 373.

Maistre, Count Joseph de, his theory regarding the early races of man, 78; his view of tradition, 283-286; on the pontifical power, 381.

Malays, traditions among the, 136.

Malthus, Mr, theories regarding over-population, 17.

"Man," Max Müller on derivation of the word, 134; its etymology, 227, 228.

Man and the monkey, traditions connecting the, 136.

Man-bull, the, traditions of, 203.

Manco-Capac, 240; the lawgiver of Peru, 325; identity of with Quetzalcohuatl, 326.

Mandan Indians, traditions among the, 134, 138; tradition of the Deluge, 191; commemorative festivals among, 250, 254-262; the Evil Spirit of, 200; source and origin of, 263-266; mode of burial of, 268; art of fortifying their towns, 314.

Manetho, 94; system of chronology of, 95, 96.

Man-fish, Mr Layard on the, 238.

Manning, Dr. _See_ Westminster.

Manning, W. Oke, 14, 384.

Man's progress, from a savage to a civilised state, 32; exceptional cases of the Arab and Iroquois, 33; Lyell's views of, 73; Lubbock's views, 73, 75; Bastian's views, 75.

Manx Thing, the, 347.

Maritime Alps, local ceremony in the, 307.

Marriage, primitive, 44, 125; customs, 47; communal, 51, 52.

Maupertuis', M., account of a Lapland tradition, 296.

Meaco, ceremony in the temple of, at Japan, 269.

Meaning of the word Adam, 134.

Melia, Very Rev. Dr P., xv.

Memoir of Colonel Macdonell, xix-xxix.

Memphis, 67.

Menes, the first king of Egypt, 67; early legend regarding, 192; the first who put laws in writing, 295.

Menu, Ordinances of, 40, 49.

Metallic weapons of ancient races, 290, 293.

Metallurgy of the ancients, Mr Vaux on the, 292.

Mexico, the States of, 366.

Mexicans, traditions among the, regarding creation of man, 133; of the earth, 153.

Michabo, the legend of, among the American Indians, 152, 153.

Mill, Mr J. S., quoted, 32; on the status of women, 109.

Mistletoe, the legend of the, 172, 176.

Mivart, Mr St George, xv.

Modes of settlement into communities, 31.

Monkey and man, traditions connecting the, 136.

Monogamy, 124.

Monotheism, Jewish, 149; Semitic, 170; Chaldæan, 187.

Mosaic law, origin of, 359.

Montagu, Lord Robert, M.P., xvi.

Montalembert, De la, 4, 113; on results of Congress of Paris, in 1856, 406.

Montesquieu, 384, 385.

Montfauçon on Bacchus, 215; the declaration of war, 387.

Mormons, the, 18.

Mosaic authorship of Pentateuch, evidence of, 359.

Mozca Indians, the, 70; tradition of Bochica among, 325.

Müller, Mr Max, on Aryan dialects, 36; on Comparative Philology, 116; on derivation of the word _man_, 134, 228; nature-worship, 143; mythology, 165, 167-170; on legend of Deucalion, 226; "Comparative Philology" quoted, 393.

Mundane egg, the, 306, 307.

Myrmidon, 240.

Mysterious origin of aboriginal races, 35.

Mythological tradition among the Eastern Islanders, 200.

Mythology, 157; source and origin of, 159-164; solar, 166; Rev. G. W. Cox on, 168; Max Müller on, 167-170; complications and confusion in, 171-181; Assyrian, _see_ Assyrian mythology.

Myths connecting man with the monkey, 136.

Myths, their importance, 117.

Natchez tribes, institution of perpetual fire among, 320.

Nations, law of. _See_ International Law, Law of Nations.

Natural right, 5.

Nature, law of. _See_ Law of Nature.

Nature-worship, 143, 163, 173.

Nazarians, the, a curious Gnostic sect, 154.

Nebo, a Chaldæan deity, 206; resemblance of, to Shem, 207.

Necessities of the pastoral life, 27.

Negro, the, persistency of colour in, 77; subserviency of, 80.

_Ner_, _soss_, and _sar_, Chaldæan periods of time, 57.

Nergal identified with Mars, 164.

Newman, Dr, 310, 323; on history of Western civilisation, 338-340.

New Zealanders, curious tradition among, 139; their degeneration and retrogression, 321, 322.

Nicolas, Mon. A., 107.

Niebühr, quoted, 364.

Nillson, Professor, on the Stone Age, 290, 292; quoted, 297.

Nimrod, a powerful chieftain, 88; in the Chaldæan mythology, 158; identity with Belus, 159; his apotheosis confounded with Enoch's disappearance, 160.

Nin or Ninip, the true fish-god, 200; identification with Noah, 202; emblem of, in Assyria, 203; note of Rawlinson on, 205.

Noah (or Noe), identified with Shin-nong, 64, 232; with Oannes, 139; confusion of traditions regarding, 158; traditions of, among the Chaldæans, 183; philology of the name, 196; warlike epithets applied to, 202; correspondence of Nin to, 202; Nebo a counterpart of, 206; identifications of (with Xisuthrus) 208, (with Saturn) 210-212, (with Bacchus) 215, (with Janus) 217, 326, (with Ogyges and Deucalion) 222; the depositary of tradition and channel of law, 236; summary of evidence regarding traditional identifications, 236-241; and the Golden Age, 323; proofs of identity with Saturn, 325; associations of dove and rainbow with, 393, 396. _See_ also Deluge, Festivals, commemorative.

Nomadic life, 27.

Normandy, the Marquis of, 408.

Notions of primitive antiquity, 343.

"Num," the deity of Samoides, 155.

Oannes, the mysterious fish, 199; the god of science and knowledge, 201.

Oceanus, Saturn identified as, 217.

OEdipus, legend of, 178; identified with Lamech, 178; corruption of the legend in the "Gesta Romanorum," 179.

"Offices," the, of Cicero quoted, 373.

Ogdensburg, the taking of, xxvii.

Ogier, M. Pegot, on the worship of the Guanches, 305.

Ogilby's "Japan," quoted, 268, 269.

Ogyges and Deucalion, traditional connection of, with Deluge, 222.

"O-kee-pa," the, a religious ceremony of Mandans, 245, 246.

Old Chronicle of Egypt, the, 93; analysis of, 97.

Opischeschaht Indians, ceremonies among the, 268.

"Oracula Sybillina," the, quoted, 188, 195, 236, 237.

Oral transmission of tradition, 121, 122; H. N. Coleridge on, 122.

_Orbis terrarum_, the, 338, 339; nucleus of, 344.

Ordeals among the Indians, 247.

Ordinances of Menu, 40, 49.

Oriental religions, Cardinal Wiseman on the, 154.

"Origin and Development of Religious Belief," Mr Baring Gould on, 140-153.

Origin and growth of International law, 4.

"Origin of Laws," Goguet's, quoted, 128.

Origin of Mosaic law, 359.

Orpheus and Euridike, 173.

"Orvar Odd's saga," 296, 297.

Osiris, the judge of the soul, 189, 240.

Over-population, Malthus' views regarding, 17.

Ox Temple of Meaco, ceremony in the, 269.

Ozanam, on Laws, 370, 371.

Pachacamac, the Peruvian deity, 186, 304, 305.

Pagan view of the social compact, 23.

_Pall Mall Gazette_, the, on the Darwinian theory of conscience, 2, 12; on laws, 9, 11; on utilitarianism, 14, 18; on European radicalism, 110; on the custom of the Manx Thing, 347.

Palmer, Mr William, on Egyptian chronology, 92-104, 159; on Osiris, 189.

Panathenæa, the, 248.

Pantheon, the, of the Egyptians, 159; of the Chaldæans, 163.

Papacy, the, head of a general European league, 381, 382.

Papal States, seizure of the, 407-409.

Paralleled traditions, 254-262; customs, 268; festivals, 275-282, 325-327.

Parlementaires, 405.

Pastoral life, necessities of, 27.

Pastoret's History, quoted, on Amphictyonic Council, 363, 364, 369.

Patagonians, religious festivals among the, 275-279.

Peace and war, symbols of, 388-392.

Peacock, the, symbol of the rainbow, 388-392.

Pelasgians, the, 361.

Pelasgus, 240.

Pentateuch, the Rev. W. Smith's work on, quoted, 272, 273, 359.

Pentheus, the fate of, 217.

Peopling of American Continent, how accomplished, 263-266.

Persistency of colour in African races and others, 77.

Perseus, legend of, 178.

Persians, ancient tradition of the, 128.

Peru, the deity of, 186.

Peruvians, worship of the, 304; Garcilasso de la Vega on, 305.

Pheasant, the, relation of, to the Mandans, 266.

Philology, comparative, 116.

Philosophy alone is not religion, 145.

Phoenician tradition of Deluge, 211; cosmogonies, 132, 159.

Phoroneus, the father of mankind, 90, 239.

Phrygian legend of the Deluge, 193.

Pinkerton's account of religion of the Samoides, 155.

Plato, tradition of condition of families recorded by, 30, 332; his Atlantis, an embodiment of tradition, 367.

Plough, etymology of the word, 255, 335.

Plumtre's Æschylus, 390.

Plutarch's "Numa," quoted, 397.

Polyandry, regulated and rude, 48, 49.

Polygamy, 125.

"Polynesian Researches," quoted, 265.

Polytheism and monotheism, 149-151.

Pongol festival of Southern India, 275-282.

Pontifical power, the, 381.

Poole, Mr, 76.

Pope, the, centre of a European league, 382.

Pope's Odyssey quoted, 389.

Poseidon, 240.

Positivism, Huxley's definition of, 113.

Posterity of Ham, the, 87, 88.

Precedence of women in Dahome, 259.

Pottery, the art of, an evidence of progress, 73, 311.

Pre-historic Archæology divided into four epochs, 287, 288.

Prayer and Punishment, expressed by same word by Latins, 286.

Prescott's "History of Mexico" quoted, 309, 366.

Prevost, Sir G., xxv., xxvi.

Primary objects of Law of Nations, 367.

Primitive condition of mankind, traditions regarding, from Sanchoniathon, 126, 284.

Primitive life, 26; the family, 26; society and government, 26; necessities of pastoral, 27; origin of feuds and wars, 27-29; tendency to dispersion, 27; gradual consolidation, 30, 31; Mr J. S. Mill on, 32; progress from a savage to a civilised state, 32; the Arab and Iroquois exceptional instances, 33; distinctive avocations of hunter, husbandman, and shepherd, 33; in India, Mr Hunter on, 34, 36; exogamous tribes, 46; polyandrous families, 48; marriage, 49-51; views of Blackstone on, 54.

Primitive marriage, Mr M'Lennan's theory of, 44; Sir John Lubbock on, 51.

Primitive races, 43.

Prophecy of St Malachy, 380.

Progress of man to civilisation, 329, 331.

Prometheus, supposed identity with Adam, 42; confusion of traditions regarding, 158, 180.

Promiscuity, 47, 125.

Pu-an-ku, the primeval man, 63.

Public opinion, 6, 7.

Purification and punishment, association of, 286.

Pythagoras, 233.

Quapaws, tradition of the, 29.

Quetzalcohuatl, identity of with Manco Capac, 326.

Quincey, De, 136; on Kant's scheme of a universal society, 383.

Rabbit, the Great, tradition of, 152, 153.

Races, primitive, 43.

Radicalism, European, 110.

Radien, the deity of Scandinavian mythology, 186.

"Rain and Rivers," the, of Col. G. Greenwood, quoted, 233, 234.

Rainbow, the symbol of peace, 392; tradition of the, 393-395.

Ra or Il, the Chaldæan deity, 183; account of, by Rawlinson, 185.

Ravana, 50.

Rawlinson, Professor, xvi., 25, 30; on Babylonian chronology, 57, 58; on good and evil personifications, 83; identification of Nergal with Mars, 164; on deities of Chaldæan Pantheon, 183, 185, 190, 194; on Nin or Ninip, 205; on Noah, 239; corroboration of Assyrian history, 289; the use of metals, 293.

Reduplication and confusion of deities, 190.

Reduplications--of Yao and Hoang-ti, 65; of Enoch, 192; of Bacchus, 215, 216.

Relics of Scriptural tradition in Greece, 182.

Religion and philosophy, divergence between, 108.

Religion of the Samoides, 155; among savage races, 299; the Tonpinambas of Brazil, 301; the Feegees, 301; among Indians, 302, 303; in Guinea, 303; among the Fuegians, 303, 304; among Peruvians, 304, 305; among Lepchas and Limboos, 305; among the Khasias, 306; among Andamans, 308; among Tahitians, 314, 315; among Sandwich Islanders, 315; in Vancouver's Island, 317.

Religion, gradual progress of, among primitive peoples, 143, 144, 148, 154.

"Religion the representation of a philosophic idea," 141.

Religious formalities on declaration of war, 386.

Restriction of the comity of nations, 379.

Revelation, primitive, 146, 147.

Rites, Levitical, borrowed from the Egyptians, 272, 273.

River, etymology of the word, 253.

Rock, the Very Rev. Dr, 387.

Roman Church, the _Spectator_ on, 110.

Roman law, 351-353; influence of Stoics on, 372.

Roman ideas of the cosmogony, 23.

Romans and Latins, political union of the, 355.

Rude and regulated polyandry, 48, 49.

Ryley, Mr E., on Belligerent Rights, 376, 377.

Sabines, the, 352.

Sacrifices in the Temple of Neptune, 368.

Sacrificial weapons, 293.

St Julian, scene at, 389.

St Malachy, ancient prophecy of, 380.

Saluberry, General De, xxvii.

Samoans, the, 313.

Samoides, customs of the, 28; their religion, 155, 156.

Samoyed traditions of Creation, 154, 155.

Sanchi, commemorative festival of Deluge at, 252.

Sanchoniathon, traditions from, 126; relation of, to Genesis, 127, 128, 130; on diluvian tradition, 211.

Sandwich Islanders, religion among the, 315.

Sanscrit literature, 56; etymology of the word _plough_, 335.

Sanscrit story of the Deluge, 224.

Santals, the, 35; struggle with the Aryans for the mastery, 36; traditions of, 223; customs of, 262.

Satirists, use of blackness of complexion by, 85.

_Saturday Review_, the, on Mr Gladstone's "Juventus Mundi," 114; on Indian traditions, 228.

Saturnalia, the, 214.

Saturn, identified as Nin, 201; traditional connection of, with Deluge, 210-212; reference to as Oceanus, 217; the inventor of agriculture, 325.

Savage belief in the devil, 302.

Savage races, vestiges of religion among, 299, 300.

Scandinavian Edda, story of Baldrin, 172; quoted, 175.

Scandinavian mythology, the deity of, 186.

Sceptical effect of discoveries in science, xvi., xvii.

Scheme of a universal society, Kant's, 383.

Schemes, communistic, 110.

Schlegel on tradition, 124; on Chaldæan mythology, 188; on Indian traditions, 199; on diluvian tradition, 233, 234.

Scriptural chronology, historical testimony and evidence in favour of, 55.

Scriptural tradition, relics of in Greece, 182.

Scripture and tradition, 119.

Scythians, the, 33.

Seebohm, Mr F., xv.

Semitic monotheism, 170.

Serpent, the, associated with darkness, 173.

Servitude in marriage, the law of, 109.

Sethites and Cainites, 188.

Shakergal, the feast of roses in Cashmir, 69.

Shem, resemblance of Nebo to, 207.

Shepherds, dynasty of the, 102.

Shin-nong, the divine husbandman, 63; identified with Noah, 64, 232.

Siethas, the, worshipped by the Lapps, 155.

Sioux Indians, tradition among the, regarding blackness of complexion, 81; of creation of man, 134.

Six Nations, tribes of the, 365.

Slavonian account of the Creation, 154.

Smith, Rev. Dr, on the Pentateuch, 272, 273; origin of Mosaic law, 359.

Social compact, the, Pagan view of, 23.

Socialists, English, 110.

Society and government, elementary constituent of, 26.

Society, human, founded upon a contract, 21.

Solar and ancestral worship, interfusion of, 205.

Solar mythology, 166, 172.

"So-sin," the, commemorative festival in Dahome, 250, 254.

_Soss_, _sar_, and _ner_, Chaldean periods of time, 57.

Sothic cycle, the, 96, 98-100.

Sothis, Book of, 95.

Southern India, Pongol festival of, 275-282.

"Spanish Conquest of America," the, of Helps, quoted, 304, 325-327.

_Spectator_, the, on the Roman Church, 110.

Spencer, Dr, 274.

State of nature, a, 331-333.

States, formation of, 342-343.

Stephens' "Central America" quoted, 29.

Stevens, Mr E. T., 269, 296.

Stoics, the, their influence on Roman law, 372.

Stone Age, the, untenable hypothesis of, 289; Professor Nillson on, 290, 292, 297; evidence in favour of, 296, 297; mode of burial in, 308, 309.

Stripes of coloured cloth, emblematic, 388.

"Struggle for existence," the, 16.

Subjective existence of conscience, 12.

Sudra, the, 40.

Sun-worship, 154-156, 163.

Superstitions of the Khasias, 306.

"Supplicants," the, of Æschylus quoted, 131.

Symbols of peace and war, 388-392.

Syncellus, 94, 95, 97; quoted, 199.

_Tablet, The_, quoted, 2; on Arbitration instead of War, 380; on position of the Papacy, 382.

Tahitians, the, tools of, 290; religion and civilisation of, 314, 315.

Tamanacs, tradition of the, 229.

Tangaloa, the Tonga god, 82.

Tartar tribes, tradition of Deluge among, 135.

Tasman's "Voyage of Discovery" quoted, 298, 299.

Tasmanians, knowledge of fire among the, 319.

Taurus, 204.

Taylor, Rev. Richard, on the New Zealanders, 321, 322.

Temple of Diana, the, 364.

Temple of Neptune, sacrifices in the, 368.

Tendency of tradition to uncertainty and distortion, 115, 116; to reduplication, 209.

Ten Kings, League of the, 367.

Themis and Themistes, 346, 348, 349.

Three stages of progress with man, 32.

_Times, The_, quoted, 245, 380; on Franco-German war, 403.

Tlascala, the republic of, 366, 367.

Tlascopan, the kingdom of, 366.

Tocqueville, De, on international law, 8.

Tohil, the fire-god, 319.

Tonga, tradition in, regarding blackness of complexion, 82.

Tongusy, the religion of the, 156.

Tonpinambas, the, of Brazil, 301.

Topan, the idol, 269.

Tortoise, curious belief regarding the, 138, 139.

Tortures among the Indians, 247.

"Totems and Totemism," 125.

Tradition--among Mozca Indians, 70; of the human race, 105; Père Lacordaire on, 105-107; common origin of, 108; antagonism of religion to, 109; tendency of, to uncertainty and distortion, 115, 116; confusion of family tradition, 116; persistency of local, 117; unity of Scripture with, 119; Duke of Argyll on, 120; testimony of Eusebius to value of, 120; oral transmission, the main channel of, 122; Schlegel on, 124; Sanchoniathon on, 126; concordance and divergence in, 130; truth and persistence of, 131; of the creation of man, 131-137; intellectual strictures upon, 139; opposition of Baring Gould's views, 142; relics of scriptural, in Greece, 182; of the man-bull, 203; of the Deluge among American Indians, 223; among Santals and Lepchas, 224; the _Saturday Review_ on Indian, 228; Sir John Lubbock on, 283; De Maistre's view, 283-286; untrustworthiness and uncertainty of, according to Lubbock, 294; a Lapland, 296; capacity of savages for transmission of, 297-299; evidences of, in religion of savage nations, 301-306; of the mundane egg, 306-308; of fire, 319, 320; the discovery of America a proof of, 324; of Bochica among Mozca Indians, 325; Peruvian, compared with classical and oriental, 325-327; transfusion and intermixture of, 327, 328; of Golden Age, 328; of first and second heavens among Chinese, 328; of age of primitive equality, 332; coincidence of science with, 334; the centre of, 339; preservation of, under patriarchal governments, 343; of a law common to all nations, 345; of a law of nature, 350; the Atlantis of Plato an embodiment of, 367; of law connecting religion, 368; of the rainbow, 393-395; of the dove, 393-396; of modes of declaration of war, 398. _See_ also Deluge, Festivals, Noah.

Traditions connecting man with the monkey, 136.

Traditions, paralleled and compared, of diluvian customs, 254-262, 268.

Transition from Stone to Bronze Age, 293.

Treaties, the violation of, 409, 410.

Treaty of Paris, the, 403.

Tressan, L'Abbe, on mythology, 208.

Tribes of the Malay peninsula, 136; of the Six Nations, 365.

Triptolemus, the inventor of the plough, 216.

Truth and persistence of tradition, 131.

Turanian race, their migrations, 37.

Turditani, the, 240.

Tylor, Mr E. B., xiv., 41; on myths connecting man with the monkey, 136; on Animism, 300.

Union of Romans and Latins, the, 355.

Universal society, scheme of a, 383.

Unwritten laws, 369.

Usage the basis of law of nations, 378.

Untenable hypothesis of a Stone Age, 289.

Urquhart, Mr D., 386.

Utilitarianism and international law, 14, 15.

"Utility," Bentham's peculiar crotchet, 6; the basis of his juridical system, 12.

Vaivaswata, 197.

Valdegamas, Marquis de, 112.

Vancouver's Island, scene on, 317.

Vaux, Mr, on metallurgy of the ancients, 292.

Vega, Garcilasso de la, on Peruvian religion, 305.

Venus, 396; myths of, 396, 397.

Vestiges of religion among savage races, 299, 300.

Vigne, Mr G. G., 64, 69.

Violation of treaties, the, 409, 410.

Virgil, lines of, on Saturn, 137; his Æneid quoted, 211; the Eclogues, 327.

Virtue and vice personified as white and black in the Zendavesta, 83.

Voltaire, the intellect of, 113.

Voltairean prejudices against primitive records, 25.

Vul, the son of Ana, 193.

Wallace, Mr, 81; on man, 91.

Wallis, Captain, 291, 389.

Wallis, Mr J. E., 2.

War and peace, symbols of, 388-392.

War, the Declaration of, 386. _See_ Declaration of War.

Warburton, E., on oral transmission of past events among the Indians, 121.

Waring, Mr J. B., 308.

Warlike epithets applied to Noah, 202.

Water, etymology of the word, 253.

Weapons of metal among ancient races, 290, 293.

Weld, Rev. A., xiv.

Weld, F. A., Governor of Western Australia, 297.

Welsh ballad quoted, 253.

Westminster, Archbishop of, xv.

"Whale ashore," a, contrasted descriptions of, by Catlin and Sir John Lubbock, 316, 317.

Whately, Archbishop, 283.

White and black personifications of vice and virtue in the Zendavesta, 83.

White flag, the, a symbol of peace, 391.

Wilkinson, Sir J. G., on Ham, 86; his "Ancient Egyptians" quoted, 335.

Wilson's "Archæologia of Scotland" quoted, 289, 293.

Wiseman, Cardinal, 39; on the distribution of man, 82; the unity of Scripture with tradition, 119; the Oriental religions, 154; conformity of grammatical forms, 189; Jewish rites and ceremonies, 274; the growth of nations, 331.

Wordsworth's "Excursion" quoted, 145.

Women, their status, 109; precedence of, in Dahome, 259.

Worship, mode of, among the Peruvians, 304.

Worship of ancestors, 161, 205.

Writing, its invention, 123; cuneiform, 195; Greece indebted to Cadmus for, 221.

Xisuthrus, attempted identification of with Noah, 208.

Yao or Yu, 65; erection of monument by, commemorative of the Deluge, 67.

Yavana identified with Javan, son of Japheth, 43.

Yokohama, religious festivals at, 268.

Zendavesta, the, 83.

Zeus, 169-171.

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Transcriber's Note

Footnotes in the original were numbered consecutively for each chapter. They have been renumbered to be unique to the text. References to notes below follow the newly numbered sequence. For those issues which occur in footnotes, the page number refers to the page on which the note begins.

The punctuation of many quoted passages is haphazard, with quotation marks incorrectly or incompletely indicating the nesting thereof. For example, Footnote 112 on p. 134 consists in part of a quotation ending with "...the last work of the Creator." Here, the punctuation of nested quotations is incorrect. It is not clear where the boundary of the quote should be.

Unless the scope is very clear, no attempt has been made to correct these lapses, and the text stands as printed. We note the following paragraphs which remain as printed:

p. 134 n. 112 "The Chinese cosmogony...

p. 138 n. 116 "The Mandans believed...

p. 176 n. 142 In the _second_ ... fixed it at midnight."

p. 185 Ra is a god with few peculiar...

p. 191 Rawlinson says of this god...

p. 195 n. 154 _Vide_ his other epithets...

p. 216 Bachus is by some called...

p. 239 "He is said to have transmitted to mankind...

p. 254 "The chief actors in these strange scenes...

p. 258 It will be remembered...

The opening scene in the Mandan customs...

p. 260 We shall not be surprised to learn...

p. 262 At Whydat ... white visitors.

p. 265 n. 224 "The Sandwich Islands...

p. 270 At pp. 477-78 there is perhaps...

p. 275 Mr Max Müller adds...

p. 327 "Amongst the Mexicans ... in the old world."

p. 387 n. 325 The Very Rev. Dr Rock... St Paul says...

p. 392 n. 333 _Vide_ also in Carver's...

This text is dense with citations, some of which seem incorrect. For example, the reference to Genesis i. 2. on p. 234 is attributed to "Gen. x.". No attempt was made to correct any attributions.

In note 305 on p. 364, the quoted passage from Pastoret's (ix, 170) was corrupted, and is corrected: "On s'assembloit dans [au lien/un lieu] sacré du Mont Mycale".

On p. 399, the name "Æschylus" appears, unaccountably as "OEschylos", but is retained.

This text is generally followed as printed. Corrections are made only where there are obvious printer's errors or where there are numerous examples of a correct spelling. Where the issue appears in quoted passages, no corrections were made. This includes foreign language citations (French, Latin and Greek), where spelling and accents, in particular, may not appear as expected.

In the index and advertisements, incidental inconsistencies of punctuation are corrected without further notice.

The following table describes textual issues encountered during the preparation of this text, and the resolution of each.

p. xxviii occ[c]upy Removed.

p. 30 ethnic division.["] Added.

p. 61 n. 51 "Vues des Cordillères["], Added.

p. 69 n. 56 (Sanskrit, pota = boat[)] Added.

p. 70 n. 57 TO THE WATERS OF THE GREAT LAKE, &c.["] Added.

p. 77 n. 63 the extent of the countries they _sic._ Opening inhabit.["] quote missing.

p. 79 according to different [different] degrees Removed.

p. 83 a 'dark['] spirit Added.

p. 96 (1461 [+/×] 2) = 2922 Corrected.

p. 98 generations [ ], years _sic._ Missing.

p. 111 acc[c]ounted Removed.

p 115 '_In the mountain the Lord will see_.[']" Added.

p. 109 n. 79 co[s]mopolitanism Added.

p. 118 n. 88 "L'Antiquite devoilée par ses Usages["] Added.

p. 133 n. 110 M[u/ü]ller Corrected.

p. 135 are still living under the ground.["] Added.

p. 195 [ ']arrow-head,' Added.

p. 203 'the chief of the spirits,['] Added.

p. 205 n. 163 "Anacalypsis,['/"] Corrected.

p. 226 which owes it[s] origin Added.

p. 228 mi[s]chievous Added.

p. 240 with two horns.["] Added.

p. 244 Montfau[c/ç]on Corrected.

p. 248 n. 209 noted also in the "Panathenæa.["] Added.

p. 250 _kan_ (rope) 'gbe (to-day).["] Added.

p. 252 n. 212 being the most common.["] Added.

p. 262 which are thus described[?] _sic._ ':'?

p. 266 n. 224 Hawaiki, [(]Sandwich Islands). _sic._ ?

p. 267 in the branches of the trees["] Added.

p. 267 n. 226 ["]The Indians resemble Added.

p. 271 ["]gods Canon and Camis or Chamis;" Added.

p. 272 n. 230 divided into _four acts_["]. Added.

p. 284 n. 235 ['/"]Soirées de St Petersbourg" Corrected.

p. 289 Lubb[u/o]ck's Corrected.

p. 304 n. 255 and "camac" participle of "camani," ["]I create." Added.

p. 316 to [the] the reader Line break repetition.

p. 321 n. 265 (["]Traditions of the New Zealanders") Added.

p. 341 n. 285 (Gen. xiii.)[]] _sic._ ?

p. 355 n. 294 (Niebühr, ii. ch. vi.[)] Added.

p. 363 n. 304 ["]The oath taken by Added.

p. 372 n. 309 ["]_L'Antiquité dévoilée par ses usages_ Removed.

p. 385 n. 323 ne saurait assez reconnaître.["] Added.

p. 387 n. 326 "_Droit Romain_,["] i. 48. Added.

p. 390 the "caduceatores["] Added.

p. 394 n. 334 Smith ("Myth. Dict."[)] Added.

p. 421 Romans and [and ]Latins Line break repetition.

p. 426 Norma[m/n]by Corrected. Go[q/g]uet's Corrected.